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HomeMy WebLinkAbout2006 01 09 Public Hearings 201 Ordinance 2005-29, Large Comphensive Plan Amendment COMMISSION AGENDA ITEM 201 Public Hearing January 9. 2006 Meeting MGR. REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading and Transmittal of Ordinance 2005-29, a Large Scale Comprehensive Plan Amendment, referenced as LS-CPA-06-01 which changes the Future Land Use Map designation from "Industrial" to "Medium Density Residential" for seven (7) parcels containing 47.27 acres, more or less, less areas 1 & 2, located between Shepard Road and Florida Avenue. (This item was postponed from the November 1, 2005 meeting, to date certain, the December 6,2005 meeting.) PURPOSE: The Keewan Real Property Company of Winter Park, Florida, has initiated the request for a Large Scale Future Land Use Map Amendment, changing the Future Land Use Map designation for the existing 47.27 acre (more or less) vacant property so that it can be developed into as many as 334 residential townhouses. 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 ad outed comurehensive ulan. Florida Statute 166.041 Procedures for adoution of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comurehensive Plan Amendments Section 15-30. Authority, purpose and intent: Section 15-36. Review criteria: Section 15-37. Local Planning Agency Review and Recommendation: January 9, 2006 Public Hearing Item 40 I 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 recommenda- tion, 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 LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: The following summarizes the data the City has been able to gather related to the Wildwood PUD and the adjoining Dittmer property: Around 1971, the Wildwood PUD was established by National Homes Corporation of Lafayette, Indiana. On July 24, 1973, the Wildwood PUD Plat was recorded with a cluster and patio homes development east of (and including) the Florida Power & Light easement. The western portion of the PUD was intended as garden apartments and townhomes. May 10, 1983- At the request of Walt Dittmer, 30 acres west of the power easement of the Wildwood PUD Master Plan was amended, from all Multi-Family to a mix of Multi-Family, Commercial and Industrial uses. July 12, 1983- At the request of National Homes Corporation, that portion of Wildwood Drive located on the Florida Power Corporation easement was approved for public hearing related to the vacation of the drive since it was included in the amended Master Plan. April 24, 1984- PUD Master Plan Revision adopted by the City Commission. The Multi-Family portion was amended to be Professional Offices. The final plan was a tiered office park concept (Winter Springs Commerce Center) with Industrial development to the west, then Commercial and next, Professional Offices facing eastward and appearing as residential structures. July 10, 1984- The Preliminary Plan for Phase I (illustrating this concept) was approved by the City Commission. (See ATTACHMENT A). The two cul-de-sacs were granted a double variance with the condition that they be linked by a stabilized emergency connection for police and fire vehicles. The design was never developed and the property has remained undeveloped. Sept. 23, 1985- The easternmost portion of the Florida Power Corporation easement IS-feet by 1700- feet dedicated by Mr. Dittmer to the Rustic Woods Homeowners Association as a green belt and 90-day extension given for PUD Final Development Plan. Nov. 26, 1985- A subdivision bond was recorded for the following: 1- Construction of a berm to a maximum height of four feet; 2- Landscaping of such berm; and 3- Construction of a retention system with rip/rap support within such berm. Page 2 January 9, 2006 Public Hearing Item 40 I These were to be located within the 175' wide Florida Power Corporation Right-of-Way as recorded in the Wildwood Plat. Additionally, the construction of a "T" section on Wildwood Drive resulting from the vacation of a portion of the Wildwood Drive right of way is noted. Oct. 20, 1988- Adoption of Ordinance 436, reclassifying Parcel 33-20-30-503-0000-025A (5.850 acres) as part of the PUD based on the petition of Dittmer Properties Inc. (see map on page 4, Parcel "F".) The rezoning of this parcel was granted (according to the ordinance), so that the property might "be included within the boundaries of the adjacent PUD." The City's current maps do not reflect this change. (ATTACHMENT F) 1997- Seminole County Community Redevelopment Agency established the U.S. 17-92 Corridor Community Development Area (CRA) and Winter Springs supported by Resolution. All of the subject property, except Parcel 'F' is included in the CRA. Feb. 16,2005- Large Scale Comprehensive Plan Amendment Request received. Application and Fee returned to applicant based on Winter Springs Code Section 15-32. Sept 2005- Re-Application for Large Scale Comprehensive Plan Amendment Application included only four (4) of the seven (7) parcels: 26-20-30-5AR-OCOO-0210 (23.25 acres); 33-20-30-503-0000-0150 (2.0 acres); 33-20-30-503-0000-0240 (7.450 acres); and 33- 20-30-503-0000-025A (5.850 acres). Oct. 19, 2005-Revised Application for Large Scale Comprehensive Plan Amendment including seven (7) parcels, less areas 1 & 2 (as described in ATTACHMENT B) Oct. 26, 2005- Adjacent property owners within 150' notified by Certified Mail Oct. 26, 2005- Public Noticing in Orlando Sentinel of LP A Public Hearing Nov. 1, 2005- LPA postponed the public hearing to date certain, Dec. 6,2005. Dec. 6,2005- LPA heard the request and made recommendation of "Denial" re: Ord. 2005-29. Dec. 29, 2005- Public Noticing in Orlando Sentinel of Public Hearing for 1 st Reading/Transmittal CONSIDERATIONS: Applicant - The Keewan Real Property Company Owner- Dittmer Properties Inc.; 1006 Shepard Rd., Winter Springs, FL 32708 Location - South of Shepard Road and North of Florida Avenue, adjacent to the Florida Power & Light easement and west of Wildwood and Greenspointe residential communities. Total Acreage- 47.27 acres, more or less. Site Information - The property is included in the US 17-92 CRA Redevelopment District. The parcels are primarily vacant (except for dirt bike racing and unauthorized outdoor equipment Page 3 January 9, 2006 Public Hearing Item 401 storage along Florida Avenue). The parcels have an "Industrial" Future Land Use. The applicant is requesting a Future Land Use change to "Medium Density Residential": The following parcels are included: PARCEL 'A' 28-20-30-5AS-OBOO-015A 3.290 acres LEG BEG 70 FT N 4 DEG 49 MIN 25 SEC E OF SE COR LOT 15 BLK B RUN N 4 DEG 49 MIN 25 SEC E 629.50 FT N 86 DEG 2 MIN 40 SEC E 267.59 FT S 3 DEG 57 MIN 20 SEC E 166.02 FT SWL YON CURVE 60.21 FT S 26 DEG 2 MIN 26 SEC W 301.10 FT SLY ON CURVE 143.86 FT S 85 DEG 53 MIN 25 SEC W 161.12 FT TO BEG (LESS RD) BLK B OAK GROVE PARK PB 7 PG 83 Existing Land Use: Vacant Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL 'B' 28-20-30-5AS-OBOO-0170 3.404 acres LEG LOTS 17 + 18 + LOTS 15 + 16 E OF W LINE OF LOT 21 BLK C LEVY GRANT (LESS BEG 70 FT N 4 DEG 49 MIN 25 SEC E OF SE COR LOT 15 RUN N 4 DEG 49 MIN 25 SEC E 629.50 FT N 86 DEG 2 MIN 40 SEC E 267.59 FT S 3 DEG 57 MIN 20 SEC E 166.02 FT SWLY ON CURVE 60.21 FT S 26 DEG 2 MIN 26 SEC W 301.10 FT SLY ON CURVE 143.86 FT S 85 DEG 53 MIN 25 SEC W 161.12 FT TO BEG & RD) BLK B OAK GROVE PARK PB 7 PG 83 Existing Land Use: Vacant Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL 'C' 26-20-30-5AR-OCOO-0210 23.25 acres LEG LOT 21 (LESS N 579.5 FT OF W 330 FT + PT PLATTED WILDWOOD) BLK C; D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Existing Land Use: Vacant, except for dirt bike racing Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL 'D' 33-20-30-503-0000-0150 2.0 acres LEG EL Y 225 FT OF NL Y 385 FT OF LOT 15 ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: Vacant Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL 'E' 33-20-30-503-0000-0240 7.450 acres LEG LOT 24 (LESS E 25 FT OF S 200 FT) ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Vacant, except for unauthorized outdoor equipment storage Page 4 January 9, 2006 Public Hearing Item 401 Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" US 17-92 PARCEL 'F' 33-20-30-503-0000-025A 5.850 acres LEG LOT 25 (LESS W 204.42 FT OF S 341.94 FT) ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: Vacant Zoning: "C-2" (according to the Zoning Map); however, PUD according to Ordinance 436. Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL 'G' 33-20-30-503- 0500-0000 .500 acres Page 5 January 9, 2006 Public Hearing Item 401 LEG THAT 25 FT STRIP LYING N OF & ADJ TO LOTS 24 & 25 ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: FP&L Easement, Water Retention Zoning: "PUD" Current Future Land Use: "Medium Density Residential" Proposed Future Land Use: "Medium Density Residential" Not included is PARCEL 'H': 28-20-30-5DL-OOOO-0001 6.840 acres LEG 175 FT FLORIDA POWER CORP ESMT (LESS EL Y 15 FT) & VACD WILDWOOD DR ADJ WILDWOOD PB 19 PGS 7 TO 10 Existing Land Use: FP&L Easement; Retention Zoning: "PUD" Current Future Land Use: "Medium Density Residential" Proposed Future Land Use: "Medium Density Residential" Existing Land Uses - All of the parcels are undeveloped. Overflow parking occurs along Shepard Rd for Dittmer Aluminum; dirt biking is prevalent on parcel "c" (according to adjacent property owners); and it has been reported the parcel 'E' is currently leased by Mr. Dittmer to someone who is using it for outdoor storage but no site plan approval or permits have been issued for a use on this parcel. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Sites Undeveloped PUD (WS) and Industrial (WS) C-2 (WS) North Dittmer Aluminum Fabrication C-2 (WS) Industrial (WS) South Equipment Storage and Single C-2 (WS) and Industrial (WS) and Low Family Residential R-IA (SC) Density Residential (SC) East Single Family Residential PUD (WS) Medium Density Residential West Miscellaneous Commercial & C-2 (WS) and Industrial (WS) & Industrial Uses including Car C-2 (SC) Commercial (SC) Dealerships (WS) Winter Springs; (SC) Seminole County; The only Low Density Residential use adjacent to the property is south of Florida Avenue. Development Trends - The most recent development within Winter Springs in the immediate area is Apex Transmission (2005) immediately adjacent to 17-92 and west ofthe property. Other recent development includes a wholesale coffee roaster (2004) and the KIA Dealership (2000). The property representative for the Elsea property (to the south on Florida Avenue) indicates that they get 1-2 letters a week from interested purchasers looking for industrial land. Proposed Future Land Use Classification - The requested change in the future land use map designation from City of Winter Springs "Industrial" to City of Winter Springs "Medium Density Residential" leaves a remaining pocket of Industrial to the south (Elsea property) that would then be surrounded by Residential. The property owner representative has voiced concerns over the resulting incompatibility and his ability to utilize his property for industrial use in the future. Page 6 January 9, 2006 Public Hearing Item 401 Letters/Phone Calls In Favor Or Opposition - Numerous calls requesting information have been received. Letters from two adjacent property owners (Elsea on Florida Avenue and Moretti on US 17-92 [as represented by Ross Bumaman]) have formally objected to the request for a change in the future land use. No other formal correspondence has been received, although intergovernmental notices of the public hearings were sent to the Seminole County School Board, Seminole County, 17-92 CRA, and the City of Longwood. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues, which staff analyzed m reVlewmg this application: Justification for Future Land Use Desienation - The requested future land use map designation is primarily driven by two factors: 1- The market for townhouse development; and 2- The owner's inability to establish the Winter Springs Commerce Center that was granted preliminary plan approval in 1984 after the PUD Master Plan was amended. The current demand for townhouse development is strong. Three hundred (300) building permits have been issued since 2000. An additional 2,212 more townhouse/condominium units are in various stages of approval. Of these, 70% are located within the Town Center. (Densification of the Town Center is not only permitted but encouraged.) Urban Land magazine reported in February (2005) that "the central Florida market has weathered the storms and is poised to continue its tremendous run in housing activity and value growth at least in the short term" (p. 103) Building activity in this area of the city would help to improve surrounding property values. The current demand for industrial land is not as apparent. The property has remained vacant, and therefore it might be assumed that no market exists for its use as depicted on the approved PUD Amended Master Plan. However, Urban Land magazine (February 2005) reports, "The central Florida industrial market, particularly Orlando, also continues to grow... Orlando is one of the fastest growing high-tech markets in the country... Because of Orlando's centralized location within the state, the distribution of goods from this location has always been a positive element relative to the industrial sector" (p. 109) The City has a limited supply of industrial property. Whereas, residential property is able to locate in most parts of the City, industrial property cannot. The Comprehensive Plan indicates that there is a need for an additional 105 acres of industrial land by 2010. Pending the Commission's direction, Staff may reassess this number as part of the 2008 Evaluation and Appraisal Report (EAR). In October 2004, the City Commission directed the Planning and Zoning Board to participate in Visioning Exercises to review and give recommendation regarding the City's commercial and industrial use areas. The visioning exercises looked specifically at the City's existing commercial and industrial zoning districts (including the subject property and properties along US 17-92) and what the City's long term vision might be for these areas. (It was not part of the Page 7 January 9, 2006 Public Hearing Item 401 scope of the visioning exercises to address whether there was a need for more or less acreage in any of the future land use classifications.) The Visioning Exercise process revealed that the City needed additional commercial and industrial zoning categories in order to promote sound planning and to create distinctions between the various districts and resulted in the creation of a new C-3 Highway Commercial Zoning District, as well as the addition of the C-3 permitted uses in the I-I Light Industrial Zoning District. Public Facilities: ROADS/TRAFFIC CIRCULATION: Availability of Access: Direct access is available to the subject property from Shepard Road (north) and from Florida Avenue (south). To the east, Wildwood Drive originally connected to the property through the FP&L easement, however that connection was vacated in 1985. Mr. Dittmer owns property that could give the subject parcel direct access to US 17-92, however, those properties are not included in the applicant's contract with Mr. Dittmer and, therefore, are not a consideration in this request. (See Proposed Conceptual Plan, ATTACHMENT C). Improvements/expansions needed as a result of proposed future land use change In evaluating the impacts of the change in future land use, the applicant has indicated that the volume of residential trips that would be generated by the proposed land use change are substantially less than the trips generated for an industrial use. Pursuant to the Institute of Traffic Engineers (ITE) Trip Generation Handbook, ih Edition, light industrial (ITE # 110) generates 6.97 average weekday trips per 1000 SF of gross floor area. The amount of industrial square footage could be as high as 850,000 SF. This maximum estimated industrial projection would generate 5,925 average weekday trips; 883 trips on the PM peak hour (4-6 PM) of the adjacent street(s), and 782 trips on the AM peak hour (7-9 AM) of the adjacent street(s). The AM peak hour of the adjacent street is the time most pertinent to school traffic. The ITE also calculates light industrial trip generation on a per acre basis (51.80 trips per acre, or 2,449 average weekday trips for the subject property). The AM peak hour of adjacent street(s) volume added would be 355 ( 343 PM) trips. For town house residential (ITE # 230), 5.86 trips per unit for 334 units equals 1,958 average weekday trips. The AM peak hour of adjacent street(s) traffic volume added would be 147 (174 PM) trips. Shepard Road is considered a minor City collector road where it abuts the property on the north and where the applicant is proposing the main entrance to the development. [Shepard Road is a 2-lane collector with a LOS of"C" with a 2001 daily traffic volume of5,226. A LOS "D" capacity is 10,000 trips per day.] Shepard Road appears to have capacity to accommodate the additional traffic that would be generated by the proposed residential use, but would likely require a left turn and right turn decellane at the proposed project entrance. Florida Avenue is a paved local County road and may require upgrading to support an increase in traffic. [No traffic counts are available for Florida Ave.] Seminole County will require a right- of-way (ROW) permit for connection to this road and will likely perform a traffic concurrency Page 8 January 9, 2006 Public Hearing Item 401 review to assess the need for off-site improvements. Additionally, all development within the City is subject to Seminole County traffic impact fees. US 17-92 between Shepard Road and SR 419 is a 6-lane arterial. Between Shepard Road and SR 434, it is a 4-lane arterial. FDOT considers this segment of US 17-92 as having a LOS "F" based on FDOT traffic counts. [It is not known why but, FDOT traffic counts and Seminole County traffic counts vary substantially for the portion of US 17-92 between SR 419 and SR 434. Seminole County traffic counts result in a LOS "D".] The applicant indicates, "vehicle access through Shepard Road will be offset by the proximity to US 17-92." Most of the traffic to and from the site would disperse onto US 17-92. A traffic signal already exists at the intersection of Shepard and US 17-92. Staff believes that significant traffic improvements will be required to both Shepard Road and Florida Avenue, irrespective of whether the site develops as industrial or multi-family residential. A full assessment (traffic study) is required with final engineering site or subdivision plans [Subsection 9-147(c) (2)]. POTABLE WATER: Facilities serving the parcels: Parcels at SR 434 & Shepard Road and SR 434 & Florida Ave. are currently serviced by City water. Access is available along Shepard Road or at the juncture of Wildwood Drive and the FP&L easement where there is a 10" line. Improvements/expansions needed as a result of proposed amendment: The applicant indicates "the additional impacts of the proposed townhome project on public facilities will be offset by unit fees and the possibility of tying systems together to improve service," The subject property will be required to tie into the existing city water line. SANITARY SEWER: Facilities serving the parcels: Parcels at SR 434 & Shepard and SR 434 & Florida Ave. are currently serviced by City sewer. A 10" force main line runs across the FP&L Easement into the subject property providing sanitary sewer access. Improvements/expansions needed as a result of proposed amendment: The applicant indicates, "sanitary sewer will be discharged through a pressure force main to the city system. " RE-USE WATER SYSTEM: Facilities serving the parcels: A reclaimed water line runs from Wildwood Drive south along the eastern perimeter of the FP &L easement. Improvements/expansions needed as a result of proposed amendment: The subject property may be required to tie into the existing reclaimed water line. DRAINAGE/STORMWATER: Facilities serving the parcels: Page 9 January 9, 2006 Public Hearing Item 401 The parcels at SR 434 & Florida Ave. are serviced by the City's stormwater system. The closest access to the existing system is at Tanglewood Road and Wildwood Drive, just east of the subject property. Improvements/expansions needed as a result of proposed amendment: The applicant indicates, "drainage will be accommodated on-site to meet the city and water management district requirements and that the existing lake on the property will also provide adequate outfall for the stormwater drainage on the property." SOLID WASTE: Facilities serving the parcels: The City has an exclusive franchise agreement with a solid waste hauler, Waste Services of Florida, until 2006. The City is currently negotiating a new franchise agreement. Improvements/expansions needed as a result of proposed amendment: Dumpsters are required to be screened by a masonry wall enclosure with an opaque gate. The applicant indicates, "solid waste service will be accommodated through the city's contract waste pickup and that the Seminole County transfer station is within close proximity for waste handling. " ELECTRIC SERVICE: The City of Winter Springs is serviced by Progress Energy for electric service. A future land use change will not impact the current electric rates. RECREATION & OPEN SPACE: Facilities serving the parcels: There are no public recreation or open space parcels adjacent to the area, although within a mile (as the crow flies) are Soldier's Creek Park (Seminole County) and the Cross Seminole Trail. The parcels will also be serviced by the City's extensive park system. Improvements/expansions needed as a result of proposed amendment: The subject property will be required to provide recreational amenities on site, if the property is developed as residential townhouses. The city imposes impact fees for Parks and Recreation facilities. SCHOOLS & SCHOOL CAPACITY: The applicant has indicated that they have agreed to pay the Seminole County School Board an additional $1200 per unit, in addition to the required impact fees, to compensate for any reduction in level of service. FIRE: Facilities serving the parcels: Station 24 on Moss Rd. in Winter Springs is the closest Winter Springs station. Station 17 in Longwood would be first responder as it is slightly closer. Response time would be less than 5 minutes. Improvements/expansions needed as a result of proposed amendment: Page 10 January 9, 2006 Public Hearing Item 401 Buildings over 3500 SF are required to be sprinkled. The city imposes impact fees for Fire. POLICE: Facilities serving the site: Station on 300 N. Moss Rd. in Winter Springs is the closest Winter Springs station. Response time would be less than 5 minutes. Improvements/expansions needed as a result of proposed amendment: None. The city imposes impact fees for Police. Nuisance Potential Of Proposed Use To Surroundin2 Land Uses - The change in designation from (City of Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential" is expected to be more compatible with the existing "Medium Density Residential" patio homes to the east than the current "Industrial" classification. However, the change could result in incompatibility between the proposed "Medium Density Residential" use and "Industrial" uses to the south and west (along US 17-92), both existing and future. Additionally, approval of the requested change in the land use of the seven (7) parcels will leave three (3) parcels to the south (which also have an "industrial" land use and that are not part of this application) as an industrial enclave. Natural Resources Compatibility - The applicant states, "The project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees. " The properties under consideration include wetlands at Boat Lake. No other conservation areas or environmentally sensitive areas are known to exist on the site. SOILS The soils on this property are generally Urban Land. Source: Soil Survey of Seminole County, Florida published by the Soil Conservation Service of the U.S. Department of Agriculture The applicant indicates, "the soil types are highly conducive for development as depicted in the Comprehensive Plan on Map /-3. " TOPOGRAPHY The subject property is predominantly part of a ridge that runs north and south and which includes a knoll that is 20-feet higher in elevation than the adjacent Wildwood community based on the contour information available through Seminole County GIS. The site drains primarily to the east. Part of the site also drains to Boat Lake and to the south. FLOOD PRONE AREAS Boat Lake impacts parcels C, D & E. The applicant indicates, "the proposed development plan includes a 25' upland buffer area adjacent to the lake and wetland areas. This project does not lie in a flood prone area as defined in by the FEMA map". HISTORIC RESOURCES Page 11 January 9, 2006 Public Hearing Item 401 The applicant states, "historical resources will also be addressed during the water management district permit process. " WILDLIFE The properties under consideration may have Gopher Tortoises. An environmental analysis will be required if Gopher Tortoises or other listed species are located on the site and appropriate permits must be obtained before any removal takes place. The applicant has indicated that a full environmental survey will be performed before the project is developed. CONSISTENCY WITH THE COMPREHENSIVE PLAN Consistency with the Comprehensive Plan is determined when the land uses, densities, or intensities, capacity or size, timing and other aspects are compatible with and further the objectives, policies, land uses and densities or intensities in the comprehensive plan. Need for Industrial Land The City of Winter Springs encompasses 9,460 acres (Dec. 2005). Lands that have a Future Land Use classification of "Industrial" include 166.5 acres (Dec. 2005) or 1.76 percent of the City's total land mass. The applicant is requesting that 47.27 acres be removed from the "Industrial" classification. If approved, the City's total acreage of land with an "Industrial" Future Land Use classification would be reduced by 28.3 percent and "Industrial" would then be 1.26 percent of the City's total land mass. The Comprehensive Plan states that additional industrial acreage is required to meet future growth (an additional 105 acres by 2010 [Future Land Use Element, Table 1-4]). An "Industrial" future land use designates land for uses not allowed in other parts of the City. As stated in FLUE Policy 1.5.10, "lands designated "Industrial" on the Future Land Use Map shall also serve as an area to locate authorized land uses and activities which could have adverse secondary effects (e.g. increased crime; neighborhood deterioration and blight; property devaluation; economic deterioration; health risks; and other adverse effects) on residential areas, religious institutions, schools, parks, day care centers, and other public institutions located within the City. " As stated in Policy 1.5.10, it is critical that the City maintain industrial future land use areas for uses that may be considered detrimental to other areas of the City, in order to protect the health safety and welfare of its citizens. Uses considered as obnoxious nuisances do not exist to the same extent that they did in the 1920s when Euclidean zoning became prevalent it may not be in the best interest of the citizens of Winter Springs to use up valuable industrial land for housing. Consideration should be given to the City's potential future need for industrial property. Again, the projected need will be reassessed as part of the EAR process. Need for Residential Land The Comprehensive Plan indicates that approximately 5,579 new housing units will be needed from 2000 to 2010 to serve City residents (based on the Housing Needs Assessment methodology prepared by the Shimberg Center for Affordable Housing in 2000). The City's Housing Element, Page 12 January 9, 2006 Public Hearing Item 401 Objective 1.1 states that the City "Assist the private sector to provide approximately 1,124 new dwelling units ofvarious types, sizes and costs between 2000 and 2005, plus an additional 2,249 units between 2005 and 2010 necessary to house the City's anticipated population through the planning horizon," and Policy 1.1.1 states, "The City's Future Land Use Map shall include adequate amounts of land to accommodate the projected housing growth. " Although it can be argued how much land or what percentage of lands a residential community such as Winter Springs needs for various uses, it is important to give consideration as to how such a change in land use factors into the City's long term objectives and whether such a change enhances or diminishes the City's ability to be sustainable. The "Medium Density Residential" classification includes up to nine units per acre. The applicant has illustrated a conceptual plan that complies with the density requirements of the Medium Density Residential Future Land Use classification. The applicant states, "Based on the city's future residential land needs, this project offers a transition development between the industriallcommercial property on 17-92 and the existing multifamily development to the east. " Land Use Compatibility and Neighborhood Buffering Future Land Use Element, Objective 1.5. Land Use Compatibility, states, "Future development must be consistent with the adopted Future Land Use Map and existing incompatible uses shall not be allowed to expand and shall be eliminated, when feasible" and Future Land Use Element, Policy 1.5.1: Inconsistencies, states: "Proposed land use amendments which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City. " Where incompatible uses exist, neighborhood buffering is required. Housing Element, Policy 2.2.7: states, "The City shall continue to require, through the City Code, adequate buffering and screening of residential neighborhoods from incompatible uses, which could adversely impact existing neighborhoods. Landscape buffering and transitional uses shall be utilized to further this policy, " and Future Land Use Element, Policy 1.5.7 states, "The City shall maintain a landscape ordinance that requires adequate buffering between incompatible uses." The Comprehensive Plan further states, "Light industrial uses may be located adjacent to urban scale residential land use categories only if appropriate transitioning and buffers are provided per the Code of Ordinances. " The FP&L Easement acts as a 175' buffer to the Wildwood PUD. The Wildwood PUD is a Medium Density Residential area. The easement includes existing berming, retention areas, and a vacated right-of-way to further buffer the PUD from the subject property and to prevent access from one property to the other. If the land use were changed to "Medium Density Residential", these actions would have unnecessarily divided similar uses and reduced interconnectivity of residential properties. If the land use were changed to "Medium Density Residential", the remaining adjacent industrial properties to the west and south will require buffering to reduce incompatibility conflicts that Page 13 January 9, 2006 Public Hearing Item 40 I may result. The required buffering will also remove land that could otherwise be developed if buffering were not required. Although not illustrated on the conceptual plan, the applicant indicates, "The town home development will transition to the industrial and commercial property on US 17-92." The existing topography and vegetation on the site currently buffer the site well from the adjacent uses along US 17-92. However, the proposed conceptual plan does not reflect the site's topography and instead, illustrates retention areas to the west and south along Florida Avenue. Although the proposed retention area to the west would physically separate the development from the adjacent US 17-92 uses, utilization of the natural topography would be more effective in shielding noise and views as well. Although the proposed conceptual plan illustrates retention areas along Florida Avenue, no buffer is shown to the Elsea property, also on the south. The applicant has stated, "The project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees. " Wetland & Lake Buffers Future Land Use Element, Policy 1.2.11 states, "The minimum upland lake buffer shall be fifty (50) feet. No fill shall be placed in lakes, except as permitted by applicable state, regional and federal agencies." Conservation Element, Objective 1.4 states, "Wetlands and the natural functions of wetlands shall be conserved and protected from activities, which alter their physical and hydrological nature. Incompatible uses shall be directed away from wetland areas. Implementation activities to ensure the protection and preservation of these areas shall be included within the Code of Ordinance, " and Conservation Element, Policy 1.4.2 states, "In order to prevent development from having adverse impacts to existing wetlands, the natural upland buffer shall be preserved a minimum of twenty-five (25) feet from the edge of the wetland. Where a wetland is unavoidable impacted by development, the development will be subject to the mitigation requirements of the pertinent regulatory agency. " The applicant's proposed conceptual plan illustrates a 25' upland wetland buffer. This buffer will need to be adjusted to 50' to reflect the upland lake buffer. Transportation Future Land Use Element, Policy 1.6.4 states, "The City shall prohibit proposed land use amendments which are anticipated to reduce the LOS for transportation facilities below the standard," and Future Land Use Element, Policy 1.6.5 states, "Land uses that generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems." A traffic study will be required during the final engineering phase. The results of that study will determine further compliance measures, ifneeded. Intergovernmental Coordination The Comprehensive Plan Intergovernmental Element clearly states that the City is to coordinate with other governmental entities as plans are reviewed. Intergovernmental notices of the public hearings were given to the Seminole County School Board, Seminole County, 17-92 CRA, and Page 14 January 9, 2006 Public Hearing Item 40 1 the City of Longwood, but no formal response was received either in support or objecting to the requested change in land use. FINDINGS: · The subject property is within the City with an "Industrial" future land use and "PUD" zoning; · No Development Agreement is known to exist for the subject property; · The 1984 PUD Master Plan and Preliminary Site Plan for the property has expired and is no longer valid; · Development Plans must follow the PUD regulations set forth in the Winter Springs Code. · The following are based on Code Section 15-36, Review Criteria: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region; The proposed land use change will allow the currently vacant property to be developed into 334 townhomes. Although residential development sometimes costs local government more in services than what is realized in taxes, Seminole County has determined that a residential unit with an average sales price of $190,000 will result in a positive return to the county budget over a twenty-year period. Winter Springs does not have a Fiscal Impact Analysis Model in place; however, it can be assumed (given the level of services provided by the City) that housing would need to be valued somewhat higher than the County's break-even point. According to the Applicant, the average unit price is expected to be about $225,000. Additionally, the economy of the City and of the region is derived from more than just residential property taxes. Other factors include job creation, wholesale and retail sales, and employment earnings. These factors are most commonly associated with commercial and industrial land uses and will vary in importance from place to place depending upon what a particular community considers as their economic priorities. (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities; Traffic- Although the proposed "Medium Density Residential" land use will generate less traffic than an "Industrial" land use (as previously documented), any development of the subject property will require significant improvements to Shepard Road and Florida Avenue, concurrent with the development and at the expense of the developer. Any further development will diminish the level of service ofDS 17-92. In situations where a state or federal road cannot be upgraded to accommodate the development, a fee in lieu of the upgrade is required to be paid by the developer to FDOT. Schools- Although the area schools will be impacted with additional students as a result of the change of the land use to residential, the Seminole County School Board has not objected to the development. Additional fees will be paid to the school board to offset the project's impact. Other- Other public facility LOS standards are not expected to be diminished. The City has adequate capacity to service the proposed development with water and sewer. Page 15 January 9, 2006 Public Hearing Item 401 (3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; Staff is not aware of any known historical resources in the area of the proposed development. The proposed use is not expected to have any unfavorable impact on the environment or the natural resources of the City; Part of the review of any proposed development will include an environmental study. The Applicant indicates that the project will be designed to preserve as much of the natural vegetation as possible. (4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F -19 .001, Florida Administrative Code; The proposed amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is not longer required as this rule was repealed. (5) Whether the City is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost/effective use of or unduly burden public facilities; The City is able to provide adequate service to the development without burdening the City's public facilities. Pursuant to the Seminole County First Response Agreement, Longwood's Station 17 will be the first responder for fire and emergency response services. (6) Whether the amendment is compatible with surrounding neighborhoods and land use; The proposed amendment is compatible with the surrounding neighborhoods to the east; however, compatibility with the remaining "Industrial" future land uses to the south and west has not yet been adequately addressed by the Applicant. Although the Applicant indicates that the townhouse development will transition to the industrial and commercial property on US 17-92, this is not, as yet, supported by the conceptual plan submitted with this application. This will be undertaken in the site planning process. (7) Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; Staff believes that the Application submitted has not as yet adequately addressed the Comprehensive Plan requirements for land use compatibility and neighborhood buffering. Again, these issues will be addressed during the site planning process. The City's need for industrial land is not addressed and will have to be determined within the merits of the project. (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and Page 16 January 9, 2006 Public Hearing Item 401 Staff believes that the change in land use could promote the public health, safety, welfare, economic order, and aesthetics ofthe immediate area. (9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. The contents of the City's EAR has been incorporated into the City's Comprehensive Plan. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board! Local Planning Agency on December 6,2005, the Board held a Public Hearing and voted 3-2 to recommend "Denial" to the Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading and Transmittal of Ordinance 2005-29, a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of seven [7] properties (less areas A & B as described), containing 47.27 acres, more or less, between Shepard Rd and Florida Avenue, from (City of Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential" and determine if it desires to transmit the proposed land use change, based on the information contained herein. This is not a simple set of facts to deal with and requires a great deal of judgment based upon the long range impacts of this proposal on the quality of life of our residents. If the Commission finds in its collective wisdom that the protection offered to the adjacent residential neighborhood by the proposed Medium Density Residential land use amendment is more important to the overall quality of life of the residents of the City than the possible incremental difference in economic potential offered by the current light industrial land use, Staff would recommend the Commission consider transmitting the land use amendment to DCA. Ifhowever, the Commission finds that the possible incremental difference in economic potential offered by the current "Industrial" land use is more important to the overall quality of life of the residents of the City than the protection offered by the proposed "Medium Density Residential" land use to the adjacent residential neighborhoods, Staff would recommend the Commission consider rejecting transmittal of the proposed land use amendment to DCA. IMPLEMENTATION SCHEDULE: Dec. 29, 2005-Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading/Transmittal Jan. 9,2006- Transmittal Hearing 11 st Reading of Ordinance 2005-29 ATTACHMENTS: A- Unapproved Minutes from P&Z/LPA Meeting of November 1 & December 6,2005 B- PUD Master Plan Amendment & Preliminary Plan, 1984 C- Application and Justification for Request Page 17 January 9, 2006 Public Hearing Item 401 D- Proposed Townhouse Concept Plan E- Existing Future Land Use, November 2005 F- Proposed Future Land Use, November 2005 G- Existing Zoning, November 2005 H- Noticing in the Orlando Sentinel 1- Letter of opposition from Victor Richardson, representing the Elsea property on Florida Avenue and Ross Bumaman representing the Moretti property on US 17-92. J- Ordinance 2005-29 with Exhibit A (Map & Legal Description) COMMISSION ACTION: Page 18 January 9, 2006 Public Hearing Item 401 ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA APPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 1, 2005 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CP A-06-01 Which Changes The Future Land Use Map Designation From "Industrial" To Medium Density Residential" For Seven (7) Parcels Containing 47.27 Acres, More Or Less, Less Areas 1 And 2, Located Between Shepard Road And Florida Avenue. Chairman Poe said, "We have two (2) requests that are before us. One (1) from the Keewan Investment Real Estate apparently who is making the request and also from a member of the City who has asked that this be delayed because they could not be present for the Meeting." Chairman Poe asked, "Do you wish to hear from the people who are present and/or would you desire to postpone the Meeting to Date Certain to ensure that we have met the advertising requirements?" Board Member Linda Tillis said, "Is it possible to do both?" Chairman Poe said, "We can." Vice Chairperson Karr said, "I think I would like to do that." Board Member Tillis said, "I would like to postpone the decision, but hear all the folks that are here this evening." Chairman Poe asked, "Do you need to make your presentation first?" Ms. Sahlstrom said, "Actually I would prefer to not make my presentation tonight and wait until the next Meeting, if that would be possible?" Chairman Poe opened the "Public Input" portion of this Agenda Item. Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: commented about the road congestion off Shepard Road and Florida Avenue, suggested a Transportation Element review of the area and spoke against high and medium density residential. Chairman Poe closed the "Public Input" portion of this Agenda Item. Chairman Poe said, "I would entertain a Motion - would like to postpone this issue until 'Date Certain'. I believe recommended as the 6th day of December [2005] which would be our next scheduled Meeting. Is that correct Eloise [Sahlstrom]7" Ms. Sahlstrom said, "Being that it is a Tuesday, it is the day before your regularly scheduled Meeting." Chairman Poe said, "Yes. But, I understand there is a conflict with the building." Ms. Sahlstrom said, "Right." Page 19 January 9, 2006 Public Hearing Item 401 Vice Chairperson Karr asked, "Have we checked with the two (2) people who could not make it tonight to see if they can make it on December 6th?" Ms. Sahlstrom said, "I know that the Applicant did state he could make it on the 6th [December]." Vice Chairperson Karr asked, "But you will contact that other person to make sure?" Ms. Sahlstrom stated, "I wi11let them know that the Meeting was postponed to 'Date Certain'." "I RECOMMEND THAT WE POSTPONE ANY FURTHER ACTION ON THIS ITEM UNTIL DECEMBER 6TH [2005]." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER TILLIS. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE BOARD MEMBER TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING DECEMBER 6, 2005 (RESCHEDULED FROM DECEMBER 7, 2005) PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance [Number] 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS- CPA-06-01 Which Changes The Future Land Use Map Designation From "Industrial" To "Medium Density Residential" For Seven (7) Parcels Containing 47.27 Acres, More Or Less, Less Areas 1 & 2, Located Between Shepard Road And Florida Avenue. (This Item Was Postponed From The November 1, 2005 Meeting, To Date Certain, The December 6, 2005 Meeting.) Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and noted to the public of a Citizen Courtesy Information List. Ms. Sahlstrom said, "If you wish to put your name on that list - this Item is then transmitted to the State. The State will notify you of any pending action on the Item." Page 20 January 9, 2006 Public Hearing Item 40 1 Ms. Sahlstrom said, "Staff, therefore, recommends that you decide whether you wish to approve or to deny this request for transmittal to the State." Discussion. Ms. Rebecca Furman, Attorney, Lowndes, Drosdick, Doster, Kantor and Reed, P.A., 215 North Eola Drive, Orlando: representing Keewan Real Property Company, Ms. Furman presented a Powerpoint presentation. Discussion ensued on the property site. Ms. Furman said, "We think that this sort of language in the Comp [Comprehensive] Plan actually shows that this property is not correctly designated for 'Industrial' - we are adjacent to residential properties right now, and we feel like if an 'Industrial Use' was allowed there, it would lead to the deterioration as your Comp [Comprehensive] Plan mentions of that neighborhood, and we feel like that by changing this to 'Residential' to PUD [Planned Unit Development], we would come back before you with a Concept Plan. It would have to be approved by you. You would get to have a 'Say So' on buffers, on walls, on any kind of plantings - to buffer this 'Residential' from the 'Industrial' or 'Commercial' that is closer to [U.S. Highway] 17-92." Referencing the proposed 'Residential Use', Ms. Furman said, "We would have to come back before you - to rezone this property, so you would get to take a look at exactly what these are going to look like. These gentlemen are in the business of building high quality homes. We have two (2) car garages - that was something that your Staff asked for so that we could try to keep parking off of roads. Amenities would include a preservation of Boat Lake, pools, cabanas and park. The average unit size is sixteen hundred (1,600) square feet. Average unit price- would be around two hundred twenty five thousand dollars ($225,000.00)." Ms. Furman added, "I know schools have been mentioned. We have an agreement with the School Board [Seminole County] that on top of our impact fees for town homes, I believe run a little over six hundred dollars ($600.00), we would also pay a contribution per unit in addition to the Impact Fees of a little over twelve hundred dollars ($1,200.00)." Ms. Furman then said, "We will do an Environmental Study and we believe that 'Residential' is a more appropriate 'Use' around Boat Lake." Discussion. Tape 1/Side B Discussion ensued on other town homes in the area and schools. Chairman Poe opened the Public Input portion of this Agenda Item. Page 21 January 9, 2006 Public Hearing Item 401 Mr. Dick Crenshaw, 751 Summerland Drive, Winter Springs, Florida: spoke of the tax base for the City and is in favor of the town homes. Mr. Gary Diller, 609 Nighthawk Circle, Winter Springs, Florida: spoke in favor of "Residential Designation" if traffic issues are worked out. Mr. Victor Richardson, 301 South Street, Fern Park, Florida: representing the Elsea family property, Mr. Richardson indicated an objection to the request for a change in the Future Land Use. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: spoke in favor of changing the land use designation to "Residential". Mr. Richard Jacks, 3223 Everett Street, Apopka, Florida: owns property in the Wildwood subdivision and spoke in favor of this as a tax base for the City and for the change to a "Residential Designation". Chairman Poe closed the Public Input portion of this Agenda Item. Discussion. In making a recommendation, Ms. Sahlstrom said, "If you feel that there is not adequate data to do that, then you can either request Staff to go back and to do more determination or the Applicant to provide more determination." Ms. Furman said, "As it stands now as 'Industrial' there is a Florida Light and Power easement that runs just between the two (2) and that would be the only buffer between Wildwood [Drive] and the' Industrial' ." Vice Chairperson Karr asked, "What kind of recreational area would you have for the people who would be buying these town homes?" Ms. Furman said, "It is still a Concept Plan." Ms. Furman added, "There would be a park, a pool, some - amenities associated with Boat Lake." Discussion. Ms. Furman said, "We would like the opportunity to come back and work with you - to make something that is more appropriate." "I WOULD LIKE TO MAKE A MOTION THAT [ORDINANCE NUMBER] 2005-29- LARGE SCALE COMPREHENSIVE PLAN BE MODIFIED TO MEDIUM RESIDENTIAL HOMES ON 47.27 ACRES." MOTION BY BOARD MEMBER VOSKA. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE Page 22 January 9, 2006 Public Hearing Item 401 VICE CHAIRPERSON KARR: NAY BOARD MEMBER TILLIS: NAY CHAIRMAN POE: NAY BOARD MEMBER VOSKA: AYE MOTION DID NOT CARRY. Chairman Poe passed the Gavel to Vice Chairperson Karr. "I WOULD LIKE TO MAKE A MOTION THAT THIS ACTION BE DENIED. OUR RECOMMENDATION TO CITY COUNCIL [COMMISSION] THAT IT BE DENIED." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER TILLIS. DISCUSSION. VICE CHAIRPERSON KARR SAID, "WE HAVE A MOTION TO DENY [AGENDA] ITEM '400' AS PRESENTED TONIGHT THAT IS ORDINANCE [NUMBER] 2005-29, A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS- CPA-06-01 CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM 'INDUSTRIAL' TO 'MEDIUM DENSITY RESIDENTIAL' FOR THE SEVEN (7) PARCELS CONTAINING 47.27 ACRES, MORE OR LESS, LOCATED BETWEEN SHEPARD [ROAD] AND FLORIDA AVENUE." VOTE: VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN : NAY BOARD MEMBER VOSKA: NAY CHAIRMAN POE: AYE BOARD MEMBER TILLIS: AYE MOTION CARRIED. Chairman Poe stated, "I had other concerns. I have concerns about traffic. I had concerns about the quantity of residential. I had concerns about the amount of residential that we already have under construction in the City of Winter Springs; also the centralization of that construction in the Town Center which I believe - the City Commission has indicated very clearly to me that that is where they want to centralize that - the concern for a need for more - industrial space for the year 2010." Chairman Poe resumed his Chairmanship. Page 23 January 9, 2006 Public Hearing Item 401 ATTACHMENTB PUD Master Plan Amendment & Preliminary Plan, 1984 Page 24 January 9, 2006 Public Hearing Item 401 OFFICE/WAREHOUSE FRONT ELEVATION GARDEN OFFICE Page 25 January 9, 2006 Public Hearing Item 401 ATTACHMENT C CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX: 407-327-6695 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT APPLICANT: The Keewin Real Property Company Last First Middle MAILING ADDRESS: 1031 West Morse Blvd. Suite 325 Winter Park, FL 32789 Phone: 407-645-4400 If applicant does NOT own the property: PROPERTY OWNER: Dittmer Properties, Inc. MAILING ADDRESS: 1006 Shepard Road Winter Springs, Fl 32708 This request is for the property described below: PROPERTY ADDRESS: South side of shepard Rd., East of S.R. 17-92 TAX PARCEL NUMBER: See Attached - Multiple Parcels SIZE OF PARCEL: 2,059,081.2 SF 47.27 Acres Current FUTURE LAND USE Classification: Industrial REQUEST for a Change to City of Winter Springs FUTURE LAND USE Classifications: Yes If you are requesting an Amendment to the Goals, Objectives and Policies of the City's Comprehensive Plan, set forth the proposed Amendment in detail and provide supporting documentation. Current ZONING Classification: PUD, C-2 z~ Cadc a.{i~~p. Zjjt C~ Page 26 January 9, 2006 Public Hearing Item 401 COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Eac's action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. LARGE SCALE COMPREHENSIVE PLAN A.MENDMENTS are subject to Approval by the Florida Department of Communlity Affairs and are not effective until the Department of Community Affairs issues a "Norice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of the Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive Plan of the City of Winter Springs shall be arnended only twice per year in accordance 'with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows: Application submittal deadlines: Spring- No later than 5:00 p.m. on the first Wednesday in February. The application(s) will be reviewed at a meeting of the local planning agency to be held in April or as otherwise practicable. Fall- No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the local planning agency to be held in October or as otherwise practicable. SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of consideration of amendments under the conditions approved by law. APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearing, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: A copy of the most recent SURVEY of the subject property with Metes and Bounds description. A copy of the LEGAL DESCRIPTION. 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. JUSTIFICATION for the Request based on Coce Section 20-102(d). (See Attached List) NAMES and ADDRESSES of each property owner within 150 ft. of each property line. Notarized AUTHORIZATION of the Owner. if the Applicant is other than the Owner or Attorney for the Owner (see below). APPLICATION FEES. FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant), payable prior to approval of the pertinent stage of development. COMPREHENSIVE PLAN AMENDMENT per Applicant $ 1,000. Small Scale (Generally 10 acres or fewer) $ 500 Large Scale (Generally MOre than 10 acres: Text Amendments) $ 1000 TOTAL DUE $ 1,000. Page 27 January 9, 2006 Public Hearing Item 401 .................................................................................. FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Comprehensive Plan Amendment: Signature of Owner Sworn to and subscribed before me this day of 20__ Notary Public My Commission expires: _____ Personally Known _____ Produced Identification (Type)__________________ _____ Did take an Oath _____ Did Not take An Oath ............................................................................ FOR USE WHEN APPL.ICANT IS NOT OWNER 0F THE SUBJECT PROPERY I,WALT DITTMER, JR., do hereby with any notarized signatures allow Keewin Real Property Co. to represent me in the change of land use of my property. The property is identified as: Tax Parcel Number(s). See attached - Multiple Parcelsi Located at South side of Shepard Rd., just East of S.R. 17-92 and as further identified on the Metes and Bounds description provided with this Application. Signature of Owner(s) Sworn to and subscribed before me this 15th day of February 2005. Notary Public My Commission expires: ________________________ M.O. Tubbe My Commission O0251061 _____ Personally Known Expires September 21 2007 __X__ Produced ID: (Type) Drivers License _"____ Did take an Oath ______ Did not take an Oath Page 28 January 9, 2006 Public Hearing Item 401 Comprehensive Plan Request Shepard Road Townhomes - Dittmer Property February 15, 2005 The following submittal is for the Shepard Road Townhome development in the City of Winter Springs. Florida. The existing property is located between Shepard Road and Florida Ave on the East side of 17-92. The existing property is vacant with an industrial land use and PUD zoning. The proposed development will be fee simple townhomes and will require a land use amendment to Medium Density Residential. What effect will the proposed amendment have on the City's budget or the economy of the region? The proposed townhome development will offer approximately 350 units of residential use to a vacant piece of property. This property has been marketed as industrial devetopment but continues to remain vacant. The townhome project will increase the city's tax base while bringing new citizens to the region. Describe how the City might provide adequate services from public facilities to the affected property. Will the amendment promote the cost effective use of or will it unduly burden public facilities? The proposed project fronts on two roads Shepard and Florida Ave. 80th roads are public and provide adequate access for the townhome. Both roads access hwy 17-92 for conveyance to SR 417 and SR 434. Water and sewer lines are also available on the Power easement and Florida Ave. The proposed water system may have the ability to loop systems on Florida Ave. and improve the city's water supply. An existing lake on the property will also provide adequate outfall for the stormwater drainage on the property. Describe the impact that the proposed amendment will have on the Level of Service (LOS) of public facilities including sanitary sewer, solid waste, drainage, potable water, traffic circulation, and recreation. The additional impacts of the proposed townhome project on public facilities will be offset by unit fees and the possibility of tying systems together to improve service. Vehicle access through Shepard Road will be offset by the proximity to 17-92. Other proposed improvements may include a left turn and right turn decal lane on Shepard Road. Sanitary sewer will also be discharged through a pressure force main to the city system. Solid waste service will be accommodated through the city's contract waste pickup. The Seminole County transfer station is within close proximity for waste handling. Drainage will be accommodated through the existing lake on the property. Additional retention will be accommodated on-site to meet the city and water management district requirements. Page 29 January 9, 2006 Public Hearing Item 401 Shepard Road Townhomes - Dittmer Property February 15, 2005 What impact will the proposed amendment have on the environmental, natural resources, historical resources of the City or the region? Before the project is developed a full environmental survey will be performed including wetland, threatened and endangered spedes, phase 1 environmental and soils surveys. Historical resources will also be addressed during the water management district permit process. The project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees. Identify surrounding neighborhoods and land use. Is the amendment compatible with these? The property to the West is predominantly industrial and commercial along 17-92. On the North across Shepard Road is also industrial property. The eastern development is multifamily with a medium density land use. Southeast is public lands and south across Florida Ave. is a mixed use development including residential and commercial developments. Southeast is public lands. This development will be contiguous to the property on the East and is requesting the identical land use. In addition the townhome development will transition to the industrial and commercial property on 17-92. Will the proposed amendment promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the City or region? This amendment will promote the safety, welfare, economic order and aesthetics of the city. The proposed townhomes will include double garages and large units. These units will be offered in multiple room options to accommodate small to large families. Amenities will also be provided for the units to further promote a recreational complex. Identify how the request is consistent with the Objectives and Policies of the Comprehensive Plan. Will approval of the amendment cause any internal inconsistencies? This townhome development is consistent with the following elements of the comprehensive plan policy. . Under the Residential Land Use categories in the Comprehensive Plan Future Land Use Element for the City of Winter Springs Medium Density Residential includes townhouses up to nine units per acre. . Within the Natural Resource section the project contains a natural water body which will be maintained for the townhome amenity. . The soil types as listed in the Natural Resource section are also conducive for development as depicted in Map 1-3. . Since this project exists within the city boundaries water and sewer should have adequate capacity for service as stated in the analysis section of the Future Land Use Element under the analysis section for potable water and sanitary sewer. January 9, 2006 Public Hearing Item 401 Shepard Road T ownhomes - Dittmer Property February 15, 2005 Describe how the proposed amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan set forth in Chapter 187, Florida Statues, and the East Central Florida Regional Polley Plan, adopted by Rule 29 F. 19.001, Florida Administrative Code. . The proposed amendment meets the State Comprehensive Plan due to the compatibility with surrounding land uses and transition ability. . Within the state plan infrastructure is in place to service this development . Transportation planning includes the widening of portions of 17-92 to further allow growth in this part of the city. . State environmental concerns will be adequately addressed including local and state permitting for stormwater and preservation lands. January 9, 2006 Public Hearing Item 401 ATTACHMENTD Proposed Townhouse Concept Plan Page 32 January 9, 2006 Public Hearing Item 40 I ATTACHMENT E Existing FUTURE LAND USE October 2005 LEGEND Commercial Industrial Medium Density Residential Public I Seml.Publlc Recreation Page 33 January 9,2006 Public Hearing Item 40 I LEGEND ATTACHMENT F Proposed FUTURE LAND USE October 2005 Commercial Industrial Medium Density Residential Public i Semi-Public Recreation Page 34 January 9, 2006 Public Hearing Item 40 I ATTACHMENT G ZONING October 2005 LEGEND C2 PUD Page 35 January 9, 2006 Public Hearing Item 401 Attachment H NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN CITY OF WINTER SPRINGS Page 36 January 9, 2006 Public Hearing Item 401 ATTACHMENT I October 21, 2005 Re: Ordinance #2005-29 Dittmer Properties land use changes - Public hearing 1 of 3 Page 37 January 9, 2006 Public Hearing Item 401 Re:Ordinance #2005-29 Dittmer Properties land use changes - Public Hearing 2 of 3 Page 38 January 9, 2006 Public Hearing Item 401 Re:Ordinance #2005-29 Dittmer Properties land use changes - Public Hearing 3 of 3 Page 39 January 9, 2006 Public Hearing Item 401 ROSS STAFFORD BURNAMAN Attorney at Law 1018 Holland Drive Tallahassee, Florida 32301 rossburnama@earthlink. net (850) 942-1474 December 29, 2005 Honorable John F. Bush, Mayor City of Winter Springs City Commission 1126 East State Road 434 Winter Springs, Florida 32708 RE: Objection to Proposed Ordinance 2005-29 Large-scale Future Land Use Map Amendments Item 400 Planning and Zoning Commission Agenda (December 6) Dear Mayor Bush and Commissioners: This letter is written on behalf of Mr. Richie Moretti and Richard Moretti, LLC (collectively "Moretti") to state objections to a proposed ordinance to change the future land use map (FLUM) of the City's Comprehensive Plan on seven parcels comprising 47.27 acres. Moretti owns parcels within the City and within unincorporated Seminole County that abut to the west the 47.27 acres that are the subject of the pending FLUM amendment request. Moretti's land consists of three parcels of industrial land along Highway 17-92. Moretti specifically acquired the property within the City in 1979 based upon the assurance that the property could be used for industrial uses. Based upon that assurance, between 1980 and 1990, Moretti operated an automobile reconstruction business on the property. Moretti currently leases property for industrial use in the manufacture and sale of gazebos. Proposed Ordinance 2005-29 was considered by the City's Planning and Zoning Commission on December 6, 2005, as Item 400. The Planning and Page 40 January 9, 2006 Public Hearing Item 401 Zoning Commission did not recommend adoption of the proposed Ordinance to change the FLUM from "industrial" to "medium density residential". Opportunism Instead of Planning The current FLUM amendment request is not driven by the City's comprehensive planning processes, instead it is motivated by the desire of a real estate developer to maximize short-term profits without regard for the long-term economic health of the community. For example, while the City's Staff report indicates that most of the 47.27 acres is within the U.S. 17-92 Community Redevelopment Area, it is apparent that no effort has been made to coordinate the FLUM amendment request with the Community Redevelopment Agency, or the adopted Redevelopment Plan. I confirmed this fact with Mr. Kevin Fall, the Community Redevelopment Agency Coordinator. Given this oversight, there is no showing of internal consistency with FLUE Objective 1.4 and Policy 1.4.6 since the City has agreed to the designation of the 17-92 Redevelopment Area. Moreover, the 47.27 acres is part of an approved, partially-developed, planned unit development ("PUD"). As revised in 1984, the "Winter Springs Commerce Center" "final plan was to be a tiered office park concept" with "Industrial development to the west, then Commercial, and next, Professional Offices facing eastward and appearing as residential structures." The pun was most-recently amended in 1988 to include additional properties by Ordinance 436, according to the City's Staff report. (Apparently, the City's Zoning Map does not include the pun amendment in Ordinance 436). Now that the pun is partially developed, the landowner apparently wishes to "unplan" it. The residents and property owners within the area deserve better than "willy nilly" development at this location. Moretti's Concurrence with Two Staff Findings The City's planning Staff "findings" correctly identified at least two flaws with the FL UM amendment request. First, the proposed medium density residential land use is incompatible with the industrial properties to the west and south of the 47.27 acres. [Finding Page 41 January 9, 2006 Public Hearing Item 40 I No.6]. Presently, a 175-foot wide power line easement serves as a buffer between the residential development (the Wildwood Planned Unit Development) to the east of the industrial lands (which include the subject property and other industrial lands between the subject property and Highway 17-92). If the FLUM amendment is approved, the MDR land use will abut industrial properties, many of which are on-going businesses. The application is inconsistent with FLUE Objective 1.5 and Policies 1.5.1 and 1.5.10; moreover FLUE Policy 1.5.6 only requires buffers to "low density residential areas" whereas the proposal is to have medium density residential abut industrial FLUM properties. Second, the proposed FLUM amendment would reduce the City's designated industrial land, already in very short supply, by about 28 percent. [Finding No.7]. The City has a limited supply of industrial property and based upon the City's evaluation and appraisal process and subsequent plan revision, the Plan indicates that an additional 105 acres of industrial land are needed by 2010. Table 1-4 of the FLUE ("Projected Demand for Vacant Land 2010) documents the need for 188 acres of Industrial land in 2010, with only 83 acres identified as "developable acreage" in 2001. According to Table 1-1 of the City's Comprehensive Plan, industrial land constitutes about 1 % of the City's developable land. Since the Plan was adopted, the stock of industrial land on the FLUM has been reduced further by changes in Ordinances 2003- 16 and 2003-31. While townhouses and other medium residential density development are permitted by the FLUM throughout the City, there is a very limited supply of land that is suitable for industrial use. Recently, for example, new townhouse developments have been approved throughout the City (many of which are in the Town Center), including Barclay Reserve, Harbor Winds (a/k/a Big Cypress), Highlander Property (a/k/a Jesup Reserve and Barclay Town Center), Jesup's Landing, Landings at Parkstone, Lincoln Park, Winter Springs Town homes (Eagle Homes), and Lake Jesup Shores. In the immediate vicinity of the subject property, an Apex Transmission facility (known as Dlutz Transmission Shop/Wallace Plat) has recently been developed, including a transmission shop, parking, an dumpster and stormwater facilities. According to the City Staff report, in the immediate area, a wholesale coffee roaster was developed in 2004, and an automobile Page 42 January 9, 2006 Public Hearing Item 401 dealership was opened in 2000. Apart from the initial construction-related jobs, the proposed FLUM change to facilitate development of townhouses will not promote the City's long-term economic wellbeing. While people need places to live, they also need places to work. Failure to Meet Section 15-36 Criteria City Code Section 15-36 provides nine minimum review criteria. The Applicant's application form and supporting documentation, and the resultant "findings" in the City's Staff report, fail to meet these minimum review criteria. For example, for the whether the proposed amendment will "diminish the level of service (LOS) for public facilities," the report and application do not demonstrate how LOS standards for all public facilities will be maintained; only the transportation LOS on 17-92 and Sheppard Road is addressed, and then only in summary fashion. Increased demand on public schools is not addressed at all in the application or Staff report. The 2005 amendments to Chapter 163, Part II, Florida Statutes apply to the City's consideration of the proposed ordinance. One of the most significant changes in the 2005 legislation was intended to address school concurrency. The capacity of the respective elementary, middle and high schools to accept new students associated with the proposed land use change is not addressed, nor does the file contain any coordination with the Seminole County School Board. Other public facility LOS standards are only addressed in summary fashion. For example, as to "Recreation and Open Space" the Staff report provides in part "there are no recreation or open space parcels adjacent to the area...." Without any basis in the record, the Staff excuses this deficiency, stating: "The subject property will be required to provide recreational amenities on site, if the property is developed as residential townhouses. The City imposes impact fees for Parks and Recreation facilities. " Neither the FLUM application, nor the Staff report, indicate compliance with FLUE Objective 1.7 and Policies 1.7.1 and 1.7.2; and with Intergovernmental Coordination Element Objectives 1.1, 1.2, 1.3 and Policies 1.1.4, 1.2.5, 1.3.3. The documentation reflects neither coordination with adjacent Seminole Page 43 January 9, 2006 Public Hearing Item 40 I County officials, nor consideration of the goals, objectives and policies of the Seminole County Comprehensive Plan (and 17-92 Redevelopment Plan). Conclusion Rather than approve this legally insufficient request for a large-scale FLUM amendment for transmittal to the various State and regional agencies for review, the City should deny the request and maintain the status quo for these properties. If the existing pun is not economically viable, then the landowner should consider a revised PUD instead of an abandonment of the partially developed pun and speculative townhouse development. The City should respect the rights of existing landowners and businessmen, who have invested in the long-term economy of the City of Winter Springs. To approve the requested FLUM amendments is to disrespect the comprehensive planning process, waste State and regional agency resources on the review of an inadequate proposal, and to invite litigation should the City ultimately adopt the FLUM changes after State and regional agency review. Thank you for your consideration. Please provide me with notice of the City Commission's action on this item. Sincerely, Ross Stafford Burnaman Attorney at Law Fla. Bar No. 397784 cc: Eloise M. Sahlstrom, Senior Planner Page 44 ORDINANCE NO. 2005-29 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, REFERENCED AS LS-CP A-06-01, 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 SEVEN (7) PARCELS OF LAND, CONTAINING 47.27 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG SHEPARD ROAD AND NORTH OF FLORIDA AVENUE, MORE P ARTICULARL Y AND LEGALL Y DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULL Y INCORPORATED HEREIN BY THIS REFERENCE, FROM CITY OF WINTER SPRINGS "INDUSTRIAL" TO CITY OF WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAL"; 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 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 City of Winter Springs Ordinance No. 2005-29 Page 1 of 3 WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-06-0l) to the Florida Department of Community Affairs for its review and comment; 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 Regulations Act, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance are to adopt the large scale comprehensive plan amendment (LS-CPA-06-0 1) designating the subject property from Seminole County "Industrial"to City of Winter Springs "Medium Density Residential." 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" as City of Winter Springs "Industrial," to City of Winter Springs "Medium Density Residential." 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 not affect the validity of the City of Winter Springs Ordinance No. 2005-29 Page 2 of 3 remaining portions of this Ordinance. 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 ,2005. 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. 2005-29 Page 3 of 3 Dittmer Property FLUM Change Request PARCEL NUMBERS 26-20-30-5AR-OCOO-0210 28-20-30-5AS-OBOO-015A 28-20-30-5AS-OBOO-0 170 33-20-30-503-0S00-0000 33-20-30-503-0000-0150 33-20-30-503-0000-0240 33-20-30-503-0000-025A LESS AREAS 1 & 2 AS DESCRIBED: Area 1 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly described as follows: BEGIN at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence South 03 57'20" East, along the Westerly line of said WILDWOOD, for a distance of 166.02 feet to a point of curvature of a curve concave Westerly, having a radius of 175.00 feet and a delta angle of 29 59'46"; thence, continuing along the Westerly line of said WILDWOOD, run Southerly along the arc of said curve for a distance of 91.62 feet to the point of tangency; thence, continuing along the Westerly line of said WILDWOOD, South 26 02'26" West for a distance of 126.10 feet; thence, departing said Westerly line of said WILDWOOD, South 86002'40" West for a distance of 94.04 feet; thence North 03057'20" West for a distance of 362.73 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86002'40" East, along said Southerly right of way line, for a distance of 180.52 feet to the POINT OF BEGINNING. Area 2 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly described as follows: COMMENCE at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence run South 86002'40" West, along the Southerly right of way line of Shepard Road and Northerly line of said Lot 18, for a distance of 260.52 feet to the POINT OF BEGINNING; thence, departing said Southerly right of way line of Shepard Road and Northerly line of said Lot 18, South 03057'20" East for a distance of 298.01 feet; thence South 86002'40" West for a distance of 113.09 feet; thence North 04 49'25" East for a distance of 301.55 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86002'40" East, along said Southerly right of way line, for a distance of 67.07 feet to the POINT OF BEGINNING.