HomeMy WebLinkAbout2007 06 25 Public Hearing 500 Ordinance Number 2007-09
CITY COMMISSION
ITEM 500
Consent
Information
Public Hearin
Re ular
x
June 25, 2007
Meeting
REQUEST: The Community Development Department - Planning Division requests that the
City Commission hold a Public Hearing for Second Reading of Ordinance 2007-09, a Small Scale
Comprehensive Plan Amendment, which changes the Future Land Use Map designation of one (1)
parcel containing 4.32 acres, more or less, located on the west side of DeLeon St. at 1740 DeLeon
Street from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural
Residential" (min. 1 acre) with "Conservation Overlay" on those affected areas.
PURPOSE: To proceed with a city-initiated Small Scale Future Land Use Map (FLUM)
Amendment, to change the FLUM designation for the subject property from (Seminole County)
"Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (min. 1 acre) with
"Conservation Overlay" (on those affected areas).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for
the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of such
plan.. .
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to
the governing body such changes in the comprehensive plan as may from time to time be required. ..
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprin\?:s Charter Section 4.15 Ordinances in General.
Winter Sprin\?:s Article III. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency shall
consider the application(s) at a Public Hearing, along with the staff review board's recommendation,
and recommend that the City Commission approve, approve with modifications (text only), or deny
the application for transmittal to the Department of Community Affairs. At a minimum, the Local
June 25, 2007
City Commission Public Hearing Item 500
Page 2 of 8
Planning Agency shall consider the same factors considered by the staff review board. The LP A shall
hold at least one (1) public hearing prior to making its recommendation to the City Commission.
CHRONOLOGY:
Oct. 25,2004- Rook property annexed into the City (Ordinance 2004-48)
A FLUM amendment was never adopted.
Nov. 2004- Seminole County's UrbanlRural Service Boundary established by referendum. The
Urban/Rural Service Boundary follows the City's eastern perimeter, placing the
subject property within the urban service area.
April 1 L 2007- Certified letter mailed, noticing property owner of the city-initiated amendment
April 17, 2007- Adjacent property owners within 150' notified by regular mail
April 19, 2007- Public Noticing in Orlando Sentinel ofLPA Public Hearing
May 2, 2007- P& Z Board (LPA) heard the request and made recommendation of Adoption
May 17,2007- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading
May 29,2007- 1st Reading of Small Scale Comprehensive Plan Future Land Use Map Amendment
(Ordinance 2007-09)
June 7, 2007- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading
June 25, 2007- City Commission Public Hearing for 2nd Reading and Adoption.
CONSIDERA TIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, FL 32708
Owner( s) - Cynthia L. Rook
Location - 1740 DeLeon Street (west side of DeLeon St.)
Site Information - The subject property currently has a (Seminole County) "Rural-3" Future Land
Use and is being considered for this Future Land Use change to (City of Winter Springs )"Rural
Residential"(min. 1 acre) with "Conservation Overlay" (on those affected areas). A Conservation
Overlay already exists on the property under Seminole County.
Total Acreage - 4.32 gross acres (more or less)
SUBJECT PROPERTY
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel 1.0.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
1740 DELEON ST; OVIEDO 32765
Cynthia L. Rook
1740 DeLeon St.; Oviedo, FL 32765
03-21-31-300-007 A-OOOO
4.05
SEC 03 TWP 21 S ROE 31E N 'h OF NE v.. OF SW 'I. OF NW II.
(LESS N 70 FT OF E 330 FT)
Single Family Homestead
"A-3 Agricultural 3-Acre" (Seminole County)
Rural-3 (Seminole County) with "Conservation Overlay"
Rural Residential (Winter Springs) with "Conservation Overlay"
(on those affected areas)
Chronology of Subiect Property - The subject property has been under the same ownership for
more than ten years.
June 25, 2007
City Commission Public Hearing Item 500
Page 3 of 8
Existing Land Uses -The subject property has been Ms. Rook's single family homestead since
1995.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
North
__.____.__.~M_.___._....___.__._._~...._...
South
Single Family Homestead
Light Manufacturing
A-3 (SC)
A-3 (SC)
in Winter
A-3 (SC)
A-3 (SC)
in Winter Springs
Rural-3 (maximum of one
dwelling unit per 3 acres)
SC in Winter S rin s
Rural-3 (SC)
Rural-3 (SC)
in Winter
Rural-3 (SC)
Rural-3 (SC)
in Winter Springs
Subject Sites Single Family Homestead
A-3 Agriculture (SC) in
Winter Springs
East
West
Agriculture
Ornamental Nursery Stock
Production
(WS) Winter Springs; (SC) Seminole County;
Development Trends - Due in part to development pressures in the area, Seminole County
sponsored a referendum in 2004, which established an Urban/Rural Service Boundary as part of the
County Charter. The Boundary borders the subject property on the east, which is also the eastern
edge of the City of Winter Springs. [The Boundary restricts land use changes on properties located to
the east in the rural area of Seminole County, from land use changes, without the approval of the
Board of County Commissioners.] The subject property is not in the area restricted by the
Urban/Rural Service Boundary.
Proposed Future Land Use Classification - The proposed change in the future land use
designation from Seminole County "Rural-3" to City of Winter Springs "Rural Residential" with
"Conservation Overlay" (on those affected areas) is compatible with adjacent land uses both in the
City of Winter Springs and with adjacent agricultural lands in Seminole County. A Conservation
Overlay already exists on the property under Seminole County.
Letters/Phone Calls In Favor Or Opposition - None to date.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues, which staff analyzed in reviewing this application:
Justification for Future Land Use Desi2nation-
Although this property was annexed into the City 2-1/2 years ago, it never received a City of Winter
Springs Future Land Use designation.
The subject property is immediately adjacent to the City's new annexation boundary (DeLeon Street).
Given the prevailing character of the area, the City Commission has directed Staff to proceed with a
city-initiated Small Scale FLUM Amendment, to change the Future Land Use Map designation for
the subject property from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter
Springs) "Rural Residential" (min. 1 acre) with "Conservation Overlay" (on those affected areas).
The Future Land Use Element describes these designations as:
June 25, 2007
City Commission Public Hearing Item 500
Page 4 of 8
"The Rural Residential category is mainly reserved for large lot single-family residences
not exceeding one unit per acre. Accessory structures and primary agricultural uses may
be permitted based upon the appropriate surrounding land uses."
"The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended
to protect areas that may potentially contain protected wildlife habitat areas, hydric
soils/wetlands, and special vegetative communities. Included within the Conservation
Overlay definition are areas within a public water well radius of 500 feet, within the 100-
year floodplain, and other areas subject to environmental or topographic constraints. The
area designated as conservation overlay on the FLUM is not intended to prevent
development, but rather identify sensitive areas that need to be reviewed carefully during
the review process to determine whether development should be permitted or if some
form of mitigation may be necessary. If the areas are determined not to be sensitive, than
the underlying land use development density and/or intensity will be applicable."
The City Commission desires that the land use transition from Low Density Residential at Barrington
Estates to a less intense classification at the edge of the City and adjacent to the Black Hammock
area. "Rural Residential" is the designation most similar to the existing Seminole County "Rural-3"
designation and the least intensive of the City's future land use categories.
Public Facilities -
ROADS/TRAFFIC CIRCULATION:
Availability of Access:
Access is to the property is currently available from DeLeon Street, which connects directly to State
Road 434.
Improvements/expansions needed as a result of proposed annexation
The net traffic volumes generated from the proposed change of land use are considered to be
insignificant; the proposed future land use would allow no more than four (4) single family homes.
POTABLE WATER:
The subject property is not currently served by the City of Winter Springs for potable water.
Although available capacity exists to serve the subject property, the closest service line is at
Barrington Estates.
WASTEWATER
The subject property is currently served by a private septic system for wastewater services. Although
available capacity exists to serve the subject property, the closest service line is currently available
along State Road 434 and within Barrington Estates.
RECLAIMED WATER:
There are currently no reclaimed water service lines in this area.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service.
SOLID WASTE:
The City of Winter Springs currently has an exclusive franchise agreement with a solid waste hauler,
Waste Pro of Florida, Inc. who will provide service to this area.
June 25, 2007
City Commission Public Hearing Item 500
Page 5 of 8
STORMW A TER MANAGEMENT:
Future development will be subject to the Florida Dept of Environmental Protection (FDEP)
Outstanding Florida Waters Program standards for stormwater management as required for
Barrington Estates.
RECREATION & OPEN SPACE:
Future development will be required to meet concurrency standards for park and recreational facilities
as required by the City's Comprehensive Plan Recreation and Open Space Element.
POLICE:
Under the First Response Agreement between the cities and the County, the closest entity will service
the subject property. It is likely that the Oviedo Police would be the first responders.
FIRE:
Under the First Response Agreement between the cities and the County, the closest entity will service
the subject property. A Fire Station is currently housed in City Hall, approximately four miles from
the subject property. Emergency Service Response Time is less than five minutes.
Nuisance Potential Of Proposed Use To Surroundin2 Land Uses -
The change in designation from (Seminole County) "Rural-3" to (City of Winter Springs) "Rural
Residential" with "Conservation Overlay" (on those affected areas) will not result in any nuisance
potential for the surrounding properties. The proposed future land use is the least intense of the
City's future land use categories and adjacent properties to the west and south are also being
considered, concurrently with this property, for the same future land use change.
Natural Resources Compatibilitv-
The property has a significant amount of natural vegetation along the south and west property lines,
providing a natural buffer and effectively screening it from adjacent properties.
FLOOD PRONE AREAS
A drainageway follows the south perimeter of the property line and connects to the Solary Canal that
runs north on the west side of DeLeon Street. These drainageways and associated uplands are
indicated on FEMA maps as floodways and flood plains. Residential structures are not allowed
within the flood plain. The Conservation Overlay includes these areas.
No known wetlands exist on the property. Any future development will be required to comply with
FDEP and SJRWMD regulations.
SO ILS
The dominant soils on the subject property are Basinger/Delray fine sands which are characterized as
being nearly level and poorly drained and very poorly drained. These soils are poorly suited to use
for homesites and other urban development due to wetness. To overcome wetness, a water control
system will be needed to provide for subsurface drainage and to remove excess surface water. Fill
material will be required to be added to make the site suitable for urban purposes.
HISTORIC RESOURCES
None identified.
June 25, 2007
City Commission Public Hearing Item 500
Page 6 of 8
WILDLIFE
An environmental analysis will be required to identify if any listed species are located on the site and
appropriate permits must be obtained before any removal takes place.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Consistency with the Comprehensive Plan is determined when the land uses, densities, or intensities,
capacity or size, timing and other aspects are compatible with and further the objectives, policies,
land uses and densities or intensities in the comprehensive plan.
Need for Residential Land
The Comprehensive Plan indicates that a substantial amount of new housing units will be needed
from 2000 to 2010 to serve City residents. The City's Housing Element, Policy 1.1.1 states, "The
City's Future Land Use Map shall include adequate amounts of land to accommodate the projected
housing growth." Changing the future land use designation to "Rural Residential" furthers the intent
of the Future Land Use Element for increased residential property in the City.
Recently, the City adopted an Annexation Boundary into its Code and is adding similar language into
the Comprehensive Plan that limits the expansion of the City's boundary to the east. Such action will
limit lands available for development and will encourage infill development.
The "Rural Residential" classification allows a maximum of one unit per acre, which would allow
three additional homes in addition to the existing homestead.
Intergovernmental Coordination
The Comprehensive Plan Intergovernmental Element clearly states that the City is to coordinate and
promote land use compatibility with other governmental entities as plans are reviewed (Future Land
Use Element, Objective 1.7 and Policy 1.7.1). Intergovernmental notices of the public hearings were
given to the Seminole County School Board, Seminole County, and the City of Oviedo. No formal
response was been received either in support or objecting to the requested change in land use.
FINDINGS:
(1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's
budget, or the economy of the city or the region;
The proposed amendment will have no effect on the City's budget until such time as the property
further develops.
(2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities;
The inclusion of an additional three (3) single family residential units will not reduce the current
operating capacities or LOS for public facilities in the City.
(3) Whether there will be a favorable or unfavorable impact on the environment or the natural or
historical resources of the city or the region as a result of the proposed amendment;
The proposed amendment allows the continued use of the site as a homestead resulting in no
unfavorable impacts to the environment and identifies areas that may be environmentally sensitive
with the designation of "Conservation Overlay". Any future development will be subject to DEP and
SIR WMD regulations.
June 25, 2007
City Commission Public Hearing Item 500
Page 7 of 8
(4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state
comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional
Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code;
The proposed amendment is consistent with the goals, objectives, and policies of the state
comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional
Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code;
(5) Whether the City is able to provide adequate service from public facilities to the affected
property, if the amendment is granted, and whether the amendment will promote the cost/effective use
of or unduly burden public facilities;
The proposed amendment will resolve the fact that the land use was never subsequently changed to a
Winter Springs category after annexation from Seminole County in 2003 and will further enable
Winter Springs to provide services in a more efficient manner; The City has public facilities in place
to supply water and sewer service to the area at such time as distribution lines are extended to the
property.
(6) Whether the amendment is compatible with surrounding neighborhoods and land use;
The change of the Future Land Use Map designation will not result in any incompatible land uses,
including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting,
appearance, and other factors deemed important.
(7) Whether approval of the amendment will cause the comprehensive plan to be internally
inconsistent;
The request is consistent with all applicable goals, objectives and policies of the City's adopted
Comprehensive Plan and furthers the consistency of the Comprehensive Plan.
(8) Whether the proposed amendment will promote or adversely affect the public health, safety,
welfare, economic order, or aesthetics of the city or region; and
The change in land use promotes the public health, safety, welfare, economic order, and aesthetics of
the immediate area and is in conformance with the purpose and intent of the City Code and with all
applicable requirements.
(9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191,
Florida Statutes.
The request is consistent with Florida Statute Chapter 163, Part II, and Rule 91-5 of the Florida
Administrative Code.
LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning & Zoning Board/LPA on May 2, 2007, the
Board/Agency recommended unanimous approval of Ordinance 2007-09, with a vote of 4-0.
A copy of the unapproved minutes are attached as Attachment 'B'.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for 2nd Reading and Adoption of
Ordinance 2007-09, a Small Scale Comprehensive Plan Amendment, changing the Future Land Use
Map designation of one (1) parcel containing 4.32 acres, more or less, located on the west side of
June 25, 2007
City Commission Public Hearing Item 500
Page 8 of 8
DeLeon S1. at 1740 DeLeon Street from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to
(Winter Springs) "Rural Residential" (min. 1 acre) with "Conservation Overlay" on those affected
areas.
ATTACHMENTS:
A- Noticing in the Orlando Sentinel
B- Minutes from the P&Z / Local Planning Agency Meeting, May 2, 2007
C- Current Future Land Use Map, April 2007
D- Proposed Future Land Use Map, April 2007
E- Ordinance 2007-09 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
ATTACHMENT A
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H4 - On.odo SeodDel
Sf THURSDAY. JUNE 7, 2007
What's Happening
From page H.J
arrive 10-15 minutes early for
.-eglstration. $5 per class. 407.
24fi.<)921.
Reverse mortpge pro-
gram: 11 a.m. Fridaya; Marks
Street Senior ~n Com-
pie>< 99 E. Marko St., Orlando.
The Senior Education F ounda.
tioJ1 will present infonnation
about the l'liA-insured reverse
mortgage program that aUows
senion to access equity in their
bomes without making: any
mortgage payments. Reserva-
cia)'; ~ Mary Activity Con-
~r. 911 Wallace Court. Free.
~7-6ll5-1466.
YOlO: 9:30-10:45 I.m. Tues-
days and 5:45-7 p.m, Thurs-
days; Marks Street Senior Reo-
Cl'Ntion Complex, 99 E. Marla:
St., Orlando. The dasses are
designed to integJ'Ble the body,
mind andspirit through aware-
ness and movement AlIlewts
welcolm. New students should
ContlnuH on HI
GENERAL DENTISTRY
DOOAl Cl.WIING
1110 '70
DElJJXEDEII11.OEiUl
~PlETE0!i110()fl. '680
CROWN , BRIDGE (pIf lri)
~~EtAlN TO BMETA&. '64S
SlMPlf EXl'AACTION
~~I~ AOO1} 1110
SUPSI:lR DEtmJAE (EA.)
~:Z:lETE05110OA '780
?HE GREATER MALL
~ ~o: DR, DEEP AGEE "...."',
CASSELBERRY 1407)33802442/(407)338-5734 ~ a3
Models Include:
o Wide Inward-opening Door 0 Anti-slip Floor & Anti-slip High Seat
0168 Jets of Heated Hydrotherapy Helps Circulation, SliNness & Pain
o Therapeutic & Relaxing Deep Soak 0 Foot & Leg Massager 0 Bidet
o Handheld & Wall Mount Shower Head 0 Many Models, Sizes & Colors for ANY
Problem, ANY Space, Any Decor 0 Lifetime Guarantee: Will NEVER ~eak 0 Installation
Available in ALL 50 Slates' FDA & ADA: May be Tax Deductible & Sales Tax Free,
.~'\. For Details & Live Operator 24/7
__ad8aIUvlDllUSA ... _C.!'!..N~.J~lo~.!..._ I
NOTICE OF CHANGES TO THE
COMPREHENSIVE PLAN
AND ZONING MAP
CITY OF WINTER SPRINGS
NanCE IS NEREBY GIVEN TNAT THE OTY COMM~SION OF
TNE all OF WINTER SPRINGS PROPOSES TO ADOPT:
ORDINANCE NO. 2007".04
AN ORDINANCE OF TNf all COMMISSION OF THE all OF WINTER SPRINGS, FLORIDA, ADOPTING A SMAU. SCAlE
FUTURE WlO USE MAP AMENOMENT BT OtANGING TNE FUTURE WlO USE MAP DESIGNATION OF THE REAl
PROPERll CONSTITUTING A PARCIl TOTALING 18 ACRES MORE OR LESS GENERAllY LOCATED ALONG wm STATE
ROAD 434 IN WINTER SPRINGS, FLORIDA, MORE PARTICUURLY DfflOED AND LfGAlIl' DESCRIBED ON EXHIBIT
'J( ATTAlIIED HERETO, FROM SEMINOLE COUNll'RUIW.-l" TO OTY OF WINTER SPRINGS 'CONSERVATION' ANO
'COMMERCIAL' WITH 'CONSERVATION DVERUY' (ON TNOSE AFfEmD AREAS) AS DfflmD ON EXHIBIT 'r,
PROVIDING FOR TNE RffEAL OF PRIOR IHCONSISTENT OROINANCES AND RESDLUTlON~ SEVW8lLlf(
INCORPWTION INTO THE COMPREHENSIVE PUN, AND AN EFFECTIVE DATE. (S.. MAP bolow, Sitt '1', for 1taIIon)
ORDINANCE NO. 2007.05
AN ORDINANCE OF THE aTY COMMISSION OF TNE all OF WINTER SPRING~ FLORIDA, CHANGING TNE ZONING
MAP DESIGNATION OF TNE REAL PROPERll CONSTITUTING A PARCEL TOTWNG lJ ACRES MORE DR uss.
GENERAllY LOCATED ALONG WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND LEGALLV OESCRlBED ON
EXHIBIT 'A' ATTAOIED HERETO; FROM SEMINOLE COUNTY 'A.3' TO OTY OF WINTER SPRINGS 'C.J NEIGHBORHOOD
COMMERCIAL', PROVIDING FOR THE REPEAl OF PRIOR INCONSISTENT ORDINANCES AND RESOlUTIONS,
SEVEWILlf( AND AN EFFEOIVE DATE. (5,. MAP bilow, Silt 'I', for 1,,"lon)
ORDINANCE NO. 2007-09
AN ORDINANCE OF THE all COMMISSION OF TNE cm OF WINTER SPRlNG~ IIMINOLE COUNT"( flDJlllA,
ADOPTING A SMAlL SCALE COMPREHENSIVE PUN AMENDMENT BY CHANGING TNE FUTURE lJ.HD USE MAl
DEgGNATlON OF TNE REAl. PROPERTY CONSTITUTING ONE (11 PARCEL TOTALING 4.32 ACRES, MORE DR LESS,lND
LOCATED AT 1740 DELEON mEET IN WINTER SPRINGS, FLORIDA, AND MORE PARTICUWLY DEPlClSl AND .
LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE COUNTY 'RUIW.-3' TO all OF WINTER
SPRINGS 'RUU!. RESIDENTIAL' WITH 'CONSERVATION OVERUY' (ON TllOSE Ammo AREAS); PROVIDING FOR .
THE REPEAl. OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABIUf( INCORPORATION INTO THE -
COMPREHENSIVE PUN, AND AN EFFEOIVE DATE. (Sot MAP bll.w, 511. '%', for ""'Non)
OIDINANCE NO, 2007.15
AN ORDINANCE OF TNE cm COMMISSION OF TNE OTY OF WINTER SPRING~ FLORIDA, CHANGING TNE ZONING
MAP DEgGNATlON OF TNE REAl. PROPERTY CONSTITUTiNG ONE (I) PARCEl TOTWNG 4.32 ACRES, MORE DR US\,
AND LOCATED AT 1740 DELEON STREET IN WINTER SPRINGS, FLDRlOA, AND MORE PARTlCUWLY DEPlCTfll AND
LEGALLY DESCRIBED ON' EXHlBIT 'A' ATTACIIEO HERETO, FROM SEMINOLE COUNTY 'A-3' TO OTY OF WINTER
SPRINGS 'R.CI SINGLE FAMILY DWELLING', PROVIOING FOR TNE REPEAl. OF PRIOR INCONgSTINT OROINANCES
.lNIl RESOLUTIONS, SEVERABILIT( AND AN EFFECTIVE DATE. (Stt MAl boIow, Silt '2', lor 1.1111..)
ORDIHANCE NO. 2007.10
AN ORDINANCE OF TNE aTY COMMISSION Of"THE CITY OF WINTEI SPRlNG~ FLORIO/., ADOPTING A SMAU. $CALI
COMl'REHEHgVE PUN AMENDMENT BY GlANGING THE FUTURE UNO USE MIJ DfSlGIW10N OF THE REAl
PROPfRTY CON5TITUTlNG ONE II) PARCEL TOTWNG 1.6 Acm. MORE OR LESS, ANO LOCATED AT 1Il1 CRESS WN
IN WINTER SPRINGS, FLORlOA, ANO MORE PARTlCUURLY DfflcrEO ANO lfGAlLY DESCRIBED ON EXHIBIT oA'
ATTAOIEO HERETO, FROM SEMINOLE COUNTY 'IUIW.-3' TO OTY OF WINTER SPRINGS 'RUIW. RfSlOENTlAL'WITH
'CONSERVATION DVERUY' (ON THOSE AfF'fcrEO AREAS); PIOVIDING fOR TNE REPfAI. OF PRIOR IHCOIlSlSTEIlT
ORDIIWICES ANO RESOLlmONS, SEVER.\BIUT( INCORPORATION INTO THE COMPREHENSIVE PUN, AND AN
EffECTIVE DATE. (Sot MAP balow, Silt T, lor 1".lion1
ORDINANCE NO. 2007.16
AN ORDINANCE OF TNE cm COMMISSION OF THE CITY OF WINTER SPRlNG~ FLORIDA, CHANGIlIG TNE ZONING
MAP DESIGNATION OF TNE Wl PROPERTY CONSTITUTING ONE III PARCEL TOToIllNG l.ucm. MORE OR I.fSS,
AND LOCATIO AT 201 CRESS RUN IN WINTEI SPRINGS, FLORlOA, ANO MORE PARTICUlARLY OEPlCTID AND
LEGALLY OESCRIBEO ON EXHIBIT 'A' ATTACHE1l HEWo; tRllltSEJdINOLf COUNTY 'A-3' TO OTY OF WlllTER
SPRINGS 'R-Cl gNGLE-FAMILY OWElllNG', PROVIOING FOR TNE RffEAI. OF PRIOR INClIlISISTENT OROlNANCE5
ANO RESOLUTIONS, SEVERABlLlf( ANO AN EFFEClIVE OATE. (Sot MAP boI.w, SII,'3', lor Iocat~'l
Location Ma.
PUBLIC HEARINGS
FOR SECONO READING 100001'l10N
WILL BE HElO ON
MONDA~ IUNE %5,2007 AT 5:15 !M-
OR SOON THEREmER IN THE COMMISSION CHAMBERS LOCATIO AT THE WINTER SPRINGS em HAlL
1126 EAST STATE ROAD 834
WINTER SPRINGS. FLORIDA
Th. propo,s.d ordinQIKIS may be obloinlil by inltrlStld pOl1ilS b,rwqn B a.m. and S p.m., MoAdgy lbRugh FritH".
'h. a~', Clork', Offill, ~laItd alm6 E. SR 434, Win'or SpNngl, Rond.. For..... idormatfon, ,011 (W) 327.IBIIII
tin7. Ptrsons with disobilhits nHding assislantl: I'll pllrtitipGl. in ony of these. prot..dinas sItould mahId thI
Employ" RtIGlionl O.pllrt",.n' Coordinator,.48 hou" in advonce ofrh, .....liog at (407) 327.1800, #236. Th_ DI'I
publ'lC hearings. Inltl1StlG parties or. IIchised !tIilt Ih" "01 opp.ar at 1M ","ling and b. hlllrd wi' ""'''IM
propostd ordiItGACIS.II,.u dlCio 10 .ppeal ony rttomm,lWlaliOft or dtcislol mad. by" Otr Comll\is1iol dllSplCt
10 any IIIIn.r considaftd at 1bis CIlMling, yau will nNd orl[Ord 01.. prOClldings, and for svch pIKpOSlI, ,.., IIICIJ
nud 10 MAlr. that a y.rbo~.. f1Icord of Ih, p!'<<Iedinas is mad. UpOfl whidl ,be apptalls ba.d.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MA Y 2, 2007
PAGE 9 OF 13
"I MOVE THAT [AGENDA ITEM] '502' BE APPROVED AS PRESENTED
CHANGING THE 29.3 ACRES MORE OR LESS LOCATED WEST OF DELEON
[STREET] AT CRESS RUN FROM SEMINOLE COUNTY 'A-3' AGRICULTURE
TO WINTER SPRINGS 'R-C1' SINGLE FAMILY DWELLING DISTRICT."
MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON
TILLIS. DISCUSSION.
VOTE:
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
MOTION CARRIED.
Ms. Sahlstrom noted that, "We will take this forward on May 29th [2007]."
PUBLIC HEARINGS
503. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2007-09, A Small Scale Comprehensive Plan Amendment, To Change The Future
Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less,
Located On The West Side Of DeLeon Street At 1740 DeLeon Street From
(Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs)
"Rural Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those
Affected Areas.
Ms. Sahlstrom introduced this Agenda Item, displayed an Aerial view of the property and
said, "Staff does recommend that you hold a Public Hearing and recommend Approval to
the City Commission for Adoption of this Ordinance which is a Small Scale
Comprehensive Plan Amendment to change the Future Land Use Map (FLUM)
designation of one (1) parcel from 'Rural-3' to Winter Springs 'Rural Residential' with
'Conservation Overlay' on those affected areas. And, if you do make a recommendation
to move this forward, it will go to the City Commission on May 29th [2007] and because
it is a Small Scale Comprehensive Plan Amendment, it does not have to be Transmitted
to the State for review. We transmit it to them after an Adoption just for their records.
And so, Adoption is anticipated most likely for June 25th [2007]."
Chairman Poe opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE 10 OF 13
"I WOULD LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL TO
THE CITY COMMISSION FOR ADOPTION OF ORDINANCE 2007-09
CHANGING THE FUTURE LAND USE MAP (FLUM) DESIGNATION OF THE
SUBJECT PROPERTY FROM SEMINOLE COUNTY 'RURAL-3' TO WINTER
SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' ON
THOSE AFFECTED AREAS." MOTION BY VICE CHAIRPERSON TILLIS.
SECONDED BY ADVISORY BOARD MEMBER RYSER. DISCUSSION.
VOTE:
VICE CHAIRPERSON TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER BROWN : AYE
BOARD MEMBER RYSER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
504. Community Development Department - Planning Division
Requests That The Planning And Zoning Board / Local Planning Agency Hold A
Public Hearing For Ordinance 2007-15, Which Rezones A Parcel Containing 4.32
Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon
Street From "A-3" Agricultural (Seminole County) To "R-Cl" (City Of Winter
Springs) Single Family Dwelling District" (Minimum Lot Size- 1 Acre).
Ms. Sahlstrom presented this Agenda Item and said, "The property owner was notified by
'Certified' mail as well as the adjacent property owners. This is a City initiated request
to change it from' A-3' Agriculture to 'R-C l' which would be a minimum lot size of one
(1) acre." Ms. Sahlstrom stated, "We analyzed the Request against the fourteen (14)
Criteria in the Code and found that it met the review standards, it satisfied those
standards, and therefore, Staff does recommend you hold a Public Hearing related to
Ordinance 2007-15 and that you would make a recommendation of Adoption to the City
Commission to Adopt the change of Zoning to 'R-C 1 '."
Chairman Poe opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM '504' AS
WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER.
SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION.
ATTACHMENT E
ORDINANCE NO. 2007-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE
PLAN AMENDMENT BY CHANGING THE FUTURE LAND
USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1 ) PARCEL TOTALING 4.32 ACRES,
MORE OR LESS, AND LOCATED AT 1740 DELEON STREET
IN WINTER SPRINGS, FLORIDA, AND MORE
P ARTICULARL Y DEPICTED AND LEG ALL Y DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS
"RURAL RESIDENTIAL" WITH "CONSERV A TION
OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN,
AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(l)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency ofthe City of Winter Springs held a duly noticed
public hearing on May 2, 2007, in accordance with the procedures in Chapter 163, Part II, Florida
Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Ordinance No. 2007-09
Page 1 of 3
~"
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulation Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City
of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit" A" from Seminole County "Rural- 3" to City of Winter Springs "Rural
Residential" with "Conservation Overlay" (on those affected areas). Exhibit "A" is attached hereto
and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section
163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this
Ordinance, then this Ordinance shall become effective at such time as the Florida Department of
City of Winter Springs
Ordinance No. 2007-09
Page 2 of 3
~.~.,
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ,2007.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2007-09
Page 3 of 3
~.,
EXHIBIT A
Ordinance 2007-09
Site
R~!;.?.......
Parcel # & LeClal Description:
03-21-31-300-007A-0000 SEe 03 TWP 21 S RGE 31 EN Y, OF NE y.. OF SW y.. OF NW y..
(LESS N 0 FT OF E 330 FT)
ORDINANCE NO. 2007-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE
PLAN AMENDMENT BY CHANGING THE FUTURE LAND
USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1 ) PARCEL TOTALING 4.32 ACRES,
MORE OR LESS, AND LOCATED AT 1740 DELEON STREET
IN WINTER SPRINGS, FLORIDA, AND MORE
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT" A" A TT ACHED HERETO, FROM SEMINOLE
COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS
"RURAL RESIDENTIAL" WITH "CONSERVATION
OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN,
AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
l63.3l87(l)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on May 2,2007, in accordance with the procedures in Chapter 163, Part II, Florida
Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Ordinance No. 2007-09
Page 1 of 3
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulation Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City
of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit" A" from Seminole County "Rural- 3" to City of Winter Springs "Rural
Residential" with "Conservation Overlay" (on those affected areas). Exhibit" A" is attached hereto
and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date ofthis Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section
163.3187(3)( c), Florida Statutes, unless challenged within thirty (30) days after adoption of this
Ordinance, then this Ordinance shall become effective at such time as the Florida Department of
City of Winter Springs
Ordinance No. 2007-09
Page 2 of 3
.
EXHIBIT A
Ordinance 2007-09
NST.
Site
R S
Parcel # & Leaal Description:
03-21-31-300-007A-0000 SEe 03 TWP 21 S RGE 31 EN Y2 OF NE y.. OF SW y.. OF NW y..
(LESS N 0 FT OF E 330 FT)
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part ofthat plan and the Amendments shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 25thdayof June ,2007.
/
legal form and sufficiency for
ter Springs only:
Anthony A. Garganese, City Attorney
First Reading: May 30, 2007
Second Reading: June 25, 2007
Effective Date: See Section 9.
City of Winter Springs
Ordinance No. 2007-09
Page 3 of 3