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
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