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Home My WebLink About2010 10 25 Public Hearing 502 Second Reading Of Adoption Of Ordinance 2010-20 GreeneWay Interchange District COMMISSION AGENDA ITEM 502 Consent Information Public Hearing X Regular October 25, 2010 Meeting 1 gr. / /Dept. Authoriza ton REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2010- 20, amending the Comprehensive Plan related to the Greeneway Interchange District (GID). SYNOPSIS: Several amendments to the Greeneway Interchange District (GID) are needed to better implement the goals of SeminoleWAY and the East Central Florida Regional Planning Council (ECFRPC). CONSIDERATIONS: As provided by law, the Comprehensive Plan of the City of Winter Springs can be amended only in accordance with 163.3187(1). APPLICABLE LAW, PUBLIC POLICY, AND EVENTS 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 163.3177: Required and optional elements of the comprehensive plan; studies and surveys. Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15 -30. Authority, purpose and intent; Sec. 15 -35. Review procedure. Section 15 -36. Review criteria; Section 15 -37. Local Planning Agency Review and Recommendation: October 25, 2010 Commission Public Hearing Item 502 Page 2 of 5 BACKGROUND DATA This text amendment is being proposed as a direct result of discussions planning staff has had with the ECFRPC and the primary property owner within the GID. Increasingly, mixed use development is being encouraged to have a strong jobs to housing mix to reduce demand on transportation systems by capturing trips on -site and increasing 24/7 activity within the development. As a result of the EAR -Based Amendments adopted by the City on September 28, 2009, the text of the GID was amended so that stand -alone housing was no longer permitted. It was not the intent to eliminate residential use from the GID, but rather to maximize the area for target industry use. Therefore, residential use was allowed to continue on a limited basis, as no more than 25% of any one mixed -use building, and only as a conditional use. Previous to the 2009 EAR -Based Amendments, stand alone residential was allowed as a conditional use on a limited basis and only after a certain percentage of the area was developed in other uses. Future Land Use Policy 3.2.2 Through the adoption of land development regulations, medium to high density residential uses may be added by the City Commission as conditional uses, but shall not be required. If added and approved during the development review process, medium to high density residential uses shall be incidental to existing Greeneway Interchange uses set forth in Policy 3.2.1. Medium to high density residential uses shall not be permitted within the Greeneway Interchange area until such time as at least thirty percent (30 %) of the developable Greeneway Interchange land has been developed with the uses set forth in Policy 3.2.1. Medium to high density residential uses shall not occupy more than twenty -five percent (25 %) of the developable land designated Greeneway Interchange. Further review of urban environments, illustrate that mixed use structures which incorporate housing often include as much as 75% of the mix, in residential. In order to allow greater flexibility in the implementation of the goal and objectives of the GID, staff is proposing that Future Land Use policy 3.2.2 be amended. However, any residential use within the district would still require it to be permitted as a conditional use, prior to site plan approval. However, the primary consideration is the intent of the district. Amending the percentage within any one building could potentially undermine the floor area exclusively developed to attract the identified target industries. Therefore, additional language limiting when and how much residential square footage is included. The proposed revised policy: Policy 3.2.2 Residential Use Limitations. Prohibit residential except as a conditional use, incidental to other GID uses set forth in Policy 3.2.1_ Residential uses shall be .. • . - . - - • . .. _ . . . _ vertically integrated, into mixed use structures and October 25, 2010 Commission Public Hearing Item 502 Page 3 of 5 shall not occupy more than seventy-five percent (75 %) of any one structure. Proposed residential uses that occupy more than twenty-five percent (25 %) of any one building must be incidental residential uses associated with a primary nonresidential use. Additionally, residential uses shall not occupy more than twenty-five percent (25 %) of the total floor area of development for that proposed phase (parking garages excluded in the calculation). The amendment has no net affect on the total number of residential units allowed within the District. Demographics for the GID indicate a current estimated 1,399 households within one mile. Two hundred fifty -two of these units are apartments located immediately adjacent to the south (south side of SR 434). Vacant property immediately adjacent on the west (having a Mixed Use FLUM designation) could add as many as 360 more units. Further review of urban environments indicates the need for ancillary structures that may not meet the two story minimum requirement. Therefore the policy has been revised to allow greater flexibility in the development of the district, while maintaining the intent: Future Land Use Policy 3.2.4 Intensity and Building Height. Encourage higher intensity development in the GID by requiring buildings to include at least two (2) stories of occupiable space (as defined in Florida Building Code, Chapter 2) and allowing a FAR up to 1.0. Development bonuses allowing a higher FAR, may be granted based on the criteria described in Future Land Use Element, Policy 3.2.5. The City Commission may permit principal buildings less than two (2) stories in height by conditional use pursuant to the standards set forth in the City's land development regulations. Ancillary buildings may be excluded from the two story minimum, by action of the City Commission. FINDINGS: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the City's budget, or the economy of the city or the region; The amendment enhances the orderly and balanced economic and fiscal development of the City. (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities; The amendment will not diminish the LOS of public facilities. (3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; The amendment enhances the orderly and balanced social, physical and environmentally responsible development of the City; October 25, 2010 Commission Public Hearing Item 502 Page 4 of 5 (4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F- 19.001, Florida Administrative Code; The amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan set forth in Chapter 187, F.S. and the (1998) East Central Florida Regional Policy Plan, adopted by Rule 29F- 21.001, Florida Administrative Code as well as the Draft East Central Florida 2060 Strategic Policy Plan currently under review. (5) Whether the City is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost/effective use of or unduly burden public facilities; The amendment provides the cost/effective use and expansion of public facilities. (6) Whether the amendment is compatible with surrounding neighborhoods and land use; The amendment will not reduce the compatibility of the GID with surrounding neighborhoods and land use. (7) Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; Internal consistency within the Comprehensive Plan is maintained. (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and The amendment promotes the public health, safety, welfare, economic order, and aesthetics of the City. (9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. As part of the City's 2008 Evaluation and Appraisal Report process, it was recognized that the City should amend the GID to allow residential only as a part of a vertically mixed use structure. This amendment furthers that objective by recognizing that a higher percentage of residential within the vertical mix would allow additional flexibility within the GID. The amendment is part of the City's bi- annual Comprehensive Plan amendment cycle. Both a Transmittal Hearing (held 2010- 07 -26) and Adoption Hearing are required prior to issuance of a Notice of Intent by the State Department of Community Affairs. FISCAL IMPACT: This amendment will help facilitate development of the GID in the manner envisioned by the City. The GID is widely recognized as the City's greatest potential for diversification and expansion of the City's tax base. COMMUNICATION EFFORTS: Commission Agenda Items are posted in City Hall and posted on City's Website October 25, 2010 Commission Public Hearing Item 502 Page 5 of 5 July 4, 2010- Public Noticing in Orlando Sentinel of LPA Public Hearing July 14, 2010- LPA Public Hearing — consideration of the amendment and recommendation of adoption made to the City Commission July 15, 2010- Public Noticing in Orlando Sentinel of CC Public Hearing July 26, 2010- First Reading of Ordinance transmitting the proposed Comprehensive Plan Amendments Oct. 8, 2010- ORC Report from the State Dept. of Community Affairs Oct. 14, 2010- Public Noticing in Orlando Sentinel of CC Adoption Public Hearing Implementation Schedule: Oct. 25, 2010- City Commission 2nd Reading/Adoption Hearing Oct. 28, 2010 Submittal to DCA for Compliance Review (within 10 days of adoption) The ordinance becomes effective 21 days after of the issue of the "Notice of Intent" to find the comprehensive plan amendment in compliance, by the Florida Department of Community Affairs. [ref: 163.3184 (10)(a) F.S.] RECOMMENDATIONS: P &Z/LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the P &Z/Local Planning Agency Board held on July 14, 2010, the Board voted unanimously to recommend approval of Ordinance 2010 -20 with minor text changes. These changes were incorporated into the text considered during First Reading. STAFF RECOMMENDATION: Staff requests that the City Commission hold a Public Hearing for Second Reading and Adopt Ordinance 2010 -20, which amends portions of the City's Comprehensive Plan related to the Greeneway Interchange District (GID). ATTACHMENTS: A- Noticing in Orlando Sentinel B- P &Z/Local Planning Agency Minutes of July 14, 2010 C- Ordinance 2010 -20 with proposed amendments to the Future Land Use Element KE • SUNDAY, JULY 4, 2010 D2 Orlando Sentinel • l I ov�� change cal Impairment e be v by . NUBBARD Ci�ONf�S►►R)fppC�try� CDMPANY ADVERiISEMENT FOR BIOS NOTICE ONDER gC711lDUS • CITY OF S , telephone. At the above location there. INM1Ai1W To ELL 8, Then MANE STATUTE There may be occasions when stt{f or Luca P �SPRI t 8 AGENCY WILL CDNSNIER will be present o speaker•telephone so N ri Cawstiaetloe Corneas; invites all !Clancy il soliciting Construction i n Coom and k t y other Individuals may participate 0 WE N0. 2M0-18 mat any interested attend ted con N speaker telephone. rtties coy& with FOOT, City i the fmeeting i aat the ofbotvha ac Ion and • W Orlando or O County to bid the saf�.thpie V-Sel .p�,aBSaelst for A�_co�n di TO.WHOM IT MAY CONCERN: Anv person requiring special acorn- . A OF CITY DF WIN R taking Place either In person or m no o by • lov eds•0 Expressway M'lnag at as a W Inasi Avows Notice Is herreby iven that the und mpdation at this i because ty o PRIN S, SE } I E T telephone communication. Y �1� NoNl to Projects ng Land�sld ti and do e whit the -- ( ) Itl contact t leas D t Ratty ph 4t W NT D D M SPR NT OLE COD Y TO FO ENF Person o f Mls i tx c u u o 3Oi•P dude revisions to Iayaut, upges es ,tate, State of Etoridu uppo e ipt et he ar gt or $erica I pl cas CEPTAONION CON' I RIRR P X- - sh07)p,1 comm., at least llrt dve Sa at Work consists of hauling,. bore & Jock, of ftnisnso. modification and addition roof o the publication of this notice, con R Ai ((�� 7 t dewate Bros On control clear paving, & o casework madiflcattpns to NVAC, the fict tious name, to -wit: 70 for aid In contacting the TATI MO BIL R I T T Y >' TR E A p TE A GI S days pr to the meeting. i Cra�naa eo flooarrtvk and 11 plumbing. fire protection, security, uunaat S taro) engaged DIs Olflce. P PRIO ORDIN Each teen who decided to appeal b wo sled, pavement s Proposals wait be by mall or fax In n business in of 2427 N. Fasym Rd. Or any h perp n i nu by decides t rip • ES AND R 1 CORPO- any action token at these meetings is fencing, due y l 7250 Boa • N ATION INTTT 0 THE CONPREHEN- advised thot person will need a reed concrete curb and gutter and guard - at tan & Thetis Cansttr�u Com- That the (party) (parties) Interested respect to any matter considered at SIVE PLAN; L GAL STATUS OF at the epple� proceedings and at according- 0 Ip q Erg ve: P o dllearme send ore .iylY 21 lowiaid business enterprise is as fair the public perso need meeting reco a( • AMEND iLITY y verbatim record of the proceeding; .00 at Pions and special ovi ion Please meals Attn.. Ji 11 II pro= The Sunshine Line, Inc. Proceedings stet iwt accordid Iv, the - AND AN EFFECTIVE DATE is made, including he testimony and for C e eti,, d art Dated at Orlando Orange County, person may need to ensure lho ear. evidence upon which such appeal Is to s i Y , .1s i Iv 93 w 6 r1ft Re . c a o r r m n ep Faaxx r the ta eoandsdv i Florida, June 30, 2010. m at a im ( 01 to T race d and evi ONDINM(CE NO. 201040 be based. • winter Pd , F L Ph 407- spedfled. COR1075922 7//2010 dente upon•wh CE OF IRE CITY ich such appeal Is to be A ORDINA CpM Fox: u 407 or -mall to constructed based. MISSION OF THE CITY OF WINTER Joe Maa to ll to the ar,c , Direct f ail The work }hall be c and ed In ac- NNN hod � District Manager T Estimating 1/120 wt SPRINGS, SEMINOLE COUNTY Ra r The w r ate Gory L. Moyer FL RIDA SETTING FORT COR1076025 7/42010 specialldn Any with dingort have C oval i Co truct onOOCaomf Clan- Distr pyn• ict Manager AM O Mf-`_N TO THE CITY S O C 0 once please call. our FTP site, and The antral Fior tda TO WHOM IT MAY CONCERN OSCI0707o1 627, 7/4/10 WI Ell Fl, i REGARDI P NG TH g 1> F E Builder's ExcbaneDe (407) 629-2411. Notice Is hereby ivel that me under• REENWAY INTEER ANGE 1 COR1075098 7R, 7/3, 7/42010 1.160611 l001.160611 cont act Ml Whitehead at � 7. U` signed ursuan to the 'Fictitious T R I CT; PROMO* G � Cp R'THE RE 1 NBFdYYBEAIBE FIRMS WAWANTED mwegsl}ile &ta for FTP Name 5 tatute' C lapfer s 09, Fled- Np�� F PR O IIU y fR PEA OF PRIORI CQNS1 TENT 7 ` ti- : ∎ ddoa Statuteies�•� wlii register with the Divl- WOIgISNOP SC'• � BOARD ( x ORDDINANCES AND RESOLuTIoNS The Construction Committee of the • t Bras fteld & le, _L General Con All bids must be firm bids for a period sion of CO • Department OF INCORPORA ION INTO .T. E COM C Draenewav, and Myrtle tractor, daca 2 00 C�p Center • of sixty (60 )dove oiler fht time set Stole, State of Fiori��a uaoa moo of The School Board of Orange County, PREHENSIV PLAN; (.EGAL STq trtl Parkway, Suite 200 Loke Mary, FL • for opening bids. Clancy & Theis Car Coot of ihe publication of this nett , Florida, wwiill Mid a public hearing an TUS OF TH OMtfREHENSIVE reeek ins ravens Districts wt 1 be Park (Phone ID 200, ) will be bid- fo r openi and the Osce i County the fictitious name, to -wit: proposed Chan es to INC for win i N AMEN M SEVERABIL• mee Ting of the ot�Sce of Donal W hat QQ � 32746 40 k be bid- O u }y - Bow Psi ApeM" s board policies on Judy 2010 lTY, AND AN EFFECTIVE DATE. McIntosh North, jfey Inc. 2200 Q p ark e Rua PISSr for t �rlando•O1- - waive any DIs nf reserves an to right under wh h (i an ( ore) en�aa qp one Lead- Avenue Nar(tb Winter Park. FL 31 789 9 4u EEE)p esswo at t;;••••• t- at 252 Oak Ridge Rog or 4:910 Cente Ioc located 445 West IN WEON -!, 1 JULY , tank ang eh C (Nda tY e Xbr sa f A r M, a y or all All proposals m u bs esa 1 Street Orlando Florida, 32801. OR SCaN , I,i July 8 201 W n r a on standard company letter- • That Inc (p rt809 Ansel a Ca e I tim aro: head and clearly identltY 1M pro That th (party) (parties) interested The propese board pollcw revisions � ! , � � � July 2i 2010 itaI time. Bing npportund Bidding Piles, presto ass rams. In said hotness enterprise Is as 1,A., may owed at hftttp: /Avww.roWaed• �f .� August 2010 IO r lows: pollcies.ocps.net c6 ies may he ob- iTE ' 4 28 August l s < , 2010 s trutldnD storm pipith retolr- tamed of the Educations( Lead J '" • SPNI OS. � September 2 2010 ne wall$ striping, asphalt paving glassy W Won Co, ore wsgss The Villas o! Central Park Associates er ship landscaring, concrete formwork . Nisi wed Wowsp E utaw o p 1 lim PartelKShip Center between INC hours of Intermit- mil- tem 1 2010 • ready -mix concrete, rear r material; la oceordenee Mr s VI of c tl ls w s Ckd Dated at Orlando, Orange County, and 4 3p p.m. In the Public IMarmo• The pr ordinances r1�oY ba In T010 rebar it Wlation, concrete placement 1p AN of 1111, all will N sBad • Florida. June 30, 2010. lion Office, spaded interested parties betw )C r. mw be occw ens when one or and finishing, ststructural l steel, cur nw>tgr r a bids to 6y 9.m. ay, and 5 p.m Monday thr oe h m Supe w portictpatg by ters, gu traffic signs, Ng- sp pp map top COR1075923 714 Written comments may of 1; no tce ated at 11 the os t S t te em ' 434, �o- to At the above location there gut r ywutlon esJ at ha d n eNd within 21 dovs me doe of this notice catsd at 1126 E st State Road 436,1IV n- ep nol zWlon tenting, rd rolls tack and bore, we- elision a as so Nos w.W amino. NOTICE IN DER LIOTIOUS to Krista R ussell, Labor R elations, ter Springs, Ftoritla. For lore infer- yrIII De ibeen a g/sealams, electrical sur- sa er . eatlogsiin le consideration ler NAME S or D(TUre ELC-9, 445 407) 327-1800 es Persons that line telephone so e �� can attend terproofi veYIng, painting. WS eaa�ap tot BE . ward. Am Hies MN need Wenn- do, FL 32 Substantially °Netted with dlsWesf Amelia Street, Orion- Orl motion cell aWfttles needing assls t 114,111,,e1„ at ve Ovation and s N and would be wenn N Malt ' ties or win le pleas sees ad ca- photons may within 14 days f INC dote participate IIIn any of those Pr ceodings !n o rmsd o I NC t discussions iqdrfad awb e s dearest: dearest: dearest: el waft iw sw e a r O bis( nR f 6.111( w pgrib coot TO WHOM IT AtAY CONCERN: P this hence, file an object to this should contact the Employee Relations t pl a c e e i n person or by . sb srd iseulde 1111111 611 II W b LI with a i r Nos i nt els Wh i ss _ op far rood, skald a M •181616 Notice is hereby given tta1 me nder- 7 lempkigg with INC Sehoot Bo Deportment Coordinator, 48 hours In tlal t e l ephone ca_mmunication. that such ese fe'erd.tId Neil- d i et, e a 1116tsna A d � n t op... am signed ursuant to the 'Fictitious e oblation shall specify the port s advance of the meeting at (407) 327- • IoW P el sisa The rdgakas ore des rewording Ni lithos sir �s1 e.00ns Na Statute Chapter 5.09, Fiori• of me proposed rule t which the per- 1800, ExExtension z36. These are public �Y requlring special accom- . prei(ae�t� e8 me 86 son pMeths and the specific reasons hearings. If you decide t OPP a( Pity moda � o r n s s °d at. this meeting because of N N 6ertlNN with see shoulidd oaact Jim Dan at M7-5134518 or do Statutes, will reglste aim the Div,- for the objections. recommendatlonftlecislon ma-8 by the a disability or phy I r mac' of Hw Ronda plalaodo edema sten of Carporatlorm, department of Local Planning Agency with respect to should contact the Office at moll o S ober, FL State, State of Fiortao sir receipt d Rs JFABtk s000ss Exams swims any matter considered of this meeting, 407) 382 at east Save calendar , ar t , d F MS � ere Dad- . COR1075542 7/4,77/4,7/1V21:80 roof of the publication of this notice, you will need a record of the Proceed- Ys Prior to INC meeting. Belk '" ell sees fir fictitious home 1 Care P. old EliseaTnls licy is mended Inge and uch aurpoasa, Each rson who d I Ided to apps a wwomwoman N NI N s For a co plefe listing of x Pool & Lawn Care Serlvices to r� any foreign ppoo excha a afar FP to ensure s fha a verbatlm d gc q i at 56 � � out contact m an current active formal solid. Eva 0 nder which (I am) (we are) engaged dent program to be connived the oat the Ines s made upon which am act taken at INC.. meetings Is rrahmt t'3uu taNars and addenda for the • n business at -333 West Mgrion Ave., US partme t of Shut t pro , vtsed hat person wi need o record brosfieldgor e.com for oddifion City oWinter Pant, v it hat (party) ( te 19 Edgewoter, FL 72732 p 8 pod on M ae eaves s y may p �Q Me Parties) nterested DIET ICOUnc�l !n a ael) Advisory Inter• are mee that they may with r sp at toy, t proceed and that ensure that according- al information, nations @dueational Trawl) Advisory the meeting and be Heard with respect Iv, er person may need o ensuro tfw our We site at http :// In said business enterprise a as fol. List of Edducational Travel r Ex- to the propo is mode, including the testimony and opo ordinances. • a verbatim rwcerd of the proceedings COR1074315 6 mr 24 - 7/72010 www,cifyofwlnterpark -erg/ Progra and require ai p �rcp�Inpa. It is the ode re- obal Dv�rslties LLC roilment In art n courses. / CSE10 /syys . noon) evidence upon which such appeal is to 11/61111i 11/61111i cI i.. Gl Mdpel D As itIes Mnl„etn rn.,..t rn z n - G2 I SllminOL Extra 1 Orlando Sentinel Thursday, Juty 1S, 2010 SE Sendnole County, Florida ` J " — -- ,. = _ NOTICE OF G rill? ,► - in • PUBLIC HEARINGS TO . �� - „i; - - - - 0114 7 ` l -- ADOPT AMENDMENTS • . ,, - TO THE CITY OF --..:.. r -wk, I J X4 __ VWH4TER SPRINGS . - ' I . COMPREHENSIVE PLAN a� , 0.,... .- ' '`1 , ORDINANCE NO. 2010-18 � � • Afro '� " • �` L_ AN ORDINANCE OF THE CITY COMMISSION Shaded �„ ,,, ; �''�� OF THE CITY OF WINTER SPRINGS, • ,� M. ■� SEMiNOLE COUNTY, FLORIDA, SETTING . FORTH AMENDMENTS' TO THE CITY OF Site 01-San Pedro Center Large Scale Future Lanr4Use Map Amendment and Rezone; WINTER SP RINGS COMPREHENSIVE Diocese of Orlando, applicant; 470 acres; Large Scale Future -Land Use Map Amendment PLAN REGARDING TRANSPORTATION from LDR (Low Denalty Residential) to PD (Planned Development) and rezone from A -1 • CONCURRENCY EXCEPTION AREA AND (Agriculture) to PUD (Planned Unit Development); located on the west side of Dike Road, - TRANSPORTATION MOBILITY STRATEGIES; between Howell Branch Road and Red Bug Lake Road. LZ2009- 034/09FLU.01); District 1 - PROVIDING FOR THE REPEAL OF PRIOR Dalian; Brian Walker, Senior Planner. The BCC is proposing to enact ordinances with the following titles: AN • ORDINANCE AMENDING.. ...THE .. SEMINOLE COUNTY INCONSISTENT. ORDINANCES AND 'COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION RESOLUTIONS; INCORPORATION INTO THE OF CERTAIN PROPERTIES BY VIRTUE OF- A LARGE SCALE DEVELOPMENT COMPREHENSIVE PLAN; LEGAL STATUS OF AMENDMENT; PROVIDING FOR LEGISLATIVE -.FINDINGS; - PROVIDING_ FOR THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE SEVERABiLITY; AND AN EFFECTIVE DATE. DATE. AN ORDINANCE iICMI:NDING, PURSUANT TO THE LAND DEVELOPMENT CODE OF SEMINOLE COUNTY, THE ZONING CLASSIFICATIONS ASSIGNED TO ORDINANCE NO. 2010 -20 CERTAIN PROPERTY LOCATED IN SEMINOLE ,COUNTY (LENGTHY LEGAL DESCRIPTION ATTACHED AS EXHIBiT); ASSIGNING CERTAIN PROPERTY AN ORDINANCE OF'THE CITY COMMISSION CURRENTLY ASSIGNED THE A -1 (AGRICULTURE) ZONING CLASSIFICATION THE OF THE CITY OF WINTER SPRINGS, PUD (PLANNED UNIT DEVELOPMENT) ZONING CLASSIFICATION; PROVIDING FOR SEMINOLE COUNTY, FLORIDA, SETTING LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR . FORTH AMENDMENTS TO THE CITY OF EXCLUSION FROM CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WINTER SPRINGS COMPREHENSIVE PLAN Site #2- Richmond Commerce Center Large Scale Future Land Use Map Amendment REGARDING THE GAEENWAY INTERCHANGE and Rezone; Hugh Harting, applicant; 32.6 acres; Large Scale Future Land Use Map DISTRICT; PROVIDING FOR THE REPEAL OF Amendment from IND (Industrial) to HIP -AP (Higher Intensity Planned Development- PRIOR INCONSISTENT ORDINANCES AND Airport). and rezone -2199 acres from A -1 (Agriculture) to PUD (Planned Unit Development), RESOLUTIONS; INCORPORATION INTO THE located southwest of the intersection of SR 46. and Richmond Avenue. (Z2009- COMPREHENSIVE PLAN; LEGAL STATUS OF Z6/0901...U.02);- District 5 - Carey; ian Sikonia; Senior Planner. The BCC is proposing to THE COMPREHENSIVE PLAN AMENDMENTS; enad ordinances with the following titles: AN ORDINANCE AMENDING THE SEMINOLE SEVERABILITY; AND AN EFFECTIVE DATE. COUNTY_ COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP • DESIGNATION OF CERTAIN PROPERTIES BY VIRTUE OF A LARGE SCALE DEVELOPMENT AMENDMENT; PROVIDING FOR LEGISLATIVE FINDINGS; • PUBLIC HEARINGS PROVIDING FOR SEVERABIUTY; PROVIDING FOR CODIFICATION; AND PROVIDING - WILL BE HELD ON AN EFFECTIVE DATE ' AN ORDINANCE AMENDING, PURSUANT TO THE LAND DEVELOPMENT CODE OF SEMINOLE COUNTY, THE ZONING CLASSIFICATIONS MONDAY, JULY 26, 2010 AT 5:15 P.M. ASSIGNED TO CERTAIN PROPERTY LOCATED IN SEMINOLE COUNTY (LENGTHY OR SOON THEREAFTER LEGAL DESCRIPTION ATTACHED AS EXHIBIT); ASSIGNING CERTAIN PROPERTY IN THE COMMISSION CHAMBERS LOCATED AT CURRENTLY ASSIGNED THE A -1 (AGRICULTURE) ZONING CLASSIFICATION T-IE WINTER SPRINGS CITY HALL -PUD (PLANNED UNIT DEVELOPMENT) ZONING-CLASSIFICATION; PROVIDING FOR -LEGISLATIVE FINDINGS; ° FOR. SEVERABIUTY; PROVIDING FOR 1 1126 EAST STATE ROAD 434 EXCLUSION FROM CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WINTER SPRINGS, FLORIDA The BCC, at this hearing, may also consider amendments to the goals, objectives, pollees, exhibits, tables, and related sections of any of the Elements of the SCCP. Citizens, local govemtnents, interested organizations, and other entitles are encouraged 'to appear at this The proposed amendments and ordinances may be obtained Interested parties between 8 a.m. and 5 pi d at Monday hearing and present regarding the proposed amendments and associated rezonings in through procedures used the BCC, or submit written comments to E. ta Friday, at the Chan r Sa d s. F located at 11 more accordance with the graced by E. State Road 434: Winter Springs. Florida' For more plandeskefiseminolecountvfl.00v, at the Seminole County Planning and Developrent Division information, call (407) 327 -1800 #227. Interested parties Office, 1101 East First Street, Sanford, FL 32771. Room 2028, telephone 407-66 5-7371; FAX may submit written or oral comments of the proposal before 407-685-7385. Staff forwards public comments to the BCC for consideration at the public or ar the public hearings. Persons with disabiltles needing hearing. Additional information regarding these amendments and associated rezo ings, asalatance to participate In•any of these proceedings should s ordinances, and any comments received, are available for public review at the address above contact the Employee Relations Department Coordinator, 48 between the-hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, etedirding holidays. The hours advance a the meeting res at (407) A27-1800, advised-that #23a. _ BCC may_cmintiiiue hearings from time -to-time as found necessary. Mesons with disabilities These are public p appear themeeting Interested parties be heard with respect needing assistance to participate in' any of these proceedings should contact the County's t the may amendments. 11 you decide to appeal any Human Resources Department ADA Coordinator 48 hours in advance of the hearing at 407- recommendalton or decision made by the Clty Commission 665.7941. Persons are adylsed that if they decide to appeal any decisions made at this hearing, with reaped to any Matter considered at this meeting, you will they wil need a record of the proceedings, and for such purpose they may need to ensure a need a record of the proceedings, and tor such purpose', you verbatim record of the proceedings Is made, which record Includes the testimony and evidence ' may need te ensure that e verbatim record of the proceedings p upon which the apReaI is based (Florida Statutes, Section 288.0105). Is made upon which the appeal Is based. • G2 1 Seminole olle Extra I Orlando Sentinel Thursday, October 14,'201O • • . L . I V r H AT Fall Festival: 9 a.m.-3 p.m. Community' by honoring The r� Nov. 6; Oviedo Presbyterian Orlando Magic with the presen- NOTICE O F PUBLIC HEARINGS Continued from Church, 2400 Lockwood Blvd., tation of the George Woily _ TO ADOPT AMENDMENTS Oviedo •tshow,f food booths, include arts Community by Jewish Th ere will be health On and craft show, fsented Jewish Family (blood pressure, heap . barbecue, and local entertain- Services of Greater Orlando. TO THE CITY OF sugar), exhibits, gifts a ment. Admission is free. 407- $175.407 - 995 -1100. Ings. Free. 407-6 366-2544. "Hoocwi forthe Arts" WINTER SPRINGS Get Fit a m• Fundraisers barbecue and casino . a.m. Saturdays througi,' . night 6 -10.30 p.m. Oct. 30; COMPREHENSIVE PLAN Central Park, 142 W: L4.55 seminot CyCIefest: Seminole Harley- Davidson Ave, Lake Mary. Boot 49- Oct. i7; David's World Cycle, Buell, 620 Hklcman Cycle, ORDINANCE NO. 2010-18 Zumba begins at a.ri 1201 S. International Parkway, Sanford. The Seminole Cultural AN ORDINANCE OF THE CITY COMMISSION OF THE CITY dass.407- 619 -4246• iic Lake Mary. The recreational • Arts Council will auction off Shine a tight or. bicycle ride through Seminole more than 25 original masks OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, Cancer Vigil: 783 oo, County, which will benefit area created by local artists, such as SETTING FORTH AMENDMENTS TO THE CITY OF • Nov.4; Woman's Club wounded veteransthrough the Rae Marie, Mindy Colton and WINTER SPRINGS COMPREHENSIVE PLAN REGARDING berry, 251 OverbrookI Ride2Recovery of Florida Cherie Dacko arid community TRANSPORTATION CONCURRENCY EXCEPTION AREA Casseiberry• Join volurbe rehabiiitation program, Is leaders, indudingSeminole raise awareness and sV ree. supported by the American County•Sheriff Don Eslinger. AND TRANSPORTATION MOBILITY • STRATEGIES; a cure for lung cancer. Legion Auxiliary Department of There will also be live music, PROVIDING FOR THE REPEAL OFPRIOR INCONSISTENT 407-695-0042• is Florida andtheseminole silent auction, raffles and casino • ORDINANCES AND RESOLUTIONS; INCORPORATION . Classes m, • County Sheriffs Office. Escorted games, Proceeds help support 4; by the Seminole County Sher- cultural arts in Seminole INTO THE COMPREHENSIVE PLAN; LEGAL STATUS • Boating ifs deputies, cyclist of all ages County. 525.407- 328 -1212. OF THE COMPREHENSIVE PLAN AMENDMENTS; p.m. Oct. 16;Seminol , can test themselves with either Golftournartent:1p.m. - SEVERABILITY; AND AN EFFECTIVE DATE. • Sheriff's Department, ni- a 24 or 58 mile route that will Nov. 5; Magnolia Plantation Blvd, Sanford. Presen er- wind through picturesque Golf Club, 600 Shadowmoss ORDINANCE NO. 2010-20 US. Coast Guard Auxi an Seminole County. Riders will Circle, Lake Mary. Proceeds will AN ORDINANCE OF THE CITY COMMISSION OF THE CITY • Flotilla 45. A Florida S leave at 830 a.m. Cost to benefit Recovery House of OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, Boaters Operators Ca "wounded warriors" is free; Central Florida, a therapeutic SETTING FORTH AMENDMENTS TO THE CITY OF WINTER issued upon succ rk- military $35 and civilians $50. community that provides tion. Registration req 407- 267 -7258. transitional housing and recov- SPRINGS COMPREHENSIVE PLAN REGARDING THE 407 -386 -7002. .K Run: Oct 23; Fort Mel- ery support services to adult GREENWAY INTERCHANGE DISTRICT; *PROVIDING FOR Freezing - IonPark, East First Street, San- men with substance abuse THE REPEAL . OF PRIOR INCONSISTENT ORDINANCES a.m.Oct. 20, 6-8 p.m. ble. ford. The Kid Fun Run will begin issues. $100Indudes prizes, AND. RESOLUTIONS; INCORPORATIQN INTO THE Seminole CountyExt at8 4 silentauctlonanddinner. Service, 250 w. Court at flt PTA programs, activities and 407 562 8180. COMPREHENSIVE PLAN; LEGAL STATUS OF THE Road,Sanford.Learn a events at Bentley Elementary. Warrior's Hope SK: a COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; freezing fresh foods, ate 525 for adults, $10 for children a.m. Nov. 61Willow Creek AND AN EFFECTIVE DATE. tion dishes and get 12 or younger.407- 330 -5697. Church, 4725 E. Lake Drive, 1 hints. Registration re Walk 9 a.m.1 p.m. Oct. 23; Winter Sprtngs.The second PUBLIC HEARINGS $10.407-665 -5553. . Cranes Roost Park,150 Cranes annual Warrior's Hope 5K will WILL BE HELD ON Drying Foods: Roost Blvd., Altamonte Springs. benefit Hope for the Warrior's. . O ct 27, 6-8 p.m. Oct. p.m. The 10th annual 'Wiggle Wag • This is a timed race and all MONDAY, OCTOBER 25, 2010 AT 5:15 P. . Pole County Extensio dist gleWalk°isa benefit for the partidpants Will receive a • OR SOON THEREAFTER 250 W. County Home . SPCA of Central Florida. There T-shirt $20 in advance, $30 day IN THE COMMISSION CHAMBERS LOCATED AT Sanford. Leam ary. will be educational pet demon- of race. 407 -699 -8211. ing herbs and product stations, interactive contests Fashion show and WINTER SPRINGS CITY HALL how to make your o and give-a-ways. $25 in luncheon: noonNov.13; rolls. Registration req II- pledges per adult, $10 for • Sanford Shrine Club, 104 Lee 1126 EAST STATE ROAD 434 . 407 -665 -5553. . in- children 12 or younger. 407- Ave., Sanford. Doors open at 11 WINTER SPRINGS, FLORIDA • Reptile • =• ke 571 -8863. a.m. There will be door prizes. ' p.m. Oct. 27; Central - - Dinner Gala: 7 -11 p.m. 510.407.462 -9852. The proposed amendments and ordinances may be Zoo and Botanical Ga 'le • Oct. 23; Maison &Jardin, 430 Fashion show: 11 am obtained by interested parties between .8 a.m. and 5 3755 NW Highway 17 '•, • • South Wymore Road, Alta- Nov.15; Lake Mary Events p.m., Monday through Friday, at the City's Clerk's Office, Sanford. Presented • monte Springs. United People Center, 260 N. Country Club located at 1126 E. State Road 434, Winter S vin 8 o 1Ogy � ' t In Christ 12th annual event is a Road, Lake Ma ry. St. Therese of P g • • class is designed for • benefit to assist needy a the Little Flowe Grde of An- Florida. For more information, call (407) 327 -1800 #227. and intermediate - • , uis� 'afflicted Christians in the Mid- nunciation Catholk Church's Interested parties may submit written or oral comments ers or anyone consid = St, die EastThere wilibe a goer- 24th annual event will benefit . on the proposal before or at the public hearings. Persons gang a reptile as a • - met dinner, raffle, door prizes, local charities. There will be with disabilities needing assistance to artlCi ate in program will include raft silent auction, dancing and door and raffle prizes, a silent g P P tion on making a r- • • entertainment. Guest speaker auction, a money tree and a any of these proceedings should contact the Employee choke when choosi • will be Pastor Usama K. Dakdok 50/50 raffle. Reservation dead - Relations Department 'Coordinator, 48 hours in advance such as health issues, Reservations required. $50 for line is Nov.4. $2& 407 -445- of the meeting at (407) 327.1800, #236. These are ry, feeding, and end adults, $25 for children, 407- 8528. public hearings. interested parties are advised that they - up.Regimation • = 862-0107. Go 830 $1 o for members, $1 ' .IFS 2010 iEve of a.m. Nov. 20; Mayfair Co untry may appear at the meeting and be heard with respect members. 407-323 • • • Vador:5 p.m. Oct. 24; Orlando Club, 3536 Country Club Road, to the proposed amendments. If you decide to appeal ' 123. - Marriott Lake Mary, 1501 Inter- Sanford Sponsored by The a recommendation • or decision made by the City Cood a national Parkway, Lake Mary. Daubach Foundation Inc, • Commission with respect to. any matter considered at p.m. Nov. 9; Seminol .- The evening includes hors dedicated to improving the • P Y Extens S 2 ic, . d a s auction, a lives of ALS patients and their this meeting, you will need a record of the proceedings, County Home Road, . raffle, and dinner. The theme • and for such purposes, you may need to ensure that a Practice the basks of - will celebrate the `Magic of Please turn to Page G4 • verbatim record of the proceedings is made upon which for a healthy holiday . . the appeal is based, .. • _- ,I1 i ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA APPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JULY 14, 2010 (RESCHEDULED FROM JULY 7, 2010) CALL TO ORDER The Regular Meeting of Wednesday, July 14, 2010 of the Planning And Zoning Board/Local Planning Agency (Rescheduled from July 7, 2010) was called to Order at 7:00 p.m. by Chairman Charles Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Charles Lacey, present Vice Chairman William H. Poe, absent Board Member Howard Casman, present Board Member Robert Heatwole, present Board Member Rosanne Karr, present A moment of silence preceded the Pledge of Allegiance. Chairman Lacey noted, "We will have Reports before Public Input — and then when we get through the main Agenda, Randy (Stevenson, ASLA, AICP, Director, Community Development Department) has some information for us regarding process improvement that relates back to our discussion of — two (2) months ago where we had some recommendations for the City Commission about how this Board could be more effectively used." INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA APPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JULY 14, 2010 (RESCHEDULED FROM JULY 7, 2010) PAGE 7OF10 Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of this Agenda Item. "I WILL MAKE THE MOTION THAT BASED ON OUR PUBLIC HEARING TONIGHT WE MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION FOR ORDINANCE 2010 -18 AMENDING PORTIONS OF THE CITY'S COMPREHENSIVE PLAN TO IDENTIFY MOBILITY STRATEGIES AND TO DESIGNATE A TRANSPORTATION CONCURRENCY EXCEPTION AREA OVER THE ENTIRE CITY AND LEAVING THE OPTION OPEN THAT IF WE HAVE QUESTIONS BETWEEN NOW AND THE 26 (JULY 2010) WE SHOULD SUBMIT THEM TO YOU." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER HEATWOLE. VOTE: BOARD MEMBER CASMAN: AYE BOARD MEMBER KARR: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department Planning - plannintDivision Requests That The legal Planning , ►Reny Hold A Pub& Public Hearing For Consideration Of Ortlinan ce 2010 -20, ding The Cen1Prell nsiv r+ Plan Related To The GreeneWay`Interellange, lliieitict (tap). Ms. Sahlstrom presented this Agenda Item and stated, "The Attorney felt that we needed to separate this from the other because the other one dealt with Mobility. This item really is talking about the Residential portion of the GreeneWay Interchange District and as I mentioned in the Agenda Item, it was brought to the attention of Staff by discussions with the — primary property owner that they may need some tweaks to a few of the policies to give better flexibility." Discussion. Mr. Stevenson stated, "We did want to make it a Conditional Use. We did want to limit it to Vertically Integrated. We have allowed up to seventy-five percent (75 %) of any one building to try to be flexible in that area while not allowing a one hundred percent (100 %) residential building or a one hundred percent (100 %) residential community because we do not think that is the intent of our GID ( GreeneWay Interchange District). CITY OF WINTER SPRINGS, FLORIDA APPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JULY 14, 2010 (RESCHEDULED FROM JULY 7, 2010) PAGE 8 OF 10 But, there was a request to allow certain incidental Residential Uses associated with the primary use and that is where we want to go with this at this point in time. Again, this would all have to be detailed more in the Code but this is the basic framework for Residential in the GID (GreeneWay Interchange District)." Referencing the Future Land Use Policy, Ms. Sahlstrom stated, "The other item — we are adding a line to is Policy 3.2.4 Intensity and Building Height just saying that `Ancillary buildings may be excluded from the two story minimum by action of the City Commission'." Discussion. Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of this Agenda Item. "I MOVE THAT WE RECOMMEND TO THE CITY COMMISSION BASED ON THIS PUBLIC HEARING, WE FAVORABLY RECOMMEND TO THE CITY COMMISSION ORDINANCE 2010 -20 AMENDING THE FUTURE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN RELATED TO THE GREENEWAY INTERCHANGE DISTRICT INCORPORATING THE CHANGES THAT WAS VERBALLY MENTIONED IN THIS HEARING." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER HEATWOLE. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER HEATWOLE; AYE MOTION CARRIED. In other City business, Deputy City Clerk Joan Brown reminded the Board Members of the Town Hall Meeting on Monday, July 19, 2010 at 7:00 p.m. at City Hall. Discussion ensued on the responsibilities and duties of the Planning and Zoning Board/Local Planning Agency and suggested changes to the Application and Review Process. ATTACHMENT C ORDINANCE 2010 -20 AN ORDINANCE OF THE CITY COMMISSION OF '1'IIIC CITY OF WINTER SPRINGS, SEMINOLE COUNTY FLORIDA, SETTING FORTH AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN REGARDING THE GREENWAY INTERCHANGE DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, certain textual amendments to the Future Land Use Element related to the Greeneway Interchange District (GID) are required to better implement the goals of SeminoleWAY and the East Central Florida Regional Planning Council; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on July 14, 2010, 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 • WHEREAS, the Local Planning Agency recommended the City Commission adopt the large scale comprehensive plan text amendment; 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; and 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 City of winter Springs Ordinance 2010 -20 Page 1 of 3 Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3167 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt the large scale comprehensive plan text amendment set forth herein revising and updating the Future Land Use Element as it relates to the Greeneway Interchange District to better implement the goals of SeminoleWAY and the East Central Florida Regional Planning Council. Section 4. Adoption of Large Scale Comprehensive Plan Text Amendment. The City Commission of the City of Winter Springs hereby amends the Future Land Use Element of the City's Comprehensive Plan as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from the Ordinance of text existing in the Future Land Use Element. It is intended that the text in the Future Land Use Element denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): * ** Policy 3.2.2 Residential Use Limitations. Prohibit residential except as a conditional use, incidental to other GID uses set forth in Policy 3.2.1. Residential uses shall be any-one-vertically integrated; into mixed use structures and shall not occupy more than seventy - fivepercent (75 %) of any one structure. Proposed residential uses that occupy more than twenty -five percent (25 %) of any one building must be incidental residential uses associated with a primary nonresidential use. Additionally. residential uses shall not occupy more than twenty-five percent (25 %) of the total floor area of development for any proposed phase (parking garages excluded in the calculation) approved by the City Commission. * ** Policy 3.2.4 Intensity and Building Height. Encourage higher intensity development in the GID by requiring buildings to include at least two (2) stories of occupiable space (as defined in Florida Building Code, Chapter 2) and allowing a FAR up to 1.0. Development bonuses allowing a higher FAR, may be granted based on the criteria described in Future Land Use Element, Policy 3.2.5. T e City Commission may permit principal buildings less than two (2) stories in height by conditional use pursuant to the standards set forth in the City's land development regulations. Ancillary buildings may be excluded from the two story minimum. by action of the City Commission. 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(4), Florida Statutes, and Section 9J -11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent City of Winter Springs Ordinance 2010 -20 Page 2 of 3 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. 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 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 , 2010. 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 Transmittal Hearing: July 26, 2010 Adoption Hearing: Effective Date: City of Winter Springs Ordinance 2010 -20 Page 3 of 3 ORDINANCE 2010 -20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY FLORIDA, SETTING FORTH AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN REGARDING THE GREENWAY INTERCHANGE DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, certain textual amendments to the Future Land Use Element related to the Greeneway Interchange District (GID) are required to better implement the goals of SeminoleWAY and the East Central Florida Regional Planning Council; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on July 14, 2010, 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 WHEREAS, the Local Planning Agency recommended the City Commission adopt the large scale comprehensive plan text amendment; 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; and 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 City of Winter Springs Ordinance 2010 -20 Page 1 of 3 Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3167 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt the large scale comprehensive plan text amendment set forth herein revising and updating the Future Land Use Element as it relates to the Greeneway Interchange District to better implement the goals of SeminoleWAY and the East Central Florida Regional Planning Council. Section 4. Adoption of Large Scale Comprehensive Plan Text Amendment. The City Commission of the City of Winter Springs hereby amends the Future Land Use Element of the City's Comprehensive Plan as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Future Land Use Element. It is intended that the text in the Future Land Use Element denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): * ** Policy 3.2.2 Residential Use Limitations. Prohibit residential except as a conditional use, incidental to other GID uses set forth in Policy 3.2.1. Residential uses shall be . . • • ' • • . vertically integrated; into mixed use structures and shall not occupy more than seventy -five percent (75 %) of any one structure. Proposed residential uses that occupy more than twenty -five percent (25 %) of any one building must be incidental residential uses associated with a primary nonresidential use. Additionally, residential uses shall not occupy more than twenty -five percent (25 %) of the total floor area of development for any proposed phase (parking garages excluded in the calculation) approved by the City Commission. * ** Policy 3.2.4 Intensity and Building Height. Encourage higher intensity development in the GID by requiring buildings to include at least two (2) stories of occupiable space (as defined in Florida Building Code, Chapter 2) and allowing a FAR up to 1.0. Development bonuses allowing a higher FAR, may be granted based on the criteria described in Future Land Use Element, Policy 3.2.5. The City Commission may permit principal buildings less than two (2) stories in height by conditional use pursuant to the standards set forth in the City's land development regulations. Ancillary buildings may be excluded from the two story minimum, by action of the City Commission. 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(4), Florida Statutes, and Section 9J -11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent City of Winter Springs Ordinance 2010 -20 Page 2 of 3 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. 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 Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 25th day of October, 2010. "pc ' JO; F. BUSH, ayor : ATT • . A 1 10 AW LORENZO - LUACES Ci Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FO E CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney Transmittal Hearing: July 26, 2010 Adoption Hearing: October 25, 2010 Effective Date: See Section 8. City of Winter Springs Ordinance 2010 -20 Page 3 of 3