HomeMy WebLinkAbout2003 08 11 Public Hearings C First Reading - Ordinance 2003-08 Small Scale FLUM Amendment
COMMISSION AGENDA
August 11. 2003
Meeting
Consent
Information
Public Hearinf! X
Ref!ular
ITEM C
MGR. fl/" /Dept. ~
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
public hearing for First Reading of Ordinance 2003- 08 to adopt a Small Scale FLUM Amendment by
changing the Future Land Use Map designation of a 2.02 Acre parcel, located at 1281 Natures Way,
from "Medium Residential" (Seminole County) to "Town Center" (City of Winter Springs).
PURPOSE:
The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the
Future Land Use Map designation for a parcel within the City which was previously annexed into the
City from Seminole County, but subsequent action was never taken to change the Future Land Use Map
designation.
The City is initiating the change as the applicant. The property owners have been notified by certified
mail so that they are aware of the process and so that their input can be heard.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the
conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and
shall make recotnmendations to the governing body regarding the adoption or amendment of such
plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the
governing body such changes in the comprehensive plan as may from time to time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
(c) Any local government comprehensive plan amendments directly related to proposed small scale
development activities may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan. A small scale development amendment
may be adopted only under the following conditions:
1. The proposed amendment involves a use of 10 acres or fewer and:
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August 11, 2003
PUBLIC HEARING AGENDA ITEM C
a. The cumulative annual effect of the acreage for all small scale development amendments adopted by
the local government shall not exceed:
(I) A maximum of 120 acres. ..
b. The proposed amendment does not involve the same property granted a change within the prior 12
months.
c. The proposed amendment does not involve the same owner's property within 200 feet of property
granted a change within the prior 12 months.
d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the
local government's comprehensive plan, but only proposes a land use change to the future land use map
for a site-specific small scale development activity.
e. The property that is the subject of the proposed amendment is not located within an area of critical
state concern. . .
f. If the proposed amendment involves a residential land use, the residential land use has a density of 10
units or less per acre...
2.a. A local government that proposes to consider a plan amendment pursuant to this paragraph is not
required to comply with the procedures and public notice requirements of s. 163.3184(15)(c) for such
plan amendments if the local government complies with the provisions in . . . s. 166.041 (3)( c) for a
municipality. If a request for a plan amendment under this paragraph is initiated by other than the local
government, public notice is required.
b. The local government shall send copies of the notice and amendment to the state land planning
agency, the regional planning council, and any other person or entity requesting a copy...
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
(3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for a
parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the
clerk of the governing body to notify by mail each real property owner whose land the municipality will
redesignate by enactment of the ordinance. . .
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs 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:
Prior to the City Commission's consideration of the application, the Local Planning Agency shall
consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and
recommend that the City Commission approve, approve with modifications (text only), or deny the
application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning
Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least
one (1) public hearing prior to making its recommendation to the City Commission.
CHRONOLOGY:
Feb. 24, 1992- Annexation by Ordinance 516, Petition filed by Robert R. & Juanita Shasteen
Apr. 28, 2003- Property Owner Notified of Administrative Action
May 07,2003- Planning & Zoning Board (LPA) heard the request and recommended Approval.
May 19, 2003- Adjacent property owners within 150' Notified by Certified Mail
May 21, 2003- Property posted with signage Noticing Upcoming Meetings
May 25,2003- Public Noticing in Orlando Sentinel ofLPA Public Hearing
August 11, 2003
PUBLIC HEARING AGENDA ITEM C
May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 151 Reading
June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7,2003 meeting.
June 09, 2003- Coinmission Postponed 151 Reading of Ordinance 2003-08
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner - Sandra H. Armiger
Parcel Number - 01-21-30-501-0000-0130
Acreage - 2.02 Acres
General Location - The site is located at 1281 NATURES WAY, immediately north of Avery Park
and south of the Tuscawilla Trails mobile home community.
Legal Description - LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5
Chronology ofSubiect Property - The subject property was annexed into the City on February 24,
1992, by Ordinance 516.
Existing Land Use - The property is currently in Low Density Single-Family Residential use (1.1
Dwelling Units to 3.5 Dwelling Units per Acre). Adjacent existing land uses, zoning and FLUM
designations include the following:
Existing Land Uses Zoning FLUM
Subject Site Low Density A-I (SC) Medium Residential (SC)
___._._____._.__ _ S~gl~Ea~Y.._~~~_i_~~_~~~~L__._._._.____._______.___._______._.__. _(M~~_J._Q_.Q!!.~L___._______
North Mobile Home Residential R-T (WS) Residential Medium (WS)
.__._.___.________._ __________.___......_._._._.___._____.._.._.._.___..___...________.________.__..__. J~:.~.._l!.Y-!.\.!g...?:_Q_!?_~!.\L___
South Mixed Use Town Ctr District (WS) Town Ctr District (WS)
f--
West
----.----.------- -----.-.-..-.--...--.....----.--.-.-- ..--.---.-.--.------.---.-..-.-.-.--.. -.--......-------.-.-.--.------..----------.--.-.-
East Single Family Residential A-I (SC) Medium Residential (SC)
________ _____________ JMax 10 ~!:!&___
Single Family Residential A-I (SC) Medium Residential (SC)
(Max 10 DUA)
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
Development Trends - The subject site is already developed as a single family home. No land use
changes have been proposed.
Proposed Future Land Use Classification - The proposed future land use map designation from Seminole
County "Medium Residential" to Winter Springs "Town Center" is appropriate and compatible with the
general character of the area. The site is located adjacent to the current Town Center boundary.
LetterslPhone Calls In Favor Or Opposition - Several phone calls have been received asking for
information. Nothing has been received in favor or in opposition of the future land use map change
as of May 30,2003.
August 11, 2003
PUBLIC HEARING AGENDA ITEM C
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. The future
land use maps should be amended for these parcels to reflect Winter Springs' Future Land Use
designations. The Town Center District allows the property owner the most flexibility and is the
most compatible with the surrounding Winter Springs area.
Public Facilities - The site is already developed. At this time, no changes are being proposed to the
existing development. Therefore, the proposed future land use map designation change will have no
impact on public facilities and services. If the site later develops at maximum density, the resulting
number of lots would still have a negligible impact on public facilities and services.
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.
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan - A land use designation for the parcels was not
included on the City's Future Land Use Map, because the parcels were annexed into the City.
Therefore, consistency with the City's Future Land Use Map is not applicable.
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 ofthe City Code and with all applicable
requirements.
Considering the type and location of current uses involved and the general character of the area, the
request does not result in creating incompatible land uses, including such factors as height, bulk,
scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed
important, beyond those existing currently.
PLANNING & ZONING BOARD RECOMMENDATION:
At its regularly scheduled meeting of May 7, 2003, and June 4, 2003, the City of Winter Springs
Planning & Zoning Board (LP A) heard the request to adopt a Small Scale FLUM Amendment by
changing the Future Land Use Map designation of the Armiger property located at 1281 Natures Way
from "Medium Residential" (Seminole County) to "Town Center" (City of Winter Springs) and voted
unanimously to recommend it to the City Commission for Public Hearing and Approval.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for First Reading of Ordinance
2003-08 to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map
August 11, 2003
PUBLIC HEARING AGENDA ITEM C
designation on the subject property at 1281 Natures Way, from "Medium Residential" (Seminole
County) to "Town Center" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
July 31, 2003- Second Public Noticing in Orlando Sentinel of Public Hearing for 151 Reading
August 11, 2003- 151 Reading of Ordinance 2003-08
August 28, 2003- Public Noticing for 2nd Reading! Adoption by the Commission in Orlando Sentinel
September 8, 2003- 2nd Reading and Adoption of Ordinance 2003-08
ATTACHMENTS:
A. Planning & Zoning Board Minutes from May 7,2003 & June 4,2003
B. Applicable portions from City Commission Meeting Minutes- June 09, 2003
C. Ordinance 2003-08 including Map & Legal Description
COMMISSION ACTION:
August 11, 2003
PUBLIC HEARING AGENDA ITEM C
ATTACHMENT "A"
Plannin!! & ZOniD!! Board Minutes from Mav 7~ 2003 & June 4~ 2003
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CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 7, 2003
PAGE 2 OF9
III. REGULAR
.:..:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA
ITEMS WERE DISCUSSED TOGETHER AS DOCUMENTED. .:. .:.
REGULAR
A. Administrative Small Scale Future Land Use Amendment Changing The
Future Land Use Classification For Six Parcels Previously Annexed From The
County Into The City But Which Never Received A Winter Springs Future Land
Use Classification.
REGULAR
B. Administrative Rezoning Changing The Zoning Classification For Six Parcels
Previously Annexed From The County Into The City But Which Never Received A
Winter Springs Zoning Classification.
Ms. Sahlstrom explained that she would be seeking separate recommendations related to
the Future Land Use Map (FLUM) and Rezoning. Regarding the "Arminger" Property,
Ms. Sahlstrom said, "We are proposing that the Future Land Use change from Seminole
County Medium Residential to Town Center District." Discussion on raising animals and
the Property Owner's present "Use" would be "Grandfathered in". Ms. Sahlstrom
distributed copies of Permitted Uses in the A-I District that are not permitted in the Town
Center District.
Ms. Sahlstrom said, "Staff recommends that the Arminger property at 1281 Natures Way
- the Future Land Use be changed from Medium Residential in Seminole County to Town
Center District in Winter Springs. Further, Staff recommends that the Arminger property
also be rezoned from A-I Agricultural to Town Center District, Winter Springs."
Ms. Sandra Arminger, 1281 Natures Way, Winter Springs, Florida: spoke of the property
being annexed prior to her purchasing it; the she would like to de-annex; and stated she is
not interested in the Zoning being changed.
Discussion.
Tape I/Side B
Discussion.
"AS TO SITE 1, I WOULD MAKE A MOTION THAT THE LOCAL PLANNING
AGENCY DEALING WITH THE FLUM (FUTURE LAND USE MAP)
RECOMMENDS APPROVAL TO THE REQUESTED CHANGE OF THE
FUTURE LAND USE CLASSIFICATIONS ON SITE 1, THE ARMINGER
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CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MA Y 7,2003
PAGE30F9
PROPERTY AT 1281 NATURES WAY FROM MEDIUM RESIDENTIAL
WHICH IS THE SEMINOLE COUNTY DESIGNATION TO TOWN CENTER
DISTRICT WINTER SPRINGS BASED ON THE FINDINGS OF FACT ROMAN
NUMERAL III ON PAGE 7 OF OUR MATERIALS TO WIT THAT IT IS
CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE
COMPREHENSIVE PLAN. THAT IT IS IN CONFORMANCE WITH THE
PURPOSE AND INTENT OF THE CITY CODE AND APPLICABLE
REQUIREMENTS AND THAT THE TYPE, LOCATION, AND USES
INVOLVED IN THE GENERAL CHARACTER OF THE AREA.
IT-IS NOT AN INCOMPATIBLE LAND USE, SPECIFICALLY HOLDING THAT
THE PROPERTY IS GRAND FATHERED IN FOR ITS CURRENT USES .WITH
EQUESTRIAN HORSES, WITH FARM ANIMALS, PIGS, CHICKENS, CATS,
DOGS. THAT TillS GRANDFATHERING WOULD CONTINUE SO LONG AS
THE PROPERTY IS CONTINUOUSLY USED FOR THOSE PURPOSES, AND
THAT THE GRANDFATHERING WOULD NOT BE LOST UNTIL THERE IS A
TWELVE (12) MONTH GAP IN LACK OF USE OR ABANDONMENT OF USE,
AND THAT FURTHER THAT THESE PEOPLE BE ABLE TO TRANSFER THIS
PROPERTY EITHER AS TOWN CENTER FUTURE LAND USE DESIGNATION
OR CONTINUE TO HAVE THEIR GRANDFATHERED USE AS A FARM
INCLUDING HORSES, PIGS, CHICKENS, CATS AND THE OTHER ANIMALS
THAT THEY CURRENTLY HAVE WITH THE EXISTING STRUCTURES."
MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD
MEMBER KARR. DISCUSSION.
VOTE:
C~BROWN:AYE
BOARD MEMBER FERNANDEZ: AYE
BOARDMEMBERKARR: AYE
MOTION CARRIED.
"I WOULD .MOVE THAT WE-REeeMMEND TO THE CIflLC01\fl\fISSION
THAT THEY CHANGE THE SITE ZONING ON THIS PROPERTY FOR SITE
ONE (1) FROM - 'A-I' .IN SEMINOLE COUNTY TO ALSO 'TOWN CENTER
DISTRICT' ZONING CODE BASED ON THE SAME FINDINGS AND BASED
ON THE SAME - GRANDFATHERING PROVISIONS AND THAT THEY NOT
LOSE THEIR GRANDFATHERING UNLESS IT IS ABANDONED FOR A
PERIOD OF TWELVE (12) CONTINUOUS MONTHS - AND THAT THEY BE
ABLE TO BE TRANSFERRED AND ASSIGNED AND SOLD TO ANY FUTURE
PURCHASERS SO THAT ANY FUTURE PURCHASERS CAN PURCHASE IT
AND HAVE HORSES AND PIGS AND CATS AND CHICKENS ON THEm
PROPERTY." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY
BOARD MEMBER KARR. DISCUSSION.
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DRAFT
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 4, 2003
PAGE 2 OF 6
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III. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Local Planning Agency Public Hearing (Because Of An Error In Public
Noticing .For The Previous Meetings Which Included LPA 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 A venue 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.
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DRAFT
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 4, 2003
PAGE30F6
VOTE:
VICE CHAIRPERSON KREBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARDMEMBERKARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
B. Ratify And Incorporate Previous Discussion And Actions From The April 23,
2003, And May 7, 2003, Into The Minutes, Including The Recommendations On The
Following Ordinances:
1. Ordinance 2003-09:
1281 Natures Way Zoning Map Designation.
2. Ordinance 2003-11:
Orange Avenue Zoning Map Designation.
3. Ordinance 2003-13:
1120 Orange Avenue Zoning Map Designation.
4. Ordinance 2003-15:
835 And 895 West State Road 434 Zoning Map Designation.
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 ALSO WOULD MOTION THAT WE RATIFY THOSE MOTIONS WHICH
WERE INCLUDED IN THE APRIL 23, 2003 AND MAY 7, 2003 MINUTES AS
APPROVED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE
CHAIRPERSON KREBS. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
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August 11, 2003
PUBLIC HEARING AGENDA ITEM C
ATTACHMENT "B"
City Commission Meeting Minutes- June 09, 2003
(applicable portions)
PUBLIC HEARINGS
19. C. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-08
To Adopt A Small Scale FLUM Amendment By Changing The Future Land Use Map Designation
Of A 2.02 Acre Parcel, Located At 1281 Natures Way, From "Medium Residential" (Seminole
County) To "Town Center" (City Of Winter Springs).
Ms. Sahlstrom introduced this Agenda Item.
"MOTION TO READ ORDINANCE 2003-08 BY 'TITLE' ONLY." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
Ms. Sandra Armiger, 1281 Nature's Way, Winter Springs, Florida: asked that this Agenda Item be
postponed until she could verify details related to her property.
Ms. Susan Rodenburg, 1297 Nature's Way, Winter Springs, Florida: supported Ms. Armiger's concerns
and spoke on the merits of living in this particular area.
August 11, 2003
PUBLIC HEARING AGENDA ITEM C
Mr. Jose Munos, 1296 East Milky Way, Winter Springs, Florida: supported his neighbor Ms. Armiger's
concerns, and asked that Ms. Armiger be given time to verify her property records.
The "Public Input" portion of this Agenda Item was closed
Discussion.
Commissioner Martinez stated, "Point of Order" and spoke on the current discussion.
Discussion.
Commissioner Blake stated, "Point of Order" and remarked about the status of the current Agenda
Item.
"MOTION TO POSTPONE FOR SIXTY (60) DAYS FROM TODAY, GIVING THE
PROPERTY OWNER AND THE MANAGER AND STAFF TIME TO GET TOGETHER AND
DISCUSS ALL THE ISSUES SHE WANTS." REVISED MOTION BY COMMISSIONER
MARTINEZ. MAYOR BUSH STATED, "SO THIS WOULD BE APPROXIMATELY THE
FIRST MEETING IN AUGUST." ATTORNEY GARGANESE STATED, "AUGUST 11TH."
SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
COMMISSIONER McLEOD ADDED, "THE PARTY ALSO NEEDS TO KNOW, THAT BY
GOING UNDER 'TOWN CENTER' - WHAT DOES THAT MEAN TO THEIR TAXES."
COMMISSIONER MARTINEZ ADDED, "AND THE VALUE OF THEIR PROPERTY."
COMMISSIONER McLEOD THEN SAID, "WHAT IS THAT GOING TO DO TO THEIR
ANNUAL TAXES - AND I THINK THAT IS SOMETHING THAT DEFINITELY NEEDS TO
BE ANSWERED FOR THEM."
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
August 11, 2003
PUBLIC HEARING AGENDA ITEM C
ATTACHMENT "C"
ORDINANCE NO. 2003-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONSTITUTING A PARCEL OF 2.02 ACRES
MORE OR LESS AND LOCATED AT 1281 NATURES WAY,
WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE
COUNTY "MEDIUM RESIDENTIAL" TO CITY OF WINTER
SPRINGS "TOWN CENTER"; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE
COMPREHENSIVE PLAN; AND PROVIDING FOR 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 May 7, 2003 and June 4,2003, 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
City of Winter Springs
Ordinance No. 2003-08
Page 1 of 4
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.
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 Seminole County "Medium Residential" to City of
Winter Springs "Town Center." 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
163.3 1 87(1)(c)(4), Florida Statutes, and Section 9J-l1, Florida Administrative Code.
City of Winter Springs
Ordinance No. 2003-08
Page 2 of 4
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 nece'ssary to effectuate the foregoing.
Section 9.
Effective Date and Legal Status of the Plan Amendment. The effective
date ofthis 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 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
City of Winter Springs
Ordinance No. 2003-08
Page 3 of 4
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
,2003.
ATTEST:
John F. Bush, Mayor
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:
F:\Docs\City of Winter Springs\Ordinances\SmalI Scale FLUM2003-08.wpd
City of Winter Springs
Ordinance No. 2003-08
Page 4 of 4
August 11, 2003
PUBLIC HEARING AGENDA ITEM C
EXHIBIT "A"
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MAP
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LEGAL DESCRIPTION
LOTS 13 & 14 TUSKAWILLA, PB 1 PG 5