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HomeMy WebLinkAbout2008 10 13 Public Hearings 505 Ordinance 2008-24 Small-Scale FLUM Amendment CITY COMMISSION IDept-?- REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing for First Reading of Ordinance 2008-24, adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of7.64 acres more or less, located adjacent to the City's West Effluent Disposal Site, from (Winter Springs) "Rural Residential with Conservation Overlay" to (Winter Springs) "Public/Semi-Public with Conservation Overlay". October 13. 2008 Meeting Consent Information Public HearinJ;: X Regular ITEM 505 MGR. IV PURPOSE: In furtherance ofthe approved Settlement Agreement in the case of Roy v. City of Winter Springs, Florida Power & Light and Seville Chase Homeowners Association, the City is processing an administrative Comprehensive Plan Amendment changing the Future Land Use of property conveyed to the City from (Winter Springs) "Rural Residential with Conservation Overlay" to (Winter Springs) "Public/Semi-Public with Conservation Overlay". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program.. . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions Winter Sprinl!s Charter Section 4.15 Ordinances in General Winter Sprinl!s Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agencv Review and Recommendation: CHRONOLOGY: Jan. 24. 2007- Settlement Agreement executed with Richard E. and Kathleen Roy Sept. 28. 2008- Public Noticing in Orlando Sentinel ofLPA Public Hearing Oct. 7.2008- P& Z Board (LP A) heard the request for the Future Land Use change and made recommendation of Adoption to the Commission. October 13,2008 PUBLIC HEARING AGENDA ITEM 505 Page 2 of 4 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. State Road 434; Winter Springs, FL 32708 Owner - City of Winter Springs; 1126 E. State Road 434; Winter Springs, FL 32708 Parcel Number - Acreage - 26-20-30-5AR-ODOO-IIOE approx. 7.64 acres Vacant property adjacent to the City's West Effluent Treatment Plant BEG 20.93 FT S 07 DEG 11 MIN 37 SEC E & 1690.23 FT N 83 DEG 37 MIN 55 SEC E RUN N 83 DEG 37 MIN 55 SEC E 1768.72 FT S 07 DEG 04 MIN 22 SEC E 68.22 FT S 04 DEG 57 MIN 42 SEC W 123.38 FT S 83 DEG 44 MIN 02 SEC W 1770.92 FT N 01 DEG 27 MIN 55 SEC E 187.79 FT TO BEG BLK DO R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Existing Land Use - The property is currently vacant. The current City Future Land Use Map designation is "Rural Residential with Conservation Overlay". Ad' t t I d d FLUM d' t . I d th till . General Location - Legal Description . . . - - - - Existing Land Uses Zoning FLUl\l Subject Site Undeveloped R-Cl Residential (WS) Rural Residential with Conservation Overlay (WS) Requesting (WS) Public/Semi-Public .with Conservation South R-lA Residential (WS) and R-Cl Residential(WS) R-l A Residential (WS) North East Residential PUD (WS) Low Density Residential (WS) and C:Qnser~tiol!i\VSL Public/Semi-Public. (WS) City's Westside Effluent Treatment Plant (WS) Winter Springs; (SC) Seminole County; (OY) Oviedo West ----~~---- R-Cl Residential (WS) Development Trends - Development has slowed within the City, given the current economic crisis. Proposed Future Land Use Classification - The proposed future land use map designation from Winter Springs "Rural Residential with Conservation Overlay" to Winter Springs "Public/Semi-Public with Conservation Overlay" is appropriate and compatible with the general character of the area. Letters/Phone Calls In Favor Or Opposition - None. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the character of the area, as well as evaluating the land use on other parcels in the area. Concurrencv - The request for a small scale comprehensive plan amendment which is viewed as a preliminary development order (where no approval for construction is made) is not subject to October 13, 2008 PUBLIC HEARING AGENDA ITEM 505 Page 3 of 4 Concurrency. Concurrency review has been deferred until application for a final development order for the subject property, in accordance with the Concurrency Management System established in the City's Comprehensive Plan. Public Facilities - The site is expected to be used in conjunction with the site's existing use for effluent treatment. If the site were to develop, the City would be required to submit a site plan and would be subject to concurrency standards. Energy-Efficient Land Use- The subject property is part of the land included in the 1959 annexation that originally formed the Village of North Orlando. Although no development is currently proposed, the future use of this property for municipal services will result in an energy-efficient land use pattern which discourages urban sprawl. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The change ofthe future land use designation will not create a nuisance. The proposed future land use is consistent with the surrounding land uses and objectives for the future of Winter Springs. Other parcels in the area also have a "Public/Semi-Public" designation. Natural Lands Compatibility -The subject property is within the conservation overlay area and may have wetlands or environmentally sensitive areas. A wildlife survey of those species designated as endangered, threatened, or species of special concern will be required if the property is developed. The subject property drains to the north and is outside of the lOO-year flood plain. The soils on this property are Basinger & Smyrna fine sands - depressional. Consistency With The Comprehensive Plan - The previous intent of the property was for residential use. However, with the conveyance of the subject property to the City, the future land use most appropriate and consistent with the Comprehensive Plan is "Public/Semi-Public". FINDINGS: (1) 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; (2) 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 at the time of development. (3) 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) The amendment will promote the cost effective use of public facilities; (5) The amendment is compatible with the surrounding neighborhoods and land use and will not cause the comprehensive plan to be internally inconsistent; and October 13, 2008 PUBLIC HEARING AGENDA ITEM 505 Page 4 of 4 (6)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. LOCAL PLANNING AGENCY RECOMMENDATION: At the October 7,2008 meeting ofthe Local Planning Agency (rescheduled from October 1,2008), the Board voted unanimously to recommend approval of Ordinance 2008-24. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2008-24, a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation on the subject property, from (Winter Springs) "Rural Residential with Conservation Overlay" to (Winter Springs) "Public/Semi-Public with Conservation Overlay". TENTATIVE IMPLEMENTATION SCHEDULE: October 13, 2008- 1st Reading of Ordinance 2008-24 October 16, 2008- Noticing in the Orlando Sentinel October 27,2008- 2nd Reading /Public Hearing Adoption of Ordinance 2008-24 ATTACHMENTS: A- Noticing in the Orlando Sentinel B- Ordinance 2008-24 including Exhibit A (describing subject property) C- Current Future Land Use Map, September 2008 D- Proposed Future Land Use Map, September 2008 E- Minutes of the P&Z Board (to be provided on Oct 13 at City Commission Meeting) CITY COMMISSION ACTION: ATTACHMENT A SUNDAY, SEPTEMBER 2B, 200B jrtial sets of bid . I will not be is- Dr(Jwin\,l Specifications and, t~ ,... at Harmony/Green- ~~rb~~~~~f~J~~~er~,~ p~=~ ~~t~,iJ~~~'mJ~;~ f'~r~ ~a~~~r~~;a,tl~~~iicC~~r~: Ida 34713. DelJor!ment Centrol Florl- The purpose of lhis hearing AN ~R~bl do BUilders Exchange, 340 Is to receive pUblic com- CITY CO OF N, Wymore Rood, Winter me!)1 and objections on the THE CITY 0 INTER Park, Florida. 327892855, Fiscal Year 2008 and 2009 SPRINGS, FLORIDA, ior~:~1gef\~~' oBd~~f~t~5Ji :~~tJI~&TUARES~:A5 on a~sessment roll, the im. USE MAP ("I=LUM") ~~~~~~n~~ ~e~n ~h:~~~~ ~ftfNNcr{~~NlIrlE FL~~' located within the District DESIGNATION OF CER to fund the ~roP05ed budget TAIN REAL PROPERTY and to prOVIde for the col. CONSTtTUTING 26 leetlon and enforcement of iCRES MORE OR LESS COR848030 ~:n7~~ fffe vg~~IT~'\~~~~Sg crihf~~r~lRLEL6Rr~E IS being COnducted pursuont IN WINTER SPRINGS, SECTION 001110 ~~o;l~g~I~~~I~,O ond 191, ~~~~ltIGtAR'Lt~,oD~~~f ,100 B ADVERTI==ENT FOR The District may also fund fl'R~~fDL5~Afj~i~r': various facilities throu~h "A" A'tfACHEO liERETO October PUBLIC NOTICE Is hereby h Hubert ~he foJlTctlon ~f eerta n FR8M WINTER SPRINGS given t~ts:f):: t~:~I~~~' Florida W~?~ha~ree'~e~rlfie~h~I'~rn ~~ ~\hl~~S{rls~~'~I~; R...I'llIInlI: Interested firms Iberry, Attention: journal. ~he bUdSle~S), A ~y of tile ~RURAI. RESIDENTIAL.' ~rr {~~e~~t~~~~e w~~~ Wor~~eDb~:~~~~~~ ,H~I~~i~Ya 11~Fn:~ ~~~~s~m~~\' ~~t G~~~l~I~~ "f~I~RTri "(R"'F'Qt for Qualification selberrYj Florida, at the eed Construction ~nd/fr the avenda for the CONSISTENT OROINANC. 101: Each bidder l. A copy of the IiFQ Staff ConTerence Room un III woo,'v"s,30u,!,ecshU"lt',IOOY,PNarok,~ ear nSl may be obtained by ES AND RESOLUTIONS, lit only one (1) and any and Ctll c1arillco- 2:00 p.m. .Iocal time on !I 500 gQ,',',aCo',I'O,',','oDI"I""'I,I"'MMaa,", SpEOVREARTAIOSINLITINY~O'NCTOHRE' Work, Each bld- lions Issued shall be ob- Wednesday, Ocfober 8. 2008 ~g~~'0~e~~~IOG3rOoO~~ ~~~ t I Ibmlt on original ~al~~d from our web site for the "NRCS Projects 05 a tional Plazo, "-1 G'a'd Na- ~flem,enst Compony, Severn COMPREHENSIVE. PLAtt I COpy of Its bid tlp;,./WWW,tleWlti",tcpl,nlllCo/l. Result of TropIcal Storm If..! ur~n ervlees, 210 North AND AN EFFeCTIVt: :wlll be mOde'in ,.,acIAd.IR/, Copies of the Foy, City of CIJ!\$sl!)erry tlal"'dool, OF'I"I"I".S3U2I,'.",'08, Or. C e ty Df'lve, SuIte BOO{ DATE, ~ wI th the reo ,F,ct may al~ be picked UP Florida, p.roject No, OelJ~ a ~:~I r~~rjn\lS Florida 3307 DRDINANCE NO, 2l1li-24 of oppllcable al lie above address (dur. 0816', PROPOSAL DUWNIY or bv coiling (9S4) 753-58.tl AN ORDINANCE OF THE deral laws and lng 'he hours of ';00 a,m, to during normal business CITY COMMISSION OF land pursuant to 130 0 m.) or upon wrlllen Sealed Propo$Ols should be hours. THE CITY OF WINTER Ions of the Bid request will be mailed to In- made on the bid progosal EClch Pr,ol)O!CI! shall be: ac. SPR I NGS FLORI DA land/or any 01" terested firms. Written re- form Included In the Con. comPllnufd by 0 certified The Board will 01$0 consiO. AOOPTIN'G A SMALL Y of Winter G<lr. QUests for 0 coPy of the tract Spac;lfIcatlonl and check or an acceptable er any other business, SCALE FUTURE LAND Uln; ruin and RFSmvstbefaXe<ltO(4071 5houJdbe Plainly marked Dn form of Proposal Guaranty which l1lay proj)er!y come USE MAP ("FLUM") 1',' ,E,,"sh'dSiFd,d,'m' 3N'o',',cl,5,l C"F,Uc',t""I,r~o"h'I" ~!I the out5ldc BID FOR I' ',n !lmount equal to at before It, The meetlng Is AMENDMENT BY . _ NRCS pro/'eets os a Rt5ult eas five gercent (5%) of oaen to the public and Will CHANGING THE FLUM jn the pro\.ect licitation and award shall of Tropica Storm Fay CIty the amount of IheProposal, be conducted In accordance DESIGN'ATlON OF CER. I sealed enve ope b;e posted to the aforemen. of Cosselberry, Florida PQvoble to the order of the with the provisIons of florl. TAIN REAL PROPERTY brds -BID FOR honed web site. These No. Project No, Oa13-0816". 'City of Cosselberry, Florl- do Law for Community [)e- CONSTITUTING ONE 'O'pOMOWENNTTOWN ~IC,r'I,,'m'O,I,I,ld"','.Ud"h' .b,uf' ,01',' do, v ttJat, If velogment Olstrlcts, The PARCEL TOTALING 764 L t All bidders, their agents or t,~e accepted, m, e.tlng moy be continued ACRES MORE OR LESS r, DILLARD meeting dates and times, represent9t1ves.ar,lrlVlted lie eevtethe oadote{tlme,andlllaceto AND GENERALLY LO- ~ORMWATER preserytatlon meeting dates to be present at the Bid Cb'lntr an accept- be sPtchled on ttJe record CArEC AOJACENT TO -ROVEMENTS and times, Intended decl. Opening, 0 e monce cnd- Pay. at the meeting, THE CITY'S WEST EF, INTER GAR: s'llon and decislan informa. ment withIn ten (10) FLUENT DISPOSAL SITE RIOA" and the on. PROPOSALS WILL Be days the award of the There may be occasloni IN WINTER SPRINGS e, address. and E PUBLICLY OPENED AND Contract. when one or more Supervl. FLORrOA, AND MORE ~ntroctor's Li. T~IISEIIPIOYI'llI'" O"ortllnlly: READ ALOUD Immediately son will Pllrth:ipate by tile. PAR,TICULARL Y DEPICT, ~,;~~rSjd~lfg:rl:, c~unf:,ootl~~Jg "Jo~~o~~ g~'te: ci~a ;r~~a~~f~b?lsri~~ em PflMIT FEU ri~~n~he~t ~rl! :~~:s~~a~ r8R~:rDL~~Ai~~1 gf,: lidder must ac. dIscriminate In admission above lor receipt of Propos. In accordance with ap. speaker telephone so that "A" ATTACHED HERETO ~ecelpt of all ad. or oCfess to or trlQtment or ols. ~~~~r~d ~~~~~~~ ~f..1n~: arllatTr15ted person can FROM WINTER SPRINGS ~urti~:ii~~r~~~~ :~;~~~l~~tl~~tj~~so~)he As a Federolly Funded of the City of Casselberry, ~~vne l~gti'6'ne~t~a;~tfJn~ ~~~~A~o~\~~5rf"~~ ~~etMdB~g~~r ~~~,s o~fe,r~:: ;:tlj~~'or~~\~ r{oO~~g~'dt.e~~:i~ ~~~g~ tlr~i~~rn\rn:e~~h~gt~~o~ ~nfkQrmedl of I~ dlsc\lsslons OVERLAY" TO WINTER ~iO~~m.,p'lv,wclot.h r;'o,mo'~~t~',~:~l~:o~~'~;~: P reva i I i C9 W... Rolo, '"Is City,ow,ed Cont,act. ~?~~ir.;v ~~f,~~~"e' c~m~:: C~~~6t\.; rTOU~E~RI6L~SIf~: . ,h I;; hibltecl by law, The Equal ~~6~3e'd'lo rh~~f~~f~~s" DWNER'S RlGlITS RESERVED PROVIDING FOR THE o Opportunity supervisor reo !~Iberry bv the UnIted. In occordonce with the pro. R OF PRIOR IN. .,r spOnslt?le for compliance Is Stoles Department of ASlr.- The City reserves the right, visions of t/'le Americans C NT ORDINANC. lied 011 be Cathenne Van Kirk. EEO & culture/Natural I\lsources at It,s sole a~ absolute di~. with Disabilities Act, any sE SR,ELS'TOyL,U,TNICOON.S,' allention of City LeSlol SerVIces, who mo~ be Conservation Serv cei. All cretlon, to relec' ony or all person requiring sPEtcial oc. of Wlnter.Gor, contocted ot ,the Edvcollon. Women end Minorities Busi. bids, or t~ occ~Pt .thal. Pro. ~ommodation5 qt this meet. P ON INTO THE est Plant Slreet, 01 LeadershIP Center, :'Wi ness EnterprIse (WMBE) posol w~lch, In Its lud.g. IIlg because of 0 disability COMPREHENSIVE PLAN Irden, Fl 34787 W. ~mello Streel, Orlando, ore enco(,lro~ed 10 partici. ment, Will. under 01 CI(' or phvslcOI Impairment AND AN EFFECTIVE Irnree~e~~efh':"gf3 FlondQ J2801, 407-311.3200. pate in the blddfns process. g~~~10irii:~5~O~f t~~rCffytho' ~g~l~v~~~t~1b '~c~I~~~C; Do~T.fu'E DA COR8.418S49n1, 28, 1015, 2DOB DESCRIPTION OF WORK fo~s~fl~r:bi5~tc~n~~~~~~ S,tree1. S~ite 140J Celebra. an ope ot , I f I' t9~\, FI~ory'.duO 034,,' ,1.0('"",,1"'''0'' (ontroct(s): The Notiulor Stit,..1I 01 a".lllie,. The y.lork con!l~ts 01 tour bJdde/ aA~na h cyr 0 t be Iter Go moy bog To S.I.cl PrDl_n IE' (4) dlfterenl prolettsl gen. d ISO b no e ~~~toCc;~ ~h".ooFII'o',dl'la.RI'eal"V' nic,OI.it r ir. ntlrig Fim Fa. The O,'nlt:1" erqllv furnishing and nstal. b05~h Crt O'f rr e ~rnc a sdl~r t~~ Irlplle...t Proj.J lot.on os follows: F~orid~. y 0 ossel rrv, ~Tdvl~e c~tn~~~Hn9g55i~~70D~~~ The proposed or s is.n .e est in- The Orl(lndo Utilities Com- :,rqject 0813 - Gee Cre:=ok QUESTIONS OR CONCERNS lf~~~ ~:f~~elcit,~;adScit~ ~~~ ~~~dbep~~sl~~t~&~wY,I,n~er,' mil CI.ty, wllh mission (OUe esh elr Replacement.thepro- hearln; and meetinn. lCatlqns and State tions pqsed erpergency prOlect All Questions or concerns . a.m, Clnd 5 p,m., Monday 5 token Into con. from sian WIll consist of COl\struc Ing shall be dl'ec'ed " P"vlll, Eo,' " 'ch",rv~u, gh Frlda,VI,c,o, f,o,',',', , ,The Citv reo 01 En 5 Ser,,: 0 metal sheet p!le wel~ with 11 person WIlO decides to f r1fht to o~ord ices cons is of providinp p concrete cap Immediately ~O~ICl~~6tffJ~cte~\~~~~ciA oppeal any decision mode ed at State Rood ~C,ir ~Ch~h~o~;dgi~~ ~~~~e~~s~~~"ii~~l PJ:~im,ri: Tblnh~I',opn:o~fheo~~~ e~~~n:ln~~ 1231, pwolloceOcosselber- Ir?,ot'm':e..:l,,!go,f,t~~I';'Ood~Y'lid"'''dr~~I,'o~,1 c~34,a"I' j~f~~'':,O'p~e~,i,,' L lie, ,tv, IS the surveying. geotechnical, UJ 01 f ,some .ltvot!or1 ry,org or 401fJ.62-1161 . fox. II ponSlve ond re- bidding phase and limited and hYdro!-,lu; confl~urotlon Oated:Wednesday, r~:sg,rno~~~~ o~Jet~~do~! r~.nSassistanc' f, .0""c~'.PO.dle' ~ldder(sl, price. services os the eXIsting we.r, The Seplember 24, 2008 d I t ~~~sr~d~ ~~h~~~;: eplace. P~;~~I~~~o~~t~~C ri~t~hn; By: ~~~'f: :nsu~: t~~)sg~~l ~~o~~~ ~:n:ra~~ t~~~e~I~~~ specificallY reo SOUlh bank of the stream, flm record of the proceed- ee Relations Department \ riSlht to accept 0 C will be replaced in Its same ~~~f~\~Jki Director InSl~ Is made. Including the Coordlnator,.ca hours in ad- :~ a~~e r~~~~sr:; :r~e' ~~g:~7t~l~h c~n~~~~ '~::t ~~st~~fcn~ sa~dh ~~=~f~sur~ vlfo~c)eJ~;.{Uo,m€~:~~~ig~ the City considers build AdditionallY, a new sheet CSES41m.SEPT,28.0CT,1 be based. 36, Tnese ore pUblic heor. 1, in Its sole and of th pile wall witn concrete cap logs, If yOU decIde to appeal ~Iscretlon, In the will be expected to have ex IS proposed downstream of THE NaY DRlANOO DC?~ry L. Moyer MY recommenda110n/deei. '~Sls of the Cfly, Perlence with Il1e$l differ: tile weir In the MIrth bank EVENTS CENTER IS nct Manoger sion made by the Local JIWBE oarticlpa. enl deliyerv methods, i~~rr~I~~~~l t~; to~e uOJlci~~ 81D PACKAGE '3 CQR83616B 9121, 28, 2008 ~~t":~go~g~~Je~~~~i~~ 1,15 proj&ct is en- Firms Interested in provid. portion, It is ImpOr1ant to METAl WALl PANElS NOTICE OF PUBUe ered at this meeting, YOU , lng t . , note that down~treom of the BUlIIATE OCTOIEl 2. 2llOI HWJNG will need 0 record of the ed 10 request weir (allProXlmately 100' proceedings. and Jar such for PreP<lring downstream) there I, a We are lookIng for MBE & You a" purposes, YOU may need to GARDEN, Statement af brIdge Ithe Lauro Sf. WBE firms cert1fied with the ell that ensure that 0 verbatim re' for Professional brldiel w th 0 fixed channel the Cily at Orlando or Or- CouncilY City cord of Ine prOCeedings is I in" Services tor the . section lhat controls the onge County, Count~' r~~'II~ Made upon which the Og, tSEPT.28,29 tor Rep,loC8mtflt Proiec v flows thereafter (I.e" no 1m. The MB E/WBE must be public heerlng on .~ Oc. peal is based. Interested I contacting Donna 0, Kinley, flews oble to produce a Chapter toHr 7tIa, _ II 5:)1) pJII or OJ f~rtles ore advIsed that ADVERnsEMENT Buyer/Planner at OUC Sup- d wall). 57 CertifIcation. soon thereafter a PCiss'bl m:ltln~aJndot:e~~r~t ~n~ ply C~Qin Managemtrif. 5971 A ee~uafe ontr~1 'fie are In need of Sub.Con- In the Belle Isle SClty Ha~l respect fo the propas.ed or, J1plele I,isfinq of ~~r~~~2:2;e~U~m~~I?~~~: ~n~e~r;~d t~:brd\! ~~l~j~~t:g~ ::cetl~~;I:oWlnlil ~f~~&IN~,a"lbers loc3tTld dinonces, lIe !~~~ ~:..o~f'fcim( or fax 10.407- ::; ~~~I~Sthe ,stalled 1200 Structu~ol St~el lsl.&, Flor~da~e~~:69, e 01 CSE8482<49-SEPT,28 Proposa s FP! .so .., P ease reference 'll54OOO C Id F rammlill which meeting The following de' "..e "olt la\ ..,_~."i,0~..~~9ft-.1:'!"~f~!o: Prai.<oi nllU _ ~,,_.... u;... 0 - or~....~~o.. !t_em~~l_~.r~! '~e c9.n_5!de_r~q ATTACHMENT B ORDINANCE NO. 2008-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP ("FLUM") AMENDMENT BY CHANGING THE FLUM DESIGNATION OF CERTAIN REAL PROPERTY CONSTITUTING ONE PARCEL TOTALING 7.64 ACRES MORE OR LESS AND GENERALLY LOCATED ADJACENT TO THE CITY'S WEST EFFLUENT DISPOSAL SITE IN WINTER SPRINGS, FLORIDA, AND MORE P ARTlCULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM WINTER SPRINGS "RURAL RESIDENTIAL WITH CONSERVATION OVERLAY" TO WINTER SPRINGS "PUBLIC/SEMI-PUBLIC 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(l)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on October 7,2008 in accordance with the procedures established in chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS, the City Commission ofthe 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2008-24 Page I of 3 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 Winter Springs "Rural Residential with Conservation Overlay" to Winter Springs "Public/Semi-Public 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-ll, 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), 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, City of Winter Springs Ordinance No. 2008-24 Page 2 of 3 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 , 2008. 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. 2008-24 Page 3 of 3 ~ . ~l;l -"'- ~ ~ . <.'J , . ~- :-~ -:-; (':...t\:-!~ ~Vl. s:t::' ~~~~ "'~~'<~~ ~W9:t~~~~~Iooi~ ~~~g~O- 'c~' ~~~.~~w~i:'~.; ~~~~",h :!l'" :...~~~~ ~~~~ .~~ ~ ~~ ~r~~ ~ ~_. $~~ "~~ ~~~I~~~~~~~. f ~-. "8.~~i! I ~.~ d~~~ ~ . q lzj \..!:he..: ! ~<;;:~.~~~..;;~~ i 2~1l-~"~5't~~ ~~_~~"",~~'l ~I f ~I:'h~~~~~~~ I ~g~~:,~~.~~h . <~~-~~:~~. ':, 1 ~h~~~E~~l!~- I :'~~i1-<~~~~~~ I" ~~~~~~ ~;'",l:),~ L~:"l!~~I(~~~~ " " e9 ~ ~-.:~tt""e'" ffj .. ~~i!~~UI.i~~~"l~ ~- l i~~~h~;:m':'~~~ ... ~ U~.!:~ji~~~ ~ . ~~bIEI~~~~~~ w ~ ~~~~j;~.g~~~~~R : Q Il,.;:'.....~~ ~~.~-~ ~- ~,~~~ 0~i!O g !~~~~~i~i~;~ I ......~~~~~h ~ Exhibit 'A' . i~ ~I ... ~ ~ < 0- < ~~ . ~!;~f ,,~~-- "..~~ ~i ; ~ ~, ~l ~' ~l . ~ , !i!!~I< ~~~i:~!i l~~~il!~ ~gii.~.a ~~~~~~Ii $ 0 ~ ~ ~ · _ ~I~~~~i. I ~ ~ ~ ~ ~ ' ~ ~,5aai~~ ~t;" ~~ .. ~ ~ : () ~ ~ >'\ 'i ~ ! I i! i i · , ~' w ~~ w . ~ _ ~! ~ ~ I I~ I ; : ~~ ~ ~ ~ ~! i ~ ~ ~a " : . .. . I · i! Ii! !I ~ ; : , ~i i ~ ! ~, ! i i ~~hn p pi i. ~ <i. ~~~ ~i H i i ii ~. III it ~.~ ~~ ~ . ~ . ~a ~ ~ . ~ "i iil h !!l:!P:PW ~ ,~ ~ n~ ~~~ il1 ~i~ ,!~ ~; . il ; ;: '" ------~ . II II iI S: ., h ,,~ . ~~~ ~ Hi ,^~., ~~ 1 ~ ~ " .~ ~ ~ ~'- I I i \ 1\ I L. 1\ I. I I i I - -~\ \, ..-..~-....,.~ --~~ SHORE flOAD . ~, ~1 ~. i~ .d II~ ::h ,,~i t.\t ~ ~ ,;m~a ~ 1" . . " <;0 ::~~~o.oo a <:>"'.",; ~ ;- LEGEND D Rural Residential 1tulAcAoor\e05s D Low Density Residential lQJto35[lUIA.cAo FJil Medhm Density Rnidentlal ... HOOlO8QOU/"<<w . H;gh OenoUy Roold...lal \lfOUI0210DUIAcr. II Con..rvatlon II Recreation and Open Space ~ Conservation Owrily II Ccmmerclal o Mixed U.. o Greenway Interchange District II Town Center District D'ndustrial D Public' Seml-Public [::i UrbIInCentralBuainnsOiatrict ~ ~ (") ::I: :s: m z -t (") ~ ~ :::I: 3: m z -t C ATTACHMENT E Minutes from the October 7, 2008 Local Planning Agency Meeting (rescheduled from October 1, 2008) will be provided on October 13 at City Commission Meeting Date: October 13, 2008 The attached document was distributed by Ms. Sahlstrom and was related to Public Hearings Agenda Item "505", discussed at the October 13, 2008 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 7, 2008 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Tuesday, October 7, 2008 was called to Order at 7:00 p.m. by Vice Chairman Charles Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Robert L. Heatwole, absent Vice Chairman Charles Lacey, present Board Member Rosanne Karr, present Board Member Edward Martinez, present Board Member William H. Poe, absent A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The August 21, 2008 Regular Meeting Minutes. "MOTION TO APPROVE -AUGUST 21, 2008." MOTION BY BOARD MEMBER MARTINEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE VICE CHAIRMAN LACEY: AYE BOARD MEMBER MARTINEZ: AYE MOTION CARRIED. C[TY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANMNG AGENCY REGULAR MEETING -OCTOBER 7, 2008 (RESCHEDULED FROM OCTOBER 1, 2008) PAGE 2 OF 8 • • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM "201" WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGE 7 OF THESE MINUTES. • • CONSENT 201. Office Of The City Clerk Approval Of The September 3, 2008 Regular Meeting Minutes. "I MOVE THAT WE APPROVE THE MINUTES FROM SEPTEMBER 3~, [2008]." MOTION BY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN LACEY." DISCUSSION. BOARD MEMBER MARTINEZ STATED, "POINT OF ORDER" AND ADDED, "I DO NOT THINK THERE ARE ENOUGH VOTES TO APPROVE. " CHAIRMAN LACEY REMARKED, "ABSTENTIONS WERE NOT REALLY PERMISSABLE UNLESS THERE WAS A DIRECT CONFLICT OF INTEREST." DEPUTY CITY CLERK JOAN BROWN STATED, "CORRECT." CHAIRMAN LACEY ADDED, "IN THE CASE OF MR. MARTINEZ, HE IS DESIRING NOT TO VOTE BECAUSE HE WAS NOT PRESENT AT THE MEETING, SO HE DOES NOT FEEL COMFORTABLE VOTING TO APPROVE THE MINUTES." MOTION DID NOT CARRY. CHAIRMAN LACEY STATED, "WE WILL TABLE THAT [AGENDA ITEM] UNTIL THE NEXT MEETING." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS Vice Chairman Lacey noted that he will not be in attendance at the Planning And Zoning Board/Local Planning Agency Meetings on October 23`x, 2008 and November 5`h, 2008. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANMNG AGENCY REGULAR MEETING -OCTOBER 7, 2008 (RESCHEDULED FROM OCTOBER 1, 2008) PAGE 3 OF 8 PUBLIC HEARINGS AGENDA PUBLIC BEARINGS 500. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2008-18, Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of A 7.06 Acre Parcel, Located At 1072 West SR (State Road) 434 (East Of SR [State Road) 417), From (Seminole County) "Commercial With Conservation Overlay" To (City Of Winter Springs) "GreeneWay Interchange District With Conservation Overlay". Vice Chairman Lacey opened the "Public Input "portion of this Agenda Item. No one spoke. Vice Chairman Lacey closed the "Public Input" portion of this Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department presented this Agenda Item and displayed a Current Future Land Use Map [FLUM] and stated, "Staff does recommend Approval of this Agenda Item changing the Future Land Use Map [FLUM] Designation on the subject property." "I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS [AGENDA] ITEM WITH THE STATEMENT BY THE STAFF ELOISE [SAHLSTROMJ REGARDING THE EIGHT POINTS THAT SHE READ." MOTION BY BOARD MEMBER MARTINEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. MR. MONTJE PLANK, 800 NORTH MAITLAND AVENUE, SUITE 110, MAITLAND, FLORIDA: SPOKE BRIEFLY TO THE BOARD MEMBERS ON THIS AGENDA ITEM. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: AYE VICE CHAIRMAN LACEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2008-19 Which Rezones 7.06 Acres (More Or Less), Located At 1072 West SR (State Road) 434 (East Of SR [State Road) 417), From "A-1" Agricultural (Seminole County) To "GreeneWay Interchange District" (City Of Winter Springs). C[TY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -OCTOBER 7, 2008 (RESCHEDULED FROM OCTOBER 1, 2008) PAGE 4 OF 8 Vice Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Vice Chairman Lacey closed the "Public Input "portion of this Agenda Item. Ms. Sahlstrom introduced this Agenda Item and stated, "In analyzing the Rezoning request, Staff has included in your Agenda Item the determination based on the fourteen (14) review standards, and we have felt that it does satisfy those standards as included in the Code in Section 20-31. -and we do make recommendation to you, that you would recommend to the City Commission adoption of the Rezoning." Mr. Mon je Plank, 800 North Maitland Avenue, Suite 110, Maitland, Florida: spoke briefly to the Board Members and stated, "We concur with the Staff and the evaluation and recommendation." "MOVE TO APPROVE [AGENDA] ITEM `501' AS RECOMMENDED BY STAFF." MOTION BY BOARD MEMBER MARTINEZ. SECONDED BY BOARD MEMBER KARR DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE VICE CHAIRMAN LACEY: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-23, Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 2.6 Acres More Or Less, Located Off Of Shore Road, Between Seville Chase And Winding Hollow Subdivision, From (Winter Springs) "Public/Semi-Public" To (Winter Springs) "Rural Residential". Vice Chairman Lacey opened the "Public Input "portion of this Agenda Item. No one spoke. Vice Chairman Lacey closed the "Public Input "portion of this Agenda Item. Ms. Sahlstrom presented this Agenda Item and remarked, "Staff does recommend to you that you make a recommendation of adoption to the City Commission for this action." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -OCTOBER 7, 2008 (RESCHEDULED FROM OCTOBER I, 2008) PAGE 5 OF 8 Discussion. "I MAKE A MOTION THAT WE - ADOPT A SMALL SCALE FLUM (FUTURE LAND USE MAP) AMENDMENT CHANGING THE FUTURE LAND USE MAP [FLUM] DESIGNATION OF THESE 2.6 ACRES LOCATED OFF OF SHORE ROAD, BETWEEN SEVILLE CHASE AND WINDING HOLLOW SUBDIVISION FROM WINTER SPRINGS `PUBLIC/SEMI-PUBLIC' TO WINTER SPRINGS `RURAL RESIDENTIAL'." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE VICE CHAIRMAN LACEY: AYE BOARD MEMBER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-24, Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 7.64 Acres More Or Less, Located Adjacent To The City's West Effluent Disposal Site, From (Winter Springs) "Rural Residential With Conservation Overlay" To (Winter Springs) "Public/Semi-Public With Conservation Overlav". Vice Chairman Lacey opened the "Public Input "portion of this Agenda Item. No one spoke. Vice Chairman Lacey closed the "Public Input "portion of this Agenda Item. Ms. Sahlstrom introduced this Agenda Item and affirmed that, "Staff does recommend that you make a recommendation of adoption to the City Commission on this Item for Ordinance 2008-24." A Future Land Use Map (FLUM) was displayed. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -OCTOBER 7, 2008 (RESCHEDULED FROM OCTOBER I, 2008) PAGE 6 OF 8 "I WILL MAKE THAT MOTION TO RECOMMEND ADOPTION BY THE CITY COMMISSION [ORDINANCE] 2008-24, A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING THE FUTURE LAND USE MAP (FLUM] DESIGNATION ON THE SUBJECT PROPERTY FROM WINTER SPRINGS `RURAL RESIDENTIAL WITH CONSERVATION OVERLAY' TO WINTER SPRINGS `PUBLIC/SEMI-PUBLIC WITH CONSERVATION OVERLAY'." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: AYE VICE CHAIRMAN LACEY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department Requests The Planning And Zoning Board Consider The Ladybird Academy Preliminary Engineering/Site Plan, Located On The North Side Of SR (State Road) 434, Immediately East Of The South Seminole Christian Church And South Of The Barrington Estates Subdivision. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and added, "They will have to provide a traffic study for this. The Code allows that to be done at the Final Engineering stage." An Aerial Map was distributed to the Board Members. In addition, Mr. Baker suggested that, "We would encourage perhaps an amendment to the Development Agreement to not put in the wall -that besides saving money, that it is the best route to go." Continuing, Mr. Baker acknowledged that, "We do recommend Approval of this Site Plan subject to the `Findings' of the Traffic Study and some sort of legal mechanism be provided to exempt them from putting in the wall." Discussion. Ms. Sherry Fragomeni, P.E., President, Fragomeni Engineering, Inc., 4985 Hof,~ner Avenue, Suite 1, Orlando, Florida: addressed the Board Members and Ms. Fragomeni stated, "We concur with Staff's recommendations." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -OCTOBER 7, 2008 (RESCHEDULED FROM OCTOBER 1, 2008) PAGE 7 OF 8 "I WOULD LIKE TO MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER MARTINEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE VICE CHAIRMAN LACEY: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Regarding the Arts Festival, Board Member Karr expressed her Thanks to the City of Winter Springs. • • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM "201" WAS DISCUSSED NEXT. CONSENT AGENDA ITEM "201" WAS ALSO DISCUSSED PREVIOUSLY, AS NOTED ON PAGE 2 OF THESE MINUTES. .,..;. CONSENT 201. Office Of The City Clerk Approval Of The September 3, 2008 Regular Meeting Minutes. "I MOVE THAT WE TABLE THE VOTE ON THE MINUTES FROM SEPTEMBER 3, 2008." MOTION BY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: AYE VICE CHAIRMAN LACEY: AYE MOTION CARRIED. ADJOURNMENT Vice Chairman Lacey adjourned the Regular Meeting at 7:36 p.m. CITY OF W[NTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -OCTOBER 7, 2008 (RESCHEDULED FROM OCTOBER 1, 2008) PAGE 8 OF 8 RESPECTFULL Y SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: ROBERT L. HEATWOLE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the , 2008 Regular Planning And Zoning Board/Local Planning Agency Meeting.