HomeMy WebLinkAbout2007 11 07 Public Hearing 501 FLUM Ordinance 2007-24 (2)
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
November 7.2007
Meeting
Consent
Information
Public Hearin!! X
Re!!ular
ITEM 501
REQUEST: The Community Development Department - Planning Division requests the
Planning & Zoning BoardlLocal Planning Agency hold a Public Hearing to consider Ordinance
2007-24, a Small Scale FLUM Amendment changing the Future Land Use Map designation on.54
acres, located on the south side of Winter Springs Blvd., immediately west of Howell Creek and
Chelsea Parc at Tuscawilla Subdivision from (Winter Springs) "Recreation and Open Space" and
"Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential"
(3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas).
PURPOSE: To consider the applicant's request for a Small Scale FLUM Amendment changing
the Future Land Use Map designation of7.54 acres of Parcel 7 from (Winter Springs) "Recreation
and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs)
"Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those
affected areas) to make it consistent with the development rights granted to the property by a
Settlement Agreement.
APPLICABLE LAW AND PUBLIC POLICY
Settlement A!!reement:
Final Order approving Settlement Agreement and amended Settlement Agreement No.1, recorded
ApI. 14, 1994 at Book 3102, Page 1354 Public Records of Seminole County, Florida as amended by
Second Amendment to Settlement Agreement recorded Oct 22, 1996 at Book 3156, Page 0454,
Public Records of Seminole County, Florida as amended by
Third Amendment to Settlement Agreement approved by Winter Springs City Commission October
2,2007 [This amendment allows the development of the property into 60 condominium units.]
Before the Settlement Agreement can be implemented, further approvals are required. These
include an amendment to the Comprehensive Plan changing the Future Land Use Map, an
amendment to the Tuscawilla PUD Master Plan, as well as approvals pursuant to the other local,
state, and federal rules and regulations.
November 7, 2007
PUBLIC HEARING AGENDA ITEM 501
Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for
the conduct ofthe comprehensive planning program. Specifically, the Local Planning Agency shall:
( a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of such
plan...
(b) Monitor and oversee the effectiveness and status ofthe comprehensive plan and recommend to
the governing body such changes in the comprehensive plan as may from time to time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions
Winter Sprines Charter Section 4.15 Ordinances in General
Winter Sprines 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, ifthe 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 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 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 LP A
shall hold at least one (1) public hearing prior to making its recommendation to the City
November 7,2007
PUBLIC HEARING AGENDA ITEM 501
CHRONOLOGY:
Julv 31. 2007- Application received for Comprehensive Plan Future Land Use Map amendment.
Sept. 4. 2007- Submittal of revised Application for Comprehensive Plan Future Land Use Map
amendment.
Sept. 10.2007- City Commission approved Conceptual Development Plan for construction of60
condominium units on Parcel 7 based upon conveyances of conservation lands satisfactory to the
Commission.
Oct. 2. 2007- City Commission approved Third Modification ofthe Settlement Agreement between
the City and the Tuscawilla Country Club to facilitate proposed development of Parcel 7 and the
construction of a 150 foot cell tower and related conveyances of conservation lands to the City.
Nov. 7.2007- P& Z Board to hear the request and make recommendation to the Commission.
CONSIDERATIONS:
Applicant(s) - Dave Schmitt Engineering, Inc. (407) 207-9088
Owner(s) -
Winter Springs Golf LLC c/o RDC Golf Group);
React Land LLC; & Matthew Galvin
Contract Purchaser - Congressional Homes and Developers of Florida
Thomas J. Corkery, Principal; 1491 East SR 434, Unit 103; Winter Springs,
FL
General Location -
south side of Winter Springs Blvd.; immediately west of Chelsea Pare at
Tuscawilla Subdivision, and just east of and including a portion of the
existing tennis courts at the Tuscawilla Golf and Country Club.
Parcel Number(s)-
portion of Parcel ID: 3l-20-3l-5BB-0000-005D
& portion of Parcel ID: 3l-20-3l-5BB-0000-004A
Legal Description -
A PORTION Of LOT 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN
PLAT BOOK I, PAGE 38, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. L'tING IN SECTION 7,
TOWNSHIP 21 SOUTH. RANGE: 31 EAST, SEMINOLE COUNTY. fLORIDA. BEING MORE PARllCULARL Y
DESCRIBED AS fOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWlLLA PHASE I, AS
RECORDED IN PLAT BOOK 45, PAGES 82-83: THENCE ALONG THE SOUTH UNE Of TRACT A, CHELSEA
PARC AT TUSCAWlLLA PHASE I, PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45- WEST, A DISTANCE OF
105.09 FEET: THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAW1LLA, PHASE
I, PLAT BOOK 45, PAGES 82-83 NORTH 87"21'25" WEST, A DISTANCE OF +48.41 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 87'21'25" WEST, A DISTANCE OF 113.51 FEET: THENCE NORTH 67'55'28"
WEST, A DISTANCE OF 136.13 FEET: THENCE SOUTH 23'12'11" WEST, A DISTANCE OF 69.56 FEET;
THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23"'12'1\- EAST, A
DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH
00'15'46- EAST, A DISTANCE OF 116.55 FEET; THENCE NORTH 61'103'03" EAST, A DISTANCE OF 11.74
FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183,86 FEET; THENCE NORlli 00'26'4J- EAST, A
DISTANCE OF 193.64 FEET: THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 299.033 FEET TO A POINT
OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL
ANGLE OF 12"'18'30- AND A CHORD DISTANCE OF 491.51 FEET 'M-iICH BEARS SOUTH 83'49'21" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 492.46 FEET: THENCE SOUTH
12'07'45" WEST, A DISTANCE OF 161.19 FEET; THENCE SOUTH 70'22'15- WEST, A DISTANCE OF 109.14
fEET; THENCE SOUTH 68'49'03" WEST, A DISTANCE Of 178.51 FEET; THENCE NORTH 85'53'45" WEST, A
DISTANCE OF 96.79 FEET; THENCE NORTH 88'48'42" WEST, A DISTANCE OF 80.84 FEET; THENCE SOUTH
00'04'17" WEST, A DISTANCE OF 125.75 FEET: THENCE SOUTH 29'35'27" WEST, A DISTANCE OF 70.03
FEET; THENCE SOUTH 00'23'58" WEST, A DISTANCE OF 168.28 FEET TO THE POINT OF BEGINNING.
CONTAINING 7.54 ACRES (328,635 SQUARE FEET), MORE OR LESS.
November 7, 2007
PUBLIC HEARING AGENDA ITEM 501
Acreage - The entire Tuscawilla Greens project site consists of approximately 12.02 acres. The
requested change of Future Land Use is for 7.54 acres. (The remaining project area is area that will
be put into a conservation easement as part of the environmental mitigation.) The parcels identified
are currently under the ownership of the golf course and equal 135.56 acres. [Parcel 7 as denoted in
the Settlement Agreement, includes a total of 16.09 acres, but does not correspond to either of the
parcels identified by the property appraiser.]
Existing Land Use - The property is vacant and undeveloped. It is vegetated and includes uplands,
wetlands, and a portion ofthe Howell Creek floodway and flood plain. Adjacent existing land uses,
zoning and FLUM designations include the following:
Existing Land lises Zoning FLLl\I
Requesting Medium Density Residential with
Vegetated Uplands, Wetlands, &a Conservation Overlay on those affected areas
Subject Site portion of the Howell Creek Flood PUD (WS (WS) from Recreation and Open Space with
Plain and Floodway Conservation Overlay on those affected areas
~,,__.______.__..___._.._.__.__..h__'__ _____..,,_..__.._,_...__._._.._.___.___.._m^_._..._.__.....m...__..__._._.._.....__.._~__m.~.__....._.._._~ ~_._..~_.._.._.._.._....u..._.__,_ .iY{~1_.______._____.____.__._.___________.____.__.._._.__._-
North Wedgewood Tennis Villas Single PUD (WS Medium Density Residential with Conservatio
Family Residential Subdivision Overlay on those affected areas (WS)
Tuscawilla Country Club Golf Recreation and Open Space with Conservation
South Course, Vegetated Uplands, Howell PUD (WS
Creek Flood Plain and Floodwav Overlay on those affected areas (WS)
Howell Creek and Chelsea Parc High Density Residential with Conservation
East Phase 2 Single Family Residential PUD (WS
Subdivision Overlay on those affected areas (WS)
. .__._.__.._..._.......~...---.-.._.._....._--_..- ._...._._.....-._.--.~ ... no -......-.....-..-.-.-..................--.... --.-................"...........".-..---..--.--.-..............-.-.-.---..-.--.-..--......--.--.--...-.--..........-.."..............-.....-....
West Tuscawilla Country Club Tennis PUD (WS Recreation and Open Space with Conservation
Courts Overlay on those affected areas (WS)
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends - The proposed development, known as Tuscawilla Greens includes fifteen
(15) buildings of four (4) units each, equaling sixty (60) condominium units. A cell tower was
recently approved on Tuscawilla Country Club Golf Course property to the west.
Proposed Future Land Use Classification - The applicant is requesting a change in the future land
use map designation from Recreation and Open Space with Conservation Overlay on those affected
areas (WS) Residential with Conservation Overlay on those affected areas (WS) to Medium Density
Residential with Conservation Overlay on those affected areas (WS).
Letters/Phone Calls in Favor or Opposition - Several from concerned residents.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The maximum development potential of the 7.54-acre site under a "Medium Density Residential"
designation is 67 residential units. However, the Settlement Agreement binds the site to no more
than 60 condominiums. Therefore, the following analysis is based on the impact of 60 units.
Data and issues which staff analyzed in reviewing this application, follow:
Justification for Future Land Use Designation - The requested future land use map designation is
necessary to implement the terms of the Settlement Agreement and is compatible with the general
character of development in this area.
Public Facilities -
November 7,2007
PUBLIC HEARING AGENDA ITEM 501
Transportation- Access is available from Winter Springs Boulevard. Winter Springs Blvd. is
classified as a collector road. A trip generation summary (prepared by GMB Engineers & Planners
for the Applicant) indicates that the net impact of the maximum development potential under the
proposed land use amendment is an additional 474 daily trips (ITE Code 230) and an additional 45
peak PM trips. Winter Springs Blvd. currently operates at a LOS D. All roadway segments are
projected to operate acceptably with the addition of the project traffic.
Sanitary Sewer- An 8" sanitary sewer outfall line also extends into the property from the golf course
and extends along the south side of the Winter Springs Blvd. right of way. Capacity is available.
Potable Water- A 12" potable water line extends along the north side of Winter Springs Blvd.
Capacity is available.
Drainage- Stormwaterrunofffrom the site currently discharges into Howell Creek, which discharges
into Lake Jesup. Lake Jesup is an impaired water body due to excessive levels of nitrogen and
phosphorous. The Total Maximum Daily Load (TMDL) program mandated by the State requires
reductions in pollutant discharges in the Lake Jesup Basin to restore the lake's water quality. Due to
the site's proximity to Howell Creek, stormwater treatment shall meet SJR WMD criteria for no net
increase in the post-development phosphorous loading.
Recreation- Purchasers of the condominium units will receive a minimum level recreational
membership at the Tuscawilla Golf and Country Club, as stated in the Settlement Agreement for
purposes of satisfying the City's recreation level of service requirements under the Comprehensive
Plan. One batter of tennis courts will require relocation as a result of the development.
Additionally, the Developer has agreed under the terms ofthe Settlement Agreement to construct an
additional battery of tennis courts on golf course property.
Nuisance Potential of Proposed Use to Surrounding Land Uses-
The requested future land use map designation is compatible with the general character of
development in this area which includes High Density Residential, Medium Density Residential and
Recreation and Open Space. Additionally, the City has development standards in its land
development regulations to minimize impacts on surrounding properties through buffering. The
City's land use development regulations and the site plan review process can ensure the prevention
or minimization of any potential nuisances.
Justification for Future Land Use Designation - The requested future land use map designation is
necessary to implement the terms of the Settlement Agreement and is compatible with the general
character of development in this area.
Natural Lands Compatibility-
Environmental concerns include impact to the Howell Creek floodway, the 100-year flood plain and
existing on-site wetlands, reduction in wildlife habitat and tree canopy. The site is heavily vegetated
and its development into residential units will have significant environmental impacts which are
required to be mitigated.
An individual Environmental Resource Permit (ERP) is being sought through the SJRWMD in order
to carry out the development.
Floodway-
November 7, 2007
PUBLIC HEARING AGENDA ITEM 501
Howell Creek is a major regional floodway that flows through the site from south to north across the
southeast portion of the property. Howell Creek originates in the City of Orlando and runs for
approximately 15 miles to its discharge point at Lake Jesup. Howell Creek is the predominant
drainage feature in the Howell Creek Basin, which has an overall watershed area of approximately
55 square miles and encompasses ten jurisdictions in Central Florida.
At the proposed site, the FEMA flood maps identify Howell Creek as being within the lOO-year
floodplain. The lOO-year floodplain is an area representing the land subject to a one-percent or
greater chance of flooding in any given year. At a creek or river, the FEMA flood maps frequently
divide the area ofthe 100-year floodplain into a "regulatory floodway" and a "floodway fringe" (see
sketch below).
1 00 Year Floodpfaln
100Yllar r100Yllar
u~_L_~__e~hed
Floodwey
FIOOdWlly
Fringe
(a) Cro&s S~
(b) PlanView
The regulatory floodway is the flowing portion of the drainage channel and is considered an
extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles,
and erosion potential (ref. City Code Section 8-55, below).
Section 8-55 ofthe City Code, Standards forregulatory floodways, states "Whenjloodways
are designated within areas of special jlood hazard, additional criteria will be met. Since
the jloodway is an extremely hazardous area due to the velocity of jloodwaters which carry
debris, potential projectiles, and erosion potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other developments.
November 7, 2007
PUBLIC HEARING AGENDA ITEM 501
(2) The prohibition shall not preclude the city or other governmental agency from
performing maintenance or flood control improvements in the floodway to maintain the
viability of the floodway. "
Because of its hazardous nature, all encroachments into the regulatory floodway are prohibited under
the City Code, including fill. The floodway fringe is the area between the floodway and the 100-
year floodplain boundaries. Encroachments into the floodway fringe are not prohibited by the City
Code but are not recommended due to the impacts these encroachments could have on the channel
cross section and the hydraulic performance of the channel.
The proposed development plan shows two encroachments into the regulatory floodway. One is at
the building located at the east end ofthe east cul-de-sac, and the other is at the proposed stormwater
pond at the south end of the site. These encroachments are prohibited by City Code and cannot be
allowed unless the floodway limits on the FEMA map are officially moved by a Letter of Map
Revision (LOMR). The developer has indicated that they intend to pursue a LOMR through FEMA
to relocate the floodway limits based on inaccuracies on the existing flood map. The floodway
limits for Howell Creek on the flood map do not coincide with the actual limits of Howell Creek in
some areas, especially near the north end of the site where the creek meanders to the east. Staff
supports changes to the flood maps that make them more accurate when sufficiently supported by
engineering analysis.
The Applicant is proposing two phases for the development. Phase I consists of 14 buildings and
includes all buildings that do not directly encroach into the regulatory floodway. Phase II includes
one building that encroaches into the regulatory floodway. Phase I includes two buildings that
impact the floodway fringe, and another three buildings that could impact the floodway fringe with
fill depending on how the site is graded. Each building contains four condominium units.
Encroachments into the floodway fringe are not recommended. Impacts to the floodway fringe can
be minimized through the use of retaining walls. The table below summarizes the 100-year
floodplain impacts as shown on the approved concept plan.
Summary of 100- Year Floodplain Impacts
Condominium Units Condominium Condominium Units that may impact
Encroaching the Existing Units Encroaching Floodway Fringe due to fill
Regulatory Floodway the Floodway Fringe
Phase I 0 8 12
Phase II 4 0 0
Total 4 8 12
Floodplain-
The site lies within the 100-year and 500-year floodplains.
Comprehensive Plan Infrastructure Element Objective IV-D-3 states "The City shall restrict
development within the 100-year floodplain to those uses which will not adversely affect the
capacity of the floodplain to store water. "
Comprehensive Plan Infrastructure Element Policy IV-D-3.3 states "Where feasible, the
floodplain shall be reservedfor conservation, open space and recreation uses to preserve the
natural flow of runoff. "
The floodplain issues can be mitigated by reengineering the floodplain and providing extra
compensatory storage to intercept some of the flow. Current volumes, velocity, and elevation
November 7,2007
PUBLIC HEARING AGENDA ITEM 501
characteristics of the floodplain would be required to be maintained and compensating storage
ponds. would be required to provide a stormwater storage volume equal or greater than the areas
within the floodplain that will be filled. The compensating storage areas are proposed on the golf
property, outside of the subject property.
Staff has concerns about possible encroachments into the 100-year floodplain at this site, for the
following reasons:
1. Howell Creek is a floodway of regional significance that drains a watershed 55 square miles in
area. Changes to the channel cross section, including encroachments into the floodway fringe,
could reduce the channel capacity and/or create additional adverse impacts.
2. Creek bank erosion has been a problem in the past at this location for several adjacent Chelsea
Parc properties abutting the east side of Howell Creek. In 2005, a creek bank stabilization
project was constructed along the east side ofthe creek under the City's emergency watershed
management agreement with the Natural Resources Conservation Service. The project included
retaining walls and other erosion control items at a total cost of approximately $48,000 to the
City.
3. The compensating storage ponds are located upstream of the floodplain areas impacted by the
project. While the overall compensating storage volume may be sufficient, the changes to the
channel cross section at the floodplain encroachment areas could still cause floodplain changes
not completely mitigated by the compensating storage ponds.
The applicant will be required to demonstrate the following:
1. No increase in the base flood elevation on any upstream, downstream, or adjacent property;
2. No changes in the channel velocity upstream, downstream, or at the site; and
3. Compensating storage ponds have adequate volume, are located in the same drainage sub-basin,
provide all compensating volume above the seasonal high groundwater level and below the base
flood elevation, and they are functional such that displaced stormwater runoff can be diverted
into the compensating storage ponds.
Wetlands-
The Applicant's ecological consultant (Breedlove, Dennis and Associates) has flagged the wetland
line, pursuant to the Army Corps of Engineers' criteria. According to the consultant's report, the
wetland is degraded and that there were no observations or evidence of protected species on-site.
Under the proposed development plan, a total 00.32 acres of on-site wetlands and .06 acres of off-
site wetlands will be filled as a result of the construction of the condominiums and associated
stormwater management system. Additionally, a total of .18 acre of upland cut ditch (surface water)
will be impacted as a result of the proposed development of the property. A Dept. of the Army.
Corps of Engineers Individual Permit is being sought concurrently with the SJRWMD ERP.
The 3.38 acres of wetland impacts is proposed to be mitigated by preservation of other wetlands,
creation of new wetlands and the preservation of undeveloped uplands. As part of the mitigation,
the developer is proposing to place the area of Howell Creek into a conservation easement.
The development potential of the site is as follows:
Mitigation Strategy
Building Units
November 7,2007
PUBLIC HEARING AGENDA ITEM 501
1. No mitigation - avoiding wetlands, floodplain,
and floodway
2. Mitigating wetlands only
3. Mitigating wetlands and floodplain only
4. Mitigating wetlands, floodplain, and
floodway
12
48
56
60
Consistency With The Comprehensive Plan -
The site will retain its Conservation Overlay designation. Future Land Use Element Policy 1.1.7
states, "Properties that are designated as Conservation Overlay areas may potentially contain
wildlife habitat areas, hydric soils/wetlands (as defined in the Conservation Element), special
vegetative communities, areas within a public water well radii of 5 00 feet, 100 year floodplain
areas, and other areas subject to environmental or topographic constraints. Conservation
Overlay areas are subject to the following conditions for approval:
· A final determination of the suitability for development of any individual parcel, as it relates
to a Conservation Overlay area on the Future Land Use Map, shall be determined prior to
issuance of any development approval.
· The Conservation Overlay area on the Future Land Use Map is not to be considered the
exact boundary of the conservation area, but to act as an indicator of a potential
conservation area. The exact boundary shall be determined by a qualified professional at
the expense of the Developer.
· The Conservation Overlay area is not all inclusive and other areas that do not fall within the
boundaries that meet the definition of conservation areas are also subject to the regulations
affecting them.
· Development approval will be subject to an Environmental Impact Study as to the extent of
the impact of development or redevelopment for any lands within Conservation Overlay
areas.
· Natural resources discovered as a result of the required Environmental Impact Study will be
protected. The Environmental Impact Study will require that a qualified professional
analyze the natural functions of eco-systems and connectivity of resource corridors. A
conservation land use designation or a conservation easement will be required to protect the
functions of natural resources. Mitigation may be allowed on a case by case basis through
the appropriate reviewing agencies.
· If an area within the Conservation Overlay area is determined to be developable and all
mitigation requirements have been met, then the underlying land use on the Future Land Use
Map will apply.
· A change from Conservation Overlay to a Conservation Land Use designation will not
require State approval if the area is already shown as Conservation Overlay on the Future
Land Use Map.
· Any property in a Conservation Overlay area is encouraged to undergo the planned unit
development procedure which includes site specific plan approval and the clustering of
density to protect these areas. "
November 7,2007
PUBLIC HEARING AGENDA ITEM 501
CE Policy 1.4.1 states, The City shall continue to protect the natural functions of wetlands
through the Conservation Overlay on the Future Land Use Map and the Conservation Land Use
category, as defined in the Future Land Use Element.
Wetland, floodplain, and floodway mitigation issues on the subject property must be satisfactorily
addressed in order to permit the sixty residential condominium units to be constructed. All such
encroachments are subject to review and approval by the City and FEMA.
CE Policy 1.4.5 states, If direct impact on upon wetlands by compatible uses cannot be avoided,
the following mitigation measures are applicable:
· Mitigation will be allowed based upon no net loss of wetland functions.
. Comply with the wetland protection standards of federal, state, regional, and county
agencies.
· Minimize impacts through innovative design layouts.
· Compensate for impact by enhancing other degraded wetlands on-site, restore natural
functions of other wetlands on-site, create new wetlands on-site, preserve significant
upland areas, or off-site mitigation.
· A Wetland Alteration Permit must be obtained from the City unless federal, state, or
county permits eliminate the need to obtain one from the City, as determined by the City.
· Mitigation through restoration of degraded wetlands on-site or preservation of
significant upland areas on-site will be encouraged rather than wetland creation.
Sensitive environmental areas will be placed in a conservation easement (CE Policy 1.4.3).
No deviations from comprehensive plan requirements are permissible (Section 163.3194, FS).
FINDINGS:
(1) The proposed amendment will increase the property tax revenue generated by residential
properties in the City once the property is developed. This increase will be somewhat offset by the
cost of City services required.
(2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At
such time as the site develops, the proposed development will be required to meet concurrency
standards, so that impact on public facilities and services is accommodated.
(3) Impacts to the environment will be mitigated in a manner acceptable to the City so that there
will not be an unfavorable impact on the environment or the natural or historical resources ofthe 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) As an infill project, surrounded by existing development, the proposed addition of condominium
November 7,2007
PUBLIC HEARING AGENDA ITEM 501
units in this area will enable Winter Springs to provide services in a more efficient manner;
(6) The amendment is compatible with the surrounding neighborhoods and land use; Winter
Springs Blvd is an urban collector roadway which has capacity for the additional traffic.
(7) The amendment will not cause the comprehensive plan to be internally inconsistent; and
(8) The proposed amendment will not adversely affect the public health, safety, welfare, economic
order, or aesthetics ofthe 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 of Approval to the City Commission related to Ordinance 2007-24, a Small Scale
FLUM Amendment changing the Future Land Use Map designation of7.54 acres, located on the
south side of Winter Springs Blvd., immediately west of Howell Creek and Chelsea Parc at
Tuscawilla Subdivision from (Winter Springs) "Recreation and Open Space" and "Conservation
Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential" (3.6 DU to 9.0
DU/acre) and "Conservation Overlay" (on those affected areas).
TENTATIVE IMPLEMENTATION SCHEDULE:
Nov. 26,2007- 1st Reading of Ordinance 2007-24
Dec. 27, 2007- Public Noticing in Orlando Sentinel (10 days min. prior to adoption)
Jan. 14,2008- 2nd Reading /Adoption of Ordinance 2007-24
ATTACHMENTS:
A- Ordinance 2007-24 including Map & Legal Description
B- Future Land Use Map, November 2007
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
ATTACHMENT A
ORDINANCE NO. 2007-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING PORTIONS OF
TWO (2) PARCELS TOTALING 7.54 ACRES MORE ORLESS
AND GENERALLY LOCATED IMMEDIATELY WEST OF
CHELSEA PARC AT TUSCAWILLA SUBDIVISION IN
WINTER SPRINGS, FLORIDA, AND MORE
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF
WINTER SPRINGS "RECREATION AND OPEN SPACE"
WITH CONSERVATION OVERLAY TO CITY OF WINTER
SPRINGS "MEDIUM DENSITY RESIDENTIAL" WITH
CONSERVATION OVERLAY; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
l63.3l87(l)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on November 7,2007, in accordance with the procedures in Chapter 163, Part II,
Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and has
recommended adoption to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
City of Winter Springs
Ordinance No. 2007-24
Page 1 of 3
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit "A" from City of Winter Springs "Recreation and Open Space" with
Conservation Overlay to City of Winter Springs "Medium Density Residential" with Conservation
Overlay. Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section
163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this
City of Winter Springs
Ordinance No. 2007-24
Page 2 of 3
Ordinance, then this Ordinance shall become effective at such time as the Florida Department of
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part ofthat plan and the Amendments shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2007.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2007-24
Page 3 of 3