HomeMy WebLinkAbout2005 01 24 Public Hearings 405 Comprehensive Plan Amendment (Ordinance 2004-40), FLUM Highlander Investments
COMMISSION AGENDA
ITEM 405
Consent
Information
Public Hearin2 X
Re2ular
January 24,2005
Meeting
MGR.tz-- /DEPT ~
Authorization
REQUEST: The Community Development Department - Planning Division requests that the
Commission hold a Public Hearing for Second Reading and Adoption of a Large Scale
Comprehensive Plan Amendment (Ordinance 2004-40) changing the Future Land Use Map
designation from "Office" (Seminole County) to "Town Center District" (Winter Springs) for
eight (8) parcels containing 11.028 acres, more or less, located south of SR 434, west of the
intersection at Tuskawilla Road.
PURPOSE: Highlander Investments, Ltd. has initiated the request for a Large Scale
FLUM Amendment, changing the Future Land Use Map designation for eight (8) parcels
along SR 434, so that the existing vacant property can be developed into townhomes as part
of the Town Center.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for
the conduct of the comprehensive planning program. Specifically, the Local Planning Agency
shall:
(a) Be the agency responsible for the preparation ofthe comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of such
plan..
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to
the governing body such changes in the comprehensive plan as may from time to time be required.. .
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Article III. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
@)
January 24, 2005
Public Hearing Item 405
Page 2 of 15
CHRONOLOGY:
Sep. 16,2004- Adjacent property owners within 150' Notified by Certified Mail
Sep. 23, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Oct. 6,2004- P & Z Board (LPA) recommended approval of Ordinance 2004-40.
Oct. 14,2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing
Oct. 25, 2004- Annexation of eight (8) parcels included within an annexation study report
ofthirteen(13) parcels, transmitted to the County Board of Directors on
September 15,2004.
Oct. 25, 2004- Transmittal Hearing / 1 st Reading of Ordinance 2004-40
Nov.l, 2004- Transmittal to DCA and other agencies
Jan. 7,2005- DCA indicates no objection to the Amendment
Jan. 13,2005- Public Noticing in Orlando Sentinel of Transmittal Public Hearing
Jan. 24, 2005- 2nd Reading of Ordinance 2004-40
CONSIDERATIONS:
Applicant - Highlander Investments, Ltd. 6966 Venture Circle, Orlando, Florida 32807
Location - Along East SR 434 across from the developed portion of the Town Center
Site Information - The following eight (8) parcels currently have a (Seminole County)
"Office" future land use and are being considered for this future land use change to (City
of Winter Springs )"Town Center District".
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel LD.:
Property Acreage:
Property Legal Description:
No Physical Address
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-0020
3.969
LEG LOTS 2 & 3 (LESS RD) JOE E. JOHNSTONS
SURVEY DB. 147 PG. 221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'B'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
1159419 CR
E Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-004 A
.501
LEG EL Y 235 FT OF N 1/2 OF LOT 4 (LESS RD)
JOE E JOHNSTONS SURVEY DB 147 PG 221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel LD.:
Property Acreage:
Property Legal Description:
Page 2
January 24, 2005
Public Hearing Item 405
Page 3 of 15
PARCEL 'C'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
1163419 CR
E Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-004 B
.5.75
LEG N 1/2 OF LOT 4 (LESS EL Y 235 FT) JOE E
JOHNSTONS SURVEY DB 147 PG 221
Vacant
"A-l Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
PARCEL 'D'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
1161419 CR
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36-20- 30- 502-0000-004C
.609
LEG BEG N 38 DEG 45 MIN W 986 FT + S 51
DEG 15 MIN W 250 FT OF MOST EL Y COR LOT
9 RUN N 38 DEG 45 MIN W 100 FT S 51 DEG 15
MIN W 250.7 FT S 22 DEG 15 MIN E 104.4 FT N
51 DEG 15 MIN E 280.62 FT TO BEG JOE E
JOHNSTONS SURVEY DB 147 PG 221
Vacant
"A-l Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
PARCEL 'E'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
1165 SR 434
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park FL, 32792
36- 20- 30-502-0000-0040
.574
LEG EL Y 250 FT OF S 1/2 OF LOT 4 (LESS RD
ON E) JOE E JOHNSTONS SURVEY DB 147 PG
221
Vacant
"A-l Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
PARCEL 'F'
Property Address:
Property Owner:
No Physical Address
Highlander Investment Ltd
Page 3
January 24, 2005
Public Hearing Item 405
Page 4 of 15
Owner's Address:
2976 N Forsyth
Winter Park, FL 32792
36- 20- 3 0- 5 02 -0000-00 5 0
2.40
T 5 (LESS RD) JOE E JOHNSTONS SURVEY DB 147
PG221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'G'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
1175434
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-006A
.399
LEO NL Y 100 FT OF EL Y 200 FT OF LOT 6
(LESS RD) JOE E JOHNSTONS SURVEY DB 147
PO 221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel LD.:
Property Acreage:
Property Legal Description:
PARCEL 'H'
Property Address:
Property Owner:
Owner's Address:
1181 ESR434
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-0060
2.001
LEO LOT 6 (LESS NL Y 100 FT OF EL Y 200 FT &
RD) JOE E JOHNSTONS SURVEY DB 147 PO 221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Appraiser Parcel LD.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
Chronology of Subiect Proverty - Most of the parcels are undeveloped, however, some
were previously used as single family residential but are now vacant.
Existing Land Uses -The properties currently have the following uses: vacant,
undeveloped, and vacated single family residential.
Adjacent existing land uses, zoning and FLUM designations include the following:
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January 24, 2005
Public Hearing Item 405
Page 5 of 15
North Town Center District T -C (WS) Town Center District (WS)
I..... --.-.-.---.--.--.-.-.-.-.--.-.-.-.-.----.-.--.-.-.--..-....- ......................... ........................... .----.----.-.--.-.--.--------.--.--.--.--.
South Medium Density Residential R- T (WS) Medium Density Residential
(WS)
--_.._.~...._....._....._....._---_._..-_......_...._...._.....__.......-.....-....-....--- ............ . .................... 1-----------
East Office & Commercial A-I (SC) Office (SC)
.-- ....................... ....................... 1-------
West Town Center District T-C (WS) Town Center District (WS)
(WS) Winter Springs; (SC) Seminole County;
Development Trends - The development pattern within and surrounding the properties
are primarily urban in form and intensity, being part of the Winter Springs Town Center.
The Town Center designation incorporates a mix of uses developed in the neo-traditional
manner. The underdeveloped properties are expected to develop in a pattern consistent
with the Town Center District.
Proposed Future Land Use Classification - The proposed change in the future land use
map designation from Seminole County "Office" to City of Winter Springs "Town
Center District" is compatible with adjacent land uses and consistent with the mixed use
environment promoted within the Town Center.
Letters/Phone Calls In Favor Or Opposition - None as of September 15, 2004.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues, which staff analyzed in reviewing this
application:
Justification for Future Land Use Desi2nation - The requested future land use map
designation was determined by evaluating the prevailing character of the immediate area,
as well as evaluating the land use and the future goals and objectives of the City. Ninety-
five (95) percent of the subject area is surrounded by the City of Winter Springs, while at
least sixty (60) percent of its external boundary is adjacent to areas developed for urban
purposes.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
Availability of Access:
Direct access is from SR 434.
Improvements/expansions needed as a result of proposed annexation
In order to facilitate the safe, efficient and orderly flow of traffic through the Winter
Springs Town Center, the proposed southwesterly extension of Doran Boulevard across
S.R. 434 shall serve as the primary entrance to the development. Additionally, a
collector road is planned that will be constructed to connect with Doran Boulevard and to
run southeasterly beyond the boundaries of the development to a future intersection with
Tuscawilla Road. This collector street is consistent with the Town Center Code and
Comprehensive Plan policies, which encourage street connectivity.
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January 24, 2005
Public Hearing Item 405
Page 6 of 15
Function Classification:
S.R. 434 is a principal arterial that runs from Edgewater Drive near Orlando to Altamonte
Springs, then east to Oviedo, and then south to East Colonial Drive. S.R. 434 within the
City of Winter Springs is a four-lane east-west divided roadway. The level of service
(LOS) is 'c' from US 17-92 eastbound to Tuskawilla Road, with an LOS of 'B' from
Tuskawilla Road to the Greenway.
Tuskawilla Road is a County minor arterial, 4-lane north-south divided roadway that runs
from S.R. 434 in Winter Springs to S.R. 426 near the Orange County line. The LOS is
classified 'D' from Red Bug Rd northbound to Winter Springs Blvd, and 'c' from Winter
Springs Blvd to S.R. 434 and north into the Town Center.
POTABLE WATER:
The eight (8) parcel property area just west of the intersection of SR 434 and Tuskawilla
Road is not currently served by the City of Winter Springs for potable water, although a 12"
service line extends on the south side of State Road 434 adjacent to the property from the
west end of the area eastward to Tuskawilla Road and down that road. When developed, the
subject properties will connect to City potable water service.
WASTEWATER
Developed lots within the property area are currently served by private septic systems for
wastewater services. When developed, the subject properties will connect to City sewer
service, which is currently available along State Road 434 and at the southeast border of the
area.
RECLAIMED WATER:
Although reclaimed water lines are in place along State Road 434, the City does not have
the capacity to serve additional areas with reclaimed water at this time.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service. These
parcels will remain with Progress Energy without any interruption of service. A future
land use change will not impact the current electric rates.
SOLID WASTE:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste
Services of Florida, Inc., a private solid waste contractor who will provide service to this
area.
STORMW A TER MANAGEMENT:
The eight (8) parcel property will be subject to the City of Winter Springs stormwater
utility program. A 36" RCP line runs along State Road 434 on the north side. Smaller
18" RCP lines extend across State Road 434 to drains on the south edge of the pavement.
The area drains to the south and on site stormwater treatment and abatement will be
required consistent with City and SJRWMD regulations.
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January 24, 2005
Public Hearing Item 405
Page 7 of 15
RECREATION & OPEN SPACE:
The development will include several passive pocket parks as well as being serviced by
the City's extensive active park and recreation system.
POLICE:
The City of Winter Springs has been servicing this area with police protection, as
established in a 1987 InterLocal Agreement with Seminole County. The nearest station,
located at Moss Road and S.R. 434, has an Emergency Service Response Time of2.3
minutes, with a response time under normal conditions at approximately five (5) minutes.
FIRE:
As with Police protection, the City of Winter Springs has been servicing this area with
fire protection per the 1987 InterLocal Agreement with Seminole County. A Fire Station
is currently housed in City Hall, less than a mile from the property area.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The change in
designation from (Seminole County) "Office" to (City of Winter Springs) "Town Center
District" will not result in any nuisance potential for the surrounding properties because
proposed uses are compatible with the "Town Center District" uses and will be more
consistent with the surrounding areas than the current designation. Vegetation currently
serves to buffer Single Family residential units to the south, with additional planting
planned for the future.
Natural Resources Compatibility -
The properties under consideration do not include any conservation areas or any
environmentally sensitive areas.
SOILS
The dominant soils in Winter Springs consist of Urban Land-Tavares-Millhopper
and Urban Land-Astatula-Apopka soils which are characterized as being well-drained
soils that are sandy throughout and contain a loamy sub-soil at a depth of 40 inches
or more and are generally found in upland areas.
FLOOD PRONE AREAS
No portion of the area under consideration lies within a flood prone area.
HISTORIC RESOURCES
None.
WILDLIFE
The properties under consideration may have Gopher Tortoises. Appropriate permits
must be obtained before any removal takes place.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Comprehensive Plan graphically designates these parcels within the boundary of the
Winter Springs Town Center, and describes the Town Center as being "located between
State Road 434 and Lake Jessup and surrounding the Tuskawilla Road intersection." The
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January 24, 2005
Public Hearing Item 405
Page 8 of 15
Comprehensive Plan goes on to specify that "proposed developments in the Town Center
must be designed at densities and intensities that are compatible with adjacent existing
developments". The proposed future land use change is faithful to the intent of that
endeavor.
Transportation Element
Map 11-3 identifies the property area as a future traffic generator. In response, a traffic
light is planned at the intersection of Doran Drive and SR 434. The Comprehensive Plan
further requires a traffic study be performed during the final engineering phase. The
results of that study will determine further compliance measures, if needed.
Policy 1.5.6. The City shall review the City Code to address safe and convenient on-site
traffic flow, which includes motorized and non-motorized circulation and parking.
The Town Center Code provides for prototypes for roadways. Wider sidewalks and on-
street parking promote traffic calming and increased pedestrian safety. Connectivity
issues have been addressed with the ensuing construction of an eastbound road.
Additionally, a connecting extension of Cliff Rose Avenue across S.R. 434 will be
constructed, providing dual access off of SR 434 to the site.
Future Land Use Element
Policy 1.6.4: The City shall prohibit proposed land use amendments which are
anticipated to reduce the LOS for transportation facilities below the standard.
Related to the transportation element, adoption of the Town Center District Future Land
Use will not reduce levels of service in the area, as connector roads will be constructed to
reduce traffic intensity. The traffic light planned at Doran Drive and the connection to
Tuskawilla Road will allow for the dispersment of traffic to arterials, without the
reduction of LOS.
Policy 1.6.5: Land uses that generate high traffic counts shall be encouraged to locate
adjacent to arterial roads and mass transit systems.
While the Town Center Land Use is expected to generate high traffic counts, the two
main roads adjacent, SR 434 and Tuskawilla Road, are both arterials.
Policy 1.8.2: In order to reduce land use conflicts andfor efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves
as soon as possible.
An Annexation Study Area Report was recently completed and filed with the Seminole
County Board of County Commisisoners. These parcels are part of that study area which
is in the process of being annexed.
The requested Large Scale Comprehensive Plan Amendment changing the land use
designation of (Seminole County) "Office" to (City of Winter Springs) "Town Center
District" is compatible and consistent with the proposed use of this area for". . . a variety
of residential and non-residential uses to encourage a mix of uses that is necessary for
the economic viability of a city center" as delineated on the Town Center Master Plan.
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January 24, 2005
Public Hearing Item 405
Page 9 of 15
FINDINGS:
(1) The proposed amendment will have a favorable effect on the city's budget;
(2) The proposed amendment will not diminish the level of service (LOS) of public
facilities;
(3) There will not be an unfavorable impact on the environment or the natural or
historical resources of the city or the region as a result of the proposed amendment;
(4) The proposed amendment is consistent with the goals, objectives, and policies of the
state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central
Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code;
(5) Will not unduly burden public facilities. The city is able to provide adequate service
from public facilities to the affected property.
(6) The amendment is compatible with the surrounding neighborhoods and land use;
(7) The amendment will not cause the comprehensive plan to be internally inconsistent;
(8) The proposed amendment will not adversely affect the public health, safety, welfare,
economic order, or aesthetics of the city or region; and
(9) The amendment is compatible with the contents of the City's Evaluation and Appraisal
Report (EAR) prepared pursuant to 163.3191, Florida Statutes.
P & Z I LOCAL PLANNING AGENCY RECOMMENDATION: At a regular
meeting of the Planning and Zoning Board/ Local Planning Agency on Oct. 6, 2004, the
Board held a Public Hearing and recommended "Approval" to the City Commission.
STAFF RECOMMENDATION: Staff recommends that the City Commission hold a
Public Hearing for Second Reading and Adoption of Ordinance 2004-40, a Large Scale
Comprehensive Plan Amendment changing the Future Land Use Map designation of the
eight (8) subject properties, containing 11.028 acres, more or less, along South S.R. 434,
west of the intersection at Tuskawilla Road, from (Seminole County) "Office" to (City of
Winter Springs) "Town Center District".
ATTACHMENTS:
A- ORC Report
B- Excerpt from Approved P & Z / LP A Minutes
C- Future Land Use Map, September 2004
D- Ordinance 2004-40 with Exhibit A (Map & Legal Description)
COMMISSION ACTION:
Page 9
January 24, 2005
Public Hearing Item 405
Page 10 of 15
ATTACHMENT A
ORC Report
STATe r rL R DA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a t)Ott{~r place to call JJOme"
JEB BUSH
CN\if3HlOf
THADDEUS L. COHEN, AlA
s.c,;,re::lry
January 7, 2005
The Honorable John F, Bush
tvlayor, City of Winter Springs
1126 East S.R, 434
Wintcr Springs, Florida 32708
DcarMayor Blish:
The Department has completed its review of the proposed Comprehensive Plan
Amendment for the City ofWintcr Springs lO5-1), which was receivcd on November 4, 2004.
Copies ofthe proposed amendment have been distributed to appropriate state. regional and local
agencies for review and their comments <lrc enclosed.
The Department has reviewed the proposed amendment for consistency with Rule 91.5.
Florida Administrative Code (F.A,(',), Chapter 163, Part II, Florida Statutes (F.S.), and the
adopted City of Wintcr Springs Comprehensive Plan. Thc Dcpartment raises no objection to the
proposed amendment, and this letter serves as the Depmtmem's Objections, Recommendations
and Comments Report,
In order to expedite the regional pI:lIlning council's review of the amendments, and
pUfSlmnt to Rule 91- I 1,0 11 (5), F.A.C., please provide a copy of the adopted amendment directly
to the Executive Director of the East Central Florida RegiOlMl Planning COlUlcil (ECFRPC).
Please contact Marina PelUlington, Regional Planning Administmtor. at \850) 922-1809, if we
can be of furth.::r assistance.
Sincerely yours,
~..
Charles Gauthier, AICP
Chief of Comprehensive Planmng
CG/jw
Enclosures: Review of Agency Comments
ce: Ms. Sandra Glenn, Executive Director, ECFRPC
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Winter Spnngs
25~~ SHUMARD OAK BOULEVARD. TALLAHASSEE. FLORIDA 32399.2100
Phone' 850 488.8466/Suncol1'l 278 8466 FAX 850.921 G781iSunCI)nl 291 0781
Internnt address: ~~Jt.P /f'!!,"~Y,~,....~.~~<! ~;ta.te;"tL..\L~_
COMMUNITY DEVELOPMENT
Oi~k tk.iuh!'~Y,1.f1
);;3o/J.2100
CRITICAL StATE CONCERN FlEL.D OFFICE
;:1960v$'Sea~ l-t'QOWA'i_ $Jite 21?
~r:ithCtrt FI~.J('1Y).n;7
Cl{'~I;:?--g,;:*(;2
Page 10
January 24, 2005
Public Hearing Item 405
Page II of 15
ATTACHMENT B
Excerpt from Approved P & Z I LP A Minutes
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
OCTOBER 6, 2004
PUBLIC HEARINGS
Community Development Department - Planning Division
B. Requests That The Local Planning Agency Hold A Public Hearing To
Consider A Large Scale Comprehensive Plan Amendment (Ordinance
2004-40) Changing The Future Land Use Map Designation From "Office"
(Seminole County) To "Town Center District" (Winter Springs) For Eight
(8) Parcels Containing 11.028 Acres, More Or Less, Located South Of State
Road 434, West Of The Intersection At Tuskawilla Road.
Chairperson Krebs opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda Item.
Mr. Baker presented this Agenda Item.
Discussion.
Tape I/Side B
Discussion ensued.
Page 11
January 24, 2005
Public Hearing Item 405
Page 12 of 15
ATTACHMENT C
Excerpt from Draft Unapproved P & Z I LP A Minutes
"I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE
CITY COMMISSION ADOPTING A LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS-CPA-
05-3, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE
FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL
PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY
DESCRIBED AS EIGHT (8) PARCELS OF LAND CONTAINING 11.028
GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY
ALONG EAST STATE ROAD 434, MORE PARTICULARLY AND
LEGALLY DESCRIBED HEREIN AS EXHIBIT 'A,' AND CHANGE
THAT FROM COUNTY 'OFFICE' TO CITY OF WINTER SPRINGS
'TOWN CENTER'." MOTION BY BOARD MEMBER POE.
SECONDED. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
Page 12
January 24, 2005
Public Hearing Item 405
Page 13 of 15
ATTACHMENT C
FUTURE LAND USE MAp. September 2004
LAND USE CLASSIFICATION LEGEND
Rural
RElsldQl1llal
(1oof_",1.6I/
Low Density
RElsldQl1lial
\1,11llIbuool_1
Medium !:>>nstty
RElsldentlal
(U 00 "",0 cul-l
Hlgh Density
RQsidQl1lial
(1.100 b 2l.O 00 f-l
D. T01M1 CQnter
. · District
Industrial
Mix9d Use
Recreation
ConsQrvation
Public j Semj.Public
Commercial
~ Conservation
~ Overlay
Greeneway
IntQrchange
Page 13
~f
'~f
January 24,2005
Public Hearing Item 405
Page 14 of 15
ATTACHMENT D
Ordinance 2004-40
With Exhibit A
Page 14
ORDINANCE NO. 2004-40
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING A LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS
LS-CPA-05-3, PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP BY
DESIGNA TING CERTAIN REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
EIGHT (8) PARCELS OF LAND, CONTAINING 11.028 GROSS
ACRES MORE OR LESS, AND LOCA TED GENERALLY
ALONG EAST STATE ROAD 434, MORE PARTICULARLY
AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A,"
ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM SEMINOLE
COUNTY "OFFICE" TO CITY OF WINTER SPRINGS
"TOWN CENTER"; PROVIDING AN EFFECTIVE DATE
AND LEGAL STATUS OF THE PLAN AMENDMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the
amendment of comprehensive plans, pursuant to which the City of Winter Springs has established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures established in chapter 163, Part II, Florida
Statutes, on the proposed comprehensive plan amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
City of Winter Springs
Ordinance No. 2004-40
Page 1 of 3
the subject property large scale comprehensive plan amendment (LS-CPA-05-3) to the Florida
Department of Community Affairs for its review and comment; and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements of
the Local Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein
by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184
and 163.3187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this Ordinance are to adopt the large
scale comprehensive plan amendment (LS-CPA-05-3) designating the subject property from
Seminole County "Office"to City of Winter Springs "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 in Exhibit "A" as Seminole County "Office," to City of Winter Springs "Town
Center." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted comprehensive plan
amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(1)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
City of Winter Springs
Ordinance No. 2004-40
Page 2 of 3
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adofion of a
resolution affirming its effective status. After and from the effective date of this ametJdment, the
comprehensive plan amendment set forth herein shall amend the City of Wiqier Springs'
Comprehensive Plan and become a part of that plan and the amendment shall have the legal status
of the City of Winter Springs' Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2004.
ATTEST:
/
~/
~
Jo . Bus~or
/
/
Andrea Lorenzo-Luaces, City Clerk
/
//
Approved as to legal form and sufficiency for
the City of Winter Springs only:
,
,
/
I
/
/
I
/
I
Second Reading:
Anthony A. Garganese, City Attorne
First Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2004-40
Page 3 of 3
ORDINANCE NO. 2004-40
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING A LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS
LS-CP A-05-3, PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
EIGHT (8) PARCELS OF LAND, CONTAINING 11.028 GROSS
ACRES MORE OR LESS, AND LOCATED GENERALLY
ALONG EAST STATE ROAD 434, MORE PARTICULARLY
AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A,"
ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM SEMINOLE
COUNTY "OFFICE" TO CITY OF WINTER SPRINGS
"TOWN CENTER"; PROVIDING AN EFFECTIVE DATE
AND LEGAL STATUS OF THE PLAN AMENDMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the
amendment of comprehensive plans, pursuant to which the City of Winter Springs has established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Agency ofthe City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures established in chapter 163, Part IT, Florida
Statutes, on the proposed comprehensive plan amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
City of Winter Springs
Ordinance No. 2004-40
Page 1 of 3
the subject property large scale comprehensive plan amendment (LS-CPA-05~3) to the Florida
Department of Community Affairs for its review and comment; and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements of
the Local Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein
by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184
and 163.3187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance are to adopt the large
scale comprehensive plan amendment (LS-CP A-05-3) designating the subject property from
Seminole County "Office"to City of Winter Springs "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 in Exhibit "A" as Seminole County "Office," to City of Winter Springs "Town
Center." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted comprehensive plan
amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
City of Winter Springs
Ordinance No. 2004-40
Page 2 of 3
Section 8. Effective Date and Legal Status of the Phm Amendment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status. After and from the effective date of this amendment, the
comprehensive plan amendment set forth herein shall amend the City of Winter Springs'
Comprehensive Plan and become a part ofthat plan and the amendment shall have the legal status
of the City of Winter Springs' Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 24thdayof January ,2005.
ATTEST:
~-
nzo-Luaces, City Clerk
as to legal form and sufficiency for
Wi ter Springs only:
l\nthony A. Garganese, City Attorney
First Reading: October 25, 2004
Second Reading:
January 24, 2005
Effective Date:
See Section 8.
City of Winter Springs
Ordinance No. 2004-40
Page 3 of 3
PARCEL ID #
36-20-30-502-0000-0020
36-20-30-502-0000-004A
36-20-30-502-0000-0048
36-20-30-502-0000-004C
36-20-30-502-0000-0040
36-20-30-502-0000-0050
36-20-30-502-0000-006A
36-20-30-502-0000-0060
F,XHIRIT "A"
Ordinance #2004-40
ACREAGE
OWNER NAME
24,440 SF=
23,500 SF=
26,500 SF=
23,500 SF=
17,800 SF=
3.60 Acres
.56 Acres
,54 Acres
.61 Acres
.54 Acres
2.04 Acres
.40 Acres
1 .73 Acres
Highlander Investment Ltd
Highlander Investment Ltd
Highlander Investment Ltd
Highlander Investment Ltd
Highlander Investment Ltd
Highlander Investment Ltd
Highlander Investment Ltd
Highlander Investment Ltd
10.02 Acres TOTAL ACREAGE
PROPERTY
ADDRESS
E SR 434
1159 E SR434
1163 E SR 434
1161 E SR 434
1165 E SR 434
E SR 434
1175 E SR 434
1181 ESR434
January 24,2005
Public Hearing Item 405
Page is of is
Ordinance 2004-40
EXHIBIT 'A'
LOCATION MAP
PARCEL NUMBERS
36- 20-30- 502-0000-0020 36- 20- 30- 502-0000-0040
36-20-30-502-0000-004A 36- 36-20-30-502-0000-0050
20- 30- 502-0000-004 B 36- 20- 30-502-0000-006A
36- 20- 30- 502-0000-004C 36- 20- 30- 502-0000-0060
Page 15