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HomeMy WebLinkAbout2007 09 10 Public Hearing 504 Ordinance 2006-06 Large Scale Comprehensive Plan Amendment CITY COMMISSION ITEM 504 Consent Information Public Hearin Re ular ~r.~ x September 10,2007 Meeting REQUEST: The Community Development Department - Planning Division requests that the requests the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2007-06, a Large Scale Comprehensive Plan Amendment, which changes the Future Land Use Map designation of two (2) parcels containing 28.9 gross acres, more or less, located at 1900 DeLeon Street (the southwest comer of DeLeon St. and Howard Av.) from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas). PURPOSE: The St. Johns River Water Management District (SJRWMD) is requesting a Large Scale Future Land Use Map (FLUM) Amendment, to change the FLUM designation for their property located on the west side of DeLeon Street, at 1900 DeLeon Street, from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Public/Semi-Public" 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 Sprint?:s Charter Section 4.15 Ordinances in General. Winter Sprint?: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, September 10, 2007 City Commission Public Hearing Item 504 Page 2 of8 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 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 SJRWMD property within the urban service area. Feb. 7,2007- Application received for Large Scale FLUM Amendment April 11, 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 (LP A) heard the request and made recommendation of Adoption May 17.2007- Public Noticing in Orlando Sentinel of Public Hearing for 1 sl Reading May 29,2007- Transmittal Hearing for Large Scale Comprehensive Plan Future Land Use Map Amendment (Ordinance 2007-06) Aug:. 22, 2007- Receipt ofORC Report from Florida DCA. Sept. 2. 2007- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption CONSIDERATIONS: Applicant - St. Johns River Water Management District (SJRWMD); c/o/ Peter Brown; P.O. Box 1429; Palatka, FL 32178-1429; (386) 329-4311 Owner( s) - Location - St. Johns River Water Management District (SJRWMD) 1900 DeLeon Street (south west comer of DeLeon and Howard) Site Information - The subject property currently has a (Seminole County) "Rural-3" Future Land Use and are being considered for this Future Land Use change to (City of Winter Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas). A Conservation Overlay already exists on the property under Seminole County. Parcel #s & Legal Descriptions- 03-21-31-300-0080-0000: SEC 03 TWP 21 S RGE 31E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT & S 564.64 FT OF W 659.60 FT & RDS) 03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW 1/4 Total Acreage - 28.9 gross acres more or less Chronology of Subiect Property - The subject property was purchased by the SJRWMD in January 2005, from William Thomas Minter, who owned the property when it was annexed into the City. September 10, 2007 City Commission Public Hearing Item 504 Page 3 of 8 Existing Land Uses - The property is currently vacant, but was purchased by SJRWMD to develop a stormwater park to reduce nutrient loading to Lake Jesup and to reduce flooding in the area associated with the Solary Canal. This project is described under "Stormwater Management". Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Sites Generally Undeveloped A-3 Agriculture (SC) in Rural-3 (maximum of one Winter Springs dwelling unit per 3 acres) (SC) in Winter Springs North Generally Undeveloped A-3 (SC) Rural-3 (SC) -----"---"-----"_......_.__...._. South Ornamental Nursery A-3 (SC) Rural-3 (SC) Stock Production in WiI1te~~~p~____ in Winter Springs .----.---.--....-.......-..----.-...-..-- East Single Family Residential A-3 (SC) Rural-3 (SC) West Single Family Residential R-I (WS) Low Density Residential (WS) (WS) Winter Springs; (SC) Seminole County; Development Trends - This area of the County is experiencing intensive development pressure as evidenced by new development along SR 434 and Florida Avenue. For this reason, Seminole County sponsored a referendum, establishing an Urban/Rural Service Boundary as part of the County Charter in 2004. 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 map designation from Seminole County (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas) is compatible with adjacent land uses both in the County and in the City of Winter Springs. Letters/Phone Calls In Favor Or Opposition - None. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues, which staff analyzed III revlewIllg this application: Justification for Future Land Use Desi2nation- It is appropriate that the subject property which is owned by a governmental entity and which is intended for a governmental purpose, such as the stormwater park, receive a City of Winter Springs "Public/Semi-Public" future land use designation. The Future Land Use Element describes this designation as: "The Public/Semi-Public category consists of public facilities and private non-far-profit. This category includes all public structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police and fire stations, and government administration buildings. ..." September lO, 2007 City Commission Public Hearing Item 504 Page 4 of8 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. Public Facilities - ROADS/TRAFFIC CIRCULATION: A vailabilitv of Access: Access is to the property is currently available from DeLeon Street which connects to S.R. 434. Improvements/expansions needed as a result of proposed land use change As a stormwater park, the site is expected to generate no significant traffic; therefore, no improvements or expansions to adjacent transportation corridors are anticipated to be required. POTABLE WATER: The subject property is not currently served by the City of Winter Springs for potable water. Should future connection be required, a 12" service line extends on the north side of State Road 434 along the Barrington Estates frontage and a water line also extends from Westcott Loop and Wrentham Ct. through Barrington Estates to the west property line of the subject property, however, this line is not adequately sized to support connection. Future tie-in would need to connect at the 8" Westcott Loop/Wrentham Ct. water main or at S.R. 434. Available capacity exists to service the site. WASTEWATER Current uses within the area are served by private septic systems for wastewater services. It is not expected that the subject property would need City sewer service; however, it is currently available along State Road 434 and within Barrington Estates and available capacity exists. RECLAIMED WATER: Connection to existing reclaimed water lines is not applicable. 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 provides service to properties within Winter Springs. STORMW A TER MANAGEMENT: The property will be utilized for stormwater management by the SJRWMD. The project is referred to as the Solary Canal Project. The Solary Canal has a drainage area of about 1,639 acres which drains northward into Lake Jesup. The water quality in Lake Jesup has deteriorated for a number of reasons. September 10, 2007 City Commission Public Hearing Item 504 Page 5 of 8 SJRWMD is partnering with Seminole County to implement a water quality improvement project that will treat stormwater that is flowing through the Solary Canal. The project consists of a by-pass weir, stormwater treatment pool, and treatment wetlands for the water quality treatment and flood attenuation of the Solary Canal. ~...,..... bt.... ~. .'_~J l:::It:.<t,,' ...~.... ..t~~.- -~'fjOl" .. "' .. .. "'1 ..< .. .. !i~': The primary objective of this project is to develop a regional stormwater treatment area that will provide water quality treatment to runoff through the Solary Canal. The Solary Canal project will use September 10, 2007 City Commission Public Hearing Item 504 Page 6 of8 approximately 17 acres of the 28.9-acre site. One of the objectives outlined in the SJRWMD's Middle St. Johns River Basin Surface Water Improvement and Management Plan, is to improve the water quality in the Lake Jesup Basin through retrofit projects. The Solary Canal sub-basin is located almost entirely within the City of Oviedo, with the exception of the project parcel which is located within the City of Winter Springs, and the northern portion of the sub-basin adjacent to Lake Jesup. Currently, no treatment exists in the Solary Canal sub-basin. This regional stormwater facility will reduce flooding and provide for a water quality retrofit in an area of mixed residential land uses. Flood reduction benefits include the reduction of street and yard flooding and provide for a water quality retrofit in an area of mixed flooding and bank overtopping for the 25-year design storm event. RECREATION & OPEN SPACE: A portion of the site may be utilized as a passive recreational area in the future. However, no provision for recreation & open space is required. POLICE & FIRE: The subject property is not expected to generate any need for police or fire services. However, 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. 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 Surroundint! Land Uses- The change in designation from (Seminole County) "Rural-3" to (City of Winter Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas) and subsequent development of the property into a stormwater park will not result in any nuisance potential for the surrounding properties. The proposed use will allow for the retention of many of the mature oak trees on-site and will help to preserve the rural character of the adjacent Black Hammock area. Surrounding properties are generally used for agriculture or remain undeveloped. Natural Resources Compatibility - The subject property includes some environmentally senSItIve areas. These areas are generally included in the "Conservation Overlay" designation. On-site mitigation will be utilized to address wetland impacts to the extent possible. SO ILS The dominant soils on the subject property are Basinger/Delray fine sands and EauGallie and Immokalee Fine Sands. These soils are particularly sited for the proposed use. FLOOD PRONE AREAS Flood Plain Maps indicate that the area adjacent to the creek are within the flood plain. No structures will be placed within the flood plain. HISTORIC RESOURCES None known. 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. September 10, 2007 City Commission Public Hearing Item 504 Page 7 of 8 CONSISTENCY WITH THE COMPREHENSIVE PLAN The proposed amendment is consistent with the Winter Springs Comprehensive Plan and furthers the goals, objectives, and policies of the Comprehensive Plan, particularly the following: Infrastructure Element Infrastructure Element Goal IV-D: Provide a stormwater system of appropriate capacity to protect life and property of the citizens of Winter Springs, as well as decreasing adverse environmental impacts attributable to stormwater runoff. Infrastructure Element Goal IV-D-5: Intergovernmental Coordination. The City of Winter Springs shall educate citizens and coordinate with applicable jurisdictions to address stormwater issues of mutual concern and to provide adequate levels of service. Infrastructure Element Goal IV-D-5.4: The City will support the SJRWMD's Surface Water Improvement and Management (SWIM) program regulations with specific emphasis on Lake Jesup. Infrastructure Element Policy 1.2.7: Storm water. The City shall maintain stormwater management requirements in the Code of Ordinances which provide specific standards for the design of on-site stormwater systems, as well as strategies and measures to minimize runoff into Lake Jesup and other natural water bodies. Conservation Element Conservation Element Objective 3.0: Surface Water. The City shall protect surface water from all known and identifiable pollution sources. Intergovernmental Coordination Intergovernmental Element Policy 1.1.5: The City shall coordinate with the resource protection efforts of the SJRWMD for Lake Jesup and the City shall involve itself in the process for development of the Surface Water Improvement Management Plan or a similar plan. FINDINGS: (1) The Florida Department of Community Affairs did not raise any objections to the proposed amendment; (2) The proposed amendment has been properly noticed; (3) The Local Planning Agency on May 2, 2007, held a Public Hearing, considered the findings, and recommended Approval. (4) The proposed amendment does not diminish the city's budget, or the economy of the city or the region; and any impact to the economy of the region should be positive due to the public benefits associated with the improvement to water quality in the lake and the reduction of flooding in the area. (5) The proposed amendment does not reduce the level of service (LOS) of the City's public facilities; (6) The proposed amendment will have a positive impact on the environment and natural resources in the region dues to the improvement of water quality in the lake and the reduction of flooding in the area. SJR WMD is not aware of any historical resources located on the property, but the State indicates that this area of Lake Jesup uplands has at least a moderate possibility for archaeological resources and that a historic resource survey should be completed prior to development. (7) The proposed amendment is consistent with the goals, objectives, and policies of the State September 10, 2007 City Commission Public Hearing Item 504 Page 8 of8 Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no longer required as this rule was repealed; (8) The proposed amendment will not unduly burden public facilities; (9) The proposed amendment helps to maintain the adjacent rural character of the Black Hammock and is compatible with the adjacent land uses; (10) The proposed amendment is consistent with the City's Comprehensive Plan; (11) The proposed amendment does not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region. There will be a positive impact on the region due to the public benefits associated with improvement to water quality in the lake and the reduction of flooding in the area; and (12) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida Administrative Code. LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardlLPA on May 2, 2007, the Board / Agency recommended unanimous approval of Ordinance 2007-06, with a vote of 4-0. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2007-06, a Large Scale Comprehensive Plan Amendment, which changes the Future Land Use Map designation of two (2) parcels containing 28.9 gross acres, more or less, located at 1900 DeLeon Street, from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas). IMPLEMENTATION SCHEDULE: Sept. 10.2007- City Commission 2ND Reading/Adoption Hearing Sept 17.2007- Submittal to DCA for Compliance Review (within 10 days of adoption) The ordinance will become effective after 21 days of the issues of "Notice of Intent" by the Florida Department of Community Affairs to find the large scale comprehensive plan amendment in compliance. [ref: 163.3184 (10)(a) F.S.] ATTACHMENTS: A- Noticing in the Orlando Sentinel B- ORC Report C- Current Future Land Use Map, April 2007 D- Proposed Future Land Use, April 2007 E- Ordinance 2007-06 with Exhibit A (Map & Legal Description) CITY COMMISSION ACTION: ATTACHMENT A ULTRASOUND TESTS OF THE HEART & ARTERIES ~ D- o r ~ " 1!. ... x c 1::. c ~ - -~ ~- ~.:.:--:~,I~f! ,~ - " . ~.~ I ' " .. '.,;~. i ,~' - ~~ ~ . - - ~ -< -" 8 ... lli Heart Attack ~revention Package. Echocardiogram c) Echocardiogram Is a video ultrasound of the h~rt.lt may detect enlargement of Ultrasound Test the heart, valve abnormalities, blood clots and tumors. Electrocardiogram c) EKG may detect ischemia, silent heart attack and atrial fibrillation: EKG (EKG) Test provides a picture of the electrical ' activity of the heart Hardening of c) Hardened arteries cause the heart to the Arteries work harder, which leads to vascular disease. ASl test shows the degree of '(ASITest) hardening of arteries. ALL 3 TESTS It These cardiac tests are painless and non- invasive.Their combined cost is more than S 1,300 at most hospitals. Stroke & Aneurysm Prevention Package . .. Stroke/Carotid Artery Ultrasound Test c) Many strokes are associated with blockages in the carotid arteries that . may be detected with an ultrasound. d.. I Ahdominalaorticai1~rvsmsfol11l as a NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE NO. 2007-06 AN ORDINANCE OF lliE CfIY COMMISSION OF THE CfIY OF WINTER SPRINGS, SEMINOLE COUNTY. R.ORIOA, RElATlNl TO COMPREHENSM PlANNING: stmNG FORlli ANa ADOPTING A lARGE SCAlf COMPREHENSIVE PlAN AMENDMENT; PROWlING FOR AOOP1lON Of AN AMENDMENT TO THE R/TURE lAItl USf MAl' flY DESIGNA1Kl CERTAIN REAL PROI'ER1Y WIl1iIN l1iE CIIY Of WINTER SPRINGS GENERALlY OESCRtBED AS lWO (2) PARCELS OF lAIIl, CONTNNING 28.9 GROSS ACRES, MORE OR LESS, AND LOCATED GENERAl.1.\' AT l1iE SOUTlIWEST CORNER OF l1iE IKTERSECTlON OF DBlON SlllEET AND HOWARD AVENUE, MORE PARTlCOLARlY DEPICTED ANa lEGAI.lY DESCRIBED HEREIN ~. ElIHIltr 'A,' ATTACHED HEPETO, FADM SEMINOlE COIMY .RURAL-3' TO CIlY OF WINTER SPR~GS 'PU8UC1SBI-f'UBlIC' YtmI 'CONSERVATlON OVERLAY" (ON THOSE AFFECTED AREAS); PRCiVlDlNG AN EFFECTM OATE ANa LEGAl STATUS OF THE PlAN AMENlMENT; PROVIlING FOR lllANSMmAl OF lliE PLAN TO lliE DEPARTJ.IENT OF COMMUNfIY AfFAIRS; PROVIltNG FOR .THE ..REPEAL OF PRIOR INCONSISTENT DRDlNANCES AND RESllUII1ON;i, SEVERAIIlllIY. AND AN EfFEClM DATE. (See MAl' below, Site '1', lor Iocalion) ORDINANCE NO. 2007-07 AN ORDINANCE OF THE CfIY COMMISSION Ot: l1iE CfIY llI' WINTER SPRINGS, SEMINOLE COUNlY. RDRIDA. RElATING TO COIf'REHENSM flLAHNlNG; SETTING FOFrrH AND AIlOI'TlNG A INlGE SCALE CIIMPREIEHSlIIE PlAH AMOOMENT; PRCMDItlG FOR ADOPTlON OF AN AMENDMENT TO l1iE RlTlIlE lAI<<l USf MAl' flY DESIGNAlV<<i CERTAIN REAL PROI'ER1Y 'MTHIN l1iE CIIY OF WINTER SPRINGS 6EN8W.IY DESCRIBED ASillREE (S) PARCELS OF lAIIl, CDHTAlNING 29.S GROSS ACRES MORE OR LESS, ANa lOCATEO GENERAllY ON lliE WfST SIlE !if DElEON SlREET AT CRESS RUN. MORE PAR11CIJl.ARIY DEPIClED AND LEGALLY DESCRIBED HERE~ ~ EXHII!IT "A," A)lACHED HERETO. FAOM SEMINOlE COUHlY 'RIJIAI:3" TO CfIY OF WINTER SPRINGS 'RuRAl RESlDENTJAr WITH .CONSERVATION OVERLAY" (011 THOSE AFFECTED AREAS); PRIMOING AN EffiCTM DATE AND lEGAl STATUS OF l1iE PlAH AMEMlMENT; PROVlOING FOR lllANSMlTlAl Of THE PlAH TO l1iE DEPARTJ.IENT OF COMMUNfIY AffAJ\S; PROVIDING FOR lliE REPEAl OF PRIOR INCONSISTENT llRDlNANC6 ANa RESOWTlONS, SEVEIWlIUTY. AND AN EFFEClM DATE. (See MAP below. Site '2', lor 1oca!ioI1) ORDINANCE NO, 2007-09 AN ORDINANCE OF lliE CfIY COMMlSSlON. DF THE CfIY OF WINTER SPRINGS, SEMINOlE coorm: R1lRtllA, ADOPTING A SMAll SCAlE COMPREHENSIVE PlAH AMENDMENT flY CHANGING l1iE RlTURf LAND UsE MAl' DESIGNATION OF THE REAL PROPERTY CONSTIT\/TIlG ONE (1) PARca TDTAUNG 4.32" ACRES, MORE OR lESS, AND LOCATED AT 17411 DElEDN STRm ,~ WINTER SPRINGS, R.DR1lA, ANa MDRE PARTICU1..ARl.Y DEPICTED AND LEGAUY DESCRIlED ON EXHIBIT .,.' ATTACHED HERETO. FROM ~OLE COUNTY 'RURAL-3" TO CIIY OF WINTER sPRINGS 'R0RAl RESIlEII1W.- WITH 'CONSERVIUlON OVERLAY" (ON 1l<<lSE AFFECTED AREAS); PROYIltNG FOR THE REPEAl.. Of ~ INCONSISTENT ORIlINANCES AND RESOlllT1ONS. SEVEIIABUTY. INCORPORATION. INTO tHE COMPREHENSM PlAH, ANa AN EffEClM DATE. (See MAl' bela'll, Site '2', for Iocallon). ORDINANCE NO. 2007-10 AN DRDINANCE OF lliE CfIY COMMISSION OF THE CfIY OF WINTER SPRINGS, FUlUDA, AOOPl1NG A SMAll SCAlE COMPREHENSIVE PLAN AMENDMENT flY Ct\AIjGNj lliE RlTURE LAND USE MAl' DESIGNATION Of lliE REAl PROPERlY CONSTITUT~G ONE (1) PARCEL TDTAlING 1.6 ACRES, MORE DR lESS, AND LOCATED AT 201 CRESS RUN ~ WllmR SPRINGS, R.DRlDA, AND MORE PART1C\A.ARl.Y DEl'lCTED AND LEGAUY DESCRIBED ON. EXHIBIT .,.' ATIACHED HERETD, FAOM SEMINOLE COUNlY 'RURAL.S. TO CfIY Of WIHTER SPRINGS 'RURAL RESIlEII11Al.' YtmI 'CONSERVATION OVERLAY" (ON lliDSE AFFECTED AREAS); PROV1lltNG FOR lliE REPEAl Of PRIOR INCDNS1STENT DRDlNANCES ANa RESOlUTIONS, SEVElIAllIl1TY. INCORPORATION INTO l1iE COMPREHENSIVE PlAN, AND AN EFFECTM DATE. (See MAl' below, Si8 '3', for location) ORDINANCE NO. 2007-14 AN DRDl~E OF lliE CfIY COMMISSION OF l1iE CIIY OF WINTER SPRINGS~ FlDRI>A. CHAN~G l1iE ZDNlNG MAl'DESIGNATION . OF lliE Ru,L PROPERlY CONS1l1UTING lliREE (3) PAB;ELS TOTALING 29.S ACRES, MORE DR LESS. AND LOCATED GENERALLY ON '!HE WEST SIDE OF DELEON STREET AT CRESS RUN ~ WINTER SPRINGS. R.ORIDA, AND MORE PARTICUlARlY DEPICTED AND . LEGAlLY DESCRIBED ON EXIIBIT .,.' ATTACHED I1ERETO, FAOM SEMINOlE COUNIY 'A-3. TO CfIY OF WINTER SPRINGS 'R-(;1 SIIlGLE FAMILY DWEUING'; PROVlOING FOR lliE REPEAL Of PRIOR, ~CONSISTENT ORDINANCES AND RESOLUTIONS, SfVERAIlIUTY. ANa AN EFFEClM OATE. (See MAP below, SIte '3',1lx location) . ORDINANCE NO. 2007-15 AN ORDINANCE DF THE CfIY COMMISSION Of THE CfIY OF WINTER SPRINGS, flORIOA. CHAN~G THE ZONING MAl' DESIGNATION OF lliE REAL PROPERlY CONSTllllllNG ONE (1) PARCEl. TDTALING 4.32 ACRES. MORE OR U;SS, AND LOCATED AT 17411 DElEON STREET IN WINTER SPRINGS, R.OIRIOA, AND MORE PARTICUlARlY DEPICTED AND LEGAU.Y DESCRIlED ON EXHIBIT .,.. ATTACHED HERETO, FADM SEMINOLE COUNTY "A-3' TO CfIY OF WIHTER SPRf/GS 'R-(;l SINGlE FAMI.Y DWEWNG"; PROVIlING FOR lliE REPEAl OF PRIOR INCONSISTENT ORDINAIICES AND RESOlUTIONS, SMRABIQTY. ANO ANEFFECTM DATE, (See iw> below. SIte '4', for location) . ' ORDINANCE NO. 2007-16 AN ORDINANCE Of THE CfIY COMMISSION Of THE CfIY OF WINTER SPRlNGS, R.DRIDA, CHANGING THE ZDMNG MAP DESIGNAOON DF THE REAL PROPERTY CONSTITUTING ONE (1) PAl)CEl TDTALING 1.6 ACRES. MORE DR LESS, AND lDCATED AT 201 CRESS RUN IN WINTER SPRINGS. R.OIRIOA, AND MDRE PARTlCUlARLY DEl'lCTED AND LEGAU.Y DESCRIBED ON EXHIBIT .,." AmCHED HERETO, FADM SEMINOLE COIJN1Y 'A-S' TD CIIY Of WINTER SPRINGS 'R-C1 ~GLE-fAMILY DWEWNG'; PROVIDING FOR.THE REPEAl OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERAB1I.fl'( AND AN EFFECTIVE DATE. (See MAP below, Sib! '4'. for Iocationl : Aneurysm I est LI artery wall that may be detected with an (4-hour fast required) ultrasound. Blood Circulation c) Many adults over SS have leg cramps (Arteriosclerosis) due to poor drculation. ASI screening Test measures extremities for peripheral arterial disease. .~ , ~ I)) . ALL 3 TESTS These vascular tests. are palnk:ss an4 non-invaslve.Their combinedcost~ more than $1.000 at most hospitals. , .. + ~:~~!1FAlR. ReNts are interepreted by boanl certified physicians v.lth speclallies i1 cardiology, echocardlography, and vascular SUrgei)'. Caporale programs are avaI1abIe. EgeCO~ ':;';:.0 Quality Inn and Sullies attheFl_MalI 8700 S. Orange Blossom Trl. t--, , ORLANDO May 31st South OIIancIo YMCA "814W.Oakridge Rd. WIHTER GARDEN June 7th Roper YMCA 100 Wmdennere Rd. ~Inoleco~ OVIEDO May 23rd . June 16th WalgrMnS . 8S E. MitcheM Hammod< Rd. APPOINTMENTS ARE NECESSARY!!! CallTolI-Free 1.888.822.FAIR(3247) www.healthfair.com ORLANDO May 19th June 19th Walg....n. 66SIOfdWlnterGardenRd. ORI.AHDO May is'" June 6th AorIda HospItlll Ch_ 2800 N. OnInge Ave. 0lllAN00 Junel4m Walg...... 8000 LBe Underhill Rd.' ., ORLANDO June 8th 11M lexingtOn Hotel 304 W. Colonial Dr. Al]'AMONTE SPRINGS May21st ' Walgreens 200 W. State Rd.436 LAKE MARY May 29th Lake Mary YMCA 665 longwood Rd. -r WlIlTER SPRINGS May 30th Walgreen. 401 W. State Rd.434 ,I LONGWOOO June 12th Comfort Inn and Conference Centor North 2025 W. SR 434 APOPKA June 13th WIlgreen. 125 E. Mlin WINTER MRK June 14th ~_ Lutheran Churdl 3377 AAlma Ave. lAKE MARY May 25th Walgreen. 1201lntemotiona' Pl<wy. S' ~IaCoU.v Al]'AMONTESPRlNGS June 5th BallyTotaI FItness 733 W. State Rd. 436 IQ'SS_E June 7th 'w~ 8400 W.lrto Bronson ~keCou~ a..EIlMOHT May30lh Hampton I",,' 2200 E.Hwy.SO lEESBURG MT.DORA June 6th June 9th WaIg....... Haltlpton Inn 20100lrusBI'Id. 19700Hwy.44i~ OVIEDO June 15th OYhdo YMCA 7900 Red Bug La"" Rd. PUBUC HEARINGS FOR FIRST READING & TRANSMITTAL WILL BE HELD ON TUESDAY, MAY 29,2007 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL I 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA , , " ,,-, ;";,J ., The proposed ordinances may be obtlined by Interested pal1les beIween 8 a.m. lIId 5 p.m., Monday.1I1Rll91.f!iday, II fie Cly's C~ . . OIfice, located al1126 E. SA 434, Wilier Springs. Rori~ fIlf lI1OII informalioc1, call (407) 327.1800 #'lZ7. Pefsoqs~ wfth disaIIilIllS: needlr.g assistance I/) par1k;tIate il any of Ihese procee<llngs shWd contaclll1e ~ RIIaIIons Depament '000nlInaiDf. 048 1IouI&: In adval1c:e ol1l1e meeing at (407) 327.1800. #236. Those are pubic ~ inIBlIsIed parties IR adVIsed 1haI1hey may appear It fie meeting lIId be helnl wilh respect to the PfOllOsed ordinances. W you dec~\o appeaI.,y ~ or decisl9n IlladOby It1e; Clly CoovnIssion wlIl1 respect 10 any matter consi<lered at II1is meeting. you'w'il need a recOfd at the ~ Ind lor such' purposes, you may need 10 enSUOl1hat a verbatim reco<<I ot 1l1e proceedings is made upon which VIe appeal Is based. . , , , . \ , , , , , , ., ..". ,.:1 'I '" :1 .. .. ... .. ... '" '4 .; ". .,:.4 ~ . " "'if -.-q ~. "I , , , ." ".' ~, .'J h' L.. NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HE~EBY GIVEN THAT THE erN COMMISStOO-OF THE CITY OF WimER SPRINGS WlLl. HOlD - PUBLIC HEARIN\IJl, .- fOR SECOND READING.4Qc)PTION ON: ORDINANCE NO. 200-7..06 AN ORDINANCE: OFTI1E CITY COMMISSION OFT"J.lE CITY OF WINTER SPRINGS, SEMINOLE ~"FLOR1DA, RELATING TO COMPREHENSIVE PLANNING: SET. TINGFORTif"~:.AOOPTlNG A LARGE SCALE COMPREHENSIVE PLAN AMEND- MENT: PROVIDIN'I11<O,I'l ADOPTION OF AN AMENDMENT TO THE FIJTURE LAND USE MAP SV DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENI','iAU.Y OESCRISED AS TWO (2) PARCELS OF LAND. CONTAINING 28,. GROSS ACRES, MORE OR LESS, AND LOCATED GENERAU-Y AT THE SOUTH- WEST CORNERO'F THE INTERSECTION OF DELEON STREET AND HOWARD AVENUE, MOA.,f'AR'TlOULARLV DEPICTED AND LEGALLY DESCRIBED HEAEIN IN EXHISIT ',,:" Ar.tAoHEDHERETO, FADM SEMINOLE COUNTY 'RURAl..3' TO CITY, OF \'VINTER SpRINOO 'PuSUClSEMI.PUSLlC" WITH "CONSE,AVATION OVERLAY" (ON T>lOSE ~FEc;r,"D AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS , ; PROVIDING FOA TRANSMITTAL OF THE PLAN TO THE NITY AFFAIRS: PROViDING FOA THE REPEAL OF PRIOR ,ORDINANCES AND RESOLIJTIONS, SEVERABlutV, AND AN EFFEC- Tt~~n;d~~"'MAP, b.low, Site '1'. lorlocaUon) . ORDINANCE NO. 2007-01 MlO'RDINANCE. OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, '~Fr:N~%~~r;rAoo~"c:' A~1~~~~M':,e:~=V~~~N~:rc: MENT; PROVIQING FOR ADOPTION OF AN AMENDMENTTOTHE FOTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THB CITY OF WINTER SPRINGS GENERAU-Y DESCRIBED AS THREE (S) PARCELS OF LAND, CONTAINING 2ll,S GRCSS ACRES MORE OR LESS. AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS AUN.MORE PAFITICULARLVDEPICTEI) AND LEGALLY DESCRIBED HEAEIN IN EXHIBIT 'A." ATT"-CHED HERIiTO,f'ROM SEMINOLE COUNTY "RURAL.S'TO CITY OF WINTER SPRINGS "AURAL, RESIDENTIAl: WITH "CONSERVATION OVERLAY" (ON THOSE AF""cTED AREAS): PROVIDING AN EFFEC, TIVE DATE AND, LEGAL STATUS OF THE PLAN AMENDMENT; PRD,VIDING FOA TRANSMITTAL OFTH.PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PRO- VIDING FOR THE REPEAL OF PRIOR INCONSISTENT OROINANCES AND RESOLU. TIONS, SEVERABILITY. AND AN EFFECTIVEllATE. (Se. MAP below. SIlo '2', lor loc:allon) ORDINANCE NO. 2001-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITVtING THREE (S) PARCELS TOTALING 293 ACREB, MORE OR LEsS. AND LOCATED GENERALLY, ON THE WEST SIOI! OF DELEON S'TREET AT CRESS RUN IN WINTER SPRINGS. FLORIDA. AND MORE PAlRTICULARIY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A" ATTACHED HERETO. FROM SEMINOLEC/DUNTY'A-3"TO ~~~~ b';";~~.PI~~~S',~~~'~~~~~~6~s ~~L~~L=~:~~:r:"~7c ITY. AND AN EFFECTIVE DATE, (S.. MAP -,ill'" '2', for locoUon) ORDINANCE NO. 2001.22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY. FLORIDA, ADOPTlNG A LARGE SCALZ COMPREHENSIVE PLAN AMENDMENT eSTABLISHING A PUBLiC SCHOOL FACILITIES ELEMENT AND AMENDING THE CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDI. NATION ELEMENTS CONSISTENT WITH CHAPTER 163. FLORIDA STATUTES; PRO. VIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTlONS. SEVER. ABILITY. INCORPORATION INTO THE COMPREHENSNE PLAN, AN EFFECTlVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS, PUBUC HEARINGS WILL BE HELD ON MONDAY, SEPTEMBER 10,2007 AT 5;15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The prope!ed ordlnanctJs may b, obtained by Interested parlies betw.en a a.m. and 5 p.m., Monday through Friday. al the CIty', Clerk's OlUee. kx:aled al1126 E. SR .434. Winter Springe, Florida. For mor.lnlonnalion, call (407) 327-1800 m1. Per,ol'\4 wl1h OlsabJlltles needing 8ullilLance lO participate In- any of then proeudlng. .hould contact Ihe Employee Relellol1.' Department Cootdlnalor. 48 hours In advance or the meeUng at (407) 327.1800, #236. Th.58 iIIr. publIc hearlng,s. Inler.ited part;., 118 advlHd Ihat lhay may -appear Ilt 11'10 meetlng and be heard wUh respecl 10 Lhe propoud ordlnancel. If you decide to appeal any I.commandalion or didsion made by the City Commlaalon with reapect to any matter conaldered at this meetlng, you will need a record ot the proeeedlngs. and 10' such purposes. you may need 10 ensure tnat a verballm record ollhe proceedlng.ls made upon which lne eppeslls based. /?~ .. ATTACHMENT B R~'": ~""11l /1.. ,! ~ STATE OF FLORIDA o E PAR T MEN T 0 F COM M U NIT Y A Fo~~~Ji~c~,..:cu._<l' "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor THOMAS G. PELHAM Secretary August II, 2007 ~~ : (Yl J~lcm luHc4 ~~C' COO 4IJe l$', V: elT}- < < ~O Co",~~ ~ <'Uo. v'!ifJ- ~r~ ? O~I.<~ oS", O/o-c '9'/~ ""~"/Oe The Honorable John F. Bush Mayor, City of Winter Springs City Hall, 1126 East State Road 434 Winter Springs, Florida 32708 Dear Mayor Bush: The Department of Community Affairs has completed its review of the proposed Comprehensive Plan Amendment for The City of Winter Springs (DCA Number 07-2), which was received on June 11, 2007. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J-5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes. The Department does not identify any objections and this letter serves as the Objections, Recommendations and Comments Report. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review, and their comments are enclosed. Proposed amendments 2007-06 and 2007-07 are located near Lake Jesup and have a moderate possibility for archaeological resources. The City should sponsor or require historic resource surveys to ensure that archaeological resources and historic structures will be considered when substantive changes in land use are proposed. For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. If you have any questions, please call Julie Evans, Senior Planner, at (850) 922-1816. }:;e~ Yvz 5:~ Mike McDaniel, Chief Office of Comprehensive Planning MM/je Enclosures: Reviet Agency Comments Transmittal Procedures cc: Mr. Randy Stevenson, Community Development Director Mr. Phil Laurien, Executive Director, East Central Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781 /Suncom 291.0781 Internet address: htto://www.dco.stote.fl.us CRlnCAL STATE CONCERN FIELD OFFICE 2796 Overseos Highway. Suite 212 Marolhan. FL 33OSJ-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee. FL32399.2100 (R5lJ) 488-2356 HOUSING" COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee. FL32399-2100 (85lJ) 488-7956 TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Mr. Phil Laurien, Executive Director of the East Central Florida Regional Planning Council. Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet is attached for your use). 2 St-!Johns River Water Management District K:rby B. Green III. EXEcutive D!rector . David w. Fisk, Assistant Executive Director 0~ J I JO { Jl 4049 Reid Street · P.O. Box 1429 · Palalka, FL 32178-1429 · (386) 329-4500 On the Internet at www.sjrwmd.com. July 6,2007 D. Ray Eubanks, Administrator Plan Re\'iew and Processing Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Subject: City of Winter Springs Proposed Comprehensive Plan Amendment DCA Amendment #07-2 Dear Mr. Eubanks: SI. Johns River Water Management District (District) planning staff have reviewed the above- referenced proposed comprehensive plan amendment. The proposed amendment consists of two changes to the City of Winter Springs' future land use map. The District staff review focuses on water supply availability and related water resource issues in an effort to link land use 'planning and water supply planning. In the review of water supply availability, District staff consider infrastructure, permitted allocation under consumptive use permit, and source. District staff have no comments related to those issues because no substantial water supply availability or related water resource issues were identified. Please note that the District is the applicant for the future land use map change referenced in proposed Ordinance 2007-06. The District purchased the property to develop a stormwater park to reduce nutrient loading to Lake Jesup and to reduce flooding in the area associated with the Solary Canal. One of the objectives of the District's Middle St. Johns River Basin Surface Water Improvement and Management Plan is to improve the water quality in the Lake Jesup Basin through retrofit projects. As the applicant, the District is providing technical assistance to City staff in support of the amendment. If there are any questions related to the Solary Canal project, please contact District Project Manager Regina Morse at (386) 329-4819/Suncom 860-4819 or nnorse@sjrwmd.com. We appreciate the opportunity to provide comments. If you have any questions concerning these comments, please contact District Policy Analyst Peter Brown at (386) 329-4311/Suncom 860-4311 or pbrown@sjrwmd.com. Sincerely, .<,1, . J:::~,',I ~ " . , <1,. I ~ '"-,,.L. t,l.....- J:;it\... L- ~---v..:.;L~ Linda Burnette, Director Office of Communications and Governmental Affairs GOVERNING BOARD Da',id G. Graham, CHAIRMAN JACKSONVILLE John G. Sowinski, VICE CI'..\.HMAN ORLANDO Ann T. Moore. SECRETARY BUNNELL Duane L. Ottenstroer, TREASURER JAOIs..."WILLE co........... M !.Jll",hcc Willi!lm W. Kerr Ome\Tias D. Long W. Leonard Wood LBfPB cc: Eloise Sahlstrom, City of Winter Springs Andrew Landis, ECFRPC Jim Quinn, FDEP Robert Christianson, SJRWMD Nancy Christman, SJRWMD Mary Brabham, SJRWMD Regina Morse, SJRWMD Jeff Cole, SJRWMD Peter Brown, SJRWMD v East Central Florida Regional Planning Council 631 North Wymore Road. Maitland, FL 32751 Phone 407.623.1075 . Fax 407.623.1084 . www.ecfrpc.org Philip Laurien, AICP Executive Director MEMORANDUM To: From: Date: Subject: D. Ray Eubanks, FDCA Community Program Administrator James Stansbury. FDCA Regional Planning Administrator 10 )) '1~ \ '> \ "l Phil Laurien. AICP, Executive Director July 12, 2007 Large Scale Comprehensive Plan Review Local Government: Local Amendment #: DCA Amendment #: City of Winter Springs 2007-06,2007-07 Winter Springs 07-2 JUL ..1 '.J 2001 Council staff has completed a technical review of the City of Winter Spring's proposed Large Scale Comprehensive Plan Amendment. The package includes two amendments to the Future Land Use Map (FLUM). Staff comments are indicated below in italics. The review was conducted in accordance with the provisions of the East Central Florida Regional Planning Council's current contract with the Florida Department of Community Affairs for Plan and Plan Amendment Reviews. 2007 -06 The amendment proposes a FLUM change on 28.9 acres from Seminole County Rural-3 to City of Winter Springs Public/Semi-Public and Conservation Overlay. We have not identified any significant and adverse effects on regional resources or facilities, lIor have any extra-jurisdictional impacts been identifU!d that would adversely affect the ability of neighboring jurisdictions to implement their comprehensive plan 2007 -07 The amendment proposes a FLUM change on 29.3 acres from Seminole County Rural-3 to City of Winter Springs Rural Residential and Conservation Overlay. We have not identified any significant and adverse effects on regional resources or facilities, nor have any extra-jurisdictional impacts been identified that would adversely affect the ability of neighboring jurisdictions to implement their comprehensive plans. Executive Commitlee Ch.1imgn Jon B. Rawlson Governor's Appointee Orange County vice Chairwoman Commissioner Teresa Jacobs Orange County Treasurer Malcolm Mclouth Governor's Appointee Brevard County Secret.ary Vice Mayor Mary Martin Port Orange Yolusia County league of Cities Former Chairman Commissioner Welton Cadwell lake County ')~f\ in.~ Ure\-.1rn, Lat.:e'. Or..lns't>. 05CMJ!.I. sf;,.....,:t';r.'ft> ..l,.,d \, 'c!:..;::ja ccun:it-:'s. ~ The East Central Florida Regional Planning Council is available to assist in the resolution of any issues that should arise in the course of your review. If you should have any questions, please contact Andrew Landis at andrew @ecfrpc.or~ or by phone at (407) 623- 1075 ext. 310. Thank you. cc: Local Government Contact: Eloise Sahlstrom, Senior Planner AML Florida Department of Environmental Protection Charlie Crist Governor Jefl' Kottkamp Lt. Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Michael W. Sole Secretary July 11, 2007 Mr. D. Ray Eubanks Bureau of Local Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Winter Springs 07-2, Comprehensive Plan Amendment ORC Review Dear Mr. Eubanks: On behalf of the Department of Environmental Protection, the Office of Intergovernmental Programs has reviewed the proposed comprehensive plan amendment in accordance with the provisions of Chapter 163, Florida Statutes. As required by law, the scope of our comments and recommendations is limited to the environmental suitability of the proposed changes in light of the Department's regulatory and proprietary responsibilities. Based on our review of the proposed amendment, the Department has found no provision that requires comment, recommendation or objection under the laws that form the basis of the Department's jurisdiction and authority. If the amendment pertains to changes in the future land use map or supporting text, please be advised that at such time as specific lands are proposed for development, the Department will review the proposal to ensure compliance with environmental rules and regulations in effect at the time such action is proposed. In addition, any development of the subject lands will have to comply with local ordinances, other comprehensive plan requirements and restrictions, and applicable rules and regulations of other state and regional agencies. Thank you for the opportunity to comment on this proposal. If I may be of further assistance, please call me at (850)245-2172. Sincerely, S'E'l\. Suzanne E. Ray Office of Intergovernmental Programs /ser "lrfore Protection, Less Process" www.dep.state.fl.us ~------- == ". - ",,,- . -:::::=. = = ? ~n l( 6f( a? Florida Departnlent of Transportation C1L\RLlr. CRIST GO\'ER:\Ol<. Interm0,jol Systems Development 133 S0ulh Semoran Boulevard Orlando, FL 32807-3230 STEPIL\:\IE C. KOPELOl'SOS SECRETARY July 9, 2007 Mr. Ray Eubanks, Community Program Administrator Department of Community Affairs, State of Florida Plan Review & DRI Processing Section 2555 Shumard Oaks Boulevard Tallahassee, FL 32399-2100 SUBJECT: LOCAL GOVERNMENT: DCA#: PROPOSED COMPREHENSIVE PLAN AMENDMENTS CITY OF WINTER SPRINGS 07.2 Dear Mr. Eubanks: The Department of Transportation has completed its review of the above proposed comprehensive plan amendments as requested in your memorandum dated, June 13,2007. We appreciate the opportunity to participate in this review process and we offer our comments with this letter. If further information is received from the local government prior to the issuance of the Objection, Recommendations and Comments (ORC) Report. the Department will revise the comments. If you have any questions, please contact Judy Pizzo, Systems Planner, at 407-482-7880 or by e-mail atjudy.pizzo.CDdotstate.f1.us. Sincerely, QA-~~ ~:. Weiss, P.E. Growth Management Supervisor jp attachment cc: April Boswell, Seminole County Eloise M. Sahlstrom, City of Winter Springs Rob Magee, FOOT PhULaurien, ECFRPC James Stansbury, DCA Fila: J:IGro'Mh ManagemE ntlCompral1ensive P13ns'Comme ntsandCovertetters\SeminolelWinterSprings07 .2CvTLtrll70907 .doc Florida Department of Transportation IntelTT10dal Systems Development Technical Applications Section Page 1 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of Winter Springs DCA Amendment #: IJ'/inter Springs 07.2 Date of DCA's Request Memo: June 13, 2007 RevIew Comments Deadline: July 12, 2007 Today's Date: June 27, 2007 GENERAL BACKGROUND INFORMATION The City of Winter Springs has submitted NIO FLiture Lar.d Use Map (FLUM) amendments. For the FLUM amendments, FOOT evaluated how the trip generation potential of the property will change jf the proposed FLUM designation is adopted. (Trip generation potential reflects the maximum amount of development that could occur on the property.) Tr,e pertinent FLUM designations are described as fall 0'115: Conservation Overlay (City). .The conserv'a::cn oveilayarea shown on the Future Land Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soilSiWetlands, and special vegetative communities.... The area designated as Conservation Overlay on the FLUM is not j..:ended 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 ur.deriying land use development density andlor intensity 'lvill be applicable.. Public/Semi-Public (City). Includes all public structures such as civic and community centers, hospitals, libraries, police and fire stations, and government administration buildings. Allom a 0.50 floor area ratio (FAR) per Table 1-2 in t."1e Future Land Use Element. Rural-3 (County). Al1o'Ns 1 dwelling unit (du) per 3 acres. Rural Residential (City). Allom 1 du per ,,:re FOOT Contact: J~dy Pizzo, Systems Planner FOOT District 5 Office of lntermodal Systems Develo~M 407-482.788Q 407.~55 407.275-4188 407-54(H)550 jt.;cv. oizzo!<tdot.state. fl.us kblume@kittelson.com J .\Grov.t-, M cragerrer1\Com~nsive Aa ns'Corr.r.e,=:-cec-. ~ -=~ers\Semin: leWVlnlerSpings07 .2Commenl$070907.doc Reviewed by: Kelly Blume. P.E. and Gorken Mimio,lu Kittelson & Associates. Inc. Telephone: Fax: E-mail: Fila: Florida Deparlment of Transportation Intermodal Systems Development Technical Applications Section Page 2 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of WInter Springs DCA Amendment#: Winter Springs 07-2 Date of DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12, 2007 Today's Date: June 27, 2007 FLUM AMENDMENT 1 (2007-08) Elements: Future Land Use Element Rule Reference: Chapter 163, Florida Statutes, and Chapter 9J, Florida Administrative Code Background: This amendment affects 28.9 acres located on the west side of Deleon Street, approximately 1.1 miles east of SR 417, ar.d just north of SR 434. TriD Generation Potentlal 0 Parcels Affected by FLUM Amendment 1 Maximum Size of Development P.M. Peak Scenario Land Use Allowed ITE Land Allowed Dally Hour Designation Intensity Use Code Acres Develop- Trips Trips ment Adopted Rural-3 I 1 du/3 :acres 210 28.9 9du 113 12 Public/Semi-Public I Proposed with Conservation 0.50 FAR 610 28.9 629,442 sf 8,510 743 Over1:a'1 Change in Trips +8,397 +731 The State roadway segments located ....ithin five miles of the parcel are sho...." in the table below. '.", FOOT Contact: Judy Pizzo. Systems Planner FOOT District 5 OffICe 01 lntermedal Systems Development 407-482-7880 401.540-0555 407.275-4188 407-540.0550 :l;CV cizzoedot.s~3~e.f1.us kblume@kilte!$on.eom J :\Growth M arager:-ert'.CcrrP"'r,ensive PIa ns'Corrr.-e rS3fldCc,'eIlellerslSemino le\W1nlerSp".~ -2Corrrnents070907.dcc: Reviewed by: Kelly Blurr.e, P.E. and Gorkan Mimioglu Kittelson & Associates, Inc. Telephone: Fax: E-mail: File: Florida Department of Transportation Intermodal Systems Development Technical Applications Section Page 3 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of WInter Springs DCA Amendment #: VVinter Springs 07-2 Oat!! of DCA's Request Memo: June 13.2007 Review Comments Deadline: July 12,2007 Today's Date: June 27, 2007 State Roadway Seaments AlTected bv FLUM Amendment I 2001 2012 2016 Road- , FIHSI Service Service Service way I Segment SIS? LOS Volume Ac- LOS Volume Ac- LOS Volume Ac- Stan- at LOS AAoT cept- Stan- at LOS AAoT cept. Stan- at LOS AAoT ce~{- d"rd Stan- able? dard Stan- able? dard Stan- able? dard dard dard SR417toEor N 0 16,400 16,900 N D 16,400 20,200 N D 16,400 23,400 r-; Shangri La Ln W or Shangri La Ln N D 19,600 17,500 Y' D 19,600 19,000 Y" D 19,500 20,200 p; to E or Deleon Ave SR W or The Oaks to N D 13,120 16,200 N D 13,120 17,400 N D 13.120 18,300 0' 419: SR 426 " SR Mrtchell Hilmmod< 434 Rd to SR 426 N D 16,400 13,500 Y- D 16,400 14,200 Y" D 16.400 14,800 Y' SR 434 10 N D 135.700 40.900 N D 35,700 48,700 N D 35,700 55,000 ~~ Tuscawilla Rd I Tuscawilla Rd 10 N D 51.800 30,100 Y D 61,800 37.800 Y D 61,800 44,000 p; Tuscora Dr SR McCullough Rd 10 434 Mitchell Hammock N D 53,500 29,400 Y D 53 ,500 30,800 Y D 53,500 32.000 Y I Rd I SR 426 10 Red Bug Y D 67,100 56,300 Y i D 67,100 74,200 N D 67,100 88,500 0 Lake Rd .. SR Red Bug Lake Rd 10 Y D 67,100 52,800 Y ! D 67,100 69 ,5CQ N D 67.100 82,800 ~o 417 , SR 434 I SR 434 to CR 427 Y D 67,100 45.300 Y D 67,100 60,400 Y D 67,100 71,600 p; SR 417 to Mitchell N E 34,500 31,200 Y' I E 34,500 36,600 N E 34,500 40 .900 Ii SR Hammed< Rd 426 Mitchell Hammock Rd to SR 434 N E 17,120 19,300 N E 34 .500 21,200 Y E 34,500 22,700 '( .' "The additIOn or site-generated tnps to thiS segment may resutt In unacceptable operations. Review Comments: Based on FOOT data, segmerrts of State roadways (including SIS roadways) within the vicinity of the site currently operate unacceptably and/or are projected to operate unacceptably. Recommendations: FOOT recommends that a traffic study be submitted to demonstrate that planned transportation system improvements will accommodate the proposed land use changes in the near term and the long term FCOT Contact: Judy Pizzo, Systams Planner FOOT District 5 Office of lntermodal Systems Development 407-482-7880 407.54(}.0555 407-275--4188 407-54(}'Q550 iudv, cino (cl)dot.st3te ,1I.us kblume@kittelson.com J :\GrO'o'<th M anagemert\COmp'et.er.sive Flars'Ccmmer.tsar.cc.."'erletters\SemiroieW\'nterSprings07 -2Corrrr.ertsOiOOO7, doc Revieo,wd by: Kelly Blume. P.E. and Gorkan Mimioglu Kittelson & Associates, Inc. Telephone: Fax: E.mail: File: Ann. ~, Florida Department of Transportation Intermodal Systems Development Technical Applications Section Page 5 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government The City of WIn tar Springs DCA Amendment #: Winter Springs 07-2 Date of DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12, 2007 FLUM AMENDMENT Today's Date: Elements: Future Land Use Element Rule Reference: Chapter 163, Florida Statutes, and Chapter 9J. Florida Administrative Code Background: This amendment affects 29.3 acres located just north of SR 434 and approximately 1 mile east of SR 417 Scenario Land Use Designation Tri Generation Potenllal of Parcels Affected b FLUM Amendment Size of Development Allomd Develop- ment 9 Maximum Allowed Intensity ITE Land Use Code Acres Dally Trips P.M. Peak Hour Trips Proposed 1 dulacre 210 29.3 29 Adopted Rural-3 Rural Residential with COllSBrvaticn Overla 1 du/3 acres 210 29.3 Char.ga in Tops Tt;e State roadway segments located within one mile of the parcel are shown in the table below. 2016 Road- FIHSI Service way Segment SIS? LOS Ac. LOS LOS Volume Ac- Sian. MDT cept- Stan. AAOT SIa n. at LOS MDT cept- dard able? dard dard Stan. able? dard SR41710 EoI N 0 16,400 0 16,400 0 16,400 23,400 N SR Sha ngri La Ln 4191 W of Shangri La In N D 19.600 17 ,500 i D 19.600 0 19.600 20.200 N SR to E of Deleon Ave 434 WoftheOakstoSR 426 N 0 13.120 16,200 0 13.120 D 13.120 18.300 N FOOT Contact: Judy Pizzo, S~tems Planner FOOT District 5 Oftice 01 Intannedal Systems Development 407-482.7880 407-540-0555 407.275-4188 407-540-0550 iudv. oizzot8dct.St3:~ .fl. u s kblume@kittelson.com J\c....cwth Ma ra gen-er.t'.Cool:fer.ersive P1ar16'Ccmrr:enls3nc.'Ccllert..el!ers'&rrjroleW.,nterSl=firgs07 -2Ccmrr.ents070907. doc Reviewed by: Kelly Blume. P.E. and Gorl<en Mirnioglu Kittelson'" Associates, Inc. Terel=hone: Fax: E-mail: File: ~---- Florida Department of Transportation Intermodal Systems Development Technical Applications Section Page 6 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of Winter SprIngs DCA Amendment #: VVinter Springs 07-2 Date of DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12, 2007 Today's Date: June 27, 2007 Review Comments: Based on FOOT data, segments of State roadways within the vicinity of the site currently operate unacceptably and/or are projected to operate unacceptably. Recommendations: FOOT recommends that a traffic study be submitted to demonstrate that planned transportation system improvements will accommodate the proposed land use changes in the near term and the long term under the maximum development scenario. Alternatively, a comprehensive plan text amendment limiting the trip generation potential of the site may be submitted for review. FOOT Contact: Judy Pizzo, Systems Planner FOOT District 5 OffICe of lntermodal Systems Development 407-482-7880 407-540-0555 407-275-41 sa 407-540-0550 iudv. o'zzo@dot.state.n.us kblulTMt@kittelson.com J:\Gfcv.th Mana!;er.'enl\Cc~prehel15ive Plans\Comme~rcX:cverlet!ers\SemiroOle\W.nlerSplings07 -2Commerts07C907. dcc Reviewed by: Kelly Blume, P.E. and Gorken Mimioglu Kittelson & Associates. Inc. Telephone: Fax: E-mail: File: ,,~~ ~I . ',o~ ~, ..;~~ "fL.'! . , -/ '~~.c ~~ =-:.:~ ~ . - ~ . ,-. .~ --C,',_ . . ~ ~ ~::.~ >--...- \ L- ~ 0_ ~...-.":~ "'-.~. &'IS 17fS(6{ FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DNISION OF HISTORICAL RESOURCES Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 July 2, 2007 Re: Historic Preservation Review of the Winter Springs (07-2) Comprehensive Plan Amendment Dear Mr. Eubanks: According to this agency's responsibilities under Sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to determine if data regarding historic resources have been given sufficient consideration in the request to amend the Winter Springs Comprehensive Plan. We reviewed two proposed amendments to the Future Land Use Map to consider the potential effects of these actions on historic resources. Both amendments.are on uplands nearby Lake Jessup, and as such, have at least a moderate possibility for archaeological resources. The most effective way to guarantee that such sites are not adversely affected by development is for the city to sponsor or require historic resource surveys so that it can ensure its archaeological resources and historic structures fifty years of age or older will be considered when substantive changes in land use are proposed. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, ~n. . ~ P. <;...0.. Frederick P. Gaske, Director xc: Mr. James Stansbury 500 S. Bronaugh Street . Tallahassee. FL J2J~2SO . http://www.f1beritage.com o Director'. Office (850) 245-6.300 . FAX: 245-<i436 o An:h~eolopc.d Reseuch (850) 245-64+1 · FAX: 245-6452 - '" Hiltorlc Preservation \850) 245-6333' FAX: 2-15-6437 o Hmork~J Museuma (850) 245-6400 . FAX: 2-l5-<i433 a Southu.t ReporulOffice 0 Northe~5t ReporW Office 1"-<.1 \ .tl~ ')11:;.):' 6 Y..t 1~ ')lJQ IQnJ\ ll?'i-'iI\.IO;. ):' AY.ll?=-':;n.u a Centnl F1orld~ Repon~l Office 11l1"l\ ')7),"\lU'\ . 11 A y. ')7):)"YO ATTACHMENT C Current Future land Use Map- April 2007 Site CRESS 1::. o. (J U) w ~ o 250 500 LEGEND _ Commercial _ Conservation D Rural- 3 D Low Density Re idential 1,000 Feet D N Source: Seminole County GIS, City of Winter Springs, April 2007 ATTACHMENT D Proposed Future land Use - April 2007 Site LEGEND _ Comm rcial _ Conse ation Conse ation Overlay D Low 0 nsity Residential Public I Semi-Public D Rural Residential 1,220 Feet D N o 305 610 Source: Seminole County GIS, City of Winter Springs, April 2007 ATTACHMENT E ORDINANCE NO. 2007-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS, AND LOCATED GENERALLY AT THE SOUTHWEST CORNER OF THE INTERSECTION OF DELEON STREET AND HOW ARD AVENUE, MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "PUBLIC/SEMI-PUBLIC" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANS MITT AL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established 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 Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment to the Florida Department of Community Affairs for its review and comment; and WHEREAS, on May 29,2007, the City Commission held a public hearing on the proposed City of Winter Springs Ordinance No. 2007-06 Page 1 of 3 ~g amendment and approved transmittal of the future land use map amendment of the subject property to the Florida Department of Community Affairs (DCA); and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER 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, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt the large scale comprehensive plan amendment designating the subject property from Seminole County "Rural-3" to City of Winter Springs "Public/Semi-Public" with "Conservation Overlay" (on those affected areas). 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 in Exhibit "A" from Seminole County "Rural-3" to City of Winter Springs "Public/Semi-Public" 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 of Winter Springs City Commission, or parts of 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 jmisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shalll10t affect the validity of the remaining portions of this Ordinance. .;: City of Winter Springs Ordinance No. 2007-06 Page 2 of 3 ~, Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. 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 amendment 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 Transmittal Hearing: Adoption Hearing: Effective Date: City of Winter Springs Ordinance No. 2007-06 Page 3 of 3 ~..., EXHIBIT A Ordinance 2007-06 I i I ___------I < J: :.:: u I~ 1/ HOWARn Subject Property ~ L- '--- DELE:C N ST. - - f'f/ - ~/f- - RESS = - .---- ~~ '-- - f--- L...-- '-- - ~ $:1 - ..--- lBtiQA - - - ~ - - - - - -" ~. n",". 6' - - - r.~ - --' rrl '- \ I \ I-- - ~ e-- - s:~ ~~ :>.R. 434 ........ ~. .... A [ --_.... f--. - - ~~ =:l r~ · 5 .~r.t - ~~lfl\ .n - ~ IW:U . . ".., '\j" ~~ I L.J I l---SU Y Parcel #s & Leaal Descriptions: 03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31 E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT & S 564.64 FT OF W 659.60 FT & RDS) 03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31 E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW 1/4 ORDINANCE NO. 2007-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FORADOPTIONOFANAMENDMENTTOTHEFUTURELANDUSE~ BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS, AND LOCATED GENERALLY AT THE SOUTHWEST CORNER OF THE INTERSECTION OF DELEON STREET AND HOW ARD AVENUE, MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "PUBLIC/SEMI-PUBLIC" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency ofthe City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established 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 Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment to the Florida Department of Community Affairs for its review and comment; and WHEREAS, on May 29,2007, the City Commission held a public hearing on the proposed City of Winter Springs Ordinance No. 2007-06 Page 1 of 3 amendment and approved transmittal of the future land use map amendment of the subject property to the Florida Department of Community Affairs (DCA); and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER 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, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt the large scale comprehensive plan amendment designating the subject property from Seminole County "Rural-3" to City of Winter Springs "Public/Semi-Public" with "Conservation Overlay" (on those affected areas). 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 in Exhibit "A" from Seminole County "Rural-3" to City of Winter Springs "Public/Semi-Public" 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 of Winter Springs City Commission, or parts of 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 Jtli>t affect the validity of the remaining portions ofthis Ordinance. City of Winter Springs Ordinance No. 2007-06 Page 2 of 3 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. 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 amendment 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 10th day of September Approved as to legal form and sufficiency for the Ci 0 Winter Springs only: ~ Anthony A. Garganese, City Attorney Transmittal Hearing: Adoption Hearing: Effective Date: May 29, 2007 September 10, 2007 See Section 8. City of Winter Springs Ordinance No. 2007-06 Page 3 of 3 EXHIBIT A Ordinance 2007-06 1--/ I x x II~ ! II HnWAl>n Subject Property <:fu L- ij: 1. 1- :-- DELE : N ST. >- [- .~ y- f-- - I- :gES.L__ - -~-- . --_.~---- f-- ~ ~ }- - f-- ~"- I- ,..- f-(f- , 11),..- , f)1 I r- ~ RAt:!.l;A :-- '-- I-- :--, ~. ~"....;. JD - i- -~ "--" Tl-r -'1'- K' I 11UDID - f- - f- I 4;14 ---< i~~~ r:;.K. 43 .. ~--...--_.- L ~ - ''', - ....\ - " ~ - n - s. \4~~ - \' ,\ ~ ~ ( l ) I I I W?-J ~l.J LJ 1 '\ Parcel #s & Leaal Descriptions: 03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT & S 564.64 FT OF W 659.60 FT & RDS) ~ 03-21-31-300-008E-0000: SEC 031Vv'P 21 S RGE 31 E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW 1/4