HomeMy WebLinkAbout2008 10 07 Public Hearings 500 Ordinance 2008-18 Adopting a Small Scale FLUM AmendmentPLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 500
October 7, 2008
Meeting
Consent
Information
Public Hearin X
Re ular
REQUEST: The Community Development Department -Planning Division requests the Planning
& 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 434 (east of SR 417), from (Seminole County) "Commercial with
Conservation Overlay" to (City of Winter Springs) "Greeneway Interchange District with
Conservation Overlay".
PURPOSE: To consider the request of Greeneway Professional Plaza LLC (Montje Plank) on
behalf of East Coast Believers Church Inc. for a Small Scale FLUM Amendment, changing the Future
Land Use Map designation for the property at 1072 West SR 434 (east of SR 417), from (Seminole
County) "Commercial with Conservation Overlay" to (City of Winter Springs) "Greeneway
Interchange District with Conservation Overlay".
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (41: 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 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 or unfavorable 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;
October 7, 2008
PUBLIC HEARING AGENDA ITEM 500
(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 Planning A~ency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency shall
consider the application(s) at a Public Hearing, along with the staff review board's recommendation,
and recommend that the City Commission approve, approve with modifications (text only), or deny
the application for transmittal to the Department of Community Affairs. At a minimum, the Local
Planning Agency shall consider the same factors considered by the staff review board. The LPA shall
hold at least one (1) public hearing prior to making its recommendation to the City Commission.
CHRONOLOGY:
Aug. 18, 2008- Application received for Annexation and subsequent Future Land Use change
and Rezoning.
Sept. 18, 2008- Public Noticing in Orlando Sentinel of LPA Public Hearing
Sept. 22, 2008- Property Annexed by Ordinance 2008-17
Oct. 7, 2008- P& Z Board (LPA) to hear the request for the Future Land Use change and
make recommendation to the Commission.
CONSIDERATIONS:
Applicant - Greeneway Professional Plaza, LLC c/o Montje Plank, 500 N. Maitland Ave.,
Suite 110, Maitland, FL (407) 599-7009
Owner - East Coast Believers Church Inc., 555 SR 436 Suite 1002; Casselberry, FL
32707; (407) 774-3222
Parcel Number- 04-21-31-300-0060-0000
Acreage - approx. 7.06 acres
General Location - Vacant property at 1072 West SR 434 (east of SR 417)
Legal Description LEG SEC 04 TWP 21S RGE 31E NW 1/4 OF NE 1/4 OF SW 1/4 (LESS S 392.42 FT
OF E 208.71 FT + W 147.58 FT OF E 356.29 FT OF S 152.58 FT & EXPRESSWAY
ON S)
October 7, 2008
PUBLIC HEARING AGENDA ITEM 500
Chronology of Subject Property -Annexed into Winter Springs on September 22, 2008.
Existing Land Use -The property is currently vacant and vegetated, except for an area cleared in
2006.
A house was also demolished from the site in 2006.
The County Future Land Use designation is Commercial with Conservation Overlay. Adjacent
existing land uses, zoning and FLUM designations include the following:
SubjCCt Vacant Requesting Greeneway Requesting Greeneway Interchange
S1te Interchange District District with Conservation Overlay
(WS) from A-1 (SC) (WS) from Commercial with
Conservation Overla SC
North
`~ Vacant Conservation (WS) Conservation (WS)
SOUth Residence and Greeneway Interchange Greeneway Interchange District (WS)
Hendricks Antiques District (WS) and A-1 and Commercial (SC)
SC
East Vacant Suburban Estates (SC) Commercial (SC)
West Vacant Greeneway Interchange Greeneway Interchange District with
District WS Conservation Overla WS
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends -The current economy fosters an interest in commercial properties, such as the
subject property.
Proposed Future Land Use Classification -The proposed future land use map designation from
Seminole County "Commercial with Conservation Overlay" to Winter Springs "Greeneway
Interchange District with Conservation Overlay" is appropriate and compatible with the general
character of the area. All other properties in Winter Springs in this area have a future land use of
"Greeneway Interchange District".
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 Desi ation -The requested future land use map designation has
been determined by evaluating the character of the SR 434/SR 417 interchange area, as well as
evaluating the land use on other parcels in the City in the general area.
Concurrence -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
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 -
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.
October 7, 2008
PUBLIC HEARING AGENDA ITEM 500
Transportation- Access would be from SR 434 or a future frontage road, paralleling SR 434. SR 434
is classified as a Principal Arterial by Seminole County. This section of SR 434 is only two lanes
wide and development impact would likely generate too much traffic for the existing conditions.
However, the roadway is not under the jurisdiction of the City and coordination with the City of
Oviedo and FDOT will be required to address proportionate share mitigation options. A traffic study
will be required of the Applicant.
Sanitary Sewer- A 6" force main line is located on the north side of SR 434. Capacity is available.
Potable Water- A 12"potable water line extends along the north side of SR 434. Capacity is available.
Drainage- Due to the site's proximity to Lake Jesup, stormwater treatment shall meet SJRWMD
criteria for no net increase in the post-development phosphorous loading.
Energy-Efficienct Land Use-
Since the Adoption of CS/HB 697 into Florida Law (Chapter 2008-191, Laws of Florida) on July 1,
2008, all land use amendments are required to include data and analysis demonstrating that the
amendment will result in energy efficient land use and greenhouse gas reduction.
This property was previously an enclave in unincorporated Seminole County. Its annexation into the
City of Winter Springs and development will result in more efficient deliver of municipal services and
an energy-efficient land use pattern. Both water and sewer lines currently exist along the frontage of
the property and these lines currently service property to the east.
The property is located adjacent to two major transportation corridors and further the existing land use
and transportation patterns already established within the City. Because the property is infill
development, urban sprawl is discouraged.
Furthermore, this property is within the SeminoleWAY corridor, an initiative which furthers energy
efficient land use by promoting economic development along the State Road 417 corridor in Seminole
County.
Nuisance Potential Of Proposed Use To Surrounding Land Uses -The intent of the future land use
designation of the property is to apply a Winter Springs' Future Land Use Map designation that is
consistent with the surrounding land uses and obj ectives for the future of Winter Springs. Other areas
in Winter Springs at the interchange area have a Greeneway Interchange District land use. The
nuisance potential resulting from the change of future land use will be minimal in view that only one
residence is adjacent to the subject property and this residence is located in a commercial area. The
property to the north will remain undeveloped as conservation land. Additionally, the City's land use
development regulations and the site plan review process can ensure the prevention or minimization of
any potential nuisances.
Natural Lands Compatibility -Environmental concerns include impact to on-site wetlands, reduction
in wildlife habitat and tree canopy: The site appears to have some wetlands or environmentally
sensitive areas on the north side of the property, which is adjacent to a designated conservation area
owned by the SJRWMD. The site is vegetated except for an area that was cleared in 2006.
A wildlife survey of those species designated as endangered, threatened, or species of special concern
is required prior to final development approval for this property per Florida Administrative Code.
October 7, 2008
PUBLIC HEARING AGENDA ITEM 500
The subject property drains to the northeast with a drop in elevation of about 15'. The highest
elevation is about thirty-five (35) feet above mean sea level and is outside of the 100-year flood plain.
The soils on this property are Basinger & Smyrna fine sands - depressional [located in the northeast
portion of the site, likely in the wetland areas] and Myakka and EauGallie fine sands. Fill material
likely will be required to make these soils suitable for development.
Consistency With The Comprehensive Plan -The City's Comprehensive Plan indicates that SR 434 is
an arterial and is planned as a commercial corridor. The City Commission has previously designated
the property on the southeast corner of SR 434 and SR 417 area as Greeneway Interchange District.
The property will retain its Conservation Overlay designation. Conservation Overlay areas are
subject certain conditions for development approval.
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.
Environmental issues on the subject property must be satisfactorily addressed in order to permit
development of the property:
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 commercial
properties once the property is developed;
(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 (including SR 434) 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.
(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) The proposed amendment will cause the reduction in size of this unincorporated area that is
surrounded by Winter Springs and Oviedo. It will further enable Winter Springs to provide services in
amore efficient manner;
(6) The amendment is compatible with the surrounding neighborhoods and land use;
(7) The amendment will not cause the comprehensive plan to be internally inconsistent; 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.
October 7, 2008
PUBLIC HEARING AGENDA ITEM 500
STAFF RECOMMENDATION:
Staff recommends that the P&Z/Local Planning Agency hold a Public Hearing and make a
recommendation to the City Commission related to Ordinance 2008-18, which adopts a Small Scale
Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject
property at 1072 West SR 434 (east of SR 417), from (Seminole County) "Commercial with
Conservation Overlay" to (City of Winter Springs) "Greeneway Interchange District with
Conservation Overlay".
TENTATIVE IMPLEMENTATION SCHEDULE:
October 13, 2008- 1st Reading of Ordinance 2008-18
October 16, 2008- Public Noticing in Orlando Sentinel (10 days prior to adoption)
October 27, 2008- 2nd Reading /Adoption of Ordinance 2008-18
ATTACHMENTS:
A- Application
B- Noticing in Orlando Sentinel of LPA Public Hearing
C- Ordinance 2008-17 including Map & Legal Description
D- Current Future Land Use Map, September 2008
E- Proposed Future Land Use Map, September 2008
P&Z /LOCAL PLANNING AGENCY RECOMMENDATION:
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FG 32708
407-327-5967
FAX:407-327-6695
APPLICATION FOR ANNEXATION
AND SUBSEQUENT
COMPREHENSIVE PLAN AMENDMENT 8r REZONING PETITION
Greenway Professional PIa7a, LLC c/o
APPLICANT: Plank Montie S
Last First Middle
MAILING ADDRESS: 500 N Maitland Ave Suite 110
Maitland FL 32751
City State Zip Code
PHONE: 407-599-7009
If Applicant does NOT own the property:
PROPERTY OWNER: Church East Coast Believers lnc
Last First Middle
MAILING ADDRESS: 555 SR 436 Suite 1002
Casselberry FL 32707
City State Zip Code
PHONE: 407-774-3222
This request is for the property described below:
PROPERTY ADDRESS: 1072 SR 434.Oviedo FL
TAX PARCEL NUMBER: 04-21-31-300-0060-0000
SIZE OF PARCEL: 7.062
Square Feet Acres
Please state the reasons or justification for your Annexation, Comprehensive Plan Amendment (Future
Land Use Change), and Rezoning request: To promote development upon the specific site that is
consistent with the Citv Greenwav Exaresswav land else & Zoning. designations
Current COUNTY FUTURE LAND USE Classification: Commercial
Request for a Change to CITY of Winter Springs FUTURE LAND USE Classification: Greenwav
Interchange with Conservation overlay
if you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive
Plan, set forth the proposed Amendment in detail and provide supporting documentation.
Current COUNTY ZONING Classification: A-1
Request for a Change to CITY of Winter Springs ZONING Classification: Greenway Interchange
Mazch 20D5
ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS and REZONINGS are subject to the Approval of the
City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171,
Florida Statutes have been achieved.
COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each action is only
effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Department of
Community Affairs and are not effective until the Department of Community Affairs issues a "Notice of Intent" to find
the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida
Statutes. Unless otherwise provided bylaw, the Comprehensive Plan of the City of Winter Springs shall be amended
only ht~ice per year in accordance with 163.3187(1) F.S. and Winter Springs Code oFOrdinances, Section I5-32 as
fol Inws:
Annlication subntilta/ deadlines:
Spring- No later than 5:00 p.m, on the first Wednesday in February, The application(s) will be reviewed at a
meeting of the local planning agency to be held in April or ac otherwise practicable.
Fa//- No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of
the local planning agency to be held in October or as otherwise practicable.
SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of
consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.).
APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or heazings, with respect to
any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes,
they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony
and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION (Also include a
pdf of the entire submittal aackaae-:
^ A copy of the most recent SURVEY of the subject property with METES AND BOUNDS
DESCRIPTION.
^ A copy of the LEGAL DESCRIPTION.
^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
^ JUSTIFICATION for the Request.
^ NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
O Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
^ APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development.
ANNEXATION $ 500 $ S00
PRE-ANNEXATION AGREEMENT (Optional) $ 1000 $
COMPREHENSIVE PLAN AMENDMENT "per Applicant $ 500
Small Scale (Generally 10 acres or fewer) $ 500
Large Scale (Generally More than I Oacres; Text Amendments) $ 1000
REZONING per Applicant $ 500 $ 500 _
Plus $ 25/acre $ 200
Pursuant to Chanter 163 Florida Statutes
TOTAL DUE • $1700
ns~h 2cxis
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
r**I~srt*r*srrs***s*srr*s#*****ss**#*tt~*r**ss*s*ss*lelrssrss*+I~ssss•s~r**s*tsrts*ti*rs*ss
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is to certify that wn n fee simple of subject lands described within this Application for
Annexation an equent C rehensive Plan Amendment and Rezoning Petition:
Signat re of caner
Sworn to and subscribed before me this s
157+ day of AUC~U~f _ 20 ~ d. Notary Public
My Commission expires:
Personal ly Known : .............................................
_ Produced Identification: SUSAN D. GORDON
"'vn~'~a Comm# DD0693386
(TYPe) ' ~~`~ ~~
_ Did take an Oath a • ~ = EXpiro< £+~ ~ "~_ 1 S
Did Not take and Oath ~ ~~•- - ,
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I, Norman Dubois. Pastor of Church East Coast Believers do hereby, with my notarized signature, allow
Greenway Professional Plaza, LLC
c/o Montje Plank to represent me in the Annexation and
Subsequent Comprehensive Plan Amendment and Rezoning Petition of my property.
The property is identified as: Tax Parcel Number(s) 04-21-31-300-0060-0000
Located at 1072 SR viedo F and as
further identified on es an B ds description provided with this Application.
Signatu Owner(s)
Sworn to and subscribed before me this c~/'t~ c`J
1~N day of ~-tbtlo>' 20~. Notary Public
My Commission expires:
1~ Personally Known
Produced ID: (Type) _
Did take an Oath
Did Not take and Oath
..............YY....Y....Y.....Y.............
SUSAN D. GORDON
'ulr Comm# DD0893386
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March 2(1(15
COMPREHENSIVE PLAN REQUEST
Taken from Winter Springs Code of Ordinances, Section 15-36.
Address each of the following factors related to the request. Attach additional
paper as necessary:
^ What effect will the proposed amendment have on the City's budget or the economy
of the region?
Development of this property as would be initiated through the proposed amendment, would increase
City revenues, while minimally increasing any city costs.
^ Describe how the City might provide adequate services #rom public facilities to the
affected property. Will the amendment promote the cost effective use of or wiN it unduly
burden public facilities?
The proposed development upon the subject property will be served from fronting, existing ROW and
from adjacent or near-site Clty utilities, ensuring cost effective use of infrastructure.
^ Describe the impact that the proposed amendment will have on the Level of Service
(LOS) of public facilities including sanitary sewer, solid waste, drainage, potable water,
traffic circulation, and recreation.
No impacts upon the Level of Service of public facilities foreseen. The traffic concurrency will be
adequately evaluated during the Site Plan Review.
^ What impact will the proposed amendment have on the environment; natural
resources, historical resources of the City or the region?
No negative impacts to City or regional resources will be made. An Environmental Survey will be
conducted prior to development, and such impacts so determined, will be mitigated upon.
1 Lar<, '~. u h
^ Identify surrounding neighborhoods and land use. Is the amendment compatible
with these surrounding uses and land use designations?
See attached map & legend. This amendment is compatible with the surrounding uses and
land use designations.
^ Will the proposed amendment promote or adversely affect the public health, safety,
welfare, economic order, or aesthetics of the City or region?
The proposed amendment will promote the public health, safety, welfare, economic order, and
aesthetics of the area, pursuant to City Comprehensive Plans's Future Land Use Element objectives.
^ Identify how the request is consistent with the Goals, Objectives and Policies of the
Comprehensive Plan. Will approval of the amendment cause the Comprehensive Plan
to be internally inconsistent?
The amendment would be an implementation of development that is consistent with the intent of the
Greenway Interchange Land Use, and thusly also the goals, objectives and policies of the
Comprehensive Plan.
^ ,Describe how 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 29 F-19.001, Florida
Administrative Code.
The proposed amendment would promote the orderly development of the property, while providing
employment opportunities and and increased tax base; in implementation of the orderly social,
economic and physical growth as per the policy guidance of the Plan.
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CENTRAL FLO$IDA LAND DESIGN CORPORATION
500 North Maitland Avenue, Suite 1 10 Gre@nway Professional Plaza, LLC
Maitland, Florida 32751 1490$UnShedOW DrIV@, Slut@2020
Phone Number: (407) 599-7009 Cass@Iberry, FL 32707
Fax Number: (407) 599-0790 Phone:407-761-1154
Email: info®cfldc.com EB No. 8185
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ATTACHMENT B
Orlando Sentinel
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m. or soon iherealter, the OL504146FSEPT.7S
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hold d PuPllc Hearing in iRE ~CDryY~OF W(I~NgTENR~3PCIEtW63
Flavor Clio IMOII m~ 5: Ord- THAT TNE~LOgGI PIANNINO
an a Avenue, Orlando, FL pOENCY
32002 to consider the 2nd of o W~NILL COµµ~~~ppI~DER
AN OR~1lPAN~E OF iNE~~IN~~,~ AN_ORDAMN CE_ OFITHE
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. AL H NWLY ALOW Oranppa Count~YY~~ Florida
RI:7.65 FT T SWLY By; Christie WIIIis
HI TO POB IN SEC 15• Deputy Comptroller
p ~.L ID A 15-11-1B-OpOD• (County Comptroller Seal)
gain which assessed: SEPT11,81A~25,OCT.2
NCD FAIR 6 MARGA- _
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11 ACRES 00M~~llORE OA L SSr AND MORE PAR1RILpU• aunty,. Florida YDEASR OF ISSUANCE: 2 '
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be heard regarding TRICT WITH CONS RVA• FIiANA MANAGE-
ie. Persons wishing to TION OVERLAY"• nut C the holder of PARCEL ID i 32.21.19•p0pp•
eat anY.tlecislon mode PROVIDING FOR THEr tw~~nycOrttficofehas rypp~
ng the hearing will eed REPEAL OF PRIOR IN- vol certificate for a 0{I sine fn which assessed:
cofd Ot the proceetl~ngs CONSISTENT ORDINANC• a( ED f0 OC IsSUeEd qL~D j ~ANdDprRO~r}y being
uding the testimony 8 ES AND RESOLUTIONS, im The Certiflcota in the Loiunt p g
once on which the aD- SEVERABILITY INCOR• if pod year of Issu- v of ran e,
is based. Persons with pORATION INFO THE co deacrip}Ion of The State of Florida. Unless
bilfties needing assist- COMPREHENSIVE PLAN and the names In ouch cerificate ahbll be re•
r to participate ip this pND AN EFFECTIVE DAeas assessed erg deemed according to low,
is hearing should con- DATE. pnz such cerflfisote will the sold
the City Clerk's Of11ce ORDIININCE N0. 2001.19 LATE NUMBER: to the higMst bidder of tt~ ~
101) 216-4251, at leas) 24 pN ORDINANCE OF THE LA pp~ Conference Roam located
rs in advance of the CITY COMMISSION OF Asi55UANCEE: ~ Fba OrlcndaNS~~IAu pn
tin THE CITY OF WINTER CoTION OF PROP•
831640-SEPT.25 SPRINGS FLORIDA, OUTHLANDEXX at-3d•sooearlb:~°
'.e: n de r 0 CHANGgIN~r THE ZONING B PARK 11/77 a.m.
or soon thereafter the A1AP DESIGNATIO F D1~ CpR F l.T Doted: Aug•01.2001
tndo City Cauncil~will THE REAL PROPERTY 0£INE OF U5479s (Hp~~ ~pmP°~ollerCPA
I a Public Hearing in CONSTITUTING ONE NWLY 75.92 FT pro a CouMv~ Florida
~ Council Chambers, ARCEL TOTALING 7.06 II FT FOpp PO 5 By;~hrjstie Wlil(a
Flr., City Mali, 100 S. GROSS ACRES, MORE OR F 138,17 FT SLY pufy cam
nge Avenue Orlando LE55, AND GENERALLY F LY 60,50 FT Vyyy Prr011er ~ '
32002 to consider 2nd of LOCATED AT 1072 WEST CI~Y 04.70 Fi NE• (County Comptroller Seal)
eading~s: AN ORDI• STATE ROAD 131 IN WIN• FT NELY 133.69 OLS 13856-
ICE OF THE CITY OF TER SPRINGS, FLORA, RAN OF SOUTH- SEP1Q.11,10,0S,OCT3
_AN00, FLORIDA, AND MORE PARTt U- 1D TH E TOPON
=NDING THE LITY'S LARLY DEPICTED AN TNIp a 27.23.09-0191-
ipTEO GROWTH MAN- LEGALLY DESCRIBES 1M D~
EMENT PLAN gY ON EXHIBIT 'A AT• I~Orhtch assessed: NOTICE IS HEREBY GIY•
?NOING THE_ OFFI_ TACHED H RE7 FROM 6 ASSOC LLC EN that,CABERNET I LLC
cc""toot c rnuw~fv "w i" ~ ______. _ _
MA TO CMgNGE THE ,u ~~ ~ r ur wr i CK rnntY of Orange, ceniTiWte ttas filed acts '
FU URE LAND USE DES- SPRINGS 'GREEN WAV to Ida Unless cerfiflCateforaTAX DEED
INTERCHANGE DIS• ND e s to be Issued thereon. The
IGNATIOc75 FROM RE51- ~a~ Ault De rt
DENTTIAL MEDIUM IN- TRICT'• PEEROL(V,IDING FOR S.t_kY Aescrabed Iri yearlff Issucn ebfM de ~
' TENSITY TO COMMUNI- NCONSPSTENT ORIp1R- ~+~1[ate wltl pg sold scrlpt~on of the property
TY ACTIVITY CENTER pp
DESIGNATION AND TIONSESEV DRgESOTY- 'sRoeoimdeto cfetl wastosseasedscie ahscloli
MOVE THE BOUNDARY E g L' s
5 6.1 TO THE EA S EIRN OA7E. AN EFFECTIVE' ~3WchFlaldolon CERTIFICATE NUMBER: '
PROPERTY LINE- FOR ~N OE'WAY~OCfORGT~NEBd ano~D;Dp o,m, ~AR OF ISSUANCE:
PROPERTY GENEt~ALLY /ERS LOCNE TXE FJIf• Y~ 000
LOCATED NORTH OF TEtt ~N THE SI N pIAM• cl oynia, CPA 2~ '
WE57 GORE STREET, ~ WI ~ 2 troller DESCRIPTION OF PROP•
SOUTH OF WEST CY- SPNNDt N 1121 N9~ty Florida E Y: OAK PARK MAN-
PRESS STREET EAST OF SATE AD p/ WINT 6/a µ/illls OR OJI15 LOT 13 6 BEG sW
SOUTH ORANGE aL05• S9RINGS, FLORIQ,A tlypiroller COR LOT 11 RUNE 11 FT
SOM TRAIL WEST OF The proposed or mantes Vp~ptroller Seoll NWLY TO NW COR LOT 11
WOO~bt AV!?NUE, AND may be Inspected Ov inter- w~glF, ig 25 8 1012 5 TO POB LESS 5 S FT
eon ssK^ es nos Dated parties between 0 N¢,w.,;.,...e-- FOR RD ttnu pcn na .w„
SOM TRAIL, AS RE• Tnraugn rnao ar ~ me nv-• -•"• PARCEL Ip al 23.11-2g-6060
QUESTED BY THE PROP- Cirv's Clerk's Ol~lte, 10[at- ASHER BV GIY- 11130
ERTY OWNER- PROVID- ed of 1106 Eost State Rood C/F,UTE~RNES V Name in which assessed:
ING FDR SEV~RABILITY 471, Winter Springs, Flori• Pl.er of the fol- DONNA LEE SIMMER-
AND AN EFFECTIVE tlo. For more information G scale has Illed MAN
T call (407) ]21-IgOp k117. Per• Llate for a TAX ALL of sold ro rty befog
DA E. Interested parties sons with dispbililies need- UPiuued thereon. Cf
mov appear on be heard de number and ^ the pun y o Orange,
regarding the me. A com~ log assistance to parliclQole 1; State o Florltla. Unless
Fa In am of these araceedmgs N('a^ce, the de- such certlflt:ote shall be re•
plefe description by metes should contact the Employ- Kk the property deemed according o low,
d bounds b o copy of the ee Relations Department I s In which i{ the rvwrty deacr~bed {n
proposed ~rdmance is kd are as fat- p
ovadable in the Clty Clerk's Coordinator, N hours in ad• TF such certlficota wlli be sold
Office, Ctty Hall. Persons yonce ot. the mecline of q la the highest bidder at the
wishing to appeal env deci• 51071 321.1800, Extension F ~:1>tE 1~ Conf r nca Room, locolad
sbn made during the hear- ~- These are public Near- TIjN OFCPROP• Ct lOS ~• Church Street, 4th
log will need q record of the ~ngs. H you declda to oPaeol Ct~ Floor, Orkndo, Florida an
f env recommendation/deci~ RI!'INGTON ON
proceedings ncluding the N CB 1!108 Nov-061008 at lO:OD a.m.
testimony a evidence on ciao made by the Local EST 5 Dated; Aug•161001
which the oppppeal is based. PI°"nine Agency with re• HE Martha O. Havnle, CPA
Persons with disabltlties spec) to anY matter consw- Dsl 15.43.09.379& County Comptroller
needing ass stonte to par- Bred at ihii meeting, you N5 Oran a C un Fbrfdo
will nand a record of the ca ch assessed: g
ticipate in this Public hear- HARRISON Y: Miatle illit '
ing should contact the City proceedings, and for wch Col Deputy Comptroller
Clerk's Office d (407) 216• Purposes, you may need to borroperty being pun y Comptroller SeaU
2151, at least 11 hours in ad- ensure that a verbotlm re- Tiny, o} Orange,
yonce Of the meeting. cord of the proceedings is enlrida. Unless OLS820961•SEPT.1B,25,
made upon which the ap- 31 a shall be re• OCT.,2,9
COR/39711SEPT.15 peal-is based. Interested FlFdmg to low, _ _
parties are advised toot 3 t~descrlbed in g~ENDAN features: movie
they maY appear al the thM.vlHl be said
VIN7A6E VALUABIEf. maetine and be Aeard with Pr b~ader ai the Ifsfirps; mustc reviews;
It's not old, ir•s Vlntape! respect ro the proposes or• rioom, located COnCert information;
Search For your vintage dinances to-Yh Strwt Ith
valuables in the Sentinel o, Florida on aria and atlrDCflanl;
oossifieds Antiques sec-I,SL58140495EPT.75 TWt~ 00 o.m. r@S1WraBT rBVIBWS Dlld
f~rnie, LPA much mae. Inside the
Fridoy0rkandq Sentinel.
ATTACHMENT C
ORDINANCE N0.2008-18
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 A PARCEL
TOTALING 7.06 ACRES, MORE OR LESS, AND LOCATED
AT 1072 WEST STATE ROAD 434 IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM SEMINOLE COUNTY "COMMERCIAL
WITH CONSERVATION OVERLAY" TO CITY OF WINTER
SPRINGS "GREENEWAY INTERCHANGE DISTRICT 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 October 7, 2008, 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.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2008-18
Page l 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 ofthe 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 E%hibit "A" from Seminole County "Commercial with Conservation Overlay"
to City of Winter Springs "Greenaway Interchange District 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 maybe 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 effectthirty-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 fmal order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
City of Winter Springs
Ordinance No. 2008-18
Page 2 of 3
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 , 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. 2008-18
Page 3 of 3
EXHIBIT A
~ l+ J J ,x r Jf
~ f f ~u ! ~r .r~n ~ rt
r ~ ~ ! ,f ~e.. r
> .'
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~ ~,,
r Subject
~~~ ~,f ` Parcel
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<~
/
/ ~. r `,; i
• v r , r _. x ti i ~ r ,t fem. ~ `y ny ~ ~ ~.,. r
X { f ~VTEDtJ
r.~ x 1
1E it ~ < ~~< 1 l {
:
r „
r ~ ,S y ,~
. ,., n~C _
. ~ / i _
/, .~ ~' i s , ~ ~ ti' ( .• ,;
4
/ ~ ~ ~ 0 / f • f S~ a ;' '•~
Legal Description:
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 114 OF SECTION 4,
TOWNSHIP 21 SOUTH, RANGE 31 EAST, (LESS THE SOUTH 392.42 FEET OF THE EAST 208.71
FEET AND THE WEST 147.58 FEET OF THE EAST 356.29 FEET OF THE SOUTH 152.58 FEET
THEREOF), SAID LAND BEING iN SEMINOLE COUNTY, FLORIDA, (LESS ROAD AND RAILROAD
RIGHTS OF WAYS), AND LESS THAT PORTION GIVEN TO STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS
BOOK 2295, PAGE 1835, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Metes and Bounds Description:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4;
° ~ ~~
THENCE RUN N.89 51 53 E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION
4 A DISTANCE OF 1355.43 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN S.00°34'27"E. ALONG THE EAST LINE OF
SAID NORTHWEST 1/4 A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. THENCE
LEAVING SAID EAST LINE RUN N.89°51'53"E. 677.68 FEET; THENCE S.00°30'59"E. 234.11 FEET;
THENCE S.89°44'18"W. 208.71 FEET; THENCE S.00°30'59"E. 239.84 FEET; THENCE S.89°44'18"W.
147.58 FEET; THENCE S.00°30'59"E. 130.87 FEET; THENCE N.83°45'43"VV. 323.05 FEET; THENCE
N.00°34'27"W. 569.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 7.06 ACRES MORE OR LESS.
ATTACHMENT D
Current Future Land Use Map
0 550 1,100 2, 200 Feet
N
LEGEND
Greenway Interchange District
Commercial
Medium Density Residential
Low Density Residential
Suburban Estates
_ Conservation
® Conservation Overlay
Source: Seminole County GIS, City of Winter Springs, September 2008
ATTACHMENT E
Proposed Future Land Use Map
~~
'°' SR
\~
~9
;.~
Pro
1'
~
z
,
,~' z
~, Q
~~
~~
PINE CAF
~ y'~o
Q ms
JE3AMY
x°
~~
h
'9 V
Z Q
m
pICKERINGT~ ~
0 550 1,100 2, 200 Feet
LEGEND
Greenway Interchange District
Commercial
0 Medium Density Residential
Low Density Residential
Suburban Estates
- Conservation
® Conservation Overlay
/~
N
Source: Seminole County GIS, City of Winter Springs, September 2008