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HomeMy WebLinkAbout2004 01 12 Public Hearings 401COMMISSION AGENDA ITEM 401 January 12, 2004 Meeting Consent Information Public Hearing X Regular MGR. (�` /Dept. REQUEST: The Community Development Department- Planning Division requests that the Commission as a corrective action, hold a Public Hearing to consider a Large Scale Comprehensive Plan Amendment (Ordinance 2003-35) changing the current Future Land Use Map designation from "Low Density Residential' to "Medium Density Residential' for three (3) parcels located at the northwest corner of Parkstone Blvd. and SR 434, within the Parkstone PUD. Parkstone had a "Mixed Use" Future Land Use Map designation at the time the project was being master planned in 1995. At some point the FLUM was changed to "Low Density Residential' which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ordinance 2001-55. PURPOSE: The Approved Parkstone Master Plan for the PUD provides certain entitlements to subject parcels which are not reflected in the current Future Land Use designation of "Low Density Residential." The applicant has initiated the request for a Large Scale FLUM Amendment, changing the Future Land Use Map designation to "Medium Density Residential' so that the existing vacant property can be developed into townhomes. This request is consistent with the approved 1997 PUD Master Plan documents. _ APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act 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. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent. Florida Statute 163.3187 Amendment of adopted comprehensive plan. (9 January 12, 2004 Commission Public Hearing Item 401 Amendments to comprehensive plans adopted pursuant to this part may be made not more than two times during any calendar year... Winter Springs Charter Section 4.15 Ordinances in General. CHRONOLOGY: Apr. 21, 1995- Application for Zoning change from RU to PUD and Master Plan submitted. Records document that a "Mixed Use" FLUM designation was in place. Aug. 28, 1995- Commission approved Master Plan Sept. 25, 1995-Commission adopted Rezoning from RU to PUD Sept. 3, 1997- P&Z approved Master Plan Revision reducing Tract C from 13 to 2 acres and re -designating Tract C & D from Flexible Land Use to Neighborhood Commercial and Professional Office Jan. 26, 1998- Commission approved Preliminary Engineering and Final Subdivision Plan Nov. 23, 1998- Commission approved Final Engineering (less 43 lots) July 12, 1999- Commission approved Final Engineering for remaining 43 lots. Aug. 06, 2003- Application for Large Scale Comprehensive Plan Amendment changing the FLUM from "Low Density Residential" to "High Density Residential". Aug. 19, 2003- Staff DRC review of the applicant's submittal Aug. 22, 2003- Public Noticing in Orlando Sentinel of LPA Public Hearing Sept. 03, 2003- P & Z Board (LPA) hears the request and postpones making a recommendation until property owners receive notification. Sept. 04, 2003- Adjacent property owners within 150' Notified by Certified Mail of Public Hearings. Sept. 04, 2003- Property posted with signage noticing upcoming meetings Sept. 23, 2003- Public Noticing in Orlando Sentinel of LPA Public Hearing Oct. 01, 2003- P & Z Board (LPA) makes unanimous recommendation to Commission for the Lg. Scale Comprehensive Plan Amendment changing the FLUM from "Low Density Residential" to "Medium Density Residential". Oct. 9, 2003- Applicant amends his Application for Large Scale Comprehensive Plan Amendment to "Medium Density Residential". Oct. 16, 2003- Meeting scheduled between City Manager and representatives from the (transitional) Parkstone Homeowners' Association, however Parkstone representatives did not attend. Oct. 19, 2003- Revised Noticing in Orlando Sentinel of Commission Public Hearing Oct. 20, 2003- Staff determines that corrective action is required due to a scrivener's error. Oct. 27, 2003- Transmittal Hearing / 1st Reading of Ordinance 2003-35 Oct. 30, 2003- Transmittal to DCA and other agencies CONSIDERATIONS: Applicant — Lyder Johnson, Limited Partner Oviedo V Ltd. Owner- Oviedo V Ltd. 2648 W. SR 434 #B; Longwood, FL 32779 Phone: 407- 862-9990 Parcel #s: — 35-20-30-5PH-OA00-0000 35-20-30-5PH-OB00-0000 35-20-30-5PH-0000-0000 January 12, 2004 Commission Public Hearing Item 401 Acreage— 12.015 Gross Acres General Location - The property is located on the northwest corner of Parkstone Blvd. & SR 434 in the Parkstone PUD in the center of the City. Legal Description — Tracts A, B, C of Parkstone Unit 1, Plat Book 56, Page 17 thru 21. Chronology of Subject Property — The Parkstone PUD project was originally submitted and approved in 1995. At that time, City records indicate that the Parkstone properties had an existing Future Land Use Map designation of "Mixed Use". The Master Plan was revised and approved in 1997 and lays out 180 units as a contemplated use. The Final Subdivision Plan was approved in Jan. 1998 and provided certain entitlements to the subject property for Neighborhood Commercial or Professional Office and the phasing documentation acknowledged that the subject parcels would be developed as market conditions warrant. Final Engineering was approved in 1998 and 1999. To date, the Parkstone subdivision is developed to the north, west, and immediately east of the subject property. Approximately half of the houses on the east side of the subdivision are developed, with the other half under construction. Existing Land Use — The three parcels are currently undeveloped, vacant property. It is anticipated that the development of the subject property will proceed immediately after the corrective action amending the large-scale comprehensive land use is approved. Adjacent land uses are identified in the consultant's attached report. Development Trends — Rapid infill development along SR 434 is taking place in the area of the subject property. Development of the subject property continues this trend. Proposed Future Land Use Classification — The current ("Low Density Residential") Future Land Use is inconsistent with the intent of the PUD for the out parcels along SR 434. The proposed future land use map designation of "Medium Density Residential", as requested by the Applicant, is appropriate and compatible with Parkstone's 1997 amended Master Plan and is appropriate and compatible with the adjacent land uses. Letters/Phone Calls In Favor Or Opposition — Approximately 120 people attended the Oct. 1, 2003 P&Z/LPA Public Hearing. The City Manager attempted to meet with representatives from the Parkstone Homeowners' Association on October 16, 2003, however, there was a misunderstanding on the location of the meeting. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues that staff analyzed in reviewing this application: Justification for Future Land Use Designation - The Applicant is requesting the land use change to allow the construction of multi -family townhouse units (not exceeding 9.0 dwelling units per acre). Although the current Future Land Use Map designation is "Low Density Residential", the approved PUD Master Plan, revised Master Plan and Subdivision Plan allowed for Neighborhood Commercial use on these three (3) parcels. January 12, 2004 Commission Public Hearing Item 401 At some point, due to a scrivener's error, the FLUM was changed to "Low Density Residential" which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ordinance 2001-55. The Applicant's request for "Medium Density Residential" is for a use much less intensive than the PUD entitlements allow. This request is appropriate given the prevailing character of the immediate area, the surrounding land use, and the future goals and objectives of the City. Public Facilities - Winter Springs has the necessary facilities in place to support an increase in demand for potable water, sanitary sewer, drainage / stormwater, and solid waste if the proposed FLUM change is accepted. This is further addressed in the consultant's report. Potential stormwater generated as a result of the development of the subject property was included in the Parkstone PUD Final Engineering process. A Traffic Study will be required of the applicant as part of the Site Plan approval process; however, preliminary estimates based on ITE (Institute of Transportation Engineers, Trip Generation, 1996) indicate: Trips per Day Commercial Use (124,695 SF x 49.745)- 6,203 Trips per day High Density Residential (252 units x 5.86)- 1,477 Trips per day Low Rise Townhomes (108 units x 2.5 ITE ay. rate)- 270 Trips per day Detached Single Family- (42 units x 9.57 ITE ay. rate)- 402 Trips per day PM Peak Hour Traffic - Commercial Use (124.695 x 3.74 ITE ay. rate)- 466.36 Low Rise Townhomes (108 units x 0.83 ITE ay. rate)- 89.64 AM Peak Hour Traffic - Commercial Use (124.695 SF x 1.03 ITE ay. rate)- 128.43 Low Rise Townhomes (108 units x 0.66 ITE ay. rate)- 71.28 Although Parkstone residents voiced concern over the increase in traffic onto Parkstone Blvd., the development of the site into low-rise twnhomes will generate far less traffic than other options, including single family residential. Vehicular circulation and the opportunity for minimizing traffic impact will be important considerations during site plan review and approval in order to optimize the safety of all residents within Parkstone. Recreation Amenities will include a Cabana and Pool. Nuisance Potential Of Proposed Use To Surrounding Land Uses — As part of the approval process for Parkstone in 1998, the developer was required to construct a solid 6' brick wall as part of the first phase of development along the perimeter of the subject property. This wall provides a visual barrier from SR 434 to the single family development and was intended to buffer the residences from the future commercial use. Setbacks and landscaping will further buffer residents adjacent to the development. January 12, 2004 Commission Public Hearing Item 401 The proposed FLUM designation will allow a controlled gradation of residential intensity from SR 434 into the development. The proposed designation to "Medium Density Residential" also results in less traffic impact (as illustrated in the consultant's attached report) on Parkstone Blvd. than other land use options would generate. The proposed townhouse development will be a high quality product with owner -occupied units, providing more stability to the Parkstone community than a commercial development with tenants that come and go. Thirty-five (35) feet is the maximum height permitted in the single family residedntial area of Parkstone. The Townhouses will be consistent with the single family zoning restrictions, including two-story maximum with 9'-6" per story (19'), plus roof line. The current "Low Density Residential" FLUM category allows up to 3.5 dwelling units per acre. The previous "Mixed Use" future land use that was in place in 1995 when the project was master planned allowed a density of 10.0 dwelling units per acre. The applicant's request for "Medium Density Residential" limits the density to no more than 9.0 units per acre. The townhouse unit size will be 1405 to 2215 square feet. The anticipated market, price range is $175,000- $220,000. Natural Lands Compatibility — A portion of the Parkstone PUD (along Lake Jessup) is already designated as conservation on the Future Land Use Map. No changes are proposed to the conservation area. The subject property was cleared for construction previously, so there are no trees on the subject property. The property does not include any wetlands and there are no environmental concerns known. The property is relatively flat and is not subject to flooding and does not have any historic significance that has been recorded. Consistency With The Comprehensive Plan — The application for a Large Scale Comprehensive Plan Amendment changing the Future Land Use map designation is found to be in compliance with the Goals and Objectives of the Winter Springs Comprehensive Plan Housing Element (pages III-41 through III-48), related to the location of residential subdivisions: GOAL 1: PROVISION OF HOUSING. To ensure an adequate supply of a wide range of housing types, at various levels of affordability, to accommodate the needs of the residents of Winter Springs. Objective 1.1: Housing Supply. Assist the private sector to provide approximately 1,124 new dwelling units of various types, sizes and costs between 2000 and 2005, plus an additional 2,249 units between 2005 and 2010 necessary to house the City's anticipated population through the planning horizon. Objective 1.2: Infrll The City shall promote infill development by supporting alternative development standards consistent with the existing zoning standards, where necessary and feasible. FINDINGS: January 12, 2004 Commission Public Hearing Item 401 The proposed amendment: • Is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. • 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 to the public health, safety, welfare, economic order, or aesthetics of the City or region. • Will not diminish the level of service (LOS) or unduly burden public facilities, and the City is able to adequately service the affected property; • Will not create an unfavorable impact on the environment or the natural or historical resources of the City; • Will have a favorable effect on the City's economy; • Is in conformance with the purpose and intent of the City Code and with all applicable requirements; and • Is consistent with the goals, objectives, and policies of the State Comprehensive Plan and the East Central Florida Regional Policy Plan. STAFF RECOMMENDATION: Staff recommends that the City Commission as a corrective action, hold a Public Hearing for Second Reading / Adoption of Ordinance 2003-35 adopting a Large Scale FLUM Amendment changing the Future Land Use Map designation of the subject property at Parkstone Blvd and S.R. 434 from "Low Density Residential' (City of Winter Springs) to "Medium Density Residential" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Dec. 15, 2003- DCA determination not to proceed with formal review. Jan. 01, 2004- Public Noticing 5 days+ prior to Adoption Hearing Jan. 12, 2004- 2nd Reading/Adoption Public Hearing, Ordinance 2003-35 Transmittal to DCA and other agencies (within 10 days of Adoption) ATTACHMENTS: A- Supplemental Data submitted to State DCA, addressing infrastructure capacity and comparing impacts of Low Density to Medium Density Residential B- Letter from State DCA C- Ordinance 2003-35 including Map & Legal Description COMMISSION ACTION: January 12, 2004 Commission Public Hearing Item 401 ATTACHMENT "A" Supplemental Data Comparison of Impacts The following table reflects a comparison between the proposed Winter Springs Future Land Use Map designation of medium density residential and the existing Winter Springs Future Land Use Map designation of low density residential. The City of Winter Springs defines low density residential at a maximum 3.5 units/acre, while medium density residential is defined at a maximum 9.0 units/acre. The subject site contains a gross area of 12.02 acres. GPD = gallons per day TPD = trips per day January 12, 2004 Commission Public Hearing Item 401 .'o" S q y ep v � A Q "4 y �9ti4GEME��O 1. General Information ATTACHMENT "A" Supplemental Data St. Johns River Water Management District Potable Water Availability' Worksheet This worksheet is for use by local governments submitting comprehensive plan amendments to determine the availability of potable water resources to serve proposed development. Instructions and St. Johns River Water Management Distrfct (SJRWMD) staff contact information are attached. Date: December 9, 2003 Contact name:Eloise Sahlstrom Phone:407-327-5967 E- mail:esaWstrom@winterspringsfl.org Local government:City of Winter Springs Potable water supplier:City of Winter Springs 2. Infrastructure Information Water treatment plant permit number: 3891304 & 3590879 Permitting agency: DEP Permitted capacity of the water treatment plant(s): 12 million gallons a day (mgd) Total design capacity of the water treatment plant(s): 12 mgd Are distribution lines available to serve the property? Yes ® No ❑ If not, indicate how and when the lines will be provided: Are reuse distribution lines available to serve the property? Yes ❑ No If not, indicate if, how and when the lines will be provided: 3. SJRWMD Consumptive Use Permit (CUP) Information CUP number: 2-117-0029NGM3R Expiration date: 10/8/06 Total CUP duration (years): 10 CUP allocation in last year of permit: 1963.7 Million gallons Current status of CUP: In compliance ® Not in compliance ❑ Allocations to other local governments: No Reserved capacity: 0.195 MG 4. Consumptive Use Analysis Designate mgd ❑ or orgy A. Current year CUP allocation: 1,719.00 B. Consumption in the previous calendar year: 1,369.59 C. Reserved capacity ® or growth projection ❑ (check the one used): 0.19 D. Projected consumption by proposed comprehensive plan amendment areas 0.03 E. Amount available for all other future uses (A - B - c - D = E): 349.1 If the amount in E is zero or a negative number, explain how potable water will be made available for future uses: January 12, 2004 Commission Public Hearing Item 401 ]EB BUSH Governor ATTACHMENT "B" Letter from State DCA STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" COLLEEN CASTILLE Secretary December 10, 2003 rG MvEp CE The Honorable John F. Bush c` 20Q3 Mayor, City of Winter Springs 1 f 26 East S.R. 434 wtNT�RSP me^ S Winter Springs, Florida 32708 c1� °rt,uniLY oe etoa Com Dear Mayor Bush, The Department has conducted a preliminary review for the proposed Future Land Use Map (FLUM) Amendment for the Winter Springs Comprehensive Plan, received on October 31, 2003 (DCA No. 04-1). The Department has determined that the proposed amendment to the City's Comprehensive Plan need not be fornally reviewed for consistency with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. In addition, the Department has not received any request for a formal review from external review agencies or affected persons. Therefore, the Department waives its Objections, Recommendations and Comments report. The City may proceed to adopt the proposed amendment. For.your assistance, we have attached procedures for final adoption and transmittal of the comprehen§ive plan amendment. Please note that this letter should be made available for public inspection. If you have any question concerning this matter, please contact Marina Pennington, Regional Planning Administrator, at (850) 922-1809, or Jana C. Zmud, Planner, at (850) 922- 1827. Sincerely Yours,' r Charles Gauthier, AICP Chief of Comprehensive Planning CG/jcz Cc: Sandra Glenn, Executive Director, ECFRPC Eloise Sahlstrom, Senior. Planner, City of Winter Springs. 25.5'5 SHUMARD. OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http•//www dca state/ state fI Ys .3 CRITICAL STATE. CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING s commuNi 11 2796 Overseas Highway, Sulte 212 255S Shumard Oak Boulevard 2555 Shumard Oak Boulevard DEVELOPMENT Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399.2100 2555 Shumard Oak Boulevard (305) 289.2402 (850) 488-2356 (850) 413-9969 Tallahassee, FL 32399-2100 (850) 488-7956 January 12, 2004 Commission Public Hearing Item 401 ATTACHMENT "B" Letter from State DCA ADOPTED AMENDMENT TRANSMITTAL PROCEDURES Upon receipt of this letter, the City of Winter Springs has 60 days in which to adopt, adopt with changes, or determine not to adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in Section 163.3184, F.S. and . r Rule 9J-11.011, F.A.C. 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 listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional .changes to the Department's Objections, Recommendations and Comments Report, if any. 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 of the adopted amendment directly to Sandra Glenn, Executive Director, East Central Florida Regional Planning Council. Pursuant to Section 163.3184(8)(c), F.S., the Department is required to provide a courtesy infonnation statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption liearings: In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment for compliance review. In the event no names and addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in an electronic format. January 12, 2004 Commission Public Hearing Item 401 ATTACHMENT "C" ORDINANCE NO, 2003-35 ,. AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS-CPA-0243 PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY' WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS THREE (3) PARCELS OF LAND CONTAINING 12.01 GROSS ACRES MORE OR LESS LOCATED ON THE NORTHWEST CORNER OF STATE ROAD 434 AND PARKSTONE BOULEVARD, MORE PARTICULARLY LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM "LOW DENSITY RESIDENTIAL" TO "MEDIUM DENSITY RESIDENTIAL"; PROVIDING ADOPTION OFAMENDME NTTO THE FUTURE LAND USE MAP; PROVIDING FOR TRANSNUTTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND ANEFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT, WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Govenunent 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, 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 H, 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 Local Planning Agency recommended the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-02-03) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the City Commission hereby flnds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and City of Winton Springs Qrdlnanoe No. 2003-35 Page 1 of 3 January 12, 2004 Commission Public Hearing Item 401 ATTACHMENT "C" NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTRR SPRINGS HEREBY ORDAINS, AS FOLLOWS: 4. section 1 Recitals. The foregoing recitals are true and correct and are fhlly incorporated herein by this reference. Sectlop 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the LoAl 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-CPA-02-03) designating the subject property from "Low Density Residential." to "Medium Density Residential." 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 "Low Density Residential" to "Medium Density Residential." Exhibit "A" is attached hereto and fully incorporated herei n by this reference, Section g. 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-11, 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 ordunanc us 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 bythe Flori.daDepartment ofCommunity Affairs, or the Administration Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development 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 tnoneomphance is issued by the Administration Conunission, 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 shall amend the City of Winter Springs City of Winter Sprinp Ordinanoc No. 2003-35 Page 2 of 3 January 12, 2004 Commission Public Hearing Item 401 ATTACHMENT "C" 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. 1. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a ar meeting assembled on the day of , 2003. . ATTEST: Andrea Lorenzo-Luaces, City Clerk , Mayor 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: FADoe5\0ty of Winter Springnl()rdinanccsVjWe Scale Mj.JM2003-35,wpd City of Winter Springs Ordinanec No, 2003-35 Page 3 of 3 January 12, 2004 Commission Public Hearing Item 401 ATTACHMENT "C" MAP �. ,- if SU,BJEC�TNSIT;E , s� (ltV I T Sp S�NOIt R l �;�-----•-'.STATE R0M 434 SYY - O Y OUT LEGAL DESCRIPTION (Metes & Bounds) Begin at the Southwest corner of Lot 7, Block "D", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida; thence run. N83°53'03"E along the South line of said Lot 7 for a distance of 209.43 feet; thence run N06°06'57"W for a distance of 666.00 feet to the point of curvature of a curve concave Southwesterly having a radius of 25.00 feet; thence run Northwesterly along the arc of said curve through a central angle of 62020' 10" for a distance of 27.20 feet to the point of reverse curvature of a curve concave Northeasterly having a radius of 115.00 feet and a chord bearing of N51035'33"W; thence run Northwesterly along the arc of said curve through a central angle of 33°43'06" for a distance of 67.68 to a point of non -tangency; thence run S83°54'55"W for a distance of 653.70 feet; thence run S06005'05"E for a distance of 735.00 feet to the South line of Lot "D" as shown on the plat of CHASE AND COMPANY'S SUBDIVISION OF WAGNER, as recorded in Plat Book 6, Page 64 of said Public Records; thence run N83054'55"E along said South line for a distance of 505.62 feet to the POINT OF BEGINNING. January 12, 2004 Commission Public Hearing Item 401 ATTACHMENT licit Lying in Section 35, Township 20 South, Range 30 East. TOGETHER WITH that strip of land approximately five (5) feet in width, lying South of Lot 7, Block D, of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, and North of old CSX railroad right-of-way (which CSX right-of-way is described in that certain quitclaim deed recorded in Official Records Book 3177, Pa e 0632, of the Public Records of Seminole County, Florida); and which strip r lay sometimes be described as a portion of the northerly five (5) feet of Hicks Avenue, as shown in D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, TOGETHER WITH an Access and Utility Easement as set forth and described in that certain document recorded on December 18, 1998 at Official Records Book 3556 at page 1777, Seminole County, Florida, from The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to the Grantor.