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HomeMy WebLinkAbout2008 12 03 Public Hearings 500 Ordinance 2008-21 Adopting a Small Scale FLUM Amendment,+ PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 5 0 0 Information Public Hearin X Dec 3, 2008 Re ular Meeting REQUEST: The Community Development Department -Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2008-21, adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of a 3.136 acre parcel more or less, located at 300 West SR 434 (adjacent to Barrington Estates), from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". PURPOSE: To consider the request of Metro Church of Christ (regarding the property formerly owned by South Seminole Christian Church) for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for the property at 300 West SR (adjacent to Barrington Estates), from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". 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 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; (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; December 3, 2008 PUBLIC HEARING AGENDA ITEM 500 Page 2 of 6 (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 Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staffreview 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. Annexation Agreement, Adopted November 24, 2008 CHRONOLOGY: Aug. 12, 2008- Application and draft Agreement received for Annexation and subsequent Future Land Use change and Rezoning Sept. 2, 2008 Staff Review Meeting Nov. 20, 2008- Public Noticing in Orlando Sentinel of LPA Public Hearing Nov. 24, 2008- City Commission Approval of Annexation Agreement Dec. 3, 2008 P& Z Board (LPA) to hear the request for the Future Land Use change (Ord 2008-21) and make recommendation to the Commission. CONSIDERATIONS: Applicant - Metro Church of Christ, c/o Randy Whitesell; 1491 SR 434 E, Ste 101; Winter Springs, FL 32708; (407) 366-7714 Owner - Metro Church of Christ, c/o Randy Whitesell; 1491 SR 434 E, Ste 101; Winter Springs, FL 32708; (407) 366-7714 [formerly (until July 2008) South Seminole Christian Church] Parcel Number - 04-21-31-300-0150-0000 Acreage - approx. 3.136 acres General Location - Developed property south and adjacent to Barrington Estates (mailing address- 300 W SR 434; Oviedo, FL 32765) Legal Description LEG SEC 04 TWP 21S RGE 31E W 425 FT OF S'/2 OF NE'/. OF NE'/. OF SE'/. (LESS RD) Chronology of Subject Property -Property purchased by Metro Church of Christ in July, 2008. Annexation Agreement adopted on November 24, 2008. The property will be considered for annexation with public hearings on the same dates as the public hearings for the change of future land use and zoning. December 3, 2008 PUBLIC HEARING AGENDA ITEM 500 Page 3 of 6 Existing Land Use -The property is developed and currently used for the following private non-for- profit and leased for-profit uses: ^ Offices, professional and business -Counseling Ministries ^ Health and exercise clubs and athletic training facilities -Gold Medal Gym ^ Religious Assembly -Cornerstone Russian Church, WayPoint Church, and Christian Church The County Future Land Use designation is Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: Subject Offices, Health & Requesting C-1 Requesting Commercial (WS) from Site Exercise Gym, and Neighborhood SE Suburban Estates (SC) Religious Assembly Commercial (WS) from A-1 SC) North Single Family R-lA Single Family Low Density Residential (WS) Residential Dwellin District WS _ South Residential and R-1 (OV) _ ____ Low Density Residential (OV) & (SC) Vacant __ East Vacant (proposed C-1 Neighborhood Commercial (WS) Lad bird Academ CommercialSWSZ West Entrance to Barrington R-lA Single Family Low Density Residential (WS) Estates Dwellin District WS (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The South Seminole Christian Church has aligned with Metro Church of Christ who has become the owner of the property. There are no immediate plans for redevelopment of the property. Proposed Future Land Use Classification -The proposed future land use map designation from Seminole County "Suburban Estates" to Winter Springs "Commercial" is appropriate and compatible with the general character of the area. All other properties along SR 434 in Winter Springs in this area (with the exception of Barrington Estates) have a future land use of "Commercial". 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 SR 434 and existing uses on the property (both profit and non-profit), as well as evaluating the land use on other parcels in the City, in the general area. Concurrency -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. December 3, 2008 PUBLIC HEARING AGENDA ITEM 500 Page 4 of 6 Public Facilities - At such time as the site redevelops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated. Transportation- Access is from SR 434 and is classified as a Principal Arterial by Seminole County. This section of SR 434 is not under the jurisdiction of the City and is only two lanes wide. Sanitary Sewer- The Property currently utilizes a private, on-site sewage treatment facility (septic tank). Under the terms of the Annexation Agreement, Metro Church will not be obligated to change its current form of sewage treatment, provided said system does not become inoperable or detrimental to the health, safety and welfare of the general public. At such time as the property re-develops, it will connect to the City's central sewerage system. A 6" force main line located on the north side of SR 434 currently ends at the entrance to Barrington Estates, but will be extended across the frontage of the subject property with the development of Ladybird Academy to the east. Treatment capacity is available. Potable Water- The Property is currently provided potable water service from the City of Oviedo and will be allowed to continue this service until such time as the property redevelops, even though the City has a 12" potable water line located on the north side of SR 434 at the property's west property line. The development of the Ladybird Academy to the east will result in the extension of this water service line across the property's frontage. At such time as the property redevelops, the property will be required to connect to the City's potable water system. Capacity is currently available. Under the terms of the Annexation Agreement, Metro Church will be granting a 15'x15' utility easement to the City for improvements to the City's potable water system. Drainage- Currently the site does not provide any on-site stormwater retention. Should the property redevelop, stormwater retention will be required. Energy-Efficient 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 eventually result in more efficient deliver of municipal services. The provisions of s. 171.046(1) F.S. states "The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves." The developed property is located adjacent to a major transportation corridor (State Road 434) and utilizes the existing land use and transportation patterns already established. 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 objectives for the future of Winter Springs. Areas along SR 434 generally have a Commercial land use. The nuisance potential resulting from the change of future land use will be minimal in view that the property is already fully developed and no changes are being proposed. December 3, 2008 PUBLIC HEARING AGENDA ITEM 500 Page 5 of 6 Natural Lands Compatibility -The property is fully developed and no changes are being proposed. Consistency With The Comprehensive Plan -The majority of State Road 434 has a Commercial land use designation except for those portions in the Town Center or Greeneway Interchange District. The comprehensive plans states that the maximum floor area ratio (FAR) of Neighborhood Commercial is .30 FAR. The subject site is developed with a FAR of .21 which is in compliance. The property is located within the SR 434 Overlay Zoning District. Any redevelopment of the property will be subject to the overlay district design criteria. FINDINGS: (1) The proposed amendment will likely not increase the property tax revenue because of the property's exemptions. However, portions of the property that are leased maybe subject to taxation; (2) No changes are being proposed to the current uses existing on the property and therefore, there will be no change to the level of service (LOS) of public facilities. In the future, if the property redevelops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services (including SR 434) is accommodated; (3) The property is already developed and no site changes are proposed. At such time as the property redevelops, the proposed development will be required to comply with environmental standards. (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 annexation eliminates a County enclave that is surrounded on the north by Winter Springs and to the south by Oviedo and will eventually further Winter Springs ability to provide services in an 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. 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 2008-21, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at 300 West SR 434 (adjacent to Barrington Estates), from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". TENTATIVE IMPLEMENTATION SCHEDULE: Dec. 8, 2008- 1St Reading of Ordinance 2008-21 Dec. 18, 2008-- Public Noticing in Orlando Sentinel for Adoption of Ordinance 2008-21 Jan. 12, 2009- 2°d Reading/Adoption of Ordinance 2008-21 December 3, 2008 PUBLIC HEARING AGENDA ITEM 500 Page 6 of 6 ATTACHMENTS: A- Application B- Noticing in Orlando Sentinel of LPA Public Hearing C- Ordinance 2008-21 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: ATTACHMENTA 'A~ o,' o qGG' ~~1 CITY OF WINTER SPRING533~2~ r, o` COMMUNITY DEVELOPMENT DEPARTMENT ms~P 10 ~O 1 l26 STATE ROAD 434 ~oA ~ O~ WINTER SPRINGS, FL 32708 ~m~tics 407-327-5967 FAX:407-327-6695 APPLICATION FOR ANNEXATION AND 8UB8EQUENT COMPREHENSIVE PLAN AMENDMENT 3 REZONING PETITION APPLICANT: MF7"(Zy ct~ ~t7 ~ u ~, r r U2.t6T last First Midas MAILING ADDRESS: 1''l~ (_~ ~~3 ~j ~ ST ~ t h t _~ 11..1T~R- ,SPP.tltfs<.S ~ (.. :ri2'7 n f j City Stns Zip Code PHONE; ~[ e-~ - 3 fo (. - 7"? l tg If Applicant does NOT own the property: PROPERTY OWNER: bout'H SGMtr.tot.C ~ Gt~K.tsT t rsu cNues.it rlU~~ last Fast Middle MAILING ADDRESS: 3bo ~! 6R ri3~~ by tL"t]a fiL 3'Z-7 L~ cny sate zip cede PHONE: This request is for the property described below: PROPERTY ADDRESS: 30 ~ 1n! S. 2 ~13~i Ovt Rbo% ~ 3z'7 ~S TAX PARCEL NUMBER: c7~t-Zt-'?l~-Son-olSb-Oc~G? SIZE OF PARCEL: ! 2'7,~,t a S G.+^ 2. a l a rm SQwro Fat Acroa Please state the reasons or Justification for your Annexation, Comprehensive Plan Amendment (Future Land Use Change), and Remtting request: Current COUNTY FUTURE LAND USE Classification: SE Request for a Change to CITY of Winner Springs FUTURE LAND USE Classification: IoM Mc:zc, n~ If you are requcsdng 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: ~- t Request for a Change to CITY of Winter Springs ZONING Classification: G- ! IU~-ah~e2~toeb Ce»IFAt1Rc,A.C. ~~ By submitting lhis application you hereby grant temporary right of entry for city officials to enter upon the subjeet property for purposes of evaluating this application. tttttttttttttttt+ttttttttttttttttrttttttttrtttstttttttttttttrtttttrttttttttrtttttttttt FOR U8E WHEN APPLICANT IS OWNER OF THE HUBJECT PROPERTY' This is to certify that 1 am the Owner in fee simple of subject lands described within this Application for Anryxstictr and Subsequent Comprpltegsfvy~}9rt Aya/ttdment and Retuning Petition: ofthvner S rt~and sub tbed before me this day of ~~~. 20Q~ Notary .....•,. Personally Known ~~ ~ ttlt~~V Produced Iderrtiflcation: Nlllt~ Dtw - itllb ~ ~~ cTyP~) G ~ -~. ~ wa~~as.~n ~_ Did take an Oath 81~IIIINg 8 ~ 11~ Did Not take and Oath f11MI~g1liNtt~1~/~lrt>M~ ttttttitttttttttttttttit•tttttttttittttttttitttttttttttitittttittttttttttttttitttttttt FOR U8E WHEN APPLICANT t8 NOT OWNER OF THE 8UBJECT PROPERTY: t, do hereby, with my notarized signahtre, allow ~/ ~p . M cfi~+ Gk~- to represent me in the Annexation and Subsequent Comprehensive Plan Amendmem and Rezoning Petition of my property. The property is idemified as: Tax Parcel Number(s) [5 r-t ~ 2 1 -~,(.- -fie ~ , n ~_s n - n..n~ Located at 3c5o ~,/ srz t-r~ rev - ~~o ~: t_.. 32-~ v and as firrther identified on the Metes and Bowda description provided with this Application. Signature of Owner(s) Sworn to and subscribed before me this day of __ 20 Notary Public My Commission expires: Personally Known Produced 1D: (Type) Did take an Oath Did Not take and Oath tam aios ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS and REZONINGS are wbjeM to the Approval of the City Commission. Each atxion is only effective when the Noti~x and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. COMPREFENSIVE PLAN AMENDMENTS are wbjecl to the Approval of the City Ctxnmiasion. Each action is only elTectfve 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 Affaire and ate not effective until the Department of Community Affairs issues a "Notice of intent° to find the Comprehensive Plan Amendment in compliance with tlu requirements of Chapter 1639184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive PIa1 of the City of Wimet Springs shall be amended only twice per year in accordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows: ~licatior: subn~irml deodllner: Spring- No later than 5:00 p.nt. on the first Wednesday in February. The application(s) will be reviewed at a mating of the local planning agency to beheld in April or as otherwise predicable. Fall- No later than 5:00 p.m. on the fits[ Wednesday in August. The application(s) will be reviewed at s meeting of the local planning agency to beheld in October or as otherwise pr~ticablc. SMALL SCALE AMENDMENTS may be approved without regard to statutory fimiu 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 aqy decialans made at the mactin8a or hearings, with [aspect to aay matter considered d the meetings or hearings, they will [teed a record of the proceedings and, for ach purposes, they will deed to insure that a verbatim record of the proctxdGrga is rttade, at the'v cost, which includes the tcstimany and evidence upon which the appeal is to 6e Dosed, per 286.0103, Florida Statutca. THE iFOLLOWINO ITFJIi18 ARE TO BE 8UPPLIED WITFI THIS PPLJCATION: ^ 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 showirp ADJACENT STREETS and ZONING AND LAND USE Gasaifications on the ADJACENT PROPERTY. ^ JUSTIFICATION for the Request. ^ NAMES and ADDRESSES of each property owner within 150 R. of each property line. ^ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). ^ APPLICATION FEES: FEES arc as SHOWN BELOW plus ACTUAL COSTS incurred forADVERTIS[NGr 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 deveioprttem. ANNEXATION s 500 s yA0 , 00 PRE-ANNEXATION AGREEMENT (Optional) S 1000 s COMPREHENSIVE PLAN AMENDMENT per Applicatt S 6~ .°a Small Scale (Generally 10 acres or fewer) S 500 Large Scale (Generelly More than IOacres; Text Amendments) S 1000 REZONING per Applicant s 500 s~oa. °O Plus S 25/acn s 7Z, 7S ~ t~asuaca to Chnner 163 Florida Shmtea. TOTAL DUE s 1 ~7Z • ?~ Seminole County Property Appraiser Get Information by Parcel Number Personal Property' Please Select Account Page 1 of 2 ;~',~. F~~~Alin. DkV(D J6Kl~M. CFA. ASA ~P!RA15ER ~~«W~„r ~~.. i tOt ~. FIKS-r sr s+rr~oR~4 Fc,3a71-7AB8 4Q7-8~s.-?'SOB VALUE SUMMARY VALUES 2008 Working 2007 Certified GENERAL Value Method Market Market Parcel Id: 04-21-31-300-0150-0000 Number of Buildings 2 2 Owner: CHURCH METRO OF CHRIST INC Depreciated Bldg Value $1,428,393 $1,448,977 Mailing Address: 1491 E SR 434 STE 101 Depreciated EXFT Value $669 $669 City,State,ZipCode: WINTER SPRINGS FL 32708 Land Value (Market) $572,378 $292,000 Property Address: 300 434 W Land Value Ag $0 $0 Facility Name: 01 COUNTY TX DIST 1 T Di t i t Just/Market Value $2,001,440 $1,741,646 - - ax s r c : tions: 36-CHURCH/RELIGIOUS Q Exem Portablity Adj $0 $0 p Dor: 71-CHURCHES Save Our Homes Adj $0 $0 Assessed Value (SOH) $2,001,440 $1,741,646 Tax Estimator P.. ortat~il ity__Calculator. 2008 Taxes and Taxable Value Estimate Taxing Authority Assessment Value Exempt Values Taxable Value Millage Taxes County General Fund $2,001,440 $2,001,440 $0 4.3578 $0.00 Schools $2,001,440 $2,001,440 $0 7.4130 $0.00 Fire $2,001,440 $2,001,440 $0 2.3299 $0.00 Road District $2,001,440 $2,001,440 $0 .1068 $0.00 SJWM(SaintJohnsWaterManagement) $2,001,440 $2,001,440 $0 .4158 $0.00 County Bonds $2,001,440 $2,001,440 $0 .1451 $0.00 http://www.scpafl.org/web/re_web. seminole_county_title?PARCEL=04213130001500000&coparce1=2131043 0001500000&cp... 8/ 12/2008 Seminole County Property Appraiser Get Information by Parcel Number Page 2 of 2 Total 14.7684 $0.00 The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates. SALES Deed Date Book Page Amount VaGlmp Qualified 2007 VALUE SUMMARY QUIT CLAIM DEED 07/2008 70 0879 $100 Improved No 2007 Tax Biil Amount: $0 WARRANTY DEED 03/1978 01174 1944 $100 Vacant No 2007 Taxable Value: $0 WARRANTY DEED 01/1974 01041 0744 $21,300 Vacant Yes DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS Find Sales within this DOR Code LAND LEGAL DESCRIPTION Land Assess Method Frontage Depth Land Units Unit Price Land Value LEG SEC 04 TWP 21S RGE 31E W 425 FT OF S 1/2 OF NE 1/4 OF NE 1/4 OF SE 1/4 SQUARE FEET 0 0 127,195 4.50 $572,378 (LESS RD) BUILDING INFORMATION Bld Num Bid Class Year Blt Fixtures Gross SF Stories Ext Wall Bld Value Est. Cost New 1 STEEL/PRE ENG 1982 9 6,075 1 METAL PREFINISHED $284,153 $430,535 2 STEEL/PRE ENG 1994 21 20,436 1 METAL PREFINISHED $1,144,240 $1,412,642 Subsection / Sgft OPEN PORCH FINISHED / 564 Permits EXTRA FEATURE Description Year Blt Units EXFT Value Est. Cost New ALUM CARPORT NO FLOOR 1986 418 $669 $1,672 OTE: Assessed values shown are NOT certfied values and therefore are subject to change before being finalized for ad valorem tax purposes. '""` If ou recentl urchased a homesteaded roe our next ear's roe tax will be based on Just/Market value. http://www.scpafl.org/web/re_web.seminole county title?PARCEL=04213130001500000&coparcel=21310430001500000&cp... 8/12/2008 Comurehensive Pi1an Request: Taken from Winter Springs Code of Orolinances, Section 15-36: 1. What effect will the proposed amendment have on the City's budget or the economy of the region? a. The site is currently within the Cities service area for public services. No changes to the Cities services will be required with this request. 2. Describe how the City might provide adequate services from public facilities to the affected property. Will the amendment promote the cost effective use of or will it unduly burden public facilities? . a. The property proposed for annexation into the City of Winter Springs is surrounded by properties that already lie within the City limits. The requested land use for the property is commercial to be utilized as a gymnasium and assembly hall for members of the Metro Church of Christ. The requested annexation will not have any impacts to the City's parks nor school systems. The infrastructure necessary to support the requested land use amendment such as water, sewer, and roadways exist within this area and will not have to be extended to the property. 3. 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. a. The property has an existing 26,000 s.f commercial building that requires an estimated LOS for the following utilities. i. Sanitary Sewer = 8,500 gpd (LOS .25glsf ft/d) ii. Solid Waste =Private waste collection iii. Potable water = 8,500 gpd (LOS .25g/sf ft/d) iv. Traffic circulation =The site is developed and will have no additional impacts to SR 434. v. Drainage =The site is devebped, no additional drainage will be required for this development. vi. Recreation =There will be no impacts to the City's recreation system. 4. What impact will the proposed amendment have on the environment, natural resources, and historical resources of the City or the region? a. This property proposed for annexation into the City limits is a developed site. There will be no additional impacts to the environment, natural resources, or historical resources from the requested annexation. 5. Identify surrounding neighbofioods and land use. Is the amendment compatible with these surrounding uses and land use designations? a. North =City of Winter Springs FLU Residential Low (existing single family development). Existing zoning R-1A b. West =City of Winter Springs FLU Residential Low (existing single family development) Existing zoning R-1A c. East =City of Winter Springs FLU Commercial (Vacant). Existing zoning C-1. d. South =City of Oviedo FLU LDR (existing single family residence). Existing zoning R-1 e. The proposed annexation, FLU, and zoning application are compatible with the surrounding established land use patterns. 6. Will the proposed amendment promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the City or Region? a. No. As previously stated this is a developed site that is surrounded by the City limits of Winter Springs. Annexation into the City will not adversely affect the public health, safety, welfare, economic order or aesthetics of the City or Region. 7. Identify how the request is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. WII Approval of the amendment -cause the Comprehensive Plan to be internally inconsistent? a. As stated in the City of Winter Springs Future land use element, the City will have a deficiency of approximately 31 acres of commercial land within the City limits by the year 2010. This application is for annexation of approximately 2.9 acres with the proposed FLU of Commercial and C-1 zoning, which will help the City to meet it stated future goals by the year 2010. b. The proposed annexation application is consistent with.the following Goals, objectives and policies in the Comprehensive Plan of Winter Springs. Future Land Use Element 1. Policies 1.2.3 and 1.2.14 2. Objective 1.3, Policies 1.3.3 and 1.3.4 3. Policy 1.4.2 4. Policies 1.5.4, 1.5.6 5. Policies 1.6.5 and 1.6.6 6. Objective 1.8, Policy 1.8.2 Infrastructure Element: 1. Policy N~--3.1 8. Describe how the proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan set fourth in Chapter 187, Florida Statues, and the East Central Florida Regional Policy Plan adopted by Rule 29 F-19.001 Florida Administrative Code. a. The proposed annexation application is consistent with the following goals, objective and policies in the State of Fbrida Comprehensive Plan Chapter 187. i. Chapter 7 water resources 1. Policy (b). 5 ii. Chapter 15 land use 1. Goal (a) iii. Chapter 17 public facilities 1. Policies (b). 1 b. The proposed annexation application is consistent with the following goals of the East Central Florida Regional Policy Plan adopted by rule 29 F-21.001 Florida Administrative Code. i. Section 1: Economic Development 1. Policy 1.2 ' OIiBn~D SentlneIl ~ Le ~INoGi ~. HE II ~ ~N N F ORI A U9 II 0 L N 1AL ~ 8 CIVIL IVI~ of MIt Sorer 0.K 161 • eoorbaro ~~ Johnson, appll~ant; Ra• TAe' pro~ossd ord n~rlees F gwst far (1) a to slxe varl• orgy De nspected DY nter- 1~1pI1I1 lpANh o ntetofrom 13,560d~seq~uare ested parp6tieps bYetwoeen B pla(nTlff, jl L4)to I~I~~nts~SOlteet fo(SO CIW u~Cle krldOfffce jatha vs. r 8 ~( eet o (3) sront vard saf• ed a~ 1126 East State Road ~p~(y C, s,I~ I ~acli variance from 50 feet 434, Winter Sprl s, FIOprrI ps}endant~.T' I o 22pp fN , a (4) rear yard do. For mortt I~n r atlon !' letback vorlance from call (107) 727•1800 7. Per- ' f~ef to 20 het; and o (S~ one wBh disabllit need- ~~ ` a ddee yard (south) setboc ~ng asfl~once to partlc14aM Hariance from 10 het To 7.5 n any these proeesd nos NOTICE ISd eet i4r a sinela familyy should conncoct the EmploY• EN ounuard 1 ~ ~~o~sme t~n A•1 (AuriculTurel es Relations Department Summary RI bostrilde toRUteSefpresttaa ~clenofothemosuetin9aaf ~ 3 O~Wu ~ bfHimate4Sytree))tf (BVo ~~~Thnelan~puDlleuunppMppeaeaar UCk:No• I jJoY~W IllurtnlSPlanner tinY~recomrn~enidatiaoNdacll CouXX nX ii qq I {Ion made by the Locol Countyy FI I f 201 YalestlM Ws • Seminole Planning Agenc~ with re• UR0~1A I punt oard of Cuunfy sped to any ma rwnald• IC ~~gg LLLC.rt ~ ommrui)o~fers, applicant; er d of thli -meeting, You R~NALD f ~ equesf or a uildln will need a record of the p ANNA 1 ~ Iaht variance boor 35 fN~ proceedings, and }or such KNOWN TM Yo S4 f~ef for a proposed f re purposes, You may nebd to UNKNOWN.11 train ne tower in P D ensure thot a veroaflm rte NO 2; ADI (Planned Cam rcial Da• cord of the proceedings is KNOWN P 1 velopment) distitect; Locat- made upon which the aD• ING INTfO 3ed on fha aasouthQalde M Vol- veal is based. Ipterested THROUGIN 1801V200B104) 3(Otsisc 5 9y ~meefl o cod bsehecrdtwtl lei € O~AOTRTnn i PKP~af°h~r Fall, Principal r~pect to the proposed or• CLAIdMIING I d nances. RIGHT, T lu EST IN T I 2110 NsrBosr LNdlq Ws = SLSB81970 11/!0 HEREIN i '_ Marv Ann Lucas, o pllca~t• dehndants . hl Met an > SLS885351 0 ow ng escr a rea FL I property: r ~ ,a~ 8 L~1 288 of AVALON PARK PlainfiH y A I Y E NO~TIiNYEST VILLAGE'S s E PH E 2,••3, ANDA, ac ord• , a~gp rn~derdhlnpPlotlbMoorlc~~, m REMIN AN OR INANC~ OF THE PaOs(s) 94 through 103, in• MENTS CITY COMMISSI N EOF clue ve f the Public Re- af°^do 7HE CITY OF W NT R ~~ ~ grange Counfv SPRING FL RIDA, ~ACCDOPTTI G A MpALLpL t fi USELMA UA~yURNDMENT Imeproever einii It~lxtwei ra~o- ~ BY CNANGINf€THE FU- ai°nces• and appurtenant- NOTICE. 3 es on s Id land or used In EN theft TORE LAAND USOE MAP Summol REAL PROPEN TY CON C~opn~'~uncton therewith. FareeloR R 7h6 aforesaid sole will M S STITUTING ONE (1) PAR- made ursuant to o Sum- Attlon8 GEL TOTALINGG 2.91 mart ~inal Judgment e~l• Ny Cir rI ACRES, MORE OR LES5S bred in Clvll No. pandin n Y ANDT CAETED AT 30Q n nth Judiclyol Circuit in 4nd whe-ein i M WE~TER AS5PR NGSD LF OR ~ Orange Counri, Florkia. PIaInN b IDA, LEGALLY DE• A°yy pe-s°n cl Iming a riYht INVES I ~ SCRIBED 0 EXHIBIT, to fundsrematnlrroc~HertM al, are ~ ~ A' ATTACH p HERETO Nle must f k a cla m wHh will NII °1 FROM SEMI OLE COUN~ the undlrslgned Clerk no Bc TTYgR•S ' TO CyTTTY OMFMWIkN- later Than 60 days after }M best bl ~d' TH€ i{ PPE~LIDINGR(OR DAfEO this 17th tlaY of No- S~~ a. LQ c NE F P OR ve)nber, 2008 •P~ NANCESIAN NRESOLDU- YDJ,A GARDNER Ifatdh n I TNIONS SEV~RAgNI ITYdd ~~~~T OF THE COUNTY J~ Ho THE COMPREHENN~NVE CIVI COryryU~e~RT SEAL) calf: TIV N AND AN FFEC• Y'f~Clarkine Bernal ~ resat i 5e. ~,~"1~E 1q "°~4 ~ AN DIp~Y1NCE30 HE In accdrdance with th9 A- DATE r ( THE CITY Of W F mer(cans with Disa Illtes CITY- C MIS ION 0 p s ~ Novem INTER tlas~ rroidln9 a isvedt s0~ CI: I SPRINGS F RIDA commodatlon shoula can- Any soy CHANGING TH~ ONIN tact CourT,Adminlatratlon, Tereat d : MAP DESIGNAT ON p~ at 425 North Orongs Ave• tM sal DE CTCHE REALL?7 PROPERTY) nue, Suite 2130 Orlando, the Ppr PARCEIL TOITALING 2 9I Florida 32801, telephone: hie dO 107-836.2303 not Ipter than must fl he ,ACRES MORE OR LESS, seven (7) days prior to fM days ° pe AND GrENERALLY LO- pr cesdin If hearln im• hit CATEED AT 300 WyyEEyyST ) Person la TER SPRINGS~LORIDA, a VOIt~ (V) 1. 00955.5~g7A, needl N E CCU via Flor da RRelar Service. dilation IARLY DREPICTERDTAND tfie Ce iRj LEGgLLY DESCRIBEED COR887300•NOV.20,26 IZ5 Y ON EXHIBIT A' AT• Suiteg < ONI TACHED HECCRRppETO FROM LOSERSyfwli4hl s UN TO CIDTLY€ OFU WIN7E R Impair e q-72 SPRINGY C•1 NEIGHBOR- WEEPERS. HOOD COMMERCIAL"• rssr PR VIDIN FORRR 7H~ Stop weeping over LYDIAO~ ES REPEp~ 0~ PpRIOR IN- ' be C N ISTENT 8RDINANC. your lost valuable. ~~uR k 'ant E ND RES LOTIONS Find them In the CIVI a', Inlr S ABILITY AND AfI LS 1 ~r E TIV f . Sentin@I Classifieds ~~~ x Lost & Found. ~ ~~ ~ sd , of ih ' xate ' et, /t ' Ida ai y1 .m. '(a~loA) PA _ 91 solo 'ISOD pkowiis~ ay{ OLL83Se1008)( Jo (001) lU8 iBUDip u! ' sapnlwi 4oI~M OOO OIS CCl S6 008 1 alnJag solaa 6ulaq AI e ,~~ ' ela{DwlzoJ do ADJ{IoplJOlj ayy 6ulsn ewaeol,Ill3nN a< " •aP IIIM syuewscassV a41 '- ew lJat°0] asoaid ~DaJ~na :Peseaes ' .~ a ..t ,: :~ tl NUMBER: ; Florlaa an 10:00 a,m. 0 e:ernee ~accordlnp ~fo~a )he property deatrlbed 2~ 1aYnle, CPA Iler Orange o such certificate will be to the highest bidder at ~ i WIIIia s QQCt1~rEnChRohmiree wl~h Floor Orlondo f'-Slorldo.aD fpiroller nprroller Seep , Dec•1r~•2008 at 10:00 a.m.; oat : Oct4YJ•~ M O H CPA th k Dec. 1, 11 ar u ayn ,_ a ~ loynle, CPA ipttlr°oller Orange i Wlllls IptroJkr nptrolkr SeaU Dec. 4, 11 xldo onl a.m. CPA , Wl la Plat dQ IIIM a)coljljJiayoa~ ~)I!G) ~I PaQIJ~Np AiJ~dOJd al[~ ' q{ o{ w,ol o{ OuIPJOSDO peweep y>f1s -aJ eq IW4coa+oa))IIJao ymc uiou faauoiln?~Pli~une~oi,1D~S i ATTACHMENT B Martha 0. HnYnle, CPA s County omplrolNr e Cyanppee oVynty~ Fbrido i BY: Chr stia WIIIis e putty ComptrollN County Comptroller Seal ATTACHMENT C ORDINANCE N0.2008-21 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 ONE (1) PARCEL TOTALING 3.136 ACRES, MORE OR LESS, AND LOCATED AT 300 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SE" TO CITY OF WINTER SPRINGS "COMMERCIAL"; 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 December 3, 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: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated City of Winter Springs Ordinance No. 2008-21 Page 1 of 3 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 Seminole County "SE" to City of Winter Springs "Commercial." 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 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 City of Winter Springs Ordinance No. 2008-21 Page 2 of 3 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. 2008-21 Page 3 of 3 Exhibit `A' LOCATION MAP Subject Property z 0 W J W O Source: City of Winter Springs & Seminole County GIS Data, October 2008 The West 425 feet of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Southeos# 1/4 of Section 4, Township 21 South, Range 3t East, less road right-of-way for 5#ate Road 419. Befng more pnrticulnrly described os follows: Commence at the Northeast earner of Section 4, Township 21 South, Range 31 East, Seminole County, Florida; thence South 00'29'58" Enst along the East Ilne of said Section 4 n distance of 2473.42 feet to the Eost 1/4 corner of said Sectian 4; thence departing said section line. South 89'51'53" West a distance of 25.00 feet; thence run South 00'21'31" East a distance of 25.00 feet; thence run North 89'51'53 East a distance of 25.00 feet to aforesaid East. section line; thence run South 00'21'31" Eost along said section line a distance of 306.84 feet to a point being the southeast corner of Tract J, Barrington Estates as recorded in Plat 62, pages 77 through 80 of the Public Records of Seminole County, Florida and the north iine of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4; thence South 89'50'13" West along said north section line and southerly plat line a distance of 235.88 #eet for a POINT OF BEGINNING; thence departing said southerly plat line, South 00'02'02" East a distance of 323.38 feet to the North right of way line of State Road p434; thence run North 89'38'30" West along said right of way line n distance of 425.01 feet to its intersection with the southeasterlymost corner of aforesaid plot; thence departing said right of way line, run North 00'02'02" West along the west line of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Sectian 4 a distance of 319.51 feet to the north line of sold South 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89'50'13" East along said section line a distance of 425.00 feet to the POINT OF BEGINNING. Containing 3.136 noes, more or less. ATTACHMENT D Existing FUTURE LAND USE, August 2008 m ', LEGEND Commercial Public/Semi-Public Conservation Rural- 3 Low Density Residential / Suburban Estates Rural-3 Public/Semi-Public Conservation RESS Rural .. .. ; :; .._ :_ o-=N ,. .- ,:.: 4., ~ ~ Residential ~~ 1-~ 1~7 I----III IJ Rural-3 - 1 [i~ILIl] ~~ Com I ~~ _ Low D nsit - SE Co mercial Resid ntial ~~lIT1l utIID s"b~e`` Property ~- -- ---- ~_ --~~_a S R 434- ~ nsity ntial 0 390 780 1,560 Feet Source: Seminole County GIS, City of Winter Springs, August 2008 N ATTACHMENT E Proposed FUTURE LAND USE, August 2008 LEGEND _'~~: =~~ Commercial Conservation Rural- 3 Low Density Residential Suburban Estates Public/Semi-Public Conservation Public/Semi-Public Rural-3 Rural Residential l Rural-3 C Low D nsity ercial Resid ntial -~ - S_R_ 434 nsity ntial 0 390 780 1,560 Feet Source: Seminole County GIS, City of Winter Springs, August 2008 N