HomeMy WebLinkAbout2007 06 25 Public Hearing 502 Ordinance Number 2007-10
CITY COMMISSION
ITEM 502
Consent
Information
Public Hearin
Re ular
x
June 25, 2007
Meeting
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REQUEST: The Community Development Department - Planning Division requests that the
City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-10, a
Small Scale Comprehensive Plan Amendment, which changes the Future Land Use Map designation
of one (1) parcel containing 1.6 acres, more or less, located immediately west of DeLeon S1. at 201
Cress Run from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural
Residential" (up to 1 unit per gross acre) with "Conservation Overlay" (on those affected areas).
PURPOSE: To consider 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" (up to 1 unit per gross
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 Sprin2: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 502
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:
Nov. 27, 2000- Annexation of Subject Property (Ordinance 2000-40).
Seminole County and the City of Oviedo formally objected to the annexation. A FLUM amendment
was never adopted.
Nov. 2004- Seminole County's Urban/Rural Service Boundary established by referendum. The
Urban/Rural Service Boundary follows the City's eastern perimeter, placing the
Montgomery property within the urban service area.
Nov 22, 2004- Fifteen (15) year Development Order granted to Tim & Hope Montgomery for the
operation of Eagle Bay Wood Products, Inc. (for the manufacture of wood cabinets
and similar furniture) at 201 Cress Run.
April I!, 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- LPA to hold Public Hearing and make recommendation re: Ord. 2007-10
May 17,2007- Public Noticing in Orlando Sentinel of Public Hearing for lst Reading
Mav 29. 2007- 1st Reading of Small Scale Comprehensive Plan Amendment changing the Future
Land Use (Ordinance 2007-10)
June 7. 2007- Public Noticing in Orlando Sentinel of Public Hearing for 2"dReading
June 25. 2007- City Commission Public Hearing for 2"d Reading and Adoption.
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, FL 32708
Owner(s) - Timothy D. & Hope R. Montgomery
Location - 201 Cress Run (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" (up to 1 unit per gross acre) with "Conservation Overlay" (on those affected areas). A
Conservation Overlay already exists on the property under Seminole County.
Parcel # -
03-21-31-300-0040-0000
Legal Description - LEG SEe 03 TWP 21S RGE 31E E 245 FT OF S 385.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW
1/4 OF NW 1/4 (LESS S 100 FT & RD)
Total Acreage - 1.6 gross acres (more or less)
Chronology of Subiect Property - The subject property was purchased by Tim & Hope
Montgomery in December 2003, from Donald Weaver.
Existing Land Uses - The property is the site of Eagle Bay Wood Products. Four (4) buildings
were constructed on the parcel during 1972 to 1991.
Eagle Bay Wood Products manufactures solid hardwood cabinet doors and drawers as well as cabinet
doors in thermo foil / RTF. Their product is marketed nationwide for wholesales sales and
distribution through a web-site. Eagle Bay Wood Products does not include retail sales or
installation, and no retail traffic is currently generated. Currently, Eagle Bay employs six (6)
June 25, 2007
City Commission Public Hearing Item 502
Page 3 of 8
employees including the two owners. Traffic is limited to shipment of product via one (1) UPS truck
and one (1) tractor/trailer truck per day.
In 2004, a fifteen (15) year Development Order was granted by City of Winter Springs to Tim &
Hope Montgomery for the operation of this business.
Development Trends - Due in part to development pressures in the area, Seminole County
sponsored a referendum in 2004, which established an UrbanlRural 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.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Sites Light Manufacturing, Distribution A-3 Agriculture Rural-3 (maximum of one
(SC) In Winter dwelling unit per 3 acres)
Springs (SC) in Winter Springs
North Light Manufacturing, Distribution A-3 (SC) Rural-3 (SC)
in Winter Springs in Winter Springs
.--..--.-...-.---.--.-.....-.--....-'...--'.."'"
South Mobile Home Residential A-3 (SC) Rural-3 (SC)
----.---.--..---...--.--...-.---.--..
East Agriculture A-3 (SC) Rural-3 (SC)
..........M._..........._....._................................ ,"_m
West Ornamental Nursery Stock Production & A-3 (SC) Rural-3 (SC)
Light Manufacturing, Distribution in Winter Springs in Winter Springs
(WS) Winter Springs; (SC) Seminole County;
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 - Request for additional information from the
property owner.
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 six and a half 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
June 25, 2007
City Commission Public Hearing Item 502
Page 4 of 8
Springs) "Rural Residential" (up to 1 unit per gross acre) with "Conservation Overlay" (on those
affected areas). The Future Land Use Element describes these designations as:
"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."
In addition, portions of the site as described hereafter are included in a Conservation Overlay. The
Future Land Use Element describes this designation as:
"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, then 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 Cress Run and DeLeon Street (a Minor Collector
Street), which connects to S.R. 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.
June 25, 2007
City Commission Public Hearing Item 502
Page 5 of 8
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.
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 Surroundine 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 intensive of the
City's future land use categories and adjacent properties to the west and north are also being
considered, concurrently with this property, for the same future land use change.
Natural Resources Compatibilitv-
The property has been significantly impacted by development. A minor amount of vegetation exists
along the Sweetwater Creek ditch, perhaps in the DeLeon Street right-of-way.
FLOOD PRONE AREAS
The Solary Canal flows north on the west side of DeLeon Street. This drainageway and the land
immediately around it are indicated on FEMA maps as floodways and flood plains. However, the
Canal is deeply channeled and staff is unaware of any flooding. Current City code does not allow
construction any structures 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. The site does not have an on-site stormwater collection system.
SOILS
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. Generally to overCome wetness, a water
control system is needed to provide for subsurface drainage and to remove excess surface water, and
June 25, 2007
City Commission Public Hearing Item 502
Page 6 of 8
fill material is required to make the site suitable for urban purposes. It can be assumed that some fill
material would have been placed on-site prior to its initial development.
HISTORIC RESOURCES
None identified.
WILDLIFE
N one identified.
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 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 one
home to replace the existing commercial/light industrial use.
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 not have any effect on the permitted use of the property as Eagle Bay
Wood Products as described under the General Use Permit approved by the City Commission on
November 22,2004 and recorded with the County Clerk in Seminole County on April 14, 2005.
(2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities;
The replacement of the light industrial use with future residential 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;
June 25, 2007
City Commission Public Hearing Item 502
Page 7 of 8
The proposed amendment allows the continued use of the site for Eagle Bay Wood Products. and
identifies areas that may be environmentally sensitive with the designation of "Conservation
Overlay". Any future development will be subject to FDEP and SJRWMD regulations.
(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-19.00l, 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 2000 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 9J-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 2007-10, with a vote of 4-0.
A copy of the unapproved minutes are attached as Attachment 'B'.
June 25, 2007
City Commission Public Hearing Item 502
Page 8 of 8
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for 2nd Reading and Adoption of
Ordinance 2007-10, a Small Scale Comprehensive Plan Amendment changing the Future Land Use
Map designation of one (1) parcel, containing 1.6 acres, more or less, located at 201 Cress Run from
(Seminole County) "Rural-3" to (City of Winter Springs) "Rural Residential" (up to 1 unit per gross
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, April 2007
E- Ordinance 2007-10 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
G4 Orlando !iendoel
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H4. OriaDdo SeatlDel
Sf THURSDAY, JUNE 7, 2007
NOTICE OF CHANGES TO THE
COMPREHENSIVE PLAN
AND ZONING MAP
CITY OF WINTER SPRINGS
Nona IS HEREBY GII'(N THAT THE OTT CDMM~SIDN Df
THE OTY Df WINTER SPRINGS PRDPOSES TD ADDPT,
Whafs Happening
From IN'. H3
arrive 10-15 minutes early for
.-egl.tntion. $5 per class. 407-
~921.
Reverse mortgage pro-
gram: 11 I.m. Fridayr; Markl
Street Senior Recreation Com.
plex, 99 E. Marko St., Orlando.
11\e Senior Education F ounda.
lion will present intormation
about the FHA,.in.sured reverse
mortgap program that allows
senion to access equity in their
bom. without mak:in& any
mortgage payments. Reserva,-
CDndnuM on H.
day<; ~ Mary Activity Cen-
ter, 9U W&lIaoe Court. Free.
407~1466.
Yap: 9:30-10:45 a.m. Tues-
days and 5:45-7 p.m, Thurs-
days; Marks Street Senior Reo.
creation Complex, 99 E, MArks
St., Orlando. The classes are
desiiMd to integnle the body,
mind and spirit through aware-
ness and movement. AD levels
welcoOU!. New students should
GENERAL DENTISTRY
mrAl CL.EANlNG '70
IlEWXf IlE/ffi.OE iUl
~Pl.ETEOI'j1l00R '680
CRCM'NIBAlOOE(ptf1ri)
~~WJN TO MAErA!. 1645
SIMPlE EXTRACTION
~~I~ ROOT) '110
SUPERK>R DENTURE (EA.)
~~lErE051tOOft '780
DRDINANCE NO. 2007.04
AN DRDINANCE Df THE OTY COMMlSSIDN DfTHE OTY Of WINTfR SPRINGS, fLORIDA, ADOPTING A SMAll SCAlE
fUTURE LlHD USE MAP AMENDMENT BY CHANGING THE fUTURE LlHO. USE MAP DESIGNATION Df THE lEAL
PROPERTY CONSTITUTING A PARal TOTAliNG U ACRES MORE OR LESS GENERAllY LOCATfD ALONG WEST STATf
ROAD 434 IN WINTfR SPRINGS, fLORlDA, MORE PARTlCUURlY DEPICTEO AND LfGAW DESooBED ON EXHIBIT
'/( ATTACHED NERETD, fROM SEMlNDlE CDUNTY 'RURAl-3" TO OTT Of WINTER SPRINGS 'CONSERVATION' AND
'COMMEROAl' WITH 'CONSERVATION OI'(RUY' (ON THOSE AffEmD AREASI AS DEPICTEO DN EXHIBIT 'r,
PROVIDING fOR THE REPEAL Of PRIOR INCDNSISTENT OROINANaS AND RESOLUTlDN~ SfYERABILlJ'(
INCORPORATlDN INTO THE COMPREHENSIVE PUN, AND AN EffECT11'( DATf.ISMMAl' ~~... SiI. '1', lot IocoHooI
ORDINANC! NO. 2007.05
AN ORDINANCE Of THE OTY COMMISSION Df THE OTY Df W1NTfR SPRING~ FLORIDA, CHANGING THEIONlNG
MAP DESIGNATION Of THE REAl PRDPERTY CONSTITUTING A PARaL TOTWNG LI ACRES MORE DILfSS,
GENERAu.v LDCATED ALDNG WEST STATE ROAD 434 IN WINTER SPRINGS, fUlRlDA, AND LEGAlLY DESooBED ON
UHIBIT 'A' ATTACHED HERETD; fROM SEMINDLE COUNTY 'A-3'TO OTT Of WINTER SPRINGS 'C-l NEIGHBORHOOD
CDMMlRCIAl', PROVIDING fOR THE REPEAl Of PRIOR INCONSISTENT DRDINANCES AND RESOlUTIDNS,
SEVERABlLlJ'( AND AN EffECTIVE DATE.ISII MAP b.low, Silt 'I', for locallon)
'THE GREATER MAlL
4~ ~:o~ DR. DEEP AGEE ;l~I~~:::'
CASSELBERRV (407)339-24421{447)33i-rr34 ~ ee
ORDINANCE NO. 2007...,
AN ORDINANCf Of THE aTY COMMISSION Of THE cm Df WINTEE SPRlNG~ S!MINOLE COUIlIl FLIlRIIl4,
ADOPTING A SMAlL SCALE COMPREHENSII'( PlAN AMENOMENT BY CHANGING THE fUTURf lAND USE MAl'
DESIGNATION Of THE REAl PROPERTY CONSTITUTING ONE (I) PARCEl TOTALING 4.32 ACRES, MOil OR LESS, AND
LOCATED AT 1740 DELEON STREET IN WINTER SPRINGS, flORIDA, AND MORE PARTICUUlLY DEPICTED AND
lEGAUY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETD, fRDM SEMINDLE CDUNTY 'RURAl..' TO CITY Of W1NTfR
SPRINGS 'RURAl RESIDENTIAl' WITH 'CDNSERVATIDN OVERUY' (DN THDSE AffeCTED AREAS!; PROVIDING fDR .
THE REPEAl Of PRlDR INCONSISTfNT ORDINANCES AND RESOLUTIONS, SEVlWIUJ'( INCDRPORATlON INTO THE .
CDMPREHENSIVE PLlH. AND AN EffECTIVE DATE. Is.. MAP b.~w, SII. 'r, lor 1oca1io.1
Models Include:
, Wide Inward-opening Door' Anti-slip Floor & Anti-slip High Seat
'168 Jets 01 Heated Hydrotherapy Helps Circulation, Stiffness & Pain
. Therapeutic & Relaxing Deep Soak' Foot & leg Massager' Bidet
. Handheld & Wall Mount Shower Head' Many ModBls, Sizes & Colors for ANY
Problem, AJf'I Space, Any Decor' lifetime Guarantee: Will NEVER leak' Installation
Available in All 50 States' FDA & ADA: May be Tax Deductible & Sales Tax Free.
..~'\. For Details & Live Operator 24/7
__adllDt UvlDa USA .. _C,!l!...NO!I.J2!I.~.!.._ I
OlDINANCI ND. 2007.15
AN ORDINANCE Df THE cm COMMISSIDN Df THE OTT Df WINTfR SPRING~ fLORIDA, CHANGING THE IDNING
MAP DESIGNATION Df THE REAl PEOPERTY CDNSTITUTING DN! (1) PARm TOTAUNG 4J2 ACRES, MDRE DR lfS~
AND LOCATfD AT 1740 DElEDN. STREET IN WINTER SPRINGS, fLDRlDA, AND MDRE PARTlCUUlLY DEPlCTfD AND
LEGAllY DESCRIBED DN. EXHIBIT 'A' ATTACHED HERETO, fROM SEMINOLE COUNTY 'A.a'TD OTT Of WINTfR
SPRINGS 'R-Cl SINGLE fAMILY DWELLING', PROVIDING fOR THE REPEAL Of PRIDR INCONSISTENT ORDINANCES
AND RESOLUTIONS, SEVERABILlT( AND AN EffECTIVE DATt (SOl MAl' btl.w, Silt ",Ior 1.""1on1
ORlllNANa NO. 2007-10
AN DRDINANCE Of THE OTYCDMMISSION O~THE cm Of WINTfR SPRlNG~ fLORIDA, ADOPTlHG A SMAlL SCAlI
COMl'ilHENSlI'( PLlH AMENDMENT BY CHANGING THE fUTURE UNO USE MAP DESIGNATION Df THE REAl
PROPERTY CONSTITUTING DNE 11) PARCEL TOTAUNG 1.6ACRES, MOil OR lESS, AND UlCATfO AT 201 CRESS RUN
IN WINTfR SPRINGS, fLDRlDA, AND MDRE PARTlCUURlY OEPICTED AND lfGAUV DESooBED ON EXHIBIT 'A'
ATTACHED NERETO, fRDM SEMINOLE COUNTY 'RURAL..' TO OTT Of WINTER SPRINGS 'RURAl RESlDENTW,'WITH
'CONSERVATION DVERUf (DN THOSE AffeCTED AREASI, PRDVIDlNG fUR TNf I1Pf.lL Of PRIOR INCOIlSISTBIT
ORDIIWICfS AND IESOLIITIONS, SEVERAIIllITt INCORPDRATlDN INTO THE COMPilHENSl1'( PLlH, AND AN
EffECTIVE DATf.(s.. MAP bo~w, Silt '3", lor Io<olionl
ORDINANCE NO. 3007..'
AN ORDINANCE Df THE cm COMMISSIDN Of THE em Of WINTfR SPRINGS, fLORlDA, CHANGING THElONING
MAP DESIGNATION Of THE lEAL PROPERTY CONSTITUTING ONE (I) PAlm TOTAUNG 1.6 ACIES, MDRf OR lESS.
AND lOCATfD AT !ill CRESS RUN IN WINTER SPRINGS, flORIDA, AND MOIf PARTICUlARLY DfI'ltTED AND
lEGAlLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO; noM'SEMINDLE COUNTY 'A..' TO on Of WlNTfR
SPRINGS 'R-Cl SINGLE-fAMILY DWELLING', PROVIDING fOR THE REPEAl Of PRIOR INCDNSISTENT 0RIlUWIClS
AND RESOLUTIDNS, SEVERABllIT( AND AN EffECTIVE DATE. (s.. MAP bilow, SII. '3', for Iocat~nl
PUBLIC HEARINGS
fOR SECDND READING I ADOI'TIDN
WILL BE HUD ON
MONDA~ JUNE 25,3007 AT 5.15 eM.
OR SOON THERfAml IN THE COMMISSION CHAIlIBEIS lOCATlD AT THE WlNTEI SPRINGS an HAU.
112' EAST STATE ROAD 434
WINTER SPIINGS, fLOIlDA
The proposed ordinantlS may be obtained bylnllflSttd por1ilSbttwltn 8 a.m.and S p.m., Mondor thrvugh Friday/III
lhe a~', Clerk', Offilt, ~lGI.d al112! E. SR 434, Wln,"Sprinss, Rond.. for ,",II ..fo",ailon. ltU(401) 327-1100
#'l27. Persons with disabilities ANding assistontl: IG partlcipall in anr of thll5l-procttdinas should COIItad ""
Elllplo," Rt'ol~Ol O'portm.nI Coordinotor, 48 hOUr! in od"'<I of !h. "'''iog ot (447) 327-IBOO, #236. Thill....
public blGriftGLlnI,...stld parties or. advised Ifta. lh" mar opplor olth, mutin; and i. heard wilft rtsptd II 1M
proposed OfdincllulS.lf you dkid, fa appeal onr rlcomm,ndalion (If decision mad. by" Ory Commission "" mpId
to Gay maner considered at tiis milling, yau wiD nNd 0 rlalrd or the prOClldinp, and for sum purposes, pH mar
nlld to .lIsun thai a vtrbGtim ,.cord of lh, protlNings is mod. upon whkh lh, apptGlls baSiC.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MA Y 2, 2007
PAGE 11 OF 13
VOTE:
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
PUBLIC HEARINGS
505. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2007-10, A Small Scale Comprehensive Plan Amendment, Which Changes The
Future Land Use Map Designation Of One (1) Parcel Containing 1.6 Acres, More
Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From
(Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs)
"Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay"
(On Those Affected Areas).
Ms. Sahlstrom introduced this Agenda Item and said, "We evaluated the Request which
is City initiated at the direction of the City Commission and we found that it met the nine
(9) Criteria which are in your Staff Report under the Findings and Staff does recommend
that you, the Local Planning Agency hold a Public Hearing and recommend Approval for
Ordinance 2007-10 which is also a Small Scale Comprehensive Plan Amendment and
that means that it can go for First and Second Reading during a faster time period, so we
anticipate that that could occur going forward on May 29th [2007] for the First Readin~
and then followed up with the possible Second Reading and Adoption on June 2St
[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.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM '505' AS
WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER.
SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION.
VOTE:
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
MOTION CARRIED.
ATTACHMENT E
ORDINANCE NO. 2007-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE COMPREHENSWE PLAN AMENDMENT BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1)
PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND
LOCATED AT 201 CRESS RUN IN WINTER SPRINGS,
FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
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
163.3187(1)(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 pmiies 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
hem'ing 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
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2007-10
Page 1 of 3
~"
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 Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, con'ect, update, modify and otherwise further the provisions of the 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 Depaltment 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 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
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
City of Winter Springs
Ordinance No. 2007-10
Page 2 of 3
~,.
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. 2007-10
Page 3 of 3
::~_...,."
EXH 181T A
Ordinance 2007-10
RESS
" I
~"'\. '
\
S.
I,
\
Parcel # & LeClal Description:
03-21-31-300-0040-0000 LEG SEe 03 TWP 21S RGE 31E E 245 FT OF S 385.75 FT OF S 2/3 OF
N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT & RD)
ORDINANCE NO. 2007-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, 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 1.6 ACRES, MORE OR LESS, AND
LOCATED AT 201 CRESS RUN IN WINTER SPRINGS,
FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
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
163.3187(1)(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 ofthe 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
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2007-10
Page 1 of 3
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 Regulations 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 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
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
City of Winter Springs
Ordinance No. 2007-10
Page 2 of 3
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 25th day of June ,2007.
1/~
legal form and sufficiency for
er 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. 2007-10
Page 3 of 3
~
EXHIBIT A
Ordinance 2007-10
ST.
Site
Parcel # & Leaal Description:
03-21-31-300-0040-0000 LEG SEe 03 TWP 21S RGE 31E E 245 FT OF S 385.75 FT OF S 2/3 OF
N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT & RD)