HomeMy WebLinkAbout2001 03 26 Public Hearings B Second Reading - Ordinance 2001-19 Springs Land/Jessup Shores Property
COMMISSION AGENDA
ITEM
B
Consent
Informational
Public Hearing X
Regular
March 26,2001
Meeting
V
Mgr. / Altor / ~t
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for second reading of Ordinance 2001-19 to adopt the large scale
comprehensive plan amendment (LS-CPA-4-00) that would change the Future Land Use Map
designation of the Springs Land/Jessup Shores property from "Mixed Use" to the "Town Center"
designation.
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for second
reading of Ordinance 2001-19 to change the Future Land Use Map designation to allow
development of the property according to the requirements of the Town Center District Code.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of Florida Statutes Chapter 163.3184(15)(b) F.S, which state: "The local
governing body shall hold at least one advertised public hearing on the proposed comprehensive
plan or plan amendment as follows:
1. The first public hearing shall be held at the transmittal stage pursuant to subsection
(3). It shall be held on a weekday at least 7 days after the day that the
advertisement is published,
COD/March 19,200113:34 PM
MARCH 26, 200 I
PUBLIC HEARING AGENDA ITEM B
Page 2
2. The second public hearing shall be held at the adoption stage pursuant to
subsection (7). It shall be held on a weekday at least 5 days after the day that the
second advertisement is published."
The provisions of 166,041(3)(a)which state in part: "Except as provided in paragraph (c), a
proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10
days prior to adoption, be noticed once in a newspaper of general circulation in the municipality,"
CONSIDERA TIONS:
· The developer has expressed an interest in developing the property primarily for a multi-
family apartment or condominium complex.
. The Florida Department of Community Affairs issued its ORC (Objections,
Recommendations, and Comments) Report on January 26,2001 and did not offer any
objections, recommendations, or comments on this proposed amendment.
· The Local Planning Agency at its March 7,2001 meeting reviewed the ORC Report,
noting that there were no comments from DCA on the proposed amendment, and made its
recommendation to the City Commission,
· On March 21, 2001, the Commission approved the first reading of Ordinance 2001-19 to
adopt the large scale comprehensive plan amendment (LS-CP A-4-00) that would change
the Future Land Use Map, designation of the Springs Land/Jessup Shores property from
"Mixed Use" to the "Town Center" designation.
FINDINGS:
.
There were no objections, recommendations or comments for proposed amendment
LS-CP A-4-00 in the ORC Report issued by DCA.
.
The proposal to redesignate the Springs Land /Jessup Shores property from "Mixed Use"
to the new Future Land Use Map designation "Town Center" is consistent and compatible
with the City's Comprehensive Plan due to the property being adjacent to the area already
designated on the Future Land Use Map for "Town Center'. The Town Center
designation allows for and encourages a mixed use development pattern of commercial
and residential. The current designation of the subject property is "Mixed Use" which also
allows for commercial and residential development. The intention of the property owner
CDD/March 19, 2001/5:09 PM
None.
MARCH 26, 2001
PUBLIC HEARING AGENDA ITEM B
Page 3
is to develop the property with both commercial and residential components in accordance
with the "Town Center" Future Land Use Map designation and the Town Center (Zoning)
District Code.
.
The surrounding properties are essentially vacant. Any development involving commercial
and high density residential i,e. apartments/condominiums in the near future should not
present a nuisance to surrounding properties.
.
At the time of site development, a traffic impact analysis will be required to determine the
measures required to offset the impacts and maintain traffic flow.
.
The City has development standards in its land development regulations to ensure minimal
impacts on surrounding properties, such as buffering, The State can require deceleration
lanes and center turn lanes to maintain traffic flow. The City"s land development
regulations and the site plan review process of the Development Review Committee can
help prevent or minimize potential nuisances.
.
The comprehensive plan amendment is compatible with the other elements of the City's
Comprehensive Plan,
.
The comprehensive plan amendment is compatible with and furthers the State
Comprehensive Plan, in Chapter 187 F.S.
.
The comprehensive plan amendment is compatible with and furthers elements of the East
Central Florida Comprehensive Regional Policy Plan (aka Strategic Regional Policy Plan).
FISCAL IMPACT:
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2001-19 is scheduled for
March 26,2001. The ordinance would become effective after 21 days of the issue of "Notice of
Intent" by the Florida Department of Community Affairs to find the large scale comprehensive
plan amendment in compliance. [ref: 163.3 I 84(1O)(a) F.S,]
CDD/Marclll9, 200l/3:34 PM
MARCH 26, 2001
PUBLIC HEARING AGENDA ITEM B
Page 4
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a public hearing for second reading and adoption of
Ordinance 2001-19 to change the Future Land Use Map designation of the Springs Land / Jessup
Shores property from "Mixed Use" to "Town Center", incorporating the City staff and the Local
Planning Agency's Findings as the basis for the adoption of the plan amendment.
LOCAL PLANNING AGENCY RECOMMENDATION:
The Local Planning Agency at its March 7, 2001 meeting recommended the City Commission
approve the change of Future Land Use Map designation of the Springs Land I Jessup Shores
property from "Mixed Use" to "Town Center", incorporating the City staff and the Local
Planning Agency's Findings as the basis for the adoption of the plan amendment.
ATTACHMENTS:
A. Ordinance 2001-19
B. LS-CP A-4-00 Plan Amendment Original Data & Analysis Submission Included in the
Transmittal to the Florida Department of Community Affairs.
C. Ad in Orlando Sentinel.
COMMISSION ACTION:
CDD/March 19,2001/3:34 PM
ATTACHMENT A
ORDINANCE 2001-19
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
LARGE SCALE COMPREHENSIVE PLAN
AMENDMENT (LS-CPA-4-00) CHANGING THE
FUTURE LAND USE MAP DESIGNATION FROM,
"MIXED-USE" TO THE NEW "TOWN CENTER"
DESIGNA TION ON AN 18 +/- ACRE PARCEL;
LOCATED ON THE WEST SIDE OF THE FDOT
RETENTION BASIN JUST EAST OF THE U.S. POST
OFFICE ON 'THE SOUTH SIDE OF THE CURVE
ALONG S. R. 434 AND MORE PARTICULARLY
DESCRIBED BELOW; PROVIDING FOR
INCORPORATION INTO THE COMPREHENSIVE
PLAN; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et Seq., Florida Statutes (1987) established 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, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens,
and all interested parties submitting written and oral comments and has recommended adoption to
the City Commission; and
WHEREAS, pursuant to section 9J-Il.006, Florida Administrative Code, this
City of Winter Springs
Ordinance No, 2001-19
Page 1 of 5
Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal
allowance for comprehensive plan amendments; and
WHEREAS, on November 13,2000, the City Commission of the City of Winter Springs
held a duly noticed public hearing on the proposed Comprehensive Plan amendment and
considered findings and advice of staff, citizens, and all interested parties submitting written and
oral comments, and after complete deliberation, approved the amendment for transmittal to the
Florida Department of Community Affairs; and
WHEREAS, on January 26, 2001, the Florida Department of Community Affairs issued
its Objections, Recommendations, and Comments Report ("ORC Report") to the City and made
recommendations to bring the subject Comprehensive Plan amendment in compliance with Rule
9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes.
WHEREAS, the City Commission and the Local Planning Agency have reviewed and have
evaluated the ORC Report and has made certain modifications to the Comprehensive Plan
amendment originally transmitted to the Florida Department of Community Affairs in order to
bring the amendment into compliance with Rule 9J-5, Florida Administrative Code and Chapter
163, Part II, Florida Statutes; and
WHEREAS, on March 26,2001, the City Commission of the City of Winter Springs held
a duly noticed public adoption hearing on the proposed plan amendment set forth hereunder and
considered findings and advice of staff, the Land Planning Agency, citizens, and all interested
parties submltting written and oral comments and supporting data and analysis, and after complete
deliberation, hereby finds the requested change consistent with the City of Winter Springs'
City of Winter Springs
Ordinance No, 2001-19
Page 2 of 5
Comprehensive Plan; 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; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are tnle and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to change the Future Land Use Map designation ofthe 18 acre parcel generally known
as The Springs Land / Jessup Shores Property From Seminole County Future Land Use Map
Designation "Mixed Use" to City Future Land Use Map Designation "Town Center".
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit "I" from Seminole County Future Land Use Map designation "mixed
use" to future land use map designation "Town Center". Exhibit "1" 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
City of Winter Springs
Ordinance No, 2001-19
Page 3 of 5
163.3187(1)(c)(4), Florida Statutes, and the corresponding provIsIons of the Florida
Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 9.
Effective Date and Legal Status ofthe Plan Amendments. The effective
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is issued by the Florida Department of Community Affairs, or the Administration
Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No
developmenforders, development permits, or land use dependent on these Amendments may be
issued or commenced before it has become effective. If a final order of noncompliance is issued
City of Winter Springs
Ordinance No. 2001-19
Page 4 of 5
by the Administration Commission, the Amendments may nevertheless be made effective by
adoption of a resolution affirming its effective status. After and from the effective date of these
Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of
Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall
have the legal status of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 26th day of March, 200 I.
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
F:\DOCS\City of Winter Springs\Ordinances\Tow,n Center - Large Scale Flum - Springs Land-Jessup Shores.kj
City of Winter Springs
Ordinance No, 2001-19
Page 5 of 5
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FUTURE LAND USE MAP
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ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
, 1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development Dept.
Planning Division
LOCAL PLANNING AGENCY REGULAR AGENDA ITEM:
II. F.
SPRINGS LAND / JESSUP SHORES PROPERTY LARGE
SCALE PLAN AMENDMENT (LS-CPA-4-00)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3174(4) Florida Statutes which state "Be the agency (Local
Planning 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. During the preparation of the plan or plan
amendment and prior to any recommendation to the governing body, the Local Planning
Agency shall hold at least one public hearing, with public notice, on the proposed plan or
plan amendment."
The provisions of Sec. 20-57 of the City Code which state in part ". .the planning and
zoning board shall serve as the local planning agency pursuant to the county
comprehensive planning act and the local government comprehensive planning act of the
state. . ."
It is City Administration policy that the applicant must provide the data, inventory and
analysis in support of the proposed comprehensive plan amendment and provide the
response to the ORC Report.
APPLICANT:
OWNER:
Spriggs Land / Jessup Shores JV
175 Lookout Place, Suite 201
Maitland, FL 32751
[ same]
LOCAL PLANNING AGENCY
March 7, 2001
Springs Land / Jessup Shores Plan Amendment
LS-CPA-4-00
Page] of3
REQUEST:
For the Local Planning Agency to review and recommend adoption of the plan am.endment
that would change the Future Land Use Map designation from "Mixed Use" to the new
"Town Center" designation on an 18 +/- acre parcel.
PURPOSE:
The property owner of the 18 +/- acres desires to develop the property in accordance with
the Town Center development regulations.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC) FROM
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAffiS:
NOTE:
There was not ORC Report issued by DCA. Therefore, DCA has no objections,
recommendations or comments.
FINDINGS:
.
There was not ORC Report issued by DCA. Therefore, DCA has no objections,
recommendations or comments.
.
This general area along S.R. 434 around this site is developing with single family
subdivisions such as Park Stone and Winding Hollow. The City has finalized the Town
Center Future Land Use Map designation and area and established the Town Center
Zoning District. Developers have been contacting the City with increasing interest now
that the Town Center concept and regulations have been finalized. First ground breaking is
expected around the intersection of S.R. 434 and Tuskawilla Road with a grocery store
and offices on the former Kingsbury Property at the northwest comer.
.
The proposal to redesignate the Springs Land / Jessup Shores property from "Mixed Use"
to the new Future Land Use Map designation "Town Center" is consistent and compatible
with the City's Comprehensive Plan due to the property being adjacent to the area already
designated on the Future Land Use Map for "Town Center". The Town Center
designation allows for and encourages a mixed use development pattern of commercial
and residential. The current designation of the subject property is "Mixed Use" which also
allows for commercial and residential development. The intention of the property owner
is to develop the property with both commercial and residential components in accordance
with the "Town Center" Future Land Use Map designation and the Town Center (Zoning)
District Code.
LOCAL PLANNING AGENCY
March 7,2001
Springs Land I Jessup Shores Plan Amendment
LS-CPA-4-00
Page 2 of3
.
The surrounding properties are essentially vacant. Any development of involving
commercial and high density residential i.e. apartments/condominiums in the near future
should not present a nuisance to surrounding properties.
.
At the time of site development, a traffic impact analysis will be required to determine the
measures required to offset the impacts and maintain traffic flow.
.
The City has development standards in its land development regulations to ensure minimal
impacts on surrounding properties, such as buffering. The State can require deceleration
lanes and center turn lanes to maintain traffic flow. The City's land development
regulations and the site plan review process of the Development Review Committee can
help prevent or,minimize potential nuisances.
.
The comprehensive plan ,amendment is compatible with the other elements of the City's
Comprehensive Plan
.
The comprehensive plan amendment is compatible with and furthers elements of the State
Comprehensive Plan, in Chapter 187 F.S.
.
The comprehensive plan amendment is compatible with and furthers elements of the East
Central Florida Comprehensive Regional Policy Plan.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency make the following recommendation to
the City Commission: '
That the City Commission hold a second (adoption) public hearing and adopt the
large scale comprehensive plan amendment (LS-CP A-4-00) based on the Findings
and the original plan amendment data, inventory and analysis.
AITACHMENTS:
1. LS-CP A-4-00 Plan Amendment Original Data & Analysis Submission.
LOCAL PLANNING AGENCY
March 7, 2001
Springs Land I Jessup Shores Plan Amendment
LS-CPA-4-00
Page 3 of3
ATTACHMENT 1
SPRINGS LANO/ JESSUP SHORES JV
PROPOSED LAND-USE AMENDMENT
'DATA & ANALYSIS REPORT
September, 2000
Prepared For:
Springs Land/Jessup Shores JV
175 Lookout Place. Suite 201
, Maitland, Florida 32751
Presented by
I
daly design group, inc.
861 W. Morse Blvd. Suite 125
Winter Park, Florida 32789
(407) 740-7373 Fax 740-7661
Land Use Amendment Narrative
J. Site Description
The subject site is approximately 15 acres located on the south of State Road 434, and continues to
the current Town Center District.
II. Surrounding Uses
North: Vacant
East: Post Office
South: Vacant
West: Conservation
i}
III. Amendment Request
A. Future Land Use
The proposed development program will include a mixture of residential and commercial. The
existing land use designation on the city of Winter Springs Future Land Use Map is mixed
use. Therefore the proposed uses are consistent with the current land use designation.
Property to the north is also designated mixed use, with a portion of this property being
owned by the applicant. The lands lying to the south are designated as moderately dense
residential and public use the public use property is a large retention pond used for stonn
water management of State Road 434. Property to the east is designated town center. The
property to the west is designated for commercial. Central Winds Park is located directly
north east of the proposed amendment.
B. Zoning
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The current zoning for this property is a mixture of C-1 and C-2 both allowing commercial
uses under the city of Winter Springs Zoning Code. Property north of the site is also zoned C-
1
doly design group, Inc. · 861 west morse blvd. . suite 125 . winter park, fl 32789
phone 407,740-7373 . fox 407-740-7661
1 while lands lying west of the proposed amendment is zoned C-2. Finally, property to the
south consists of R-3 (multi-family) and C-1 commercial. The proposed amendment of town
center will be compatible with the zoning designations on the adjacent properties.
IV. Statement of Compatibility
The subject request to amend the future land use of this property from mixed use to town center will
be compatible with the surrounding zoning and development pattems. This property can be
incorporated into the Town Ce~ter District while meeting current Comprehensive Plan Goals,
Objectives and Policies.
The following findings are made with respect to the site's compatibility with the surrounding
development.
A. The site is contiguous with the current town center boundaries
B.
The mixed use nature of this proposal will be consistent with the current land use
designation.
?~.
C. Properties surrounding this project are zoned and contain a future land use
designation of either commercial or multi-family. Both uses are proposed for this site.
V. Town Center Background
On June 12, 2000, the City of Winter Springs adopted the Town Center Future Land Use Map designation
and assigned the same to approximately 240 acres of property. The creation of the new Land Use resulted
from several considerations, including, but not limited to:
· The State Road 434 Corridor Vision Plan outlined a "Town Center" located around the intersection of
State Road 434 and Tuskawilla Road.
· Policy 3(c), the Traffic Circulation Element of the Winter Springs Comprehensive Plan, refers to the
"creation in the undeveloped central area of Winter Springs of a primary civic, business and service
focus for the City".
2
doly design group. Inc, . 861 west morse blvd, . suite 125 . winter pork, fl 32789
phone 407-740,7373 . fox.407-740-7661
. The City Commission declared that, based on numerous public meetings, that the Town Center will be
developed in the "neo-traditional" or "new urbanism" approach involving mixed uses with increased
densities and intensities.
According to the City's Comprehensive Plan, the .primary and fundamental purpose of the Town Center shall
be a place where people can reside in a mix of single and multiple family dwellings, and also gather to shop,
relax, recreate, be entertained, attend community events, and enjoy the natural beauty of lands located in the
Town Center".
VI. Urban Sprawl
9J-5.006(5), Future Land Use Element, of the Florida Administrative Code pertains to the review of
plans and plan amendments for discouraging urban sprawl.
The following is a list of urban sprawl indicators with respective responses as to why this proposed
Plan Amendment does not promote urban sprawl.
~
A. Promotes, allows or designates for development substantial areas of the jurisdiction to
develop as low intensity, or single-use development or uses in excess of demonstrated need.
Response: The subject site is an infill property. The development program consists of a
mix of uses including residential of High Density and a non-residential tract. These uses will
support those proposed uses in the Town Center district and will not be in excess of
demonstrated need.
B. Promotes, allows or designates significant amounts of urban development to occur in rural;
areas at substantial distance from existing urban areas whole leaping over undeveloped land
which are available and suitable for development.
Response: The subject site is contiguous to the Town Center and is surrounded by
urban development.
c. Promotes, allows, or designates urban development in radial, strip, isolated or ribbon patterns
generally emanating from existing rural developments.
3
doly design group, Inc, . 861 west morse blvd. . suite 125 . winter pork, fl 32789
phone 407-740-7373 0 fax 407-740-7661
Response: This site is an infill property that surrounded is by urban development. The
amendment would not create urban development on radial, strip, isolated or ribbon pattern.
D. As a result of premature or poorly planned conversion of rural land to other uses, fails to
adequately to protect and conserve natural resources, such as wetlands, floodplains, native
vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas,
lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural
systems.
Response: This proposed development program for the site will not impact any flood
prone areas and will protect any conservation areas found on the site.
E. Fails to adequately protect use of existing public facilities and services.
Response: Public facilities and services are readily available. Adequate capacity is
available for all services provided to the site.
F.
Fails to maximize use of future public facilities and services.
il
Response: The development program offers a mix of uses at an intensity and location
that maximizes the use of future public facilities and services.
G. Allows for land use patterns or timing which disproportionately increase the cost in time,
money and energy, of providing and maintaining facilities and services, including roads,
potable water, sanitary sewer, storm water management, Jaw enforcement, education, health
care, fire and emergency response, and general government.
Response: The proposed development program will not adversely impact available
capacity for roads, water, sewer service, and storm water management systems.
Furthermore, the development site is located at the center of town within minutes from law
enforcement, education facilities, health care, fire and emergency response, and general
government.
H.
Fails to provide clear separation between rural and urban land uses.
\
i
.\
Response:
Separation between rural and urban land uses are not an issue for the site.
4
daly design group, Inc. · 861 west morse blvd. . suite 125 . winter park. fl 32789
phone 407-740-7373 . fqx 407-740-7661
I. Discourages or inhibits infill development or redevelopment of existing neighborhoods and
communities.
Response:
The subject property is infiJ/ development.
J. Fails to encourage an attractive and functional mix of uses.
Response: The request for the site combines a mixture of residential and non-residential
uses. Furthennore, the Town Center district contains architectural standards and siting requirements
that facilitate attractive development.
K.
Results in poor accessibility among linked or related land uses.
Response: The Town Center district encourages pedestrian movements between
varying uses. In addition, the site will be located within a 5 minute walking distance from the
heart of the Town Center and lies across from central Winds Park and is adjacent to the city
post office.
~
l. Results in lies of significant amounts of functional open space.
Response: Open space will be provided to the residents via walking trails, a recreation
center, also directly adjacent to the site is the cities Central Winds Park.
VII. land Use Element
A. Goal (2)
To preserve the natural drainage features within Winter Springs as assets complementing the
residential and commercial areas.
Comment: The preliminary drainage design takes full benefit of the site's topography by
creating stonn water treatment and storage at the lowest contours of the upland areas of the
site. In a significant rain event, the storm water will outfall into the conservation areas.
1. Objective (A)(2): Perpetuation of the existence and benefit of natural drainage
features, excluding them from uses that require the support of urban infrastructure.
5
doly design group. Inc. . 861 west morse blvd. · suite 125 . winter pork. fl 32789
phone 407"740-7373 · fox 407-740-7661
Comment: The developable portions of the site are not natural drainage
features; however, the conservation area does serve as a basin into which many
surrounding properties outfall. The conservation area, as a natural drainage feature,
will not require any urban infrastructure related to this development.
2. Objective (8): uThe City shall ensure the protection of natural drainage features and
other natural resources such as native vegetative communities, historic resources,
and wildlife habitat by providing for clustering of development on property proposed
to be improved in exchange for 'preservation of natural resources, and permitting
equivalent increased construction on the remainin'g land owned by the same entity.
Comment:
Development will be clustered onto the upland areas of the property.
B. Goal (3)
1.
Objective (C): Allocation of acreage and diversity of land uses sufficient for civic,
commercial, and industrial activity, either separately, or within a mixed-use
classification.
~
Comment: The development proposes a mixture of residential units, non-
residential use that compliment the Town Center district, and passive and active
recreation. The addition of the uses further the City's objective to allocate diversity of
land uses.
C. Goal (4)
1. Objective A, Policy (5): Recreation facilities shall be installed in a neighborhood park
serving the area in which a new subdivision located."
Comment: With the construction of the residential component of the subject
development, active and passive recreation areas will be provided.
6
daly design group, Inc,
. 861 west morse blvd. · suite 125
phone 407"740-7373 . fax 407-740-7661
.
winter park, fl 32789
VIII. Town Center Lane Use Element
A. Vision
"The City Commission of the City of Winter Springs desires to implement the requirement of
Policy 3c of Objective A under Goal 1 of the Traffic circulation Element which indicates that
there be "creation in the undeveloped central area of Winter Springs of a primary civic,
business and service focus or the City. It is the declaration of the City Commission, based on
numerous public meetings, that the Town Center will be developed in the "neo-traditionaJ" or
"new urbanism" approach involving mixed uses with increased densities and intensities,"
Comment The location of this proposed Land Use Amendmen~ is contiguous to the
current Town Center district, and is therefore, sited in the central area of Winter Springs. The
development program for the site will provide uses that compliment the remainder of the
Town Center as it develops.
B. Goal (5)
The primary and fundamental purpose of the Town Center shall be a place where people can
reside in a mix of single and multiple family dwellings, and also gather to shop, relax,
recreate, be entertained, attend community events, and enjoy the natural beauty of lands
located in the Town Center."
~,
Comment: The residential and non-residential components of the development will be
designed so as to encourage pedestrian interaction. This will be accomplished through
pedestrian walkways, passive recreation areas, and active recreation areas. Furthennore, the
heart of the Town Center will be located within a 5 minute walking distance from the subject
site.
1. Objective A: "The Town Center should be located in close proximity to existing
public facilities such as City Hall, Winter Springs High School, Central Winds
Community Park, and U.S. Post Office. The Town Center should be a compact area
primarily located on the north side of Route 434 and along both sides of Tuskawilla
Toad, as depicted on the City's Future Land Use Map,.
Comment: The subject site is contiguous to the existing Town Center district
making the site in close proximity to the aforementioned public facilities.
7
dofy design group, Inc. ,. 861 west morse blvd. . suite 125
phone 407-740-7373 · fax 407-740-7661
.
winter park. fl 32789
a. Policy 1: From time to time, the City Commission may revise the Future
Land Use Map to designate land "Town Center" consistent with this
Objective. ..
Comment: This policy provides the City Commission with clear authority
to add additional lands to the existing Town Center.
b. Policy 4: Through the enactment of creative and flexible land
development regulations, permit a variety of mixed-uses consistent,
, ,
compatible, and in harmony with the Town Center Goal, including Single
family residential, multiple family residential, commercial retail and services,
public Services and buildings, parks, and schools."
Comment: This policy is furthered in that the development program of
the subject site offers a variety of uses that are consistent, compatible, and in
harmony with the existing Town Center district.
y.
IX. Infrastructure
Roads: The site is situated in an area with a road network that more than meets the needs to
develop the subject site as proposed. The site fronts on State Road 434. The road has adequate
capacity to accommodate the subject site at an acceptable Level of Service.
Sanitary: Sanitary service will be obtained from Winter Springs There is adequate capacity to
accommodate development of the subject site at an acceptable Level of Service.
Water: Water service will be obtained from Winter Springs. There is adequate capacity to
accommodate development of the subject site at an acceptable Level of Service.
X. Wetlandsu.
An environmental assessment report was performed by Morgan Environmental Consulting (see
attached). During the assessment period, a wetland line was delineated and surveyed in accordance
8
daly design group, Inc, . 861 west morse blvd, . suite 125 . winter park, fl 32789
phone 407-740-7373 . fox 407-740-7661
with the St. Johns River Water Management District (SJRWMD) and United States Army Corps of
Engineers (UACOE) standards; a jurisdictional determination is currently being sought for this line.
Please refer to Exhibit K, Wetland Map for a hraphic depiction of the site in relation to wetlands.
XI. Soils
Please refer to Soils Map, for a graphic depiction of the on-site soils.
XII. Flood Prone
According to Flood Insurance Rate Maps, the areas of the site proposed for development do not
contain any flood prone land.
XIII.
East Central Florida Regional Planning Council and State Comprehensive Land Use Plan
~,
This Land Use Amendment Application furthers the Goals, Objectives, and Policies of the East
Central Florida Comprehensive Regional Policy Plan and the State's Comprehensive Plan.
9
dory design group. Inc, . 861 west morse blvd. . suite 125 . winter park. fl 32789
phone 407-740-7373 0 fax 407-740,.7661_
List of Exhibits
Exhibit A Site Location Maps
Exhibit B Future Land Use Map
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Exhibit C Property Zoning Map
Exhibit D Project Photographs
Exhibit E Soils Map and Legend
Exhibit F Environmental Report
EXHIBIT A
Site Location Maps
September, 2000
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daly design group inc.
land Planning. land3cape Architecture>, Project /.lanagEm<Yll ~t Consultjng
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Location Ma
Springs Land
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DA TE: 8/28/00
EXHIBIT B
Future Land Use Map
September, 2000
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Property Zoning Map
September, 2000
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861 W. Morse Blvd. Suite 125
Winter Park, Florida 32789
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861 W, Morse Blvd.. Suite 125, 'Mnler Pari<, Flonda 32789
DA TE: 8/28/00
EXHIBIT D
Project Photographs
September, 2000
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Presented by
daly design group. inc.
861 W. Morse Blvd. Suite 125
Winter Park, Florida 32789
(407) 740-7373 Fax 740-7661
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Land Planning, Landscape An:;IJfteeture, Projeet Managem:nl, DeveJoprrenl C<>nsulling
861 W. Morse Blvd.. S...le 125, 'Mnler Pan<, Florida 32789 (407) 74().7373
Pro. ect Photo ra hs
Springs Land
Lake Jessup N DATE: 8/28/00
EXHIBIT E
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Soils Map and Legend
September, 2000
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861 W. Morse Blvd. Suite 125
Winter Park. Florida 32789
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Land Planning, Landscape Arcllfteeture, Projeel Managem:nt, DeveJoprrent Consulting
851 W, MoIse Blvd.. Suile 125, 'Mnler Pan<, Florida 32789 (407) 14().7373
DATE: 8/28/00
SOIL LEGEND
The recommended publication symbols are numerical. Map units without percent slope
designated are either level or they are miscellaneous areas.
SYMBOL
NAME
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Adamsville-Sparr fine sands
Arents, 0 to 5 percent slopes
Astatula fine sand, 0 to 5 percent slopes
Astatula fme sand, 5 to 8 percent slopes
Astatula-Apopka fme sands, 0 to 5 percent slopes
Astatula-Apopka fine sands, 5 to 8 percent slopes
Astatula- Apopka fine sands, 8 to 12 percent slopes
Basinger and Delray fine sands
Basinger, Samsula, and Hontoon soils, depressional
Basinger and Smyrna fine sands, depressional
Canova and Terra Ceia mucks
EauGallie and Immokalee fme sands
Felda mucky fine sand, saline, frequently flooded
Felda and Manatee mucky fine sands, depressional
lmmokalee sand
Brighton, Samsula, and Sanibel mucks
Malabar fine sand
Manatee, Floridana, and Holpaw soils, frequently flooded
Myakka and EauGallie fine sands
Nittaw mucky fine sand, depressional
Nittaw muck, occasionally flooded
Nittaw, Okeelanta, and Basinger soils, frequently flooded
Paola-St. Lucie sands, 0 to 5 percent slopes
Pineda fine sand
Udorthents, excavated
Pomello fine sand, 0 to 5 percent sloped
Pompano fine sand, occasionally flooded
St. Johns and EauGallie fine sands
Seffner fine sand
Tavares-Millhopper fine sands, 0 to 5 percent slopes
Tavares-Millhopper fine sands, 5 to 8 percent slopes
Perra Ceia muck, frequently flooded
Urban land, 0 to 12 percent slopes
Wabasso fine sand
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EXHIBIT F
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Environmental Report
September, 2000
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Presented by
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daly design group, inc.
861 W. Morse Blvd. Suife 125
Winter Park. Florida 32789
(407) 740-7373 Fax 740-7661
Morgan Environmental Consulting, Inc.
740 Florida Celltral Parkway, Suitt 2004
Longwood, Florida 32750
September 14, 2000
Mr. Alan M. Whitney
EuroCapitaJ Partners
, 75 Lookout Place
Suite 201
Maitland, Florida 32751
Re: Environmental Status Report
Springs landing Property -
Dear Mr. Whitney:
Per your request, a detailed environmental status report is attached for
your review. This report includes information relating to listed species of
wildlife and plants, as well as a review of wetland issues relating to this
property, following a thorough analysis of the site. If you have any questions
regarding the contents, please contact me at your convenience. Thank you.
~
Sincerely, _,/\ ~
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Stephen Butler
Morgan Environmental Consulting, Inc.
cc: Mr. Thomas Daly; Daly Design Group, Inc. (wI xerox of aerial)
Phone (407) 260-0448 · F<lx (407) 260-0446
ENVIRONMENTAL 5T A TUS REPORT
SPRINGS LANDING PROPERTY -:t 11 ACRES
SITE EV ALUA TJON
The Springs Landing Property Is an approximately acre tract that is
located within the limits of the City of Winter Springs, Florida. The property
fronts on both the southern and western side of State Road 434, situated
within the interior of one of State Road 434's curves, and is located
.approximately 1.5 miles east of State Road 419 and approximately 0.5 miles
northwest of Tuscawilla Road. The property is bordered to the south by
undeveloped lands and the retention ponds associated with the Winter
Springs Post Office and to the west by undeveloped lands. Surrounding
properties consist primarily of rural and singJe~famlly residential as well as
commercial development. The property rests in Section 36, Township 20
South, Range 30 East.
With regard to uplands, the majority of the Springs Landing Property would
be classified as such. These uplands can be categorized Into three (3)
distinct vegetative communities. The first of the communities can be
described as other hardwoods (FLUCCS* - 439) and is located within the
eastern-most portion of the property. These hardwoods are dominated by 3
canopy of laurel oak; a sub-canopy of like-species, cabbage palm, and
scattered wild citrus; and a sparse understory of caesarweed, beauty berry,
and greenbriar. The second upland community is located within the central
portion of the property and consists of an inactive stand of planted pine
(FLUCCS* - 441) that is dominated by a canopy of planted slash pine and
scattered laurel oak; a Sub-canopy of like-species, cabbage palm, and
scattered wild citrus; and an understory of lantana, assorted upl;and
grasses, muscadine vine, greenbriar, and caesarweed. The third and final
upland community is located primarily within the western half of the
property. This community consists of the majority of the site's uplands and
can best be described a live oak community (FLUCCS* - 427) that is
dominated by a canopy of live oak, laurel oak, water oak, magnolia, and
scattered 5weetgum and slash pine; a sub-canopy of like-species and
cabbage palmi and an understory of bracken fern, saw palmetto, sabal palm,
greenbriar, aAd muscadine vine.
*-
ENVIRONMENTAL STATUS REPORT
SPRINGS LANDING PROPERTY
PAGE 2
With respect to wetlands, one (1)- system exists on-site t~at would be
claimed as jurisdictional by the various local, state and fedetal regulatory
agencies. This system, Wetland 1, is located within the western-most
portion of the property and has been delineated via flagging and labeled MEC
101 thru MEC 116. Wetland 1 is an isolated system that can be
characterized as a mixed forested wetland (FLUCCS* - 630) that Is
- dominated by a canopy of cypress, sweetgum, red ~aple, and scattered ash;
a sub-canopy of like-species, cabbage palm, wax myrtle, and scattered
elderberry; and an understory of scattered royal fern, swamp fern,
cinnamon fern, and buttonbush. During the time of field Inspection the
central interior of the system was Inundated with approximately 1" to 3" of
surface water. In addition, cypress knees were located that were
approximately 6" to 1 2" in height. It should be stated that the, cypress were
located within the northern portion of the system, that portion which is
nearest to State Road 434.
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I have attached an aerial with the approximate property boundaries. and
jurisdictional limits delineated.
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* FLUeeS - Based on the Elorida J.,and .use and ~over klassification System,
Level III.
SOIL SURVEY
,While on-site, the subject property's soils were reviewed and '!Vere found to
be consistent with the identification of solis as listed within: the Seminole
County Soils Survey. Soils found to exist on-site are as follows: Astatula-
Apopka fine sands, 0 to 5 percent slopes (6); Basinger and Smyrna fine
sands, depressional ('1); Pamello fine sand, 0 to 5 percent slopes (27);
and, St. John's and EauGallie fine sands (29).
ENVIRONMENTAL 5T A TUS REPORT
SPRINGS LANDING PROPERTY
PAGE 3
WilDLIfE UTILIZATION
The .springs landing Property has been extensively analyzed to determine
the extent of utilization by wildlife, with special emphasis given to
endangered, threatened, or special concern species, as listed by the Florida
, . Fish & Wildlife Conservation Commission (FF&WCC) and the US Fish and
Wildlife Service (USF&WS). A wildlife survey was corilpleted via pedestrian
transects over 100% of the property at 20' to 50' Intervals (depending on
the visibility),: as specified in the FF&WCC's Wildlife Methodology Guidelines.
No species "listed as being endangered, threatened or species of special
concern was observed utilizing or residing within the limits of the subject
property .
LISTED PLANT SPECIES ANALYSIS
No species of plant listed as being rare or endangered was observed within
the boundaries of the Springs Landing Property. The site was, however,
found to contain the following species which have been listed as
"commercially exploited" by the State of Florida Department of Agriculture
and Consumer Services (FDA); royal fern (Osmunda regaJis) and cinnamon
fern (Osmunda cinnamomea). Although these species are listed, there are no
restrictions towards the development of the subject property.
~.
ATTACHMENT C
... .. .. . --- '- "'-' - , -' ,~ ~,.v v.,'" ,V,''''; LV..."..... MAl"' I HAt:t't;, t;IACULATION .
ELEMENT MAPS AND TEXT AND ADDITION OF POUCY STATEMENTS FOR Co'NSERVATION
AND RESOURCE PROTECTION,
CITY OFWINTER SPRINGS
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NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES ,~
TO ADOPT THE FOl,LOWING ORDINANCES TO CHANGE THE FUTURE LAND USE MAP DESIGNATIONS:
6,N ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA"ADOPTING A lARGE :'
SCALE COMPREHENSIVE PLAN AMENDMENT, (LS-CPA~1-OO) CHANGING THE FUTtiRE lAND,USE MAP .:
DESIGNATION FROM (SEMINOLE COUNTY) .SUBURBAN-ESTATES' TO (CITY OF WlNTER,SPRINGS) ,
'GREENEWAY INTERCHANGE DISTRICT" ON 'THE 67,85 ACRE PARCEL (AKA THE' ELIZABETH MORSE'-
=OUNDATION PROPERTY) LOCATED ON THEWEST SIDE OF S,R. 41FTHE GREENEWAY', NORTH OF S,R, '
134, ,SOUTH OF LAKE JESSUP AND EAST OF SPRING AVENUE; PURSUANT TO 166.041 FLORIDA
nATUTES; PROViDING FOR SEVERABILITY; CONFLICTS AND 'AN EFFECTIVE DATE, (SEE MAP 'A' RELAT- .
NG TO 11i~S AMENDMENT)..' ,
\N ORDI'NANCE OF THE CITY OF 'WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA ADOPTING A LARGE .
,CALE COMPREHENSNE PlAN AMENDMENT (LS-CPA-4-{]O) CHANGING THE FUTURE lAND USE MAP .'
JESIGNATION FROM 'MIXED USE. TO THE NEW .TOWN CENTER" DESIGNATION ON AN 18+1- ACRE PAR- ' ,:
~El LOCATED ON THE WEST SIDE OF THE FOOT RETENTION BASIN JUST EAST OF THE U,S, POST ::
JFFICE ON THE SOUTH SIDE, OF THE CURVE ALONG S,R. 434; PURSUANT TO 166,041 FLORIDA ~
' nATUrES; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE, (SEE MAP 'B' RELAT- , :'
NG TO THIS AMENDMENT)
IN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA ADOPTING A LARGE
iCALE COMPREHENSNE PLAN AMENDMENT (LS-CPA.5-QO) CHANGING THE.FUTURE'LAND USE MAP, ~'
lESIGNATION FROM 'MODERATE DENSITY RESIDENTIAl: (3,6 - 6,5 DU PER ACRE) AND "CONSERVATION" ,:'
'0 THE NEW'.TOWN CENTER'DESIGNATION ON AN APPROXIMATELY 34,64 ACRE PARca LOCATED ON ~
"HE WEST SIDE OF TUSKAWILLA ROAD ACROSS FROM THE FORMER HI-FLAVOR MEAT PlANT BOUNDED. ':
>N THE NORTH SIDE BY MILKY WAY AVE, AND ON THE SOUTH SIDE BY OAK FOREST iJNri 7 SUBDIVISION, :
SEE MAP 'C' RELATING TO THIS AMENDMENT)
IN ORDINANCE OF THE CITY OF WINTER SPRINGS. SEMINOLE COUNTY, FLORIDA DOPTING AN EMER-
lENCY lARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS-EM-CPA'1..o1) CHANGING THE FUTURE ,~
AND USE MAP DESIGNATION FORM 'COMMERCIAl: TO THE 'MEDIUM DENSITYRESIDENTIAl: DESIGNA- '~.
ION ON AN APPROXIMATLEY 36,21 ACRES LOCATED ON THE NORTH AND SOUTH SIDE OF S,R, 434 AND: ..
IN THE EAST AND WEST SIDE OF MOSS RO.A.[) IN GENERAL PROXIMITY TO THE S,R: 434 AND MOSS . ,.
10Al:! INTERSECTION, (SEE MAP '0' RELATING'TO THIS AMENDMENT), , . ' ,
.N ORDlANCE OF THE CITY. OF WINTER SPIRNGS~ SEMINOLE COUNTY. FLOR'D~.Acb~NG 'A'-CHANGE: "
IF ZONING (REZ-3-01) CHANGING THE ZONING'MAP DESIGNATION FROM C-1"NEJGHBORHOOD COM- '~'
IERCIAI:"TO ZONING DESIGNATION 1;1-3 'MULTI-FAMILY.DWEWNG' DISTRICr'ON APPROXIMATELY 35' ,
CRES LOCATED IN AND AROUND THE INTERSECTION OF MOSS ROAD AND STATE ROAD 434 (SEE MAP :'
=' RELATING TO THIS REZONING) . , ',', '. ,. . ,,' ':" .", : ..;
. . . ':' . .', .... . '. ...;. ",:. , . .."..... -.-
N ORDINANCE OF THE CITY' OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA ADOPTING' 'A SMALL
GALE 'COMPRHENSNE PLAN AMENDMENT '(SS-CPA:2..o1) CHANGING THE FUTURE LAND .USE MA DES- .
lNATION FROM (COUNTY) 'COMMERCIAI:, 'INDUSTRIAl:. AND .tow DENSITY RESIDENTIAl: TO (CIlY) , '
'ESIGNATION ,'INDUSTRIAl: ON AN APPROXIMATELY 6,2 ACRES lOCATED ON NURSERY ROAD JUST,~;'
~.T ~F.: ~:~, 17/92, ,CS(:E MAP "F" R~~T1NG TO T~IS AME~DMEN1) , ",;:, ' ,. " ' ':
N' ORoiNANCE OFrHE CITY ClF ~INTER'~if>RINGS, SEMiNOCi, COUNTY, fLORIDA'AOOPTINGA CHliNGE ; "
'F.~qN,ING"{R.EZ'2-'O.1)CI;iAN~I"IG !HE,ZONING MAP D~I~I;lATlON FROM (COUNl:Y) c-2."RETAlLCOM. ':
IERC~i:~"GENE~ C9M~;RCIA~ & 'WHOlESAlE~"R:1,;A ',SINGLE 'FAMilY DWEWN~'ro, (CITY)'
qNING:'QESIGNATION,c-2 ~GENERAL COMMERCIAL & INDUSTRIAl:. DISTRICT ON APPROXIMATELY 6,2' ,
qR~~I:OCAr.ED ON 1'lUE:lSERY ROAD JUST EAST O,F U,S:l'7t9:nSEE ~';.G; f!~I.ATINQ TO THI~R~ON-. . .
~Ji~,1./,; ;~;\,:.~,'~ :H ;' .. : ;':~, ::. :,::: J':(j'~Y\:>.,::;:" ':., , ...,~,:!,. ... .', ," ," ;': ~
Il~Pf.iR!NANCE OF,W(CITY OF W1NTEFI SPR(NGSi,'SE,M,iN9LE COUNrY,"F.LORII)?AQ.OFT.nNG A lARGE~. ~.
~,C9MPf!.~ENl?~E PLf.N ,AMENDM.ENT(I,$,.cPA~O) W!-IICH, WOULOCOM.P~Y-JlEPL,e.CE THE.. .:
W.AN~~S 't-ln,tETf.1AFFIC CIR<?ULATI()N}:~MENTIN V9LUM.E 1 O!=,2ANQ2 OF 2. ,": ':'.::'. .:;::
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I}.9RQI~CE;PF.,TH!O CITY OF WINT1;RSPFI'/':lGS; SEMINOLE CO\J~ Ft:.oFlI,qAAbO.~NG;THR$.:(3):~ ;
'!.lGE},SCAtE'CQMPI:lEHENSNE PlAN'AMEND/;1ENT PROPOSALS (lG-CPA'2~.4-98)TO 'ADi>:1,'EXT, TO 11
i!O:~DU~E, E~M.ENT AND ,THE,C01'lS,EIWATION El.EM~:f'NDI!'lTER\30y!=flNM.ENTAlt;q()1!o!~.;:
QNELEMEN1>THESE PROPOSED AMENDMENTS SEEK TO:.FURTHER .ENSURE'NO.DESTRUcnON, OF," ",
;GETATI.oN AND WILDLIFE, LOSS qF SlqNIFlCANT CU"LTURAl'AND ARCHEOLOGI~ RESOUflCE;ifoN'1 .; ,
tlY-OWNED PROPERTY, AND ,THAT THE CITY WILL COORDINATE WITH THE'RESQURCE PROTECTION" .
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~qmQf:IAI" INFORMATION PERTAINING TO THE ABOVE MAY,BE O,aTAlNEl) F:I;\OM .THE 9FFIC~ OF THE ~ ,
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