HomeMy WebLinkAbout2006 07 24 Public Hearing 201 Ordinance 2006-05
CITY COMMISSION
ITEM 201
Public Hearing
July 24,2006
Meeting
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for Second Reading / Adoption of Ordinance 2006-05, a Small
Scale FLUM Amendment which changes the Future Land Use Map designation of two parcels
totaling 1.17 acres, located on Lake Lucerne Circle from (Winter Springs) "Industrial" to (City of
Winter Springs) "Medium Density Residential".
PURPOSE: The purpose ofthis request is to consider the request of The Keewin Real Property
Company on behalf of Florida Avenue LLC for a Small Scale FLUM Amendment, changing the
Future Land Use Map designation for two vacant parcels located at Florida Avenue and Lake
Lucerne Circle, from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density
Residential". The Keewin Real Property Company wishes to incorporate these parcels into their
proposed Winter Place Townhouse development on the Dittmer property.
APPLICABLE LAW AND PUBLIC POLICY
s. 163.3174. Florida Statutes. Local planning agency
s. 163.3184. Florida Statutes. Process for adoption of comprehensive plan or plan amendment.
s. 163.3187. Florida Statutes. Amendment of adopted comprehensive plan.
ss. 166.041(3)(c)2.b.. Florida Statutes. (required advertising)
Rule 9J-11.011. Florida Administrative Code
Winter SpriD!!s Charter Section 4.15 Ordinances in General
Winter Sprinl!s 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
CHRONOLOGY:
Aug 24, 1987- Property Annexed into Winter Springs
Sept 28, 1987-Future Land Use designation of "Light Industrial" and Rezoning to "C-2 General
Commercial" Adopted by City Commission
May 3,2006- Complete Application received for Florida Avenue LLC Future Land Use change.
May 9,2006- Noticing sent to adjacent property owners within 150' feet of the subject property
July 24, 2006
PUBLIC HEARING AGENDA ITEM 201
regarding the requested land use change.
May 25, 2006-0rlando Sentinel Ad noticing the P&Z/LP A Public Hearing
June 7, 2006- Local Planning Agency heard the request and made recommendation of Denial based
on concern for loss of Industrial land in the City.
June 12, 2006-Commission Adopted Ordinance 2005-29, a Large Scale Comprehensive Plan
Amendment on the adjacent Dittmer property, changing the Future Land Use Map
designation from "Industrial" to "Medium Density Residential"
June 14, 2006-Public Noticing in Orlando Sentinel
June 26, 2006- First Reading of Ordinance 2006-05
July 10, 2006- Second Reading/Adoption Postponed to July 24,2006 (advertising preserved)
CONSIDERATIONS:
Applicant - The Keewin Real Property Company
Owner- Florida Avenue LLC; 1920 Boothe Circle, Suite 110; Longwood, Florida 32750
Location - South of Florida Avenue and east of Lake Lucerne Circle.
Total Acreage-I. 17 acres, more or less.
Site Information - The cleared property is currently undeveloped but is utilized for outdoor
equipment storage. The property is not included in the US 17-92 CRA Redevelopment District. The
parcels have an "Industrial" Future Land Use. The applicant is requesting a Future Land Use change
to "Medium Density Residential":
Parcel #: 33-20-30-507-0DOO-OlOO & 33-20-30-507-0DOO-0090
LEGAL DESCRIPTION:
LOTS 9 AND 10, FLAMINGO SPRINGS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 6, PAGE 72, PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA. CONTAINING APPROXIMATELY
1.17 ACRES, MORE OR LESS.
Existing Land Use:
Current Future Land Use:
Proposed Future Land Use:
Current Zoning:
Vacant, undeveloped
"Industrial"
"Medium Density Residential"
"C-2 General Commercial"
Existing Land Uses Zoning FLUM
Subject Site
North
Vacant, undeveloped
C-2 (WS)
C-2 (WS)
Industrial (WS)
Industrial (WS)
Vacant Single Family
Residence
South Single Family Residential A-I (SC) LDR- Low Density
Wastewater & Reclaimed PUD (WS) Public/Semi-Public (WS)
Water Treatment Plant
Single Family Residential R-IA (SC)
East
West
LDR- Low
Residential (SC)
Density
(WS) Winter Springs; (SC) Seminole County;
Development Trends - The Keewin Real Property Company is the developer ofthe adjacent Winter
Place Townhouse development on the Dittmer property (to the north) and wishes to include these
parcels within that proposed development, to reduce incompatibility concerns.
July 24, 2006
PUBLIC HEARING AGENDA ITEM 201
Proposed Future Land Use Classification - The proposed future land use map designation from
Winter Springs "Industrial" to Winter Springs "Medium Density Residential" is appropriate and
compatible with the proposed Winter Place Townhouse development (to the north) and the existing
residential character of the Lake Lucerne neighborhood to the south and west of these parcels.
Letters/Phone Calls In Favor Or Opposition - To date no correspondence has been received from any
one opposing the land use change, although there was one public records request from an attorney's
office and several who spoke in opposition, at the Local Planning Agency Public Hearing.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
Justification for Future Land Use Designation - The requested future land use map designation has
been determined by evaluating the prevailing character of the area around the subject property, as
well as evaluating the current land use and the future goals and objectives of the City and of the
property owner.
The change of land use is justified because the existing future land use of "Industrial" is not
compatible with the existing residential character and current future land use of "Low Density
Residential" of the Lake Lucerne area. Furthermore, the Winter Springs Comprehensive Plan
indicates (FLUE Objective 1.5) that existing incompatible uses shall not be allowed to expand and
shall be eliminated, when feasible.
Public Facilities - At such time as the site is submitted for Final Engineering, it will be required to
meet concurrency standards, so that impact on public facilities and services is accommodated.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent ofthe future land use
designation of the property is to apply a Winter Springs' Future Land Use Map designation that
supports the surrounding land uses and objectives for the future of Winter Springs. The requested
future land use map designation is consistent with the surrounding areas.
Natural Lands Compatibility - The parcels were previously cleared of vegetation with the exception
of a few trees around the perimeter. There are no wetlands and it is not expected that there would be
any endangered or listed species, however, the applicant will need to confirm this during the
development review process.
Consistency With The Comprehensive Plan - The proposed land use designation is consistent with
the Winter Springs' Comprehensive Plan.
FINDINGS:
(1) The proposed amendment will have a positive effect on the city's budget when the property
develops, because the taxable value of the property will increase;
(2) The proposed development will be required to meet concurrency standards at the time of final
engineering so that 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
July 24,2006
PUBLIC HEARING AGENDA ITEM 201
Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code;
(5) The proposed amendment will eliminate the incompatibility that currently exists between the
existing "Industrial" future land use and the "Low Density Residential" future land use.
(6) The amendment is compatible with the surrounding neighborhood and land use as long as the
land is utilized for retention or common area and does not place townhouse units immediately
adjacent to the City's wastewater plant, a concern expressed by the City's Public Works Director.
(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) An Evaluation and Appraisal Report is not under consideration by the State at this time.
LOCAL PLANNING AGENCY RECOMMENDATION:
At the regular meeting of the Planning and Zoning Board / Local Planning Agency on June 7,
2006, the Board unanimously recommended Disapproval of Ordinance 2006-05. Concerns were
related to the loss of industrial property and compatibility with the adjacent wastewater treatment
plant.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading / Adoption
of Ordinance 2006-05, a Small Scale FLUM Amendment which changes the Future Land Use Map
designation oftwo parcels totaling 1.17 acres, located on Lake Lucerne Circle from (Winter Springs)
"Industrial" to (City of Winter Springs) "Medium Density Residential".
COMMISSION DIRECTIVES FROM JUNE 26, 2006:
A Development Agreement will be prepared addressing:
· Unity of Title for this parcel with the other parcels in the Keewin development;
· The inclusion of these two parcels located on Lake Lucerne Circle, which total 1.17 acres
(Parcel #s: 33-20-30-507-0DOO-OlOO & 33-20-30-507-0DOO-0090) will not be a factor in the
density calculation for the project;
· These parcels will not be developed with residential units. Rather, they will be used as a
buffer for stormwater collection or green space.
· The City will retain an egress and ingress easement and an utility easement over the current
right of way that runs from Lake Lucerne Drive to the City's water treatment facility.
ATTACHMENTS:
A- Application
B- Current Future Land Use Map
C- Proposed Future Land Use Map
D- Excerpt from Local Planning Agency Minutes of June 7, 2006
E- Ordinance 2006-05 including Map & Legal Description
F- Proposed Development Agreement (to be provided by the Attorney, separately)
COMMISSION ACTION:
ATTACHMENT A
EVANS ENGINEERING INC
719 Irma Avenue
Orlando, FL 32803
(407) 872-1515
(407) 246-0963 FAX
www.evansenglnc.com
April 27, 2006
Eloise Sahlstrom
City Planner
City of Winter Springs
RE: Small Scale Comp Plan Applications
Dear Eloise Sahlstrom:
Per the comments dated April 17, 2006, the following response is provided.
1. The Keewin real property company has provided an "Owner Authorization"
form for the owners of each lot that is included in each of the Small Scale
Comp Amendment applications.
2. Per the sketch and description provided by Benchmark Surveyi~
Mapping, the acreage for lots 9 and 10 owned by Florida Ave, LLC is~
acres. The application has been updated and attached to this submittal.
3. The surrounding property owners' lists have been updated to exclude all right-
of-ways.
If additional information is required to complete this submittal, or if you have any other
questions or concerns, please contact this office at 407-872-1515.
Permitting and Research Technician
Evans Engineering, Inc
. CIVIL ENGINEERING . LAND PLANNING . PERMmING SERVICES .
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407 -327 -6695
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
The Keewin Real Property Company
131 West Morse
Winter Park FL
Dittmer Properties Inc
PROPERTY ADDRESS: 1006 Shepard Rd
Winter Springs FL 32708
TAX PARCEL NUMBER;
wrong sheet
T2006001
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS FL 32708
407-327-5957
APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT
THE KEEWIN REAL PROPERTY COMPANY
1031 WEST MORSE BLVD SUITE 325
WINTER PARK FL 32789
407-645-4400
FLORIDA AVENUE, LLC
1920 BOOTHE CIRCLE SUITE 110
LONGWOOD FL 32750
LAKE LUCERNE CIRCLE WINTER SPRINGS FL 32708
33-20-30-507-0D00-0100 0090 27643
INDUSTRIAL
TO INCLUDE INTO PROPSED WINTER PLACE TOWNHOMES
C-2
COMMUNITY DEV~LOPMeNT DEP'ARTMENf{'?<l' ~ ()
MAY 0 3 2006
COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. .l2~1
action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes
have been achieved.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida
Depa.rtment of Community Affairs and are not effective until the Department of Community Affairs issues
a "Notice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of
Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive
Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1)
F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows:
Al}'olication submittal deadlines:
Spring- No later than 5:00 p.m. on the first Wednesday in February. The application(s) will be reviewed
at a meeting of the local planning agency to be held in April or as otherwise practicable.
Fall- No later than 5:00 p.m on the first Wednesday in August The application(s) will be reviewed at a
meeting of the local planning agency to be held in October or as otherwise practicable.
SMALL SCALE AMENDMENTS may be approved without regard to statutoryIimits on the frequency of
consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.).
APPUCANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings,
with respect to any matter considered at the meetings or hearings, they will need a record of the
proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is
made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per
286.0105, Florida Statutes.
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
:EJ A copy of the most recent SURVEY of the subject property with Metes and Bounds
description.
~ A copy of the LEGAL DESCRIPTION.
iJ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
iCI JUSTIFICATION for the Request based on Code Section 20-102(d). (See Attached List)
f] NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
m Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
g] APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTIJAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development
COMPREHENSIVE PLAN AMENDMENT per Applicant
Small Scale (Generally 10 acres or fewer)
Large Scale (Generally More than IOacres; Text Amendments).
· Punuant to Chapter ] 63, Florida Statutes.
$ 500
$ 500
$ lOoo
TOTAL DUE
$ 500
March 200S
I
I
2
EXHIBIT "C"
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OWNERS CONSENT
Re: Property located on Florida Ave., Winter Springs, Florida
Tax ill # 33-20-30-507-0DOO-OIOO & 33-20-30-507-0DOO-0090, Seminole County
See Exhibit "B' for Legal Description
To Whom it May Concern:
The undersigned, constituting the legal owner of the above-referenced property, hereby provides
approval and authorization for The Keewin Real Property Company and Allan E. Keen,
Chairman ("Keewin") to act as agent on owner's behalf and to appoint an engineering
representative on owner's behalf with the authority to execute application or permits relate to
development approvals including, but not limited to, future land use change, zoning change,
annexation preliminary subdivision plan, overall Development Plan, construction plan, final
platting, utility agreements and utility and public services approvals and permits (including but
not limited to permits and approvals from Seminole County, City of Winter Springs, the Florida
Department of transportation, the Florida Department of Environmental Protection, the St. Johns
River Water Management District) and any other agencies required to process said approvals and
permits for the above-referenced property.
The foregoing is executed as of the date first written above.
L
~ /}1.~/P:
Printed name
1&.,;'/1" +-
Title
Notary Public
Subscri~d and swoff !?~~or ~.nt"l/-
This~ day of~cp
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Notary ublic
~~ SHERRYMOOOPER
'i. ..1 MY roMMISSfON " 005291110
'It"",#' EXPIRES: J..... 23.2010
(407)_IA ....... NoWy..--..
Sketch of Description
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DESCRIPTION
Lots 9 and 10, flAMINGO SPRINGS, according to the plat thereof as recorded
in Plat Book 6, Page 72, Public Records of Seminole County Florida.
Containing approximately 1.17 acres, more or less.
Lot 25
5 Addition
Entzminger Fakrm6 Page 27
Plat 800 ,
Scale: 1 n =
100'
No.3
50'
Florida Avenues ok 6, Page 27
Per Plot 0
right of '#lay 485 04-2'
N 83'08'22- E .
\,.ot 10
382.S'
N 83'08'22- E
\,.ot9
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N 83'08'22- E
Lot 8
. g5
Flamingo Sprln 27
Plot Book 8. Page
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Surveyor's Report
1. THIS IS NOT A SURVEY.
2. The bearings indicated hereon ore based on the South right of way line of Florida Avenue being assumed to bear
North 83'08'22- East.
3. This sketch is not valid without the signature and the original raised seal of 0 Florida licensed surveyor and
mopper.
4. Distances indicated hereon ore based on the plot of Flamingo Springs, Plot Book 8. ~.age 7.2. .P.ubll~ Records of
Seminole County. Not field work was performed os port of this Sketch of Description..... .~ ."; .i...~....::. .".
d Benchmark Surveying & Mapping Consultants, Inc.
V Certificate of Authorization Number - LB 6796
Post Office Box 771065, WInter Gorden, Florida 34777-1065
557 West Plant Street, Winter Gorden, Florida 34787
(407) 654-6183 Fox (407) 654-6184
21710
Lots9and10
Project *
4"'" ~ 0.... ~:,.
'Pr.f>o~d By..~. Co <,
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04/19/06
Dote
ATTACHMENT B
CURRENT FUTURE LAND USE MAP
ATTACHMENT C
PROPOSED FUTURE LAND USE MAP
ATTACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
JUNE 7, 2006
PUBLIC HEARINGS
200. Community Development Department - Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing
For Ordinance Number 2006-05, A Small Scale FLUM (Future Land Use Map)
Amendment Which Changes The Future Land Use Map Designation Of Two (2) Parcels
Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial"
To (City Of Winter Springs) "Medium Density Residential".
Ms. Sahlstrom presented this Agenda Item and stated, "It is Staffs recommendation that you hold
a Public Hearing and make recommendation to the Commission related to this Ordinance which
would be a small scale Future Land Use Map Amendment changing the Future Land Use Map
(FLUM) designation of two (2) parcels totaling 1.17 acres located on Lake Lucerne Circle from
Winter Springs 'Industrial' to City of Winter Springs 'Medium Density Residential'."
Chairperson Karr opened the "Public Input" portion of the Agenda Item.
Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola
Drive, Orlando, Florida: briefly spoke to the Board Members.
Ms. Sahlstrom read into the Record comments from Mr. Kip Lockcuff, Director, Public Works
Department.
Ms. Sahlstrom added, "It would be Staffs recommendation that the Applicant be on 'Notice' that
we do not support townhouses on these two (2) properties."
Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: on behalf of the Highland's
Homeowner's Association, Ms. Schwartz noted their objection to the Small Scale
[Comprehensive] Plan Amendment for this parcel.
Chairperson Karr closed the "Public Input" portion of the Agenda Item.
Discussion.
Ms. Furman stated, "We would be willing, in the Binding Developer's Agreement, to put
something that says, 'There would not be units on this'." Ms. Sahlstrom said, "I think perhaps
just at this point in time to indicate that you are not looking to put units there, might suffice for
consideration of this Board."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 7, 2006
"I WOULD LIKE TO MAKE A MOTION TO DISAPPROVE A SMALL SCALE
FUTURE LAND USE MAP AMENDMENT (FLUM) WHICH CHANGES THE FUTURE
LAND USE DESIGNATION OF TWO (2) PARCELS TOTALING 1.17 ACRES
LOCATED ON LAKE LUCERNE CIRCLE FROM WINTER SPRINGS 'INDUSTRIAL'
TO 'MEDIUM DENSITY RESIDENTIAL'." MOTION BY BOARD MEMBER POE.
SECONDED BY BOARD MEMBER BROWN. DISCUSSION.
FOR CLARIFICATION, ATTORNEY GARGANESE SAID, "WOULD YOUR OPINION
CHANGE IF THERE WAS SOME WAY TO LIMIT THE CONSTRUCTION OF ANY
MULTI-FAMILY HOMES ON THIS PROPERTY?" BOARD MEMBER POE SAID, "IT
PROBABLY WOULD BUT MY OTHER CONCERN ALSO IS THE LOSS OF
INDUSTRIAL PROPERTY."
FURTHER DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON TILLIS: AYE
CHAIRPERSON KARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
ATTACHMENT E
ORDINANCE NO. 2006-05
AN O~INANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP ("FLUM")
AMENDMENT BY CHANGING THE FLUM DESIGNATION
OF THE REAL PROPERTY CONSTITUTING TWO
PARCELS TOTALING 1.17 ACRES MORE OR LESS AND
GENERALLY LOCATED ON LAKE LUCERNE CIRCLE IN
WINTER SPRINGS, FLORIDA, AND MORE
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM WINTER
SPRINGS "INDUSTRIAL" TO WINTER SPRINGS "MEDIUM
DENSITY RESIDENTIAL"; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1)( c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on June 7. 2006 in accordance with the procedures established in chapter 163, Part
II, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
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.
City of Winter Springs
Ordinance No. 2006-05
Page I of 3
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 clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
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 "A" from Winter Springs "Industrial" to Winter Springs "Medium
Density Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163 .3187(4), Florida Statutes, and Section 9J-ll, 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 prior 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 of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section l63.3l87(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effective at such time as the Florida Department of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
Comprehensive Plan Amendment is in compliance. No development orders, development permits,
or land use dependent on this Amendment may be issued or commenced before it has become
effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and
become a part of that plan and the Amendments shall have the legal status of the City of Winter
City of Winter Springs
Ordinance No. 2006-05
Page 2 of 3
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 , 2006.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2006-05
Page 3 of 3
Sketch of Description
Ordinance 2006-05
Exhibit 'A'
DESCRIPTlON
Lots 9 and 10, FLAMINGO SPRINGS, according to the plot thereof os recorded
in Plot Book 6, Page 72, Public Records of Seminole County Florida.
Containing approximately 1.17 acres, more or less.
Lot 25
rms Addition
Entzminger Fak 6 Page 27
Plot BoO '
Scale: 1" =
lOa'
No. :3
50'
'd Avenue 7
flori a Plat Boo\l. 6, pog8 2
t f way per ,
rlgh 0 , .... E 485.42
N ~"08 2...
Lot. 10
:3$2.5'
N 83"08'22. E
Lot. 9
N 83'08'22. E
Lot 8
S '95
Flamingo Springs Plat Book 8 Page 27
331,5'
Surveyor's Report
1. THIS IS NOT A SURVEY.
2. The bearings indicated hereon are based on the South right of way line of Florida Avenue being assumed to bear
North 83'08'22" East.
3. This sketch is not valid without the sIgnature and the original raised seal of a Florida licensed surveyor and
mapper.
4. Distances indicated hereon ore based on the plot of Flamingo Springs, Plat Book 8, P.age 72, 'p'ljblic Records of
Seminole County. Not field work wos performed os port of this Sketch of Description. ;,' ',' ..... f':~':'':'::
Benchmark Surveying & Mapping Consultants, Inc.
Certificate of Authorization Number - LB 6796
Post Office Box 771065, Winter Garden, Florida 34777-1065
557 West Plant Street, Winter Garden, Florida 34787
(407) 654-6183 Fox (407) 654-6184
21710
Lots9 and 10
.
04/19/06
Date
ATTACHMENT F
Development Agreement
(to be provided by the City Attorney, separately)
ORDINANCE NO. 2006-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP ("FLUM")
AMENDMENT BY CHANGING THE FLUM DESIGNATION
OF THE REAL PROPERTY CONSTITUTING TWO
PARCELS TOTALING 1.17 ACRES MORE OR LESS AND
GENERALL Y LOCATED ON LAKE LUCERNE CIRCLE IN
WINTER SPRINGS, FLORIDA, AND MORE
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM WINTER
SPRINGS "INDUSTRIAL" TO WINTER SPRINGS "MEDIUM
DENSITY RESIDENTIAL"; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on June 7. 2006 in accordance with the procedures established in chapter 163, Part
II, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
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.
City of Winter Springs
Ordinance No. 2006-05
Page] of 3
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 clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
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 "A" from Winter Springs "Industrial" to Winter Springs "Medium
Density Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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 of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3187(3)( c), unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effective at such time as the Florida Department of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
Comprehensive Plan Amendment is in compliance. No development orders, development permits,
or land use dependent on this Amendment may be issued or commenced before it has become
effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and
become a part of that plan and the Amendments shall have the legal status of the City of Winter
City of Winter Springs
Ordinance No. 2006-05
Page 2 of 3
Springs' Comprehensive Plan, as amended. In addition, even if this Ordinance is found to be in
compliance per a final order as provided above, this Ordinance shall only take effect at such time that
Ordinance 2005-29 becomes effective.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 24th day of July, 2006. ~ -- - -
.4!JLIl(
t-' John F. Bush; Mayor
legal form and sufficiency for
ter Springs only:
Anthony A. arganese, City Attorney
First Reading:
June 26, 2006
Second Reading:
July 24, 2006
Effective Date:
July 24, 2006
City of Winter Springs
Ordinance No. 2006-05
Page 3 of 3