HomeMy WebLinkAbout2005 04 25 Public Hearing 401, Ordinance 2005-07, LS-CPA-05-05, FLUM 10.65 acres on South Side of SR 434
CITY COMMISSION
ITEM 401
Consent
Information
Public Hearin
Re ular
x
April 25. 2005
Meeting
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a Public Hearing for First Reading and Transmittal of Ordinance 2005-07, a Large Scale
Comprehensive Plan Amendment, referenced as LS-CP A-05-05 which changes the Future Land
Use Map designation from "Office" (Seminole County) and "Commercial" (Seminole County) to
"Town Center District" (Winter Springs) for five (5) parcels containing 10.65 acres, more or less,
located on the south side of SR 434, at the intersection of Tuskawilla Road.
PURPOSE:
The City of Winter Springs is initiating the request for a Large Scale Comprehensive Plan
Text Amendment to change the Future Land Use Map designation for five (5) parcels along
SR 434 that were annexed involuntarily into the City on October 24,2005.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for
the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of such
plan.. .
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to
the governing body such changes in the comprehensive plan as may from time to time be required. . .
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprines Charter Section 4.15 Ordinances in General.
Winter Sprines Article III. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent:
Section 15-36. Review criteria:
@)
April 25, 2005
Public Hearing Item 401
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff review board's
recommendation, and recommend that the City Commission approve, approve with
modifications (text only), or deny the application for transmittal to the Department of
Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors
considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to
making its recommendation to the City Commission.
CHRONOLOGY:
Oct. 25, 2004- Property annexed into Winter Springs, Ordinance 2004-39
Mar. 23,2005- Adjacent property owners within 150' notified by Certified Mail
Mar. 24,2005- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Apr. 5, 2005- LP A heard the request and made recommendation of approval
Apr. 14,2005- Public Noticing in Orlando Sentinel of Transmittal Hearing
CONSIDERATIONS:
Applicant - City of Winter Springs
Owner- Robbie R & Edward R Ondick
Location - On the south side of SR 434, at the intersection of Tuskawilla Road.
Site Information - The following two (2) 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":
36-20-30-502-0000-0070 Seminole Co. "Office"
36-20-30-502-0000-0080 Seminole Co. "Office"
The following three (3) parcels currently have a (Seminole County) "Commercial" future land
use and are being considered for this future land use change to (City of Winter Springs) "Town
Center District":
26-20-30-5AR-OAOO-008F Sem. Co, "Commercial"
36-20-30-502-0000-009A Sem. Co. "Commercial"
36-20-30-502-0000-0090 Sem. Co. "Com mercial"
Total Acreage- 10.65 acres, more or less (This acreage is taken from the Metes and Bounds
description prepared for the Annexation and Annexation Study Report. Although this acreage
varies from the property appraiser's acreage, the property owner has indicated it to be correct.
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Appraiser Acreage:
Property Legal D Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
SR 434- No Physical Address
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36- 20-30-502 -0000-00 70
121,532 SF (Property Appraiser's acreage)
LEG LOT 7 JOE E. JOHNSTONS
SURVEY DB. 147 PG. 221
Vacant
"A-1 Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Page 2
April 25, 2005
Public Hearing Item 401
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Appraiser Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'C'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Appraiser Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'D'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Appraiser Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
SR 434- No Physical Address
E Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502 -0000-0080
116,741 SF (Property Appraiser's acreage)
LEG LOT 8 (LESS RDS) JOE E JOHNSTONS SURVEY DB
147 PG 221
Vacant
"A-1 Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
170 Tuskawilla Road
E Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS
c/o Handy Way
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502-0000-0090
23,089 SF (Property Appraiser's acreage)
LEG PT OF LOT 9 DESC AS BEG 243.48 FT N 14 DEG 3
MIN53 SEC E OF SE COR RUN N 57 DEG 4 MIN 48 SEC
W 106.51 FT N 38 DEG 45 MIN W 165 FT N 51 DEG 15
MIN E 153 FT S 38 DEG 45 MIN E 186 FT S 14 DEG 3 MIN
53 SEC W 150 FT TO BEG & W Y; OF VACD ST ADJ ON E
(LESS RD) JOE E JOHNSTONS SURVEY DB 147 PG 221
Pinch A Penny Pool Supplies- Commercial Use
"A-1 Agricultural I-Acre"
Commercial (Seminole County)
Town Center District (Winter Springs)
Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502-0000-009A
119,079 SF (Property Appraiser's acreage)
LEG LOT 9 (LESS BEG 243.48 FT N 14 DEG 3 MIN 53
SEC E OF SE COR RUN N 57 DEG 4 MIN 48 SEC W
106.51 FT N 38 DEG 45 MIN W 165 FT N 51 DEG 15 MIN
E 153 FT S 38 DEG 45 MIN E 186 FT S 14 DEG 3 MIN 53
SEC W 150 FT TO BEG) JOE E JOHNSTONS SURVEY DB
147 PG 221
Vacant
"A-1 Agricultural I-Acre"
Commercial (Seminole County)
Town Center District (Winter Springs)
Page 3
April 25, 2005
Public Hearing Item 401
PARCEL 'E'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
26-20-30-5AR-OAOO-008F
2,100 SF (Property Appraiser's acreage)
LEG PT OF LOT 8 N OF TUSKA WILLA SUBD WL Y OF
TUSKA WILLA RD & SWL Y OF SR434 & E 12 OF V ACD
ST ADJ ON W BLK A, D R MITCH ELLS SURVEY OF
THE LEVY GRANT PB 1 PG 5
Vacant
"A-1 Agricultural I-Acre"
Commercial (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D,:
Property Appraiser Acreage:
Property Legal Description:
Chronology of Subiect Property - The parcels were involuntarily annexed into the city on Oct.
25, 2004.
Existing Land Uses - All of the parcels are vacant and undeveloped except for the corner parcel
where a commercial structure was built in 1982 and is currently leased to Pinch-A-Penny Pool
Supplies.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Sites Commercial Retail! Vacant A-I (SC) Commercial (SC) &
Office (SC)
North Town Center District T-C (WS) Town Center District (WS)
. ............. ................................... .
South Medium Density Residential R- T (WS) Medium Density Residential (
East Gas Station T-C (WS) Town Center District (WS)
West Vacant (in process of being de T -C (WS) Town Center District (WS)
in Townhomes)
(WS) Winter Springs; (SC) Seminole County;
Develo1Jment 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" and Seminole County "Commercial" 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 April 12, 2005.
Page 4
April 25, 2005
Public Hearing Item 401
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and Issues, which staff analyzed m revIewmg this
application:
Justification for Future Land Use Desienation - 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 CIRCULA nON:
Availability of Access:
Direct access is from S.R. 434 and Tuskawilla Road.
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, a collector road is planned that will be constructed to connect with the light at
Doran Boulevard. This collector will run southeasterly along the boundary of these parcels to an
intersection with Tuscawilla Road. This collector street is consistent with the Town Center Code
and Comprehensive Plan policies, which encourage street connectivity,
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 five (5) parcel property area at the southwest corner 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
The one developed lot within the property area is currently served by a private septic system for
wastewater service. 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.
Page 5
April 25, 2005
Public Hearing Item 401
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 ATER MANAGEMENT:
The five (5) 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.
RECREATION & OPEN SPACE:
The development will be 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 of 2.3 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" and (Seminole County) "Commercial" 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. Additional planting will be required
as the properties are developed.
Natural Resources Compatibility-
The properties under consideration do not include any wetlands, conservation areas or any
identified environmentally sensitive areas,
Page 6
April 25, 2005
Public Hearing Item 401
SOILS
The dominant soils on three of the five parcels is Paola-St.Lucie. Paola-St.Lucie is excessively
well-drained with the depth of sand or fine sand at more than 80". Other soils on the parcels are
Tavares-Millhopper which is moderately well-drained, and Myaaka which is poorly drained.
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 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.
Page 7
April 25, 2005
Public Hearing Item 401
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 to the property, SR 434 and Tuskawilla Road, are both arterials.
Policy 1.8.2: In order to reduce land use conflicts and for efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves
as soon as possible.
An Annexation Study Area Report was completed and filed with the Seminole County Board of
County Commissioners. These parcels are part of that study area which was subsequently
annexed on Oct. 25, 2004,
The requested Large Scale Comprehensive Plan Amendment changing the land use designation
of (Seminole County) "Office" and (Seminole County) "Commercial" 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.
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. Consistency with the East Central
Florida Regional Policy Plan, adopted by Rule 29F-19,OOl, Florida Administrative Code is no
longer required as this rule was repealed;
(5) The proposed amendment will not unduly burden public facilities;
(6) The proposed amendment is compatible with the surrounding neighborhoods and land use;
(7) The proposed amendment will not cause the comprehensive plan to be internally
inconsistent, but rather, addresses current internal inconsistencies in the plan.
(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 request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida
Administrative Code.
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board! Local Planning Agency on April 5,
2005, the Board held a Public Hearing and recommended "Approval" to the Commission.
Page 8
April 25, 2005
Public Hearing Item 401
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading and
Transmittal of Ordinance 2005-07, a Large Scale Comprehensive Plan Amendment changing the
Future Land Use Map designation of the five (5) subject properties, containing 10,65 acres, more
or less, along South S.R. 434, west of the intersection at Tuskawilla Road, from (Seminole
County) "Office" and (Seminole County) "Commercial" to (City of Winter Springs) "Town
Center District", to the Department of Community Affairs, based on the Findings enumerated
above.
IMPLEMENTATION SCHEDULE:
ApI. 25, 2005- Transmittal Hearing I 15t Reading of Ordinance 2005-07
May 2, 2005- Transmittal to DCA
July 25,2005- Anticipated Adoption (tentative)
ATTACHMENTS:
A- Unapproved Minutes from P&Z/LPA Meeting of April 5, 2005
B- Future Land Use Map, March 2005
C- Ordinance 2005-07 with Exhibit A (Map & Legal Description)
COMMISSION ACTION:
Page 9
April 25, 2005
Public Hearing Item 40 1
ATTACHMENT A
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
APRIL 5, 2005
(RESCHEDULED FROM APRIL 7, 2005)
PUBLIC HEARINGS
400. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance
2005-07, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CPA-05-05
Which Changes The Future Land Use Map Designation From "Office" (Seminole County)
And "Commercial" (Seminole County) To "Town Center District" (Winter Springs) For
Five (5) Parcels Containing 10.65 Acres, More Or Less, Located On The South Side Of SR
(State Road) 434, At The Intersection Of Tuskawilla Road.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented
this Agenda Item and displayed the map of the parcels.
Discussion.
Ms. Sahlstrom said, "Staff does recommend approval to the City Commission for this Transmittal
Hearing of Ordinance 2005-07."
Discussion ensued.
Vice Chairperson Karr stated, "I have a problem with the statement that it 'Will not unduly - burden
public facilities'." Vice Chairperson Karr added, "I wonder how much more burden - Town Center
development is going to have on our water supply."
Discussion.
Vice Chairperson Karr asked, "What about the Gopher Tortoise?" Ms. Sahlstrom said, "We will require
an Environmental Study to determine if on that site there are Gopher Tortoises and if they are there, they
will have to either mitigate those or relocate them depending on how many there would be and if they
meet the threshold that's been established by the State for doing that. It's really controlled by the State
and not by the City. We do not have an Ordinance that stipulates anything in addition than what is
already required by the State."
Furthermore, Vice Chairperson Karr asked, "And then also under reclaimed water, it says, 'The City does
not have the capacity to serve additional areas with reclaimed water at this time'." Ms. Sahlstrom said,
"Right. That is correct." Vice Chairperson Karr said, "And that's not - a burden on public facilities?"
Ms, Sahlstrom stated, "Reclaimed water is a way to diminish the demand on potable water and we don't
have enough reclaimed water to expand our current reclaimed water service at this time, but we have
enough potable water available to service this site,"
Page 10
April 25, 2005
Public Hearing Item 401
ATTACHMENT A
Chairman Poe opened the "Public Input" portion of this Agenda Item.
Mr. Billy Nichols, 1281 Nature's Way, Winter Springs, Florida: addressed the Board Members regarding
his concerns with traffic as a result ofthis project.
Ms. Sam Nichols, 1281 Nature's Way, Winter Springs, Florida: spoke of her concerns with her property
being near this development. Ms. Nichols stated, "Are you going to move my mailbox - behind the new
proposed road or are you going to give me signage - to keep people from coming back there?" Ms.
Nichols added, "Am I going to have a fence or a buffer - between me and Walgreens?" Chairman Poe
stated, "I don't know that there is a Walgreens going to be there." Ms. Nichols remarked, "Or, whatever
it might be."
Vice Chairperson Karr stated, "I just wanted to let you know that these are all questions you can bring
before the Commission."
Discussion.
Ms. Nichols stated, "It has changed everything from traffic to theft has changed back there."
Chairman Poe closed the "Public Input" portion of this Agenda Item.
Vice Chairperson Karr said, "I just want the Commission to recognize that there are concerns here and
my concern is that once we Vote on this as to change it over to Town Center, we - give up our right to
say anything else." Vice Chairperson Karr added, "My concern is mainly traffic and burden on the
public facilities which includes water supply and school overcrowding."
Discussion.
"AT THIS POINT, I WOULD LIKE TO GO AHEAD AND MAKE A MOTION THAT
WE ACCEPT THE ORDINANCE 2005-07 AS APPROVED." MOTION BY BOARD
MEMBER VOSKA.
CHAIRMAN POE REITERATED, "I HAVE A MOTION TO APPROVE THE
RECOMMENDATION AS PRESENTED BY STAFF CHANGING THE PIECES OF
PROPERTY FROM 'SEMINOLE COUNTY' TO 'TOWN CENTER DISTRICT'." VICE
CHAIRPERSON KARR STATED, "WITH OUR CONCERNS." SECONDED BY VICE
CHAIRPERSON KARR. DISCUSSION.
CHAIRMAN POE STATED, "I HAVE A 'SECOND' FROM VICE CHAIRPERSON
KARR WITH HER CONCERNS THAT SHE EARLIER EXPRESSED."
VOTE:
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
Page 11
April 25, 2005
Public Hearing Item 401
ATTACHMENT B
FUTURE LAND USE MAP. March 2005
LAND USE CLASSIFICATION LEGEND
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Page 11
April 25, 2005
Public Hearing Item 401
ATTACHMENT C
ORDINANCE NO. 2005-07
AN ORIHNANCE OF '[HE CITY COl\IMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
I;LORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH ANI> ADOPTING A LARGE SCALE
COMI>REHENSIVE PLAN Al\IENDJ\IENT, REFERENCED AS
LS-CPA-05-05, PROVIDING FOR ADOPTION OF AN
Al\IENDl\IENT TO THE fTTURE LAND USE MAP B\'
DESIGNATING CERTAIN REAL I)ROPERTY WITHIN THE
CrrY OF' WINTER SI)IUNGS GENERALLY DESCRIBED AS
FIVE (5) PARCELS OF LAND, CONTAINING 10.65 GROSS
I\.CRES MORE OR LESS, AND LOCATED GENERALLY
ALONG EAST S'rA'rE ROAD 434, MORE PARTICULARLY
AND LEGALLY DESCRIBED HEREIN IN KXHIIUT "At
ATTACHED HERETO AND FULLY INCORPORATEl)
HEREIN BY THIS REFERENCE, FROM SE1\HNOLE
COUNTY "OFFICE" OR "COMl\IERCIAL" TO CITY OF
WINTER SPRINGS "TOWN CENTER"; PROVIDING AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENI>MENT; PROVIDING FOR TRANSMITTAL OF THE
PLAN TOTHE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FORTHE REPEALOF PRIOR INCONSISTI~NT
ORDINANCES AND RESOLlJTIONS, SEVERABILITY, AND
AN EFFECTIVE I>ATE.
WHEREAS, s(.'Ction 163.3161 et. seq" Florida Statutes, establish the Local Government
Comprehensive Planning and Land Devclopmcnt Regulation Act; and
\VHEREAS, section 163.3 167, Florida Statutes, requircs cach municipality in the Slate of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
\VHEREAS, sections 163.3184 and 163,3187, Florida Statutes, establish the process for the
amendment of comprehensive plans, pursuant to which thc City of Winter Springs ha.." established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Ageneyofthe City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures establ ishcd in chapter 163, Part n, Florida
Stattltcs, on the proposed comprehensive plan amendment ,U1d 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
\VHEREAS, the Local Planning Agency recommcnded that the City Commission tr.msmit
City ofWilHer Springs
Ordinance ~o. 2005-07
Page I of 3
Page 13
Apri125,2005
Public Hearing Item 401
ATTACHMENT C
the subject property large scale eomprdlensive plan amendment (LS~CPA~05~05) to the Florida
Department of Community Aftlrirs f()r its revie\v 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 interte'Sts
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE (TIT CO[VIMISSION OF THE CITY OF W'INTER
SPRINGS HEREBY ORDAINS, AS FOLLO\VS:
Section 1. Recitals. Thc forcgoing recitals aretr'ue <U1d corrcct and are fully incorporated herein
by this reference.
S(~etion 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, thc Local
Govemment Comprehensivc Planning and Land Development Re!,,'lllations Act, sections 163.3184
and 163.3187, Florida Statutes.
Section 3. PurlHISl.' and Intent. The pllIl'ose and intcnt of this Ordinance arc to adopt the large
scale comprehensive plan amendment (LS~CPA~05~05) designating the subject property trom
Seminole County "OITice" or "Commercial" to City of Winter Springs "Town Cenfer,"
Section 4. Ad()ption of Amendment to till.' Future Land t:sc tVlap. The City of Winter
Springs' Comprehensive Plan, Futllre Land Use Map. is hereby amended by designating the real
property, depicted in Exhibit "A" as Seminole County "Officc" or "Commercial" to City of Winter
Springs "Town Centcr." Exhibit "A ,. is attached hereto and fully incorporated herein by this
reference.
Section 5. Transmittal to the nepartment of C:ommunity A ff~lirs. The City Manager or his
designee is hereby designated to sign a lettcr transmitting the adopted comprehensive plan
amendment to the Florida Department of Community Affairs, in aceordance \vith section
163.3187(1 )(e)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6. Rt'peal of Prior Inconsistt'nt Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adol)ted by the City of Winter Springs City Commission, or parts of
ordinances and rcsolutions in conflict here\vith, arc hereby repealed to the extent of the conflict
Section 7. Severability. lfany section, subsection, scntencc, clause, phrase, word or provision
of this Ordinance is for any reason held invalid Of unconstitutional by any court of competent
jurisdiction, whether fClr substantive, procedural, or any other reason, such portion shall he deemed
a separdte, distinct and independent provision, and sneh holding shall not affect the validity ofthe
remaining portions of this Ordinance,
City or Wimer Springs
Ordinance No. 2005-07
Page 2 or 3
Page 14
April 25, 2005
Public Hearing Item 401
ATTACHMENT C
Section 8. (1~nl~ctive [)at{~ and Legal Status of th{' Plan Anu'ndment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a fmal 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 dependem on this amendment may be issued
or commenced before it has become effective. If a final order of non eo mplia nee is issued by the
Administration Commission, the amendment may nevertheless be made cffeetive by adoption of a
resolution affirming its effective status, After and from the effective date of this amendment, the
comprehensive plan amendment set forth herein shall amend the City of Winter Springs'
Comprehensive Plan and become a part of that plan mld the amendment shall have the legal status
ofthc City of Winter Springs' Comprehensive Plan, as amended.
A[)OJlTI(O by the City Commission ofthc City of Winter Springs, Florida, in a regular
meeting assembled on the _ day 2005.
.John F. Bush, Mayor
ATTEST:
Andn'a Lorenzll.Luaces, City Clerk
Approved as to legal form and sufficicney I()r
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second
Effective Date:
City of Winter Springs
Ordinance N(L 2005-07
Page 3 of 3
Page 15
April 25, 2005
Public Hearing Item 401
Ordinance 2005-07
EXHIBIT' A'
LOCATION MAP
PARCEL NUMBERS
36-20-30-502 -0000-0070 36-20-30-502 -0000-0090
36-20-30-502-0000-0080 26-20-30-5AR-OAOO-008 F
36-20-30-502 -0000-009A
Page 16