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HomeMy WebLinkAbout2004 02 23 Public Hearings 403 COMMISSION AGENDA February 4.2004 Meeting Consent Information Public Hearing X Re2ular ITEM 403 }/-~ Mg[.; / Authorization Dept. Iff REQUEST: The Community Development Department - Planning Division requests the Commission hold a Public Hearing for First Reading of Ordinance 2004-05, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of8.9 acres (more or less), located at 900 East SR 434 adjacent to Central Winds Park, from "Suburban Estates" (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 two parcels recently annexed into the City from Seminole County. The City is initiating the change as the applicant and as the property owner. 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 recommendations 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. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprio2s Charter Section 4.15 Ordinances in General. Winter Sprin2s Article III. Comprehensive Plan Amendmeuts Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: ~ February 23,2004 PUBLIC HEARING AGENDA ITEM 403 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: Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding Central Winds Park. Dec. 2003- Property posted with signage Noticing Upcoming Meetings Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42. Jan. 25,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing Feb. 04, 2004- P& Z Board (LP A) heard the request and recommended approval. Feb. 12, 2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - City of Winter Springs Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030 Acreage - approx. 8.9 acres General Location - The site is vacant and is located adjacent to the west side of Central Winds Park at 900 East SR 434 and previously was referred to as the "Wincey tract". Legal Description - The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book I, Page 5, Public Records of Seminole County, Florida. Existing Land Use - The property is currently vacant, although previously it had a mobile home, bam and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Site Vacant, Undeveloped A-I (SC) SE- Suburban Estates (SC) ~ ~_,____~'~~"~'___~"M"'_'__'M""M_"__'H_'___ ..._......__.___.__.._____......________w.__ ~___....____._...____...,__________......__. North Lake Jesup - - ------------_...... .--.-------...------............-....-.......--...-.............. ---...--...-..-,.....-...........................--.......-..........---..........- .....--..........--.....---.....---............-......-...........--............--. South Single Family Residential Cool (WS) Commercial (WS) -----.........--.-............................---.--.......-- -----...----....---.---....--.-----........ ---.........-......---......-.........--..--.........-......---- East Central Winds Park Town Center (WS) Town Center (WS) __.........._________._______.__._______...._ __...._...................._....___.____._M._M.MM._ ___.ri.M.ri_.M___.___M__M_______._.____ West Single Family Residential A-I (SC) SE- Suburban Estates (SC) (WS) Winter Springs; (SC) Seminole County Development Trends - The City purchased the subject site for the purpose of expanding Central Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition of this property completes the Master Plan of property expansion for Central Winds Park as recommended to the City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000 February 23,2004 PUBLIC HEARING AGENDA ITEM 403 State FURDAP Grant provided the balance of funds needed to fund the acquisition. The future utility area has been designated by the Commission as the temporary site for the City of Winter Springs Paw Park. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Suburban Estates" to Winter Springs "Town Center" is appropriate and compatible with the general character of the area. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from the general public, but no one voiced any opposition. 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. A Winter Springs "Town Center" designation most closely resembles the character ofthe area (including Central Winds Park, City Hall and Winter Springs High School which also have the Town Center designation and maintains continuity with these properties which are adjacent. Public Facilities - The ability to expand Central Winds Park int:o this property, complete a circular traffic artery to provide better access and improved traffic control, additional parking, and a site for the water reclamation facility will have a positive impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Use~ - The intent of the future land use designation of the 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 parcel was not included on the City's Future Land Use Map, because the parcel was 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 of the 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, appearance1 and other factors deemed important. PLANNING & ZONING BOARD / LPA ACTION: At its regularly scheduled meeting of February 4,2004, the City of Winter Springs Planning & Zoning Board (LP A) heard the request to adopt a Small Scale FLUM Amendment changing the February 23, 2004 PUBLIC HEARING AGENDA ITEM 403 Future Land Use Map designation of the newly acquired City parcel at 900 East SR 434, from "Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs) and voted unanimously to recommend it to the City Commission for Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2004-05, adopting a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation on the subject property at 900 East SR 434, from "Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 12, 2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading Feb. 23,2004- 1st Reading of Ordinance 2004-05 Feb. 26,2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-05 ATTACHMENTS: A. Central Winds Park Expansion Area Plan B. Planning & Zoning Board / Local Planning Agency Minutes from Feb. 4, 2004 C. Ordinance 2004-05 including Map & Legal Description COMMISSION ACTION: February 23, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT A Central Winds Park Expansion Area Plan LAKE ]IiSSUI' r,WIlI) TMII.. t:~"J'-~'\,tH()~' 1o-'..IJRln.-. N..TIOS,\l SceNIcTH.\II. A.~jJ CROS.~ Sg~U,-,:,",., l'R"'II~ U~'P..\ \'Ii,h I..\)U-::l~'(~ AIUL, DVJ\KA...II Till; .:Xfsf'lSC PINflSANlI O.\t.:S (M'PHHX. 14\1 :ir.o\OIS) ern' IHIlIG..'r10N WAnn .-.ell.ln' PAIlt.' "1A.~"'~""N("t~ RtCRI~\"CIOS CtNI'I(it D.",S'Kt:'I'I1AI.l.. & T':N....,.~ (:c:>unTS "AliI( [SI'HM"'.; ",,\'W TlUII. EX'I":'~Sl(nlj FLORIO" ~A'fU~~~""I:' SC;F:',,-:TIUII. AN) Clm,'s S':.\UW'Lf.. TRAil. oS R. 4;\4 "l,,;.fI{ - U 100' 20U' 400 MidlOcI Design Associall:s ~~l:~~.~~:t;~:~~I~,~::'~~~~IIY Pt.Rntllj: IfJ...: ~nu,~'''':!' ..".u',"'-'~ CENTRAL WINDS PARK, EXPANSION AREA CITY OF \~rNTER SPRINGS, PARKS & RECREATION DEPART]\'1ENT February 23, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B P&Z Board / Local Planning Agency Minutes from Feb. 4, 2004 02/18/2004 10:36 4076998584 NIS JKREBS FEB-l8-2004 10: 21 CITY CF WINTER Sffilt-GS flAG!:. tll 40? 3'Z7 4753 p.e1 CITY OF WINTER SPRINGS DRAFT UNAPPROVED MlNlJTES PLANNIN'G AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 4,2004 cI CALL TO ORDER Tape !/Side 8 The Planning and Zoning BolU'dlLocal Planning Agenr,y Rogular Meeting ofWedne$day, February 4, 2004 was called to order at 7:02 p.m. by Vice OlaUperson Joanne Krebs in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, W"mter Springs, Florida 32708). Roll Call: Chaimum Tom :Brown, absent Vice Chairperson Joanne Krebs. present Board Member Rosarmc Karr, present Board Momber William PQe, present Board Member Ned Voska, present PUBLIC HEARINGS JlV]lLIC BEAJl.XII'08 A. Community Developll1eJlt DeparCmellt - PlaaniDg DivisioB Requem The Pluuing ADd Zoning BoardILocal Plan.Dlag Agency Hold A Public Hearing Related To OrdlD.ance 2004-05 Which Adopts A SIIIIID Scale FLUM (Futllre Lab.d Use Map) AmeJldment By Cltangiag The Future Land Use Map Designation or 8.9 Acres (More Or LelIs)t Located At 900 FAut State Road 434 Adjacent To Central Wbuls P8I'k., FroIO "Suburbu. Estate$" (Semlnole County) To "Town Center" (City Of Winter SpriD2I). Ms. Eloise Sahlstrom. AlCP, ASLA, Senior P1I.nnet, Community Devalopment Department, Slated, "Staff reqUe5ts that the Local Planning Agency make the recommendation to the City ComroissiOIl to approve the Future Land Use Map change to 'Town Center'." "I WOULD MAKE A MOTION TO RECOMMEND THE APPROV AL, WHICH RELATES TO ORDINANCE 2004-05, WHICH ADOPTS A SMALL SCALE FLUM [FUTURE LAND USE MAPl AMENDMENT BY CHANGING THE FLUM (FUTURE LAND USE MAP] DESIGNATOR FROM 'SUBURBAN ESTAtES' TO cTOWN CENTER.?>> MOTION BY BOARD MEMBER POE. SECONDED BY BOAR]) MEMBER. KARR. DISCUSSION. ~4'~O'4~~~ ~~.~O ~~IO~~O~O~ I~~~ ~~~~~~ FEB-18-2004 10:21 CITY (F WINTER sPRlfoIi'S t-'Al;lt:. l:lL 407 327 4?S3 P . 02 CITY OF WINTBR. 9PAlNOS DRAFT UNAPPROVED MJMJTBS PLANNING AM> ZONlNGlLOCAL I"LANNJ:NQ ACENC'V REGUI.AIt. MESTINO - JIEBillIAAY 4. 2004 PAOE20F6 VOTE: BOARDMEMBERPOE: AYE VICE CHAIRPERSON KREBS: AYE BOARD MEMBER KARR: AYE BOARD MEMBltR VOSKA: AYE MOTION CAlUUED. PUBLIC HEAlUNtJS B. Community Development Department - Plamli.al DI'Vkioll ReqastB The PlannIng ADd ZoDing Boar<l Hold A Public H~ring Related To Onlmllllce 2004-06 Wbicla Rooaa8.' Acre. (More Or Lea), Located At 900 East State RoAd 434 AdjateJlt To Central Wind. Park, From" A-I" (Seminole COQ~ty) To "TOWB Center" (City OeWinter Sprlogs). Ms. SahlstrOm statcd, 4~taff recommends that the Planning Zoning Board recommend to the [City] Commission a -chango from 'A-l' Zoning SeaninOu, County to City of Wmter Springs 'Town Center' Zoning." Uf WOULD MOVE TO APPROVE ORDINANCE lQ04..06 WHICH REZONES SUBJECT PRO'ERTY FROM 'A-I' SE.MlNOLE COUNTY TO CITY OF WlNTER SPRINGS 'TOWN CENTER'." MOnON BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE BOARD MEMBER KA.RR: AYE BOAl\I) MEMBER PO!:: AYE BOARD ME){8ER VOSKA: AYE MOTION CARRIE}). PUauc flEARINGS c. ne Community De'felopmeDt Department - PlIUIDiDlt Division Requesu Tbe PlanD.lDg And Zoning B01lrdlLocaJ PlanDlDg Ageaey Hold A hblle Hearlrtg Related To Ordin.aDce 1004-07 Wbich Adoph A Small Scale FLUM (Future Land Ule Map) Amendment By Changine The Future Laod Use Map Designation or A 8.5 Acre Parcel, Located. At Bird Road And TUlUwOla Trail, From "Low Density ResidentJal" (Se.mta.ole County) To 'cRural ResldentJaI'" (City OfWinttt Spri.Qgs). Ms. SahlStrom said, ~'Recommend that the local Planning Agency hold n PubIjc Hearing relating to Ordinance 2004-07 and recommend adoption for this piece of property changing it from 'Low Density Residential' to 'Rural Residentiap.t. FE'B-1B-20!1'J4 10=22 CIl1' CF WINTER SflRII'm 40'7 3'Z7 4753 P.W .........r .'..", a."'.."'-,,,,,,, .a.1J. wlJ '""'-' r '-'-'.JV'-'(J"'t 1'lJ.,;::) o,Jt\r\t:..o~ t-'Abt:.. v.Jj CITY OF WIN'T.a SPRINGS DRAli'rUNAPPROVED MtNUTBS I'LANMNQ AND WNlNGILOCAL PLAJ'iIt'lD'lC AGENCY REGUl-^1t MSSTlNG - FEBRUAAY 4. ~ P.AGS ) 016 Board Member Rosanne Kart awed, "1 went out to the site, it is TUsca Trail." Board Member Km- then asked, ('Is that an abbreviation fur Tuscawilla Trail?"' Ms. Sahlstrom replied, "No. Tusca Trail is the correct name of the l()~ation, The Agenda ~ says that the property is located at Bird Road and Tuscawilla Trail, it should gay 'Tusca Trail'. not cTuscawilla' ." Mr. Bructl Broadfter. 141 S fuca Trait Winter Springs, Florida: commented on tlle need to have some sort ofa bu:(Fe:r for the whet hu'ge lots: ~ound the 8nbj~t eite when it is developed; indicated. that the property owners on Tusea Trail would 1i1ce to presctVe tbe natural aspect of it; and that there is a wrirten Agreement in place that is on rtt.ord with Seminole County which states th,a.t the property can only be BcCe$S$(l off~ Trail with one (1) driveway BeIVing one (1) singlo-fami1y teside.I]Ce. "I MAKE A MOnON THAT TIlE PLANNING AND ZONING BOARDILOCAL PLANNING' AGENCY IN RESPONSE to rBl8, AS A RESULT OF TIDS PUBLIC HEARING - ADOPT A SMALL SCALE FLUM (FUTURE LAND USE MAPI AMENDMENT BY CHANGING THE FU11JRE LAND USE MAP DESIGNATION ON TUt SUBJECf PROPERTY AT BIRD ROAD AND TUSCA TRAIL FROM 'LOW DENSITY RESIDENTIAL', WJlUCH IS SEMINOLE COUNTY ZONING, TO 'RURAL RESIDENTIAL' CITY OJ' WINTER SPRINGS ZONING." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POR. DISCUSSION. VOTE: BOARD MEMB~R KARR.: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOBKA: AYE VICE CHAIRPERSON KREBS: AYE MOTION CARlUED. Vice Chmperson Krebs requested, "Can we see that the ooncerns of this gentleman. [Mr. Btoadfier] are recorded and givon to tho [City] Commjsslon so that when they do go to vote QT1 this they have this information and big concerns in their hands," ~ FEB-18-2004 10: 22 CITY CF WINTER :flR1t-m 40'7 3Z? 4753 I M\.;.lr.;.. r;"..I'" P.04 cnY OF W00'Bll8PRJNCi$ I>RAFr UNAPI'IlDVBD MINUTES cI PI..ANIIII!IlCi ANb ZONlNGILOCAL I'I...I\NNrNG A.O!SCV aoouLAR M'EliTINQ - FllBlUARY 4, 2004 PI\o054 0'6 ftI8UC In:AIUNCS D. Commamty Development Department - Plmalng DJlvtsioD Requua The Planning ADd Zolling Board I{oJd A Public Hearing Related To Ordinance 1004-08 Which Rezones 8.5 Acres (More Or Lei!!), Located At Bi..d Road And TuscawUl. Trail, From "A-I" (SemlP.ole County) To "R-Cl'l (City OfWiDter Springs). Ms. SabJstrom stated, "St.a.tfhaa determined that the fourteen (14) review standards have been satisfied and recommends that the Planning !Uld. Zoning Bow hold a Public Hearins relating to Ordinance 2004"()8 Which changea the Zoning cla8sification on the Renshaw property at Bird Road and Tuscawilla Trail, from 'A-I' Se~le County to "R_ C!' City of Winter Springs.n Mr. Ste~ Rike, 1416 Twca Trail, Winter Spring.r, Florld4: requested explanation on why there are two (2) Agenda Items for this issue. Ms. SahlstrQm briefly eocplained the two (2) separate prorases related to Annexation from Seroinole County. Disc~ion. "1 RECOMMEND THAT THE PLANNING AND ZONING BOARD, AS A RESULT OF TIDS PUBLIC HEARING, RELATED TO ORDINANCE ZOO4-08, WHICH CHANGES TIlE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT BIRD ROAD AND TUSCA TRAJL, FROM "A-I" SEMINOLE COUNTY TO "R-Cl" CITY OF WINTER SPRINGS. I RECOMMEND THAT WE APPROVE THIS AND MOVE IT ALONG.'" MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. 'rape IISiclr A mda VOTE: BOARDMEMBERKARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VQSKA: An VICE CHAIRPERSON KREBS= AYE MonON CARRIED. rM.Ul:. f.J.L FE13-18-2004 12:30 C tTV CF W II'fTER SPR INGS 40? 327 4753 P.01101 REGULAR AGENDA CITY Of WlN11iR. SPIUNGS 'OftAFl' UNAPl'kOV2D MINVT'BS. n.J.\NNING AM) ZONINGII.C>(,U. PLANNING ^,CENCY RBGULAR MD'I1l.IIa - fBBft.UARY4.~. ~ P-'~r Il&GULAIl A. Final EDgiDeeriDglSite PIau For Pbll ReetlelNunery Road Commercial Develo~meot. Ms. Sahlstrom introduced the Agenda Item. Ms. Sahlstrrnn indicated that1 "'There is a serivenw.s error. The correct number oftree$ is twenty..two (22) instead. oftwmty-three (23)." Next, Ms. Sahlstrom stated, '"Staff recommends the P@nni.ng and Zoning BoardILocal Planning Agency ooll8ider end recommend to the City Commission approval of the Final Engineering/Site Plan fQr a 6.628 - acre tract at the northeest comer of the intersection of Highway 17-92 and. NUlSet)' Road. The site has a Cotnmercial. Future Land Use designation and is within the "G-2' Comme.rcjal Zoning District." ol.Cl RECOMMEND THAT THE CITY COMMISSION APPROVE A FINAL ENGINEERING/SITE PLAN FOR THE 6.618 - ACRE TRACT AT mE NORTHEAST CORNER OF THE INTERSECTION OF u.s. IDGHW AY 17-92 AND NURSERY ROAD WITH THE COJUlECTION TO THE SCIRIVENER'S ERROR MENTIONED BY MS. SAHLSTROM." MOnON BY BOARD MEMBEJt. POE. SECONDED. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE BOARDMEMBERKARR: AYE BOARD MEMJl:ER rOE: A\'E BOARD MEMBER V08KA: AYE l\JOTION CAlUQ~~ 'hpe '/SIde A TOTAL P. 01 ~~/~O/~~~~ ~~;~b q~/b~~O~Oq N!~ ~KK~~~ FEB-18-2la04 10: 22 Cl TY 0= WINTER Sf'RI I'GS PAGE 85 407 327 4753 P. 06 CITY OF WJNTEll SPRINGS DMFTUNAPla.oVBDMlNUTllS ~ f'LA2l(NJNC AN!) t.01UNCM.OCAI.lLANNING AGENCY . aBGULM IlGETING - FElUWAAY 4, ~ PAG86 OF6 ADJOURNMENT With oonsensus of the Board, Vice Chairperson Krebs adjourned the Meeting at 8;30 p.m. RESPECTFULLY SUBMITTED BY: DEBBm FRANKLIN, DEPUTY CITY CLERK, AND PATRICIA SCHRAFF ASSISTANT TO THE CITY CLERK APPROVED: TOM BROWN, CHAIRMAN PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY Ci~ CleTIc\Mvi80lY Bo~ and COYmli!!lles\l'&ZIallMflNUTBS'm04Ool MOUU.ltdIxl }IOJ'5: ~ MlnulllS ~ lIPP1'Oved at Ole Ncr:dn., , 2004 Plamrilltll:dd ZonlnglI.ocal Pbrming Ascncy R.ollullT TOT~ P.eb February 23, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT C ORDINANCE NO. 20114-05 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 NINE (9) ACRES MORE ORLESSANDLOCA TEIHVITHIN 'VINTER SPRINGS, FLORIDA, AND LEGALL Y DESCRIBED AS EAST 1/2 OF LOT 3, BLOCK C, AND EAST 1/2 OFLOT 3, BLOCK D, OF MITCHEI,L'S SURVEY OF LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE S, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, INCLUDJNGTHATPORTION OFORANGEA VENUE THAT INTERSECTS THE TWO LOTS, AND GENERALLY LOCATED ON STA TEROAD 434 ADJACENT TO CENTRAL 'VINDS PARK AND MORE PARTJCULARL Y DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "SE-SUBURBAN ESTATES" TO CITY OF'V INTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEA]~ OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORA TION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendmentembodiecl in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(J)(c). Florida Statutes; and WHEREAS, the Local Planning Agency oft.he City of Winter Springs held a duly noticed public hearing on February 4. 2004, .in accordance with the procedures in Chapter 163, Part Ll, FIOIida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested pal1ies submitting written and oral comments and has recommended adoption to the City Commission; and City of Winter Springs Ordinance No. 2004-05 Page I of 4 February 23, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT C WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public healing on the proposed amend ment set forth hereunder and consi de red t1ndings and advice of staff, citizens, and all interested partie..s submitting wlitten and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set fOllh hereunder; and \VHEREAS, the City Commission of the. City of \-Vinter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and we.lfare of the citizens of Winter Splings. NOW, THERKFORE" THE CITY COMIVIISSION OF THE CITY OP WINTER SPRINGS HERE,BY ORDAINS, AS FOLLOWS: Seetion 1. Reeihlls. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Sectioll 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land DeveJopment Regulations Act. Section 3. Purpose muJ Intent. It is hereby declared to be the purpose and intenlof this Ordinanc.e to c]alify, expand, correct, update, modify and otherwise further the provisions of the Ci ty of Winter Springs' Comprehr<nsive Plan. S(~('tioIl4. Ad opt ion of A mendment to the Futurc Land Use M~l p. The City of W i.nter Springs' Comprehensive Plan, Future u-II1d Use Map, is hereby amended by designating the real propel1y depicted ong~J1iblt HA" 1)'0111 Seminole County "SE-Suburban" to City of Winter Spli ngs "Town Center." Exhibit "A" is attached hereto and funy incol]mJJ\ted herein by this reference. City of Winter Springs Ordinance No. 2CXl4-05 Page 2 of 4 February 23, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT C Section 5. Transmittal to the Department of Conununit)' 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 acoordanc'e with Section 163.3187(lX c)( 4), Florida Statutes, and Section 9J-l1, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resol utions adopted by the City Commission, or parts of plioI' ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict Section 7. Seventhility. If any section, subsection, sentence, clause, phrase, word or provision of tllis Ordinance is for any re3son 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 pOltions of this Ordinanc.e. Section 8. Incorporation into Compl'l!hensive Plan. Upon the effective date of the Comprehensive Plan Amend menl adopted by this Ordinance, said Amendment sha11 be incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any ]1eading may be changed or modified as necessary to effectuate the foregoing. Section 9. .lUl{~l'ti\'c Date mId Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thilty-one (31) days after adoption, in accordance with Section 163.3187 (3)(c), unle.ss challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effec.tive at suc.h time as the Florida De.partment of Community Affairs or the Administration Commission issues a final order determining the adopted small scale CHy of Winter Springs Ordinance No. 2004-05 Page 3 of 4 February 23,2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT C Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Spring.s' 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, 3S amended. ADOPTED bylhe City Commission of the City of Winter Springs, Florida, in 3 regular meeting assembled 011 the _ clay of ,2004. .lol1nF. Bush, M~lyor ATTEST: Andrea Lorenzo-l...uaces, City Clerk Approved as to legal form mId suft1cienq for the City of \\'inter Springs only: Anthon)' A. Garganese, City Attome)' First Reading: Second Re<lding: Effective Date: O:I.DOClI.Cit}' of Winter Springl\OrdlmlOce.s\Sma.l! Scale. FLUM2004..o5. wpd City of Winter Springs Ordinance No, 2004-05 Page 4 of 4 February 23,2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT C ORDINANCE NO. 2004-05 EXHIBIT "A" LOCATION MAP SUBJECT SITE '"OCT Pj , " " " "', OUT '" LEGAL DESCRIPTION The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the West line of the East Y2 of said Lot 3, Block D and the Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E along said West line, and along a Northwesterly projection thereof and along the West line ofthe East Y2 of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33'04" E along said East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S 82d52'56" W along said Northerly right-of-way line a distance of251.42 feet to the Point of Beginning. Containing 8.9 acres more or less.