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HomeMy WebLinkAbout2012 11 07 Public Hearing 500 Ordinance 2012-13, Future land use change of 40 acres near GreeneWay District LOCAL PLANNING AGENCY AGENDA ITEM 500 Consent Information Public Hearing X Regular November 7, 2012 Meeting REQUEST: The Community Development Department — Planning Division requests that the Local Planning Agency hold a Public Hearing to consider an Expedited State Review, CPA-2012-02-ESR (Ordinance 2012-13), changing the Future Land Use Map designation from "Mixed Use" and "Conservation Overlay" to "Greeneway Interchange District" and "Conservation Overlay" (on those affected areas) for the forty (40) acres, more or less, located on east S.R. 434, immediately north of Creeks Run Way. PURPOSE: The City of Winter Springs has initiated the request for an Expedited State Review, Future Land Use Map Amendment, changing the Future Land Use Map designation for the 40-acre, more or less, parcel located on East S.R. 434, in order to reinstate the previous Future Land Use Map designation of Greeneway Interchange District (GID) on the property which was approved when the Greeneway Interchange District was originally created in 1999. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan; Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Florida Statute 163.3184 (3) & (5) Expedited State Review Amendment Process; November 7,2012 Public Hearing Agenda Item 500 Page 12 Winter Springs Charter Section 4.15 Ordinances in General; Winter Springs Article III. Comprehensive Plan Amendments; Section 15-30. Authority,purpose and intent; Section 15-35. Review Procedure; 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 Economic Opportunity. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: 8/16/99 - Adoption of Comprehensive Plan text and maps, creating the Greeneway Interchange District Future Land Use designation; and changing the subject property from the previous future land use designation of "Commercial" and "Conservation". 9/04 - ICI Homes, Charlie 0' Sullivan, initiated a Large Scale Future Land Use Map Amendment, changing the Future Land Use Map designation from "Greeneway Interchange District" to "Mixed-Use" and "Conservation". 10/25/04 City Commission 1st Reading/Transmittal of Ordinance 2004-38. (a) Staff report noted "City will require a Master Plan Development Agreement and PUD zoning to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category in accordance with Future Land Use Element, Policy 4.2.4. Staff report also referenced the applicants request for 480 proposed residential condominiums and 80,000 sq. ft. of office. (b) Mr. Hugh Harling, Harling Locklin & Associates, represented applicant before City Commission. Meeting minutes reflect the following commitments: 1. '80,000 sq. ft. of Class A Office 2. Minimum four(4) story buildings on 10 acres 3. Gated 480 condominium units (minimum unit size of 1,600 sq. ft) 4. Cross connection between subject property and adjacent property owned by Ms. Margaret Casscells-Hamby 5. Existing GID design standards shall prevail; (c) City Commission Approved Transmittal/1st Reading of Ordinance 2004-38. 1/24/2005 City Commission 2nd Reading/Adoption of Ordinance 2004-38. Staff report noted "City will require a Master Plan Development Agreement and PUD zoning to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category in accordance with November 7,2012 Public Hearing Agenda Item 500 Page 13 Future Land Use Element, Policy 4.2.4.; Staff report also referenced the request for 480 proposed residential condominiums and 80,000 sq. ft. of office. (a) Mr. Hugh Harling represented applicant before City Commission. Meeting minutes reflect the following commitments: 1. 80,000 sq. ft. of Class A office at the front of the property 2. The office buildings would be a maximum fifty feet (50')tall 3. Gated 480 condominium unit community 4. Connectivity with adjacent GID to the east 5. The office and condominium product would be built in phases 6. GID design standards shall prevail. 2005 to present The proposed development project that was the basis for the previous Comprehensive Plan Amendment to"mixed use" was abandoned. August 30, 2012 Public Noticing in Orlando Sentinel of LPA Hearing September 11, 2012 P&Z (LPA) Hearing-Postponed October 3, 2012 P&Z (LPA) Hearing-Postponed October 25, 2012 Public Noticing in Orlando Sentinel of LPA Hearing November 7, 2012 P&Z (LPA) Hearing November 19, 2012 City Commission, First Reading/Transmittal CONSIDERATIONS: Applicant— City of Winter Springs, 1126 E. State Road 434. Winter Springs, Florida 32708 Location — Generally along East S.R. 434 on the western edge of the Greeneway Interchange District, immediately north of Creeks Run Way. Site Information — The 40 acre (more or less) parcel previously had a future land use designation of"Greenway Interchange District." However, that designation was changed to its current designation of"Mixed Use" in 2005 by the owner based on development proposal that was later abandoned. The existing "Mixed Use" Future Land Use Map designation is not consistent with FLUE Policy 4.2.4, which requires a Master Plan, Development Agreement, and Planned Unit Development zoning on all property having a "Mixed Use" Future Land Use designation in order to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category. Amending the future land use designation back to "Greeneway Interchange District" will correct the aforementioned inconsistency. PARCEL Property Address: No Physical Address Property Owner: Intervest Condos of Orlando INC. Applicant Address: City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 327081 November 7,2012 Public Hearing Agenda Item 500 Page 14 Property Appraiser Parcel I.D.: 31-20-31-5BB-0000-0190 Property Acreage: 40 acres, more or less. Property Legal Description: LEG W 1080 FT OF LOTS 14 +21 N OF ROAD SEC 5-21-31 PHILLIP R YONGE GRANT PB 1 PG 36 Existing Zoning: "GID- Greeneway Interchange District" Current Future Land Use: Mixed Use and Conservation Proposed Future Land Use: Greeneway Interchange District and "Conservation" (on those affected areas) Chronology of Subject Property — The Greeneway Interchange Future Land Use designation was adopted on August 16, 1999. On January 24, 2005, City Commission approved Ordinance 2004-38, changing the Land Use for said property from "Greeneway Interchange District" to "Mixed Use and "Conservation" designation based on a proposed development project that was later abandoned by the owner/developer. Because of the abandonment, the requisite development permit approvals were never obtained for the property. Existing Land Uses—The property is undeveloped. It is currently used for pasture land. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Sites Undeveloped Pasture "Greeneway Mixed Use and Land Interchange Conservation Overlay District"(WS) (WS) North Undeveloped "Greeneway Greeneway Interchange Interchange and Conservation District"(WS) Overlay (WS) South Planned Unit "PUD- Medium Density Development Planned Unit Residential (WS) Dev." (WS) East Undeveloped "Greeneway Greeneway Interchange Interchange and "Conservation" District"(WS) (WS) West Conservation "C-1 Commercial, Neighborhood Conservation and Commercial" Conservation Overlay (WS) (WS) (WS)Winter Springs November 7,2012 Public Hearing Agenda Item 500 Page 15 Development Trends — This parcel was originally intended to be in the Greeneway Interchange District. However, based on developer representations presented to the City Commission in 2004/05, the City Commission approved a future land use map amendment for the property to "Mixed Use." After that approval, the proposed project was abandoned leaving the property undeveloped and with zoning and comprehensive plan inconsistencies because the developer never followed through with obtaining the requisite development permit approvals from the City. The adjacent parcels north of S.R.434 are also currently undeveloped. The land immediately to the west, although zoned as "C-1" is designated as a conservation area. The 3200-acre Tuskawilla PUD to the south of S.R. 434 was annexed into the City in 1972. There has been no development within the Greeneway Interchange District since its establishment in 1999. However, once developed, the Greeneway Interchange densities and intensities are anticipated to be higher than in outlying areas. Furthermore, the Greeneway Interchange District is intended to be a major economic development catalyst of the City with the potential for attracting target industries that create high paying jobs and provide needed services and employment opportunities, as well as associated high quality residential living opportunities under limited circumstances per FLU Policy 3.5.1. Proposed Future Land Use Classification — The proposed change in the future land use map designation from "Mixed Use" to "Greeneway Interchange District" and "Conservation Overlay" (on those affected areas) will reinstate the Greenway Interchange District designation that was originally intended for the property when that district was created in 1999. As such, the Greenway Designation for the property will assist in providing an economic catalyst for the City and will not jeopardize the integrity of the district. The proposed "Greeneway Interchange District" classification will support the goals of the Greeneway Interchange to provide employment opportunities and an increased tax base, while allowing a residential component to the development. Letters/Phone Calls In Favor Or Opposition — Staff has received five (5) phone calls in support of the proposed administrative land use amendment. To date, no calls in opposition to said amendment have been received. Staff has spoken with one (1) citizen at the counter who also supports the requested land use amendment. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation is designed to correct the current inconsistency between the existing "Mixed Use" Future Land Use designation and the current Greeneway Interchange District (GID) zoning designation. In addition, the requested future land use map designation was determined by evaluating the prevailing character of the immediate area, as well as evaluating the land use and the future goals and objectives of the City. November 7,2012 Public Hearing Agenda Item 500 Page 16 Public Facilities: ROADS/TRAFFIC CIRCULATION: State Road 434 contains four lanes and has easy access to the S.R. 417 beltway and S.R. 17-92. Availability of Access: The site has direct access from SR 434. Access to SR 417/Greeneway is less than a mile to the east. Connectivity to future development to the east (into the Greeneway Interchange District)will be preserved for vehicular and pedestrian circulation. Function Classification: SR 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within the City of Winter Springs, S.R. 434 is a four-lane east-west divided roadway. The level of service (LOS)is `B' from Tuskawilla Road to the Greeneway. POTABLE WATER: Facilities serving the parcels: None currently. The subject parcel will connect to a water main, west of the property. Service lines will be required to meet City of Winter Springs standards. WASTEWATER Facilities serving the parcels: None currently. The subject parcel will connect to City sewer service, west of the property. Service lines will be required to meet City of Winter Springs standards. RECLAIMED WATER: Facilities serving the parcels: None currently. ELECTRIC SERVICE: Facilities serving the parcels: None currently. The City of Winter Springs is serviced by Progress Energy for electric service. Progress Energy will provide service to this area, with no interruption of service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the parcels: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Services of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. The stormwater management system will meet St. John's River Water Management District, F.D.O.T., and City of Winter Springs' requirements. Stormwater runoff will be November 7,2012 Public Hearing Agenda Item 500 Page 17 collected via street inlets and directed to the proposed stormwater pond from which it can be discharged through outfall structures as required. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject area is located at 300 N. Moss Road. Response times are averaged monthly. FIRE: Seminole County is responsible for fire protection. City Hall currently houses a fire station with a response time of 3- 4 minutes to this area. Nuisance Potential Of Proposed Use To Surrounding Land Uses: The change in designation from "Mixed Use" to "Greeneway Interchange District" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Greeneway Interchange" uses, and the subject property is surrounded primarily by vacant land. Natural Resources Compatibility: The subject property includes a conservation area on the northwest portion of the site. Because the subject property is within the conservation overlay, an environmental impact study will be required during development review to determine exact boundaries of conservation areas. The conservation area indicated on the northwest portion of the site is in keeping with one of the primary objectives of the "Greeneway Interchange District" classification, which is to include a conservation component within the development. SOILS The parcel consists primarily of Myakka and EauGallie fine sands. These soils are characterized by severe restrictions for wetness. They are nearly level, and poorly drained. Other dominant soils within the surrounding area are St. Johns and Basinger. These soils are also characterized by severe restrictions for wetness. Smyrna soils are characterized by severe restrictions due to ponding, and are located in the conservation overlay area of the site. FLOOD PRONE AREAS The northwest portion of the property area is located within Flood Zone AE, with a base flood elevation of 10. This portion of the site will be placed into a conservation easement. HISTORIC RESOURCES None. WILDLIFE The conservation overlay area indicates that the site may potentially contain protected wildlife habitat areas, in addition to hydraulic soils/wetlands and special vegetative communities. November 7,2012 Public Hearing Agenda Item 500 Page 18 Future Land Use Element The location of the Greeneway Interchange District is "to be in close proximity to the Central Florida Greeneway (State Road 417)" (FLUE Objective 3.1). The subject area is currently on the outlying western perimeter of the Greeneway Interchange District because it was removed from the District in 2005 based on a proposed development project that was abandoned. Therefore, the proposed Future Land Use change from "Mixed Use" to "Greeneway Interchange District" and "Conservation Overlay" (on those affected areas) is consistent with the original Greeneway Interchange District designation that was placed on the property when the District was originally created in 1999. Therefore, reinstating the Greeneway Interchange District designation will not undermine the objectives of the Greeneway as defined in the Comprehensive Plan. The Greeneway Interchange District is designed as a mixed-use category which combines a strategy to attract higher density residential and commercial enterprises oriented toward a major transportation nexus of an expressway and arterial road and minimize urban sprawl. This intent will be maintained within the "Greeneway Interchange District" classification, as the office and high density residential development will foster shorter commutes, easing traffic burdens and helping to contain sprawl. The location of the subject site (with direct access to S.R.434 and in close proximity to S.R. 417/Greeneway) complies with FLUE Policy 1.6.4 which states, "Land uses that generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems". The property is not in compliance with FLUE Policy 4.2.4, which requires a Master Plan, Development Agreement, and Planned Unit Development zoning on all property having a "Mixed Use" Future Land Use designation in order to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category The site is illustrated in the Comprehensive Plan as having a Conservation Overlay. An Environmental Impact Study will be required to identify the extent of conservation area and the impact of development (FLUE Policy 1.1.8.). This study will be undertaken by a qualified professional at the expense of the developer, and will depict the exact boundaries of the conservation area. Results will be analyzed by staff during the development review. Transportation Element "The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element to enhance the feasibility of transit and promote alternative transportation modes" (TE Policy 1.5.7). The "Greeneway Interchange District" classification will foster an environment of connectivity. Plans for development will comply with parking concerns, access to transit centers, and designated routes for both pedestrian and bicycle circulation. November 7,2012 Public Hearing Agenda Item 500 Page 19 Conservation Element The same criteria apply for both the "Greeneway Interchange District" and the "Mixed Use" classifications. CONSISTENCY WITH THE CODE OF ORDINANCES Section 15-36. Review Criteria Staff finds the proposed comprehensive plan amendment changing the Future Land Use Map designation from "Mixed Use" and "Conservation Overlay" to "Greeneway Interchange District" and "Conservation Overlay" is consistent with the review criteria defined within Section 15-36 of the City's Code of Ordinances, which the City Commission recently updated,per Ordinance 2012-16, as follows: The recommendation of the staff review is based on the following minimum factors, where applicable: (1) The proposed amendment will have a favorable effect on the city's budget, and the economy of the city or the region. The proposed amendment could serve as a greater future economic catalyst for the City in accordance with the Future Land Use Element, Goal 3 and related objectives and policies of the City's Comprehensive Plan. Further, the amendment could facilitate the future development on the property because it will correct an inconsistency with the existing "Greeneway Interchange District" zoning designation and "Mixed Use" Future Land Use Map designation which resulted when the previously proposed development project was abandoned; (2) The proposed amendment will not diminish or negatively impact_the level of service (LOS) of public facilities. "The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element to enhance the feasibility of transit and promote alternative transportation modes" (TE Policy 1.5.7). The"Greeneway Interchange District" classification will foster an environment of connectivity. Plans for development shall comply with parking concerns, access to transit centers, and designated routes for both pedestrian and bicycle circulation; (3) There will not be an 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 standards called out within the Conservation Element apply to both the "Greeneway Interchange District" and the "Mixed Use" Future Land Use Map designations; (4) 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 Strategic_Regional Policy Plan, as amended from time to time; November 7,2012 Public Hearing Agenda Item 500 Page 110 (5) The city is able to provide adequate service from public facilities to the affected property, if the proposed amendment is granted, and the proposed amendment will promote the cost/effective use of or unduly burden public facilities; (6) The proposed amendment is compatible with surrounding neighborhoods and land use. The amendment reinstates the previous Future Land Use Map designation of Greeneway Interchange District (GID) on property which was approved when the Greeneway Interchange District was originally created in 1999; (7) The approval of the proposed amendment will not cause the comprehensive plan to be internally inconsistent. The 40 acre (more or less) parcel previously had a future land use designation of "Greenway Interchange District." However, that designation was changed to its current designation of "Mixed Use" in 2005 by the owner based on development proposal that was later abandoned. The "Mixed Use" future land use designation is currently inconsistent with FLU Policy 4.2.4. Amending the future land use designation back to "Greeneway Interchange District" will correct the aforementioned inconsistency; (8) The proposed amendment will not promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The proposed amendment is consistent and in compliance with law; and (11) The proposed amendment is consistent, and not in conflict, with the legislative policy directives established by the city commission including, but not limited to, those set forth in the city's comprehensive plan and city code, adopted master plans, economic development goals and objectives, community redevelopment plans, and brownfield areas. FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. The request resolves an existing inconsistency between the existing "Mixed Use" Future Land Use Map designation and the current Greeneway Interchange District (GID) zoning designation as defined within Future Land Use Element, Policy 4.2.4. 4. The following commitments from the applicant were approved by City Commission on January 24, 05 and have yet to be satisfied: November 7,2012 Public Hearing Agenda Item 500 Page 111 • City will require a Master Plan Development Agreement and PUD zoning to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category in accordance with Future Land Use Element, Policy 4.2.4 • Concept Plan and commitments made by the applicant, Mr. Hugh Harling, reflect the following: 1. 80,000 sq. ft. of Class A office at the front of the property. 2. Office buildings shall be a maximum fifty feet(50')tall. 3. 480 unit gated condominium community. 4. Connectivity with adjacent GID property to the east. 5. Office and condominium product would be built in phases; and GID design standards shall prevail. 5. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation 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. 6. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Administrative Code. FISCAL IMPACT: The amendment is not expected to have any negative fiscal impact. To the contrary, staff feels that the administrative land use amendment will reinstate the Greeneway Interchange District designation that was originally on the property when the Greeneway Interchange District was created, and this could serve as a greater future economic catalyst for the City in accordance with the Future Land Use Element, Goal 3 and related objectives and policies of the City's Comprehensive Plan. Further, the amendment could facilitate the future development on the property because it will correct an inconsistency with the existing "Greeneway Interchange District" zoning designation which resulted when the previously proposed development project was abandoned. COMMUNICATION EFFORTS: Local Planning Agency Agenda Items are posted in City Hall and posted on City's Website 1. August 30, 2012 Public Noticing in Orlando Sentinel (10 days prior to LPA) 2. September 11, 2012 Local Planning Agency/Planning&Zoning Board-Postponed 3. October 3,2012 Local Planning Agency/Planning&Zoning Board—Postponed 4. October 25, 2012 Public Noticing in Orlando Sentinel (10 days prior to LPA) 5. November 7, 2012 Local Planning Agency/Planning & Zoning Board November 7,2012 Public Hearing Agenda Item 500 Page 112 6. November 19, 2012 City Commission, First Reading/Transmittal STAFF RECOMMENDATION: Staff recommends that the LPA hold a Public Hearing and recommend Approval to the City Commission for First Reading/Transmittal Hearing and Adoption of Ordinance 2012-13, an Expedited State Review (Large Scale Comprehensive Plan Amendment) changing the Future Land Use Map designation of the forty (40) acre (more or less) property along East S.R. 434, from "Mixed Use" to "Greeneway Interchange District" and"Conservation Overlay" (on those affected areas). ATTACHMENTS: A- Ordinance 2012-13 with Exhibit A (Map & Legal Description) B- Public Noticing in Orlando Sentinel on October 25, 2012 C- Meeting Minutes, October 25, 2004 City Commission D- Item 403, Staff Report, October 2004 E- Meeting Minutes, January 24, 2005 City Commission F- Item 404, Staff Report, January 2005 Attachment A - Ordinance 2012-13 ORDINANCE NO. 2012-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS CPA-2012-02-ESR,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 ONE (1) PARCEL OF LAND, CONTAINING 40 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 "MIXED USE" TO "GREENWAY INTERCHANGE DISTRICT" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE STATE LAND PLANNING AGENCY; 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 Community Planning Act; 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 the subject property large scale comprehensive plan amendment (CPA-2012-02-ESR) to the State Planning Agency and other applicable agencies for their review and comment; and City of Winter Springs Ordinance No.2012-13 Page 1 of 3 Attachment A - Ordinance 2012-13 WHEREAS,the amendment adopted by this Ordinance complies with the requirements of the Community Planning 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 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 Community Planning Act, Sections 163.3184 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 amendment(CPA-2012-02-ESR)designating the subject property from "Mixed Use" to "Greenway Interchange District" and "Conservation Overlay" (on those affected areas). Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property, depicted on Exhibit "A" as "Mixed Use," to "Greenway Interchange District" and "Conservation Overlay" (on those affected areas). Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the State Land Planning Agency. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted comprehensive plan amendment to the State Planning Agency, in accordance with the Community Planning Act. 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. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment shall not become effective until 31 days after the State Planning Agency notifies the City that the plan amendment package transmitted by the City is City of Winter Springs Ordinance No.2012-13 Page 2 of 3 Attachment A - Ordinance 2012-13 complete, except, however, if the plan amendment is timely challenged, this Ordinance shall not become effective until the date a final order is issued by the State Land Planning Agency, or the date that the Administration Commission enters a final order determining the adopted plan amendment is in compliance. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. After and from the effective date of this amendment,the comprehensive plan amendment set forth herein shall amend the City of Winter 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 , 2012. Charles Lacey, 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.2012-13 Page 3 of 3 Attachment A - Ordinance 2012-13 Ordinance 2012-13 EXHIBIT `A' 71. ill '}: ,........"........:::::::........;..............;;;:e.............ee... ,.e.''' .4 lt-/..i iii Ili ....... • .• '.� 41�1J '•'.:}1..'.{;.{:1,{•..•'}.'.'.' l' !kA'.xx xFxxFk,: . . uVA .{ u.'W .▪ x fJi11L11L1111i r � �1 �I �x x :.x �ll�i 1111111111� f L ] 4' ' F _---I. �pmi Ilk .. }, K 9la! tr?!U111111 p. ..- .... . -....v.•:....,..,......,......,..•' . _� N .x/ 11:::::: ..: 911111's ���� =-.. ' .f; 1�11LIM j'r.`1` % �� 121111§1.1.4..r....i. gm �s%-sf Iff' r ;..} Q d1' •',':::' LAND USE CLASSIFICATION LEGEND Flu ral Flesld entia I industriat (i CU;Acro or i4t y Low Density Residential i'vlNed Use j1.1 NJ k.8.5£1.1•ACr.) Medium Density Residential Recreation (a.e CU is e.o CU F.a.c,a) High Density Residential Conservation (9.1 Cilia 21.0 C I lACro) Town CeRter District Public!Semi-Public pm Greene way ■ Commercial interchange Conseya#Ion Overly Attachment A - Ordinance 2012-13 Ordinance 2012-13 EXHIBIT `A' LOCATION MAP ...:.......:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: Lake Jesup r .... III Ih.\\ ..it,„:"L-.)1 m Subject ... kW& . Site N- 'I lly i fi' i•. . �_ III l f r�. 4+ �� iii - 4_� 1 nub , a <' � �F pi;: �F id., c„,0 i rl **'�1����1 �ti4�i11111 uj_i iii ill � :� � '=�NW L���Al��°r `a 1 �±mot , LEGAL DESCRIPTION LEG W 1080 FT OF LOTS 14 +21 N OF ROAD SEC 5-21-31 PHILLIP R YONGE GRANT PB 1 PG 36 sE Thursday,0ctbia�; "01Z'Qti Pci; 1 9ige /1;e�aieli YCael G5 . NOTICE OF C EIENS1VE ---"_._._. NOTICE F PUBLIC E ENT.. HEARING CITY OF WINTER SPR ... S . CITY OF WINTER ,. . .. . NOTICE IS HEREBY GIVEN THAT THE LOCAL PLANNING AGENCY AND CITY COMMISSION WILL CONSIDER: :SPRINGS ORDINANCE t4O,2012-13 NOTICE IS HEREBY GIVEN THAT ...ORDINANCE OF THE CITY COMMISSION F THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA,RELATING TO COMPREHENSIVE PLANNING;SETTING , THE CITY COMMISSION FORTH AND ADOPTING A COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS PROPOSES TO CONSIDER: CPA-2012-82-ESR,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 ONE(1)PARCEL OF LAND,CONTAINING 40;GROSS.ACRES MORE OR LESS,AND LOCATED,GENERALLY ALONG EAST STATE ORDINANCE NO 2012-16 • ROAD 434,MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT A, AN ORDINANCE OF THE CITY ATTACHED HERETO AND FULLY INCOTPORATED HEREIN.BY THIS REFERENCE,FROM MIXED USE TO GREENEWAY INTERCHANGE DISTRICT AND CONSERVATION OVERLAY COMMISSION OF THE CITY OF WINTER ON THOSE AFFECTED AREAS) PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF SPRINGS, SEMINOLE COUNTY, THE PLAN AMENDMENT;PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE STATE,' LAND PLANNING AGENCY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT FLORIDA;AMENDING CHAPTER 15, ORDINANCESAND RESOLUTIONS,SEVERABILIT AND AN EFFECTIVE DATE. PLANNING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT LOCAL PLANNING AGENCY PUBLIC HEARING ORDINANCES AND RESOLUTIONS, WILLBEHELDON: INCORPORATION INTO THE CODE, WEDNESDAY,NOVEMBER 7,2012 • . AT 5:30 PM. . . SEVERABILITY,AND AN EFFECTIVE OR SOON THEREAFTER IN THE . DATE. COMMISSION CHAMBERS LOCATED AT ' WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 PUBLIC HEARING •WINTER SPRINGS,FLORIDA FOR THIRD AND FINAL READING '" CITY COMMISSION TRANSMITtALPUBLICHEARING. WILL BE HELD ON • WILL BE HELD ON MONDAY,NOVEMBER 19,2012 MONDAY, NOVEMBER 19, 2012 ATS:ISP.M. OR SOON THEREAFIER IN THE . AT 5:155' P.M, • COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL • OR SOON THEREAFTER IN THE . . 1126 ERS1'STATE ROAD 434 COMMISSION CHAMBERS LOCATED AT. WINTER ePRINGSed by interested The proposed ordinance may be obtained by interested ponies between WINTER SPRINGS CITY HALL 8 a.m.and 5 p.m.,Monday through Friday,at the Gty's Clark's Office,located.at ` 1126 EAST STATE ROAD 434 1126 E. SR 439, Winter Springs," Florida. For more information, call WINTER SPRINGS,FLORIDA (407)327-18110#227.Persons with disabilities needing assistance to participate" in any of these proceedings should contact the Employee Relations Deportment Coordinator,48 hours in advance of the meeting at(407) 327-18E0,-#236. The proposed ordinance may be obtained by This is •a public hearing .Interested parties are advised that they may appear at the intereSted parties between 8 a.m. and 5 p.m., meeting and be heard with resped to the proposed ordinance. Monday through Friday, at the City's Clerk's Office, CE 20i2-13 AN ORDIN located at 1126 E. SR 434,Winter Springs, Florida. ORDINA For more information, call (407) 327-1800 #227. Persons with disabilities needing assistance to LOCATION MAP participate in any of these proceedings should contact the. Employee . Relations Department .,,..,:,„._ , ct . a .o Coordinator, 48 hours in advance of the meeting s . � ® a at (407) 327-1800, #236. This is a public hearing. .. !� .n ,.�, Interested parties are advised that they may °• �°° ° appear at the meeting and be heard with respect 4 `: ® ». to the proposed ordinance. If you decide to appeal �� o decision made by the.City 42 :, a any recommendation or d y y - t � ° Commission with respect to any matter considered e ,f . at this meeting, you will need a record of the „iii, ,,,>k,r4,u . proceedings,.and for such purposes,you may need �'"+R� .,-'y' to ensure that a verbatim record of the proceedings . - is made upon which the appeal is based. LEGAL DESCRIPTION' LEG W 1080 FT OF LOTS 14-t-21 N OF ROAD SEC 5-21.31 PHILIP R YONGE GRANT PB 1 PG 36 , , Attachment tiny its Commission CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING—OCTOBER 25,2004 PAGE 12 OF 28 Manager McLemore stated, "We need to withdraw it at this point in time and bring it back to you at a later date." Deputy Mayor Miller then said, "Item `402' is withdrawn from the Agenda." Manager McLemore added, "I think in doing that, that in no way indicates a waver from the direction that we are trying to move in, in terms of upgrading the Corridor." PUBLIC HEARINGS 403. Community Development Department—Planning Division Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2004-38) Changing The Future Land Use Map Designation From "GreeneWay Interchange" To "Mixed Use" And "Conservation Overlay" (On Those Affected Areas) For The Forth (40) Acres, More Or Less, Located On East S.R. (State Road) 434, Immediately Across From Creeks Run Way. Deputy Mayor Miller said, "We need a Motion to read by `Title' only." "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2004-38 by"Title" only. Ms. Sahlstrom presented information related to this Agenda Item. Commissioner McLeod spoke of public transportation for the record. Tape 3/Side B Discussion ensued on `Class A' office space. Deputy Mayor Miller opened the "Public Input"portion of the Agenda Item. Mr. Hugh Harling, P.E., Harling Locklin & Associates, 850 Courtland Street, Orlando, Florida: addressed the City Commission on behalf of ICI Homes and stated, "We have worked with your Staff We agree with the presentation that your Staff has made. Attachment tiny its Commission CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-OCTOBER 25,2004 PAGE 13 OF 28 We agree with the comments that your City Manager has made. The intent is that the front ten (10) acres would be a `Class A' office space. We have two (2) offices there; we have aligned the entryway between the two (2) offices to line up with the existing median cut and the — entrance to the subdivision across the street. We would then have a gated community." Mr. Harling continued, "The entrance would come in here. Office on both sides; gated community right here and then the condominiums around the particular — road system that would be internal to it. There would be a recreation facility for active recreation, passive recreation. The drainage for the site - if you've been out there, before [State Road] 434 was widened, it used to come in here and drain across into the creek, that direction." Furthermore, Mr. Harling noted that, "Our intent is to take the water back here — the 100 year flood elevation is a `10' which would be in this area right here. The contour that we're holding our building to is approximately `13' which represents the area above that. If you look at the hydrology of the area; the spring discharge occurs at elevation `13'; that is the elevation that discharge would come out of the ground at, under pressure in a high season water table situation." Continuing, Mr. Harling added, "Again, this would be an upscale condominium project also. ICI [Homes], when we started out, were talking about these units being a minimum of about 1,400 square feet. They came back to me and said we want to increase it by 200 square feet for the minimum, so the minimum size unit in there would be 1,600 square feet; we'll probably average higher than that. Your Fire Department and Police Department have requested that we provide a stabilized entrance that would come in and allow a secondary entrance into this area. That's what this represents; and then on the interconnectivity what we had agreed to, was that Missy Casscells (Ms. Margaret Casscells—Hamby) owns this property over here — and her family and that we would coordinate with them to provide a cross connection between these two (2) properties here so that there would be the ability for commercial frontage to be interconnected with paving. As far as a `Transit' stop, we have no problem planning that into the site, for the future when that occurs." Mr. Harling added, "We agree with Staff." Commissioner Blake said to Mr. Harling, "The office space up front — do I see two buildings there?" Mr. Harling responded, "Yes." Commissioner Blake then asked, "And those buildings are what type, size, shape — what do you envision there?" Mr. Harling noted, "We're envisioning three (3) to four (4) stories. We're envisioning that this office here would be approximately 60,000 square feet; this office would be approximately 20,000 square feet; and that they would be an upgrade of buildings that you might see — although they are older, but the Maitland Center type buildings and things of that nature. Attachment tiny Oct. n CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-OCTOBER 25,2004 PAGE 14 OF 28 They would have elevators, they would have large entryways — this doesn't do justice, but you can see right there that there is an—entryway into each one of them and then you would enter into a core area in the center where your elevators and your open space would be; and then we— set the height at fifty feet (50') maximum in an office building of this nature with twelve feet (12') between floors — you'd end up with about forty-eight feet (48') so you would end up with about four (4) stories; so I would anticipate a four (4) story building in those locations." Commissioner Blake then asked about parking, to which Mr. Harling stated, "We have parking that surrounds the building on all three (3) sides, all four (4) sides and all four (4) sides around it. The parking works — the parking ends up being one of the criteria that can be limiting. If you take a normal site— a normal site, ten (10) acres, you can get about 100,000 square feet on. You can get about 10,000 square feet per acre, with parking. In this particular site, because of some of the drainage constraints and things like that, what we have done is we have said we will get 80,000 square feet on there and have ample parking. The other thing Missy (Ms. Margaret Casscells—Hamby) and I worked on the GreeneWay Overlay — and a lot of the GreeneWay Overlay requirements that you had required - ten foot (10') parking spaces, landscaping in the parking area and things like that. So, we feel like we have gone with 8,000 square feet per acre as opposed to ten (10), which you can get in normal conditions, so you will have an upgraded landscaping and an upgraded parking area associated with this." Commissioner Blake stated, "Talking about the differences in some of the design standards that exist in the GreeneWay Interchange District, changes - going here. Do we have some sort of an Agreement Ron [McLemore], about how many of those design standards are going to carry over?" Manager McLemore noted, "Our intent was that the design standards would still prevail here. They didn't go down." Mr. Harling stated, "We do not have a problem with that and that was our understanding also." Commissioner Blake added, "That is one of those kind of things that my Attorney would probably tell me we would want to memorialize somewhere." Mr. Harling suggested, "Development Agreement?" Manager McLemore agreed and stated, "A Developer's Agreement." Commissioner Blake added, "I would just want it to be known that I would not want to see..." Manager McLemore noted, "...Reduction..." Commissioner Blake continued, "...Exactly, anything in the design standards that won't work." In discussing the proposed Condominiums, Mr. Harling explained, "They will be either three (3) or four (4) stories tall. Each unit will be individually owned by a unit owner. He will maintain the inside of that unit. Everything on the exterior of that unit will be maintained by a Condominium Association." Commissioner Blake inquired, "Will there be individual Associations for each building or one Master Association for all..." Mr. Harling said, "...There will probably end up being a Master Association with a — as an umbrella over each individual building." Attachment tiny g Minutes, Oct. 25, 04 City Commission CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-OCTOBER 25,2004 PAGE 15 OF 28 Commissioner Blake then asked Mr. Harling, "It will look much like an apartment complex?" Mr. Harling responded, "Yes it will." Commissioner Blake then inquired, "Kind of in a clustered effect here or a..." Mr. Harling replied, "...Yes, Sir." Next, Commissioner Blake said, "The buildings are anticipated to be inside where those access points go in?" Mr. Harling noted, "Yes, Sir, those are access points that would be in to — each building, and there are buildings on both sides of that circular road there." Commissioner Blake then asked, "And how many units?" Mr. Harling answered by saying, "We have 480 units total." Commissioner Blake then stated, "No parking garage?" Mr. Harling said, "That is - one of the things that we'd done in some other locations, is we have actually put one (1) parking space per unit under the buildings and then the other parking outside the buildings; so that would be something that we might strive for in this location, but again, I don't have exact Architectural Plans at this point in time." "I WILL MAKE A MOTION THAT WE EXTEND THE MEETING FOR AN HOUR." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Ms. Margaret Casscells—Hamby, 907 Old England Avenue, Winter Park, Florida: spoke on the property that her family owns. Discussion then ensued on whether a wall was necessary, and compatibility of adjoining parcels. Deputy Mayor Miller closed the "Public Input"portion of the Agenda Item. Ms. Sahlstrom stated, "On page 8 of your Agenda Item, I state there, as per the Comprehensive Plan, Transportation Element, page II-10., `The most important factors in encouraging transit use are mixed land uses and an urban form. Connectivity to future development to the east will be preserved.' The plan that you see up here tonight has not been reviewed by Staff so, just so that it is clear, if we move this forward as a Comp [Comprehensive] Plan Amendment, that doesn't indicate that what is being shown here tonight is being approved although we do agree that it should be `Class A' office space that is being proposed. We are agreeing to the mix of condominiums and office space, but not to the layout that is being demonstrated." Attachment tiny its Commission CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-OCTOBER 25,2004 PAGE 16 OF 28 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ITEM `403' FOR APPROVAL." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 404. 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 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 SR (State Road) 434,West Of The Intersection At Tuskawilla Road. "MOTION TO READ ORDINANCE 2004-40 BY `TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. COMMISSIONER McLEOD MENTIONED THE SECOND BY "COMMISSIONER McGINNIS". DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: ABSTAINED DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and stated, "As you know, Commissioner McLeod has a- "Voting conflict of interest." Ms. Sahlstrom presented an overview of this Agenda Item. Deputy Mayor Miller opened the "Public Input"portion of the Agenda Item. No one spoke. Attachment D - Item 403 Staff Report, October 2004 COMMISSION AGENDA ITEM 403 Consent Information Public Hearing X Regular October 25, 2004 Meeting MGR. /i/DEPT Authorization REQUEST: The Community Development Department—Planning Division requests that the City Commision hold a Public Hearing for First Reading and Transmittal to consider a Large Scale Comprehensive Plan Amendment(Ordinance 2004-38) changing the Future Land Use Map designation from"Greeneway Interchange"to "Mixed Use" and"Conservation Overlay" (on those affected areas) for the forty (40) acres, more or less, located on east S.R. 434, immediately across from Creeks Run Way. PURPOSE: ICI Homes has initiated the request for a Large Scale Future Land Use Map Amendment, changing the Future Land Use Map designation for the 40-acre, more or less,parcel located on East S.R. 434, so that the existing vacant property can be developed into a mixed development of office and residential condominiums. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically,the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. r Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority,purpose and intent; Section 15-36. Review criteria:, Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application,the Local Planning Agency shall consider the application(s)at a Public Hearing,along with the staff review board's recommendation,and recommend that the City Commission approve,approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum,the Local Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one(1)public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Aug. 16, 1999- Adoption of Comprehensive Plan text and maps, creating the Greeneway Interchange Future Land Use designation; and changing the subject property from the previous future land use designation of"Commercial" and"Conservation". Sep. 16, 2004- Adjacent property owners within 150' notified by Certified Mail Sep. 23, 2004- Public Noticing in Orlando Sentinel of LPA Public Hearing Oct. 6, 2004- P & Z (LPA) recommended approval of Ordinance 2004-38. Oct. 14, 2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing CONSIDERATIONS: Applicant—ICI Homes (Charlie O'Sullivan), 3400 W. Osceola Pkwy. Kissimmee, Florida 34741 Location—Generally along East S.R. 434 on the western edge of the Greeneway Interchange District. Site Information—The 41 acre (more or less)parcel currently has a"Greeneway Interchange" future land use. The applicant is requesting consideration for a future land use change to "Mixed Use". PARCEL Property Address: No Physical Address Property Owner: Schrimsher Land Fund II,Ltd. Applicant Address: ICI Homes,Charlie O'Sullivan 3400 W.Osceola Pkwy. Kissimmee,FL 34741 Property Appraiser Parcel I.D.: 31-20-31-5BB-0000-0190 Property Acreage: 40 acres,more or less. Property Legal Description: LEG W 1080 FT OF LOTS 14+21 N OF ROAD SEC 5-21-31 PHILLIP R YONGE GRANT PB 1 PG 36 Existing Zoning: "GID-Greeneway Interchange District" Current Future Land Use: Greeneway Interchange Proposed Future Land Use: Mixed Use and"Conservation"(on those affected areas) Page 2 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 Chronology of Subject Property—The Greeneway Interchange Future Land Use designation was adopted on August 16, 1999. The subject parcel was included in the designation, although there was lengthy discussion as to whether this parcel should be included. The parcel previously had a"Commercial" and"Conservation"designation. Existing Land Uses—The property is undeveloped. It is currently used for pasture land. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Sites Undeveloped Pasture Land "Greeneway Interchange Greeneway Interchange and District"(WS) Conservation Overlay(WS) North Undeveloped "Greeneway Greeneway Interchange and Interchange Conservation Overlay(WS) District" WS Southeast High Density Residential "PUD-Planned Commercial(WS) Unit Dev`"(WS) South Planned Unit Development "PUD-Planned Medium Density Residential Unit Dev."(WS) (WS) East Undeveloped "Greeneway Greeneway Interchange Interchange and"Conservation"(WS) District"(WS) West Conservation "C-1 Conservation and Neighborhood Conservation Overlay(WS) Commercial" (WS) (WS)Winter Springs Development Trends—This parcel along with the adjacent parcels north of S.R.434 are currently undeveloped. The land immediately to the west, although zoned as "C-1" is designated as a conservation area. The 3200-acre Tuskawilla PUD to the south of S.R. 434 was annexed into the City in 1972. There has been no development within the Greeneway Interchange District since its establishment in 1999. However, once developed, the Greeneway Interchange densities and intensities are anticipated to be higher than in outlying areas. Proposed Future Land Use Classification—The proposed change in the future land use map designation from"Greeneway Interchange"to "Mixed Use"and "Conservation Overlay" (on those affected areas) will not jeopardize the integrity of the district and will allow this parcel to develop as a transition to the Greeneway Interchange.The proposed "Mixed Use"classification will support the goals of the Greeneway Interchange to provide employment opportunities and an increased tax base, while allowing a residential component to the development. Letters/Phone Calls In Favor Or Opposition—None as of September 15, 2004. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: Page 3 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation -The requested future land use map designation was determined by evaluating the prevailing character of the immediate area, as well as evaluating the land use and the future goals and objectives of the City. The densities and intensities allowable under"Mixed Use" are the same as those afforded by "Greeneway Interchange" land use criteria. Public Facilities: ROADS/TRAFFIC CIRCULATION: State Road 434 was fairly recently widened to four lanes and has easy access to the S.R. 417 beltway and S.R. 17-92. Traffic Impact: Total proposed residential units=480 Trip Generation Rate =per category#230 Residential Condo Town homes =5.86 ADT/Unit = .54 trips/unit for PM peak hours Anticipated ADT =2,2812.8 PM Peak =259.2 Trips Anticipated Traffic Distribution: 50%Eastbound, and 50% Westbound Traffic Impact: Total SF=80,000 SF =400 employees Trip Generation Rate =per category#710 General Office AM Peak =400 employees x .71 =284 Trips PM Peak =400 employees x .71 =284 Trips Anticipated Traffic Distribution: 50%Eastbound, 50% Westbound Because the development will generate more than 300 daily trips, a traffic study will be required during development review of the project. Availability of Access: The site has direct access from SR 434. Access to SR 417/Greeneway is less than a mile to the east. Connectivity to future development to the east (into the Greeneway Interchange District)will be preserved for vehicular and pedestrian circulation. Function Classification: SR 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within the City of Winter Springs, S.R. 434 is a four-lane east-west divided roadway. The level of service (LOS) is `B' from Tuskawilla Road to the Greeneway. POTABLE WATER: Facilities serving the parcels: None currently The subject parcel will connect to a water main,west of the property. Service lines will be required to meet City of Winter Springs standards. Residential Water Demand Estimate=480 units (proposed)x 350 GPD= 168000 GPD Office Water Demand Estimate= 80,000 SF(proposed) x .10 gallon per SF= 8000 GPD Page 4 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 WASTEWATER Facilities serving the parcels: None currently The subject parcel will connect to City sewer service, west of the property. Service lines will be required to meet City of Winter Springs standards. Residential Sewer Demand Estimate=480 units (proposed)x 300 GPD = 144,000 GPD Office Sewer Demand Estimate= 80,000 SF(proposed)x .10 gallon per SF= 8,000 GPD RECLAIMED WATER: Facilities serving the parcels: None currently. ELECTRIC SERVICE: Facilities serving the parcels: None currently. The City of Winter Springs is serviced by Progress Energy for electric service. Progress Energy will provide service to this area, with no interruption of service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the parcels: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Services of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. The stormwater management system will meet St. John's River Water Management District, F.D.O.T., and City of Winter Springs' requirements. Stormwater runoff will be collected via street inlets and directed to the proposed stormwater pond from which it can be discharged through an outfall structures as required. A 36" RCP line runs along State Road 434 on the south side. Smaller 18" RCP lines extend across State Road 434. PUBLIC AMENITIES, RECREATION&OPEN SPACE: The City will require the applicant to provide"public amenities with area wide benefits" as indicated by the goals of the mixed use classification in the Comprehensive Plan. For example, buildings may be configured to create an urban plaza. The City of Winter Springs will be in discussion with the applicant as to what is most appropriate. The applicant is currently indicating that 1.5 acres of land will be designated for park and recreational amenities. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject area is located at 300 N. Moss Road. Response times are averaged monthly. Normal and Emergency Response Times for this area during the month of August were 4.5 and 1.2 minutes, respectively. FIRE: The City of Winter Springs is responsible for fire protection. City Hall currently houses a fire station with a response time of 3- 4 minutes to this area. Page 5 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 Nuisance Potential Of Proposed Use To Surrounding Land Uses— The change in designation from"Greeneway Interchange" to "Mixed Use"will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the"Greeneway Interchange" uses, and the subject property is surrounded primarily by vacant land. Natural Resources Compatibility— The subject property includes a conservation area on the northwest portion of the site. Because the subject property is within the conservation overlay, an environmental impact study will be required during development review to determine exact boundaries of conservation areas. The conservation area indicated on the northwest portion of the site is in keeping with one of the primary objectives of the"Mixed Use" classification, which is to include a conservation component within the development. The applicant has indicated that a minimum of 30% of the site will be set aside for open space (conservation). The delineation of this area will be finalized during the development review process. SOILS The parcel consists primarily of Myakka and EauGallie fine sands. These soils are characterized by severe restrictions for wetness. They are nearly level, and poorly drained. Other dominant soils within the surrounding area are St. Johns and Basinger. These soils are also characterized by severe restrictions for wetness. Smyrna soils are characterized by severe restrictions due to ponding, and are located in the conservation overlay area of the site. FLOOD PRONE AREAS The northwest portion of the property area is located within Flood Zone AE, with a base flood elevation of 10. This portion of the site will be placed into a conservation easement. HISTORIC RESOURCES None. WILDLIFE The conservation overlay area indicates that the site may potentially contain protected wildlife habitat areas, in addition to hydraulic soils/wetlands and special vegetative communities. These areas will be carefully reviewed during the development review process to determine if there are any habitat areas to be protected or mitigated. CONSISTENCY WITH THE COMPREHENSIVE PLAN Page 6 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 Future Land Use Element The location of the Greeneway Interchange area is"to be in close proximity to the Central Florida Greeneway(State Road 417)" (FLUE Objective 3.1). The subject area is on the outlying western perimeter of the Greeneway Interchange District, sufficiently removed from the primary area of concentration. Therefore, the proposed Future Land Use change from"Greeneway Interchange" to "Mixed Use" and"Conservation Overlay" (on those affected areas)will not undermine the objectives of the Greeneway as defined in the Comprehensive Plan. The Greeneway Interchange District is intended to have "higher intensity uses along major roadways and intersections to reduce development pressures in other areas, thereby minimizing the road congestion and community compatibility impacts" (FLUE pg. I-5 (#3)). This intent will be maintained within the"Mixed Use" classification, as the office and high density residential development will foster shorter commutes, easing traffic burdens and helping to contain sprawl. The location of the subject site(with direct access to S.R.434 and in close proximity to S.R. 417/Greeneway) complies with FLUE Policy 1.6.5 which states, "Land uses that generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems". Further, FLUE Objective 4.1 states "The Mixed Use category shall be located proximate to major transportation corridors..." The property is in compliance with FLUE Policies 4.2.1 and 4.2.2,meeting the minimum acreage requirement of ten acres, as well as proposing no more than seventy-five (75) percent of the site for residential use. The site is illustrated in the Comprehensive Plan as having a Conservation Overlay. The preliminary concept plan submitted by the applicant illustrates a conservation area on the northwest corner of the parcel. An Environmental Impact Study will be required to identify the extent of conservation area and the impact of development(FLUE Policy 1.1.7.). This study will be undertaken by a qualified professional at the expense of the developer, and will depict the exact boundaries of the conservation area. Results will be analyzed by staff during the development review. The City will require a Master Plan Development Agreement, and Planned Unit Development zoning to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category in accordance with FLUE policy 4.2.3. Transportation Element "The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element to enhance the feasibility of transit and promote alternative transportation modes" (TE Policy 1.5.7). The "Mixed Use" classification will foster an environment of connectivity. Plans for development will comply with parking concerns, access to transit centers, and designated routes for both pedestrian and bicycle circulation. Page 7 Attachment - Item 403 Report, October 2004 October 25, 2004 Public Hearing Item 403 A transit bus stop will be required to be incorporated into the development to accommodate the 480 proposed residential units, and will be well connected to the pedestrian circulation system. Additionally, the applicant is proposing 80,000 SF of commercial office space. All development will need to be in accordance with the maximum twelve(12) dwelling units per gross acre, and the 1.0 Floor Area Ratio allowable by Comprehensive Plan specifications for the"Mixed Use" classification. As per the Comprehensive Plan (TE pg. II-10), the most important factors in encouraging transit use are mixed land uses and an urban form. Connectivity to future development to the east will be preserved. Although 75% of the adjacent undeveloped land is within a conservation overlay area, the Mixed Use development will act as a transition to the higher intensity future uses. Conservation Element The same criteria apply for both the"Greeneway Interchange" and the "Mixed Use" classifications. FINDINGS: • The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. • The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. • Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation 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, and Rule 9J-5 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 2004-38, a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of the forty(40) acre (more or less) property along East S.R. 434, from"Greeneway Interchange"to "Mixed Use"and "Conservation Overlay" (on those affected areas). IMPLEMENTATION SCHEDULE: Page 8 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 Oct. 25, 2004-Transmittal Hearing/ 1st Reading of Ordinance Nov.1, 2004- Transmittal to DCA and other agencies Feb. 2004- Anticipated Adoption(tentative) ATTACHMENTS: A- Future Land Use Map, September 2004 B- Ordinance 2004-38 with Exhibit A(Map &Legal Description) C- Draft Unapproved P &Z/LPA Minutes COMMISSION ACTION: Page 9 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 ATTACHMENT A Future Land Use Map, September 2004 rz / /'y ,.. 7 41, - -/,,, -„/,,,,i;.& i'',. of/,;,4'.",110,1,,,, «r1'i d'a rb^.e,'f i j /,r f �/ -,t.%. .0:411 �r 'il l *14 ''''.'',,,",1300.7,' ./;%' 1.' r �r .A/1)1"f�:g{%4wt1 1: m— 7,,,,*,y� rf- 1/r'r a , J r/ ri�' 1J ./ y Ef ���� i�fidri FF 5 r / r/ ff �J/fJ / f� .� �„. �v �f� /4 �` J �,�� err�. t� _, yr. 5 1. ,,;,..„,;,,,,,v,,,,,,,, ,,',4,.,-..,% cIIp*!iI..r . 1 i* ,.-"/1 :0 °AC E !; :'I1iIi!;Y/J' � I mum 'J,,v , r ,i�jy/• /.?`r // /sF/'� •JS,'y•, sr/1+v7, /�/lllr",ia '�Y�4 ii , r ,. 7 ,.' /r :�j��(�.•;;�..� y '/ 'fy /r / r, //• Y ! .4 ;:P 9 :r Si a { ..a ✓,,A„ ,...-,<,,,/, ../ . 6 � f I {-- I ` `I �' f� i0496G9 1 I i� ' Y . , l i� f1 ,1 - „i i• ', 4 ,, . . Yl , 0::0,. , .. 1 "IsiTyi;AA,..1.v.. ,,c.,,,, ,;,,,./4:1:11110,12 -9 ,,,,1 „4. a00 ., dO r f �` I i` . 0 . f's aC® CQ� � � f / 4d y ,�V,- 4,,,4 OO ApQ ;�i/ fp, ' //r/i �pQ 1. /� , dif i� .o(mat) " .:�J'/am/+/ :, o ©o 0a .r- v;,�6 //1.. C a ,i,v, r lr. a sJad °°4-�° t 1 1 l_'..�. atiC97, r s ?vf4a -? c°b°a rY w.�::17 i3. . Fr Q o01A d 1 � '' 4∎ r �a er J � 4*ff fl � , . / 1 dE�ss...nR� . i ./e s 1.;;. -� : � ,0.�ti.rir> �mos /G4 LAND USE CLASSIFICATION LEGEND Rural Residential Industrial (t CUTAcroorbae) Low Density ,i Residential °ii7 Mixed Use (.11CUb 8A CU/Acra) a. Medium Density Residential Recreation (8.9CUb9.0DrJ/Acre) High Density 1 Residential Conservation --1 (9.1 CU b 21.0 CU fAcro) --- Town Canter rt District vi °: Public/Semi-Public Greenaway ® Commercial Interchange j/ Conservation Overlay Page 10 Attachment D - Item 403, Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 ATTACHMENT B Ordinance 2004-38 with Exhibit A Page 11 Attachment - Item 403 Staff Report, October 2004 ORDINANCE NO. 2004-38 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-05-2, 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 ONE(1)PARCEL OF LAND,CONTAINING 40 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"GREENEWAY INTERCHANGE" TO "MIXED USE" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); 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 City of Winter Springs Ordinance No.2004-38 Page 1 of 3 Attachment - Item 403 Staff Report, October 2004 WHEREAS,the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-05-2) 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 recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with,and pursuant to,the Local Government Comprehensive Planning and Land Development Regulations Act,Sections 163.3184 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 amendment (LS-CPA-05-2) designating the subject property from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas). Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property,depicted on Exhibit"A"as"Greeneway Interchange,"to"Mixed Use"and"Conservation Overlay" (on those affected areas). 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 City of Winter Springs Ordinance No.2004-38 Page 2 of 3 Attachment - Item 403 Report, October 2004 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 , 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.2004-38 Page 3 of 3 Attachment - Item 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 Ordinance 2004-38 EXHIBIT `A' LOCATION MAP -- Lake Jesup .. 'k,._ ' ' L 11V\ _ ,,k y 1 \k� . _ J-- \ :, \\';. Subject v ''^''' Site " ‘' a `- (31 11�`_ tit_ l9 37 �, '-`x.._._ _�. lumewp inure. 6�� iii iii, __.'S - - ter; - i!...0.4t4m.-,, tes. ,:lot.rt .2-si _ !_,2,4‘,,,;\ (01}4re) r 00.- 1 ire att?LEGAL DESCRIPTION LEG W 1080 FT OF LOTS 14 +21 N OF ROAD SEC 5-21-31 PHILLIP R YONGE GRANT PB 1 PG 36 Page 12 Attachment D - Item 403, Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 ATTACHMENT C Draft Unapproved P & Z/LPA Minutes Page 13 Attachment D - Ilea 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 ATTACHMENT C Draft Unapproved P &Z/LPA 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 A. Requests That The Local Planning Agency Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2004-38) Changing The Future Land Use Map Designation From "Greeneway Interchange" To "Mixed Use" And "Conservation Overlay" (On Those Affected Areas) For The Forty (40) Acres, More Or Less, Located On East State Road 434, Immediately Across From Creeks Run Way. Chairperson Krebs opened the "Public Input"portion of this Agenda Item. Mr. Hugh Harling, Jr., P.E., Harling Locklin &Associates, Inc., 850 Courtland Street, Orlando, Florida: briefly addressed the Board regarding this "Mixed Use" project for Development. Discussion. There was no other "Public Input. " "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE FIRST READING OF TRANSMITTAL HEARING ADOPTION ORDINANCE 2004-38 LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE IN THE FUTURE LAND USE MAP DESIGNATION OF THE 41 ACRE MORE OR LESS PROPERTY ALONG EAST S.R. [STATE ROAD] 434 FROM `GREENEWAY INTERCHANGE' TO `MIXED USE' AND `CONSERVATION OVERLAY' ON THE AFFECTED AREAS. AND ALSO, PART OF Page 13 Attachment D - Ilea 403 Staff Report, October 2004 October 25, 2004 Public Hearing Item 403 ATTACHMENT C Draft Unapproved P &Z/LPA Minutes MY MOTION, I'D LIKE TO HAVE - TAKE IN CONSIDERATION THE TRAFFIC SITUATION— ON - [STATE ROAD] 434." VICE CHAIRPERSON KARR SAID, "AND SCHOOLS." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER POE. BOARD MEMBER BROWN ANSWERED, "YES." DISCUSSION. With discussion on schools, Board Member Brown said, "John [Baker, Senior Planner], her point about schools — we don't control the schools — the City, it's the County School Board. So, you're going - have to —take her part of it." Mr. Baker responded, "Alright." Board Member Brown added, "That we do have a concern." VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Chairperson Krebs stated, "To your point Mr. Brown, I'll take that to the Commission. The traffic and the schools. Heard and noted, and I'll bring it in December." Mr. Baker stated, "We have out in the Lobby area for each one of the `Public Hearings' tonight, a sign-in sheet for anyone who wants to get comments from the State Department of Community Affairs on that Comprehensive Plan Amendment." Page 14 Attachment D - Item 403, Staff Report, October 2004 Date: 102504 The following Document was distributed on 10/25/04 during Public Hearings "403" C S-1 it I'S AN\=‘?") ','.'11N/'-'7'c'S'Es.,,CM -2. ''.6 ,o- .....' .,7 3.F..• 4: 5:•81 ,t ..,, 7\?,7.-: .4 8 0 ,..1.-t.5 r, 7; - z p, ,"-.:-., ^ . ?•• ,.; ,....'Ll 0 Pt 7,'"f?, t,': S = at '-'tS..;,'?;=.,,T''''',2,- ,::.•^',.'5',.,%:: ''''. •,`,;• 5--E--g'..;' .;- 7., - '''' Z--- ---, -----7 5, /.. _I. "-,....---. -...----\ 11 , [ _U, C_^ z-v.HF -2 to --, 7 .,8 .., 1 il-:: ..Y.§, _ \ '1, > -, - •u E=. I_LL_LI_L'_11_1_LL_LiLLI..2:\ '— --- 4 - \\' s\r ■,---81.------\---- \ -• '''''''31,E - -"' ''''' =1—, , = 1 _ _ -_-_.--, '-i= -1.:L.L.12.1__L_L-1.L12 E_ ----,----1 - ' _1,-,-,FA-.,.,;,'7--- -7, /N4 ' "F''-.:2'0,..„..'.. ` : s",'",.., - 1 .-A, / N ,s . 1 , t -7= -:,... •72 ''''. 1 = -=',... ,-,..- -,\ _'•"=" , \.00---\-'-, \ ''''''''' _,----■----- \ El ,A ''0 1''''' ''' '''' v•.,4-,, , 57.-: - El -El tl IIILL) 1,1111t1 -''V''l g..._„8 1 , 1 Hai -1 1 I I I I PJ,111111' /,,, , Attachment - Meeting Minutes,January 24, 2505 City Commission CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 24,2005 PAGE 18 OF 32 "I WOULD LIKE TO MAKE A MOTION THAT WE PASS ITEM `403' PROVIDING A WAIVER FOR CHARLES AND SANDRA LACEY TO MAKE THEIR ADDITION WHICH WILL ENCROACH THREE FEET (3') INTO THE TWENTY FOOT (20') SETBACK." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Community Development Department—Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of A Large Scale Comprehensive Plan Amendment (Ordinance 2004-38) Changing The Future Land Use Map [FLUM] Designation From "Greeneway Interchange" To "Mixed Use" And "Conservation Overlay" (On Those Affected Areas) For The Forty (40) Acres, More Or Less, Located On East S.R. [State Road] 434,Immediately Across From Creeks Run Way. Attorney Garganese read Ordinance 2004-38 by "Title"only. Ms. Sahlstrom stated, "We do have this Comprehensive Plan Citizens Courtesy information list that the State requires that we transmit to them; and there is one out front - if anybody wants to sign it to be informed." Mayor Bush opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input"portion of the Agenda Item. Commissioner McGinnis noted, "Out of a forty(40) acre, more or less,piece of property, I understand that there is —a minimum of thirty percent (30%) — for conservation and 1.5 acres for recreational amenities. So my question is, it seems like 1.5 acres for recreational amenities is not very much, is that consistent with this kind of acreage and project?" Ms. Sahlstrom remarked, "We have not scrutinized the site plan." Discussion. Attachment - Meeting Minutes,January 24, 2505 City Commission CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 24,2005 PAGE 19 OF 32 Mr. Hugh Harling, P.E., Harling Locklin & Associates, 850 Courtland Street, Orlando, Florida: addressed the City Commission on this Agenda Item and explained, "When you voted to transmit this, one of the commitments that we made was that there would be 80,000 square feet of office at the front of the property." Additionally, Mr. Harling noted, "There would be office space right here — and then office space here, and the entry road comes in here—this driveway cut is already in place; and then we would come back to a gated community and this would be the residential — the 1.5 acres that you were speaking to — is the active recreation here, which would include the clubhouse, pool. There are other amenities, but we consider this to be 1.5 acres of active recreation—so there is other passive recreation associated with that. The buildings will be a maximum of fifty feet (50') tall; that there is approximately twelve feet (12') per floor and a Class A type - twelve feet (12') between floors and a Class A type office building so they'd be approximately forty-eight feet (48') tall. We have 60,000 square feet here, 20,000 square feet here, and then the total number of units over here is about 480 units." Mr. Harling spoke of the property owner, the Cascells, and added, "What we've committed to is that we would make a connection with her that would be a common connection for the frontage part of it, so that people would not have to — if somebody wanted to go to her site, they wouldn't have to come out onto the road - vice versa the same thing. Those are the things that we committed to and I think your City Manager, Ron McLemore said his aspect of it was Class A up front and each one of you agreed with that when we transmitted so we are perfectly willing to put that on the Record." Commissioner Miller mentioned the buildings along the Lake Mary, Florida/I-4 corridor- to which Mr. Harling stated, "I could get you an equivalent size for those and let you know what they are." With further discussion, Manager McLemore said to Mr. Harling, "Assuming things move right along with this, what's your planning in terms of actually when you would be coming out of the ground with this—time wise?" Mr. Harling stated, "The timing on it is we have ready to apply for a - loaning application immediately, move into Final Engineering drawings immediately—this was a big step before funds were committed to it. I would think that we would be probably at least a year in the design, permitting and ready to go to construction. At that time, if the market is there for both a Phase 1 of the office product and the condominium product would be built in phases also. Build a building, sell from that, build the other buildings, so I would think that you would be able to see something coming out of the ground probably in about eighteen (18) months." "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE 2004-38." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. Attachment - Meeting Minutes,January 24, 2505 City Commission CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 24,2005 PAGE 20 OF 32 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 405. Community Development Department—Planning Division Requests That The Commission Hold A Public Hearing For Second Reading And Adoption Of A Large Scale Comprehensive Plan Amendment (Ordinance 2004-40) Changing The Future Land Use Map [FLUME] 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 SR [State Road] 434, West Of The Intersection At Tuskawilla Road. Attorney Garganese read Ordinance 2004-40 by"Title" only. Mayor Bush opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input"portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE 2004-40." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Attachment F - Item 404, Staff Report, January 2005 COMMISSION AGENDA ITEM 404 Consent Information Public Hearing X Regular Janua ry 24, 2005 MGR. (2— /DEPT Meeting Authorization REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing for Second Reading and Adoption of a Large Scale Comprehensive Plan Amendment (Ordinance 2004-38) changing the Future Land Use Map designation from"Greeneway Interchange"to "Mixed Use" and"Conservation Overlay" (on those affected areas) for the forty(40) acres, more or less, located on east S.R. 434, immediately across from Creeks Run Way. PURPOSE: ICI Homes has initiated the request for a Large Scale Future Land Use Map Amendment, changing the Future Land Use Map designation for the 40-acre, more or less, parcel located on East S.R. 434, so that the existing vacant property can be developed into a mixed development of office and residential condominiums. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174(4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically,the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III.Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria, Section 15-37. Local Planning Agency Review and Recommendation: Attachment - Item 404 Staff Report, January 2505 January 24,2005 Public Hearing Item 404 Page 2 of 14 CHRONOLOGY: Aug. 16, 1999-Adoption of Comprehensive Plan text and maps, creating the Greeneway Interchange Future Land Use designation; and changing the subject property from the previous future land use designation of "Commercial" and "Conservation". Sep. 16, 2004-Adjacent property owners within 150' notified by Certified Mail Sep. 23, 2004- Public Noticing in Orlando Sentinel of LPA Public Hearing Oct. 6,2004-P &Z(LPA)recommended approval of Ordinance 2004-38. Oct. 14, 2004-Public Noticing in Orlando Sentinel of Transmittal Public Hearing Oct. 25, 2004-Transmittal Hearing/ 1st Reading of Ordinance 2004-38 Nov. 1, 2004-Transmittal to DCA and other agencies Jan. 7, 2005- DCA indicates no objection to the Amendment Jan. 13, 2005- Public Noticing in Orlando Sentinel of Transmittal Public Hearing Jan. 24, 2005-2°a Reading of Ordinance 2004-38 CONSIDERATIONS: Applicant—ICI Homes(Charlie O'Sullivan), 3400 W. Osceola Pkwy. Kissimmee, Florida 34741 Location—Generally along East S.R. 434 on the western edge of the Greeneway Interchange District. Site Information—The 40-acre (more or less)parcel currently has a"Greeneway Interchange" future land use. The applicant is requesting consideration for a future land use change to "Mixed Use". PARCEL Property Address: No Physical Address Property Owner: Schrimsher Land Fund II,Ltd. Applicant Address: ICI Homes,Charlie O'Sullivan 3400 W.Osceola Pkwy. Kissimmee,FL 34741 Property Appraiser Parcel I.D.: 31-20-31-5BB-0000-0190 Property Acreage: 40 acres,more or less. Property Legal Description: LEG W 1080 FT OF LOTS 14+21 N OF ROAD SEC 5- 21-31 PHILLIP R YONGE GRANT PB 1 PG 36 Existing Zoning: "GID-Greeneway Interchange District" Current Future Land Use: Greeneway Interchange Proposed Future Land Use: Mixed Use and"Conservation"(on those affected areas) Chronology of Subject Property—The Greeneway Interchange Future Land Use designation was adopted on August 16, 1999. The subject parcel was included in the designation, although there was lengthy discussion as to whether this parcel should be included. The parcel previously had a"Commercial" and"Conservation" designation. Existing Land Uses—The property is undeveloped. It is currently used for pasture land. Adjacent existing land uses, zoning and FLUM designations include the following: Page 2 Attachment - Item 404 Staff Report, January 2505 January 24,2005 Public Hearing Item 404 Page 3 of 14 Existing Land Uses Zoning FLUNI Subject Sites Undeveloped Pasture Land "Greeneway Interchange Greeneway Interchange an District"(WS) Conservation Overlay(WS North Undeveloped "Greeneway Greeneway Interchange am Interchange Conservation Overlay(WS _ Distr ct WS Southeast High Density Residential "PUD-Planned U Commercial(WS) Dev."(W_SI.. South Planned Unit Development "PUD-Planned U Medium Density Residentia Dev."(WS) (WS) East Undeveloped "Greeneway Greeneway Interchange an Interchange "Conservation"(WS) District"(WS) West Conservation "C-1 Neighborho Conservation and Conservati Commercial"(W Overlay(WS) (WS)Winter Springs Development Trends—This parcel along with the adjacent parcels north of S.R.434 are currently undeveloped. The land immediately to the west, although zoned as"C-1" is designated as a conservation area. The 3200-acre Tuskawilla PUD to the south of S.R. 434 was annexed into the City in 1972. There has been no development within the Greeneway Interchange District since its establishment in 1999. However, once developed, the Greeneway Interchange densities and intensities are anticipated to be higher than in outlying areas. Proposed Future Land Use Classification—The proposed change in the future land use map designation from"Greeneway Interchange"to "Mixed Use"and "Conservation Overlay" (on those affected areas) will not jeopardize the integrity of the district and will allow this parcel to develop as a transition to the Greeneway Interchange. The proposed "Mixed Use" classification will support the goals of the Greeneway Interchange to provide employment opportunities and an increased tax base, while allowing a residential component to the development. Letters/Phone Calls In Favor Or Opposition—None as of September 15, 2004. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation was determined by evaluating the prevailing character of the immediate area, as well as evaluating the land use and the future goals and objectives of the City. The densities and intensities allowable under"Mixed Use" are the same as those afforded by"Greeneway Interchange" land use criteria. Page 3 Attachment - Item 404 Report, January 2505 January 24,2005 Public Hearing Item 404 Page 4 of 14 Public Facilities: ROADS/TRAFFIC CIRCULATION(REVISED): State Road 434 was fairly recently widened to four lanes and has easy access to the S.R. 417 beltway and S.R. 17-92. Traffic Impact: Total proposed residential units=480 Trip Generation Rate =per category#230 Residential Condo Town homes =5.86 ADT/Unit = .54 trips/unit for PM peak hours Anticipated ADT =2,812.8 PM Peak =259.2 Trips Anticipated Traffic Distribution: 50% Eastbound, and 50%Westbound Traffic Impact: Total SF= 80,000 SF=400 employees Trip Generation Rate =per category#710 General Office AM Peak =400 employees x .71 =284 Trips PM Peak =400 employees x .71 =284 Trips Anticipated Traffic Distribution: 50% Eastbound, 50%Westbound Because the development will generate more than 300 daily trips, a traffic study will be required during development review of the project. Availability of Access: The site has direct access from SR 434. Access to SR 417/Greeneway is less than a mile to the east. Connectivity to future development to the east (into the Greeneway Interchange District)will be preserved for vehicular and pedestrian circulation. Function Classification: SR 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within the City of Winter Springs, S.R. 434 is a four-lane east-west divided roadway. The level of service(LOS) is `B' from Tuskawilla Road to the Greeneway. POTABLE WATER: Facilities serving the parcels: None currently The subject parcel will connect to a water main,west of the property. Service lines will be required to meet City of Winter Springs standards. Residential Water Demand Estimate=480 units (proposed) x 350 GPD= 168000 GPD Office Water Demand Estimate= 80,000 SF(proposed) x .10 gallon per SF = 8000 GPD WASTEWATER Facilities serving the parcels: None currently The subject parcel will connect to City sewer service, west of the property. Service lines will be required to meet City of Winter Springs standards. Residential Sewer Demand Estimate=480 units (proposed) x 300 GPD = 144,000 GPD Office Sewer Demand Estimate= 80,000 SF(proposed) x .10 gallon per SF= 8,000 GPD Page 4 Attachment - Item 404 Report, January 2505 January 24,2005 Public Hearing Item 404 Page 5 of 14 RECLAIMED WATER: Facilities serving the parcels:None currently. ELECTRIC SERVICE: Facilities serving the parcels:None currently. The City of Winter Springs is serviced by Progress Energy for electric service. Progress Energy will provide service to this area, with no interruption of service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the parcels: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Services of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. The stormwater management system will meet St. John's River Water Management District, F.D.O.T., and City of Winter Springs' requirements. Stormwater runoff will be collected via street inlets and directed to the proposed stormwater pond from which it can be discharged through an outfall structures as required. A 36"RCP line runs along State Road 434 on the south side. Smaller 18"RCP lines extend across State Road 434. PUBLIC AMENITIES,RECREATION &OPEN SPACE: The City will require the applicant to provide"public amenities with area wide benefits" as indicated by the goals of the mixed use classification in the Comprehensive Plan. For example, buildings may be configured to create an urban plaza. The City of Winter Springs will be in discussion with the applicant as to what is most appropriate. The applicant is currently indicating that 1.5 acres of land will be designated for park and recreational amenities. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject area is located at 300 N. Moss Road. Response times are averaged monthly. Normal and Emergency Response Times for this area during the month of August were 4.5 and 1.2 minutes,respectively. FIRE: The City of Winter Springs is responsible for fire protection. City Hall currently houses a fire station with a response time of 3- 4 minutes to this area. Nuisance Potential Of Proposed Use To Surrounding Land Uses— The change in designation from"Greeneway Interchange" to "Mixed Use"will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the"Greeneway Interchange" uses, and the subject property is surrounded primarily by vacant land. Page 5 Attachment - Item 404 Report, January 2505 January 24,2005 Public Hearing Item 404 Page 6 of 14 Natural Resources Compatibility— The subject property includes a conservation area on the northwest portion of the site. Because the subject property is within the conservation overlay, an environmental impact study will be required during development review to determine exact boundaries of conservation areas.The conservation area indicated on the northwest portion of the site is in keeping with one of the primary objectives of the"Mixed Use"classification, which is to include a conservation component within the development. The applicant has indicated that a minimum of 30% of the site will be set aside for open space (conservation). The delineation of this area will be finalized during the development review process. SOILS The parcel consists primarily of Myakka and EauGallie fine sands. These soils are characterized by severe restrictions for wetness. They are nearly level, and poorly drained. Other dominant soils within the surrounding area are St. Johns and Basinger. These soils are also characterized by severe restrictions for wetness. Smyrna soils are characterized by severe restrictions due to ponding, and are located in the conservation overlay area of the site. FLOOD PRONE AREAS The northwest portion of the property area is located within Flood Zone AE,with a base flood elevation of 10. This portion of the site will be placed into a conservation easement. HISTORIC RESOURCES None. WILDLIFE The conservation overlay area indicates that the site may potentially contain protected wildlife habitat areas, in addition to hydraulic soils/wetlands and special vegetative communities. These areas will be carefully reviewed during the development review process to determine if there are any habitat areas to be protected or mitigated. CONSISTENCY WITH THE COMPREHENSIVE PLAN Future Land Use Element The location of the Greeneway Interchange area is "to be in close proximity to the Central Florida Greeneway(State Road 417)" (FLUE Objective 3.1). The subject area is on the outlying western perimeter of the Greeneway Interchange District, sufficiently removed from the primary area of concentration. Therefore, the proposed Future Land Use change from "Greeneway Interchange"to"Mixed Use" and"Conservation Overlay" (on those affected areas) will not undermine the objectives of the Greeneway as defined in the Comprehensive Plan. The Greeneway Interchange District is intended to have "higher intensity uses along major roadways and intersections to reduce development pressures in other areas, thereby minimizing the road congestion and community compatibility impacts" (FLUE pg. I-5 (#3)). This intent will be maintained within the "Mixed Use" classification, as the office and high density residential development will foster shorter commutes, easing traffic burdens and helping to contain sprawl. Page 6 Attachment - Item 404 Report, January 2505 January 24,2005 Public Hearing Item 404 Page 7 of 14 The location of the subject site (with direct access to S.R.434 and in close proximity to S.R. 417/Greeneway) complies with FLUE Policy 1.6.5 which states, "Land uses that generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems". Further, FLUE Objective 4.1 states"The Mixed Use category shall be located proximate to major transportation corridors..." The property is in compliance with FLUE Policies 4.2.1 and 4.2.2, meeting the minimum acreage requirement of ten acres, as well as proposing no more than seventy-five(75) percent of the site for residential use. The site is illustrated in the Comprehensive Plan as having a Conservation Overlay. The preliminary concept plan submitted by the applicant illustrates a conservation area on the northwest corner of the parcel. An Environmental Impact Study will be required to identify the extent of conservation area and the impact of development(FLUE Policy 1.1.7.). This study will be undertaken by a qualified professional at the expense of the developer, and will depict the exact boundaries of the conservation area. Results will be analyzed by staff during the development review. The City will require a Master Plan Development Agreement, and Planned Unit Development zoning to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category in accordance with FLUE policy 4.2.3. Transportation Element "The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element to enhance the feasibility of transit and promote alternative transportation modes" (TE Policy 1.5.7). The"Mixed Use" classification will foster an environment of connectivity. Plans for development will comply with parking concerns, access to transit centers, and designated routes for both pedestrian and bicycle circulation. A transit bus stop will be required to be incorporated into the development to accommodate the 480 proposed residential units, and will be well connected to the pedestrian circulation system. Additionally, the applicant is proposing 80,000 SF of commercial office space. All development will need to be in accordance with the maximum twelve(12) dwelling units per gross acre, and the 1.0 Floor Area Ratio allowable by Comprehensive Plan specifications for the"Mixed Use" classification. As per the Comprehensive Plan(TE pg. II-10), the most important factors in encouraging transit use are mixed land uses and an urban form. Connectivity to future development to the east will be preserved. Although 75% of the adjacent undeveloped land is within a conservation overlay area, the Mixed Use development will act as a transition to the higher intensity future uses. Conservation Element The same criteria apply for both the"Greeneway Interchange" and the "Mixed Use" classifications. Page 7 Attachment - Item 404 Report, January 2505 January 24,2005 Public Hearing Item 404 Page 8 of 14 FINDINGS: (1) The proposed amendment will have a favorable effect on the city's budget; (2) The proposed amendment will not diminish the level of service (LOS) of public facilities; (3) There will not be an unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) 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; (5) Will not unduly burden public facilities. The city is able to provide adequate service from public facilities to the affected property. (6) The amendment is compatible with the surrounding neighborhoods and land use; (7) The amendment will not cause the comprehensive plan to be internally inconsistent; (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The amendment is compatible with the contents of the City's Evaluation and Appraisal Report(EAR)prepared pursuant to 163.3191, Florida Statutes. 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 Second Reading and Adoption of Ordinance 2004-38, a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of the forty(40)acre (more or less)property along East S.R. 434, from"Greeneway Interchange"to "Mixed Use" and"Conservation Overlay" (on those affected areas). ATTACHMENTS: A- ORC Report B- Excerpt from Approved P &Z/LPA Minutes C- Future Land Use Map, September 2004 D- Ordinance 2004-38 with Exhibit A (Map &Legal Description) COMMISSION ACTION: Page 8 Attachment F _ Item 404 Staff Report' January 2005 January 24,2005 Public Hearing Item 404 Page 9 of 14 ATTACHMENT � .~� ~.�~.��^.^"�^" " `� ORC Report STATE orpLon/oA DEPARTMENT O F COMMUNITY A F FA I R S "Dedicated to making Florida a better place to call home" „ISO RUSH THADDEUS COHEN,m^ ���", � Secretary January 7.28Ox The Honorable John F. l3ush Mayor,City of Winter Springs 1126 East S.R.434 Winter Springs,Florida 32708 Dear Mayor Bush: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Winter Springs(05-I),which was received on November 4,2004, Copies of fhe proposed amendment have been distributed to appropriate state,regional and local agencies for review and their comments are enclosed. The D xn nt hhas reviewed the proposed amendment for consistency with Rule 93-5. Florida Adrninistr4tive('ode(F.A.C.),Chapter 163,Part II,Florida Statutes(F.S.).and the adopted City of Winter Springs Comprehensive Plan. The Department raises no objection to the proposed amendment,and this letter serves as the Department's Objections,Recommendations and Comments Report In order to expedite the regional planning council's review of the amendments.and pursuant to Rule 93-11.011(5),F.A.C.,please provide a copy of the adopted amendment directly to the Executive Director of the East Central Florida Regional Planning Council(ECFRPC). Please contact Marina Pennington,Regional Planning Administrator,ut(S5O)vZZ'\8O9.i["o can he of further assistance. Sincerely yours, Charles Gauthier,A[CP Chief of Comprehensive Planning C[iaw Enclosures:Review of.Agcncy Comments cc: Ms.Sandra Glenn,Executive Director, FCFRPC Ms.E1oJmS^hincmm'AlCPx3L&.ScniorP|unomcvviuterSpdngs u»oo SHUMARD OAK BOULEVARD • rALLxuAooss, FLORIDA 32399-2100 Phone' upo 488 o^oo/o""""w 278 v^"o pAx. 850.921 o,n,'n"""o~ 291 0781 /"'vm"t address: mtuj/www*sm*eue fl^us CRITICAL STATE CONCERN FIELD °^�,� �o/ m =w Page 9 Attachment - Item 404 Report, January 2505 January 24,2005 Public Hearing Item 404 Page 10 of 14 ATTACHMENT B Excerpt from Approved P &Z/LPA Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 6, 2004 PUBLIC HEARINGS Community Development Department—Planning Division A. Requests That The Local Planning Agency Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2004-38) Changing The Future Land Use Map Designation From "Greeneway Interchange" To "Mixed Use" And "Conservation Overlay" (On Those Affected Areas) For The Forty (40) Acres, More Or Less, Located On East State Road 434, Immediately Across From Creeks Run Way. Chairperson Krebs opened the "Public Input"portion of this Agenda Item. Mr. Hugh Harling, Jr., P.E., Harling Locklin &Associates, Inc., 850 Courtland Street, Orlando, Florida: briefly addressed the Board regarding this "Mixed Use" project for Development. Discussion. There was no other "Public Input. " "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE FIRST READING OF TRANSMITTAL HEARING ADOPTION ORDINANCE 2004-38 LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE IN THE FUTURE LAND USE MAP DESIGNATION OF THE 41 ACRE MORE OR LESS PROPERTY ALONG EAST S.R. [STATE ROAD] 434 FROM `GREENEWAY INTERCHANGE' TO `MIXED USE' AND `CONSERVATION OVERLAY' ON THE AFFECTED AREAS. AND ALSO, PART OF Page 10 Attachment F - Ilea 404, Staff Report, January 2505 January 24,2005 Public Hearing Item 404 Page 11 of 14 ATTACHMENT A Excerpt from Approved P &Z/LPA Minutes MY MOTION, I'D LIKE TO HAVE - TAKE IN CONSIDERATION THE TRAFFIC SITUATION— ON - [STATE ROAD] 434." VICE CHAIRPERSON KARR SAID, "AND SCHOOLS." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER POE. BOARD MEMBER BROWN ANSWERED, "YES." DISCUSSION. With discussion on schools, Board Member Brown said, "John [Baker, Senior Planner], her point about schools —we don't control the schools —the City, it's the County School Board. So, you're going - have to—take her part of it." Mr. Baker responded, "Alright." Board Member Brown added, "That we do have a concern." VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Chairperson Krebs stated, "To your point Mr. Brown, I'll take that to the Commission. The traffic and the schools. Heard and noted, and I'll bring it in December." Mr. Baker stated, "We have out in the Lobby area for each one of the `Public Hearings' tonight, a sign-in sheet for anyone who wants to get comments from the State Department of Community Affairs on that Comprehensive Plan Amendment." Page 11 Attachment - Ilea 404 Staff Report, January 2505 January 24, 2005 Public Hearing Item 404 Page 12 of 14 ATTACHMENT Future Land Use Map, September 200C 4 1 . ''..::2."..../;.....':514:: .•...,:..,..!!7,4,,,,..,..Z.2>::::::;?.'",:',.::.;.-„,.......,.....::,,. ......'.‘,. *AI 1. .1. I 1 i„, r,...:„.,:..::, . r' ' ' :. ..'''':.1:: ::../..';"/..:.....:::::.":::::":?:;.'.': '.:..;:"..':/...4...1‘. 11.11: El i 4....11 ' ' ' ' . .' . ' ' .' 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LAND USE CLASSIFICATION LEGEND Rural Residential Industrial 11 CO/ACK,of.---, Low Density Residential Mixed Use (1.1 CU b 3.3 a,1�.+rw1 Medium Density Residential Recreation 13.b CUb•.O CU.A:»I Nigh Density Residential , Corsorvalion e.1GUb:t.ocu ,Ra.1 Town Centel District Public r Semi-Public Greenaway Commendal Intlarohange %i CoConservation Page 12 Attachment F - Item 404, Staff Report, January 2005 January 24,2005 Public Hearing Item 404 Page 13 of 14 ATTACHMENT D Ordinance 2004-38 with Exhibit A Page 13 Attachment - Item 404 Staff Report, January 2505 ORDINANCE NO. 2004-38 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-05-2, 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 ONE(1)PARCEL OF LAND,CONTAINING 40 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"GREENEWAY INTERCHANGE" TO "MIXED USE" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); 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 City of Winter Springs Ordinance No.2004-38 Page 1 of 3 Attachment - Item 404 Report, January 2505 WHEREAS,the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-05-2) 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 recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with,and pursuant to,the Local Government Comprehensive Planning and Land Development Regulations Act,Sections 163.3184 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 amendment (LS-CPA-05-2) designating the subject property from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas). Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property,depicted on Exhibit"A"as"Greeneway Interchange,"to"Mixed Use"and"Conservation Overlay" (on those affected areas). 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 City of Winter Springs Ordinance No.2004-38 Page 2 of 3 Attachment - Item 404 Report, January 2505 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 tYy adoption of a resolution affirming its effective status. After and from the effective date of thi 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 sha�k''have the legal status / of the City of Winter Springs' Comprehensive Plan, as amended. / / ADOPTED by the City Commission of the City of Winter7rings, Florida, in a regular meeting assembled on the day of , 2004. f n F.'� ugh, Mayor /,/ ATTEST: `f Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency f• the City of Winter Springs only: Anthony A. Garganese, City Attor'ey First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No.2004-38 Page 3 of 3 Attachment - Item 404 Staff Report, January 2505 January 24,2005 Public Hearing Item 404 Page 14 of 14 Ordinance 2004-38 EXHIBIT `A' LOCATION MAP i ro w , ake$es . ...L � 11 i_ t Jl \ Subject ` I 3 Site ) I I. , © ri ., X 1 , 1 i OIllillil �LJ ,7,41 ,�r9 ! , I �! µ yi -r..a.� t r � {.r^,r ,,-�r1 :r y, _tw f .r _, t, t Al'r�3 r ��I � ��5 � -C` �+ 1,.1'� fir } .�,� 1� }x, LEGAL DESCRIPTION LEG W 1080 FT OF LOTS 14 +21 N OF ROAD SEC 5-21-31 PHILLIP R YONGE GRANT PB 1 PG 36 Page 14 Attachment - Item 404 Report, January 2505 ORDINANCE NO. 2004-38 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-05-2, 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 ONE (1) PARCEL OF LAND, CONTAINING 40 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 "GREENEWAY INTERCHANGE"TO"MIXED USE"AND"CONSERVATION OVERLAY"(ON THOSE AFFECTED AREAS); 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 City of Winter Springs Ordinance No.2004-38 Page 1 of 3 Attachment - err 404, Staff Report, January WHERE"the T oral Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-05-2) 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 recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with,and pursuant to,the Local Government Comprehensive Planning and Land Development Regulations Act,Sections 163.3184 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 amendment (LS-CPA-05-2) designating the subject property from "Greeneway Interchange"to "Mixed Use" and"Conservation Overlay" (on those affected areas). Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property,depicted on Exhibit"A"as"Greeneway Interchange,"to"Mixed Use"and"Conservation Overlay"(on those affected areas). 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 City of Winter Springs Ordinance No.2004-38 Page 2 of 3 Attachment - Item 404 Report, January 2505 remaining nnrtirnc nfthic (lrainanra 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 24th day of January , 2005. a Ai) Jo . Bush, Mayor A TEST: 1._�.. L Andrearenzo-Luaces, City Clerk Appro2' as is legal form and sufficiency for the C. of W nter Springs only: �4 Anthony A. !; ganese, City Attorney First Reading: October 25, 2004 Second Reading: January 24, 2005 Effective Date: See Section 8. City of Winter Springs Ordinance No.2004-38 Page 3 of 3 Attachment - Item 404 Staff Report, January 2505 EXHIBIT `A' LOCATION MAP Lake Jesup Y _W i \ �; J il 4 1 Subject ' ;'A Site I I ) '.a Q f __.] c '` { � a 1, i.Ti .T �* hk i1 ' V,1- t V T 7 9 .. G DESCRIPTION OF ROAD SEC 5-21-31 PHILLIP R YONGE GRANT PB 1 PG 36 Attachment F - Item 404, Staff Report, January 2005 T1‘7T7TV1 Tr11, 44 • It 1 Et Ordinance#2004-38 PARCEL ID# ACREAGE OWNER NAME PROPERTY ADDRESS 31-20-31-5BB-0000-0190 41 Acres Schrimsher Land Fund III E SR 434 LTD 41 Acres TOTAL ACREAGE