HomeMy WebLinkAbout1999 12 13 Public Hearings Item E
COMMISSION AGENDA
ITEM E
Consent
Informational
Pu blie Hearing X
Regular
December 13, 1999
Meeting
r:~t
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing to transmit the Elizabeth Morse Foundation Property large scale
comprehensive plan amendment (LG-CPA-2-99) to the Florida Department of Community
Affairs, that would change the Future Land Use Map designation from (county) A-10
"Agriculture" to (City) designation "Lower Density Residential".
PURPOSE:
The plan amendment is intended to allow for development of the Elizabeth Morse Foundation
property at a higher residential density than County Agriculture zoning allows due to the
provision of public water and sewer services.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3 I 84(3)(a) F.S. which state: "Each local governing body shall transmit the
complete proposed comprehensive plan or plan amendment to the state land planning agency,
the appropriate regional planning council and water management district, the department, and
the Department of Transportation immediately following a public hearing pursuant to subsection
(15) as specified in the state land planning agency's procedural rules. The local governing body
shall also transmit a copy of the complete proposed comprehensive plan or plan amendment to
any other unit of local government or government agency in the state that has filed a written
request with the governing body for the plan or plan amendment."
\
CDD/Decernber 2, 1999/1 0:54 AM
DECEMBER 13, 1999
PUBLIC HEARING AGENDA ITEM E
Page 2
The provisions of 163.3184(15)(b) F.S. which state: "The local governing body shall hold at least
one advertised public hearing on the proposed comprehensive plan or plan amendment as
follows:
1. The first public hearing shall be held at the transmittal stage pursuant to
subsection (3). It shall be held on a weekday at least 7 days after the day that the
advertisement is published.
2. The second public hearing shall be held at the adoption stage pursuant to
subsection (7). It shall be held on a weekday at least 5 days after the day that the
second advertisement is published."
CONSIDERA TIONS:
. The City Commission annexed the Elizabeth Morse Foundation property on September
27, 1999.
. Discussions were held on several occasions about including the subject property in the
GreeneWay Interchange District and later in the expanded Town Center.
. A first reading of Ordinance 749 to rezone the Elizabeth Morse Foundation property from
(county) A-I "Agriculture" (1 DU per acre) to (City) R-IA "One Family Dwelling
District" (8,000 sq. ft. minimum lot size) was held on November 8, 1999. A second
reading is scheduled for December 13, 1999 to reconsider a proposal to rezone the
property to R-lAA back to the original request ofR-lA.
FISCAL IMPACT:
None
FINDINGS:
. The proposed future land use change from county Future Land Use Map (PLUM)
designation R-lO "Agriculture" (1 DU per 10 acres maximum) to the City's FLUM
designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the subject
property is compatible with adjacent county FLUM designations of "Low Density
CDD/December 2, 1999/10:54 AM
DECEMBER 13,1999
PUBLIC HEARING AGENDA ITEM E
Page 3
Residential" (4 DU per acre maximum) on the west and north side of the Elizabeth
Morse Foundation property.
· The comprehensive plan amendment is compatible with the other elements of the
City's Comprehensive Plan
· The comprehensive plan amendment is compatible with and furthers elements of the
State Comprehensive Plan, in Chapter 187 F.S.
· The comprehensive plan amendment is compatible with and furthers elements of the
East Central Florida Comprehensive Regional Policy Plan.
STAFF RECOMMENDATION TO THE LOCAL PLANNING AGENCY AND TO THE
CITY COMMISSION:
1. That the City Commission hold a first (transmittal) public hearing and transmit
to the Department of Community Affairs the proposed Large Scale
Comprehensive Plan Amendment (LG-CPA-2-99), to change from county
Future Land Use Map (FLUM) designation R-lO "Agriculture" (1 DU per 10
acres maximum) to the City's FLUM designation of "Lower Density
Residential" (1.1 - 3.5 DU per acre) the Elizabeth Morse Foundation property
on the Future Land Use Map of the Comprehensive Plan Land Use Element
(Volume 2 of2); and
2. Hold a second public hearing, after receiving and reviewing the ORC Report, to
adopt the plan amendment.
LOCAL PLANNING AGENCY RECOMMENDATION TO THE CITY COMMISSION:
The Local Planning Agency recommended that the City Commission transmit the proposed large
scale comprehensive plan amendment for the Elizabeth Morse Foundation property
(LG-CP A-2-99) to the Florida Department of Community Affairs.
The following motion was made:
"Based on the findings under Roman numeral four, the one, two, three, four bullets that
are contained therein, I will make a motion to the City commission that they hold a first
transmittal public hearing and transmit to the Department of Community Affairs, the
CDD/December 2, 1999/10:54 AM
DECEMBER 13,1999
PUBLIC HEARING AGENDA ITEM E
Page 4
propose large scale comprehensive plan amendment (LG-CP A-2-99) to change from
(county) Future Land Use Map (FLUM) designation R-lO "Agriculture" (1 DU per acre
maximum) to the City's Future Land Use Map designation of "Lower Density Residential"
(1.1 - 3.5 DU per acre) for the Elizabeth Morse Foundation property on the Future Land
Use Map of the Comprehensive Plan Land Use Element Volume 2 of2, and further to
hold a second public hearing after receiving the ORC Report from the Department of
Community Affairs."
The motion was amended: "Can I amend that to also include in that motion our
recommendation from the October 6th meeting (LPA) to accompany
that motion?"
MOTION PASSED
IMPLEMENTATION SCHEDULE:
The City Commission would hold a second (adoption) public hearing within sixty (60) days after
receiving the ORC Report from DCA (estimated to be received around the first part of March).
Staff then develops any needed response to the ORC Report. The second public hearing is
advertised and held (estimated to be in May). The ordinance would take effect immediately
upon adoption by the City Commission.
ATTACHMENTS:
A. Map of location of the Elizabeth Morse Foundation property affected by the proposed
plan amendment.
B. Staff Reports for November 3,1999 LPA meeting.
C. Minutes of the October 6th and November 3rd LP A Meetings.
COMMISSION ACTION:
CDD/December 2,1999110:54 AM
ELIZABETll MOnSE F01JNDATION pnOPEHTY
TO'BE ANNEXED
,
')
...
@
(:)---
I.'
'"
"I
..........
....
____._.l.....___.__
)
II
\I "
". .
11.t
II....
" c~
II
II
I)
II.'
II
u
II. .
I
.-I.
"
10
I~,..
II
It. .
/
( c
("0'1.. "01
=
..... ~ ~
" ij
".'
It. ,
C::."::
G
11.(
~~: :
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development Dept.
Planning Division
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM:
II. C.
ELIZABETH MORSE FOUNDATION PROPERTY
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT
LG-CP A-2-99
STAFF REPORT:
The Community Development Department - Planning Division Staff Report to the
Development Review Committee on the above proposed comprehensive plan amendment
is attached along with the minutes of the DRC on this item.
CITY OF WINTER SPRINGS, FLORIDA
1 \26 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32700.2799
Telephone (407) 327-1000
Community Development Dept.
Planning Division
MEMORANDUM
TO:
Development Review Committee
DATE:
Thomas Grimms, AICP Comprehensive PlanninglZoning coo~
~
October 14, 1999
FROM:
RE:
DRC Review of Proposed Elizabeth Morse Foundation Property
Large Scale Comprehensive Plan Amendment for October 19th
meeting.
DRC REVIEW OF ELIZABETH MORSE FOUNDATION PROPERTY PLAN
AMENDMENT:
The proposed large scale comprehensive plan amendment for the Elizabeth Morse
Foundation property results from the annexation of 59.45 acre parcel in the county
enclave on the east side of Spring Avenue north ofS.R. 434 and request by the owner to
develop the property at a higher density than what is currently allowed by the county.
The Development Review Committee historically has been the staff level forum to
review developments proposed in the City. This comprehensive plan amendment has a
direct bearing on the type and density of development that would be allowed on the
property when the owner proceeds to develop the property.
The DRC needs to review and make recommendation on the proposed plan amendment
to the Local Planning Agency (LP A) on October 19th. The LP A will review the
amendment and make recommendation on November 3, 1999 to the City Commission
whether the plan amendment should be transmitted to the Florida Department of
Community Affairs and whether it should be adopted, adopted with changes, or voted
down at a second public hearing to be held by the Commission.
.~
~
:A
~
~
;,t
.<;
;~.
PLAN AMENDMENT REVIEW PROCESS:
October 19, 1999
November 3, 1999
December 13, 1999
Near End of February, 2000
In, April, 2000
In May, 2000
J
[ Fall Amendment Cycle]
Development Review Committee
review and recommendation to the
Local Planning Agency
Local Planning Agency review and
recommendation to City Commission
City Commission votes to transmit
plan amendment to DCA for its
review and ORC Report.
DCA sends ORC Report to City.
City responds to ORC Report and
advertises for 2nd public hearing.
City Commission holds 2nd public
(adoption) hearing.
CITY OF WINTER SPRINGS. FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32700-2799
Telephone (407) 327-1000
Community Development Depl.
Planning Division
DEVELOPMENT REVIEW COMMITTEE AGENDA ITEM:
ill. LARGE SCALE COMPREHENSIVE PLAN AMENDMENT TO THE LAND
USE ELEMENT, VOLUME 2 OF 2 FUTURE LAND USE MAP (FLUM) [2010]
CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM
COUNTY A-10 "AGRICULTURE" TO CITY FLUM DESIGNATION
"LOWER DENSTIY RESIDENTIAL" (LG-CP A-2-99)
COMMUNITY DEVELOPMENT DEPARTMENT-
PLANNING DIVISION STAFF REPORT TO THE DRC
'APPLICABLE LAW AND PUBLIC POLICY:
The Development Review Committee (DRC) has historically been the staff level forum to
review developments proposed in the City.
The provisions of 163 .3174(4) Florida Statutes which states "Be the agency (Local
Planning 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. During the preparation of the plan or plan amendment and
prior to any recommendation to the governing body, the Local Planning Agency shall hold
at least one public hearing, with public notice, on proposed plan or plan amendment."
The provisions of Sec. 2-57 of the City Code which state in part". . .the plannin.g and
zoning board shall serve as the local planning agency pursuant to the county
comprehensive planning act and the local government comprehensive planning act of the
state. . ."
I. BACKGROUND:
APPLICANT:
OWNER:
Harling Locklin Associates
850 Courtland Street
Orlando; FL 32804
Elizabeth Morse Foundation
P. O. Box 40
Winter Park, FL 32790 .
Elizabeth Morse Foundation Amendment
LG-CP A-2-99
Development Review Committee
October 19, 1999
Fall Amendment Cycle, J 999
"" '.., r' "."" .,''', ..,:., :~.: ~', ..: :', ;'. :~: ': :\: ,,:.;~(~:.
REQUEST:
The applicant is requesting a change of Future Land Use Map designation from county R-
IO "Agriculture" (1 DU per acre maximum) to the City's "Lower Density Residential" (1.1
- 3.5 DU per acre).
PURPOSE:
To develop the property as a single family residential subdivision.
A. SITE INFORMATION
1. PARCEL NUMBER
31-20-31-5BB-0000-0150
31-20-3l-5BB-0000-001A
31-20-3l-5BB-0000002D
3l-20-3l-5BB-0000-003A
2. ACREAGE:
59.45 acres
3. GENERAL LOCATION:
North of S.R. 434 and south of Lake Jessup, west of the beltway and east of
Spring Ave.
4. LEGAL DESCRIPTION:
(see Attachment A)
5. CHRONOLOGY OF SUBJECT PROPERTY:
The property has been in the unincorporated area of the county.
6. DEVELOPMENT TRENDS:
This general area along S.R. 434 in proximity to the beltway is experiencing
development pressure. In recent years the McKinley's Mill residential
subdivision was built on the south side of S.R. 434 just west of the subject
property. Recently, the Battle Ridge property was approved for a 108 lot
residential subdivision and conservation area. Just to the west of the beltway,
Hess Service Station has been built, Kash-N-Karry Food Store is about to be
built as well as the 252 unit Courtney Springs Apartment complex. The City
intends to create a higher density/intensity mixed use "GreeneWay Interchange
2
Development Review Committee
October 19, 1999
Fall Amendment Cycle, 1999
Elizabeth Morse Foundation Amendment
LG-CPA-2-99
District" modeled somewhat after the county's Higher Intensity Planned
Development (J-HPs) found around the airport, the 1-4 Corridor, etc. around a
major transportation nexus.
7. EXISTING LAND USE OF SUBJECT PROPERTY:
Just over half the property is in active citrus grove, and the remainder is vacant
with tree cover.
8. LETfERS/PHONE CALLS IN FAVOR OR IN OPPOSITION:
No inquires or comments in favor or in opposition to the proposed large scale
comprehensive plan amendment at the time of preparation of this Staff Report
(10/15/99).
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Small cottage-type houses between the subject property and Lake Jessup.
South:
Vacant land.
East:
The beltway (S.R. 417 "The GreeneWay)~ further east is vacant treed area.
West:
Small cottage-type houses.
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(county) "Suburban Estates" (maximum 1 DU per acre)
Requested:
"Lower Density Residential" (1.1 - 3.5 DU/acre).
NOTE: Applicant has requested City FLUM designation during Fall 1999
Comprehensive Plan Amendment Cycle.
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
(county) "Low Density Residential" (4 DU /acre maximum).
South:
Mixed Use.
NOTE: "GreeneWay Interchange District" FLUM designation recently
adopted by City Commission, now awaiting approval by DCA.
East:
The Beltway~ further east "Conservation" .
West:
(county) "Low Density Residential" (4 DU/acre maximum).
3
Development Review Committee
October 19, 1999
Fall Amendment Cycle, 1999
Elizabeth Morse Found.'ltion Amendment
LG-CP A-2-99
....,. ~..;..:., :".... .....,.
. '". .-..-
E. ZONING OF SUBJECT PROPERTY:
Existing:
(county) A-10 "Agriculture" (1 DUIlO acre maximum)
Requested:
R-1A (8,000 sq. ft. minimum lot size; 75 ft lot width)
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(county) R-1 "Single Family Dwelling District" (8,4,00 sq. ft. minimum
lot size)
South:
PUD.
NOTE: "GreeneWay Interchange District" Zoning Regulations recently
adopted by City Commission dependent on approval of the "GreeneWay
Interchange District" FLUM designation by DCA.
East:
No zoning designation on east side of Beltway on the Battle Ridge
wetland area; R-1A on eastern portion of Battle Ridge property.
West:
(county) R-1 and A-10.
m. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and/or issues which the applicant analyzed in reviewing this
application: Attachment "B" is the applicant's supporting data & analysis.
NOTE: It is City policy that the applicant of a large scale comprehensive plan amendment
provide the necessary data and analysis in accordance with 9J-5.005(2) Florida
Administrative Code, and Rule 9J-11.006(1)(b)1. - 5. Florida Administrative Code.
City staff performs the analysis of "consistency/compatibility" ofthe proposed large
scale comprehensive plan amendment with the City, State and Regional
comprehensive plans. [per 163.3177(10)(A) F.S. , 9J-5.001(9) F.A.C. and 9J-
5.021(4) F.A.C. ]
D. CONSISTENCY/COMPATmn..ITY WITH CITY, STATE, AND REGIONAL
COMPREHENSIVE PLANS:
1. WITH THE CITY COMPREHENSIVE PLAN:
The proposed plan amendment is compatible with and consistent with the City's
Comprehensive Plan and not in conflict with the other elements of the City's
Comprehensive Plan, specifically:
4
Development Review Committee
October 19, 1999
Fall Amendment Cycle, 1999
Elizabeth Morse Foundation Amendment
LG-CPA-2-99
~~";':~ttt~~H~H:~::~-~~':~1~1~':~~::;~\':~\~':~~~5::;".:,.>:~.:::~.~:.~ . ... .
Land Use Element:
Goal 1
Policy 3 of Objective A under Goall
Policy 4 of Objective A under Goal 4
Policy 2a of Objective A under Goal 3
Recreation and Open Space Element:
Policy 1 of Objective E under Goall
Sanitary Sewer Sub-Element:
Policy 5 of Objective A under Goall
Policy 6 of Objective A under Goall
Intergovernmental Coordination Element:
Policy 1 of Objective D under Goall
Objective E under Goall
Policy 1a, Id of Objective F under Goal 1
2. WITH THE STATE COMPREHENSIVE PLAN:
l63.3l77(10)(A) F.S.
The comprehensive plan amendment is compatible with and furthers goals and
policies of the State Comprehensive Plan in Chapter 187 F.S. List of goals, objectives
and policies that indicate consistency with the State Comprehensive Plan:
9J-5.021(4) F.A.C.
STATE COMPREHENSIVE PLAN
(8) Water Resources
Goal (a), Policies 5, 10, 12
(16) Land Use
Goal (a), Policy 3
(22) The Economy
Policy 3
NOTE: A Local comprehensive plan shall be consistent with a Comprehensive
Regional Policy Plan or the State Comprehensive Plan if the local plan is
compatible with and furthers such plans. 9J-5.021(1) F.A.C.
4
"~
",
5
Development Review Committee
October 19, 1999
Fall Amendment Cycle, 1999
Elizabeth Morse Foundation Amendment
LG-CP A-2-99
The term "compatible with" means that the local plan is not in conflict
with the State Comprehensive Plan or appropriate comprehensive regional
policy plan. The term "furthers" means to take action in the direction of
realizing goals or policies of the state or regional plan.
9J-5.021(2) F.A.C.
For the purposes of determining consistency of the local plan with the
State Comprehensive Plan or the appropriate regional policy plan the state
or regional plan shall be construed as a whole and no specific goal and
policy shall be construed or applied in isolation from the other goals and
policies in the plans. 9J-5.021(2) F.A.C.
3. WIlli THE EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL
POLICY PLAN: 186.507 F.S.; 27-E-4 F.A.C.
The comprehensive plan amendment is compatible with and furthers goals and
policies of the East Central Florida Comprehensive Regional Policy Plan.
List of goals, objectives and policies that indicate consistency with the East
Central Florida Comprehensive Regional Policy Plan
9J-5.021 (4) F.A.C.
EAST CENTRAL FLORIDA COMPREHENSIVE
REGIONAL POLICY PLAN:
Policy 57.1: 1,4,5
Policy 58.1,2
Policies 65.5
NOTE:
A Local comprehensive plan shall be consistent with a
Comprehensive Regional Policy Plan or the State Comprehensive
Plan if the local plan is compatible with and furthers such plans.
9J-5.021(1) F.A.C.
The term "compatible with" means that the local plan is not in
conflict with the State Comprehensive Plan or appropriate
comprehensive regional policy plan. The term "furthers" means to
take action in the direction of realizing goals or policies of the state
or regional plan. 9J-5.021(2) F.A.C.
6
Development Review Committee
October 19, 1999
Fall Amendment Cycle, 1999
Elizabeth Morse Foundation Amendment
LG-CPA-2-99
For the purposes of determining consistency of the local plan with
the State Comprehensive Plan or the appropriate regional policy
plan the state or regional plan shall be construed as a whole and no
specific go a] and policy shall be construed or applied in isolation
from the other goals and policies in the plans. 9J-5.021(2) F.A.C.
IV. FINDINGS:
· The proposed future land use change from county Future Land Use Map (pLUM)
designation R-I0 "Agriculture" (1 DU per 10 acres maximum) to the City's FLUM
designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the subject
property is compatible with adjacent county FLUM designations of "Low Density
Residential" (4 DU per acre maximum) on the west and north side of of the Elizabeth
Morse Foundation property.
· The comprehensive plan amendment is compatible with the other elements of the
City's Comprehensive Plan
· The comprehensive plan amendment is compatible with and furthers elements of the
State Comprehensive Plan, in Chapter 187 F.S.
· The comprehensive plan amendment is compatible with and furthers elements of the
East Central Florida Comprehensive Regional Policy Plan.
V. SUGGESTED DRC RECOMMENDATION TO THE LPA:
The Community Development Department - Planning Division requests the Development
Review Committee make the following recommendation to the Local Planning Agency:
1. That the City Commission hold a first (transmitta]) public hearing and transmit
to the Department of Community Affairs the proposed Large Scale
Comprehensive Plan Amendment (LG-CP A-2-99), to change from county
Future Land Use Map (pLUM) designation R-I0 "Agricu]ture" (1 DU per 10
atres maximum) to the City's FLUM designation of "Lower Density
Residential" (1.1 - 3.5 DU per acre) the E]izabeth Morse Foundation property
on the Future Land Use Map of the Comprehensive Plan Land Use Element
(Vo]ume 2 of2); and
2. Hold a second public hearing, after receiving and reviewing the ORC Report, to
adopt the plan amendment.
';;
'~:i
':(
',J
:,"i;
,
7
Development Review Committee
October 19, 1999
Fall Amendment Cycle, 1999
Elizabeth Morse FOlmdation Amendment
LG-CPA-2-99
ATIACHMENTS:
A. Legal Description of the Elizabeth Morse Foundation Property.
B. Applicant's supporting data & analysis for comprehensive plan amendment.
8
Development Review Committee
October 19, 1 999
Fall Amendment Cycle, 1999
Elizabeth Morse Foundation Amendment
LG-CP A-2-99
j
\
I
"\
,
LEGAL DESCnUTl ON
Lols 1,2,3, i1, 5, and 6, Sectioo 32, Township 20 Souto, R.ange 31 Easl, ALSO Lots 1,1, J,"I,
and 8 or Section 5, Township 21 South, Range 31 Ens!. (J.-css beginning 20 feel E of and 27'\.1
feet S of the NW comer of Lot 3, Section 5, run E 366.6 fecI N 060 05' E 507.3 feel, N 000 12' E
321.7 foct, S 8r 32' W 193 feel, N 040 30' W 269.1 feeL. S 890 04' E 652.1 feel, S 89056' E
420 feet, N 241.9 fect to shore of Lake Jessup, W'ly along shore 1,286 fcd to tbe E line of
Spring Avenue; S 1,173 feet to beginning), being 91 acres, more or less. All above real property
being a part of the Phillip R. Young Grant according to the plat thereof us recorded in Pial Book
I, Page 35, Public Rccords of Seminole County, Florida.
ALSQ'
A right ofingrc.ss and egress over that 10-foot strip of land adjoining and IUIU1ing nlong the N'ly
side of a line commencing 20 fcd E and 274.1 feet S of the"NW comer of Lot 3 of Section 5,
T ownslUp 21 South, Range 31 East, run E 366.6 feet and a right of ingress and egress over that
10-foot strip of land adjoining and nmning along the W'ly side of line commencin'g 366.6 fecl E
of a point 20 feet E and 274.1 feet S of the NW corner of Lot 3, Section 5; TO'Wrlship 21 South,
Range 31 E, run N 06005' E 507.3 feet, thence N 000 12' E 321.7 feet, said Lot 3 appears in the
plat of Phillip R Young Grant as recorded in Plat Book 1, Page 35 of the public Records of
Seminole County, Florida.
L:css the E 25 feet of Lols 2 and 8 of said Section 5; less W 25 feet of Lots 1, 3, and 7 of said
Section 5 and less W 25 feet of Lot 2 and E 25 feel of Lot 3 of said Sc:.ction 32.
LESS
A part of Lot I, Section 5, Township 21 Soutb, Range 31 East, and Lots 1, 2,.and 3, Section 32,
Township 20 South, Range 31 East of the Phillip R Young Grant, according to the plat thereof
as recorded. in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being
more particularly described :as follows:
Commence at the NE comer of said Section 5; thencc run S 880 49' 39" W along the N line of
said Section 5, a dislance of i 89.88 feel to tbe HE comer of said Lot 1, Section 5 of the Phillip R
Young Grant for a point of beginning; thence run S 040 42' 110" W along the E line of snid Lot 1,
Section 5, a distance of 665.23 feet to the SE comer of said Lot 1, Section 5; thence run S 880
49' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feet; thence departing
said S line run N 250 45' 00" W, a distance of 1,386.79 feet to a point on the E line of the W
25.00 feet of said Lol 2, Section 32; thence nm NOlo 17' 12" W along said E line a distance of
408.90 feel to a point on lhe N line of said Lo! 2, Section 32; thence departing said E line run S
83047' 20" E nlong said N line;) dislance of 9<\9.00 feello the NE comer of said Lot I, Seclion
32: tJlenec run S O'1u 42' '10" W along the E line of said Lot 1. Scel10n 32. a distance of 891.00
r
) feel 10 the POilll of ilcgin/ljl1~;,
)
')
)
AND ALSO LeSS
Commence at the ~E comer of said Seclion 5 also being the Sr. corner of s<lid Seclion 32; thence
run S 880 i19' 39" W along the N line of said Section 5, also being the S line of said Section 32, a
distance of 1,088.05 feet to a point on the W line of the E 25.00 feet of said Lot 3, Section 32~
thence departing the S line of said Scction 5 and the S line of said Section 32, run N 010 17' 12"
W along s:aid W line, :l dishmec of 709.22 fcct for ;a point c~ :;eginn;ng~ thenee departing s:aid W
line run N 250 45' 00" W a distance of 103.97 feet: thence run S 880 1\6' 1\8" W a distance of
69.93 fed to a point on the E line of amended plat of first addition to Mineral Springs, according
to the plat thereof, as recorded in PIal Book 8, }>ages 46 and 47 of the Public Records of
Seminole County, Florida; thence run NOlo 09' 12" W along said E line a distance of225.66
feel to a point on the N line of said Lot 3, Section 32; thenec departing said E line run S 830 47'
20" E along said N line, a distance of 113.43 feet to a point on the aforesaid W ]ine of the E
25.00 feet of said Lot 3, Scction 32; thence departing said N line run S 010 17' 12" E along said
W line a distance of305.58 feel to the point of beginning.
Containing 24.179 acres, more or less.
ALSO LESS
A part of the W 25.00 feet of Lot 2 and the E 25.00 fcd of Lot 3, Section 32, Township 20
South, Range 31 East of the Phillip 1<- Young Grant, according to the plat thereof, as recorded in
PJaiBook 1, Page 35 of the Public Rccords of Seminole County, Florida, being morc particularly
described as follows:
Commenc.e at the SW comer of said Section 32; thenec ron S 880 49" 39" W along the S linc of
said Section 32, a distance of i ,038.05 feet to a point on the E line of the W 25.00 feel of said
Lot 2; tl1cnce departing :said S line: run N OJ 0 17' 12." W along sai.d E line a dis1A.nce of 599.42
feet for a point of beginning: thencc departing said E linc run N 250 45' 00" W a distance of
120.74 feet to a point on the W line of the E 25.00 feet of said Lot 3~ thence run N 010 17' 12" W
al~ng said W line a distance 0(305.58 feet to a point on the N linc of said Lot 3; thenec departing
SaId W line run S 830 47' 20" E along the N line of said Lot 2 and 3 a distance of 50.43 feet to a
point on the E line of the W 25.00 feet of said Lot 2; thence departing said N line run S 010 IT
12" E along said E line a distance of 408.90 feet to the point of be ginning.
Containing 17,862 sgu=c fed, more or less.
OC1-)8-98 1"iC.H Gij:Q7 Fii
F (\;< 1,10.
P. 02
Comprehensive Plan Amendment
Elizabeth Morse Genius Foundation
68+/~ Acre City of Winter SprinGs Site
Applicntion }{equest -
Amendment to the City of Winter Springs Comprehensive Plan to change the subject site Future
Land Use Designation from S~minole County A-IO (] dullO acres) to City of Winter Springs
Low Density Residentia] (].1 - 3.5 clu/ acre).
Ceneral Location ~
The amendment site property is located on the west side of SR 417 (Geeneway Expressway),
north of State Rond 434, east of Spring Avenue and south of Lake Jesup.
lntrolluction -
The subject property was recently annexed into the City of Winter Springs from Seminole Counly.
This application tOT a Comprehensive Plan Amendment is the next step in the ultimate gO<l1 of
rezoning the property and developing the site v,1th low density residential. Based upon the
proposed developmcnt program the project will consist of an estimated 110 to 120 single family
residences. The requested Zoning is R-1A which requires a minimum lot width of75 feet and a
minimum lot size of8,OOO SF.
The site is currently utili7..eu tor citrus with no significunt improvements in place. The site is
bounded by the Central Florida Greenway (SR 417) on the east, small lot residential to the north
and west and the currently vacant Cassells Trust property to the south. The surrounding land
uses, zoning and future land use designations are presented on Exhibt '^' and discussed in grcnter
ddai] helow,
Llind Use Ana]ysis -
The subject site is part of an isolated remnant oftmincorporated Seminole County surrounded on
2 sides (east and south) by the City of Winter Springs. The property to the east consists of the SR
417 right.of-way which effectively isolates the site on this border, The property to the soulh is
part of the Cassells Trust PUD. The 250 +/. aere Cassels PUD is designated for Commercial,
omce and Multi:.family.
The lands to the north and west are part of an old subdivision with plotted lots ranging from 50' to
70' wide and 70' to ] 60' deep. The land is within unincorporated Seminole County and it is zoned
R-I. The section to the north consists of 12 +/- homes on a narrow 300 feet ",ride strip of land
laying between the subject site and Lake Jessup. To the wesl are an additional 30+/- platted lots,
the Highley's Fish Camp (Seminole County Owned) ami Clifton Springs 0 privately owned
artesian well site.
'I
~
~.~1
~
~,
:','
The nearby existing residentiul developments along SR 434 include lots ranging from 50 to 100' in
width and 100 to 200' in depth. Futurc commercial development is projected for the majority of
GCT-13-S9 MON [l:08 r"
F ii~ NO.
P. 03
the remaining vacant land fronting on SR 434.
The amendment sitc is an cssence an infiU site with existing low density residentiuJ to the north &
west, the approved Cassel's pun to the south and SR 417 to the east. Urban services are
available and the proposed land use (low density residential) is a compatible use with the ~xisting
and proposed dcvelopment pattern.
Justification of Need -
The City of Winter Springs is in the midst of creating the "Greenway Interchange District' that
will incorporate all lands along SR 434 betwecn SR 417 and Tuskawilla. Development within the
Greenway Interchange District is oriented towards more intcnsc uses including Multi-family,
Office and Commercial uses. The creation of this zoning overlay will effectively eliminate the last
remaining development parccls available for Single Family Residential development within the SR
434 corridor on the east side of Winter Springs.
Based upon current growth projections for Seminole County and The City of Winter Springs
there is a significant need for housing within the project site area. The subject site is a viable
residential tract conveniently located near an existing collector and arterial roadway system. Tht:
projects proximity to SR 417 is especially important in providing acceS$ to the regions overall
roadway network.
The subject property is set buck from SR 434 providing buffering from this roadway, this
separation trom SR 434 is part of the reasons the site is not well suited for Commercial or Office
uses. In addition the proposed low dcnsity residential would be morc compatible with the
established residential uscs 10 lhe west and north than office or commercial uses. Residential
development on the subject site will be protected from the future commercial oriented
development activity to the south (Cassel's POO) by setbacks and butlers required by the City
land development code and the Cassel's PUD approvals.
The proposed amendment is a change in land use from AgriclJltural (1 du/ 10 acre) to Low
Density Residential (1.1 - 3.5 duj acre), The services required by the proposed development
activity are currently available and within the capacity of the providers.
Fire Protection - City Fire Station #2 (County designation #26) is within 3 miles of the
amendment site, 'Within a 5 minute response time. The project developer will ex.tend City
water mains to thc development site providing sufficient water supply for fIre suppn:ssion.
No addition facilities, equipment or staffing would be anticipated due to this amendment.
Law Enforcement - The City of Winter Springs clUTently provides law cnforcement
$ervices to for properties on 2 sidcs of the amendment site. The limited addition demands
created by the propo$ed project will have minor impacts and no audition fdcilities,
cquipment or staffing would be anticipated due to tIllS amendment.
CC1-j8-9S MON G4:Ub ~M
f- n~< 1'10.
P. 04
Schools - The site is within the Seminole County School District, the schools that would
serve residenls of the site are La\\1on Elementary on Grahnm Street in Oviedo or Keeth
Elemcntary on TuskawiUa Road in Winter Springs, Indian Hills Middle School on
Tuskllwilla in Winter Springs and Winter Springs High School on TuskawilJa Road or
Oviedo High School on King ~treet in Oviedo. BasecJ upon the anticipated development
program of 115 lots (110-120) the projected student population would be approximately
89 students.
Elementary - 45 students
Middlc School - 22 students
High School - 22 students
Water & Sewer - The project site is within the City of Winter Springs serviec area. Based
upon inlbrrnation supplied by thc City the site can be serviced by the EaSl Water &
Wastewater Treatment Facility, The City hus a 10" water line on the north sidc of SR 434
at VistawilJa and a 6" force main located just south of SR 434 on VislaV\-illa. The
developer will e:\'1end water up Spring Avenue to serve lhe site. The proposed
development will inc]udc " sanil<rry lifl station ,...~th a force main conncction to the existing
SanitDry line on Vista'Willa. All service line extensions and connections will be the
responsibility ofthe developer with no costs bome by the City.
Tr.lnsportntion - Access to the site is from Spring Avenue a dead end road which
intersects SR 434, ] 500 feet to the south. The interchange with SR 417 (Ccntral folorida
GreenwClY) is less than a mile to the ~ast. Tuskawilla Road is approximately 1.5 miles to
the west and SR 17/92 is located approximately 7 miles to the west.
The proposed development program of 115 lots would create an estimated 1,098 uveruge
daily trips (adt's).
Spring Avenue is classified as a rural local collector, it is an improved unpaved road
serving the 45 +/- homes and a small fish camp ]ocatcd on Lake Jesup. City approvals for
development activity on the subject site will require upgrading Spring Avenue to current
City standards from SR 434 to the project entrance.
SR 419/ 434 is a 4 Jane divided State Road classified as a Minor Arterial. Seminole
County) 998 traffic Counts indicate the road handles 17, 154 adt's between Spring Avenue
and SR 417 and] 8,617 adt's from Spring ^ venue and Tusknwilla Road. Based On the
1998 County data SR 434 between SR 4]7 and Tuskawilla Road is operating at leve] of
service B and has 29,176 trips available. Thc proposed development activity would
provide a potential 6% increase in adt's and utili7..e Jess than 4% of the availahle trips.
The proposed development would be required to pay $102,459 in Transportation I.mpact
Fees to the City of Winter Springs.
~Cj -13-S9 "10:'; Uij: US -I
f. FiX NO.
fJ. U~
Pad,s & :H.ecreation - Residential developments within the City of Winter Springs are
required to set aside 5% of the sites gross acreage as a park! recrcation site. The 68+/-
acre subject site developed as low density residential would include a 3.4 acre park site.
Based upon preliminnry site planning the majority of the park area would be located
between the proposed residential lots and the existing homes located to the north near
Lake Jesup.
Property Value - Ad Valorem Taxes
The proposed change in land use from agricultural to residential will increase the property value
fTOm $75,000 (based On 1998 Seminole County Tax Appraisal Data) to $710,000 (removal of
agricultural exemption). At build out the combined Ad Va]orem taxes would increDse from $1,200
to over $30,000.00 per year.
Ad Valorem taxes provide funds for the operating expenses for a number of public services
including: police and fire protection, sehoo]s, public transportation, libraries, parks and recreation,
streets and drainage. These yearly 'property taxes' aTe in nddition to the Impact Fees and
Connection Charges listed below.
Impact Fees & Connection Charges
Both the City ofWintcr Springs and Seminole County will impose Impact fees Or connection
charges to offset the capital expenses of expanding public services to serve the site. Based on the
proposed development program of] 15 lots an estimated $405,325 in fees will be collected by the
Cily of Winter Springs.
Transportation Fee - $102,459
Water Connection Fee - $64,400
Sanitary Connection Fee - $217,350
L<lw Enforcement Fee - $7,82]
Fire Protection Fee - $13,295
OCT-13-99 MON O~:09 ri'
FAX 1,10.
P. 06
LAKE
JESSUP
_.-
._....._._"'.;:..~....::;~'"t -
<Ii' A-10
f ---.----.-.
C-1
PUO
A-1
Q
~
-., -_.- ---'.- -.--...-"-
WINTER
SPRINGS
(}.'
R--3A
SEMINO E
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1000
Community Development Depl.
Planning Division
DEVELOPMENT REVIEW COMMITTEE
OCTOBER 19, 1999 DEVELOPMENT REVIEW COMMITTEE
MINUTES
~
Submitted by: Tania Haas
Administrative Secretary
Community Development Department
CITY OF WINTER SPRINGS
MJNUTES
DEVELOPMENT REVIEW COMMITTEE
REGULAR MEETING
OCTOBER 19, 1999
I. CALL TO ORDER
The Deve]opment Review Committee meeting was called to order Tuesday, October 19,
1999, at 9:30 a.m. by Chairman Charles Carrington, AICP in the East Conference Room
of the Municipal Bui]ding (City Hall, 1126 East State Road 434, Winter springs, Florida
32708).
Roll Call
Carrington
Grimms
Cook
Jenkins
Houck
Hall
Dallas
LeBlanc
Tolleson
ll. REGULAR AGENDA
A. Winter Springs Executive Park
Pre-Application Meeting, Final Engineering
The above referenced final engineering, pre-application meeting for Winter Springs
Executive Park. There was discussion between City staff and D. Cathcart and 1. Cathcart
who represented the project. Stan Mann ofFDOT made comments also.
B. Elizabeth Morse Foundation Property
Large Scale Comprehensive Plan Amendment LG-CP A-2-99
Changing the Future Land Use Map (FLUM) Designation from
County A-tO "Agriculture" to City FLUM Designation "Lower
Density Residential".
The Development Review Committee considered the E]izabeth Morse Foundation
Property Large Scale Comprehensive Plan Amendment to the Land Use E]ement,
Changing the Future Land Use Map Designation from County R-1 0 "Agricu]ture" to
"Lower Density Residential". Randy Kirkwood represented Harling Lock]in
Associates. Staff members present were Carrington, Grimms, Cook, Jenkins, Houck,
Hall, Dallas, LeBlanc and Tolleson.
Randy Kirkwood noted the property is located north of S.R. 434 and south of Lake
Jessup, west of the beltway and east of Spring Avenue.
The Chairman noted for the record that the subject property was approved for annexation
at the September 27, 1999 Commission meeting and is pending rezoning approval.
Houck, LeBlanc, Jenkins, Hall, D.allas and Tolleson had no comments at this time.
Grirnms discussed the boundary survey that calculated greater acreage from 59.45 to
67.85 acres.
Grimms made a motion that the Development Review Committee make the following
recommendation to the Local Planning Agency:
1. That the City Commission hold a first (transmitta]) public hearing and transmit to
the Department of Community Affairs the proposed Large Scale Comprehensive
Plan Amendment (LG-CPA-2-99), to change from Future Land Use Map (pLUM)
designation R-I0 "Agricu]ture" (1 DU per 10 acres maximum) to the City's
FLUM designation of "Lower Density Residentia]" (1.1 - 3.5 DU per acre) the
Elizabeth Morse Foundation property on the Future Land Use Map of the
Comprehensive Plan Use Element (Volume 2 of2); and
2. Hold a second public hearing, after receiving and reviewing the ORC Report, to
adopt the plan amendment.
Tolleson seconded the motion. The chairman called for any discussion. Hearing none, the
chairman called for the vote. Al] were in favor. Motion passed.
C. Tuscawilla PUD - Parcel 7 and Parcel 8
Large Scale Comprehensive Plan Amendment LG-CPA-3-99
Changing the Future Land Use Map Designation from "Recreation"
to Designation "Lower Density Residential",
The Development Review Committee considered the Tuscawilla PUDParcel 7 and
Parcel 8 Large Scale Comprehensive Plan Amendment to the Land Use E]ement, the
Future Land Use Map Designation from "Recreation" to "Lower Density Residential".
Rob Holland and Steve Love]and represented Tuscawilla Country Clubs Inc.
John Howell represented the firm Holland and Knight. Joel Ivey represented Ivey, Harris
and Walls, Inc. Staff members present were Carrington, Grimms, Cook, Jenkins, Houck,
Hall, Dallas, LeB]anc and Tolleson.
Joel Ivey presented a brief overview of the proposed project and stated a commitment to
deliver a project consistent with the proposed amendment and also noted his commitment
to deliver a product acceptable to the marketplace.
Grimms summarized Section IV- Findings located in the memo and staff report attached.
Houck raised the question how this would impact the tennis court and golf course areas
and had staff made a determination if what has been proposed coincides with the
development agreement.
Joel Ivey stated after a brief discussion that there would be no impact on the tennis court
and golf course areas.
Cook sought clarification on easements, Joel Ivey noted that easements would be
maintained.
Hall discussed concerns as they relate to Howell Creek and asked if a wetland survey had
been performed.
Dallas had no comments at this time.
Grimms made a motion that the Development Review Committee make the following
recommendation to the Loca] Planning Agency:
1. That the City Commission hold a first (transmitta]) public hearing and transmit to
the Department of Community Affairs the proposed Large Scale Comprehensive
Plan Amendment (LG-CP A-3-99), to change the Future Land Use Map (pLUM)
designation "Recreation" to the PLUM designation of "Lower Density
Residential" (1.1 - 3.5 DU per acre) the Tuscawilla PUD Parcel 7 and Parcel 8
property on the Future Land Use Map of the Comprehensive Plan Land Use
element (Volume 2 of2), and
2. Hold a second public hearing, after receiving and reviewing the ORC Report, to
adopt the plan amendment.
Houck seconded the motion. The chairman called for any discussion. Hearing none, the
chairman called for the vote. All in favor except LeBlanc. Motion passed. LeBlanc
began discussing inclusion of additional ianguage to motion as passed. Houck added that
he agreed with LeBlanc's suggestion for additional language.
LeBlanc requested the chairman to entertain a second motion modifying the motion as
voted. The chairman accepted the request, but remarked that there must be a motion to
amend a previously adopted motion. LeBlanc stated "so moved"; seconded by Houck.
LeBlanc stated the he makes the following motion:
That the development conform to the existing Deve]opment Agreement and that any
development meets all the current regulations of the City.
Houck seconded the motion. The chairman hearing no further discussion called for the
vote. Motion passed unanimously.
D, Town Center
Large Scale Comprehensive Plan Amendment LG-CPA-1-99
Creating a New Designation "Town Center".
The Deve]opment Review Committee considered the Large Scale Comprehensive Plan
Amendment to the Land Use Element, creating a new designation "Town Center" to the
Future Land Use Map. Staff members present were Carrington, Grimms, Cook, Jenkins,
Houck, Hall, Dallas, LeBlanc and Tolleson.
Chairman Carrington briefly discussed the proposed project's history and informed staff
the third reading of Ordinance 707 dealing with the Town Center District boundary and
(Zoning) Code was scheduled for the October 25, 1999 Commission meeting.
Grimms discussed the current status of the Town Centcr Largc Scale Comprehensive
Plan Amendment. (memo and staff report attached)
LeBlanc, Cook, Jenkins, Dallas, Tolleson, Hall had no comments at this time.
Grimms made the motion that the Town Center Large Scale Comprehensive Plan
Amendment be forwarded to the City's Local Planning Agency. Grimms noted the
suggested DRC recommendations to the LP A (attached). All voted aye.
There was much discussion on staff's preference of obtaining legal advice from the City
Attorney upon submittal of site plans that are contrary to the adopted guidelines.
ill. FUTURE AGENDA ITEMS
(None)
IV. ADJOURNMENT
Hearing no further business, the Chairman adjourned the meeting at 10:47 a.m.
MINUTES OF OCTOBER 6, 1999
LOCAL PLANNING AGENCY MEETING
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILP A
REGULAR MEETING
OCTOBER 6, 1999
I. CALL TO ORDER
The Planning And Zoning BoardlLPA Regular Meeting was called to order Wednesday,
October 6, 1999, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the Commission
Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter
Springs, Florida 32708). The Pledge of Allegiance followed.
Roll Call
Carl Stephens, Jr., Chairman, present
Marc Clinch, Vice Chairman, present
Tom Brown, present
Bill Fernandez, present
Rosanne Karr, present
Also Present
Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
Approval Of the September 1, 1999 Planning And Zoning BoardlLocal
Planning Agency Meeting Minutes
MOTION BY BOARD MEMBER TOM BROWN, "I MOVE TO APPROVE THE
MINUTES OF SEPTEMBER 1,1999 REGULAR MEETING". SECONDED BY
BOARD MEMBER FERNANDEZ. "I'LL SECOND THAT MOTION WITH A
CORRECTION, ON THE FOURTH P AGE, SECOND PARAGRAPH, THE
WORD 'YEA' SHOULD BE 'YES'''. THE BOARD AGREED TO THE MOTION
BY CONSENSUS. MOTION CARRIED.
II. REGULAR AGENDA
A, Elizabeth Morse Foundation Rezoning [ REZ-4-99 ]
Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator explained to
the Board that the applicant, Harling Locklin Associates, is requesting a change of
Zoning Map designation from County A-I "Agriculture" to the City's R-IA "One Family
Dwelling District". The purpose is to develop the property as a single-family residential
subdivision. Mr. Grimms further explained the justification for rezoning; nuisance
potential of proposed rezoning to surrounding land uses; and Staff findings. He stated
"Based on the Staff Report and the findings, Staff recommends the Planning and Zoning
CITY OF WINTER SPRINGS
MINUTES
I'LANNING AND ZONING BOAIlD/LI'A
REGULAR MEETING - OCTOBER 6, 1999
Page 2 of 4
Board make the following recommendation to the City Commission: That the City
Commission approve the proposed change of.zoning from County A-lO "Agriculture" (1
DU/lO acres maximum) to City's R-IA Zoning District (8,000 sq. ft, minimum lot size)
contingent upon the applicant receiving approval for their proposed large scale
comprehensive plan amendment change from county R-I0 "Rural" Future Land Use Map
designation to the City's "Lower Density Residential" (1.1-3.5 DU/acre) Future Land
Use Map designation."
Discussion followed regarding the location of the property; the boundaries; the lot
widths; and the lot widths of other neighboring properties.
Board Member Fernandez questioned Mr. Grimms regarding annexations coming before
the Planning and Zoning Board. Mr. Grimms explained why they do not, and Board
Member Fernandez, for the record, voiced his displeasure in that decision.
The Board continued their discussion regarding Spring Avenue; conservation areas; the
orange grove; traffic concerns; the engineering plans of the subdivision; and the
Greene W ay Interchange Zoning District.
Randy Kirkwood, Harling Locklin Associates: informed the Board that he is employed
by the Property Owner, Duncan Bowman, and offered to answer any questions the Board
might have.
Discussion ensued regarding archaeological studies; where children would attend schoo];
the county enclave; the property being 59.45 acres; the wetlands; drainage; if the County
neighbors were notified of the intention to develop; the number of homes in the proposed
development; and the density of neighboring areas.
MOTION BY BOARD MEMBER BROWN. "I'D LIKE TO MAKE A MOTION
THAT WE RECOMMEND TO THE CITY COMMISSION TO APPROVE THE
PROPOSED CHANGING ZONE FROM COUNTY A-I "AGRICULTURE" (1
DUIIO ACRES MAXIMUM) TO THE CITY'S R-IA ZONING DISTRICT (8,000
SQUARE FEET MINIMUM. LOT SIZES) CONTINGENT UPON THE
APPLICANT RECEIVING APPROVAL FOR THEIR PROPOSED LARGE
SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY
R-I0 "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S
"LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE
MAP DESIGNATION."
SECONDED BY BOARD MEMBER FERNANDEZ. "FOR DISCUSSION
PURPOSES I'LL GO AHEAD AND SECOND THAT CONTINGENT ON
SPECIFIC FINDINGS AS OUTLINED IN THE STAFF REPORT IN FRONT OF
CITY OF WINTER SPR1NGS
MINUTES
I'LANNING AND ZONING BOAIW/LI'A
REGULAR MEETING - OCTOBER 6, 1999
Page 3 of 4
US UNDER ROMAN NUMERAL HEADING THREE, FOUR SPECIFIC
FINDINGS AS OTHERWISE THIS BOARD WOULD BE CIUTICIZED FOR
NOT HAVING MADE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS
OF LAW TO SUPPORT OUR RECOMMENDATIONS AND ASK A QUESTION
AT THIS POINT. AS IF WHETHER OR NOT THE APPLICANT WOULD FIND
IT NOT ECONOMICALLY FEASIBLE TO DEVELOP THIS PROPERTY, NOW
THAT IT IS ON THE TABLE AT A HIGHER DENSITY, I WANT TO GET LESS
HOMES OUT THERE FOR SMALL ROADS, SCHOOL BUSES AND
EVERYTHING ELSE. I DON'T KNOW WHETHER THAT IS Rl-AA OR Rl-
AAA OR WHATEVER, BUT IS IT ECONOMICALLY FEASIBLE TO DEVELOP
THIS PROPERTY WITH LESS THAN 120 HOMES OUT THERE".
DISCUSSION. VOTE: CARL STEPHENS, JR,: NAY; MARC CLINCH: AYE;
TOM BROWN: AYE; BILL FERNANDEZ: NAY; ROSANNE KARR: NAY.
MOTION DID NOT CARRY.
MOTION BY BOARD MEMBER FERNANDEZ. "I'LL PUT A MOTION ON
THE FLOOR, THAT WE RECOMMEND, WHAT'S THE NEXT LEVEL UP
FROM R-l ?". MR. GIUMMS REPLIED', "R-IAA".
BOARD MEMBER FERNANDEZ CONTINUED, "I'LL RECOMMEND, THAT
WE RECOMMEND TO THE CITY COUNCIL BASED ON THE FINDINGS OF
ROMAN NUMERAL THREE OF THE STAFF REPORT, THAT THE CITY
COMMISSION APPROVE PROPOSED ZONING CHANGE FROM COUNTY A-
10 "AGIUCULTURE" (1 DUII0 ACRES MAXIMUM) TO THE CITY'S R-lAA
ZONING (10,000 SQUARE FEET MINIMUM LOT SIZE), NINETY (90) WIDTH,
CONTINGENT UPON THE APPLICANT RECEIVING APPROVAL FOR
THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT
CHANGE FROM COUNTY R-I0 "RURAL" FUTURE LAND USE MAP
DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5
DU/ACRE) FUTURE LAND USE MAP DESIGNATION". BOARD MEMBER
ROSANNE KARR SECONDED, DISCUSSION. VOTE: MARC CLINCH: AYE;
TOM BROWN : AYE; BILL FERNANDEZ: AYE; ROSANNE KARR: AYE;
CARL STEPHENS, JR,: AYE; MOTION CARRIED.
III. FUTURE AGENDA ITEMS
Discussion ensued regarding if invitations were extended to the City Attorney and Ms.
Jimette S. Cook, Code Enforcement Officer to come and speak to the Board; By-laws;
fluoridation of the City water, updating the Topic Index; maintaining the Topic Index; the
Land Deve]opment Regulations; the 48lh Annua] Florida Planning and Zoning Conference
at Daytona Beach; the State moving towards giving the Local Planning and Zoning
Agencies more authority; the Evaluation Appraisal Report (E.A.R); the deadline to adopt
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING 1l0ARD/LPA
REGULAR MEETING - OCTOBER 6, 1999
Page 4 of 4
the School Collocation Large Scale Comprehensive Report; getting copies of maps to the
Board; the paving of Citrus Road; and bridle easements.
IV. ADJOURNMENT
By consensus of the Board, the meeting was adjourned at 8:10 p.m.
Note: Due to technical difficulties a portion of the meeting is not available.
Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office
City of Winter Springs, Florida
APPROVED:
CARL STEPHENS, JR., CHAIRMAN
PLANNING and ZONING BOARDILP A
NOTE: These minutes were approved at the
,1999 Planning And Zoning BoardlLPA Meeting.
DOCSlboardslplanninglall/minutesl 100699 .doc
MINUTES OF NOVEMBER 3, 1999
LOCAL PLANNING AGENCY MEETING
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LP A
REGULAR MEETING
NOVEMBER 3, 1999
I. CALL TO ORDER
The Planning And Zoning BoardlLP A Regular Meeting was called to order Wednesday,
November 3, 1999, at 7:00 p.m. by Chairman Car] Stephens, Jr., in the Commission
Chambers of the Municipa] Bui]ding (City Hall, 1126 East State Road 434, Winter
Springs, F]orida 32708). The Pledge of Allegiance followed.
Roll Call
Carl Stephens, Jr., Chairman, present
Marc Clinch, Vice Chairman, present
Tom Brown, absent
Bill Fernandez, present
Rosanne Karr, arrived at 7:08 p.m. ,
Also Present
Charles Carrington, AICP, Community Development Department, Director
Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
Anthony A. Garganese, City Attorney
Approval Of the October 6, 1999 Planning And Zoning Board/Local
Planning Agency Meeting Minutes
The Board discussed changing the word "width" (page two, second paragraph) to
"depths" so the paragraph would read as: "Discussion followed regarding the location of
the property; the boundaries; the lot widths; and the lot depths of other neighboring
properties. "
MOTION BY BOARD MEMBER BILL FERNANDEZ. "I MOVE TO APPROVE
THE MINUrES OF OCTOBER 6, 1999 REGULAR MEETING WITH THE
CORRECTION DISCUSSED". SECONDED BY BOARD MEMBER MARC
CLINCH. THE BOARD AGREED TO THE MOTION BY CONSENSUS.
MOTION CARRIED.
II. REGULAR AGENDA
Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator introduced
the Board to the new City Attorney, Anthony A. Garganese. The Board welcomed
CITY OF WINTER SPRINGS
MINIJTES
I'LANNING ANI) ZONING 1I0AIW/I.I'A
REGULAR MEETING - NOVEMBER 3, )l)')l)
Page 2 of 8
Attorney Garganese to the meeting and requested that in the future the by-laws be
reviewed with the City Attorney present.
A. Discussion with Charles Carrington, AICP
Community Development Director
Mr. Charles Carrington, Community Development Department Director introduced
himself to the Board and spoke of the importance of the Planning and Zoning Board; of
the many "functions" of Planning and Zoning; the "strategy" of annexation; and a joint
meeting of the City Commission and the Planning and Zoning Board in the future.
Board Member Rosanne Karr arrived at 7:08 p.m.
Discussion followed regarding annexations; the Board being informed of pending issues;
and Staff keeping the Board informed of any annexations in the future.
B. Tuscawilla pun Parcel 7 and Parcel 8
Large Scale Comprehensive Plan Amendment
Mr. GrimIns stated that the applicant, Tuskawilla Investors, Inc. is applying for a change
of Future Land Use Map designation from "Recreation" to "Lower Density Residential"
(1.1 - 3.5 DU per acre). He read the findings from Agenda Item II. B., and the
Development Review Committee (DRC) recommendation to the Local Planning Agency
(LP A).
The Board discussed the Development Review Committee's meeting of October 19,
1999; the Second Amendment to the Mikes Settlement Agreement; and that any changes
regarding the Future Land Use Map should come before the Board for some kind of
recommendation.
Chairman Stephens asked if anyone would like to speak from the audience.
John Howell, Holland & Knight Law Firm, Orlando, Florida: advised the Board that he
represents the ,applicant. He then introduced Steve Loveland and Rob Holland, Marsh
Land Development Company; and Joel Ivey, Ivey, Harrison and Wahl. Discussion
ensued that James Mikes is not involved in this project; that the tennis courts and
swimming pool will not be removed: the background of the parcels since 1971; and that
the applicant will return with a propos a] in the future.
Discussion ensued regarding the property boundaries; the golf course; that there are no
drawings or plans for the parcels at this time; the creek; that the entrance would be within
the legal description; and traffic.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LPA
REGULAR MEETING - NovEMBER 3.1999
Page 3 of 8
Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: asked what impact this would
cause to the golf course; creek drainage; and diminishing the conservation area and the
golf course.
Dan Dyche, 846 Bentley Green Circle, Winter Springs, Florida: spoke of his concern that
the green area in the community "can just be given away"; and asked if there is a specific
plan for the parcels. Mr. Dyche also spoke about the driving range and St. Johns River
Water Management District.
Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: asked if this a
"done dea]".
Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke of her concern with
downstream flooding; that the elevation map was done numerous years ago; asked if a
high water mark was ever determined; and inquired about the flood zone plan.
Tape I/Side 8
Iris Mennens, 4551 Creekside Circle, Winter Springs, Florida: asked that the developer
keep the trees and the beauty of the land,
Mr. Grimms spoke of the Arbor Ordinance; the commitment of the City to protect the
trees; that the developer must conform to the City's regulations; the court agreement;
many surrounding developments were at higher density than Parcel 7 and Parcel 8; and
that the citizens should "have confidence" in the City Regulations.
Rolf Utegaard, 797 Austin Court, Winter Springs, Florida: spoke of being on the
Tuscawilla Task Force; Settlement Agreements; and of "past promises."
Al Partington, 1456 Mt. Laurel Drive, Winter Springs, Florida: spoke of being a
member of the Tuscawilla Task Force; the possibility of losing the lighting of the tennis
courts; and the golf practice facility.
John Howell explained that the applicant will not eliminate any of the amenities that
presently exist; the parcels combined will have a total of sixty-five (65) single family
units; that many upgrades have already been completed; and that community meetings
will be held.
Mr. Grimms explained that the applicant is requesting a change of Future Land Use Map
designation from "Recreation" to "Lower Density Residentia]" (1.1 - 3.5 DU per acre).
In light of the comments made before the Board, discussion ensued between the Board
and the City Attorney regarding the validity and enforceability of the Second Amendment
CITY OF WINTU~ SPRINGS
MINUTES
PLANNING AND Z.ONING IJOAJ{D/U'A
REGULAR MEETING - NOVEMBER 3.1999
Page 4 or8
to the Settlement Agreement and the court's jurisdiction to enforce any provision of the
settlement agreement.
MOTION BY BOARD MEMBER FERNANDEZ, "MR. CHAIR, I WILL
RECOMMEND THAT-LET ME FIND WHAT THEIR FINDINGS AND
RECOMMENDATIONS WERE-AND RATHER THAN GO THROUGH THE
ENTIRE SET OF ROMAN NUMERAL FOUR FINDINGS, SUFFICE IT TO SAY,
ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN SPECIFIC BULLET POINT
FINDINGS AS WELL AS THE ONE THAT YOU INDICATED MR. CHAIR TO
WIT THAT THE DEVELOPMENT CONFORM TO THE EXISTING
DEVELOPMENT AGREEMENT THAT ANY DEVELOPMENT MEETS ALL
THE CURRENT REGULATIONS OF THE CITY, I WOULD RECOMMEND
THAT THE CITY COMMISSION TRANSMIT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS, THAT THE CERTAIN LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT LG-CP A-3-99 DEALING WITH THE
TUSCAWILLA PARCEL SEVEN AND EIGHT".
BOARD MEMBER FERNANDEZ CONTINUED, "THEN I WILL ADD TO THE
MOTION THAT THE CITY COMMISSION THEN SCHEDULE AN
APPROPRIATE SECOND PUBLIC HEARING TO ADOPT THE PLANNED
AMENDMENT AFTER RECEIVING THE ORC REPORT (OBJECTIONS,
RECOMMENDATIONS AND COMMENTS REPORT) FROM THE
DEPARTMENT OF COMMUNITY AFFAIRS",
Chairman Stephens passed the gavel to Vice Chairman Marc Clinch.
SECONDED BY BOARD MEMBER CARL STEPHENS. DISCUSSION. VOTE:
MARK CLINCH: NAY; BILL FERNANDEZ: AYE; ROSANNE KARR: NAY;
CARL STEPHENS: NAY. MOTION DID NOT CARRY,
Discussion followed regarding the procedures of the Planning and Zoning Board
recommendations being forwarded to the City Commission; public attendance at the
December 13, 1999 City Commission Regu]ar Meeting; and other motion(s).
Vice Chairman Clinch passed the gave] to Chairman Stephens.
MOTION BY VICE CHAIRMAN CLINCH, "I MAKE A MOTION TO NOT
RECOMMEND THAT THE CITY COMMISSION FORWARD THIS PLAN TO
DCA (DEPARTMENT OF COMMUNITY AFFAIRS)."
BOARD MEMBER CLINCH CONTINUED, "AND ALSO NOT TO ADOPT THIS
PLAN", BOARD MEMBER ROSEANNE KARR SECONDED. DISCUSSION.
CITY OF WINTER SPIUNGS
MINUTES
!'LANNING AND ZONING BOAHD/LI'A
REGULAR MEETING - NovEMBER 3.1999
Page 50r8
VOTE: BILL FERNANDEZ: NAY; ROSANNE KARR: AYE;
STEPHENS: AYE; MARK CLINCH: AYE. MOTION CARRIED,
CARL
C. Elizabeth Morse Foundation Rezoning [ REZ-4-99 ]
Large Scale Comprehensive Plan Amendment
Mr. Grimms stated that the applicant is requesting a change of Future Land Use Map
designation from County R-IO "Agriculture" (1 DU per 10 acres maximum) to the City's
"Lower Density Residential" (1.1-3.5 DU per acre); the purpose; the findings; and the
DRC's (Deve]opment Review Committee) recommendation.
The Board discussed the background of the present request of the applicant; the site
location and boundaries; neighboring developments; and the drainage.
Randy Kirkwood, Harling Locklin Associates; spoke of his company being the Planner
and Engineer for the project; the drainage culvert; the land recently being surveyed; and
the site compatibility. '
The discussion continued regarding a possible request for R-IA zoning; the price of the
homes; and if the Board's recommendation would be submitted with the Board's prior
recommendation.
Janine Ball, 1914 Springs Avenue, Winter Springs, Florida: spoke of her concern of the
lot widths in regards to the size of the home.
MOTION BY BOARD MEMBER FERNANDEZ, "BASED ON THE FINDINGS
UNDER ROMAN NUMERAL FOUR, THE ONE, TWO, THREE, FOUR
BULLETS THAT ARE CONTAINED THEREIN, I WILL MAKE A MOTION TO
THE CITY COMMISSION THAT THEY HOLD A FIRST TRANSMITTAL
PUBLIC HEARING AND TRANSMIT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS, THE PROPOSED LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT, LG-CPA-2-99 TO CHANGE FROM
COUNTY FUTURE LAND USE MAP (FLUM) DESIGNATION R-IO
"AGRICULTURE" (1 DU PER 10 ACRES MAXIMUM) TO THE CITY'S
FUTURE LAND USE MAP DESIGNATION OF "LOWER DENSITY
RESIDENTIAL" (1.1-3.5 DU PER ACRE) FOR THE ELIZABETH MORSE
FOUNDATION PROPERTY ON THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PLAN LAND USE ELEMENT VOLUME TWO OF TWO,
AND FURTHER TO HOLD A SECOND PUBLIC HEARING AFTER
RECEIVING THE ORC (OBJECTIONS, RECOMMENDATIONS AND
COMMENTS) REPORT FROM THE DEPARTMENT OF COMMUNITY
AFFAIRS TO ADOPT THE PLAN AMENDMENT."
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOAJW/LPA
REGULAR MEETING - NOVEMBER 3.1999
Page 6 of 8
MOTION BY CHAIRMAN STEPHENS. "CAN I AMEND THAT TO ALSO
INCLUDE IN THAT MOTION OUR RECOMMENDATION FROM THE
OCTOBER 6TII MEETING TO ACCOMPANY THAT MOTION."
MOTION BY BOARD MEMBER FERNANDEZ. "SO MOVED." BOARD
MEMBER ROSANNE KARR SECONDED. DISCUSSION. VOTE: BILL
FERNANDEZ: AYE; ROSANNE KARR: AYE; CARL STEPHENS: AYE;
MARK CLINCH: AYE. MOTION CARRIED.
D. Town Center
Large Scale Comprehensive Plan Amendment
Mr. Grimms stated that the "City intends to carry out the mandated Policy 3)c under
Objective A of Goal 1 of the Traffic Circulation Element"; spoke of the findings; and the
suggested DRC recommendation to the LP A.
Discussion ensued regarding the property boundaries; the pending agreement with the
Schrimsher property; the Cross Seminole' Trail; the traffic from the high school; the
Future Land Use Map Amendment; the goals, and policies and objectives of the Town
Center.
Tape 21Side A
MOTION BY.BOARD MEMBER CLINCH. "I'D LIKE TO MAKE A MOTION
THAT THIS BODY RECOMMEND TO THE CITY COMMISSION TO
APPROVE THE PROPOSED CHANGE ZONE FUTURE LAND USE MAP
DESIGNATION FROM "MIXED USE", "COMMERCIAL", "RUSTIC
RESIDENTIAL", "CONSERVATION", "RECREATIONAL", AND "PUBLIC
BUILDINGS" TO TOWN CENTER DISTRICT," BOARD MEMBER KARR
SECONDED.
BOARD MEMBER CLINCH AMENDED THIS MOTION BY ADDING,
"AMEND MY MOTION TO INCLUDE ALSO A RECOMMENDATION TO
HOLD A SECOND PUBLIC HEARING, AFTER RECEIVING AND
REVIEWING THE ORC (OBJECTIONS RECOMMENDATIONS AND
COMMENTS) REPORT, TO ADOPT THE PLAN, LG-CPA-1-99." BOARD
MEMBER KARR SECONDED THE AMENDMENT. DISCUSSION. VOTE:
ROSANNE KARR: AYE; CARL STEPHENS: AYE; MARK CLINCH: AYE;
BILL FERNANDEZ: AYE. MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOAIW/U'A
REGULAR MEETING - NOVEMBER 3.1999
Page 7 of 8
E. Lamoureux Property
Small Scale Comprehensive Plan Amendment
Mr. Grimms read for the record a letter addressed to Chairman Stephens from the City of
Oviedo (Attachment "A"). Mr. Grimms spoke to the Board on various issues regarding
the letter.
The Board discussed the Battleridge Agreement; the applicant's request; what land use
designations are surrounding the Lamoureux property; that site plans and detailed
engineering drawings will be provided in the development review; neighboring
commercial properties; "C-l" categories; Winter Springs Executive Park; and the
possibility of a developer's agreement.
MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE
INFORMATION PROVIDED AND THE FINDINGS AS INUMERATED UNDER
ROMAN NUMERAL THREE, THE SEVEN DIFFERENT FINDINGS THERE,
I'LL RECOMMEND THAT THE CITY COMMISSION APPROVE A SMALL
SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING (FLUM) THE
FUTURE LAND USE MAP DESIGNATION OF THE 2.5 ACRE LAMOUREUX
PROPERTY FROM COUNTY SUBURBAN ESTATES (1 DU PER ACRE) TO
COMMERCIAL BASED ON THAT THE OWNER AGREE TO ENTER INTO A
DEVELOPERS AGREEMENT WITH THE CITY OF WINTER SPRINGS TO
DEVELOP THIS PROPERTY AND COMPLY WITH ALL OF THE
REQUIREMENTS OF THE 434 CORRIDOR PLAN".
AMENDMENT TO THE MOTION BY BOARD MEMBER CLINCH. "I'D LIKE
TO AMEND THAT MOTION, AND TO BE CONSISTENT WITH THE
BATTLERIDGE AGREEMENT, DATED JANUARY 26, 1999." DISCUSSION.
BOARD MEMBER FERNANDEZ ASKED BOARD MEMBER CLINCH, "ARE
YOU TRYING TO LIMIT IT, MARK, TO WHAT'S MENTIONED IN THIS-
WHAT IS HE, MAYOR-CHAIRMAN, A AND B POINTS DEALING WITH THE
SIZING OF THE TRUNK LINES SUFFICIENT ONLY TO PROVIDE WATER
AND SEWER TO THE BATTLERIDGE PROPERTY AND NO OTHER
SURROUNDING PROPERTIES"? BOARD MEMBER CLINCH RESPONDED,
"YES, THAT'S WHAT I'M TRYING TO ACHIEVE THERE".
SECONDED BY BOARD MEMBER CLINCH.
VOTE (ON THE MOTION): CARL STEPHENS: AYE; MARK CLINCH: AYE;
BILL FERNANDEZ: AYE. (BOARD MEMBER KARR DID NOT VOTE).
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
PLANNING ANI) ZONING BOAIWfLl'A
REGULAR MEETING - NOVEMBER 3.1999
Page 8 of 8
III. FUTURE AGENDA ITEMS
· By-Laws
Discussion followed regarding passing the gavel; voting conflicts; and financial gains or
losses.
IV. ADJOURNMENT
By consensus ofthe Board, the meeting was adjourned at 10:05 p.m.
Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office
City of Winter Springs, Florida
APPROVED:
CARL STEPHENS, JR., CHAIRMAN
PLANNING and ZONING BOARDfLP A
NOTE: These minutes were approved at the
. 1999 Planning And Zoning BoardfLP A Meeting.
DOCSlboardsfplanninglallfminutesl110399.doc