HomeMy WebLinkAbout2008 01 14 Public Hearings 505 Ordinance 2007-24 Small Scale FLUM AmendmentCITY COMMISSION
ITEM 505
Consent
Information
Public Hearin X
Re ular
January 14, 2008
Meeting
~` /
Mgr./Dept
REQUEST: The Community Development Department -Planning Division requests the City
Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-24, a
Small Scale FLUM Amendment changing the Future Land Use Map designation of 7.54 acres,
located on the south side of Winter Springs Blvd., immediately west of Howell Creek and the
Chelsea Parc at Tuscawilla Subdivision from (Winter Springs) "Recreation and Open Space" and
"Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential"
(3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas).
PURPOSE: To consider the applicant's request for a Small Scale FLUM Amendment changing
the Future Land Use Map designation of 7.54 acres of Parcel ?from (Winter Springs) "Recreation
and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs)
"Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those
affected areas) to make it consistent with the development rights granted to the property by a
Settlement Agreement.
APPLICABLE LAW AND PUBLIC POLICY
Settlement Agreement:
Final Order approving Settlement Agreement and amended Settlement Agreement No. 1, recorded
Apr. 14, 1994 at Book 3102, Page 1354 Public Records of Seminole County, Florida as amended by
Second Amendment to Settlement Agreement recorded Oct 22, 1996 at Book 3156, Page 0454,
Public Records of Seminole County, Florida as amended by
Third Amendment to Settlement Agreement approved by Winter Springs City Commission October
2, 2007 and recorded December 5, 2007 at Book 06881, pages 235-270, Public Records of Seminole
County. [This amendment allows the development of the "development area" of parcel 7 into a
maximum of 60 condominium units.]
Before the Settlement Agreement can be implemented, further approvals are required. These include
an amendment to the Comprehensive Plan changing the Future Land Use Map, an amendment to the
Tuscawilla PUD Master Plan, as well as approvals pursuant to the other local, state, and federal rules
and regulations.
January 14, 2008
City Commission Public Hearing Item 505
Page 2 of 11
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;
Whether the proposed amendment will have a favorable orunfavorable-effect on the city's budget,
or the economy of the city or region;
(1) Whether the proposed amendment will diminish the level of service (LOS) of public
facilities
(2) Whether there will be a favorable or unfavorable impact on the environment or the
natural or historical resources of the city or the region as a result of the proposed
amendment;
(3) Whether the proposed amendment is consistent with the goals, objectives, and policies of
the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East
Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida
Administrative code;
(4) Whether the city is able to provide adequate service from public facilities to the affected
property, if the amendment is granted, and whether the amendment will promote the cost
effective use of or unduly burden public facilities;
(5) Whether the amendment is compatible surrounding neighborhoods and land use;
Whether approval of the amendment will cause the comprehensive plan to be internally
inconsistent; Whether the proposed amendment will promote or adversely affect the
public health, safety, welfare, economic order, or aesthetics of the city or region; and
(6) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to
163.3191, Florida Statutes.
Section 15-37. Local Plannin~gency 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.
January 14, 2008
City Commission Public Hearing Item 505
Page 3 of 11
CHRONOLOGY:
July 31, 2007- Application received for Comprehensive Plan Future Land Use Map amendment.
Sept. 4, 2007- Submittal of revised Application for Comprehensive Plan Future Land Use Map
amendment.
Sept 10, 2007-City Commission approved Conceptual Development Plan for construction of 60
condominium units on Parcel ?based upon conveyances of conservation lands
satisfactory to the Commission.
Oct. 2, 2007- City Commission approved Third Modification of the Settlement Agreement
between the City and the Tuscawilla Country Club to facilitate proposed
development of Parcel 7 and the construction of a 150 foot cell tower and related
conveyances of conservation lands to the City.
Nov. 7, 2007- Local Planning Agency heard the request and made recommendation of Approval
to the Commission.
Nov 26, 2007-First Reading of Ordinance 2007-24
Dec 27, 2007- Public Noticing in Orlando Sentinel (10 days min. prior to adoption)
Jan. 14, 2008- Second Reading /Adoption of Ordinance 2007-24
CONSIDERATIONS:
Applicant(sl - Dave Schmitt Engineering, Inc. (407) 207-9088
Owner s - Winter Springs Golf LLC c/o RDC Golf Group);
React Land LLC; & Matthew Galvin
Contract Purchaser - Congressional Homes and Developers of Florida
Tom Corkery, Principal; 1491 East SR 434, Unit 103; Winter Springs, FL
General Location - south side of Winter Springs Blvd.; immediately west of Chelsea Parc at
Tuscawilla Subdivision, and just east of and including a portion of the
existing tennis courts at the Tuscawilla Golf and Country Club.
Parcel Number(s) - portion of Parcel ID: 31-20-31-SBB-0000-OOSD
& portion of Parcel ID: 31-20-31-SBB-0000-004A
Le>?al Description -
A PORTION OF LOT 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED !N
PLAT BOOK i, PAGE 38, OF THE PUBLIC RECORDS OF SEMNIOLE COUNTY, FLORIDA. LYING tN SECTION 7,
TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FL~tIDA, BE1NG A1ORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE t. AS
REC~2DED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG 'THE SOUTH LINE OF TRACT A, CHELSEA
PARC AT TUSCAWILLA PHASE 1, PLAT 90Ot{ 49, PAGES 82'83 Nt~2TH 65`11'45' WEST, A pISTANGE OF
105,08 FEET; THENCE DEPARTING .THE SOUTH LINE OF TRACT A, CHELSEA PARE AT TUSGAWtLLA, PHASE
I, PLAT 300K 45, PAGES 82--83 NORTH 87'?t'25" WEST, A RISTANCE OF 448.41 FEET TO 7HE POINT OF
BEGINNING; THENCE NORTH 87'21'29" WEST: A DISTANCE pF 113.54 FEES; THENCE Nt1F2TH 87'55'28"
WEST, A DISTANCE OF 138.13 FEET; THENCE SOUTH 23`12'11" WEST, A DISTANCE OF fi8.56 FEET;
THENCE NORTH 88'47'49" WEST, A DISTANCE OF 191.45 FEET; THENCE NORTH 23'f2'lY EAST; A
DISTANCE OF 115.89 FEET; THENCE SOUTH 89'44'14" EAST,. A DISTANCE OF 78.14 FEET; THENCE NORTH
00'15'48" EAST, A DISTANCE Cf 118.55 FEET; THENCE NORTH 81'13'03" EAST. A DISTANCE OF 11.74
FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.88 FEET; THENCE NORTH 00'26'43" EAST. A
DISTANCE OF 193.84 FEET; THENCE SOUTH 88'58'38" EAST, A DISTANCE ~ 239.33 FEET. TO A POINT
OF GURVAIURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF ?,?92.44 FEET, A CENTRAL
ANGLE ~ 12'18'30" AND A CHORD DISTANCE OF 491.51 FEET Wrl1CH BEARS SOUTH $3'49'24" .EAST;.
THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 48?.46 FEET; THENCE SOUTH
42`07'#5' WEST, A DISTANCE OF 154.19 FEET; THENCE SOUTH 70'22'15" WEST, A DISTANCE OF' 409.14
FEE?; THENCE SOUTH 88'48'03" WEST, R DISTANCE OF 178.54 FEET; THENCE NORTH 85'53'#5" WEST, A
DISTANCE ~' 88.79 FEET; THENCE NC2i7H 88'48'42° WEST, A 01S'tANCE OF 80.84 FEET; THENCE SOUTH
00'p4'17' WEST. A DISTANCE OF 126,75 FEET; THENCE SOUTH 29'35'27" WE57 A OESTANCE OF 7{7.03
FEET; THENCE SOUTH 00'23'58' WEST, A DISTANCE OF 188.28 FEET TO THE POINT OF BEGINNING.
CONTAINWG 7.54 ACRES (3?8,635 SQUARE FEET, MORE OR LESS.
January 14, 2008
City Commission Public Hearing Item 505
Page 4 of 11
Existing Land Use -The property is vacant and undeveloped. It is vegetated and includes uplands,
wetlands, and a portion of the Howell Creek floodway and flood plain. Adjacent existing land uses,
zoning and FLUM designations include the following:
Requesting Medium Density Residential with
Vegetated Uplands, Wetlands, & a Conservation Overlay on those affected areas
Subject Site portion of the Howell Creek Flood PUD (WS (WS) from Recreation and Open Space with
Plain and Floodway Conservation Overlay on those affected areas
WS
North Wedgewood Tennis Villas Single pUD WS
( Medium Density Residential with Conservatio
_.__.__.___ Family Residential Subdivisi_on_
~- __ __
__
~ Overlay on those affected areas (WS) _ -
Tuscawilla Country Club Golf Recreation and Open Space with Conservation
South Course, Vegetated Uplands, Howell PUD (WS Overlay on those affected areas (WS)
Creek Flood Plain and Floodwa
Howell Creek and Chelsea Parc High Density Residential with Conservation
East Phase 2 Single Family Residential PUD (WS Overlay on those affected areas (WS)
Subdivision
West Tuscawilla Country Club Tennis pUD W
( S Recreation and Open Space with Conservation
Courts Overla on those affected areas WS
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends - The proposed development, known as Tuscawilla Greens includes fifteen
(15) buildings of four (4) units each, equaling sixty (60) condominium units. A cell tower was
recently approved on a small portion (approximately 50'x50', of parcel 8) of the Tuscawilla Country
Club Golf Course property to the west.
Proposed Future Land Use Classification -The applicant is requesting a change in the future land
use map designation from Recreation and Open Space with Conservation Overlay on those affected
areas (WS) Residential with Conservation Overlay on those affected areas (WS) to Medium Density
Residential with Conservation Overlay on those affected areas (WS).
Letters/Phone Calls in Favor or Opposition -Several inquiries for information.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The maximum development potential of the 7.54-acre site under a "Medium Density Residential"
designation is 67 residential units. However, the Settlement Agreement binds the site to no more
than 60 condominiums. Therefore, the following analysis is based on the impact of 60 units.
Data and issues which staff analyzed in reviewing this application are as follows:
Justification for Future Land Use Desi ng a~ -The requested future land use map designation is
necessary to implement the terms of the Settlement Agreement and is compatible with the general
character of development in this area.
Public Facilities -
Transportation- Access is available from Winter Springs Boulevard. Winter Springs Blvd. is
classified as a collector road. A trip generation summary (prepared by GMB Engineers & Planners
for the Applicant) indicates that the net impact of the maximum development potential under the
proposed land use amendment is an additiona1474 daily trips (ITE Code 230) and an additiona145
peak PM trips. Winter Springs Blvd. currently operates at a LOS D. All roadway segments are
projected to operate acceptably with the addition of the project traffic.
January 14, 2008
City Commission Public Hearing Item 505
Page 5 of 11
Sanitary Sewer- An 8" sanitary sewer outfall line also extends into the property from the golf course
and extends along the south side of the Winter Springs Blvd. right of way. Capacity is available.
Potable Water- A 12" potable water line extends along the north side of Winter Springs Blvd.
Capacity is available.
Drainage- Stormwater runoff from the site currently discharges into Howell Creek, which discharges
into Lake Jesup. Lake Jesup is an impaired water body due to excessive levels of nitrogen and
phosphorous. The Total Maximum Daily Load (TMDL) program mandated by the State requires
reductions in pollutant discharges in the Lake Jesup Basin to restore the lake's water quality. Due to
the site's proximity to Howell Creek, stormwater treatment shall meet SJRWMD criteria for no net
increase in the post-development phosphorous loading.
Recreation- Purchasers of the condominium units will receive a minimum level recreational
membership at the Tuscawilla Golf and Country Club, as stated in the Settlement Agreement for
purposes of satisfying the City's recreation level of service requirements under the Comprehensive
Plan. One battery of tennis courts will require relocation as a result of the development.
Additionally, the Developer has agreed under the terms of the Settlement Agreement to construct an
additional battery of tennis courts on golf course property.
School Concurrency- Prior to final site or subdivision plan approval, the developer will be required
to obtain a School Capacity Availability Letter Determination (SCALD) from Seminole County
School Board to ensure that necessary school facilities are in place as required under the terms of the
2007 Interlocal Agreement for Public School Facility Planning and School Concurrency and the
Public School Facilities Element of the Comprehensive Plan.
Nuisance Potential of Proposed Use to Surrounding Land Uses -
The requested future land use map designation is compatible with the general character of
development in this area which includes High Density Residential, Medium Density Residential and
Recreation and Open Space. Additionally, the City has development standards in its land
development regulations to minimize impacts on surrounding properties through buffering. The
City's land use development regulations and the site plan review process can ensure the prevention
or minimization of any potential nuisances.
Justification for Future Land Use Desi nation -The requested future land use map designation is
necessary to implement the terms of the Settlement Agreement and is compatible with the general
character of development in this area.
Natural Lands Compatibilit~-
Environmental concerns include impact to the Howell Creek floodway, the 100-year flood plain and
existing on-site wetlands, reduction in wildlife habitat and tree canopy. The site is heavily vegetated
and its development into residential units will have significant environmental impacts which are
required to be mitigated.
An individual Environmental Resource Permit (ERP) is being sought through the SJRWMD in order
to carry out the development.
January 14, 2008
City Commission Public Hearing Item 505
Page 6 of 11
Floodway-
Howell Creek is a major regional floodway that flows through the site from south to north across the
southeast portion of the property. Howell Creek originates in the City of Orlando and runs for
approximately 15 miles to its discharge point at Lake Jesup. Howell Creek is the predominant
drainage feature in the Howell Creek Basin, which has an overall watershed area of approximately
55 square miles and encompasses ten jurisdictions in Central Florida.
At the proposed site, the FEMA flood maps identify Howell Creek as being within the 100-year
floodplain. The 100-year floodplain is an area representing the land subject to cone-percent or
greater chance of flooding in any given year. At a creek or river, the FEMA flood maps frequently
divide the area of the 100-year floodplain into a "regulatory floodway" and a "floodway fringe" (see
sketch below).
104 Year FloadD~~
144Year 140Yeat
Uner+craad+ed - ~ Encroached
~..____
Floodway $ ~ ~~
Frk~r~e
Frinps
(a~ [tea Sec~-o++
(bj pisx~ V'upw
The regulatory floodway is the flowing portion of the drainage channel and is considered an
extremely hazardous area due to the velocity of floodwaters which carry debris, potential prof ectiles,
and erosion potential (ref. City Code Section 8-55, below).
Section 8-55 of the City Code, Standards for regulatory floodways, states "When floodways
are designated within areas of special flood hazard, additional criteria will be met. Since
the floodway is an extremely hazardous area due to the velocity of floodwaters which carry
debris, potential projectiles, and erosion potential, the following provisions shall apply:
.._,....., Fringe
Fringe
January 14, 2008
City Commission Public Hearing Item 505
Page 7 of 11
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other developments.
(2) The prohibition shall not preclude the city or other governmental agency from
performing maintenance or flood control improvements in the floodway to maintain the
viability of the floodway. "
Because of its hazardous nature, all encroachments into the regulatory floodway are prohibited under
the City Code, including fill. The floodway fringe is the area between the floodway and the 100-
year floodplain boundaries. Encroachments into the floodway fringe are not prohibited by the City
Code but are not recommended due to the impacts these encroachments could have on the channel
cross section and the hydraulic performance of the channel.
The proposed development plan shows two encroachments into the regulatory floodway. One is at
the building located at the east end of the east cul-de-sac, and the other is at the proposed stormwater
pond at the south end of the site. These encroachments are prohibited by City Code and cannot be
allowed unless the floodway limits on the FEMA map are officially moved by a Letter of Map
Revision (LOMR). The developer has indicated that they intend to pursue a LOMR through FEMA
to relocate the floodway limits based on inaccuracies on the existing flood map. The floodway
limits for Howell Creek on the flood map do not coincide with the actual limits of Howell Creek in
some areas, especially near the north end of the site where the creek meanders to the east. Staff
supports changes to the flood maps that make them more accurate when sufficiently supported by
engineering analysis.
The Applicant is proposing two phases for the development. Phase I consists of 14 buildings and
includes all buildings that do not directly encroach into the regulatory floodway. Phase II includes
one building that encroaches into the regulatory floodway. Phase I includes two buildings that
impact the floodway fringe, and another three buildings that could impact the floodway fringe with
fill depending on how the site is graded. Each building contains four condominium units.
Encroachments into the floodway fringe are not recommended. Impacts to the floodway fringe can
be minimized through the use of retaining walls. The table below summarizes the 100-year
floodplain impacts as shown on the approved concept plan.
Summary of 100-Year Floodplain Impacts
Condominium Units
Encroaching the Existing
Re ulato Floodwa Condominium
Units Encroaching
the Floodwa Frin e Condominium Units that may impact
Floodway Fringe due to fill
Phase I 0 8 12
Phase II 4 0 0
Total 4 8 12
Floodplain-
The site lies within the 100-year and 500-year floodplains.
Comprehensive Plan Infrastructure Element Objective IV-D-3 states "The City shall restrict
development within the 100 year floodplain to those uses which will not adversely affect the
capacity of the floodplain to store water. "
January 14, 2008
City Commission Public Hearing Item 505
Page 8 of 11
Comprehensive Plan Infrastructure Element Policy IV-D-3.3 states "Where feasible, the
floodplain shall be reserved for conservation, open space and recreation uses to preserve the
natural flow of runoff. "
The floodplain issues can be mitigated by reengineering the floodplain and providing extra
compensatory storage to intercept some of the flow. Current volumes, velocity, and elevation
characteristics ofthe floodplain would be required to be maintained and compensating storage ponds
would be required to provide a stormwater storage volume equal or greater than the areas within the
floodplain that will be filled. The compensating storage areas are proposed on the golf property,
outside of the subject property.
Staff has concerns about possible encroachments into the 100-year floodplain at this site, for the
following reasons:
1. Howell Creek is a floodway of regional significance that drains a watershed 55 square miles in
area. Changes to the channel cross section, including encroachments into the floodway fringe,
could reduce the channel capacity and/or create additional adverse impacts.
2. Creek bank erosion has been a problem in the past at this location for several adjacent Chelsea
Parc properties abutting the east side of Howell Creek. In 2005, a creek bank stabilization
project was constructed along the east side of the creek under the City's emergency watershed
management agreement with the Natural Resources Conservation Service. The prof ect included
retaining walls and other erosion control items at a total cost of approximately $48,000 to the
City.
3. The compensating storage ponds are located upstream of the floodplain areas impacted by the
project. While the overall compensating storage volume maybe sufficient, the changes to the
channel cross section at the floodplain encroachment areas could still cause floodplain changes
not completely mitigated by the compensating storage ponds.
The applicant will be required to demonstrate the following:
1. No increase in the base flood elevation on any upstream, downstream, or adjacent property;
2. No changes in the channel velocity upstream, downstream, or at the site; and
3. Compensating storage ponds have adequate volume, are located in the same drainage sub-basin,
provide all compensating volume above the seasonal high groundwater level and below the base
flood elevation, and they are functional such that displaced stormwater runoff can be diverted
into the compensating storage ponds.
Wetlands-
The Applicant's ecological consultant (Breedlove, Dennis and Associates) has flagged the wetland
line, pursuant to the Army Corps of Engineers' criteria. According to the consultant's report, the
wetland is degraded and there were no observations or evidence of protected species on-site.
Under the proposed development plan, a total of 3.32 acres of on-site wetlands and .06 acres of off-
site wetlands will be filled as a result of the construction of the condominiums and associated
stormwater management system. Additionally, a total of .18 acre of upland cut ditch (surface water)
will be impacted as a result of the proposed development of the property. A Dept. of the Army.
Corps of Engineers Individual Permit is being sought concurrently with the SJRWMD ERP.
The 3.38 acres of wetland impacts is proposed to be mitigated by preservation of other wetlands,
January 14, 2008
City Commission Public Hearing Item 505
Page 9 of 11
creation of new wetlands and the preservation of undeveloped uplands. As part of the mitigation,
the developer is proposing to place the area of Howell Creek into a conservation easement.
The development potential of the site is as follows:
Mitigation Strate~y Building Units
1. No mitigation -avoiding wetlands, floodplain,
and floodway 12
2. Mitigating wetlands only 48
3. Mitigating wetlands and floodplain only 56
4. Mitigating wetlands, floodplain, and
floodway 60
Consistency With The Comprehensive Plan -
The site will retain its Conservation Overlay designation. Future Land Use Element Policy 1.1.7
states, "Properties that are designated as Conservation Overlay areas may potentially contain
wildlife habitat areas, hydric soils/wetlands (as defined in the Conservation Element), special
vegetative communities, areas within a public water well radii of S00 feet, 100 year floodplain
areas, and other areas subject to environmental or topographic constraints. Conservation
Overlay areas are subject to the following conditions for approval:
• A final determination of the suitability for development of any individual parcel, as it relates
to a Conservation Overlay area on the Future Land Use Map, shall be determined prior to
issuance of any development approval.
• The Conservation Overlay area on the Future Land Use Map is not to be considered the
exact boundary of the conservation area, but to act as an indicator of a potential
conservation area. The exact boundary shall be determined by a qualified professional at
the expense of the Developer.
• The Conservation Overlay area is not all inclusive and other areas that do notfall within the
boundaries that meet the definition of conservation areas are also subject to the regulations
affecting them.
• Development approval will be subject to an Environmental Impact Study as to the extent of
the impact of development or redevelopment for any lands within Conservation Overlay
areas.
• Natural resources discovered as a result of the required Environmental Impact Study will be
protected. The Environmental Impact Study will require that a qualified professional
analyze the natural functions of eco-systems and connectivity of resource corridors. A
conservation land use designation or a conservation easement will be required to protect the
functions of natural resources. Mitigation may be allowed on a case by case basis through
the appropriate reviewing agencies.
• If an area within the Conservation Overlay area is determined to be developable and all
mitigation requirements have been met, then the underlying land use on the Future Land Use
Map will apply.
• A change from Conservation Overlay to a Conservation Land Use designation will not
require State approval if the area is already shown as Conservation Overlay on the Future
Land Use Map.
January 14, 2008
City Commission Public Hearing Item 505
Page 10 of 11
• Any property in a Conservation Overlay area is encouraged to undergo the planned unit
development procedure which includes site specific plan approval and the clustering of
density to protect these areas. "
Policy 1.4.1 of the Conservation Element in the city's Comprehensive Plan (CE) states, The City
shall continue to protect the natural functions of wetlands through the Conservation Overlay on
the Future Land Use Map and the Conservation Land Use category, as defined in the Future
Land Use Element.
Wetland, floodplain, and floodway mitigation issues on the subject property must be satisfactorily
addressed in order to permit the sixty residential condominium units to be constructed. All such
encroachments are subject to review and approval by the City and FEMA.
CE Policy 1.4.6 states, If direct impact on upon wetlands by compatible uses cannot be avoided,
the following mitigation measures are applicable:
• Mitigation will be allowed based upon no net loss of wetland functions.
• Comply with the wetland protection standards of federal, state, regional, and county
agencies.
• Minimize impacts through innovative design layouts.
• Compensate for impact by enhancing other degraded wetlands on-site, restore natural
functions of other wetlands on-site, create new wetlands on-site, preserve significant
upland areas, or off-site mitigation.
• A Wetland Alteration Permit must be obtained from the City unless federal, state, or
county permits eliminate the need to obtain one from the City, as determined by the City.
• Mitigation through restoration of degraded wetlands on-site or preservation of
significant upland areas on-site will be encouraged rather than wetland creation.
Sensitive environmental areas will be placed in a conservation easement (CE Policy 1.4.4).
No deviations from comprehensive plan requirements are permissible (Section 163.3194, FS).
FINDINGS:
(1) The proposed amendment will increase the property tax revenue generated by residential
properties in the City once the property is developed. This increase will be somewhat offset by the
cost of City services required.
(2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At
such time as the site develops, the proposed development will be required to meet concurrency
standards, so that impact on public facilities and services is accommodated.
(3) Impacts to the environment will be mitigated in a manner acceptable to the City so that 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. Sensitive environmental lands will be
required to be placed into a conservation easement.
January 14, 2008
City Commission Public Hearing Item 505
Page 11 of 11
(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) As an infill prof ect, surrounded by existing development, the proposed addition of condominium
units in this area will enable Winter Springs to provide services in a more efficient manner;
(6) The amendment is compatible with the surrounding neighborhoods and land use; Winter
Springs Blvd is an urban collector roadway which has capacity for the additional traffic.
(7) The amendment will not cause the comprehensive plan to be internally inconsistent; and
(8) The proposed amendment will not adversely affect the public health, safety, welfare, economic
order, or aesthetics of the city or region; and will not adversely affect the contents of any Evaluation
and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading and
Adoption of Ordinance 2007-24, a Small Scale FLUM Amendment changing the Future Land Use
Map designation of 7.54 acres, located on the south side of Winter Springs Blvd., immediately west
of Howell Creek and Chelsea Parc at Tuscawilla Subdivision from (Winter Springs) "Recreation and
Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium
Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas).
P&Z /LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning & Zoning Board/LPA on November 7, 2007, the Board /
Agency recommended unanimous approval of Ordinance 2007-24, with a vote of 4-0.
ATTACHMENTS:
A- Noticing in the Orlando Sentinel
B- P&Z/LPA Minutes from Nov. 7, 2007
C- Ordinance 2007-24 including Map & Legal Description
D- Future Land Use Map, November 2007
CITY COMMISSION ACTION:
ATTACHMENT A
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ido, Flortdo
addresses of
entative's ot•
bw.
]ededent and
clnims or de•
nt's estate on
notice Is re-
snd must file
court WITH-
' 3 MONTHS
E OF THE
)N OF THIS
~YS AFTER
2VICE OF A
60TICE ON
5 THE TIME
tTH ABOVE,
AFTERH!?
OF DEATH
icotian of this
7 SENTATIYES:
it Rodgers
alley Drive
Flortdo 31719
rd A. Rodgerz
1111 Ulysses
Cdorado 80101
ONAL'
ui~re
revue
~1, 28. 1007
ACTION
IS21 Autumn
I]BSE30 winneit
°D that on as
d for parllflon
ty In Seminole
wit: t90 Abbo
,rings, Florida,
nst you in the
r 18th Judicial
mlrale County,
os Alfonso and
s. Geeryye An-
so.: 06{A-4687
ed to serve o
in defenses, It
ds P. Gleason,
whose address
,Orlando, FI
vember is, 2007
with fix Clerk
before servlte
orney or imme-
otherwlse o de
sd a9oinst you
:d In the com•
r I, 2007
'suit Jud~~yye
Wrl1,1B,
The a
ed by
tnev may appear ar the meering
and may be heard with respect fo
IM proposed ordinance item.
S1S5460/0 102V07
CITY OF WINIER SPRINGS
LOCAL PLANNING AGENCY
WILL HOLD--
motle by fM Local Plonnin Agen-
cy with respect to anyY trgt~er,con
sidered at Thls meeTing, You will
need a record'of tM'prosrledings,
and for such purposes, yoV may
need to ensure~lfwt a verbatim re-
cord of the proceedMys Is made
uppn which the appeal Is hosed. In-
terested parties are advised that
the pmmgY. appear at thf! meeting
~s529°o3 a ~ ina,ce rte
, .:
NDTH)E:OF. PUBLIC N~MtNA.
You are herebyy ndtlfied~that;fhe
Belle Isle CITY Coundl will Fold at
tgPublic He~alr0in0 on TeesGry Nor}elber
[it~yHall Coun~cEliCh°mb~ef(as~s~
Neta Avenue Belle isl ,Florida
31809 at whicF meetln0 follow-
ing item(s) will be cons Bred:
1w
ee P N 1 •7ii7e-Yr ililq
-r W. B,4iendber ~d . npn•
Belinda' L. 8oteman; MMC
City Clerk
OL5517298 107!8/07
Rlr~ iLi~'I1 Lam[ 1.1~[i~
IN THE CIRCUIT COURT OF
THE NINTH JUDICIAL CIRCUIT
IN AND FOR GRANDE COUNTY,
FLORIDA
CAST N0: 10117-CA,-01~21-0
pp pp~(AA~5 ~~gDtrmwpor77
~RO~~N~~NMQRSGAG S
P dlntiff,'
' NOflCE Of SALE.
an IM tlsse F~{neablYJpu(dgmprietif of Forqa-'
n~ti cauce41Swl1tesmeU thr~~rop~er=-
`~p~ar5i~tla~tdepspcyry~bgepd~Q, ~GCEpCPod6nt~yp,
Tp(HAETrpLpApi~TNE~RTE•Opf~ifASS88RF~.OROEBQ IN
OpUtH~E PUBLI AIIECOADi t`OnnAH~
alWa 1td5ROMRlandavllle Drive,
Orlando, Flortdo 32824
at public sale, to 1M highest and
best bidder, for cash, the Orange
County Courthouse looted of 115
North Orange AvenueQ, Sulle 350,
Orlaqndo Florida, at 1fA0 e'dapk sza.
on Nar. ~, 20P7.
PUBLIC HEARINGS FOR AnY Person claiming on Interest In
the surplus from fM sole, if any,
pRpINANCE N0. 100118
~ ether then the pr perry owner os
t
f 1
AN ORDINANCE OF 7M C1TY
COMMISSION OF THE CITYOF
RINGS FLORIDA
R M date of tM Its xndens mus
o
file o claim within 60 days after
the sale
WINTE
SP
AMENDING CHAPT~R ~ ON•
~ .
.
rid
thl
d
d
Fl
0
NANCE9THERE~ATEO ~
DTO
PLANNED UNIT DEVELS+P•
F r~~
o,
a
a,
s
aY
coat 9
~ Lydia Gardner
rt
Cl
k
f iM I
it C
MENT; AMENDING THE DDt
I•
NITION OF GROSS RESIDEN• er
rcu
ou
o
(CIVIL COURT SEAL
TIAL ACRE AND PROVIDING A
DEFINITION AND DENSITY By: Lacorsha-Whitmore
ut Cls(k
/b
8~li
l
Lf
ilk
-FOR MIXED R SIDENTIAL
G
OF
l
6
E
PRO
D
t
PV0 Ysssras~8t~ww
s
ro
s
ryw
s
sce
s
el
o
eb
e
~
F
~r~r
c
c
T
~~
~
p
7 ~
~
M
M M
e~
eN w
e sn e
MNi~a
NOTICE OF PUBLIC SAIF
PERSONAL PROPERTY OF THE
FOLLOWING TENANTS WILL BE
SOLD FOR CASH TO SATISFY
RENTAL LIENS IN ACCORD-
ANCE WITH FLORIDA STAT•
UTES SELF STORAGE FACILI•
TY AST, SECTFON$ 83.806 AND
e3•eD7;
U$OCR-R SELF iTORAGE
UNIT 101. ALANINC. /~J/lAl1~JApIS01~
a
1Or11, 18, 1007
.PERLSOyN~IAL PRQPERTYLOF THE
SOIL.DOF!)q LASHATOSSAITISfY
ANNtNE WI FFEFLORIpAA S~A~-
UTES, SELF STORAGE
FACILITY ACT, SECTIONS 83.006,
83-807.
PERSONAL MINI STORAGE WRSYTN
UNIT 1609 MCICHpoAEL WANG
UNIT 1361 ELLEN MMc E~NUZIO
UNIT ! S ~ TER
~U~NIT k~13(KS Vf5 VARGAS
SAN~IAt}0 OENNY CELEST{NO
UNIT I /l KEVIN SCOTT
'CO~TTNTHHEEENTS MAY INCTTLUOSEE,
gKEDQISSN~~~iHLUGEEGAO~E ITOYS,
~F~NNURNttITURE~ T00L~cAG~OTH~
TLH~RSESS NO~TI7LEEE~~OR~VEHI-
pC1NNERSLRESERVE THELRIGHT
TO BID ON UNITS.
LIEN SALE TO BE HELD ON
THE PREMISES ON 71(07107
lVI~EWING W1 l BE AT THE
,TIME OF SACE~ONLY. .'
P RSONAI MINI STORAGE
F~RSY77H
2B 5 ORSYTH RQAD
yyyyINTERR PARK,, L 327y2
OLSSIIS7J 10411,28, 1007
IN THE CI CCpp IT COURT OF
THE 9THiN~ANO FORIRCUGE
COUNTY. FL IDA
GENERAL JURISDIC ION
. CASE N0. ~ IS~IO~N
6~NEML ELECTRIC CA-{TAL CORPORA-
1PlaintlH,
~ ~vs
i~FiNA1'ffX~RIUAEfN /A~TEL,
Defendants.
NOTICE OF ACf10N
YOII ARE HEREBY NOTIREO ~f fhs insfl-
tut an of this action aak~a nsf YYoouu by
the Plaintiff GENERAL,ELEG
TRs4 CAPI~AL CORPORATION,
Set ng 10 Compel fe1a10 Derma-
nent~SieSS ion of tM Equipn»nt
end o} r damages resulting from
fM Iailure to make Payment. Yak
the original of the written de•
es with fM clerk of this court
tr before service or immedlole•
xreafter. Failure to serve writ
defensec as required may re-
in a judpmenT or order for the
If demanded In the aefltlon,
put Iur1Mr notice.
NESS mv'hand and the seal of
(CIRCUIT COURT SAL)
By: L nda Styty. W ott
SL530498 ~1~8u1V1~20.07'
IN THE CIRCUIT COURT OF
THE NINTH JUDICIAL CIRCUIT,
IN AND fOR ORANGE COUNTY,
FLORIDA c
CASE N0. q-1D ISION b
199 M Tb BISHOP
MONTERO
V1N0 JAIL}31P/WP007306.
NOTICE OF FORFEITURE
To Hiram R: Ortiz, and oII persons
wM claim on interest Pn the 1998
Mitau lshi ontero, VINe
JA/L531PMWP00 306 selied on or
about 7131!07 at or about 5715 S.
Lee Ann Freeman
Pplite Legal Advisor
Orlando, Police
Department
P.0. Box 913
Orlando, Florida 32804.0413 (107)
116.4161
Fla. Bar No: 0570321
1 HEREBY CERTIFY shot d true and corv
recT copy of tM foregoing Notice of
ForteiTUre and o-true and correct
copy o~ the rPFetition fo Finn! Judg-
Dy n(~t.5 F matt e~ treMw91dav 0! Sapd•
(amber 2007, to all persons entitled
to notice.
Lae Ahn Freeman
ocsslee3e 1OV21, 1B, 2007
IN TH'E CIRCUIT CO~CRT OF
IN ANO FOR yOR~AN~~Iflp,,~p7CcCOVN}TAY,
FLORIDA E O(VItION NUMeER:T70!
IN RE FORFDTURE DF
59,700.00 IN U.S. CURRENCY
~~.~~{{Npp6nCC(gqFEE++/oF WFUEITURE COMPLAINT
ORLANDO, DT
CHARLIE MDf10 IA ilY0
xo'x5xo"'uilw~Da CA'81807
and ell others who claim on inter-
est In 59,790.00 n U.S. CUrrencv,
which was se zed o22n0000or aDOUt the
i6iyond1s°.yKirkmao Roa0~p0ian e
i Ihothe custody of the She rff of OrS
on9a County. A Complaint for for•
{elture hoe been filed in tM above-
I styled Court,
t HEREBY CFATIFY that this Notice Is
being served Dursuontto tfx notice
p ovlslons of Flarldo Statutes
~~ Oi•70T, this 12 day af~ October,
Ann Marie Deloliunty
Lerida Bar No. 006513
Ass slant General Counsel
Orange County Sheriff's Otfice
Le99a1 Servlces'Section
2500 4Nest Colonial Drive
Orlantdo, FL 31801
OL5523701 1Wl1 2~ 4070
NIIFOR oRAN~If'.n0u~IL FLORIDA
FOB CAtE N0. /0.2~f„µ0i/
IN THE CIRCUIT COURT OF
THE NINTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN
AND FOR ORANGE COUNTY,
FLORIDA
GENERAL CIVIL DIVISION
Csse Na. 1007-CA•12114
Divisioe 33
PALA220 OEl tAGO COMMUNITY DEYEL•
OPMENT DISTRICT,
Plaintiff; -
TNE STATE OF FLORIDA AND THE
TAXPAYERS 'PROPERTY OWN-
ERS AND CITIZENS OF PALAZ-
ZO DEL LAGO COMM~INITY'DE-
VELOPMENT DIST1ItCItT, 1N-
CLUDING NONRESIDENTS
OWNING PROPERTY OR SUB•
JECT TO TAXATION THEREIN,
Defendant.
NOTICE AND ORDER i0 SHOW CAUSE
WHyy SAfO BONpS SHOULD NOT BE
_jYAU0ATE0 AND CDNNRME0
TO THE STATE OF fLORIpA,
AND THE TAXPAYERS, PROP-
ERTY OWNERS AND CITIZENS
OF PALAZZO DEL LAGO COM-
MUNITY DEVELOPMENT DIS•
TRICT, INCLUDING NON-RESI-
DENTS OWNING PROPERTY OR
SUBJECT TO TAXATION
THEREIN:
IN THE CIRCUIT COURT OF
THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY,
FLORIDA
CASE NUMBER: B7-Cil tttri-0
DIVISION NUMBER: >Z
IN AE: FORFEITURE Of
1998 CHEEVY PICKUP.TRUCK
VIN lGGC519X2WBit7587 -
CITY GF NM1NTFA SPRINGS
LOCAL PLANNING AGENCY
WYLL HOLD PFORIC HEARINGS
ON WEDNESDAY,'
NOVEMIFA 7 T T ~pS P.M. OR
SOON TREfl€I~FTER I~ ~HE COMRIIS-
61NgATEOA RS
TxE MRNTELRO SPR{N(i5 RCp11AYpNALL
~ W1118 ASTSP~RINTOE£ FLORIDA
L
#~t~T~~E-QF C`HAN~GES Tn THE
C(~MPR~EHEI~ISIVE PLAN
CIT~(.'~~F W~iMTER SRR~NGS
NOTICE iS HEREBY GIVEN THAT THE CITY 60MMISSiQN OF
THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT:.
or
City
ORDINANCE N0.2007, 24 - !
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS,' FLORIDA, ADOPTING A SMAtiL SCALE
FUTURE LAND USE MAP AMENDMENT:BY CHANGING T°HE
FUTURE LAND USE MAP DESIGNATION OF THE RERL PROP- '.
ERTY CONSTITUTING PORTIONS OF TWO' (2) PARCELS
TOTALING 7.54 ACRES MORE OR LESS AND GENERALLY
LOCATED IMMEDIATELY WEST OF CHELSEA PARC AT TUS•
CAWILLA SUBDIVISION IN WINTER SPRINGS, FLORIDA; AND
M013E PARTICULARLY DEPICTED ANt) LEGALLY DESCRJBED
ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF WINTER
SPRINGS ""1;ttECREATION AND OPEN SPACE." WITH CONSER-
VA'FION> OVERLAY TO CITY OF WINTER SPRINGS "MEDIUM
.DENSITY RESIDENTIAL" WITH CON!$ERVATION .OVERLAY;
~PROVIDWG FOR THE REPEAL OF. PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCOR-
PORATION INTO THE COMPREHENSIVE PLAN, AND AN .
EFFECTIVE DATE.
Locatlon'Map
,~,. .
PUBLIC HEARING
eJll 8 ~ FOR'SECOND & FINAL READING ,
boVe W(LL BE HELD ON
P pro- MONDAY; .tAN.14, 2008 AT 5:'15. P:M.
el:0~d OR"SOONTHEREAFFER INTHE COMMISSION CHAMBERS- '
LOCATi=D qT. THE WINTER SPRIN08'CtTY HALL
1125 EAST STATE RDAD.434 ,
ININT'EA SPRINGS; FLORIDA
The propCSed ordinance may be obtalneii-by lratevesied:pardes
between S a:m. acid 5.p.m,,: Monday~lhrough Friday, at,fhe City's ,
Clerk's Offla, located at 1126 E. SR 434; Winter Sprfngs; Flotlda.
(~ For moreinformation, call (407) 327-'1800'227, Persbns vrith'dls• -
. abUltles needing assistanee to perUcipate (n any of these proceeif•
.J• Inge should contact the Employee: Relatipns . Depaitertsnt
Coordinator, 4'8 Hours in advance of the .meeting. at (40.327-
1800,#236. This #s a public. hearing Jnterested paities are Advised
that:they mayappear at the meeting antl, be liear~ with retspegt to .
the proposed ordinances: lY}tou decJde to appeal my tecomnieri•
atiori or decision made !iy the City Commission wtth respect to,
any matter considered at this meeting, you will :need a recbrd of
'the proceedings, and for such purposes; you'msy need to encore .
that a verbatim record of the proceedings !s made upon which the
appeal 'ie based.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDlLOCAL PLANNING AGENCY
REGULAR MEETING -NOVEMBER 7, 2007
PAGE 3 OF 9
VOTE:
BOARD MEMBER KARR: AYE
VICE CHAIRMAN HEATWOLE: AYE
CHAIRMAN POE: AYE
BOARD MEMBER RYSER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing To Consider Ordinance 2007-24, A Small Scale FLUM Amendment
Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The
South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And
Chelsea Parc At Tuscawilla Subdivision From (Winter Springs) "Recreation And
Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter
Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU
(Dwelling Unit)/Acre) And "Conservation Overlay" (On Those Affected Areas).
Ms. Sahlstrom introduced this Agenda Item and said, "Staff does support this change to
Medium Density Residential but also recognizes that there are some issues to still be
resolved as the Applicant moves forward with his development and with his mitigation."
Discussion.
Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the Board
Members related to this project. Mr. Corkery said, "As far as what I am going to develop
on there, there is no endangered species. 'There is none of that there. The vegetation
wetlands is a very low grade. So far, our response and what we got from St. Johns [River
Water Management District] environmental engineer is, we don't foresee any problems.
One thing - I am concerned about, and being a citizen of Winter Springs, is to make sure
that the flow at Howell Creek doesn't get disturbed at all. What I am trying to do with
our Engineer -David Schmidt, is make that flow even better than what is existing out
there." Mr. Corkery said, "We are taking approximately -three and a half (3.5) acres of
existing Tuscawilla Country Club property not even in Parcel 7 - I am taking less of
Parcel 7, approximately a little over -ten (10) acres, and I am only using approximately
six point eight (6.8) acres of that - [Tuscawilla] Country Club property to build the sixty
(60) carriage homes."
Brief discussion on this project.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -NOVEMBER 7, 2007
PAGE 4 OF 9
Chairman Poe opened the "Public Input "portion of this Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input "portion of this Agenda Item.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM `501'
AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER.
SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER RYSER: AYE
CHAIRMAN POE: AYE
VICE CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department
Requests That The Planning And Zoning Board Hold A Public Hearing For
Ordinance 2007-29, Which Shall Amend The Text Of Section 20-351. And Section
20-354. Of The City's Code Of Ordinances With Respect To Part "A" PUD
(Planned Unit Development) Density Calculations.
Ms. Sahlstrom presented this Agenda Item.
Chairman Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input "portion of this Agenda Item.
Tape 1/Side B
"I MOVE THAT WE RECOMMEND THE PROPOSED PUD (PLANNED UNIT
DEVELOPMENT) PART "A", CODE TEXT AMENDMENT AND
RECOMMEND APPROVAL." MOTION BY ADVISORY BOARD MEMBER
KARR. SECONDED BY VICE CHAIRMAN HEATWOLE. DISCUSSION.
ATTACHMENT C
ORDINANCE N0.2007-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING PORTIONS OF
TWO (2) PARCELS TOTALING 7.54 ACRES MORE OR LESS
AND GENERALLY LOCATED IMMEDIATELY WEST OF
CHELSEA PARC AT TUSCAWILLA SUBDIVISION IN
WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF
WINTER SPRINGS "RECREATION AND OPEN SPACE"
WITH CONSERVATION OVERLAY TO CITY OF WINTER
SPRINGS "MEDIUM DENSITY RESIDENTIAL" WITH
CONSERVATION OVERLAY; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on November 7, 2007, in accordance with the procedures in Chapter 163, Part II,
Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and has
recommended adoption to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
City of Winter Springs
Ordinance No. 2007-24
Page 1 of 3
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.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs Comprehensive Plan.
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" from City of Winter Springs "Recreation and Open Space" with
Conservation Overlay to City of Winter Springs "Medium Density Residential" with Conservation
Overlay. 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(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 Commission, or parts of prior 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. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section
163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this
City of Winter Springs
Ordinance No. 2007-24
Page 2 of 3
Ordinance, then this Ordinance shall become effective at such time as the Florida Department of
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2007.
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. 2007-24
Page 3 of 3
ESA'
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t3ESGRIP77C7N:
A PORTION OF LOT 8; THE EAST'. PART OF PHILIP R. YOUNG GRANT, SOUTH BART, AS RECORDED IN
PLAT BOOK 1, PAGE 3$, OF THE PUBLIC RECORDS OF SEM1NOlE COUNTY, FLORIDA. LYING IN .SECTION 7,
TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORiOA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT TF1E SOUTHWEST CORNER OF LOT 10. CHELSEA PARC AT TUSCAWILLA PHASE t, A5
RECORDED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA
PARC AT TUSCAWILLA PHASE i, PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45" WEST. A DISTANCE C)F
105.09 FEET; THENCE DEPARTING THE SOUTH LINE bF TRACT A, CHELSEA PARC AT TUSCAWILLA, PHASE
1, PLAT BOOK 45, .PAGES 82-83 NORTH 87'21'25" WEST, A DISTANCE OF 446.41 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 87'21'25" WEST, A DISTANCE OF 113.51 FEET: THENCE NORTH 67'55'28"
WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 23'12`11" WEST, A DISTANCE CIF 69.58. FEET;
THENCE NORTH 66'47'49' WEST, A DISTANCE OF 151..45 FEET: THENCE NORTH 23'12'11" EAST,. A
DISTANCE OF 115.99 FEET; THENCE SOUTH 69'44"14" EAST, A DISTANCE OF 75..19 FEET; THENCE NORTH
00'15'4&" EAST, A DISTANCE OF 11&.5S FEET; THENCE NORTH 61'13'03" EAST, A DISTANCE OF 11.74
FEET;. THENCE NORTH 00'24`38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A
DISTANCE OF 193.64 FEET; THENCE SOUTH 89'58'38" EAST, A DISTANCE OF 299.33 FEET TO A PClINT
OF CURVATURE OF A CURVE CONCAVE 5OUTiiERLY HAVING A RADIUS OF 2.252.44 FEET, A CENTRAL
ANGLE. OF 12'18`30" AND A CHORD DISTANCE OF 491.51 FEET .WHICH BEARS SOUTH 63"49'21" EAST;
THENCE EASTERLY ALCkVG THE ARC OF SAID CURVE A D15TANCE OF 492.46 FEET; THENCE SOUTH
72'0"7`4$" WEST, A DISTANCE OF 1$1.19 FEET; TH'ENGE SOUTH 70'22'15" WEST, A DISTANCE OF 109.14
FEET; THENCE SOUTH 68'49'03" WEST,. A 015TANCE OF 176.57 FEET; THENCE NORTH 85'53'45" WEST, A
DISTANCE OF 96.79 FEET; THENCE NORTH 88'48'42" WEST; A DISTANCE OF 80.64 FEET; THENCE SOUTH
00'04'i7" WEST, A DISTANCE OF 125.?5 FEET; THENCE SOUTH 29'35'27" WEST, A DISTANCE OF 70.03
FEET; THENCE SOUTH 00'23'58" WEST, A DISTANCE OF 168.28 FEET TO Tt1E POINT OF BEGINNING.
CONTAINING 7.54 RCRES {328,835 SQUARE FEET), MORE OR LESS.
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ORDINANCE N0.2007-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING PORTIONS OF
TWO (2) PARCELS TOTALING 7.54 ACRES MORE OR LESS
AND GENERALLY LOCATED IMMEDIATELY WEST OF
CHELSEA PARC AT TUSCAWILLA SUBDIVISION IN
WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF
WINTER SPRINGS "RECREATION AND OPEN SPACE"
WITH CONSERVATION OVERLAY TO CITY OF WINTER
SPRINGS "MEDIUM DENSITY RESIDENTIAL" WITH
CONSERVATION OVERLAY; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on November 7, 2007, in accordance with the procedures in Chapter 163, Part II,
Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and has
recommended adoption to the City Commission' and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, this Ordinance is being adopted in furtherance of the Third Amendment to
Settlement Agreement entered into between the subject property owners, React Land, LLC and
Winter Springs Golf, LLC ("Owners"), and the City which is recorded at Seminole County Official
Record Book 6881, Page 235; and
City of Winter Springs
Ordinance No. 2007-24
Page 1 of 3
WHEREAS, this Ordinance affects a certain portion of the Tuscawilla Country Club
property adjacent to Winter Springs Boulevard; and
WHEREAS, Owners and the City agreed that Owners shall be permitted to construct up to
sixty (60) residential condominium units on a portion of the subject property in exchange for the
Owners' termination of certain development rights to construct single family residences elsewhere
on the Tuscawilla County Club property; for the conveyance of conservation lands to the City on that
same property; and for other consideration for the benefit of the public; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
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 Goverrunent Comprehensive Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs Comprehensive Plan.
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" from City of Winter Springs "Recreation and Open Space" with
Conservation Overlay to City of Winter Springs "Medium Density Residential" with Conservation
Overlay. 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(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 Commission, or parts of prior 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
City of Winter Springs
Ordinance No. 2007-24
Page 2 of 3
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. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section
163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this
Ordinance, then this Ordinance shall become effective at such time as the Florida Department of
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 14th day of Januar , 2008.
~' ~~,~
Joh .Bush, Mayor
ATT'E~:
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t
An a Lorenzo-Luaces, City Clerk
Approv s to legal form and sufficiency for
the inter Springs only:
Anthony A. Garganese, City Attorney
First Reading: November 26, 2007
Second Reading: January 14, 2008
Effective Date: Section 9.
City of Winter Springs
Ordinance No. 2007-24
Page 3 of 3
EXHIBIT
SITE
DESCR~P11t7N:
A PORTION OF LOT 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN
PLAT BOOK 1, PAGE 3$, Of THE PUBLIC RECORDS OF SEIAiNOIE COUNTY, FLORIDA. LYING IN SECTION
TOWNSHIP 21 SOUTH,. RANGE 31 EAST, SEMINOLE COUNTY,. FLORIDA, BEING MORE pARTIGULARLY
DESCRIBED AS '.FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARE AT TUSCAWILLA PHASE t, A5
RECORDED IN PLAT BOOK 45, PAGES. 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA
PARC. AT TUSCAWILLA PHASE I, PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45" WEST, A QISTANGE OF
105.03 FEET;. THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSOA4VILLA, PHASE
1, PLAT BOOK 45, PAGES 82-63 NORTH 87'21'25" WEST, A DISTANCE OF 448.41 FEET TO THE POINT OF
BEGINNING; THENCE NORTH $7'21'25" WEST, A DISTANCE OF 113.51 FEET; THENCE NORTH 67`55'28"
WEST, A DISTANCE OF (36.13 FEET; THENCE SOUTH 23h2'11" WEST, A DISTANCE OF 68.56. FEET;
THENCE NORTH 68'47'49' WEST, A 0l5TANCE OF '!51.45 FEET: THENCE NORTH 2372'11" EAST, A
DISTANCE OF 115.89 FEET; THENCE .SOUTH 88"44'14' EAST, A DISTANCE OF 75.19 FEET THENCE NORTH
00'15'4&" EAST, A DISTANCE OF 118.55. FEET; THENCE NORTH fit'13b3" EAST, A DISTANCE OF 11.74
FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43' EAST, A
DISTANCE OF 133.64 FEET; THENCE SOUTH 89'58'38" EAST, A DISTANCE OF ?99.33 FEET TO A POINT
OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,29244 FEET, A CENTRAL
ANGLE. OF 12'1$'30" AND A CHORD DISTANCE OF 491.$1 FEET WHICH BEARS S(~lTH 83'43'21" EAST;
THENCE EASTERLY ALONG THE ARG OF SAID CURVE A DISTANCE OF 492.46 FEET; THENCE SOUTH
12'07 45" WEST, A DISTANCE OF 161.19 FEET; THENCE SOUTH 70'22`16" WEST, A DISTANCE OF 109.14
FEET; THENCE 5~.1TH 68"49`03" WEST, A DISTANCE OF 178.51 FEET; THENCE NORTH 85'53'45" WEST, A
DISTANCE OF 88.79 FEET; THENCE NORTH $&'4$'42" WEST, A DISTANCE OF 80.84 FEET: THENCE SOUTH
04'04'17" WEST, A DISTANCE OE 125.75 FEET; THENCE SOUTH 29'35'27" WEST, A DISTANCE OF 70.03
FEET; THENCE SOUTH 00'23'5$" WEST,. A DISTANCE OF 168.28 FEET TO THE POINT OF BEGINNING.
CONTAMNIVG 7.54 ACRES {328,835 SgUARE FEET), MORE OR LESS.
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