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Home My WebLink About2007 11 26 Public Hearing 501 Ordinance 2007-24 Small Scale FLUM Amendment CITY COMMISSION ITEM 501 Consent Information Public HeariDl! X Re!!ular November 26. 2007 Meeting Itv/j{j /~ Mgr./Dept Z; P' V REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2007-24, a Small Scale FLUM Amendment changing the Future Land Use Map designation of? .54 acres, located on the south side of Winter Springs Blvd., immediately west of Howell Creek and Chelsea Parc at Tuscawilla Subdivision from (Winter Springs) "Recreation and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas). PURPOSE: To consider the applicant's request for a Small Scale FLUM Amendment changing the Future Land Use Map designation of7.54 acres of Parcel 7 from (Winter Springs) "Recreation and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas) to make it consistent with the development rights granted to the property by a Settlement Agreement. APPLICABLE LAW AND PUBLIC POLICY Settlement A2reement: Final Order approving Settlement Agreement and amended Settlement Agreement No.1, recorded ApI. 14, 1994 at Book 3102, Page 1354 Public Records of Seminole County, Florida as amended by Second Amendment to Settlement Agreement recorded Oct 22, 1996 at Book 3156, Page 0454, Public Records of Seminole County, Florida as amended by Third Amendment to Settlement Agreement approved by Winter Springs City Commission October 2,2007 [This amendment allows the development of the property into 60 condominium units.] Before the Settlement Agreement can be implemented, further approvals are required. These include an amendment to the Comprehensive Plan changing the Future Land Use Map, an amendment to the Tuscawilla PUD Master Plan, as well as approvals pursuant to the other local, state, and federal rules and regulations. November 26,2007 City Commission Public Hearing Item 501 Page 2 of 11 Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct ofthe 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 Sprines Charter Section 4.15 Ordinances in General Winter Sprines Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or region; (1) Whether the proposed amendment will diminish the level of service (LOS) of public facilities (2) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (3) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (4) Whether the city is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost effective use of or unduly burden public facilities; (5) Whether the amendment is compatible surrounding neighborhoods and land use; Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (6) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application( s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local 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. November 26, 2007 City Commission Public Hearing Item 501 Page 3 of 11 CHRONOLOGY: Julv 3 L 2007- Application received for Comprehensive Plan Future Land Use Map amendment. Sept. 4. 2007- Submittal of revised Application for Comprehensive Plan Future Land Use Map amendment. Sept. 10. 2007- City Commission approved Conceptual Development Plan for construction of 60 condominium units on Parcel 7 based upon conveyances of conservation lands satisfactory to the Commission. Oct. 2. 2007 - City Commission approved Third Modification ofthe Settlement Agreement between the City and the Tuscawilla Country Club to facilitate proposed development of Parcel 7 and the construction of a 150 foot cell tower and related conveyances of conservation lands to the City. Nov. 7. 2007- Local Planning Agency heard the request and made recommendation of Approval to the Commission. Nov. 26.2007- 1st Reading of Ordinance 2007-24 CONSIDERATIONS: Applicant(s) - Dave Schmitt Engineering, Inc. (407) 207-9088 Owner(s) - Winter Springs GolfLLC c/o RDC Golf Group); React Land LLC; & Matthew Galvin Contract Purchaser - Congressional Homes and Developers of Florida Tom Corkery, Principal; 1491 East SR 434, Unit 103; Winter Springs, FL General Location - south side of Winter Springs Blvd.; immediately west of Chelsea Parc at Tuscawilla Subdivision, and just east of and including a portion of the existing tennis courts at the Tuscawilla Golf and Country Club. Parcel Number(s) - portion of Parcel ID: 31-20-31-5BB-0000-005D & portion of Parcel ID: 31-20-31-5BB-0000-004A Legal Description - A PORilON Of LOT 6, 'THE EAST PART Of PHILIP R. YOUNG GRANT, SOU'TH PART, AS RECORDED IN PLAT 8001< 1. PAGE 38, OF '!HE PU8UC RECORDS OF SEMINOLE COUNTY, FLORlDA. L'\1NG IN SECTION 7. TOWNSHIP 21 SOU'TH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT 'THE SOU'THWEST CORNER OF LOT 10, CHELSEA PARC AT lUSCAWlLLA PHASE I, AS RECORDED IN PLAT BOOK 45, PAGES 82-83; 'THENCE ALONG 'THE SOU'TH UNE OF TRACT A, CHELSEA PARC AT lUSCAWlLLA PHASE I, PLAT BOOK 45, PAGES 82-83 NOR'TH 6511'45- WEST, A PISTANCE Of 105.09 FEET; 'THENCE DEPARTING THE SOU'TH LINE OF' TRACT A, CHELSEA PARC AT TUSCAWlLLA, PHASE I, PLAT BOOK 45, PAGES 82-83 NORTH 87"21'25" WEST, A DISTANCE Of 446.41 FEET TO 'THE POINT Of BEGINNING; '!HENCE NOR'TH 87'21'25" WEST, A DISTANCE OF 113.51 FEET; THENCE NOR'!H 67'55'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 2312'11" WEST, A DISTANCE OF' 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE Or 151.45 FEET: THENCE NORTH 2~'2'11" EAST, A DISTANCE Of' 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 fEET; THENCE NORTH 0015'46" EAST, A DISTANCE OF' 116.55 FEET: THENCE NORTH 61'3'03" EAST, A DISTANCE OF 11.74 fEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET: THENCE NORtH 00"26'4,3" EAST, A DISTANCE Of' 193.64 FEET; THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CURVE: CONCAVE SOU'THERL Y HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 1218'30. AND A CHORD DISTANCE OF 491.51 FEET WI-lICH BEARS SOUTH 83'49'21" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 492.46 FEET: THENCE SOU'!H 12'07'45" WEST, A DISTANCE OF 161.19 FEET; 'THENCE SOU'!H 70'22'15" WEST, A DISTANCE OF 109.14 FEET; THENCE SOUTH 68'49'03" WEST, A DISTANCE OF 178.51 FEET; '!HENCE NORlH 85"53'45" WEST, A DISTANCE OF 96.79 FEET: THENCE NORlH 88'48'42" WEST, A DISTANCE OF 80.84 FEET; '!HENCE SOUTH 00"04'17" WEST, A DISTANCE or 125.75 FEET; THENCE SOUTH 29'35'27" WEST, A DISTANCE Of 70.03 FEET; THENCE SOUTH 00'23'58" WEST, A DISTANCE OF 168,28 FEET TO 'THE POINT OF BEGINNING. CONTAINING 7.54 ACRES (328.635 SQUARE FEET), MORE OR LESS. November 26, 2007 City Commission Public Hearing Item 501 Page 4 of 11 Existing Land Use - The property is vacant and undeveloped. It is vegetated and includes uplands, wetlands, and a portion ofthe Howell Creek floodway and flood plain. Adjacent existing land uses, zoning and FLUM designations include the following: I Existing Land Uses Zoning FLUM Requesting Medium Density Residential with Vegetated Uplands, Wetlands, & a Conservation Overlay on those affected areas Subject Site portion of the Howell Creek Flood PUD (WS (WS) from Recreation and Open Space with Plain and Floodway Conservation Overlay on those affected areas __mmm.__....__,_... ..._m. ~_mmmm_..._...._ ....d.__m_... .........-............-..... ..(WS..L._........._....._m.._._....._.._......_m......_ North Wedgewood Tennis Villas Single PUD (WS Medium Density Residential with Conservatio Family Residential Subdivision Overlay on those affected areas (WS) Tuscawilla Country Club Golf Recreation and Open Space with Conservation South Course, Vegetated Uplands, Howell PUD (WS Overlay on those affected areas (WS) Cree)\: Flood Plain and I:.!godway......_... .-----...-.--- Howell Creek and Chelsea Parc High Density Residential with Conservation East Phase 2 Single Family Residential PUD (WS Subdivision Overlay on those affected areas (WS) -- West Tuscawilla Country Club Tennis PUD (WS Recreation and Open Space with Conservation Courts Overlay on those affected areas (WS) (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The proposed development, known as Tuscawilla Greens includes fifteen (15) buildings of four (4) units each, equaling sixty (60) condominium units. A cell tower was recently approved on Tuscawilla Country Club Golf Course property to the west. Proposed Future Land Use Classification - The applicant is requesting a change in the future land use map designation from Recreation and Open Space with Conservation Overlay on those affected areas (WS) Residential with Conservation Overlay on those affected areas (WS) to Medium Density Residential with Conservation Overlay on those affected areas (WS). Letters/Phone Calls in Favor or Opposition - Several from concerned residents. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The maximum development potential of the 7.54-acre site under a "Medium Density Residential" designation is 67 residential units. However, the Settlement Agreement binds the site to no more than 60 condominiums. Therefore, the following analysis is based on the impact of 60 units. Data and issues which staff analyzed in reviewing this application, follow: Justification for Future Land Use Designation - The requested future land use map designation is necessary to implement the terms of the Settlement Agreement and is compatible with the general character of development in this area. Public Facilities - Transportation- Access is available from Winter Springs Boulevard. Winter Springs Blvd. is classified as a collector road. A trip generation summary (prepared by GMB Engineers & Planners for the Applicant) indicates that the net impact of the maximum development potential under the proposed land use amendment is an additional 474 daily trips (ITE Code 230) and an additional 45 peak PM trips. Winter Springs Blvd. currently operates at a LOS D. All roadway segments are November 26, 2007 City Commission Public Hearing Item 501 Page 5 of 11 projected to operate acceptably with the addition of the project traffic. Sanitary Sewer- An 8" sanitary sewer outfall line also extends into the property from the golf course and extends along the south side of the Winter Springs Blvd. right of way. Capacity is available. Potable Water- A 12" potable water line extends along the north side of Winter Springs Blvd. Capacity is available. Drainage- Stormwater runoff from the site currently discharges into Howell Creek, which discharges into Lake Jesup. Lake Jesup is an impaired water body due to excessive levels of nitrogen and phosphorous. The Total Maximum Daily Load (TMDL) program mandated by the State requires reductions in pollutant discharges in the Lake Jesup Basin to restore the lake's water quality. Due to the site's proximity to Howell Creek, stormwater treatment shall meet SJR WMD criteria for no net increase in the post-development phosphorous loading. Recreation- Purchasers of the condominium units will receive a minimum level recreational membership at the Tuscawilla Golf and Country Club, as stated in the Settlement Agreement for purposes of satisfying the City's recreation level of service requirements under the Comprehensive Plan. One battery of tennis courts will require relocation as a result of the development. Additionally, the Developer has agreed under the terms ofthe Settlement Agreement to construct an additional battery of tennis courts on golf course property. Nuisance Potential of Proposed Use to Surrounding Land Uses- The requested future land use map designation is compatible with the general character of development in this area which includes High Density Residential, Medium Density Residential and Recreation and Open Space. Additionally, the City has development standards in its land development regulations to minimize impacts on surrounding properties through buffering. The City's land use development regulations and the site plan review process can ensure the prevention or minimization of any potential nuisances. Justification for Future Land Use Designation - The requested future land use map designation is necessary to implement the terms of the Settlement Agreement and is compatible with the general character of development in this area. Natural Lands Compatibility- Environmental concerns include impact to the Howell Creek floodway, the lOO-year flood plain and existing on-site wetlands, reduction in wildlife habitat and tree canopy. The site is heavily vegetated and its development into residential units will have significant environmental impacts which are required to be mitigated. An individual Environmental Resource Permit (ERP) is being sought through the SJRWMD in order to carry out the development. Floodway- Howell Creek is a major regional floodway that flows through the site from south to north across the southeast portion of the property. Howell Creek originates in the City of Orlando and runs for approximately 15 miles to its discharge point at Lake Jesup. Howell Creek is the predominant drainage feature in the Howell Creek Basin, which has an overall watershed area of approximately November 26,2007 City Commission Public Hearing Item 501 Page 6 of 11 55 square miles and encompasses ten jurisdictions in Central Florida. At the proposed site, the FEMA flood maps identify Howell Creek as being within the lOa-year floodplain. The lOa-year floodplain is an area representing the land subject to a one-percent or greater chance of flooding in any given year. At a creek or river, the FEMA flood maps frequently divide the area ofthe lOa-year floodplain into a "regulatory floodway" and a "floodway fringe" (see sketch below). 1oo,,"r FICIQ(lpt.aln 100 Year r 100 Year U~_L_v.__E~ed FloodWllY Floodway ~ (al Cro6$ SecIlon (b) Plan View The regulatory floodway is the flowing portion of the drainage channel and is considered an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential (ref. City Code Section 8-55, below). Section 8-55 ofthe City Code, Standards for regulatory floodways, states "Whenjloodways are designated within areas of special jlood hazard, additional criteria will be met. Since thejloodway is an extremely hazardous area due to the velocity ofjloodwaters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including jill, new construction, substantial improvements and other developments. (2) The prohibition shall not preclude the city or other governmental agency from performing maintenance or jlood control improvements in the jloodway to maintain the viability of the jloodway. " November 26,2007 City Commission Public Hearing Item 501 Page 7 of II Because of its hazardous nature, all encroachments into the regulatory floodway are prohibited under the City Code, including fill. The floodway fringe is the area between the floodway and the 100- year floodplain boundaries. Encroachments into the floodway fringe are not prohibited by the City Code but are not recommended due to the impacts these encroachments could have on the channel cross section and the hydraulic performance of the channel. The proposed development plan shows two encroachments into the regulatory floodway. One is at the building located at the east end of the east cul-de-sac, and the other is at the proposed stormwater pond at the south end of the site. These encroachments are prohibited by City Code and cannot be allowed unless the floodway limits on the FEMA map are officially moved by a Letter of Map Revision (LOMR). The developer has indicated that they intend to pursue a LOMR through FEMA to relocate the floodway limits based on inaccuracies on the existing flood map. The floodway limits for Howell Creek on the flood map do not coincide with the actual limits of Howell Creek in some areas, especially near the north end of the site where the creek meanders to the east. Staff supports changes to the flood maps that make them more accurate when sufficiently supported by engineering analysis. The Applicant is proposing two phases for the development. Phase I consists of 14 buildings and includes all buildings that do not directly encroach into the regulatory floodway. Phase II includes one building that encroaches into the regulatory floodway. Phase I includes two buildings that impact the floodway fringe, and another three buildings that could impact the floodway fringe with fill depending on how the site is graded. Each building contains four condominium units. Encroachments into the floodway fringe are not recommended. Impacts to the floodway fringe can be minimized through the use of retaining walls. The table below summarizes the 100-year floodplain impacts as shown on the approved concept plan. Summary of 100- Year Floodplain Impacts Condominium Units Condominium Condominium Units that may impact Encroaching the Existing Units Encroaching Floodway Fringe due to fill Regulatorv Floodway the Floodway Fringe Phase I 0 8 12 Phase II 4 0 0 Total 4 8 12 Floodplain- The site lies within the 100-year and 500-year floodplains. Comprehensive Plan Infrastructure Element Objective IV -D-3 states "The City shall restrict development within the 1 OO-year floodplain to those uses which will not adversely affect the capacity of the floodplain to store water. " Comprehensive Plan Infrastructure Element Policy IV-D-3.3 states "Where feasible, the floodplain shall be reservedfor conservation, open space and recreation uses to preserve the natural flow of runoff. " The floodplain issues can be mitigated by reengineering the floodplain and providing extra compensatory storage to intercept some of the flow. Current volumes, velocity, and elevation characteristics ofthe floodplain would be required to be maintained and compensating storage ponds would be required to provide a stormwater storage volume equal or greater than the areas within the floodplain that will be filled. The compensating storage areas are proposed on the golf property, outside of the subject property. November 26, 2007 City Commission Public Hearing Item 501 Page 8 of 11 Staff has concerns about possible encroachments into the 100-year floodplain at this site, for the following reasons: 1. Howell Creek is a floodway of regional significance that drains a watershed 55 square miles in area. Changes to the channel cross section, including encroachments into the floodway fringe, could reduce the channel capacity and/or create additional adverse impacts. 2. Creek bank erosion has been a problem in the past at this location for several adjacent Chelsea Parc properties abutting the east side of Howell Creek. In 2005, a creek bank stabilization project was constructed along the east side ofthe creek under the City's emergency watershed management agreement with the Natural Resources Conservation Service. The project included retaining walls and other erosion control items at a total cost of approximately $48,000 to the City. 3. The compensating storage ponds are located upstream of the floodplain areas impacted by the project. While the overall compensating storage volume may be sufficient, the changes to the channel cross section at the floodplain encroachment areas could still cause floodplain changes not completely mitigated by the compensating storage ponds. The applicant will be required to demonstrate the following: 1. No increase in the base flood elevation on any upstream, downstream, or adjacent property; 2. No changes in the channel velocity upstream, downstream, or at the site; and 3. Compensating storage ponds have adequate volume, are located in the same drainage sub-basin, provide all compensating volume above the seasonal high groundwater level and below the base flood elevation, and they are functional such that displaced stormwater runoff can be diverted into the compensating storage ponds. Wetlands- The Applicant's ecological consultant (Breedlove, Dennis and Associates) has flagged the wetland line, pursuant to the Army Corps of Engineers' criteria. According to the consultant's report, the wetland is degraded and there were no observations or evidence of protected species on-site. Under the proposed development plan, a total of3.32 acres of on-site wetlands and .06 acres of off- site wetlands will be filled as a result of the construction of the condominiums and associated stormwater management system. Additionally, a total of .18 acre of upland cut ditch (surface water) will be impacted as a result of the proposed development of the property. A Dept. of the Army. Corps of Engineers Individual Permit is being sought concurrently with the SJRWMD ERP. The 3.38 acres of wetland impacts is proposed to be mitigated by preservation of other wetlands, creation of new wetlands and the preservation of undeveloped uplands. As part of the mitigation, the developer is proposing to place the area of Howell Creek into a conservation easement. The development potential of the site is as follows: Mitigation Strategy Building Units 1. No mitigation - avoiding wetlands, floodplain, and floodway 2. Mitigating wetlands only 3. Mitigating wetlands and floodplain only 12 48 56 November 26, 2007 City Commission Public Hearing Item 501 Page 9 of 11 4. Mitigating wetlands, floodplain, and floodway 60 Consistency With The Comprehensive Plan - The site will retain its Conservation Overlay designation. Future Land Use Element Policy 1.1.7 states, "Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas, hydric soils/wetlands (as defined in the Conservation Element), special vegetative communities, areas within a public water well radii of 5 00 feet, 100 year floodplain areas, and other areas subject to environmental or topographic constraints. Conservation Overlay areas are subject to the following conditions for approval: . A final determination of the suitability for development of any individual parcel, as it relates to a Conservation Overlay area on the Future Land Use Map, shall be determined prior to issuance of any development approval. . The Conservation Overlay area on the Future Land Use Map is not to be considered the exact boundary of the conservation area, but to act as an indicator of a potential conservation area. The exact boundary shall be determined by a qualified professional at the expense of the Developer. . The Conservation Overlay area is not all inclusive and other areas that do not fall within the boundaries that meet the definition of conservation areas are also subject to the regulations affecting them. . Development approval will be subject to an Environmental Impact Study as to the extent of the impact of development or redevelopment for any lands within Conservation Overlay areas. . Natural resources discovered as a result of the required Environmental Impact Study will be protected. The Environmental Impact Study will require that a qualified professional analyze the natural functions of eco-systems and connectivity of resource corridors. A conservation land use designation or a conservation easement will be required to protect the functions of natural resources. Mitigation may be allowed on a case by case basis through the appropriate reviewing agencies. . If an area within the Conservation Overlay area is determined to be developable and all mitigation requirements have been met, then the underlying land use on the Future Land Use Map will apply. . A change from Conservation Overlay to a Conservation Land Use designation will not require State approval if the area is already shown as Conservation Overlay on the Future Land Use Map. . Any property in a Conservation Overlay area is encouraged to undergo the planned unit development procedure which includes site specific plan approval and the clustering of density to protect these areas. " Policy 1.4.1 ofthe Conservation Element in the city's Comprehensive Plan (CE) states, The City shall continue to protect the natural functions of wetlands through the Conservation Overlay on the Future Land Use Map and the Conservation Land Use category, as defined in the Future Land Use Element. Wetland, floodplain, and floodway mitigation issues on the subject property must be satisfactorily addressed in order to permit the sixty residential condominium units to be constructed. All such November 26, 2007 City Commission Public Hearing Item 501 Page 10 of 11 encroachments are subject to review and approval by the City and FEMA. CE Policy 1.4.6 states, If direct impact on upon wetlands by compatible uses cannot be avoided, the following mitigation measures are applicable: . Mitigation will be allowed based upon no net loss of wetland functions. . Comply with the wetland protection standards of federal, state, regional, and county agencies. . Minimize impacts through innovative design layouts. . Compensate for impact by enhancing other degraded wetlands on-site, restore natural functions of other wetlands on-site, create new wetlands on-site, preserve significant upland areas, or off-site mitigation. . A Wetland Alteration Permit must be obtained from the City unless federal, state, or county permits eliminate the need to obtain one from the City, as determined by the City. . Mitigation through restoration of degraded wetlands on-site or preservation of significant upland areas on-site will be encouraged rather than wetland creation. Sensitive environmental areas will be placed in a conservation easement (CE Policy 1.4.4). No deviations from comprehensive plan requirements are permissible (Section 163.3194, FS). FINDINGS: (1) The proposed amendment will increase the property tax revenue generated by residential properties in the City once the property is developed. This increase will be somewhat offset by the cost of City services required. (2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated. (3) Impacts to the environment will be mitigated in a manner acceptable to the City so that there will not be an unfavorable impact on the environment or the natural or historical resources of the City or the region as a result of the proposed amendment. Sensitive environmental lands will be required to be placed into a conservation easement. (4) The proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code; (5) As an infill project, surrounded by existing development, the proposed addition of condominium units in this area will enable Winter Springs to provide services in a more efficient manner; (6) The amendment is compatible with the surrounding neighborhoods and land use; Winter Springs Blvd is an urban collector roadway which has capacity for the additional traffic. (7) The amendment will not cause the comprehensive plan to be internally inconsistent; and (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic November 26, 2007 City Commission Public Hearing Item 501 Page 11 of 11 order, or aesthetics of the city or region; and will not adversely affect the contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2007-24, a Small Scale FLUM Amendment changing the Future Land Use Map designation on.54 acres, located on the south side of Winter Springs Blvd., immediately west of Howell Creek and Chelsea Parc at Tuscawilla Subdivision from (Winter Springs) "Recreation and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas). P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning & Zoning Board/LP A on November 7, 2007, the Board I Agency recommended unanimous approval of Ordinance 2007-24, with a vote of 4-0. TENTATIVE IMPLEMENTATION SCHEDULE: Dec. 27, 2007- Public Noticing in Orlando Sentinel (10 days min. prior to adoption) Jan. 14,2008- 2nd Reading IAdoption of Ordinance 2007-24 ATTACHMENTS: A- Noticing in the Orlando Sentinel B- P&Z/LPA Minutes from Nov. 7,2007 C- Ordinance 2007-24 including Map & Legal Description D- Future Land Use Map, November 2007 CITY COMMISSION ACTION: ATTACHMENT A .' SE SUNDA v, OCTOBER 28, 2007 'j 15 L ~. ~. ... 'Iorlda' 33410 ' 'E PELLAR E DURAND I. R ichmand illinois 60618 lQulre 6 0121. 28, 2007 :OURT FOR ~ br.sl~:g~ 117-1:P-II01&57.0 .viIiH: P,obe" /TORS tile estate of . I, deceased, as March 20, 101 Securltv Is ""nding In )range Cour\- Division, the 25 North Or. ,do. Flarldo 'oddresses of entatlvels ot. lOW. leeedent ond claims or de- nt''S estate on notice Is reo 'nd must file court WITH. 3 MONTHS E OF TH E )N OF THIS ,YS AFTER NICE O'F A 10TICE ON tile ~tdent ~fl~~faY~ ' ~tt~~4R~ FIRST PUB- NOTICE. ' , SO FILED E PERIODS :TION 733.702 ' \ PROBATE FOREVER ; THE TIME lTH ABOVE. 1l=lE~OT~2J : OF DEATH Ir,'tion of this J-ksooATlm: . T. Rodvers , ~~FJa ~~~~~ rd A. Rodvers 1421 Ulvsses Co or~do 8001 OIW.' . ,Ir. 1330 /loue 01 -4200 10121, 28, 2007 "TION HM~IG~~~~n 1H630 :0 thot an oc. ~ fg ti'.:;V~~~ wit: 490 Abba orlngs. Florida, nst yoU In fhe I 18fh Judicial mlnol. County, as Alfonso and ~o.~~~t~R; ..d to serve 0 In defenses, If >liP. Gleasan, _se address . OrlGnda, FI {ember \5, 2007 with the Clerk before service ornev or imine- ,tIlerwlse a de. ,d against vau ld In the com. r 4. 2007 'cuil Jud~,28. Legal notices Public Hearing Notices CITY Of WINTER SPRINGS LOCAL PlANNING AGENCY WILL HOLD PUBLIC HEARINGS FOR ORDINANCE NO. 2lIG7-24 t~M9,{W!tbANN~~ ~ki~rT~16~ WINTER SPRINGS. FLORIDA. *B2~T~~tJW'~~Ci~E~g: MENT BY CHANGINIJ THE FU- TURE LAND USE MAP DESIG. NATION OF THE REAL PROP.. ERTY CONSTITUTfNG PORTIONS OF TWO (2J PAR. ~5~~ ~H1ls~NAGN6'A1~~CfL~ LY LOCATED IMMEDIATELY WEST OF CHELSEA PARC AT TUSCAWILLA SUBDIVISION IN 'ftl 'bT~~ ~ ~ Rt ~~~ I Eae~ ~DLIly D~PICTED AND LEGALLY DE- SCR/BED ON EXHIBIT 'A' AT. TACHED HERETO. FROM CITY OF WINTER SPRINGS 'RECRE. ATION AND OPEN SPACE' ~ITH E?~~ E~~ A~18~~ g~ Ef~:1 N~~ 'MEDIUM DENSITY RESID~' "riAL' WITH CONSERVATI N O'VERLAY; PROVIDING F ,R THE REPEAL OF PRIOR INC N. SISTENT ORDINANCES AND rJ~g~~~~~~ 1~1i'1M~' L+~~ COMPREHENSIVE PLAN, AND, AN EFFECTIVE DATE. DRDtNANel NO. 2001.25 AN ORDI. NANCE OF THE CITY COMMIS- SION OF THE CITY OF WINTER SPRINGS. FLORIDA, CHANGING THE ZONING MAP DESIGNA. kl~At OtR~~~~W '~~~~~,Ae~ lOCATED ALONG FLORIDA AV- ENUE AND LAKE L,UCERNE elRCI.E IN WINTER. SPRINGSE" . FLORIDA AND LEGALLY 0 . 'SCRIBED IN" EXHIBIT '1\, AT. TACHED HERETO FROM 'C.2 GENERAL COMMERflAf TO 6;.~E~~~~5~1~~1 cJHII'N RIGHT.OF.WAY LEGALLY DE. SCRIBED IN EXHIBIT "A' AS "PUD PLANNEOUNIT DEVEL. OPMENT" UPON VACATION OF SAID RIGHT-OF.WAY BY SEMI. NOLE COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ~~I~I~i,s2~gT~~~SFftc'<rT~ DATE. ~~eb~~~~.~I::r~"Jlrs ~~':.f'. Fc.'" and 5 p.m Manda~ thra\IIJh rldav, at the dlv's clfrk's Ofll~e. ocat.a at 1\26 East Sta . Road ~. , ~1~:~J~nl~t'1 rJ8fldf27~3&J 'W{f. Persons with dlsabllltl.s needlnll assistance to parllchlGte In ql\Y af, these proceedings shaulJf CQIl1aet'.. Ih. Empla~ee Relations '!lepart. ment Coordlnalor' 48 hours In ad. vance 01 the meeling 01 (4071 327. '1800. Extension 236. It vau'declde to app.al any recamm.ndatlon , ~~,~~~e Lri~I.inla~'lfe~ srd.red at ms meetYng. you will need a reCord of th. proeeedlngs, ~d f~ e~~~~ePt~'J1o~e:er~gflm'":': cord of the proceedings Is mbde upan wI1i<:h tile GPl>O<llls bGsed. In. terested parties are advised Ihat they mov appear at the meeting and mGV be heard with respect 10 the proposed ordinance Item. SLSS'l6040 Cf/Y OF WINltR SPRINGS LOCAL PlANNING AGENCY WILL HOLD' PUBLIC HEARINGS FOR O<<DINANct NO. 2DOHI AN ORDINANCE OF niE CITY COMMISSiON OF THE tfTY OF Y:A~t'bMPr~~~ht 2g~IJ'~ lrAGNtls THER~OL~)~b OR% PLANNED UNIT DEVELOP. MENT; AMENDING THE 'OEFI. NITlON OF GROSS RESIDEN. TlAI. ACRE AND PROVIDING A DEFINITION AND DENSITY ~8g. rRI6'v~8IN~i=~e!f~l\t~ ...~.l ""',.. "nl^D 'll..r,,1.~C.CT~MT g'o~'t~Vr~~:'~OCj~1 tnla~,.f~~~: srdered at this meetYng. vau will need a record' of the' prlll=eedlngs. ~~~ t~ e~~~~.pa:e:e~f1~~: ~~ ~ll:'I.et~~~e:rrss~~.a~~ terested parties are advised that ~~"cl :a~vJP=/d~1:'r.='1~ . the 'proJlQsed ordlliance lIem. '. ,SLS529503 '" , lOOW7 ,ND!!CE'OF PuBUC Il,fAAIND ~~~e O{I~e~ft~b~oC~~f\I~I;rl~ldt~~ ru:Ji ~egJ7m:onl~'='h:ft~: Cltv HGII Council Chambers. 1600 Nela Avenu., Belle Isllt. Florida 32809 at whlcn meelfng lhe follOW' Ing Item(s) will be cO,ns d.red: Consldmti.. .1 Flul PL!!,~,,,..I flf 1134 MeCol Rotd.M!olI iiih~ =. :lo:I::~co'= ri;~~ W,',... ~ P..lic ,ecords of mro 'w IIso known u P"".I -II.flO; 'WII.d ., SIl elt,U . r.pro- .e...d ~' Mr. Ej1lod ' . Should ant r,rstRlll{lt/1 /0 ap,tal , . g~~~~rt~r~~~'d:r:~gg~"hl~ ' meeting a v'rbatlm rKord 01 lhe r,roceed(ngl 'lolnclu~ .vldenc. or ~~I~~t'1Co~~Jc m~~v~~~~~: ~~~'II~nl...:':r~~rfe'?~bg~~rg:,tV:~ record to be made. ShOuld Gny per. son with 0 dlsa~lIItv as de~rlbed ~I:~I~J~ ~~s~?:\~~~~oDp~~~: ~~t~lnstt~ ~r~~~n8M~a~fa:~ City cYerk 01 ~elle Isle at 407-851- 7730 Gt leasf 24hours In advance of the meellng. Beflnd<>' L. Bateman. MMC , City Clerk OLSS17298 lM8ID7 Sale Notices IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA " CASE NO; 2lIIl7.C~.0 , Dhtoio. 17 N ~Ln~RT~r~ ~TI1lCAtnEAlES f2QIl5.5 v. CAIlUlS PEREZ ad REGIA BAUZON; and all unknawnparlles clalmlnt:y, l~r~~U~~a~~I'::I.a~r. ~ knr:wnto be dtGd or allvl. whether sa d unltnawll PGrtlos claim as h. n devlllts. VrGntft., aSSlln' ee" ifeno.rl,. creditor" Trust~sf ~u~esu& W'JIrd'G m~t~o;ti:; Intended fa QCcounl ~ mS~2 f C I~~I V~ ~~I fN . W R A " WDIf 0 E ASS C AtlgN, INC. Deflndants. NOnel Of 'AlE, Nollct Is herebv given thOt !iursu- Gnt to the Final Judgment at Fore- clClur. dGted S.ptember 26. 2007, In 1111& caust. I will ..U the !croper. ~;:I~~~tJ:sJ~~R~s~GE ountv. TO IN Nfl ID/.l5ID7 ~~I~~rE8' ~W~~rM8::~Blo' a/kIa lt65 Mandavllle Drive, Orlando. Florid<> 32824 Gt public sale. to the highest Gnd ~~nf~dro~rm~u~ll'oc~~:dO~~~~~ North Orange Av.nu., Suit. 350. ~1~~~2. ~~da, at n:aa ,'c1od .... Anv persan Claiming an Interest In the surolus from the sole, If any. other than the property owner as af the date of the lis pendens must lile 0 claim within 60 days oft.r Ihe sole. Dated at OrtandO, Florida, this daY of Oct 09. 2007. LYdia Gordner Clerk of the Circuit Court (CIVIL COURT SEAL) By: LacorshO Whitmore , Deputy Clerk If ~. .It . _ w\1lI . IIwlllly lOb, .... _deli.. II ..... Ie poc:Ilci- .... HI ..... IIMr.HlIIH. ..... .re died . NOnel Of PUBUC SAlE PERSONAL PROPERTY OF THE FOLLOWING TENANTS WILL BE ~~l.tfT!eV:lJr ItO lN~~FD~ ANCE WITH FLORIDA STAT. UTES. SELF STORAGE FAClLI. TY ACT. SECTlON,5 83.806 AND 83-107: ' .:" U-\llCK-f1 SELfrTORAGE UNIT 4114' ALAN JAcUON PWMBIN9, ' INC. / ALAN JACtCSON ,~ CONTENT,S MAY INCLUDE KITCHENG HOUSEHOLD ITEMS, g~Z.W plCUKGEGo"~hfg~~: FURNITURE. TOOL~ CLOTH. ~~RE:rkU5K~TI.~ArJR NH~: CLES SO 0 AT LIEN 'SALE. OWNERS ESERVE THE RIGHT TO BID ON UNITS. LIEN SALE TO BE NON THE PREM. ISES ON BERM AU:80 PM VIEWING ILL E AT THE TIME OF SAL~ 0 ~ Y. U.LOCK. ~~iJ~SA~T~ItNh ~~~l.O,Jt 32792 01;~7257 lMl. 21, 2007 'NOTICE OF PRUBpLEICRTSAyLOEF THE .PERSONAL Pi 0, .. FOLLOWING TENANTS WILL BE SOI.D FOR CASH TO SATISFY ~~~J AJilf~E~Eol~1 tfCsq.~~: UTES. SELF STORAGE FACILITY ACT, SECTIONS 83-806, 83-807. PERSONAL MINI STORAGE FORSYtH UNIT' 609 MICHAEL WANG UNIT , 38~ CHLiE JOHNSON UNIT' S7 E~ N M. C1HUZIOy UNITI 566 KE 1N\'MCEl ANE UNIT' 234 S VESTER VARGAS CARRERO . UNIT' 9301 DENNY CELESTINO SANTIAGO UNIT'241 KEVIN SCOTT CONTENTS MAY INCLUDE KITCiENG HOUSEHOLD ITEMS, ~~Z. IN PA'c'kGEGDA~~Rfg~~; FUR NURE. TOOLs.. CLOTH- W&RTl-~~I~hrtr€' fJhEHI- 5~NSE~N)tsI~~!NT~~L~iGHT )0 IUD ON UNITS. LIEN SALE TO BE HELD ON THE PREMISES ON 11/07/07 . ~~ING WILL BE AT THE TIME OF SALE ONLY. ' P.liRSONAL MINI STORAGE ~7nbTrsYTH ROAD WINTER PARK. FL 32792 (lLSSI8S77 . lMl,28, 2007 - Suit Notices iN THE CIRCUI'T COURT OF THE 9TH JUDICIAL CIRCUIT l~cfu~~.f.0~t8'IfiNDli,t GENERAL JURISDICTION DIV= WENo.~ ~ENERAL ELECtRIC CAPITAL CORI'ORA. ON, lalnllff" vs ~~~J'~L Dele~onts. NonCE OF ACTION TO: RELIANCE ENTERPRISES. LLC and BHAVESH RAMESH PA. TELl gast known addresses: 522 ~ ranr Id 01 ~~7~f.u \~~fldFa~il8f~~,; Slreet. Wlnfer GGrden. Florida ~~'l.:~k:'IY:1~?S: J1M~~~i-r~~i address unknown, and all oth.r POrtles hOvlng ar clol",lng to hove.. anY right. title or Inttresl In the E. Studio 210DC Color Copier (serlGI number CNJS304U) and related ac- cessories as Id.nllfied an Invai~ Number 3 2579) and the E.Sfudlo 600A Digital Copier lserlal number CQA6143621 and r.lo .d accessories (01 Identlled on Invoice Number ~S6l5) (callectlvelv r,'erred to as the ~ Equipment:) , YOU ARE HERlIY NOnRElI of the Instl. tutlon 01 this action ~Inst eou by t~I(~'I~~~lthrEC~RP~~A T1a~; sllklng to compel retain permo. nent _sian of the Equipment arid for dGmages reSUlting tram the fallur. 10 make payment. You . .t..... "a ......... _ .......... "', l/~~~g~~i~td~IMf~t ~ft:'eml'BI~~ Irlct"), having f led its Complaint lor Validation at not to exceed f~~i~d~~;J~C~rh~"J~~~t g~:et apment Dislrlct Capitol Improve' ment Revenue Bonds, in one or :;'~:a~i"~~efn (~hn~ 't~gnd~J{d '1~~~ prolnt and the Exhltil'ts Q.ttached thereto thai the Plstrlct has adopt. ":~a~c~e~I~~dn 1l~:~ri~~nV~~h~~: Pqse of prOVfdln& funds, together :r::~h t~~'~o~~~.I~f~cf~~~S"n~.(~X: structlng. and e~UIPplng the com. ~n~n~sr~rci~ (a~Pd:7i~~mr;~~fd complaint)1 and It also appeoring ~~g{e~"b~ s~~ f~~::';I~~~n~dtoE~ hlblls bY Chapter 75 of tile Florida Statutei are contained therein, and that the Dlstrlc,t prGV' Ihot Ihls Court Issue on order as dlr.cted bv said Chapt.r 75, and the Court be, ~~v/.ui~~a'i~~ted In the premises. It IS ORDERED that all taxpovers, fj,~r,rJr.a~~~~I~~ ~~t~~~~:I~~m~ \fo~I~~:I'ii.e~Z rhe'~~~~ o~ ~y~~: ~~,; Wrn~~g~um~I:{atrrt,~~rrn"~~J : t~~G~ ~n~'rfJre:i(ge o,OroJ'f. at the hour 01 ~1:3DAM of sold day, Lee 'Ann Freeinon betore Judge George Sprlnk.IIY In lMI. 21. 2007, ~~ ~~~g~r~~U~~v;~~:,t~a;j:~~~ Florida 32801. ~auntv of Orange In t~~d p~~i~t~ g,n~h~h~~ri~I~'~iwro~ the validation of the BondsShauld ~~c":eS[~;~eM~~f~~ ~~t~~~ mGllers set forth In sold Com. p~~ln~ ,~0~~1d nc?~rr\'"laj~V.dot'd os W I~ fURtHER ORDERES that prior to the dot. set for the hearing on sold '~f'i'l.f~G~~LWshglld~ci~~' g'"~g.'~~ 1r.I~e~y~l~ a8~0~::Ye~t~0~ on~e Orlando Sentinel. a newsoaw pOb- IIshed and of gen.ral clrculO1lon In Orange County, being th. COijnfv nher.ln said Complaint for l/aUdo. :~~ 1~)f~~~sefu1fv:a~~e~:,eto~~ ~~I~~I~afl\~otl~ I~~~t J:~~I~~~~~ (20) days prior to the date le"Iar ~~~E"1'fdn8RDERED at the C.;jrt, house in Oron~e County. Flar-l,do. this 27 day 01 ~~r~~prlnkel'.IV CIrCUit CourtJtid~e P.rsons with dbabllltles nee6ing fr:~~~1 ~;c~~~a"Jl~nl~r t~1s~:;~: ceedlng should conloct Court -.Ad. ministration at ~2S North Oro~ge ~ci~g~i ~~I~~e~:neD[~g~fg3tMI6: ~~5~:f~~~r l7rir~N.J) a~~!s~i~n: via, Florida Relav Servic.. OLS523353 1M!. 28, 2007 iile the 'original of the written de. ~1r:~ ';i~~et~r~!~~ko~\~~Jt'::l~~ Iy thereafter. Failure to serve wrll- ten ~etenses as required mav reo suit .n a judgment or order for the reliet demanded In the petlllon, without further notice. WITN ESS mv' hand and Ihe seal of Ihls cour,t on 9m~ 2007. MA YANNE MORSE As lerk of the Court (CIRCUIT COURT SEALl , BV'JIB~~u~ "lr:r'~ SLS3049I lDl28, 1111, 2007' Miscellaneous Legals IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY. FLORIDA ' CASE NO. 4I'Z~~ifo~4~ IN RE: fDAFE/TURE Df 1991 MITSUBISHI ~~~TJ1..~eS31 pmPOO7306, NonCE OF fORfEituRE to Hiram R: Ortiz. and 011 persons who claim an Interest In the 1998 Mltsublshl Mont.ro. VI N. JA4LS31P<4-WPOO7306 seized on or about 7131/07 at, or about 5725 S. ~~~a~~~r~rtpr~~~r~~ols ~:,o~~: custody of the OrlGndo Police Dept. Anv owner. entity. bonaflde lienholder. or persan In posses~lan 01 the property when seized has the right 10 request an adversarIal pre- ~<>"J~~O~~t.'J.eG[lgfto~o~rgm"~~~aS~~ cult court w'llt3n 15 days afler Inl. tlal receipt, 01, nollce by sending a ~ciJ~~~? 6:~~~~lfI~~ ~gn~s::t~~~ receIPt r.qwest.~. A petllion for forle ture has been Or will be tiled In the obGve-stvled court paM: t~:orA~ev'r:~ Orlondo, Police Deportment P.O. Box 913 Orlanda, Florida 32102-0913 (407l 2<6.2464 Fla. Bar No....057D321 I HEREBY CERTIfY tliat a Irue and cor. rect COoV ot lhe foregoing Notice of Forf.lture and a,true Gnd correct CODV at the P.Ilt1on for Final Judg- ment of Farfelfure will' be mGlled by U,S. mall"can the 19'dGY of Sep- tltmber 2007. to 'all persons entitled IG notice. 0I.S518838 . ... IN THE CIRCUIT COIJRT OF THE NINTH JUDICI~L CIRCtJIT, ~~t,:j8 FOR ORAN E COUNTY. 'bsE NUMBER: U).CA.IZm-O OIVlSION NUMBER: :14 IN RE: FORfEllURE Df $9.700.~ IN U.5. CURRENCY ,..llOtlelOF FORFfItuRE COMPLAINt Ill: lllACEY?!, ARt 4QI S. K1R1 AN RD. ORlANDO, 12111 C1fARUI ':~RJ BLVD. = HOI1'\!!,l)~!D, CA "607 and 011 others who claim on Inter- tst In S9,79D.:rz In U.S. Currency, r~~~~~ l~~~t~f. gr:tn:~~ 4630 $. Kirkman Rood, Oranlle County, Florida. Sold property Is Ih tile custodv of the Sheriff of Or. r~'~r~~~~tte:;' 7IY~PI~lrti.~bcl~~: stvled Courl. I HEREBY CERTIfY that this Notice Is being served pursuanttp the nolice provisions af Florida Statutes 932.701.707. this 12 day at' October, 2007. Ann Marie Dei~h'unty A..r.\'i,'~t'G:~:ra~Oto=l Orange County Sheriff's Olllce ~e~~sf'l~igra~::e~ Orlando. F L 32804 1407) 25407170 Ml. 21. 2007 OLSS23704 IN Nlm COUAT Of tHE CIRCUIT. IN AND l~jR1R:J N"...;'&I MI L IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT 2~ 6H~5kA~lR.rGrLg~\?~T ~~ FLORIDA GENERAL CIVIL DIVISION Cu. No, ZOIl7-CA.12114 Divisi" 33 PAWZD DEL LAGO COMMUNITY DEVEL. OPMENt DISTRICt. Plaintiff, v. }'}.ExVt~~a~ ~~~WtE~-fi.f OVJN~ ERS AND CITIZENS OF PALAZ, ZO DEL LAGO COMMUNITY 'DE. VELOPMENT DISTRICT, IN- CLUDING NON.RESIDENTS OWNING PROPERTY OR SUB. JECT TO TAXATION THEREIN, Defendant. NOnCE AND ORDER to SHDW CAUSE WHY SAIO BONDS SHOULD NOt 8E _~OAltD ANO CDNflRMED TO THE STATE OF FLORIDA, ~~~/~~Jllti~5 ~fr~fJlrfs OF PALAZZO DEL LAGO COM. MUNITY DEVELOPMENT DiS, TRICT. INCLUDING NON-RESI. DENTS OWNING PROPERTY OR SUBJECT TO TAXAlION THEREIN: tN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDACASE NUMBU: 17,cA.12IZf-0 DIVISION NUMIER: 33 IN RE; fORFEITURE Of 1998 CHEVY PICKUP, TRUCK VIN lGCCS19X2WI147S17 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2007 PAGE30F9 VOTE: BOARD MEMBER KARR: AYE VICE CHAIRMAN HEATWOLE: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Ordinance 2007-24, A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And Chelsea Parc At Tuscawilla Subdivision From (Winter Springs) "Recreation And Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU (Dwelling Unit)/Acre) And "Conservation Overlay" (On Those Affected Areas). Ms. Sahlstrom introduced this Agenda Item and said, "Staff does support this change to Medium Density Residential but also recognizes that there are some issues to still be resolved as the Applicant moves forward with his development and with his mitigation." Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the Board Members related to this project. Mr. Corkery said, "As far as what I am going to develop on there, there is no endangered species. There is none of that there. The vegetation wetlands is a very low grade. So far, our response and what we got from St. Johns [River Water Management District] environmental engineer is, we don't foresee any problems. One thing - I am concerned about, and being a citizen of Winter Springs, is to make sure that the flow at Howell Creek doesn't get disturbed at all. What I am trying to do with our Engineer - David Schmidt, is make that flow even better than what is existing out there." Mr. Corkery said, "We are taking approximately - three and a half (3.5) acres of existing Tuscawilla Country Club property not even in Parcel 7 - I am taking less of Parcel 7, approximately a little over - ten (10) acres, and I am only using approximately six point eight (6.8) acres of that - [Tuscawilla] Country Club property to build the sixty (60) carriage homes." Brief discussion on this project. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2007 PAGE40F9 Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM '501' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER RYSER: AYE CHAIRMAN POE: AYE VICE CHAIRMAN HEATWOLE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Requests That The Planning And Zoning Board Hold A Public Hearing For Ordinance 2007-29, Which Shall Amend The Text Of Section 20-351. And Section 20-354. Of The City's Code Of Ordinances With Respect To Part "A" PUD (Planned Unit Development) Density Calculations. Ms. Sahlstrom presented this Agenda Item. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. Tape 1/Side B "I MOVE THAT WE RECOMMEND THE PROPOSED PUD (PLANNED UNIT DEVELOPMENT) PART "A", CODE TEXT AMENDMENT AND RECOMMEND APPROVAL." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN HEATWOLE. DISCUSSION. ATTACHMENT C ORDINANCE NO. 2007-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING PORTIONS OF TWO (2) PARCELS TOTALING 7.54 ACRES MORE ORLESS AND GENERALLY LOCATED IMMEDIATELY WEST OF CHELSEA PARC AT TUSCAWILLA SUBDIVISION IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF WINTER SPRINGS "RECREATION AND OPEN SPACE" WITH CONSERVATION OVERLAY TO CITY OF WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAL" WITH CONSERVATION OVERLAY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOL UTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187 (1)( c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on November 7, 2007, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2007-24 Page 1 of 3 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 Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit" A" from City of Winter Springs "Recreation and Open Space" with Conservation Overlay to City of Winter Springs "Medium Density Residential" with Conservation Overlay. Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with section 163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date ofthis Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this City of Winter Springs Ordinance No. 2007-24 Page 2 of 3 Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part ofthat plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2007-24 Page 3 of 3 Exhibit 'A' Ordinance 2007-24 " ..~~!~~.~.~~-~,-~~- DESCRIPTION: A POR110N OF LOT 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK " PAGE 38, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWlLLA PHASE I, AS RECORDED IN PLAT BOOK 45, PAGES 82-83: THENCE ALONG THE SOUTH UNE OF TRACT A, CHELSEA PARC AT TUSCAWlLLA PHASE I, PLAT BOOK 45, PAGES 62-63 NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWlLLA, PHASE I, PLAT BOOK 45, PAGES 82-63 NORTH 87"21'25" WEST, A DISTANCE OF 446.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87'21'25" WEST, A DISTANCE OF 113.51 FEET; THENCE NORTH 67'55'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 2312'11" WEST, A OISTANCE OF 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 2312'W EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH 00,5'46" EAST, A DISTANCE OF 116.55 FEET; THENCE NORni 6113'03" EAST, A DISTANCE OF 11.74 fEET: THENCE NORTH 00'24'38" EAST, A DISTANCE Of 183.86 fEET; THENCE NORTH 00"26'43" EAST, A DISTANCE OF 193.64 FEET; THENCE SOUTH 89'56'36" EAST, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOU TI1 ERL Y HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 1218'30" AND A CHORD DISTANCE OF 491.51 fEET WHICH BEARS SOUTH 83'49'21" EAST; THENCE EASTERLY ALONG niE ARC OF SAID CURVE A DISTANCE OF 492.46 FEET; THENCE SOUTH 12'07'45" WEST, A DISTANCE Of 161.19 FEET: THENCE SOUTH 70'22'15" WEST, A DISTANCE OF 109.14 FEET; THENCE SOUTH 68'49'03" WEST, A DISTANCE OF 178.51 FEET; THENCE NORTH 85'53'45" WEST, A DISTANCE OF 96.79 FEET: THENCE NORTH 88"48'42" WEST, A DISTANCE Of 80.84 FEET: THENCE SOUTH 00'04'17" WEST, A DISTANCE OF 125.75 FEET; THENCE SOUTH 29'35'27" WEST, A DISTANCE OF 70.03 FEET; THENCE SOUTH 00"23'58" WEST, A DISTANCE OF 168.28 FEET TO THE POINT OF BEGINNING. CONTAINING 7.54 ACRES (328,635 SQUARE FEET), MORE OR LESS. ATTACHMENT 0 TUSCAWILLA GOLF COURSE (\ L---) r-\ 1 \ ~UID~R . oSR j I~~~, ~.,fc:5~~L IJ X'/" 1nu~" l~ ~~{~ :;:lWsC6<:- - l~~~ '~! il/(-O~~br~~S-Y><:.--J'~ ~~D--~.~~_. _;Y _-~V\}Uu ~~. -Ll~U~ 1-17r_lym1mm~"'il\ r- ~ \~ ~ L-.. ===-~.. - ' L~~;----/- WINTER SPRINGS BLVD. - . ---- . J ,~/ ...,........-! I / '-V ~ \ \ \, Proposed Change 7.54 AC /" /-<, Legend Recreation And Open Space / ~ ConSefva:ionOverlay To Medium Density Residential '~i;; 1c//~ D High Density Residential >-.. ._-_~ D Low DensIty Residential I~ \ W"'":"'t Medium Oen5ily Residential \ \ DOut '---'").-f Q Public I Selll-Publlc ./ 0 Reaealion 1 is ::'~R'_~ d~ o 150 300 Fee: liCO N .4p.... . Congressional Homes Developers of Florida Tuscawilla Greens City of Winter Springs Proposed Future Land Use