HomeMy WebLinkAbout2003 09 22 Public Hearings 402 Second Reading - Ordinance 2003-16 Large Scale FLUM Amendment
COMMISSION AGENDA
ITEM 402
Consent
Information
Public Hearing X
Regular
September 22. 2003
Meeting
MGR. y1--IDept. j/j/'
REQUEST:
The Community Development Department requests that the City Commission hold a Public
Hearing for the Second Reading! Adoption of Ordinance 2003-16 adopting a Large Scale FLUM
Amendment changing the Future Land Use Map designation from "Industrial" and
"Conservation" to "Public/Semi-Public" and "Conservation" for the new elementary school site
located at Old Sanford/Oviedo Road and Ginger Lane.
PURPOSE:
The City of Winter Springs is initiating the request for a Large Scale FLUM Amendment,
changing the Future Land Use Map designation for property owned by the Seminole
County School Board, making it more consistent with the goals, objectives and policies
of the Comprehensive Plan Future Land Use Element. The new designation retains the
existing areas currently designated as "Conservation" and only changes the portions
designated as "Industrial" to "Public/Semi-Piublic".
The City is initiating the change as the applicant. The property owner has been notified
and is aware of the process so that their input can be heard.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 163.3174 (4)
Winter Springs Article III. Comprehensive Plan Amendments
Section 15-37. Local Planning Agency Review and Recommendation.
Section 15-36. Review criteria.
Florida Statute 163.3184 Process for adoption of comprehensive plan or plan
amendment.
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September 22, 2003
Public Hearing Item 402
(15) PUBLIC HEARINGS.--
.. .2. The second Public Hearing shall be held at the adoption stage pursuant to subsection (7). It
shall be held on a weekday at least 5 days after the day that the second advertisement is published.
(c) The local government shall provide a sign-in form at the transmittal hearing and at the adoption
hearing for persons to provide their names and mailing addresses. The sign-in form must advise that
any person providing the requested information will receive a courtesy informational statement
concerning publications of the state land planning agency's notice of intent. The local government
shall add to the sign-in form the name and address of any person who submits written comments
concerning the proposed plan or plan amendment during the time period between the
commencement of the transmittal hearing and the end of the adoption hearing. It is the
responsibility of the person completing the form or providing written comments to accurately,
completely, and legibly provide all information needed in order to receive the courtesy informational
statement. ...
Winter Springs Article III. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent.
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Amendments to comprehensive plans adopted pursuant to this part may be made not more than two
times during any calendar year, except:
(1) A comprehensive plan amendment to adopt ... future land-use-map amendments for school
siting may be approved notwithstanding statutory limits on the frequency of adopting plan
amendments.
Winter Springs Charter Section 4.15 Ordinances in General.
CHRONOLOGY:
Apr. 11,2003- Property Owner Notified of Administrative Action
Apr. 23, 2003- P & Z Board (LP A) heard the request and recommended Approval.
May 15,2003- Adjacent property owners within 150' Notified by Certified Mail
May 25,2003- Public Noticing in Orlando Sentinel ofLPA Public Hearing
May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 1 st Reading
June 04, 2003- P & Z Board (LP A) ratified their actions from April 23, 2003 meeting.
June 09, 2003- Transmittal Hearing / 1 st Reading of Ordinance 2003-16
June 13,2003- Transmittal to DCA and other agencies
Aug. 8,2003- ORC Report received from DCA
Response to ORC Report generated
CONSIDERA TIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner- Seminole County School Board;
c/o Dianne Kramer, Deputy Superintendent of Operations;
400 East Lake Mary Blvd,; Sanford, Florida 32773
Phone: 407-320-0072
Parcel Numbers - 34-20-30-5A W -0000-0130 & 34-20-30-5A W -0000-003A
Acreage- 34.036 Gross Acres
September 22, 2003
Public Hearing Item 402
General Location - The property is located on the northeast corner of Ginger Lane and
Old Sanford/Oviedo Road.
Legal Description - North Parcef- PT LOTS 13 TO 21 & PT LOT 24 & V ACD ST DESC AS
BEG NW COR LT 13 RUN N 84 DEG 11 MIN 15 SEC E 665.76 FT S 37 DEG 02 MIN E 35.08
FT N 84 DEG 11 MIN 15 SEC E 216.5 FT S 06 DEG 39 MIN 57 SEC E 725 Ff TO C/L GEE
CREEK SLY ON C/L GEE CREEK TO NLY LINE ACL R/W N 82 DEG 49 MIN 22 SEC W
912.31 FT N 06 DEG 39 MIN 57 SEC W 264.15 FT S 77 DEG 22 MIN 57 SEC E 52.97 FT N 06
DEG 39 MIN 57 SEC W 1199,91 FT TO BEG ENTZMINGER FARMS ADD NO 2 PB 5 PG 9
South Parcef- E 143.14 FT OF LOT 33 ENTZMINGER FARMS ADD NO 2 PB 5 PG 9
Chronology of Subiect Property - The subject property was purchased for a new school
site a number of years ago, prior to the revision of the Winter Springs Comprehensive
Plan- 2001. Previous to the purchase, City Staff indicated in a letter dated, Feb. 2, 2000,
to Seminole County School Board, that an elementary school was a permitted use within
the "Industrial" Future Land Use and "C-2" Zoning.
New language in the Comprehensive Plan- 2001 now raises the question of
appropriateness of school sites in areas with an Industrial future land use designation.
Given the new language, current City Staff believe that it is in the best interest of
Seminole County School District and the City of Winter Springs to revise the future land
use designation, bringing it into conformity with the Objectives stated for Public School
Facilities in the text of the Future Land Use Element of the Winter Springs
Comprehensive Plan- 2001.
Existing Land Uses -The vacant property had some tree cover and includes wetlands and
conservation areas that will remain undisturbed. The site includes a portion of the
abandoned rail line and the Florida Power & Light Easement; Access to the site from S.R.
419 will cross the FP&L Easement and the Atlantic Coast Line Railway right-of-way.
The Cross-Seminole Trail alignment will detour from the abandoned rail line at the
school and will be rerouted adjacent to the Conservation area to the east of the school.
Construction of the new elementary school began recently in order to have the school
completed in time for student occupancy in August 2004.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Site Vacant / New Elementary C-2 (WS) Industrial (WS) and
School/Conservation Conservation (WS)
North Vacant A-I (SC) Agricultural (SC)
--..--.----- ._.h...__.riM.M.M___M_.__._.___.__._.....________.__.M...___.__ __.__.M..__.____...____.._._._.__.. _._._____________._____.__......__.__.M._.......
South Vacant A-I (SC) Agricultural (SC)
---.-------- --.-.-----.------..--....--..---.---.----........-- .-.....---------,.-- ___________...._._....__.__._____ri.M__________
East Conservation C-2 (WS) Conservation (WS)
-----. --_._---_.~-----"._.".~-~._.~.~--_.~._-- -_._----,,--~.- ._------"._--------~--"._-
West 6-Acre Site For Sale; C-2 (WS) Industrial (WS)
Metal & Auto Recycling;
& Auto Salvage Yard
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
September 22, 2003
Public Hearing Item 402
Development Trends - The subject property is now under construction. Although this
parcel was vacant, the Metal and Auto Recycling business, immediately to the west of
Ginger Lane, has been an active business since 1994. The 6-acre parcel immediately to
the west at the north end ofthe site (which was previously an auto repair business until
2001) is now on the market.
The Cross-Seminole Trail when completed will follow the eastern edge of the school site
adjacent to the conservation area, connecting the school to other parts of the City.
Proposed Future Land Use Classification - The proposed future land use map designation
from City of Winter Springs "Industrial" and "Conservation" to City of Winter Springs
"Public/Semi-Public" and "Conservation" is appropriate to the expected land use and
compatible with adjacent land uses.
LettersIPhone Calls In Favor Or Opposition - None, other than informational, as of Sept.
9, 2003.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Desie:nation - The requested future land use map
designation has been determined by evaluating the prevailing character of the immediate
area, as well as evaluating the land use and the future goals and objectives of the City.
The subject site is in the process of being developed as an elementary school.
Preliminary and final engineering/site plan review came before the Commission on June
23, 2003. The new designation does not reduce the existing portion of the site which is
indicated as "Conservation". This portion is retained as "Conservation".
Public Facilities:
ROADS/TRAFFIC CIRCULA nON:
Availability of Access:
Direct access is from SR 419.
Function Classification:
S.R. 419 is an urban arterial 2-lane northwest-southeast roadway. The two lane S.R. 419
from U.S. 17-92 to S,R. 434 has a current level of service as "F" and is considered
deficient.
Improvement/expansions (including right of way acquisition) already programmed or
needed as a result of the proposed amendment:
The School District proposed a right and left turn lane off ofS.R. 419.
The Police Dept. and the City's traffic consultant raised concerns about traffic movement
from the school site (public safety & efficient traffic movements) and a light is to be
installed.
September 22, 2003
Public Hearing Item 402
POTABLE WATER:
Facilities serving the site:
There are none currently serving the site, However, potable water is available adjacent to
the site.
Improvements/expansions needed as a result of proposed amendment:
The school district is tapping into the 12-inch water main at George Street and Wade
Street. An 8-inch water line is being extended down Wade Street to Old Sanford/Oviedo
Rd. to the school site.
SANITARY SEWER:
Facilities serving the site:
None.
Improvements/expansions needed as a result of proposed amendment:
The school district is extending a 4" force main to the school site alon Old
Sanford/Oviedo Road and locate a lift station at Old Sanford/Oviedo Rd. and Ginger
Lane at the edge of the school property, The City has required an easement for the lift
station and the water main up to the meter.
RE-USE WATER SYSTEM:
Facilities serving the site:
None.
Improvements/expansions needed as a result of proposed amendment:
Not required.
DRAINAGE/STORMW ATER:
Facilities serving the site:
None. No structural drainage system.
Improvements/expansions needed as a result of proposed amendment:
The property is required to meet Sec. 9-241 of the City Code and SJRWMD and other
applicable requirements related to developmnet. Post development runoff cannot exceed
pre-development runoff. A stormwater pond is being located to the north of the school to
handle the stormwater.
SOLID WASTE:
Facilities serving the site:
The City has an exclusive franchise agreement with a solid waste hauler, Florida
Recycling, until 2006.
Improvements/expansions needed as a result of proposed amendment:
A dumpster enclosure is required which meets Ordinance No. 2002-13.
RECREATION & OPEN SPACE:
Facilities serving the site:
September 22,2003
Public Hearing Item 402
None currently; however the Cross-Seminole Trail alignment will border the site to the
east, adjacent to the Conservation Area.
Improvements/expansions needed as a result of proposed amendment:
The school area will be separated from the trail with a 6' high black vinyl coated fence,
A 60' x 85' covered play area will be located to the rear of the school.
FIRE :
Facilities serving the site:
No need currently for fire service for the vacant lot.
Improvements/expansions needed as a result of proposed amendment:
None. The response time would be 2-3 minutes from Fire Station #26.
POLICE:
Facilities serving the site:
No need currently for police service for the vacant lot.
Improvements/expansions needed as a result of proposed amendment:
None. The response time would be 3-4 min. from the police station at 300 N. Moss Rd.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The nuisance
potential of the proposed use resulting from the change of land use designation from
Industrial to Public/Semi-Public to the surrounding properties should be minimal in view
of the following:
. The proposed FLUM designation will be more consistent with the surrounding areas
than the current designation.
. No changes beyond the current construction plans are being proposed on the property.
Preliminary and Final Engineering/Site Plan review came before the Commission on
June 23, 2003.
. The City is requiring that the School District retain and supplement the existing
vegetation along the west perimeter of the site as a buffer (along with Ginger Lane)
from the adjacent industrial uses to the school. The combination of existing and
\
proposed vegetation and the security fencing provide adequate buffering of the
industrial area, Ginger Lane itself will also be a buffer between uses.
. Traffic generated by the school might become a nuisance to the adjacent businesses
and hazardous to the citizens of the community if not dealt with in an effective
manner.
. The adjacent properties to the east are owned by the school district and are a
conservation area.
. This site includes a conservation area which is not impacted by the proposed
development of the site as a school. The site is larger than a typical elementary
school site so that there would be ample room for development, while retaining all
wetlands and conservation areas.
September 22, 2003
Public Hearing Item 402
Natural Lands Compatibility-
Conservation lands adjacent to Gee Creek, owned by the Seminole County School Board
to the east of the property will not be impacted. Wetlands will include a 25' wetland
buffer for protection.
SOILS
The soils on this property are generally Urban Land - Astatula Apopka: Nearly level to
strongly sloping areas of Urban land, excessively drained soils that are sandy throughout,
and well-drained sandy soils that have a loamy subsoil at a depth of about 40-inches or
more, on the uplands. Source: Soil Survey of Seminole County, Florida published by the
Soil Conservation Service of the U.S, Department of Agriculture
TOPOGRAPHY
The subject property and surrounding area are relatively flat with some drop off (1.5% to
3%) to the northeast and east as you approach Gee Creek.
FLOOD PRONE AREAS
The eastern side of the site along Gee Creek is within the 100-year floodplain as indicated
on the drawings. The school building (Finish Floor Elevation of 28.0) and parking are
located above the 100-year floodplain (Elevation 15.7) and perimeter fencing separates
the school site from the floodplain, trail and conservation area. No development is
proposed within any of the conservation area. Existing wetlands will be retained and will
be protected from impact during construction.
NATURAL RESOURCES
It is the responsibility of the school district to obtain any required permits relating to
species of special concern or other potential impacts to protected resources. Existing on-
site wetlands are outside of the construction boundary and will not be impacted by the
development of the school.
HISTORIC RESOURCES
The historic Old Sanford/Oviedo Rd. crosses the site from west to east. Portions of the
old Sanford/Oviedo historic road outside of the "limits of work" will be preserved.
Grading and paving of the parking and vehicular circulation areas in front of the school
necessitate demolition ofthe roadway.
WILDLIFE
A wetlands and protected species assessment was prepared by Yvonne I. Froscher in
January 2000 and updated in January 2003, The report indicated that two gopher tortoise
burrows were observed on the site. The School Board is required to obtain a "Special
Taking Permit" to relocate the gopher tortoises to preserved upland buffers. The Proscher
report also indicated an active bald eagle's nest was sited in January 2000, located in the
northern portion of the site; however, it is Staff's understanding that the nest is no longer
September 22, 2003
Public Hearing Item 402
active, but has not yet been delisted. The School Board will be required to obtain all
pertinent permits from applicable State and Federal agencies.
Consistency With The Comprehensive Plan - Florida Statute 163.3177 (6) (a) states...
"The future land use element must clearly identify the land use categories in which public
schools are an allowable use."
The Comprehensive Plan provides the following definitions for Industrial and
Public/Semi-Public Land Uses:
Industrial- The industrial land use category includes both light and heavy industrial uses.
Industrial uses are typically connected with manufacturing, assembly, processing or storage
of products.
Publici SemzPlIblic- , , ,Education facilities are included within this category, such as public or
private schools (primary or secondary), vocational and technical schools, and colleges and
universities.
The proposed administrative Large Scale Comprehensive Plan Amendment changing the
Winter Springs land use designation of "Industrial" and "Conservation" to Winter
Springs designation of "Public/Semi-Public" and "Conservation" is compatible and
consistent with the use of the site for an elementary school. The FLUM change will also
bring the land use into consistency with the goals, objectives and policies of the Future
Land Use Element.
The Future Land Use Element Objectives related to the siting of school facilities are listed
below:
Objective 1.1: Public Schools. The City shall implement standards for the siting of public
schpols to increase the quality of life and local educational opportunities for its citizens.
Policy 1.1.1: Public schools shall be allowed in all future land use designations except
Conservation/Conservation Overlay and possibly industrial areas. By 2002, Public Schools
shall be listed in the Zoning Chapter as uses allowed in all zoning districts with the exception
of the Conservation, Mobile Home Park and Heavy Industrial zoning districts.
Policy 1.1.2: New school sites must not be adjacent to any noxious industrial uses or
other property from which noise, vibration, odors, dust, toxic materials, traffic conditions or
other disturbances that would have a negative impact.
Policy 1.1.3: New schools should minimize detrimental impacts on residential
neighborhoods, hospitals, nursing homes and similar uses through proper site location,
configuration, design layout, access, parking, traffic controls and buffers,
Policy 1.1.4: The size of new school facilities and land areas should satisfy the
minimum standards established by the Seminole County School Board, whenever possible.
September 22, 2003
Public Hearing Item 402
Policy 1.1.5: Schools shall be located in close proximity to existing or anticipated
concentrations of residential development with the exception for high schools and
specialized schools which are suitable for other locations due to their special characteristics,
Policy 1.1.6: New school sites should be well drained and education buildings should
be located away from floodplains, wetlands, and other environmentally sensitive lands.
Education facilities should not have an adverse impact on historic or archaeological
resources.
Policy 1.1.7: Public utilities, as well as police and fire protection, should be available
concurrently with the construction of new school sites,
Policy 1.1.8: New school sites should have frontage on or direct access to a collector
or arterial road and should have suitable ingress and egress for pedestrians, bicycles, cars,
buses, service vehicles, and emergency vehicles.
Policy 1.1.9: To the extent possible, during pre-development program planning and
school site selection activities, the City shall coordinate with the Seminole County School
Board to collocate public facilities, such as parks, libraries, and community centers, with
s~oob. .
Policy 1.1.10: Portions of new schools should be constructed to serve adequately as
emergency shelters in case of natural disasters,
Policy 1.1.11: Schools will developed consistent with the City's Comprehensive Plan
and Code of Ordinances and any mutual agreement between the City and the Seminole
County School Board."
FINDINGS:
. The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
. The request is in conformance with the purpose and intent of the City Code and with
all applicable requirements.
. Considering the type and location of uses involved and the general character of the
area, the change of the FLUM designation will not result in any incompatible land
uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage,
dust, lighting, appearance, and other factors deemed important.
. The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of
the Florida Administrative Code, especially related to the protection of off-site and
on-site natural resources.
PLANNING & ZONING BOARD / LPA RECOMMENDATION:
At its regularly scheduled meeting of April 23, 2003, and June 4,2003, the City of Winter
Springs Planning & Zoning Board (LP A) heard the request to adopt a Large Scale FLUM
Amendment by changing the Future Land Use Map designation of the Seminole County
September 22, 2003
Public Hearing Item 402
School Board property located at the northeast comer of Old Sanford/Oviedo Rd. and
Ginger Lane, from "Industrial" (City of Winter Springs) to "Public/Semi-Public" (City of
Winter Springs) and voted unanimously to recommend it to the City Commission for a
Transmittal Public Hearing, but expressed 4 concerns:
1- Preservation of the remnants of the historic Old Sanford/Oviedo Rd;
2- Archaeological Study to verify that the site holds no archaeological significance;
3- Adequate buffering ofthe site to the west, requesting a solid 6' masonry wall; and
4- Traffic Impact onto SR 419 (Results of the traffic study were still pending).
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second
Reading/Adoption of Ordinance 2003-16 adopting a Large Scale FLUM Amendment
changing the Future Land Use Map designation of the subject property at Old
Sanford/Oviedo Rd. and Ginger Lane, from "Industrial" and "Conservation" (City of
Winter Springs) to "Public/Semi-Public" and "Conservation" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Sept- 14,2003- Orlando Sentinel Public Noticing
Sept. 22, 2003- 2nd Reading / Adoption Public Hearing
Oct. 1,2003- Transmittal to DCA and other agencies (within 10 days of Adoption)
ATTACHMENTS:
A- Planning & Zoning Board Minutes from April 23, 2003
B- Ordinance 2003-16 including Map & Legal Description
C- ORC Report
D- Response to ORC Report
COMMISSION ACTION:
September 22, 2003
Public Hearing Item 402
ATTACHMENT "A"
ATTACHMENT "A"
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
APRIL 23, 2003
REGULAR
B. Elementary School Site Large Scale Comprehensive Plan Amendment (FLUM).
Ms. Eloise Sahlstom, AICP, ASLA, Senior Planner, Community Development
Department introduced Ms. Diane Kramer, Deputy Superintendent, Seminole County
Public Schools. Ms. Sahlstrom explained that Ms. Kramer will be invited to all Planning
and Zoning Board/Local Planning Agency Meetings as agreed to in an Interlocal
Agreement. Ms. Sahlstrom then introduced this Agenda Item.
Vice Chairperson Joanne Krebs arrived at 7:17p.m.
Board Member Fernandez asked about the Future Land Use Map [FLUM] being available
on CD-Rom. Ms. Sahlstrom explained, "I am working on that now".
The Board Members and Ms. Kramer discussed the preservation of Old Sanford-Oviedo
Road; plans for Seminole County's Cross Seminole Trail; traffic studies; "Attendance
Zones"; and school capacities.
"I'D LIKE TO MAKE A MOTION OF CHANGING THE FUTURE LAND USE
DESIGNATION FROM INDUSTRIAL TO PUBLIC/SEMI-PUBLIC FOR THE
NEW ELEMENTARY SCHOOL SITED AT GINGER LANE AND OLD
SANFORD-OVIEDO ROAD." MOTION BY BOARD MEMBER POE.
SECONDED BY BOARD MEMBER KARR. DISCUSSION.
Mr. Barl Phillips, 7220 Lake Floy Circle, Orlando, Florida: stated concerns for children's safety by crossing through Industrial
property and traffic lights being needed on State Road 419.
Discussion.
Tape 1/ Side B
Vice Chairperson Krebs suggested we "Look into a solution" to the traffic problem. Ms
Sahlstrom responded that the Traffic Study "Had been submitted to our Consultant to
review."
Chairman Brown asked Ms. Sahlstrom to make the City Commission aware that a
representative from the Industrial District was here tonight and voiced his concern about
the traffic.
September 22, 2003
Public Hearing Item 402
ATTACHMENT "A"
Discussion.
Board Member William Poe said, "Mr. Chairman, I would like to call the question."
Chairman Brown called for a Vote on the Motion.
VOTE:
VICE CHAIRWOMAN KREBS: NAY
CHAIRMAN BROWN: NAY
BOARD MEMBER FERNANDEZ: NAY
BOARD MEMBER KARR: NAY
BOARD MEMBER POE: NAY
MOTION DID NOT CARRY.
Discussion.
"I WILL MOVE THAT WE RECOMMEND APPROVAL WITH
MODIFICATION TO THE CITY COMMISSION BASED ON THE FINDINGS
THAT I HAVE ADDRESSED HERE THIS EVENING - ROMAN NUMBERAL III
ON PAGE 8. THAT IT'S CONSISTENT WITH THE GOALS AND OBJECTIVES
AND POLICIES OF "'INTER SPRINGS BUT I DO WANT A FINDING IN
THERE THAT THERE SHOULD BE A TRAFFIC STUDY, THAT THERE
SHOULD BE A WILDLIFE STUDY, THAT THERE SHOULD BE AN
ARCHEOLOGICAL OR HISTORICAL STUDY BEFORE THE CITY
COMMISSION APPROVES IT. I DOUBT SERIOUSLY IT'S COMING BACK
TO US BUT I WANT THOSE THREE (3) ITEMS TO BE AS IT SAYS IN HERE.
APPROVAL - WITH MODIFICATIONS TO INCLUDE THOSE ITEMS, BASED
FURTHER ON THE FINDINGS ON PAGE 8. - A. THROUGH C. OF ROMAN
NUMERIAL III OF THE STAFF'S FINDINGS ON PAGE 8. BASED ON THOSE
FINDINGS I RECOMMEND THE APPROVAL TO THE CITY COMMISSION
WITH MODIFICATIONS." MOTION BY BOARD MEMBER FERNANDEZ.
SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
BOARDMEMBERPOE: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED
September 22, 2003
Public Hearing Item 402
A TT ACHMENT "A"
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
JUNE 4, 2003
III. PUBUC HEARINGS
A. Local Planning Agency Public Hearing (Because Of An Error In Public Noticing For
The Previous Meetings Which Included LP A Actions, A Local Planning Agency Public
Hearing will be Held On The Following Ordinances):
1. LS-CPA-01-03, Ordinance 2003-16:
Seminole County School District Large Scale Comprehensive Plan Amendment.
2. Ordinance 2003-08:
1281 Natures Way Small Scale Comprehensive Plan Amendment.
3. Ordinance 2003-10:
Orange Avenue Small Scale Comprehensive Plan Amendment.
4. Ordinance 2003-12:
1120 Orange Avenue Small Scale Comprehensive Plan Amendment.
5. Ordinance 2003-14:
835 and 895 West State Road 434 Small Scale Comprehensive Plan Amendment.
This Agenda Item was presented by Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner,
Community Development Department.
Discussion.
Chairman Brown opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I WOULD LIKE TO MAKE A MOTION THAT WE RATIFY THOSE MOTIONS
INCLUDED IN THE APRIL 23, 2003 AND MAY 7,2003 MINUTES WHICH HAVE
BEEN APPROVED." MOTION BY BOARD MEMBER POE. SECONDED BY
BOARD MEMBER KARR. DISCUSSION.
September 22, 2003
Public Hearing Item 402
A TT ACHMENT "A"
VOTE:
VICE CHAIRPERSON K.REBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER K.ARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
September 22, 2003
Public Hearing Item 402
ATTACHMENT "B"
ATTACHMENT "B"
ORDINANCE NO. 2003-16
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA,. ADO~TING A TJARGE
SCALE COMPREHENSIVE PLAN AMENDMENT
REFERENCED As LS-CPA-OI-03; PROVIDING FOR THE
~MENDMENT O}1" THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY OWNED BY
THE SEMINOIJE COUNTY SCHOOL DISTRICT WITHIN
THE CITV OF W.lNTER SPRINGS GENERALL Y
DRSCRIBII1:D AS 34.036 GROSS ACRES LOCATED ON
GINGER LANE AND OLD SANFORD/OVIEDO ROAD,
MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED HERRIN IN EXHIBIT "A," ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BVTffiS
REJl'ERENCE, JI'ROM "INDUSTRJAL" AND
"CONSERVATION" TO "PUBLIC/SEMI-PUBLIC" AND
"CONSERVATION"; PROVIDING FOR ADOPTION OF
AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OFCOMMUNrfV AFFAIRS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVJDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIYEDATE AND LEGAL STATUS
OF THE PLAN AMENDMENT.
"
"
WHEREAS, Section 163.3161 et. seq" Florida Statutes (1987) established the Local
Government Compreh~msive Planning and Land Development Regulation Act; and
WHEREAS, Section 163,3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehen~ive Plan a..c; 8cheduled by the Florida Department of
Community Affairs; and
WHEREAS, pursuant to Section 163.3187(b), Florida Statutes, t.his Comprehen.sive Plan
amendment will not cauSe the City to excee<;l its tWlce yearly submittal allowance for comprehensive
plan amendments; and
WHEREAS, the Local Planlling Agency of the City of Winter Springs l,leld a duly tlutictlU
public hearing, 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 writte:m and oral comments and lIas recommemJt,u adoption to the
City Commissi9f; and
WHEREAS, the Local Planning Agency recommended the City Commission transmit the
subject property large scale co"mprehensive plan amendment (LS-CP A-O 1-03) to the Florida
City of Winter Springs
f"\-..~:_"",......~... It.T..... ....^i\., .. i:
September 22, 2003
Public Hearing Item 402
ATTACHMENT "B"
Department of Community Affairs for its review and cornmc.mt; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS: .
Section 1. Recitals,
herein by this reference.
The foregoing recitals are true and correct and are fully incorporated
Section 2. Autbority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act, Sections
163.184 and 163.187, Florida Statutes.
Section 3. Purpose and Intent. The putpose and intent is to adopt the large seale
comprehensive plan amendment (LS-CP A-OI-03) designating the subjed property from "Industrial"
and "Conservation" to "Public/Semi-Public" and "Conservation."
Sectiun 4. Aduption 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" as "Industrial" and "Conservation" to "Public/Semi-Public" and
"Conservation:' Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. Thc City Manager or his
designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code,
Section 6. Repeal of Prior !Inconsistent Ordinances and Resolutions_ AIl prior inconsistenl
ordinances and resolutions adopted by the City of Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Sevefllbility. Ifany section, subsoclion s~ntence, clause, phrase, work 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. Effective Date and Legal Status of the Plan Amendment. The effective date of the
Comprehensive Plan Amendments adopted by this Ordinance shan be the date a final order is issued
by the Florida Department of Community Affairs, or the Administration Commission finding the
Am.endments in compliance with section 163.3184, Florida Sta/utes. No development orders,
development permits, or land use dependent on these Amendments may be issued or commen.ced
{ .
. City of Winter Springs
Ordinance No. 2003-16
Page 2 of 4'
September 22, 2003
Public Hearing Item 402
ATTACHMENT "B"
before it has become effective. If a final order ofnoncompliance i5 issued by the Administration
Commission, the Amendments may nevertheless be made effective by adoption of a resolution
affirming its effective status. After and from the effective date of these Amendments, the
Comprehensive Plan Amendments set forth herein I;;hall 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 , 2003.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal foml and sufficiency fOT
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: ___..__. .. .._..__..... .
Second Reading:
Effecti ve Date:
F:\Doc~\Cily ofWinlllT Sprinw;\OruinBnct:l;\Il!.rge ~cBle f1um20l)~-1 (I.wpd
{
City of Winter Spring6
Ordinance No,2003.i6
Page 3 of 3
September 22, 2003
Public Hearing Item 402
ATTACHMENT "B"
o
1000
2000
t
Scale in Feet
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...
.. .
.. , II
2' . 20
"'.. ... ~ 1$
m ~
z 21
~211 '" 1.
~ ~ 17
1t .
II 10
City of Winter Springs
Large Scale Comprehensive Plan Amendment June 2003
Elementary School "I~~
".
Proposed Future land Use Map
nJ'::'i-': Ruml
:\ii-1-." Residential
~.,'..... {tOUfAc:nOlkrul
tf1 ~~~I~een~f~~
~.....n-_., (1.1DUto3.5DU/Acre)
Medium Density
Residential
(3.& 00 10 D.O DU' Acre)
. Urban Density
Residential
(9.1OUIO,21,OOU/Acnl)
D Town Center
District
. Commercial
Industrial
. Mixed Use
~
f~')j Recreation
. Conservation
. Public I Semi-Public
~~q Greeneway
~~l Interchange
September 22, 2003
Public Hearing Item 402
ATTACHMENT "B"
ORDINANCE 2003-16
LEGAL DESCRIPTION
North Parce/- PT LOTS 13 TO 21 & PT LOT 24 & V ACD ST DESC AS BEG NW COR
LT 13 RUN N 84 DEG 11 MIN 15 SEC E 665.76 FT S 37 DEG 02 MIN E 35,08 FT N 84
DEG 11 MIN 15 SEC E 216.5 FT S 06 DEG 39 MIN 57 SEC E 725'FT TO C/L GEE
CREEK SLY ON C/L GEE CREEK TO NL Y LINE ACL R/W N 82 DEG 49 MIN 22
SEC W 912.31 FT N 06 DEG 39 MIN 57 SEC W 264.15 FT S 77 DEG 22 MIN 57 SEC E
52.97 FT N 06 DEG 39 MIN 57 SEC W 1199.91 FT TO BEG ENTZMINGER FARMS
ADD NO 2 PB 5 PG 9
South Parce/- E 143.14 FT OF LOT 33 ENTZMINGER FARMS ADD NO 2 PB 5 PG 9
~
September 22, 2003
Public Hearing Item 402
ATTACHMENT "C"
lEB BUSH
Govemor '
STATE OF FLORIDA
DE PAR T M EN T . 0 F COM M U NIT Y
AFFAIRS
"Dedicated to making Florida a better place to call home"
. Rai!!toc.. EIVCOLLEEN CASTILLE
.. e D Secretary
July 30,2003
AUG "':,8":2003
Q~W/NrsR SPRINGS
,unity Development
"
The Honorable John F. Bush
Mayor, City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
Dear Mayor Bush,
The Department has completed its review of the proposed Comprehensive.Plan /'
Amendment for the City of Winter Springs (DCA 03PS1), which was received on June 18, 200~.
Based on Chapter 163, F.S., we have prepared the-attached report, which outlines our ffndings
concerning the amendment.
The amendment package consists of one Future Land Use Map (PLUM) amendment to
acconunodate construction of an elementary school. The proposed amendment reflects the- .
City's dedication to the comprehensive planning process and coordination oEland use and school
planning issues. While the Department applauds the City's. efforts to provide new school sites, it
is important to ensure the protection of natural resources. Accordingly, the Department has
raised an objection regarding the protection Mwetlands on the site,
It is particularly important that the City address the "objection" set forth in our review
report so that these issues can be successfully resolved prior to adoption, We have also included
a copy of local, regional-and state agency co~ments for your consideration, Within the next 60
days, the City should act by choosing to adopt, adopt with changes or not adopt the proposed
amendment. For your assistance, our report outlines procedures for final adoption and
transmi tta1. .
.~
-t
2 5 5 5 S HUM A R D '0 A K B 0 U LEV A RD. TAL L A HAS SEE, F LOR I D A 3 2 3 9 9 . 2 1 0 0
Phone: 850.488,8466jSunconi 278.8466 FAX: 850.921.0781jSuncom 291.0781
Internet address: htto://www.dca.state.f1.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon, FL3305o- 2227
(305) 289-2402
COMMUNITY PLANNING'
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(8501 488.2.l56
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(R,c;n) 41 ".\.QQI=;Q
HOUSING Ilt COMMUNITY
PEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
September 22,2003
Public Hearing Item 402
ATTACHMENT "C"
The Honorable John F. Bush
July 30, 2003
. Page Two
I believe that the concems outlined in our report can be resolve~. We are available to
work with your staff to develop an approach to assist the City in responding to our report and
developing an acceptable solution. If you, or your staff, have any questions or if we maybe of
further assistance as you formulate your response to this Report, please contact Marina .
Pennington, Regional Planning Administrator or Jana C. Zmud, Planner, at (850) 922-1827.
Sincerely Yours,
CJ;tV-t-~
Charles Gauthier, AICP,
Acting Division Director
Division of Community Planning
CG/jcz
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments .
cc: Eloise Sahlstrom, AICP, ASLA, Senior Planner
"{
September 22, 2003
Public Hearing Item 402
ATTACHMENT "C"
TRANSMITTAL PROCEDURES
. The process for adoption of local comprehensive plan amendments is outlined in s.
163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code.
Within ten working days of the date of adoption, the City must submit the following to
the Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A Hsting of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
qrdinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and
pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy ofthe adopted amendment directly
to Ms. Sandra Glenn, Executive Director of the East Central Florida Regional Planning Council.
Please be advised that the Florida Legislature amended Section 163 .3184(8)(b), F.S.~
requiring the Department to provide a courtesy information statement regarding the
Department's Notice ofIntent to citizens who furnish their names and addresses at the local
government's plan amendment transmittal (proposed) or adoption hearings. In order to provide
this courtesy information statement, local governments are required by the law to furnish to the
Department the names and addresses of the citizens requesting this information. This list is to be
submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet
is attached for your use).
y
~,
September 22, 2003
Public Hearing Item 402
ATTACHMENT "C"
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE CITY OF WINtER SPRINGS
COMPREHENSIVE PLAN. AMENDMENT 03PSl
July 30, 2003
Division of Community Planrting
Bureau of Local Planning
This report is prepared pursuant to Rule 9J-11.01O,
F.A,C.
i
September 22, 2003
Public Hearing Item 402
A TT ACHMENT "C"
OBJECTIONS, RECOMMENDATIONS AND, COMMENTS
CITY OF WINTER SPRINGS
PROPOSED AMENDMENT 03PS1
I. CONSISTENCY WITH CHAPTER 163. PART II. AND RULE 9J-5. F.A.C.
LS-CPA-OI-03 proposes to redesignate 34.036 vacant acres of the amendment
site from Winter Springs "Industrial" (0.50 FAR) to Winter Springs "Public/Semi-
Public" (0.50 FAR). The City's intention is commendable, as the proposed site is
intended to become the site for a new elementary school. However, it is also important to
ensure the protection of the off- and on-site natural resources.
A. The D'epartment raises the following obiection to LS-CPA-01-03:
1. Objection: The amendment does not designate wetland and floodplain areas as
Conservation, consistent with the requirements of the Conservation Element POlicy 1.4.1;
these areas are currently designated as Conservation on the City's Future Land Use Map.
The City has not demonstrated that the amendment site is suitable for the proposedland
uses and the allowable densities and intensities of use. Adequate data and analysis has
not been provided assessing the site's suitability for development considering on-site
wetlands and floodplain. Absent this data and, analysis, the amendment fails to direct
incompatible land uses away from wetlands and is inconsistent with the following
Objectives and Policies of the City of Winter Spring's Comprehensive Plan:
Conservation Element Objective 1.4, Policy 1.4.1. and Future Land Use Element
Objective 1.5, Policy 1.5.1 and Objective 1.11, Policies 1.11.1 and 1.11.2.
[Sections 163.3177(2,3 and 8); 163.3177(JO(e)); and 163.3177(6)(a and d), F.S.; Rules
9J-5.005(2, 5 and 6); 9J-5.006(2)(b and e); 9J-5.006(3)(b)1. and 4.; 9J-5.006(4); 9J-
5.013(1)(a and b); 9J-5.013(2)(b); 9J-5.013(2)(c)6., and 9.; and 9J-5.013(3)(a and b),
F.A. C.} .
Recommendation: Revise the amendment to include data and analysis
demonstrating that the proposed amendment ensures the protection of natural resources .
consistent with the requirements of the City's Comprehensive Plan and Rule 9J-5, F.A.C.
Revise the amendment to designate the wetland areas as Conservation. Revise the
amendment as necessary to be supported by and consistent with the data and analysis and
to protect natural resources.
{
,
September 22, 2003
Public Hearing Item 402
ATTACHMENT "C"
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
Staff has identified the following potential inconsistencies for the proposed FLUM
amendment, LS-CPA-Ol-03:
(a) Goa19.a (Natural Systems and Recreational Lands), Policy 9.b.1 and 9.b.7
Recommendation: The amendment should be revised, to be consistent with the
above referenced goals and policies of the State Comprehensive Plan, in accordance with
the objection and recommendation contained in Section I of the report.
l'
,f
September 22, 2003
Public Hearing Item 402
ATTACHMENT "C"
1t1:~8'''I!D
AUG ':'.8 ':2003 '. . .
CIT'YOFIi\Ir .
. Coniml/"'Iy~R SPRINGS
ve'oPmetlf. .
JEB BUSH
GOVERNOR
FI~'rida Depaflmerit ofY;aizsportati*on'
JOSE ABREU
SECRETARY
Planning & Public Transportation
133 South Semoran Boulevard
Orlando, FL 32807-3230
July.11, 2003
Mr, Ray Eubanks, Community Program Administrator
Plan Review & ORI Processing Section .
2555 Shumard Oaks Boulevard
Tallahassee, FL 32399-2100
SUBJECT:
LOCAL GOVERNMENT:
.OCA#:'
Deaf 'Mr,' Eubanks: .
PROPOSED COMPREHENSIVE PLAN AMENDMENT
CITY OF WINTER SPRINGS
'03PSI.
The Department has completed its review of the above proposed comprehensive plan
amendment as requested inyour review request memorandum dated, June 18, 2003,
We 'appreciate the opportunity to participate in the review process, however since the
amendment does not appear to have significant adverse impacts to the State Highway System
or the Florida Intrastate Highway System, the Department does not have any review
comments;
"
If you have any questions, please contact me at 407-482-7880 (Suncom: 335-7880) or e""mail
me at. beth, Dotter@dot.state,fl.us.
':.S!nc:er~ly,:' ....'. '.
. .
. "~1?,'P~
. . , .'.'
Beth R. Potter
Systems Planning Analyst
BRP/
Enclosure.
C: Bob Romig, FOOT-CO
Rob Magee, Ft>OT-CO/Office of Policy Planning
Eloise Sahlstrom, City of Winter Springs
Oont'lsher, Seminole County
Marina Pennington, DCA
File: 'J:\BETHIComp Plans Response LelterslSeminole ColWlnler Springs 03PSI no commenls,doc
. .
September 22,2003
Public Hearing Item 402
ATTACHMENT "C"
. Department. of \\ CG}- ~__c..~
Environmental Protectiorr.i
... ..... & A A
1 : ~ ~ ~ ...
~
Marjory Stoneman Douglas Building '.
3900 Commonwealth Boulevard,'MS 47
Tallahassee, Florida 32399-3000
David B. Struhs
Secretary
Jeb Bush
. .Governor
July 3, 2003
00
. ...llVlreln) ...
-. elm ~
PlAH
BSP .'
INGTtAM
Mr. D. Ray Eubanks
Bureau of Local Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Winter Springs, 03PS1, Comprehensive Plan Amendment ORC Review
De~Mr. Eubanks':
The Office of Intergovernmental Pro' grams' has reviewed the pr~posed amendment under ..
the procedures of Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-ll, Florida
Administrative Code, and we do not have any comments based on the information provided.
Thank you for the opportunity to comment on this proposal. If I may be of further
assistance, please call me at (850)245-2172. .
Sincerely,
Iu. ~ ZlG
$Uz[eE;Ray .... .... .~..
. . EnvironinehtaJ-Specialist .
Office. of Intergovernmental Programs
/ser
{
,
September 22, 2003
Public Hearing Item 402
A TT ACHMENT "D"
ATTACHMENT "D"
Response to ORC Report
The original intent of the Amendment has always been to Amend only the portions of the
site indicated as "Industrial" on the existing Future Land Use Map. The portions ofthe
site designated as "Conservation" are retained and incorporated with the new designation
of "Public/Semi-Public" into the amended Future Land Use Map.
In choosing the site for an elementary school, the School Board considered the
importance of maintaining the Conservation Area when purchasing the site, determining
that the site was large enough for that purpose and that the area outside of the
"Conservation" designation was ample space for the development of the school site.
The development of the site for the elementary school has considered the importance of
maintaining the Conservation Area. The school site is larger than most so that this
important Conservation Area can be retained and so that it will not be impacted during
construction.
The existing wetland area has a 25' minimum upland buffer as required by the City.
Once the site is developed, the school facility will be separated with fencing from the
Cross-Seminole Trail and the Conservation Area which includes the 25' upland buffer
and the wetland area as well as Gee Creek.
Given these considerations, the Amendment is consistent with the City of Winter
Springs' Comprehensive Plan: Conservation Element Objectives and is consistent with
the goals and policies of the State Comprehensive Plan.
.-
~
ORDINANCE NO. 2003-16
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE
SCALE COMPREHENSIVE PLAN AMENDMENT
REFERENCED AS LS-CPA-OI-03; PROVIDING FOR THE
AMENDMENT OF THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY OWNED BY
THE SEMINOLE COUNTY SCHOOL DISTRICT WITHIN
THE CITY OF WINTER SPRINGS GENERALL Y
DESCRIBED AS 34.036 GROSS ACRES LOCATED ON
GINGER LANE AND OLD SANFORD/OVIEDO ROAD,
MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS
REFERENCE, FROM "INDUSTRIAL" AND
"CONSERVATION" TO "PUBLIC/SEMI-PUBLIC" AND
"CONSERVATION"; PROVIDING FOR ADOPTION' OF
AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE AND LEGAL STATUS
OF THE PLAN AMENDMENT.
WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, pursuant to Section 163.3187(b), Florida Statutes, this Comprehensive Plan
amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive
plan amendments; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, 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
City of Winter Springs
Ordinance No. 2003-16
Pagel of 3
WHEREAS, the Local Planning Agency recommended the City Commission transmit the
subject property large scale comprehensive plan amendment (LS-CP A-a 1-03) to the Florida
Department of Community Affairs for its review and comment; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act, Sections
163.184 and 163.187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent is to adopt the large scale
comprehensive plan amendment (LS-CP A-a 1-03) designating the subject property from "Industrial"
and "Conservation" to "Public/Semi-Public" and "Conservation."
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" as "Industrial" and "Conservation" to "Public/Semi-Public" and
"Conservation." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(1)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions "adopted by the 'City of Commission, or parts of ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection sentence, clause, phrase, work 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. Effective Date and Legal Status of the Plan Amendment. The effective
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is issued by the Florida Department of Community Affairs, or the Administration Commission
finding the Amendments in compliance with section 163.3184, Florida Statutes. No development
City of Winter Springs
Ordinance No. 2003-16
Page 2 of 3
orders, development permits, or land use dependent on these Amendments may be issued or
commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the Amendments may nevertheless be made effective by adoption of
a resolution affirming its effective status. After and from the effective date ofthese Amendments,
the Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs'
Comprehensive Plan and become a part ofthat 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 arcgular
meeting assembled on the 22nd day of September .; 2'003.
ATTEST:
o-Luaces, City Clerk
Approved a 0 legal form and sufficiency for
of Wi ter Springs only:
Anthony A. Garganese, City Attorney
First Reading: June 9. 2003
Second Reading: September 22. 2003
Effective Date: See Section 8.
F:\Docs\City of Winter Springs\Ordinances\large scale flurn2003-16.wpd
City of Winter Springs
Ordinance No.2003-16
Page 3 of 3
)~
. . .
ORDINANCE 2003-16
Exhibit "A"
MAP
I
1- SUS,JiEICT ,PRDP'ERTtES
! HATCHED,
c
-~
LEGAL DESCRIPTION
North Parcel- PT LOTS 13 TO 21 & PT LOT 24 & V ACD ST DESC AS BEG NW COR
LT 13 RUN N 84 DEG 11 MIN 15 SEC E 665.76 Ff S 37 DEG 02 MIN E 35.08 Ff N 84
DEG 11 MIN 15 SEC E 216.5 Ff S 06 DEG 39 MIN 57 SEC E 725 Ff TO C/L GEE
CREEK SLY ON C/L GEE CREEK TO NL Y LINE ACL R/W N 82 DEG 49 MIN 22
SEC W 912.31 Ff N 06 DEG 39 MIN 57 SEC W 264.15 FT S 77 DEG 22 MIN 57 SEC E
52.97 Ff N 06 DEG 39 MIN 57 SEC W 1199.91 Ff TO BEG ENTZMINGER FARMS
ADD NO 2 PB 5 PG 9
South Parcel- E 143.14 Ff OF LOT 33 ENTZMINGER FARMS ADD NO 2 PB 5 PG 9