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Home My WebLink About2000 05 22 Public Hearings C First Reading - Ordinance 2000-18 Establishing the Town Center COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular May 22, 2000 Meeting Mgr, / Authorizati n REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2000-18 amending the large scale comprehensive plan amendment (LG-CP A-I-99) establishing the Town Center. PURPOSE: Ordinance 2000-18 is intended to amend Ordinance 2000-10 adopting the Town Center large scale comprehensive plan amendment (LG-CP A-I-99) that created a Future Land Use Map designation "Town Center" and added goal, objectives, and policies to the text of the Land Use Element of the City's Comprehensive Plan (Volume 2 of2). This amendment to the plan amendment would add 29 acres of the L.D. Plante Property on the west side of Tuskawilla Road to the Town Center District. APPLICABLE LAW AND PUBLIC POLICY: The provisions of9J-l1.0l1(S)(a) F.A.c. which states: "A listing of additional changes made in the adopted plan or amendment which were not previously reviewed by the Department. This listing shall include the identification of the specific portions that were changed with reference to appropriate pages, If possible, new text in the plan should be underlined and items deleted should be struck through." CDD/May 12, 2000/4:03 PM MAY 22, 2000 PUBLIC HEARING AGENDA ITEM C Page 2 CONSIDERA TIONS: . The Florida Department of Community Affairs (DCA) has issued its ORC Report (see attached) and has complimented the City noting: "The effort put into the proposed Town Center is evident, and once developed should provide the City with an attractive focal point," Only two (2) technical issues with the proposed Town Center land use designation were raised by DCA. . The City Commission adopted the Town Center large scale comprehensive plan amendment (LG-CP A-1-99) on April 24, 2000, . CHC Development, Inc., the contract purchaser, has requested that the 29 acres, located on the west side of Tuskawilla Road adjacent on the south side of the Town Center District become part of the Town Center District. . CHC Development, Inc., the contract purchaser, understands the desire of the City to develop the new Town Center in the "neo-traditional" approach to town center planning, They have agreed to develop the the 29 acres consistent with this approach. . City staff recommends that the City Commission view favorably the request by CHC Development, Inc. to include the 29 acres in the new Town Center District. FISCAL IMPACT: None FINDINGS: . The Florida Department of Community Affairs (DCA) has issued its ORC Report (see attached) and has complimented the City noting: "The effort put into the proposed Town Center is evident, and once developed should provide the City with an attractive focal point." Only two (2) technical issues with the proposed Town Center land use designation were raised by DCA. . The City Commission adopted the Town Center large scale comprehensive plan amendment (LG-CPA-1-99) on April 24, 2000. CDD/May 12,2000/4:03 PM MAY 22, 2000 PUBLIC HEARING AGENDA ITEM C Page 3 . CRC Development, Inc" the contract purchaser, has requested that its 29 acres, located on the west side of Tuskawilla Road adjacent on the south side of the Town Center District become part of the Town Center District. . CRC Development, Inc., the contract purchaser, understands the desire of the City to develop the new Town Center in the "neo-traditional" approach to town center planning. They have agreed to develop the the 29 acres consistent with this approach. . City staff recommends that the City Commission view favorably the request by CRC Development, Inc, to include the 29 acres in the new Town Center District. LOCAL PLANNING AGENCY RECOMMENDATION: NOTE: The Local Planning Agency will meet on Wednesday, May 17,2000 to make a recommendation to the Commission ofCHC Development, Inc.'s request to have the 29 acres included in the new Town Center District. STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for first reading and consideration of Ordinance 2000-18 to amend the Town Center large scale comprehensive plan amendment (LG-CP A-I-99). IMPLEMENTATION SCHEDULE: Ordinance 2000-18 amending the T own Center large scale comprehensive plan amendment would take effect on the date a final order is issued by the Florida Department of Community Affairs, or the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments 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, COD/May 12,2000/4:03 PM MAY 22, 2000 PUBLIC HEARING AGENDA ITEM C Page 4 ATTACHMENTS: A. Ordinance 2000-18, B. Map of Land Proposed to be Added to the Town Center District. C, Letter to Charles Carrington, AICP dated February 23, 2000 from Carl Cahill. D, Notice in the Orlando Sentinel. E. Letter from L. D. Plante authorizing inclusion of the property in the Town Center. COMMISSION ACTION: CDD/May 12, 2000/4:44 PM ATTACHMENT A -\ , .- ORDINANCE NO. 2000-18 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING ORDINANCE 2000-10 TO ADD APPROXIMATELY 29 ACRES OF THE L.D.PLANTE PROPERTY, LOCA TED ON THE WEST SIDE OF TUSKA WILLA ROAD, INTO THE TOWN CENTER DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS, Section 163,3167(11) Florida Statutes, encourages local governments to articulate a vision of the future physical appearances and qualities of its community, and WHEREAS, 9J-l1,OII Florida Administrative Code allows for additional changes made in the adopted plan or amendment which were not previously reviewed by the Department (Florida Department of Community Affairs). WHEREAS, the Local Planning Agency of the City of Winter springs held a duly noticed public hearing on May 17,2000, in accordance with the procedures in Chapter 163, Part II Florida Statutes, on Ordinance 2000-18 that amends Ordinance 2000-10, which established the Town Center District boundaries, and added goal, objectives and policies to the Land Use Element of the City of Winter Springs Comprehensive Plan (Volume 2 of2). This amendment adds approximately 29 acres to the Town Center. WHEREAS, the Local Planning Agency of Winter Springs, at its May 17, 2000 meeting, has recommended that the City Commission add the approximately 29 acres of the L.D. Plante Property on the west side of Tuskawilla Road to the Town Center District, and more particularly described in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. herein by this reference, The foregoing recitals are true and correct and are fully incorporated Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184 and 163,3187, Florida Statutes. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to amend Ordinance 2000-10 to add 29 acres, as described in Exhibit "A" into the Town Center District. City of Winter Springs Ordinance No.2000-18 1 :/ Section 4. Adoption of Map Amendment to Comprehensive Plan, The City of Winter Springs' Comprehensive Plan, Future land Use Element, shall hereby be amended to include the 29 acres described in Exhibit "A" of this Ordinance into the Town Center District. Section 5, 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" as part of the "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Any real property with a conservation future land use designation depicted on the City or County Future Land Use Map on the effective date of this Ordinance shall maintain its "Conservation" designation. Section 6, Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting this amendment to the adopted Comprehensive Plan Amendment (LG-CP A-I-99; DCA 00-1) to the Florida Department of Community Affairs, in accordance with section 163,3187(1)(c)(4), Florida Statutes, and section 91- 11, Florida Administrative Code. Section 7, Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 8, 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 9, Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by Ordinance 2000-10, said Amendments 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 10, Effective Date and Legal Status of the Plan Amendments. The effective date of the amendment to the Comprehensive Plan Amendment (LG-CP A-] -99) adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the Administration Commission finding the Amendment in compliance with section 163,3]84, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective, If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments 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. City of Winter Springs Ordinance No,2000-18 2 of ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24 day of April, 2000. Paul P. Partyka, 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 Transmittal Hearing: January 4, 2000 Adoption Hearing: April 24, 2000 City of Winter Springs Ordinance No.2000-18 3 7 EXHIBIT "A" METES AND BOUNDS DESCRIPTION: (WRITTEN BY SURVEYOR) BEGIN AT THE SOUTHWEST CORNER OF LOT 63, -TUSKAWILLA', D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA A~D RUN S 87"02'05-E ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF THE CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE SOUTHERLY LINE OF SAID -TUSKAWILLA'. 1145.76 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY MAP OF TUSKAWILLA ROAD PHASE IV. SAID POINT LYING ON A 'CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5677.58 FEET. A CHORO OF 291.14 FEET. AND A CHORO BEARING OF N 11"49'43'E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE AN~ RIGHT-OF-WAY LINE. 291.18 FEET THROUGH A CENTRAL ANGLE OF 2"56'18- TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5781,58 FEET. A CHORD OF 147,77 FEET, AND A CHORD BEARING OF N I '"05'33-E: THENCE RUN NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND CURVE, 147.77 FEET: THENCE DEPARTING SAID CURVE ANO RIGHT-OF-WAY LINE RUN N 00"08'13-E, 51.09 FEET: THENCE RUN N 30"24'55-W, 60,00 FEET: THENCE RUN N 45"30'24-W, 146.05 FEE'T: THENCE RUN S 77.09' IS'W, 36.88 FEET: THENCE RUN S 21.01 'OO-W, 60,84 FEET: THENCE RUN S 13"37'33-W. 72.97 FEET: THENCE RUN N 52"28'S5-W, 52.37 FEET: THENCE RUN S 5S"28'46-W, 62.62 FEET: THENCE RUN S 60.28'2S-W. 40.33 FEET: THENCE RUN S 79".38' 15'W. 80,50 FEET: THENCE RUN S 15.02's8-E. 70,34 FEET: THENCE RUN N 82.34'46-W, 106.99 FEET: THENCE RUN N 82.47'09'w, 95,32 FEET: THENCE RUN S 71.44'19-W., 62.82 FEET: THENCE RUN N 82"23'13-w, 166,51 FEET: THENCE RUN N 8rI4'19~W. 194,43 FEET: THENCE RUN N 27"29'3rE, 69.65 FEET: THENCE RUN N 21.50'46-W. 60.65 FEET: THENCE RUN N 76.22'07-W. 61'.47 FEET: THENCE RUN S 63.,7'04'W. 40.69 FEET: THENCE RUN N 02.57'5s-E, 185,18 FEET: THENCE RUN S 87.02'04-E. 966.05 FEET: THENCE RUN S 4s.30'23'E. 213.45 FEET TO A POINT ON A ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SAID SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY MAP OF TUSKAWILLAROAD PHASE IV. SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 5781.58 FEET. A CHORD OF 131,69 FEET. AND A CHORD BEARING OF N 13.29'48-E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE AND RIGHT.OF-WAY L!NE. 131,69 FEET THROUGH A CENTRAL ANGLE OF '.18' 18' TO THE POINT OF TANGENCY: THENCE RUN N 14.08'sS'E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 239,54 FEET TO A POINT ON THE SOUTHERL~ LINE OF LOT 37 OF SAID 'TUSKAWILLA-: THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE RUN S 87.02'06-E ALONG THE NORTHERLY LINES OF SAID LOT 37 AND LOT 40 OF SAID -TUSKAWILLA' AND WESTERLY EXTENSION THEREOF. 328.16 FEET TO A POINT ON THE CENTERLINE OF THAT CERTAIN RIGHT-OF-WAY LYING BETWEEN LOTS 24 AND 25 ON THE NORTH, AND LOTS 58 AND 55 ON THE SOUTH OF SAID -TUSKAWILLA-, VACATED IN OFFICIAL RECORDS BOOK 1050, PAGE 401 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA: THENCE RUN N 03.38'32'E ALONG SAID CENTERLINE. 480.02 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID LOT 25: THENCE DEPARTING SAID CENTERLINE. RUN N 87.02"07'E ALONG THE SOUTHER~Y RIGHT-OF-WAY LINE OF THAT CERTAIN RIGHT.OF-WAY LYING BETWEEN LOTS 2 AND 17 ON THE EAST AND LOTS 15 AND 32 ON THE WEST OF SAID 'TUSKAWILLA', 930,34 FEET TO THE NORTHWEST CORNER OF SAID LOT 32: THENCE RUN S 03.37'4I'W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE WESTERLY BOUNDARY LINE OF SAID 'TUSKAWILLA-, 1380.05 FEET TO THE POINT OF BEGINNING: CONTAINING 1292227,16 SQUARE FEET (29.6655 ACRES) , ~ }. TOWN CENTER A. TowlI CClltcc Dislrict I>ollllclal'Y l\1;tp " ., .4 Dis{rict Boundary - - CouIHY Enclaves (not in city) , - i - - ..' -:.. - - -- ~ Q-{- e J eJ' ~p \ ' "-- '\ \.," I LAND PI{OPOS(I:D TO BE ADDED TO TO\VN CENTEI{ DISTIUCT ATTACHMENT B. TOWN CENTER A. Town CClIlcl' District l3olll\dal'Y Map .. ,. ~4 District 80undary - - County Enclaves (not in city) .- ---- -- i ,'.>-.. ;':' . :.:. ~~ .c Q-{- <? J <?J' ~/> \ , '-- "- "I- I LAND PROPOS1~D TO Bl~ AD1)[~D TO TO\VN CENTER D1STIUCT ATTACHMENT C , ~ C:::~I-t I LL ENTEI<PRISES, I NC_ CHC DEVELOPMENT CO., INC. RECEIVED L'EB '1 iJ. <10-00 I _I t. ( r.. February 23,2000 CITY OF WINTER SPRINGS Community Oel/elopmeot Charles C. Carrington, AICP r<' "'HT'" S' . vlty- or vv mtcr pnngs 1126 E. State Road 434 Winter Springs, FL 32708-2799 Dear Mr. Carrington: CHC Development Co., Inc. is the contract purchaser of a 29::l:: acre parcel known as the L.D. Plante parcel located on the west side of Tuskawilla Road (see attached Legal Description). The property is presently in Seminole County; however, on February 4,2000 we filed an application for annexationinto the City of Winter Springs. The property is adjacent to the boundary line of the Town Center District and we; hereby, request that this property be included in-the ToWn Center District at the time of annexation or at the earliest appropriate time thereafter. Please advise what steps are necessary for us to take at this time. Sincerely, CHC:pf Copy: Ronald W. McLemore, City Manager, City of Winter Springs Thomas J. Grimms, AICP, Comprehensive Planning/Zoning Coordinator, City of Winter Springs 131 Park Lake St, - Orlando. FL 32803 - (407) 422-5456' FAX: 841-1623 ATTACHMENT D NOTICE':OFLAN])'-USE:'~~N(;E:TO T~" " COMPREHENSIVE PLAN, ."" . . . '. . j., .'. . . ., ':'" AMENDMENT OF THE TOWN CENTER DISTRIC.X.' BOUNbARY , . ' . '." .'. '.~ ~: . .' : . ~.)/:. ....;. ,hi:." ':~.; .'. . . .' , , ..l~~:I::( '-.!,;.~., ;.,!~~. . j~:~~} , No.TICE IS ,HEREBY GIVEN THAT THE LOCAL fLANNNG AGENCY O,F",THE:CIt.y OF WINTER SPRINGS WILL HOLD A PUBLic HEARING 0.NA PROPOSED'~!'ID: 'MENT TO ORDINANCE 2000-10, ADOnED ON APRIL 24, 2000, WHICH ADDED GOALS', OBJECTIVES, AND ,POLICIES RELATING TO THE CREATION OF THE TOWN CENTER AND PROVIDING' FOR tHE AMENDMENT OF THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN'REAL PROPERTY LOCATED GENERALLY - '. A'tAJiID AROUNr) THEINTE'RSECTION':OETIrSKAWllifrA:ROADAND(STATE,RO.w; ,434 AND LEGALLY DESCRIBED ,As:~i'fHE"i..yOWN:CENTER";;~ Tifu'::;PROPOSEP' . I ..' ",'" _"'_ . ,.'.' . AMENDMENT TOORDINANCE'2000-1O WOuLD APD'b-PPROXIMATELY 29 ACRES ,rOTHE TOWN CENTER. THE: SUBJECT LANp IS PROPo.SED -rOBE DESIGNATED "TOWN <;:ENTER" ON THE CITY'S FUTURE, LAND USE MAP," A. .('0",",1\ Cell!!:,':' pistrict Doullc1ary l\1a'p , . ~. Oistrlct, C:lo..j"~.ry . . . -- - Coun~y ~n.c'''vcs (not in ci,y) . "'.,/ ~ "'<.- .0 LAND PROPOSED TO DE ADDED TO TOWN CENTER D,ISTRICT A PUBLIC HEARlNG ON THE PROPOSED AMENDMENT TO. ORDINANCE 2000-10 AMENDING THE TOWN CENTER LARGE SCALE COMPREHENSIVE PLAN AMEND" MENT WILL BE HELD ON WEDNESDAY, MAY 17,2000, AT 7:00 P,M. THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAM~ BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA, INTERSTED PERSONS MAY ATTEND AND BE HEARD, ' . ADDITIONAL INFORMATION PERTAINING 'TO THE ABOVE MAY BE OBTAINED' FROM THOMAS GRIMMS, AICP AT THE COMMUNITY DEVELOPMENT DEPART- 'MENT - PLANNING DIVISION,.AT CiTY HALL, .1126 EAST STATE ROAD 434, WlN- TERSPRlNGS, FLORII?A. FOR MORE iNFORMATION CALL 327-1800 #303. ... , , PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN Al'-iy OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDI~ NNroR 48 HOURS IN ADVANCE OF THE MEETING AT (407))27,1800 #236. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOM. MENDATION MADE BY THE LOCAL PLANNING AGENCY WITH RESPECT TO ANY MAT: TER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEED; INGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE'THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. : ~- & , " D~A L'~~-LU~,C~S c;rrv ~LE~ ' ';"',.',,," i ~ ? ~~ I ATTACHMENT E !:',.; -" . " .... . in , ll).P'-::-Z::::~ lJl :.: i FH F?O'Hl.t;r.:I:C: , 5:: :,:~, ~ :' t? 1[, .:.~.;. -~'~i. ~: ~,t "''-'" ~ , '.-. . -.~ I ~ ~ i.;:. :':: ::. ! . ~. . ..:-::.; {.: i-~D3 P,GGllOQl J~~j };_ 2 :r:~. ':.~'. :.., ~. ':"'; ,t;. . . ,.:_ :.0', ~!.'" .;': p, 0, Box L; : : f All:l,1.l1Ql1[C Spl~!igS, Fi.. ::,'?7 !S-\ 11 'i February 3, 2000 City Of Winter Springs To whom it lllaY concern: . .:: \.J. eRe Development has my authorizatiO'Q to ~itior. for ~~lUC-^Cltion into Winter Springs. Sincerely. .~ OCA'L f:Jk.J:- , . " i DOl~ Plante ) f - i~: