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HomeMy WebLinkAbout2006 07 24 Public Hearing 202 Ordinance 2006-06 CITY COMMISSION ITEM 202 Public Hearing Mgr./Dept. July 24, 2006 Meeting REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading I Adoption of Ordinance 2006-06, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of one parcel totaling 1.72 acres, located at 1228 Florida Avenue 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 Esther M. Elsea (i.e. Victor Richardson) for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for one parcel located at 1228 Florida Avenue from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential". 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 Sprin2s Charter Section 4.15 Ordinances in General Winter Sprin2s 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: Dec. 9, 1985- Annexed into Winter Springs (Ordinance 332) with Future Land Use designation of "Light Industrial" and Rezoning to "C-2 General Commercial" May 3,2006- Complete Application received for Future Land Use change. Mav 9.2006- Noticing sent to adjacent property owners within 150' feet. 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. July 24, 2006 PUBLIC HEARING AGENDA ITEM 202 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- Esther M. Elsea c/o Victor Richardson; 301 South Street; Fern Park, Fl 32730 Location - 1228 Florida Avenue (north side of Florida Avenue) Total Acreage-1.72 acres, more or less. Site Information - In 1985, the Elsea's requested to be annexed into Winter Springs and requested the Light Industrial and General Commercial land use and zoning which was granted. However, despite the future land use and zoning, the subject property has remained the single family homestead of Esther Elsea until recently. The property is NOT included in the US 17-92 CRA Redevelopment District. The applicant is requesting a Future Land Use change from (Winter Springs) "Industrial" to (Winter Springs) "Medium Density Residential": Parcel #: 33-20-30-503-0000-0250 LEGAL DESCRIPTION: WEST 204.42 FEET OF SOUTH 341.94 FEET OF LOT 25 AND EAST 25 FEET OF SOUTH 200 FEET OF LOT 24. Existing Land Use: Current Future Land Use: Proposed Future Land Use: Current Zoning: Vacant, undeveloped "Industrial" "Medium Density Residential" "C-2 General Commercial" FLUM . .. . Existing Land Uses Zoning FLUM Subject Site Vacant Single Family Residence Vacant, undeveloped C-2 (WS) Industrial (WS) North PUD (WS) Industrial (WS) [Application under consideration for Medium Single Family Residential [Application under [Application under consideration for Medium PUD (WS) Industrial (WS) [Application under consideration for Medium Density Residentiall East Vacant, undeveloped West Vacant, undeveloped July 24, 2006 PUBLIC HEARING AGENDA ITEM 202 (WS) Winter Springs; (SC) Seminole County; Development Trends - The Keewin Real Property Company is the developer of the proposed Winter Place Townhouse development on the Dittmer property (to the north) and wishes to include this parcel within that proposed development, to reduce incompatibility concerns. 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, east & west) and the existing residential character of the Lake Lucerne neighborhood to the south of this parcel. 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. 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 ofthe property owner. The change ofland 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 of the future land use designation ofthe 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 (as proposed). Natural Lands Compatibility - The parcel is heavily vegetated. 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; July 24, 2006 PUBLIC HEARING AGENDA ITEM 202 (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) The proposed amendment will eliminate the incompatibility that currently exists between the existing future land uses. (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) 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 recommended Disapproval (4-1) of Ordinance 2006-05. Concerns were related to the loss of industrial property. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading / Adoption of Ordinance 2006-06, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of one parcel totaling 1.72 acres, located at 1228 Florida Avenue from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential". COMMISSION DIRECTIVES FROM JUNE 26, 2006: The effective date of this Ordinance (2006-05) is to be concurrent with Ordinance 2005-29. 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 2006-06 including Map & Legal Description COMMISSION ACTION: EVANS ENGINEERING, INC. 719 Irma Avenue Orlando, FL 32803 (407) 872-1515 (407) 246-0963 FAX www.evansenglnc.com ATTACHMENT A 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. I. 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 Surveying and Mapping, the acreage for lots 9 and 10 owned by Florida Ave, LLC is +/- 1.17 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 . PERMITTING SfRVlCES . T2006003 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 APPLICANT: The Keewin Real Property Company MAILING ADDRESS: 1031 West Morse Blvd Suite 325 Winter Park FL 32789 PHONE: 407-465-4400 If Applicant does NOT own the property: PROPERTY OWNER: Elsea Esther M MAILING ADDRESS: 301 South Street Fern Park, FL 32730 This request is for the property described below: PROPERTY ADDRESS: 1228 Florida Avenue TAXPARCELNUMBER 33-20-30-503-0000-0250 SIZE OF PARCEL: Existing Land Use: Square Feet Industrial 1.72 AC Acres Current FUTURE LAND USE Classification: In d u s t ria 1 REQUEST for a Change to City of Winter Springs FUTURE LAND USE Classification: Med i urn Dens i t Y Res. Please state the reasons or justification for your Comprehensive Plan Amendment (Future Land Use Change): To include into the ~roposed Winter Place Townhomes development. If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive Plan, set forth the proposed Amendment in detail and provide supporting documentation. Current ZONING Classification: .---f - 2 SET 17 CPI COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City COmmi~~~~ action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Stafates have been achieved. LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Department 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 bylaw, 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: Avv/ication submittal deadlines: Spring- No later than 5:00 p.rn. 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.rn. 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 statutory limits on the frequency of consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.). APPLICANTS 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: Ea A copy of the most recent SURVEY of the subject property with Metes and Bounds description. jlg A copy of the LEGAL DESCRIPTION. If) 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. iI JUSTIFICATION for the Request based on Code Section 20-102(d). (See Attached List) IX! NAMES and ADDRESSES of each property owner within 150 ft. of each property line. 6a Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). mI APPLICATION FEES: FEES are as SHOWN BELOW plus ACfUAL 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 10acres; Text Amendments). · Pursuant to Chapter 163. Florida Statutes. $ 500 $ 500 $1000 TOTAL DUE $ 500 2 Match 2005 EXHIBIT "C" OWNER'S CONSENT Re: Tax ID #33-20-30-503-0000-0250 1228 Florida Ave., Winter Springs, Florida 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 with the authority to execute applications or permits (and to appoint an engineering representative on owner's behalf) related to all development approvals including, but not limited to, change in the future land use and zoning, annexation, preliminary subdivision plan, engineering, construction plan, final platting, utility agreements and utility and public services approvals and permits, wetland and environmental approvals, 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. Victor H. Richardson, Jr. SHERRY COOPER Charles A. Richardson Notary Public Subscribe and sworn before me This day of Timothy W Elsea SHERRY COOPER Notary Public EXHIBIT E THIS INSTRUMENT PREPARED BY MARY ELLEN CEELY, ATTORNEY 233 EAST RICH AVENUE DELAND FLORIDA 32724 DURABLE POWER OF ATTORNEY BY This Durable Power of Attomey ESTHER MARGARERITE ELSEA VICTOR H RICHARDSON JR. 9. Invest 10. Vote at all meetings of stockholders of any company and otherwise act as my attorney or proxy in respect of my shares of stock or other securities or investments that now or hereafter belong to me, and appoint substitutes or proxies with respect to any of those shares of stock. 11. Hire or dischare 12. Act for me in any business or enterprise in which 13. Compromise, arbitrate Dorothy J Welling Esther Margarerite Elsea Betty Lowe, Witness State of Florida County of Seminole Mary Ellen Notary Public Sketch of Description The West 204.42 feet of the South 341.94 feet of Lot ' 25 and the East 25,00 feet of the South 200,00 feet of Lot 24. all of ENTZMINGER FARMS ADDITION NO, 3 according to the plat thereof as recorded In Plat Book 6, Page 27, Public Records of Seminole County, Florida, Contains 1,76 acres, more or less. Lot 25 Lot 15 The West the South 341.94' Lot 24 The East 25.00' of the South 200,00' - N 83'06'22" E 25.56' N 83'08'22" E 417.06' N 83'08'22" E 209.03' Surveyor's Report 1, THIS IS NOT A SURVEY, 2. Bearings shown hereon are based on the North right of way line of Florida Avenue being assumed as N 83'08'22 E. 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) 654-6185 Fax (407) 654-6184 04/19/06 Date ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 7, 2006 PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One (1) Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom introduced this Agenda Item and stated, "Staff recommends that the P and Z (Planning and Zoning) Local Planning Agency hold a Public Hearing and make recommendation to the City Commission related to Ordinance 2006-06 a Small Scale Future Land Use Map (FLUM) Amendment which changes the Future Land Use Map (FLUM) Designation of one (1) parcel totaling 1.72 acres, located at 1228 Florida Avenue from (City of) Winter Springs 'Industrial' to (City of) Winter Springs 'Medium Density Residential'." Discussion. Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: as a resident, Ms. Schwartz objects to changing the designation of this parcel. On behalf of the Highland's Homeowner's Association, Ms. Schwartz said, "We would like you to deny moving forward with the Small Scale [Comprehensive] Plan Amendment." Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: briefly spoke to the Board Members. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "I RECOMMEND DISAPPROVAL OF THE SMALL SCALE FUTURE LAND USE MAP (FLUM) AMENDMENT WHICH CHANGES THE FUTURE LAND USE MAP DESIGNATION OF ONE (1) PARCEL OF 1.72 ACRES LOCATED AT 1228 FLORIDA AVENUE FROM WINTER SPRINGS 'INDUSTRIAL' TO (CITY OF) WINTER SPRINGS 'MEDIUM DENSITY RESIDENTIAL'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: NAY BOARD MEMBER BROWN: AYE MOTION CARRIED. ATTACHMENT B CURRENT FUTURE LAND USE MAP LEGEND COMMERCIAL INDUSTRIAL MEDIUM DESITY RESIDENTIAL PUBLIC SEMI PUBLIC RECREATION ATTACHMENT C PROPOSED FUTURE LAND USE MAP ATTACHMENT E ORDINANCE NO. 2006-06 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 A PARCEL TOTALING 1.76 ACRES MORE OR LESS AND GENERALLY LOCATED AT 1228 FLORIDA A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A TT ACHED 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 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 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: City of Winter Springs Ordinance No. 2006-06 Page I of 3 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. 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 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 City of Winter Springs Ordinance No. 2006-06 Page 2 of 3 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 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. 2006-06 Page 3 of 3 Sketch of Description Ordinance 2006-06 Exhibit 'A' The West 204.42 feet of the South 341,94 feet of Lot 25 and the East 25.00 feet of the South 200.00 feet of Lot 24, all of ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof as recorded in Plat Book 6, Page 27. Public Records of Seminole County, Florida. Contains 1.76 acres, more or less. Lot 25 Lot 15 The West z 204.42' of the South 341.94' Lot 24 The East 25.00' of the South 200,00' N 8:\'08'22" E 25.56' N 6:3"06'22" E 209.03' N B:\'08'22" E 23:\.61' ..- N 8:\'06'22" E 4".06' -- F\orida ~~ Surveyor's Report 1. THIS IS NOT A SURVEY, 1" - 200' 2. Bearings shown hereon are based on the North right of way line of Florida Avenue being assumed as N 83'08'22 E. 3. This sketch is not valid without the signature and the original raised seal of a Florida' Ileen.sed. :s~l"iI~~r and mapper. 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 Fax (407) 654-6184 21710 5025 04/19/06 Date ORDINANCE NO. 2006-06 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 A PARCEL TOTALING 1.76 ACRES MORE OR LESS AND GENERALLY LOCATED AT 1228 FLORIDA AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A TT ACHED 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. 2006-06 Page 1 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. 2006-06 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. legal form and sufficiency for ter Springs only: nthony A. Garganese, City Attorney First Reading: June 26, 2006 Second Reading: July 24, 2006 Effective Date: July 24, 2006 City of Winter Springs Ordinance No. 2006-06 Page 3 of 3