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HomeMy WebLinkAbout2004 10 25 Public Hearings 405 COMMISSION AGENDA October 25.2004 Meeting Consent Information Public Hearin2 X Regular ITEM 405 frMGR/.#' IDEPT jff Authorization REQUEST: The Community Development Department - Planning Division requests that the Local Planning Agency hold a Public Hearing for First Reading and Transmittal to consider a Large Scale Comprehensive Plan Text Amendment (Ordinance 2004-43) referenced as LS-CP A-05-4, which shall amend the Comprehensive Plan by adding policy statements to the Future Land Use Element relating to the establishment of an Urban Central Business District and revising Transportation Element policy 1,5,14 relating to the Town Center, PURPOSE: The City of Winter Springs is initiating the request for a Large Scale Comprehensive Plan Text Amendment, primarily relating to the establishment of an Urban Central Business District to allow the Town Center development to continue to build out without undergoing DRI review unless it exceeds the parameters provided under State law, APPLICABLE LAW AND PUBLIC POLICY Florida Statute 380.06 (2) (e) : (provides that Development of Regional Impact (DRI) thresholds are increased for developments in Urban Central Business Districts,) Florida Adminsitrative Code, Rule 28-24.014 (0): (Defines terms and process for creating an Urban Central Business District.) 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.., @) October 25,2004 Public Hearing Item 405 (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 Sprines Charter Section 4.15 Ordinances in General. Winter Sprines 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: Sept.23, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing Oct. 6,2004- P & Z Board (LPA) recommended Approval ofOrd. 2004-43. Oct. 14,2004- Public Noticing in the Orlando Sentinel of Transmittal Public Hearing. CONSIDERATIONS: The City of Winter Springs is the Applicant seeking the Comprehensive Plan Text Amendment to create an Urban Central Business District.. For an area to qualify as an Urban Central Business District, it must be a single urban core area of a municipality with a population of 25, 000 or greater, and located within an urbanized area as identified by the 1990 Census. DCA Rule 28-24.014 (10) defines the terms and the process for creating an Urban Central Business District. Section 380.06 (2)(e) of the statewide guidelines and standards provides that DRI thresholds are increased for developments in Urban Central Business Districts, where the Comprehensive Plan is in compliance with Chapter 163. Thresholds increase in an UCBD as described below: Multi-use developments (developments with three (3) or more land uses) qualify for a 100% increase in the multi-use threshold if one of the uses is residential and the Page 2 October 25,2004 Public Hearing Item 405 residential component is at least 35% of the basic residential threshold; HB 539 passed in the 2004 Legislative Session adds language to make it clear that the 100% increase applies to the multi-use threshold and to all individual thresholds for qualified developments, Pursuant to the guidelines and standards for Developments of Regional Impact ("DRI") (28-24.014(lO)(a)(2) FAC), the DRI threshold for development within the Winter Springs' UCBD shall be 800,000 square feet of commercial retail, 600,000 square feet of office and 700 hotel units, with not less than 700 residential dwelling units nor more than 4,000 residential dwelling units. The UCBD guidelines and standards will apply to any Town Center development which has not yet received final site plan/engineering approval. Minor text changes were made subsequent to the Local Planning Agency's recommendation, based on the attached memo from Dover-Kohl. 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. . The Comprehensive Plan Text Amendment 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, Rule 9J-5, and Rule 28-24.014 (10) of the Florida Administrative Code. P & Z / LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board! Local Planning Agency on Oct. 6, 2004, the Board held a Public Hearing and recommended "Approval" to the Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading and Transmittal of Ordinance 2004-43, a Large Scale Comprehensive Plan Text Amendment which adds policy statements to the Future Land Use Element relating to the establishment of an Urban Central Business District and revising Transportation Element policy 1.5.14 relating to the Town Center, Page 3 October 25, 2004 Public Hearing Item 405 IMPLEMENTATION SCHEDULE: Oct. 25, 2004- 15t Reading! Transmittal of Ordinance 2004-43 Nov. 1,2004- Transmittal to DCA and other agencies Feb, 2005- Anticipated Adoption ATTACHMENTS: A. Excerpt from LP A Draft Unapproved Minutes, Oct. 6, 2004 B. Text Amendments C. Ordinance 2004-43 COMMISSION ACTION: Page 4 October 25,2004 Public Hearing Item 405 ATTACHMENT A Excerpt from LP A Draft Unapproved Minutes, Oct. 6, 2004 CITY OF WINTER SPRINGS DRAFT EXCERPT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 6, 2004 PUBLIC HEARINGS Community Development Department - Planning Division D. Requests That The Local Planning Agency Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Text Amendment (Ordinance 2004-43) Referenced As LS-CP A-05-4, Which Shall Amend The Comprehensive Plan By Adding Policy Statements To The Future Land Use Element Relating To The Establishment Of An Urban Central Business District And Revising Transportation Element Policy 1.5.14 Relating To The Town Center. Chairperson Krebs opened the "Public Input" portion of this Agenda Item. Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: addressed the Board on behalf of JDC. Ms. Furman stated, "1 just wanted to thank the Staff for working with us." Discussion. There was no other "Public Input". "I'D LIKE TO MAKE A MOTION THAT THE [PLANNING AND ZONING BOARD]/LOCAL PLANNING AGENCY RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE FIRST READING OF TRANSMITTAL HEARING ADOPTION OF ORDINANCE 2004-43, A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT WHICH ADDS POLICY STATEMENTS TO THE FUTURE LAND USE ELEMENT RELATING TO THE ESTABLISHMENT OF AN URBAN CENTRAL BUSINESS Page 5 October 25,2004 Public Hearing Item 405 ATTACHMENT A Excerpt from LP A Draft Unapproved Minutes, Oct. 6, 2004 DISTRICT AND REVISING TRANSPORTATION ELEMENT 1.5.14 RELATING TO THE TOWN CENTER. BASED ON THE 'FINDINGS' OF THE CITY, THE REQUEST IS IN CONSISTENT WITH ALL APPLICABLE GOALS, OBJECTIVES AND POLICIES OF THE CITY ADOPTED COMPREHENSIVE PLAN. THE REQUEST IS IN CONFORMANCE WITH THE PURlPOSE AND INTENT OF THE CITY CODE WITH ALL APPLICABLE REQUIREMENTS. THE COMPREHENSIVE PLAN TEXT AMENDMENT WILL NOT RESULT IN ANY - LAND USES, SUCH AS FACTORS OF HEIGHT, BULK, SCALE, INTENSITY, TRAFFIC NOISE, DRAINAGE, DUST, LIGHTING, APPEARANCE AND OTHER FACTORS DEEMED IMPORTANT. THE REQUEST IS CONSISTENT WITH THE FLORIDA STATUTE CHAPTER 163, PART II, RULE 9J-5 AND RULE 28-24.014 (10) SECTION 10 OF THE FLORIDA ADMINISTRATIVE CODE." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. Page 6 October 25,2004 Public Hearing Item 405 ATTACHMENTB Text Amendment (New text is underlined.) FUTURE LAND USE ELEMENT GOAL 5: Urban Central Business District. The City of Winter Springs seeks to create an Urban Central Business District (UCBD) in order to promote high intensity. high density development in its urban core. Obiective 5.1: Urban Central Business District desienated as an appropriate area for intensive erowth and development. The UCBD is intended for high intensity. high density multi-use development which may include any of the following: retail. office (also including professional and governmental offices). cultural. recreational and entertainment facilities. high density residential. or hotels and should be located in close proximity to public facilities. Policy 5.1.1: Purpose of Urban Central Business District. The purpose of the UCBD is to: (1) Plan appropriate and balanced land uses on a scale and at an intensity. consistent with the availability of public facilities and services; (2) Facilitate mixed use development; (3) Encourage mass transit; (4) Reduce the need for automobile travel; (5) Encourage quality development; and (6) Give definition to the urban form through a vertical and horizontal mix of uses rather than strip-type development. Policy 5.1.2: Characteristics of Urban Central Business District. The UCBD is a multi-use area appropriate for intensive growth and having the following characteristics: (1) Compact in design; (2) High densities and intensities; (3) Proximate and accessible to maior arterial roadways; and (4) Adequate public facilities including roads. water. wastewater. solid waste disposal. stormwater drainage. and recreation, Policy 5.1.3: Consistencv with Comvrehensive Plan, The UCBD shall be consistent with the Winter Springs Comprehensive Plan. Densities and intensities of the UCBD shall be consistent with the underlying future land use map densities and intensities. Policv 5.1.4: Location, increased standards, The UCBD shall be located in an area suitable for development of regional impact guidelines and Policy 5.1.5: Boundaries, The UCBD shall be a defined geographical area delineated on the Future Land Use Map of the Comprehensive Plan. Page 7 October 25,2004 Public Hearing Item 405 ATTACHMENT B Text Amendment Policy 5.1.6: Exvansion of an Urban Central Business District, The UCBD may be expanded by an amendment to the Comprehensive Plan text or an amendment to the Future Land Use Map of the Comprehensive Plan. Obiective 5.2: Location of the Urban Central Business District dlesi2nated. The City adopts the UCBD as an overlay to the Town Center District. Policy 5.2.1: Town Center District, The Town Center District is intended to encourage a mixed-use high density, high intensity neo-traditional Town Center. Policy 5.2.2: Boundaries. The Town Center District boundaries are delineated on the Future Land Use Map of the Comprehensive Plan. Obiective 5.3: Desi2n Criteria for UCBD. Policy 5.3.1: Intensity. Pursuant to the guidelines and standards for Developments of Regional Impact ("DR!") (28-24.014(10)( a)(2) F AC), the DR! threshold for development within the UCBD shall be 800,000 square feet of commercial retail, 600,000 square feet of office and 700 hotel units, with not less than 700 residential dwelling units, nor more than 4,000 residential dwelling units. Policy 5.3.2: Future Land Use Desifmation, The future land use designation of all development within the UCBD shall be "Town Center", Policy 5.3.3: Public Areas Within the Town Center, The UCBD shall incorporate pedestrian nodes as focal points, These might include plazas, parks, gardens, courtyards, or other open space areas and are further noted in the Comprehensive Plan Future Land Use Element Policy 2.2,3. Policy 5.3.4: Coordination with Transit. The UCBD shall incorporate transit friendly features pursuant to the City's Comprehensive Plan Transportation Element Policy 1,6.2, Policy 5.3.5: Block In tercon n ectivitv , Developments shall have an interconnected network of walk able streets and blocks, Page 8 October 25,2004 Public Hearing Item 405 ATTACHMENT B Text Amendment Policy 5.3.6: Pedestrian Friendlv Site Desi!!n. The UCBD shall promote pedestrian gathering and circulation through all of the following: · Safe and convenient pedestrian connection to commercial shop fronts from rear parking areas. Connection might be by public sidewalk or through plazas. courtyards. vias. or corridors, · Transit stops which are well connected to pedestrian circulation systems and include shelter from the elements and sitting areas. · Sidewalks that are a minimum of 12' wide along in front of commercial shopfronts and are a minimum of 6' wide in all other areas, · Provisions for immediate shade along streets by inclusion of larger caliper shade trees. expanded awnings or colonnades for commercial shop fronts. and/or other means, · Pedestrian lighting and subdued night lighting of display windows and building interiors along street frontages, · Room-sized areas of habitable space along street frontages in commercial shop fronts with entrances at the same grade as the sidewalk. · Streetscape design as set forth in the Town Center District Code. Policy 5.3.7: General Desi!!n of Individual Developments within the Urban Central Business District. All development within the UCBD is held to the guidelines of the Town Center Code, Development is required to include diversity in detailing and style while maintaining aesthetic harmony. Policy 5.3.8: Service Areas, Service areas shall not be located in front yards and shall not be visible from public rights-of-way or squares. parks. or primary space. Service areas shall be designed to the standards set forth in the Town Center District Code. Page 9 October 25, 2004 Public Hearing Item 405 ATTACHMENT B Text Amendment Policy 5.3.9: Sifmaf!e. Commercial shop front signage shall include a variety of creative signage tyoes (including proiecting signage and fin signs) and may include the use of exposed neon for building facade signage as set forth in the Town Center District Code. Directional (waviinding) signage shall be utilized to direct pedestrians to businesses and streets. TRANSPORT ATION ELEMENT Policy 1.5.14: Except in the Town Center, where bikes are allowed to use travel lanes, bike paths shall be established on one side of every collector street with sidewalks established on the opposite side of all arterial streets, The City shall coordinate with the MPO, the County and the State to expand the current bicycle system, Page 10 October 25,2004 Public Hearing Item 405 ATTACHMENT C Ordinance 2004-43 Ordinance to be provided by Attorney as separate attachment. Page 11 COMMISSION AGENDA ITEM 405 Consent Information Public Hearin X Re ular October 25,2004 Regular Meeting MGR. ~ /Dept. , ORDINANCE 2004-43 ATTACHED ORDINANCE NO. 2004-43 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, REFERENCED AS LS-CPA-05-4, WHICH SHALL AMEND THECO~REHENSNEPLANRELEVANTTOTHETOWN CENTER BY ADDING POLICY STATEMENTS TO THE FUTURE LAND USE ELEMENT WHICH DESIGNATE THE TOWN CENTER AS AN URBAN CENTRAL BUSINESS DISTRICT AND REVISING A POLICY STATEMENT IN THE TRANSPORTATION ELEMENT, POLICY 1.5.15 EXEMPTING TOWN CENTER COLLECTOR ROADS FROM THE BIKE LANE REQUIREMENT; PROVIDING FOR TRANSNUTTALOFTHEPLANTOTHEDEPARTMENTOF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTNE DATE. WHEREAS, Section 3 80. 06(2)(E), Florida Statutes, provides that Development of Regional hnpact (DR!) thresholds are increased for developments in Urban Central Business Districts; and WHEREAS, Rule 28-24,014 (10), Florida Administrative Code, defines terms, conditions and procedures for creating an Urban Central Business District; and WHEREAS, the City of Winter Springs Comprehensive Plan, Future Land Use Element Goal 2 requires the City to create Town Center which is centrally located within the City and generally located at the major intersection of S.R. 434 and Tuskawilla Road; and WHEREAS, the intent and purpose of requiring the Town Center is to create an innovative, higher density/intensity urban mixed use development including high density residential, retail, office, cultural, recreational and entertainment facilities; and WHEREAS, the City Commission hereby finds that the Town Center is ideally suited to be designated an Urban Central Business District to facilitate the creation of the Town Center; and WHEREAS, Section 163.3174(4), Florida Statutes, provides that the Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall 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. The Local Planning Agency shall monitor and City of Winter Springs Ordinance No. 2004-43 Page lof6 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; 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 Deparbnent 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 II, Florida Statutes, on the proposed Comprehensive Plan amendment and consider~d 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 that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-05-1) to the Florida Department of Community: Affairs for its review and comment; and WHEREAS, the City Commission hereby fmds 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. Large Scale Comprehensive Plan Amendment. The City of Winter Springs Comprehensive Plan, Future Land Use Element is amended to create a new Goal 5 and the Transportation Element Policy 1.5.14 is amended as follows: (underlined type indicates additions and sttikcout type indicates deletions). FUTURE LAND USE ELEMENT GOAL 5: Urban Central Business District. The City of Winter Springs shall create an Urban Central Business District (UCBD) in order to promote high intensity. high density development in its urban core. Objective 5.1: Urban Central Business District desiened as an appropriate area for intensive ~rowth and development. The UCBD is intended for high intensity. high density multi-use development which may include any of the following: retail. office (also including professional and governmental offices). cultural. recreational and entertainment facilities. high density residential. or hotels and should be located in close proximity to public facilities, Policy 5.1.1: Purpose of Urban Central Business District. The purpose ofllie UCBD is to: (1) Plan appropriate and balanced land uses on a scale and at an intensity. consistent with the City of Winter Springs Ordinance No. 2004-43 Page 20f 6 availability of public facilities and services: (2) Facilitate mixed use development (3) Encourage mass transit: (4) Reduce the need for automobile travel: (5) Encourage quality development: and (6) Give definition to the urban form through a vertical and horizontal mix of buildings and uses rather than strip-type development: Policy 5.1.2: Characteristics of Urban Central Business District. The UCBD is a multi- use area appropriate for intensive growth and having the following characteristics: (1) Compact in design: (2) High densities and intensities: (3) Proximate and accessible to maiar arterial roadways: and (4) Adequate public facilities including roads. water. wastewater. solid waste disposal. stormwater drainage. and recreation, Policy 5.1.3: Location Requirement. The UCBD shall be located in an area suitable for increased development of regional impact guidelines and standards, Policy 5.1.4: Boundaries. The UCBD shall be a dermed geographical area delineated on the Future Land Use Map of the Comprehensive Plan. Upon the effective date of this Policy. the initial boundairies ofthe UCBD shall coincide with and overlay the boundaries of the Town Center District as set forth on the Future Land Use Map. Policy 5.1.5: Expansion or Reduction of an Urban Central Business District. The boundaries of the UCBD may be expanded or reduced by an amendment to the Comprehensive Plan text or an amendment to the Future Land Use Map of the Comprehensive Plan. Objective 5.2: Desien Criteria for DCBD. Policy 5.2.1: Intensity. Pursuant to the guidelines and standards for Developments of Regional Impact ("DRI") (28-24.014(10)( a) (2) F AC). the DR! threshold for development within the UCBD shall be 800.000 square feet of commercial retail. 600.000 square feet of office and 700 hotel units. with not less than 700 residential dwelling units. nor more than 4.000 residential dwelling units. Policy 5.2.2: Future Land Use Designation. The future land use designation of all development within the UCBD shall be "Town Center". Policy 5.2.3: Public Areas Within the Town Center. The UCBD shall incorporate pedestrian nodes as focal points. These may include plazas. parks gardens. courtyards. or other open space areas and are further noted in the Comprehensive Plan Future Land Use Element Policy 2,2,3, Policy 5.2;4: Coordination with Transit. The UCBD shall incorporate transit friendly features pursuant to the City's Comprehensive Plan Transportation Element Policy 1.6.2, Policy 5.2.5: BlockInterconnectivity. Developments shall have an interconnected network of walk able streets and blocks. City of Winter Springs Ordinance No, 2004-43 Page 30f 6 Policy 5.2.6 Pedestrian Friendlv Site Design. The DCBD shall promote pedestrian gathering and circulation through all of the following: · Safe and convenient pedestrian connection to commercial shop fronts from rear parking areas. Connection may be by public sidewalk or through plazas. courtyards. vias. or corridors. · Transit stops which are well connected to pedestrian circulation systems and include shelter from the elements and sitting areas. · Sidewalks shall be a minimum of 12' wide along and in front of commercial shop fronts and shall be a minimum of 6' wide in all other areas, Provisions for immediate shade along streets by inclusion of larger caliper shade trees. expanded awnings or colonnades for commercial shopfronts. and/or other means, Pedestrian lighting and subdued night lighting of display windows and building interiors along street frontages. · Room-sized areas of habitable space along street frontages in commercial shopfronts with entrances at the same grade as the sidewalk, · Streetscape design as set forth in the Town Center District Code, Policy 5.2.7: General Design of Individual Developments within the Urban Central Business District. All development within the DCBD shall comply with the Town Center District Code. Development is required to include diversity in detailing and style while maintaining aesthetic harmony. Policy 5.2.8: Service Areas. Service areas shall not be located in front yards and shall not be visible from public rights-of-way or squares. parks. or primary space. Service areas shall be designed to the standards set forth in the Town Center District Code. Policy 5.2.9: Sign age. Commercial shop front signage shall include a variety of creative signage types (including proiecting signage and fin signs) and may include the use of exposed neon for building facade signage as set forth in the Town Center District Code. Directional (wayfinding) signage shall be utilized to direct oedestrians to businesses and streets. TRANSPORTATION ELEMENT Policy 1.5.14: Except in the Town Center. bike paths shall be established on one side of every collector street with sidewalks established on the opposite side of all arterial streets, The City shall coordinate with the MPO, the County and the State to expand the current bicycle system. City of Winter Springs Ordinance No. 2004-43 Page 40f 6 Section 3. 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 4. Purpose and Intent. The purpose and intent is to adopt the large scale comprehensive plan amendment (LS-CP A-05-4) which shall amend the Comprehensive Plan relevant to the Town Center by adding policy statements to the Future Land use element which adds policy statements to the Future Land Use Element relating to the establishment of an Urban Central Business District and revising Transportation Element policy 1.5.14 relating to the Town Center. Section 5. 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 "Urban Central Business District." Exhibit i'A" is attached hereto and fully incorporated herein by this reference. Section 6. 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 7. 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 8. 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 9. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163,3184, Florida Statutes. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendment shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended, City of Winter Springs Ordinance No. 2004-43 Page 50f 6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004, John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G:\Docs\City of Winter Springs\Ordinances\2004\2004-43 _LargeScaleCompPlan,wpd City of Winter Springs Ordinance No. 2004-43 Page 60f 6 . :::::'--~" ~ . r. "" \\\ ., ~\Jl.~ \ mrd "'P f~ ~ ~ /w ~ ~~. ~I Imlo' ~ \ r_"I~ b . l~-- ~~ l I~ 1,..- --' .~ c ~ ~~ -\-.~ ~ ~,\. - ~~~ - 6, 1"""'01 ,..- rnl. Ordinance 2004-43 EXHIBIT 'A' Date: 102504 The following Document relates to Public Hearings "405"as discussed on 10/25/04 A. Town Ccntel- District Boundary Map ......-- · District Boundary - - County Enclaves (not in city) Lake Jesl/p <Q- -fe ./ eJ' q/-J ...,,..,.,,J\.... ~~ \ ~-- \ \ \ \ \ I i \ ~"-'- \ ..-~.----- " .- /....,.,.~ Original Town Center Map Exhibit (Overlaid with City GIS Maps) Legend C Current Town Center Boundary ~ CurrenlParcelBoundaries Roadway Edge Surface .......... Unpaved Roads - Paved Roads - Driveways I Par1<ing Southeastern Surveying & Mapping Corp. District Boundary' ," ~ . ..'\..,.' . "., ... - . -0 _1:'._ ;. " District 80 ndary ~ Ordinance 2004-43 EXHIBIT 'A' October 25, 2004 Public Hearing Item 404 ATTACHMENT B Ordinance 2004-40 Exhibit A Page 11 ORDINANCE NO. 2004-40 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CPA-05-3, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNA TING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS EIGHT (8) PARCELS OF LAND, CONTAINING 11.028 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "OFFICE" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq" Florida Statutes, establish 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, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established 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 Local Planning Agency recommended that the City Commission transmit City of Winter Springs Ordinance No. 2004-40 Page 1 of 3 the subject property large scale comprehensive plan amendment (LS-CPA-05-3) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; 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 reci tals 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 163.3184 and 163.3187, Florida Statutes, Section 3. Purpose and Intent. The purpose and intent of this Ordinance are to adopt the large scale comprehensive plan amendment (LS-CPA-05-3) designating the subject property from Seminole County "Office"to City of Winter Springs "Town Center." 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 in Exhibit "A" as Seminole County "Office," 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 163.3187(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 Winter Springs City 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, 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. City of Winter Springs Ordinance No, 2004-40 Page 2 of 3 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163,3184, FLorida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective, If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this amendment, the comprehensive plan amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the amendment shall have the legal status of the City of Winter Springs' Comprehensi ve Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2004-40 Page 3 of 3 October 25, 2004 Public Hearing Item 404 Ordinance 2004-40 EXHIBIT 'A' LOCATION MAP PARCEL NUMBERS 36-20-30-502-0000-0020 36-20-30-502-0000-0040 36-20-30-502-0000-004A 36-20-30-502-0000-0050 36-20-30-502-0000-004 B 36-20-30-502-0000-006A 36-20-30-502-0000-004C 36-20-30-502-0000-0060 Page 12 October 25,2004 Public Hearing Item 404 ATTACHMENT C Excerpt from Draft Unapproved P & Z / LP A Minutes CITY OF WINTER SPRINGS DRAFT EXCERPT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 6, 2004 PUBLIC HEARINGS Community Development Department - Planning Division B. Requests That The Local Planning Agency Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2004-40) Changing The Future Land Use Map Designation From "Office" (Seminole County) To "Town Center District" (Winter Springs) For Eight (8) Parcels Containing 11.028 Acres, More Or Less, Located South Of State Road 434, West Of The Intersection At Tuskawilla Road. Chairperson Krebs opened the "Public Input" portion of this Agenda Item. No one spoke. Chairperson Krebs closed the "Public Input" portion of this Agenda Item, Mr. Baker presented this Agenda Item. Discussion. Tape l/Side B Discussion ensued. Page 13 October 25,2004 Public Hearing Item 404 ATTACHMENT C Excerpt from Draft Unapproved P & Z / LP A Minutes "I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS- CPA-05-3, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS EIGHT (8) PARCELS OF LAND CONTAINING 11.028 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN AS EXHIBIT 'A,' AND CHANGE THAT FROM COUNTY 'OFFICE' TO CITY OF WINTER SPRINGS 'TOWN CENTER'." MOTION BY BOARD MEMBER POE. SECONDED. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE BOARDMEMBERPOE: AYE BOARD MEMBER VOSKA: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. Page 14