HomeMy WebLinkAbout2000 11 13 Public Hearings I Second Reading - Ordinance 2000-36 Annexation
Date: 11/13/2000
This second Reading on 11/13/00 was approved
and it was moved to a Final Reading on
11/27/00.
COMMISSION AGENDA
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ITEM I
Consent
Informational
Public Hearing X
Regular
November 13, 2000
Meeting
;2-------.
Mgr. / Attor. / Dept
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for second reading and adoption of Ordinance 2000- 36 that would annex
approximately 10 acres.
/
I.
PURPOSE:
The purpose of this request is to annex approximately 10 acres located on the northside of S. R
434 about 600 feet west of the intersection of State Road 434 and DeLeon Street.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171. F. S, which states in part: ((The owner or owners of real property in an
unincorporated area of a county which is contiguous to a municipality and reasonably compact
may petition the governing body of a said municipality that said property be annexed to the
municipality. "
CONSIDERATIONS:
· Luther & JoAnn Carroll, as the applicants, request annexation to secure sewer and water
service to the property when such service from the City of Winter Springs becomes
available,
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CDDlNovcmbcr 9,2000/3:40 I'M
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NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM I
Page 2
· The property is approximately 10 acres and is a vacant, treed lot with grassed front.
. The Planning & Zoning Board/Local Planning Agency decided to table consideration of
the Carroll small scale comprehensive plan amendment request and the Carroll rezoning
request since the Board felt uneasy making recommendations on property that is not even
in the City. Also the Board wanted to allow staff to review the letter of objection from the
City Manager of Oviedo and any comments from the county.
· The City Commission held a first reading of Ordinance 2000-36 on October 23,2000 that
would annex approximatesly 10 acres located on the northside of S.R. 434 about 600 feet
west of the intersection of State Road 434 and DeLeon Street.
· The Carroll property is located within the City of Oviedo Joint Planning Area adopted
with Seminole County on September 28, ] 999.
. At the January 26, 1998 Winter Springs City Commission meeting, Oviedo Councilmen
Mr. Hagood and Mr. Bob Delari, and David Moon, Planning Director, were in attendance.
In response to comments by Mr. Bob Delari, City Manager McLemore suggested to the
Commission that all three governmental jurisdictions, the City of Winter Springs, the City
of Oviedo, and Seminole County enter into a tripartite Joint Planning Agreement. Various
attempts were made by City of Winter Springs staff and elected officials to encourage the
City of Oviedo to enter into such an agreement. The City of Oviedo repeatedly refused
and eventually approved a two-party agreement with the County,
· The City of Oviedo now wants the City of Winter Springs to defer to its Joint Planning
Agreement (JPA) and cooperate with the City of Oviedo and accept the City of Oviedo's
land use and zoning designations, The City of Oviedo does not want the City of Winter
Springs to accept the property owners' request to annex into Winter Springs because the
"proposed annexation is in conflict with the Future Oviedo Annexation Area map within
the JP A which includes the subject (Carroll) property,
· City staff member, Thomas Grimms AICP, has been in contact with four (4) property
owners to the north of the parcel being considered for annexation and they too want to be
annexed into the City of Winter Springs and not into the City of Oviedo.
· At its October 23,2000 meeting, the City Commission held a first reading of Ordinance
2000-36 that would annex the approximately 10 acre Luther + Joanne C~roll property,
c
CDDlNovcmber 9.2000/3:41 PM
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NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM I
Page 3
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a public hearing for second reading and adoption of
proposed Ordinance 2000-36 to annex the Luther & JoAnn Carroll Property.
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2000-36 is scheduled for
November 13,2000. The ordinance would become effective immediately upon adoption per Sec.
4.15(c) City Charter and 166.041(4) F.S.
ATTACHMENTS:
A. Proposed Ord. 2000-36
B. Map of general location of Carroll Property.
C. Legal advertisement
COMMISSION ACTION:
CDDlNovember 9,2000/3:43 PM
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A TT ACHMENT A
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( )
ORDINANCE 2000-36
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROPOSING
TO' ANNEX REAL PROPERTY AND GENERALLY
DESCRIBED AS APPROXIMATELY 10 ACRES MORE
OR LESS OF THE LUTHER & JOANN CARROLL
LOCATED WITHIN SEMINOLE COUNTY, FLORIDA
AND APPROXIMATELY 600 FEET WEST OF THE
INTERSECTION OF STATE ROAD 434 AND DeLEON
STREET AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATIACHED HERETO; PROVIDING FOR
THE AMENDMENT OF WINTER SPRINGS CHARTER,
ARTICLE II, BOUNDARIES; TO INCORPORATE THE
REAL PROPERTY INTO THE CITY BOUNDARIES;
PROVIDING FOR THE FILING OF THE REVISED
WINTER SPRINGS CHARTER WITH THE
DEPARTMENT OF STATE UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRIOR INCONSITENT
ORDINANCES AND RESOLUTIONS; PROVIDING OR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Tllis annexation shall be pursuant to the voluntary
annexation procedures contained in Section 171.044 Florida Statues; and
WHEREAS, The City Commission has detennined that the subject real
property is reasonably compact and contiguous with the boundaries of the City of
(.
Ordinance 2000-]G
City of Winler Springs
Page I of 4
( )
Winter Springs and will not create an enclave; and
WHEREAS, The annexation is in compliance and consistent with the
goals, and objectives of the City of Winter Splings' Comprehensive Plan,
Charter, and City Code; and
WHEREAS, The municipal boundary lines of the City of Winter Springs,
contained in Winter Springs Charter, Article II, shall be redefined to include the
subject real property; and
WHEREAS, The City Commission of the City of Winter Springs, Florida
hereby finds that tlus 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. Annexation of Real Property.
The area of real property, which
is mQre particularly described in the metes and bounds legal description and map
attached' hereto as Exhibit "A", is hereby annexed by the City Commission.
Exhibit "A" is hereby fully incorporated nerein by tlus reference.
Section 2. City Boundaries Redefined; Winter Springs Charter Amended~
Pursuant to Section 166,031 (3) Florida Statutes, and Section 171.091 Florida
(..
Ordinance 2000-)()
Cily of Winter Springs
Page 2 or 4
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Statutes, the City of Winter Springs Charter, Article n, Section 2.01, shall
hereby be amended to redefine the corporate boundaries of the City of Winter
Springs to include the area of real property described in Section 1 of this
Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article
IT, Section 2.01, with the Department of State within thirty (30) days upon said
approval. The City Clerk shall file this Ordinance with the Clerk of Circuit
Court and the Seminole County Manager within seven (7) days of said approval.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions.
All prior ordinances and resolutions or parts of prior ordinances and resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability.
Should any section or provision of this
Ordinance, or any portion hereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereto as a whole or part thereof to be declared
invalid.
Section 5. Effective Date. This Ordinance shall become effective
immediately upon adoption by the City Commission of the City of Winter
Springs, Florida.
Ordinance 2000-36
City of Winter Springs
Page 3 of4
( )
ADOPTED by the City Commission of the City of Winter Springs,
Florida, in a regular meeting assembled on the_day of
,2000,
PAUL P. PARTYKA, MAYOR
REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR
TIIE CITY OF WINTER SPRINGS ONLY.
ANTIIONY A. GARGANESE, CITY ATIORNEY
l )
ATIEST:
ANDREA LORENZO-LUACES
CITY CLERK
1ST READING
POSTED
2ND READING AND PUBLIC HEARING
)
(,
Ordinance 2000-J6
City or Winter Springs
Page <I or <I
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CITY OF WINTER SPRINGS, FLORIDA
. 1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
MEMORANDUM
TO:
Mayor and Commission
THRU:
Ron McLemore, City Manager
Charles Carrington, Community Development Director
FROM:
Thomas Grimms, ~
Comprehensive PI . o' g Coordinator
DA TE:
November 10, 2000
RE:
Metes and Bounds Legal Description of Carroll Property
We just received the metes and bounds legal description of the Luther & Joanne Carroll
Property prepared by Altamonte Surveying and Platting, Inc.
Please include the metes and bounds legal description after the last page of the ordinance
(Ord, 2000-36) in Attachment A. of Public Hearing Agenda Item 1. '.
EXHIBIT A
METES AND BOUNDS SURVEY
FOR
LUTHER & JOANN CARROLL PROPERTY
Lot 19. VAN ARSDALE OSBORNE BROKERAGE CO.'S ADDITION TO BLACK
HAMMOCK, according to the plat thereof as recorded in Plat Book
1. Page 31. Pub lie Records of Sem i no I e County. F lor ida, Less road
right of way, be i ng more part i cu I.ar I y descr i bed as fa II ows.
Begin at the Northwest corner of Lot 19 VAN ARSDALE OSBORNE
BROKERAGE CO.'S ADDITION TO BLACK HAMMOCK. according to the plat
thereof as recorded in Plat Book 1. Page 31. Publ ic Records
of Seminole County, Florida said point being a 1/211 Iron
Rod LB6300 set in place; thence run SOoo38'501lW along
the Easterly right of way I ine of Beacon Street. a distance of
629,07 feet to a point on the Northerly right of way I ine of
State Road 434 per Right of Map Section 77070-2520. said point being
a 1/211 I ran Rod LB6300 set in p I ace; thence S890 33' 1611 E a long the
Northerly right of way I ine of said State Road 434 a distance of
639,98 feet to a 1/211 Iron Rod L86300 set in place; thence
departing said northerly right of way run N00038' 5011 E along the Easterly
I ine of lot 19. a distance of 625.68 feet to a point on the Southerly
right of way I ine of Florida Avenue; said point being a 1/211 Iron
Rod LB6300 set in place; thence N89015'3711W along said Southerly
right of way line a distance of 639.98 feet to the po i nt of
beginning.
EXHIBIT
A
(continued)
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;}~. THISjPUBI.JC HEARING WILL TAKE. PLACE AT THE CITY COM-
{:: MIS~ION CHAMBERS AT II26EASTSTATE ROAD 434, WINTE;:
... sPRiNGS, 'FLORIDA. INTERESTED PERSONS MAY ATIEND
:. AN!? BE HEARD.
.:f .~i ,
f, AicOMPLfTE LEGAL DESCRIPTION BY.'METES AND BOUNDS
:. r: .4D'THE ORDINANCE PERTAINING TO THE ABOVE MAY [f~
. +]- OBTAINED FROM THE OFFICE OF THE CITY CLERK, AT CITY
. { ~L, 1126 EAST STATE ROAD 434, WfNTER SPRINGS, FLORI-
'J;' ~N;'FOR MORE INFORMATION CALL (407) 327-1800 #227,
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_ '. . ~l' . PERsONS WIlli DISABILITIES j'IEEDING'ASSISTANCE TO PAR-
T ~;: ::: ::~tigIPATE'I~ At-lY OF THESE PROCEEDiN9S'SHOULD CONTACT
',' . :~' ~ ;,:~TIIE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 41:
I '. :: ~ :f;1[HOURS IN ADVANCE OFTHE MEETIN<:L<\.T (407)327-1800 #236. .
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~ I;: ;/i:'~~. ~~IssioN WITH' REsPEciTbAN.Y:~ATIE.~~;~ONSjDER. ED AT
.; r. . i~ ;~TIUS' MEETING, YOU WlLL NEED 'A RECORD OF THE PRO-
.:..... ; "'1: i{~CEED[NGS; AND, FOR'.~UCH PURf.'OSES; you MAY NEED TO
~~. . . I.. (~NSURETHAT A VERBATIM .RECORD OFTH.E PROCEEDINGS IS
~~ ' : .: ' " f~,,~~tWE J..!rofo!. WHICH rHE A~PEAL IS !O BE BASED. . ... .
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~;}ANNExATION . ..':~~::.~'
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: C1XRROLL>PROPERTY:"''''''
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NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF
THE CITY"(;>ti}vINTE~ SPRII'iGS WILL HOLD A PUBLIC HEAR-
ING ON OR.P~ANq 200.o~36. TO CON~IDER ANNEXATION, OF
AN APPROXJ.~ATELY IQ ACRE PARCEL OF LAND LOCATED
APPROXIMATELY 600 FEET WEST OFTHE INTERSECTION OF
'~~'f .
STATE ROAD''t34 AND DELEON STREET,
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A SEfOND READING AND HEARING ON THE PROPOSED
A~TlON WILL BE HELD ON NOVEMBER 13, 2000 AT 6:30
P.M: A.'f THE WINTER SPRINGS CITY HALL.
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, Ul~' CliAN(J~ 'l'U 'l'Hlij
RE DAND,'USE MAP "
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ND/JESSUP SHORES PROPERTY'
GIVENrHATTHE CITY COMMISSION OFTHE cr&
GS WILL HOLD A FIRST (TRANSMITTI,iL) PUBLic.
RGE SCALE COMPREHENSIVE PLAN MviENDMENT
NGE THE FUTURE LAND USE MAP DESIGNATION
.. TO "TOWN CENTER': ON THE SPRINGS LANDIJES-
ERTY LOCATED ON THE SOUTH SIDE OF STATE
URVEAND ADJACENT ON THE NORTH SIDE OF THE
WINTER SPRINqS BRANCH (SEE MAP).
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NG ON THE PROPOSED LARGE'SCALE COMPRE-
ENDMENT WILL BE HELD ON NOVEMBER 13;
fNGS WILL TAKE PLACE AT CITY HALL, 1126
34, WINTER SPRINGS, FLORIDA. INTERESTED
ND AND BE HEARD.
ATION PERTAINING TO THE ABOVE MAY BE
ECITY CLERK'S OFFICE AT 1126 EAST STATE
.PRlNGS, FLORIDA. fOR MORE INFORMATION .
227.
.... .:. :..: . . . ;
BILITIES N'EEDlNG ASSISTANCE TO PARTICI~
ESE PROCEEDINGS SHOULD CONTACT THE
.S DEPARTMENT COORDINATOR, 48 HOURS IN
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CITY OF OVIEDO FLORIDA
400 ALEXANDRIA BOULEVARD. OVIEDO, FLORIDA 32765. (407) 977-6000
v. EUGENE WILLIFORD, III
CITY MANAGER
November 13,2000
Honorable Paul Partyka, Mayor
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Proposed City of Winter Springs Ordinance No. 2000-36
Annexation of the Carroll Property
Parcel LD. No.: 25-20-31-5BA-0000-0190
Luther and JoAnn Carroll, ApplicantlProperty Owner
Dear Mayor Partyka:
The purpose of this letter is to formally object to the annexation of the subject property being
considered by the City of Winter Springs City Commission on November 13,2000, We believe
the subject annexation petition does not meet the intent of Section 171.043, Florida Statutes
(F,S.), because it is not reasonably compact to the corporate land body of the City of Winter
Springs and is included in the urban services and joint planning area boundaries of another
municipality, the City of Oviedo. Further, the subject property is not adjacent, on at least sixty
(60) percent of its external boundary, to any combination of the municipal boundary and the
boundary of an area or areas developed for urban purposes as defined in Section 171.043(2), F.S,
The subject property is also located within the Oviedo-Seminole County Joint Planning Area
boundary as provided in the City of Oviedo/Seminole Joint Planning Interlocal Agreement (JP A)
adopted by the City of Oviedo City Council on September 20, 1999 and the Seminole County
Board of County Commissioners on September 28, 1999. The subject annexation is in conflict
with the lP A for the following reasons:
1) It is the intent of the lP A to protect the rural character of areas designated Rural on
Seminole County's Comprehensive Plan. The subject property is located within the
adopted Rural Area Boundary (Black Hammock Area) and designated Rural-3:on
Seminole County's Comprehensive Plan future land use map.
2) The subject property is located within the Future Oviedo Annexation Area map as
provided in Exhibit "D" of the JP A.
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Honorable Paul Paryka, Mayor, City of Winter Springs
Ordinance No. 2000-36
November 13, 2000
Page 2
3) The subject annexation is inconsistent with the JP A's planning objectives to protect the
integrity of and discourage urban sprawl into the rural area of the County known as the
"Black Hammock". In conjunction with the subject annexation, the City of Winter
Springs is considering a comprehensive plan amendment to change the subject property's
future land use designation from Seminole County Rural-3 to City of the Winter Springs
Commercial and a change of zoning request to change the subject property's zoning
classification from Seminole County A - 3, Agriculture, to City of Winter Springs C-l,
Commercial. Rule 9J-5, Florida Administrative Code, urban sprawl as "urban
development or uses which are located in a predominantly rural areas, or rural areas
interspersed with generally low-intensity or low-density urban uses, and which are
characterized by one or more of the following conditions: (a) The premature or poorly
planned conversion of rural land to other uses; (b) The creation of areas of urban
development or uses which are not functionally related to land uses which predominate
the adjacent area; or ( c) The creation of areas of urban development or uses which fail to
maximize the use of existing public facilities or the use of areas within which public
services are currently provided. Urban sprawl is typically manifested in one or more of
the following land use patterns: Leapfrog or scattered development; ribbon or strip
commercial or other development; or large expanses of predominantly low-intensity,
10w-density, or single-use development."
The subject property is not only 10cated in a predominantly rural area but is located in
Seminole County's adopted Rural Area. The surrounding area is predominately rural
agricultural and residential uses. As one drives through the area, it is obvious that
development of the subject property at the proposed densities and intensities is
premature. Annexing the subject property and assigning it a Commercial future land use
designation and Commercial zoning classification equate to the creation of an area of
urban development or uses which are not functionally related to land uses which
predominate the adjacent area and fails to maximize the use of areas within which public
services are currently provided. The subject annexation and resultant City Commercial
future land use designation and C-1 zoning classification will cause leap frog, strip
commercial development on the subject property. Therefore, the subject annexation and
resultant comprehensive plan amendment and change of zoning request meet the
definition of urban sprawl provided in Rule 9-J5, Florida Administrative Code and are
inconsistent with the JP A's planning objective.
4) The subject annexation and resultant comprehensive plan amendment and change of
zoning request are inconsistent with the JP A's "Future Land Use Equivalency Chart"
which identifies compatible land use designations adjacent to the County's East Rural
Area. According to the Equivalency Chart, the equivalent future land use designation to
the existing Seminole County future land use designation is either Low Density
Residential- Transitional or Rural. The resultant City Commercial future land use
" ~- .
...~~
Honorable Paul Paryka, Mayor, City of Winter Springs
Ordinance No. 2000-36
November 13, 2000
Page 3
designation and C-l, Commercial, zoning classification are not consistent with the either
ofthe JP A's equivalent future land use designations.
The City of Winter Springs Local Planning Agency conducted public hearings on October 4,
2000, and thereat, tabled consideration of the resultant comprehensive plan amendment and
change of zoning request until the issues pertaining to the JP A can be resolved. To date, the
resultant comprehensive plan amendment and change of zoning request have not been scheduled
for reconsideration by the Local Planning Agency. Approval of the subject annexation will be
premature since the issues pertaining to the lP A have not been resolved.
Therefore, City of Oviedo City Council requests that the City of Winter Springs City
Commission deny the subject annexation because it does not meet the intent of Section 171,043,
F,S" and is inconsistent with the City of Oviedo's lPA with Seminole County. If you have any
questions, please contact Mr. V. Eugene Williford, III, City Manager at (407) 977-6000.
Sincerely,
THE CITY OF OVIEDO
\T~
Tom O'Hanlon, Chairman
City of Oviedo City Council
cc: Honorable Mayor and City Council of the City of Oviedo
V. Eugene Williford, III, City Manager, City of Oviedo
Mr. William L. Colbert, Esquire, City Attorney, City of Oviedo
Mr. Bryan Cobb, Director of Planning and Zoning, City of Oviedo
City of Winter Springs City Council
Mr. Ronald Mclemore, City Manager, City of Winter Springs
Seminole County Board of County Commissioners
Mr. Kevin Grace, County Manager, Seminole County
Ms, Frances Chandler, Deputy County Manger, Seminole County
Mr. Tony Matthews, Principal Planner, Seminole County
COUNTY MANAGER'S OFFICE
I
November 13, 2000
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Subject: Annexation, Plan Amendment and Rezoning Request for Luther
and JoAnn Carroll
Honorable Paul Partyka, Mayor
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
Dear Mayor Partyka:
The County has received notice of the subject annexation, plan amendment and
rezoning request for Luther and JoAnn Carroll (see enclosed map). We
understand that on November 13, 2000, the City will conduct the second of two
public hearings regarding annexation of this property and that the plan proposed
amendment and rezoning will be considered at a subsequent public hearing to be
determined,
After careful review, we believe that Commercial land use and C-1 zoning on this
property would be an encroachment of an incompatible use into the County's
Rural Area and would be inconsistent with the intent of the "1999 City of
Oviedo/Seminole County Joint Planning Interlocal Agreement", as described
below.
First, it is our belief that the proposed annexation, plan amendment and rezoning
request for this property by the City of Winter Springs would be at odds with the
County's long standing efforts to protect the character and lifestyle of the Rural
Area. The subject property is located within the County's East Rural Area and
designated as Rural-3 on the County's Future Land Use Map and zoned the A-3
rural zoning classification (see enclosed future land use map and excerpts from
the Future Land Use Element of the Seminole County Comprehensive Plan).
Secondly, in 1995, the County adopted several land use amendments in the
vicinity of the Central Florida GreeneWay/SR 434 Interchange. One of these
amendments (Amendment 95F.FLU5) established approximately 25 acres of
Commercial land use on the east side of the Central Florida GreeneWay. This
amendment was based on findings of the 1994 GreeneWay/S.R, 434 Small Area
Study and in response to development trends and the need to provide
neighborhood commercial uses in the immediate vicinity of the Interchange. In
contrast, the proposed plan amendment to Commercial land use and associated
rezoning to C-1 by the City of Winter Springs would introduce an incompatible
1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 665-7219 FAX (407) 665-7958
Honorable Paul Partyka
November 13, 2000
Paqe 2
use into the County's East Rural Area and be inconsistent with the intent of the
GreeneWay/SR 434 Small Area Study.
Thirdly, we have enclosed a page from the minutes of the City Commission's
meeting regarding the Battle Ridge property. At this meeting, Mr. Ron
McLemore, City Manager, stated that "the City has gone on record saying that
we respect the Urban Service Line and we have no interest in trying to go
beyond that point (see enclosed page 16 of the Regular Meeting Minutes of the
City Commission, January 26, 1998). Also enclosed is a copy of page 8 of the
Annexation and Pre-Development Agreement for Battle Ridge, which provides for
ten feet of property on the east property line of Battle Ridge to ensure that the
road system is not connected to future development to the east (see enclosed
page 8, Section 7(E)4 of the Annexation and Pre-Development Agreement of
1998 for Battle Ridge Companies, Inc.).
Fourth, on October 25, 2000, the County submitted a letter to Ms. Rosanne Karr,
Chairperson of the City's Local Planing Agency, objecting to the proposed plan
amendment and rezoning (see enclosed letter from Frances Chandler).
In addition, Seminole County and the City of Oviedo entered into a Joint Planning
Interlocal Agreement (JPA) in 1999. One of the main purposes of this agreement
is to "Protect the general rural character of the Rural Areas of Seminole County
as depicted in the Seminole County Comprehensive Plan..."[see enclosed JPA
page 4, Section 2(a)(3)]. This property is also located within the "Transitional
Areas", identified in the subject JPA (see enclosed JPA Exhibits "B" and "C").
Consequently, the proposals fail to address the issues, which are adequately
addressed within the JPA between the County and City of Oviedo.
Finally, you are aware that for some time now, staff from the County and City of
Winter Springs have been working toward the development of a joint planning
agreement to address land use issues along the borders of the County and City
of City of Winter Springs.
Given the above concerns, we respectfully request that the City Commission:
1. Deny the proposed annexation request for Luther and JoAnn Carroll; and
2. Direct City staff to expedite development of a joint planning agreement that
will address protection of the County's rural community and provide an overall
approach to joint land use planning between the County and City of Winter
Springs,
Thank you for the opportunity to review and comments on these matters. We
look forward to working with you and your staff toward completion of a much-
discussed joint planning agreeml3nt between our jurisdictions.
Honorable Paul Partyka
November 13, 2000
Paqe 2
If you have any questions, please feel free to contact Frances Chandler, Deputy
County Manager, who may be reached at 407-665-7224,
~Si~~~
. Kevin Grace
County Manager
Enclosures:
· Page 4, Section 2(a)(3) of thE' Seminole County/Oviedo JPA
. Future land use map
. Objective 2. 11 and related policies from the Seminole County Comprehensive
Plan
· Exhibits "B" and "C" of the Seminole County/Oviedo JPA
· Page 16 of the Regular Meeting Minutes of the City Commission, 1/26/98
· Page 8 of the Annexation and Pre-Development Agreement for Battle Ridge
· Letter from Frances Chandler dated October 24, 2000
KG:tm
cc: Ronald McLemore, City Manager, City of Winter Springs
V. Eugene Williford, III, City Manager, City of Oviedo
Seminole County Board of County Commissioners
Frances Chandler, Deputy County Manager
Jim Marino, Deputy County Manager
1:\old_dp_voI2\cp\projects\special\jpa\wsjpa\carroIl11_13_00.doc
SECTION 1.
RECITALS.
The foregoing recitals are true and
correct and form a material part of this Agreement upon which the
parties have relied.
SECTION 2. PURPOSES OF AGREEMENT/JOINT PLANNING AREA.
(a) The purposes of this Agreement are to:
(1) Provide for joint land use planning.
(2) Develop planning and land use principles and
goals, policies and objectives relative to land use planning in
areas of Seminole County that are impacted by the actions of both
.
the COUNTY and the CITY or which are of concern to the COUNTY
and/or the CITY.
(3) Protect the general rural character of the Rural
Areas of Seminole County as depicted in the Seminole County
Comprehensive Plan, as it may be amended, by establishing limits
for and conditions relating to future annexations by the CITY.
(4) Provide for mutually agreeable future land use
designations that will ensure land use compatibility between the
COUNTY and the CITY.
(5) Provide each party with a level of confidence that
their respective planning efforts will be implemented in a
harmonious manner and that the planning efforts of a party will
not detract from the planning efforts of the other party.
(6) Promote continued intergovernmental coordination
and cooperation between the COUNTY and the CITY.
(7) Reduce conflicts relative to land use matters and
resolve any disputes that may arise in accordance with agreed
upon procedures and State law.
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CaunroH, Mirate1l" &;
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Source: Prepared by Cartographies
with information from the Seminole Co
GIS data library, Original data provided by
Seminole Co. Comp Planning Depl
within Seminole County. FLU Base is
1998 data, with current updates to
County land uses.
11/6/00
IplanlcpmsOl/wkgrpalnov3wsparcel.apr
~1EMIT~ITOIG1E COlUllNJUJrY
1991 COMPREHENSIVE PLAN
continue to exist notwithstanding its incompatibility
with any land use designation created in this Plan.
However. if such sites are undeveloped or the uses
are abandoned (including as a result of acts of God or
similar occurrences or events) for a period of one
hundred and eighty (I80) days; then such sites shall
be assigned a new land use designation and rezoned
to be c;nsistent with that land use designation,
Policy 2.10.5 Special Land Use Considerations
The County shall establish an advisory council to
recommend land use and land development code
measures to help meet the needs of handicapped
residents in the County,
OBJECTIVE 2.11 PRESERVE RURAL
LIFESTYLES IN EAST SEMINOLE COUNTY
The County shall institute policies and programs
designed to preserve and reinforce the positive
qualities of the rural lifestyle presently enjoyed in
East Seminole County, referred to herein on
occasion as the "Rural Area," (as defined in
Figure 2.9) and thereby make sure the rural
lifestyle is available to future resiidents.
(Amendment: 95F.FLU II)
Policy 2.11.1 Recognition of Rural Areas
The County shall develop land development
regulations and land use strategies by April 1992 t~at
recoonize East Seminole County as an area wIth
specifiC rural character rather than an area anticipated
to be urbanized. It shall be the policy of the County
that rural areas require approaches to land use
intensities and densities, rural roadway corridor
protection, the provision of services and facilities,
environmental protection and code enforcement
consistent with the rural character of such areas.
Policy 2.11.2 Agricultural Primacy
The County shall encourage continuation of
arncultural operations in East Seminole County.
A"'gricultural uses on lands that have an agricultural
o
exemption from the Seminole County Property
Appraiser will be considered to have "primacy" in the
area. Primacy means that conflicts between such
agricultural lands and other non-agricultural uses, all
o;her factors being equal, will be resolved in favor of
the agricultural interests.
AMENDMENT 95F.FLU II, ORDINANCE 95-14 (12/12/95)
Policy 2.11.3 Land Development Code Revisions to
Accommodate Rurai Uses
The Countv shall revise The Land Development Code
by April 1992 to accommodate the "Rural" series of
land use designations with the institutional, public
and other support uses offered as Special Exceptions
to the appropriate rural zoning category, rural
clustering and roadway corridor districts.
Policy 2.11.4 Rural Cluster Development
The County shall develop rural cluster land
development regulations by April 1992 which will be
designed to preserve open space along roadway
corridors, preserve open space in rural residential
areas, preserve natural amenity areas, enhance the
rural character of the area and ensure that
development along the roadway corridors improves
or protects the visual character of the corridor by
encouraging the clustering of dwelling units, as long
as lots are no smaller than I acre, with the perpetual
reservation of the undeveloped buildable land as open
space, The rural cluster regulations are int~nded ,to
affect the location of the number of dwellIng Units
authorized by the future land use designation and not
serve as a vehicle for increasing the lot yield above
the number of units authorized by the designated rural
land use designation.
Policy 2.11.5 Roadway Corridor Overlay District
for the Major Roadways in East Seminole County
The County will develop and enact, by April 1992, a
Rural Roadway Corridor Zoning Classification
Overlay for the major roads in East Seminole Cou~ty
in order to regulate land development along the major
roadways to improve or protect the rural character of
the area. The overlay corridor classification shall
extend 200' on each side of the road right-of-way
which will oenerally correspond to the building,
parking, ando clearing setbacks unless s~c.ifica1ly
determined that a particular structure or activIty that
is located upon property assigned the classification
uniquely re-enforces the rural character of the area.
The overlay classification shall regulate land
development along the major roadway system i~ E,ast
Seminole County by, at a minimum, establIshmg
standards for:
o land use types and frequencies
o preservation of existing canopy trees
o planting of new canopy trees
o landscaping requirements
o clearing setbacks and restrictions
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~~MKNOJLnJE COlDJ1NfUJrY
1991 COMPREHENSIVE PLAN
o building character, setbacks and locations
o location of parking
o location of equipment storage
o walls, fences, entrance features and similar
structures
o location and design of retention ponds
o access management
o the number of travel lanes
o the number and location of traffic signals
o the absence or presence of overhead powerlines or
their presence on only one side of the street with
lateral crossings underground
o the location and design of signage
o the location and design of street lights
o easements, deed restrictions and other instruments
required to perpetually preserve the undeveloped
portion of the' roadway corridor. For the purposes
of this policy the tenn "major roadway system"
means County Road 419, State Road 46, County
Road 426 and SnowhilI Road to the Extent that
they are located in East Seminole County.
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FUTU~~E LAND USE ELEMENT
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1881 COIIPUHBN8IVB PLAN
Figure 2.9: SEMINOLE COUNTY
SPECIAL AREA BOUNDARIES
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LEGEND:
- WEXi'JA RIVER PROTECTION AREA
BOUNDARY
_.u. URBAN/RURAL BOUNOARY
(See Objective 2.111
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RURAL AREA (OUTSIDE ~BAN
SERVICE AREA)
EAST LAKE SYLVAN TRANSITIONAL
AREA (Su Objective 2.14)
PROPERTES SUBJECT TO LOT SIZE
RESTRICTIONS (See Objective 2.14)
[] ~BAN AREA
AMENDMENTS DUV,'!'XT:J.7
and 9!W.WI~I'A.TXTJ 7-~U
ORDINANCE !Hl-GfI
(Decemher Ifl, 1999)
~~MmNJOJL~ CCOU1\?WY
1991 COMPREHENSIVE PLAN
Policy 2.11.6 Landscaping and Maintenance
Standards for Rural Roadways
By December 1996, the County will prepare corridor
evaluations and establish landscaping/maintenance
standards for roadways in rural and transitioning
areas (SR 434 and Florida A venue), These standards
shall include: (Amendment: 95F.TXT 3.2)
o access management
o trees and landscaping
o accommodation of bike/pedestrian movement
o speed limits, signage, markings and other
operational devices
o drainage
o maintenance
o utilities.
Poliey 2.11.7 Prohibit Future Connection of
Florida A venue with Stone Street
In order to preserve the rural area of East Seminole
County and maintain the rural character of the
entrance roadways into the rural area, any future
connection of Florida Avenue with Stone Street shall
be prohibited. (Amendment: 95F.TXT 3.5)
Policy 2.11.8 Roadway Corridor Overlay District
for the Minor Roadways in East Seminole County
The County shall develop and enact, hy April 1992. a
Rural Roadway Corridor Overlay Zoning
Classilication for the minor roads in East Seminole
County in order to regulate land development along
the minor roads to improve or protect the rural
character of the area, The overlay corridor district
will extend to a point between 50-100 feet on eaeh
side of the road right-of-way which will generally
correspond to the building, parking and clearing
setbacks unless specifically determined that a
particular structure or activity that is located upon
property assigned the classification uniquely re-
enforces the rural character of the area, The overlay
classification will regulate development along the
minor roadway system in East Seminole County by, at
a minimum, establishing the standards for:
o land use types and frequencies
o preservation of existing canopy trees
AMENDMENT 95F. TXT 3.2. ORDINANCE 95-14 (12/12/95)
AMENDMENT 95F. TXT 3.5, ORDINANCE 95-14 (12/12/95)
o planting of new canopy trees
o landscaping requirements
o clearing setbacks and restrictions
o building character, setbacks and locations
o location of parking
o location of equipment storage
o walls. fences. entrance features and similar
structures
'0 location and design of retention ponds
o access management
o the number of travel lanes
o the number and location of traffic signals
o the absence or presence of overhead powerlines or
their presence on only one side of the street with
lateral crossings underground
o the location and design of signage
o the location and design of street lights
o easements, deed restrictions and other instruments
required to perpetually preserve the undeveloped
portion of the roadway corridor.
For the purposes of this policy the term "minor
roadway system" means Florida Avenue, Lockwood
Rd., Lake Mills Rd/Brumley Rd. that "loops" Lake
Mills, the proposed Chuluota By-Pass, Lake Geneva
Road., I st Street, Lake Harney Rd" Old Mims
Rd.lJungle Rd. south of SR 46, Osceola Rd., and
Mullet Lake Park Rd.
Policy 2.11.9 Rural Roadway System Level of
Service Standards
The County has adopted rural roadway level of
service standards, The major and minor roadway
system in the Rural Area currently consists of two
lane (2L) facilities. CR 419 west of the proposed
Chuluota By-Pass is the only segment programmed
for a four lane improvement. The other roads are not
expected to require, nor are they planned to receive,
capacity improvements over the 20 year planning
period, The County shall discourage additional
roadway capacity expansions and proceed to regulate
these facilities consistent with the Rural Roadway
Corridor Overlay zoning classification requirements.
Policy 2.11.10 Methods of Providing
Water Outside of the Adopted Urban
Area (as depicted in Figure 2.9)
Potable
Service
The County shall:
i
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B-52
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FUTURE LAND USE ELEMENT
~lEMTINOJL~ (COTDJ1NJcr1f
1991 COMPREHENSIVE PLAN
o Continue 10 rely primarily upon individual wells
as the method of providing potable water to the
residents and other occupants outside the urban
service area.
o Encourage private central systems that exist as of
the adopting date of this Plan to continue to
provide an adequate level of service to llsers in
their respective service area.;;, although the County
shall discourage them from expanding their
service areas.
o New uevclopment outside udorted central service
areas shall not he designed nor cunstructed with
central water 'and/or sewer systems. Public and
private central systems may he permitteu in the
future if it IS dearly and conviOl:ingly
uemonstrateu hy the proponents of the system
expansion that a health problem exists in a built
hut unserved area for which there is no other
feasihle solution. In such cases, the service area
expansiun plans will be updated concurrent with
an area-wide administrative land use update
(Amendment 98CSAS,TXT6).
Policy 2.11.11 Methods of Providing S:anitary
Sewer Outside of the Adopted Urban Servi<:e Area
(as depicted in Figure 2.9)
The County shall:
o Continue to rely primarily upon individual septic
tank systems as the method of disposal of waste-
water uutside the urban services area.
o Encourage private central systems that exist as of
the effective date of this Plan to continue to
provide an adequate level of service to IJsers in
their respective service areas. The County shall
discourage the expansion of service areas.
o New development outside adopted central service
areas shal I not be designed nor constructed with
central water and/or sewer systems. Public and
private central systems may be permitted in the
future if it is clearly and convincingly
AMENDMENT 98CSAS. TXT6, ORDINANCE 99-13
(5/11/99)
demonstrated by the proponents of the system
expansion that a health problem exists in a built
but unserved area for which there is no other
feasible solution. In such cases, the service area
expansion plans will be updated concurrent with
an area-wide administrative land use update1.
(Amendment 98CSAS.TXT7).
Policy 2.11.12 Methods of Managing Stormwater
The County shall:
o Regulate SlOrmwater management consistent with
County-wide regulations with the ohjective of
maximizing aquifer recharge, minimizing flooding
and protecting wetland systems,
() Continue to use Municipal Service Benefit Units
to fund drainage improvemenls when appropriate.
Policy 2.11.13 Methods of Collecting and
Disposing of Solid Wastes
The County shall continue to use the solid and
hazardous waste collection and disposal systems
provided throughout the county to serve the Rural
Area,
Policy 2.11.14 Recreation System Plan
The County shall prepare a Recreation System Plan
for East Seminole County by December 31, 1999 that
maximizes the collective advantages of the several
parks and trails in the Rural Area.
Policy 2.11. 15 Protection of Natural Resources
The County shall:
o Protect the wetland and flood prone areas in the
Rural Area consistent with the provisions of the
Future Land Use and Conservation Elements of
this Plan and through the potential purchase of
properties with funds deriving from the Natural
Lands Program authorized by voter referendum in
1990.
AMENDMENT 98CSAS. TXTl, ORDINANCE 99.13
(5/11/99)
B-53
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FUTURE LAND USE ELEMENT
~lEMTIN01tn~ (cOuNTY
1991 COMPREHENSIVE PLAN
o Re-evaluate the effectiveness of the County Arbor
Ordinance, referenced by Policy 2.1.6,
periodically.
o Protect the groundwater systems in the Rural Area
as depicted in Figure 2.9, including, but not
limited to. the Geneva "Lens" by:
· Continuing to permit only large lot residential
development in the Rural Area to minimize
water consumption and maximize aquifer
recharge due to small impervious surface
areas;
· Relying on a system of small individual
residential wells for the provision of potable
water that disperse the potentially adverse
effects of groundwater drawdown associated
the excessive pumping of the aquifer;
· Relying on properly installed and periodically
inspected septic tanks on large lots that return
water to the aquifer to be the primary system
of wastewater disposal; and
· Relying on stormwater management systems
designed as required by the Rural Subdivision
standards enacted in accordance with the
provisions of this Plan to maximize recharge
of stormwaler into the aquifer.
o Protect the Econlockhatchee River In East
Seminole County by:
· Regulating development adjacent to the River
in accordance with the existing Wetlands
Ordinance (see Policy 2.1.3),Regulating
development adjacent to the River in
accordance with the Econlockhatchee River
Basin Protection Ordinance enacted by the
Board of County Commissioners in 1991.
· Purchasing properties, when appropriate. with
funds from the Natural Lands Program and
other Federal, State, and regional programs,
· Enacting provisions in the Land Development
Code by April 1993 regarding the prohibition
of additional bridge crossings of the River.
o Protect the St. Johns River by:
B-54
· Continuing to enforce the eXlslJng Wetlands
Ordinance (see Policy 2.1.3).
· Purchasing properties, when appropriate, with
funds from the Natural Lands Program and
other Federal, State, and regional programs.
· Preparing an overlay protection ordinance
creating standards similar to the
"Econlockhatchee River Protection
Ordinance". (Amendment 98CSAS.TXT8)
Policy 2.11. 16 Code Enforcement and
Implementation
The County has:
o
Enacted and enforced Rural
Standards, as necessary, designed
unique needs of the Rural Area,
Subdivision
to meet the
o Completed a study to determine the most effective
method of providing improved inspection and
code enforcement services in the East Rural Area.
o Pursued Joint Planning Agreements with the City
of Oviedo and the City of Winter Springs for the
purpose of ach ieving Objective 2.11.
o Provided that 10lS originally recorded or platted as
5 acres and/or 10 acres in size in lhe old Black
Hammock Plat that have been reduced in size by
lhe amount of land dedicated to public road
rights-of-way, shall be considered as 5-acre and/or
10-acre lots for purposes of land use consistency
and dwelling unit yield determination. For
example, a lot that was originally platted as a I D-
acre lot that now contains only 9.17 acres
because, and solely because, land from the
original lot was dedicated to a public road right-
of-way, will be considered a IO-acre lot; 5 acre
(ots, and multiples of 5-acre lots, similarly
reduced, will be treated likewise.
AMENDMENT 98CSAS. TXT8. ORDINANCE 99-13
(5/11/99)
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FUTURE LAND USE ELEMENT
~JEMTIINJOJLI8 c;OlDJINJ1r1f
1991 COMPREHENSIVE PLAN
() Address conditions existing prior to adoption of
this Plan as follows:
It is the intent of the rural residential land use
dcsil!JlalillnS (Rural 3, Rural ), Rural 10) tll ~:uidc Ihc
fulurc development and use of these areas. For the
purpose of the Rural 3, Rural 5 and Rural 10
categories, structures existing as of the adoption date
of the 199 I Comprehensive Plan shall be permilled to
be rebuilt in the event of an accident or otherwise
improved as long as the gross density of residential
properly or intensity of non-residential properly of the
propcrly is not increased and/or the land use remains
consistcnt with those regulations in effect as of the
adoption date of this Plan, Lots and parcels of record
as of the date of adoption of the Comprehensive Plan
shall be allowed to be built upon even if they are
smaller than the new lot size standards, as long as all
other land development regulations are met. Parcels
of record shall include all parcels of land recorded
and all lots which are part of a subdivision plat, 5
acre Resolution or Waiver to Subdivision Regulations
which have received final approval or execution prior
to the adoption of this Plan. This provision is based
on the following findings:
· These lots and parcels are a generally accepted
development pattern by residents of the East
Area of the County;
· The grand fathering of these certain lots and
parcels will not adversely affect the overall intent
and objectives of the Rural Area Plan;
· Development of lots deriving from these :Iots and
parcels will be subject to all Land Development
Code provisions and therefore will further
implement the provisions of the Rural Area Plan;
and
· There are expressed expectations and intent by
these existing property owners to use their
property in a certain manner as evidenced
through their application for and action by the
County to record a parcel, approve and maintain
as valid a final Development Order or execute a
5-acre Resolution.
o Facilitate the continuation of the family farm by
permitting family subdivisions. It is the intent of
the "Rural 10" and "Rural 5" Land Use categories
to permit the development of tracts of land for the
use of family members for their primary
residences. For the purpose of the "Rural 10" ant.!
"Rural 5 " category, property t.!eveloped ant.!/or
suhdividet.! for Ihe use of imlllediale family
Illemhers for their primary resit.!ence shall nol he
limited in density to one dwelling unit per 10
acres, but may he developed for up 10 three family
residences on a minimun of 10 acres
notwithstanding the density pursuant to the
clustering provisions established in this Plan.
Immediate family is defined as persons related hy
blood, marriage. or adoption, such as parents,
spouses, siblings and children. Those provisions
shall not be construed to permit land to be
subdivided in a lot size smaller than I acre.
(Amendment: 95F.TXT 3.3)
Policy 2.11.17 Facilities Improvements
Consistent with the Rural Character
Improvements to public facililies sh:lll be
accomplished whenever possible in a manner so as to
preserve or enhance the rural character of East
Seminole County, This criteria shall apply to level of
se~vice standards, location, design standards,
materials and any other items impacting the final
result.
OBJECTIVE 2.12: PROTECTION OF
PRIV A TE PROPERTY RIGHTS (Created in its
entirety by Amendment 95F.TXT 7.3)
The County shall not intentionally enact or
impose any unreasonable land development
regulation or apply any land development
regulation in an unreasonable manner such that
the taking of private property rights would resulL
Policy 2.12.1 Private Property Rights Act
The County shall fully implement the provisions of
the Bert J. Harris, Jr., Private Property Rights
Protection Act (Section 1, Chapter 95-181, Laws of
Florida), Each staff recommendation relative to any
land use decision shall consider the provisions of that
Act and other general principles of law relating to the
AMENDMENT 95F. TXT 3.3, ORDINANCE 95-14 (12/12/95)
AMENDMENT 95F. TXT 7.3. ORDINANCE 95-14 (12/12/95)
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FUTURE LAND USE ELEMENT
E:XBIBIT "B"
FUTURE LAND USE EQUIVALENCY CHART
Future Land Use City Laad Use County Land Use
LDR-T '.
Suburban - Single Family R-lAAA: 20,000 sq. ft. Suburban Estates
PUD: 10,500 sq. ft. 1 DU/Acre ---
Low Density Residential ~ I LDR I LDR
Single Family 3.5 DU/Acre 4 DUI Acre
I 3.85 DUlAcre (PUD) 7 DU/Acre
Medium Density Re:sidortiai MDR MDR
8 DUI Acre 10 DU/Acre
8.6 DU/Acre (PUD)
High Density Residmtiai HDR HDR
15 DU/Acre > 10 DU/Acre
15.75 DU/Acre (PUD)
Offzce I . Office . ,. Office
30 FAR 35 FAR
Commercial Commercial : Commercial
.5 FAR (mcludes Office)
PUD: .6 FAR (includes Office, Recreation, 35 FAR
Light Industrial, Public, or Institutional) I
Industrial Industrial: <.6 FAR Industrial
PUD: Industriall<.6 FAR (includes Office & Commercial)
Commerci.'lL' .5 FAR .65 FAR
OfficeJ~3 FAR I
Publid.5 FAR
High Intensity Mixed Use Planned Unit Development i High Intensity Planned Development
Planned Development Residential: <5.0 20 DU/Acre - Transitional
Commercial: <.5 FAR 50 DUI Acre - Core
Office: <.3 FAR , .' . .35 FAR
Industrial: <.5 FAR
Public/Recreation Public I PublidQuasiPublic
Recreation
Conservation I ConserY'arion I Conservation
Rural') LDR-T I Rural 10; Rural 5; Rural 3
R-CE: 40,000 sq. ft. I lOU/IO Acres
PUD: 10,500 sq. ft. I 1 DUI5 Acres
Rural I 1 DU/3 Acres
I
< 1 DUI Acre !
(1) The equivalency chart does not apply to the ar~a between the WlOter Springs Eastern City Limit and DeLeon Street
which is outside the "Tiansition Area" and is adopted as RuraI-3 on the Seminole County Future Land Use Map.
Exhibit "C"
AREAS FOR FUTURE COMPREHENSIVE PLAN AMENDMENTS
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ReEuJar Meetine City Commission
January 26, 1998
07-98-08
Pa2.e 16
(
City's Comprehensive Plan, to add the plan policy. Mr. Matthew said the County is hoping to start
this year working with all the Cities to do joint planning agreements and said this would give [he
County time to do that, because once this is started it may take time to put a J.P.A. together. This
recommendation would get the County to a joint planning agreement in the interim for the adoption
of this policy and the second issue is the trail issue, the Florida National Scenic Trail runs east to west
and traverses this property along the old R.R line and what they ask is that some kind of provision
or statement be put in the development agreement to accommodate that trail whenever it is
developed, Mr. Matthews said he can't speak to the details of the trail issue tonight, and how that
would impact this proposed subdivision but those things could be worked out as long as it was a part
of the agreement to do that so that the applicant would be required, as a condition of the agreement,
to at least meet with the County and discuss the trail issue.
Mayor Partyka asked Mr. Matthews if ~~ knew how Commissioner Moms came to the position
regarding t~ 10 foot easement. Mr. Matthews said he knows that the } 0 foot easement was a
recommendation that came from their cun~ent manager of their Planning Division. Mayor Partyka
asked about Commissioner Morris' recommendation that the residential floor area going from 1,800
to 2,000 because of McKinJey's Mill was at 2,00 sq.ft. Mr. Matthews said the reason for that was
that they looked, (using their G.I.S. system) at the median lot sizes and home sizes in'McKinIey's Mill
and said the 2,000 sq.ft., was a recommendation that was from him to be that much more compatible
with McKinJey's l\IIill. Mr. Matthews mentioned that the Seminole County Board of Commissioners
adopted Suburban Estates and said he has not had an opportunity to go back and meet with the {
Commission (at a full board) to ask them if they have changed their mind, and said he is making the
assumption that the County Commission still maintains the current position as stated in the letter.
Mayor Partyka asked the developer if they could consider going from 1,800 sq. ft. To 2,000 sq.ft.,as
a minimum residential home, which would eliminate a major point of the County, Mr. Leonhardt said
not being a home builder, what they are finding in talking to the home builders in the community that
they are talking with are happy with the R..} A zoning and they have alerted the home builders that
there is a requirement that we achieve a retail sales value for the lot and home in the S180,000 and
higher price range, and said the R-IA standards call for 1,800 sq.ft. so it is difficuJt to ask Mr. Allen
to pick a number out of the air, a.nd so the answer is no.
Manager McLemore said to Mr. Matthews, that the City has gone on record saying that we respect
the Urban Service Line and we have no interest in trying to go beyond that point and said he thinks.
as indication as to the sincerity about that. we have amended our planning map back to that line.
Manager McLemore said the part that bothers him is with a joint agreement between' the City of
Winter Springs and the City of Oviedo relative to annexation. he said he doesn't have a problem with
that and said the City has tried to say that, but what bothers him is getting "stonewalled" (and said
he doesn't know that this would happen) by Oviedo to come to the table and get to an agreement and
said it kind of puts the City in a difficult position,
Manager McLemore said for clarification as to what the County is asking and that being "no
NOV-06-2000 09:19 P.09
2. The costs of all street signs and traffic control signs and devices
located within the Property, shall be borne by the Owner or
Developer.
3, The Owner or Developer agrees to improve the State Road 434
project entry, as part of required installations of subdivision
improvements required by the City Code on the Property, to allow
two (2) outbound and one (1) inbound entry movements,
acceleration and deceleration lanes along State Road 434,
provided these improvements are allowed by Florida Department of
Transportation.
4, The Owner will design its internal road network to preclude
connection to adjacent properties to the east. To further assure
that the road system is not connected to future developments to
the east, Developer wfl/ dedicate on the plat or by separate
recorded instrument ten feet of property on the east property line of
Owner's developable property to the project's homeowner's
association as a preserve area. The only improvements which
shall be allowed in said preserve area are those necessary to
effectuate any type of natural scenic trail, as expressly authorized
by Owner.
F.
Wall.
c.n
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The Owner or Developer of the Property shall install a six (6) foot mason~
wall on that portion of thE! Property separating any actual residential unitS:;:;
from proposed commercial properties along the north side of State Roade-,
434. p
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G.
. Building Restrictions.
The building restrictions shall be those found in the R-1A Single Family
Dwelling District, Chapter 20, Article III, Division 4 of the Code of
Ordinances of the City. They are:
1. Residential Areas:
a. Minimum lot size of residential sites within the Property shall
be eight thousand (8,000) square feet with a minim.um lot
width of seventy five (75) feet measured at the front building
line. The maximum number of lots shall be one hundred
and ten (110).
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ADMINISTRA nON
PLANNING AND DEVELOPMENT DEPARTMENT
October 25,2000
Ms. Rosanne Karl', Chairperson
Local Planning Agency/
Planning and Zoning Commission
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
Subject: Plan Amendment and IRezoning for Luther and JoAnn Carroll
Dear Ms. Karl':
The County has reviewed the subject request (see enclosed map) and is
submitting this letter in objection to the proposed small scale plan amendment
and rezoning based on the following findings.
In 1999, as you may know, Seminole County and the City of Oviedo entered into
a Joint Planning Interlocal Agreement (JPA). One of the main purposes of this
agreement is to "Protect the general rural character of the Rural Areas of
Seminole County as depicted in the Seminole County Comprehensive
Plan..."[JPA, page 4, Section 2(a)(3)]. The subject property is located within the
County's East Rural Area and is designated as Rural-3 on the County's Future
Land Use Map and zoned the A-3 rural zoning classification.
The proposed plan amendment and rezoning request for this property by the City
of Winter Springs would be at odds with the County's long standing efforts to
protect the character and lifestyle of the Rural Area. Consequently, the proposed
annexation fails to address the issues which are adequately addressed within the
JPA between the County and City of Oviedo.
Secondly, in 1995, the County adopted several land use amendments in the
vicinity of the Central Florida GreeneWay/SR 434 Interchange. One of these
amendments (Amendment 95F.FLU5) established approximately 25 acres of
Commercial land use on the east side of the Central Florida GreeneWay. This
amendment was based on findings of the 1994 GreeneWay/S.R. 434 Small Area
Study and in response to development trends and the need to provide
neighborhood commercial uses in the immediate vicinity of the Interchange.
1101 EAST FIRST STREET SANFORD Fl 32771-1468 TElEPHONE (407) 665.7397 FAX 328-2576
. '
Ms. Rosanne Kerr, Chairperson
October 25,2000
Paqe 2
In contrast, the proposed plan amendment to Commercial land use and
associated rezoning to C-1 by the City of Winter Springs would introduce an
incompatible use into the County's East Rural Area and be inconsistent with the
intent of the GreeneWay Small Area Study. Also, please note that the property is
located within the "Transitional Areas", identified in the subject JPA, which does
not allow commercial uses [JPA, page 6, Section 3(b)].
You may also be aware that for some time now, staff from the County and City of
Winter Springs have been working toward the development of a joint planning
agreement to address land use issues along the borders of the County and City
of City of Winter Springs.
Given the 'above concerns, we ask that the Local Planning Agency:
1. Recommend denial of the subject plan amendment and rezoning; and
2. Recommend development of a joint planning agreement that will address
protection of the County's rural community and provide an overall approach to
joint land use planning between the County and City of Winter Springs.
Thank you for the opportunity to review this important matter. If you have any
questions, please feel free to contact me or Tony Matthews of the County's
Planning Division at 407-665-73?1.
Sincerely,
4?~ha~r ~
Planning and Development Director
Enclosure
FC:tm
cc: Honorable Mayor and City Commission, City of Winter Springs
Ronald McLemore, City Manager, City of Winter Springs
V. Eugene Williford, III, City Manager, City of Oviedo
Seminole County Board of County Commissioners
Kevin Grace, County Managl3r
Jim Marino, Deputy County Manager
Tony Matthews, Principal Planner
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