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HomeMy WebLinkAbout2007 04 09 Public Hearing 500 Ordinance 2007-02 282 FLUM Amendment West State Road 434 CITY COMMISSION April 9, 2007 Meeting Consent Information Public Hearin!! X Re!!ular ITEM 500 f,/J~:# REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-02, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of a 1.76 acre parcel, located at 282 W. State Road 434, east of Barrington Estates, from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". PURPOSE: To consider the request of Robert Carneal on behalf of Janet M. Mann for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for the property at 282 W. State Road 434, east of 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. Specifically, the Local Planning Agency shall: ( a) Be the agency responsible for the preparation ofthe comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. .. (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required. . . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions Winter Sprin!!s Charter Section 4.15 Ordinances in General Winter Sprin!!s Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; 1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or region; 2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities 3) Whether there will be a favorable or unfavorable impact on the environment or the natural or April 9, 2007 PUBLIC HEARING AGENDA ITEM 500 historical resources of the city or the region as a result of the proposed amendment; 4) 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; 5) 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; 6) 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 7) 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 Commission. CHRONOLOGY: Dec. 29,2006- Application received for Annexation and subsequent Future Land Use change and Rezoning. Feb. 26, 2007- Adoption of Ordinance 2007-01, annexing the property. Mar. 7,2007- P& Z Board (LPA) heard the request and made recommendation of Adoption. Mar.26, 2007- 1st Reading of Ordinance 2007-02 Mar.29, 2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) CONSIDERATIONS: Applicant - Robert Carneal, 2354 Pine Meadows Place; Chuluota, Florida 32766 Owner - Janet M. Mann; 233 Carolyn Drive, Oviedo, Florida 32765 Parcel Number - 04-21-31-300-015A-0000 Acreage - approx. 1.76 acres General Location - The site is located on the north side ofSR 434, east of the Greeneway, one lot east of the entrance to Barrington Estates. Legal Description -SEe 04 TWP 21S RGE 31E S 1/2 OF NE 1/4 OF NE 1/4 OF SE % (less W 425' + road) Chronology ofSubiect Property - The property was annexed into Winter Springs on Feb. 26, 2007. April 9, 2007 PUBLIC HEARING AGENDA ITEM 500 Existing Land Use - The property is currently vacant but previously had a mobile home and covered concrete area on it. The County Future Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Z . FLU') U onlllg . ses Subject Site Vacant Requesting (WS) C-l Neighborhood Commercial from (SC) A-lO ------~~._--,----,------~,-_._-----'-'---_.. -.....- R-IA Single Family Residential (WS) Requesting (WS) Commercial from (SC) Suburban Estates South Single Family Residential (Barrington ..........E:s~Cite~.~.ul>4\'). .. ... ............................ .................. Single Family Residence constructed in 1979 ,". _.~.~._,~.__..,.....~. ..,..._._,.,_,__..,..,._.h._...___.._..._......_......_,~.~._.~.,_..__... _,_____.________.________________ ._..__._.~._~.___...._._........._._..,_....___._..._.._..._.~.~.~..._._....d___.___,._._...,____.__.." Vacant Low Density Residential (WS) North A-I (SC) Low Density Residential (SC) West South Seminole Christian Church A-3 (SC); application Rural-3 (SC); Application pending requesting pending (WS) C-l requesting (WS) Conservation Neighborhood and (WS) Commercial with . __~Q!!!l.!I:~~~ii!L.__.__..______._._. ..~~!!~.e.!.yCi.!!Q!!.Qv~~l~y._......_...._.__...._......_... A-IO (SC) Suburban Estates (SC) East (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The Applicant has indicated that he would like to develop the property as office space. 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 in Winter Springs in this area have a future land use of commercial, with the exception of Barrington Estates. Letters/Phone Calls In Favor Or Opposition - Adjoining property owners in Barrington Estates and the church have inquired about the development plans for the property and indicated their concern over future impacts to their properties from development of the vacant parcel. 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 arterial corridor, 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. Public Facilities - Access is available from SR 434. SR 434 is classified as an urban arterial. City sanitary sewer and potable water is located on the north side ofSR 434, approximately 450-550 April 9, 2007 PUBLIC HEARING AGENDA ITEM 500 feet from the property. By extending the 12" sewer line, it could eventually continue northward to create a continuous loop to the existing 8" line on the eastern side of Barrington Estates. When the property is developed, post run-off development cannot exceed pre-development run-off. A clear recorded easement for the pipes and swales will be required and must be definitive for maintenance of structural facilities. 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. Most of the SR 434 Corridor has a Commercial land use with single family residential uses located to the rear. The adjacent property to the west is also requesting a land use of Commercial. The nuisance potential of the proposed use resulting from the change of future land use designation from Seminole County "Rural-3" to Winter Springs "Commercial" should be minimal in view of the following: 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. 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. Natural Lands Compatibility - The site does not appear to be constrained by any wetlands or environmentally sensitive areas and no federally endangered plants are known to exist in the County. 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. The subject property is about twenty-five (25) feet above mean sea level and is outside of the 100- year flood plain. The soils on this property are (20) Myakka and EauGallie fine sands. Fill material will be required to make these soils suitable for most urban use. Consistency With The Comprehensive Plan - The City's Comprehensive Plan indicates that SR 434 is an urban arterial and is planned as a commercial corridor. The City Commission has previously designated other properties on the north side of SR 434 in this area as Commercial. FINDINGS: (1) The proposed amendment will have little effect on the city's budget until such time as the property develops; (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) 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. The Applicant will be required to comply with the City's Tree Protection and Preservation Code; (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 totally surrounded by Winter Springs and Oviedo. It will further enable Winter Springs to provide April 9, 2007 PUBLIC HEARING AGENDA ITEM 500 services in a more efficient manner; (6) The amendment is compatible with the surrounding neighborhoods and land use; SR 434 is an urban arterial roadway and is suited to commercial activity along the frontage. (7) The amendment will not cause the comprehensive plan to be internally inconsistent; the Comprehensive Plan indicates that SR 434 is an urban arterial and is planned as a commercial corridor; 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. PLANNING & ZONING BOARD / LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning Board/LPA on March 7, 2007, the Board/Agency recommended approval of Ordinance 2007-02, with a vote of 5-0, based on Staffs Findings and based on the information received from the residents of Barrington Estates who spoke during the public hearing. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for Second Reading and Adopt Ordinance 2007 -02, a Small Scale Comprehensive Plan Amendment which changes the Future Land Use Map designation on the subject property at 282 W. State Road 434, east of Barrington Estates, from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". ATTACHMENTS: A- Excerpt from P&Z/LPA Minutes of March 7,2007 B- Ordinance 2007-02 including Map & Legal Description C- Noticing in Orlando Sentinel, March 29,2007 D- Current Future Land Use Map, January 2007 CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 2 OF II PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2007-02, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of A 1.76 Acre Parcel, Located At 282 West State Road 434, East Of Barrington Estates, From (Seminole County) "Suburban Estates" To (City Of Winter Springs) "Commercial". Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and displayed a PowerPoint presentation of the property site. Ms. Sahlstrom said, "Staff has reviewed the Request - it did meet the requirements of the Code." Ms. Sahlstrom stated, "These four (4) Agenda Items under Public Hearings were advertised in the paper for tonight's Meeting and Noticing was placed on the property and the adjacent property owners were notified. If you feel that you need more time to make a decision on any of these items, I would ask that you do postpone to Date Certain to preserve the advertising if in fact you feel uncomfortable with moving forward." Discussion. Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Robert Connelly, 1518 Wescott Loop, Winter Springs, Florida: as a property owner of Barrington Estates, Mr. Connelly expressed concern on the Zoning and is opposed to this Agenda Item. In his closing comments, Mr. Connelly stated, "If you would just take into consideration our properties and the use of our land." Discussion ensued on the Land Use. Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: also a resident of Barrington Estates, Mr. V o orb erg spoke of his opposition to this Agenda Item and to take into consideration his privacy and rights as homeowners. Chairman Poe closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCV REGULAR MEETING ~ MARCH 7, 2007 PAGE 3 OF I I "I WOULD LIKE TO MAKE THE MOTION THAT WE APPROVE THE CHANGE IN FUTURE LAND USE BASED ON THE FINDINGS IN OUR INFORMATION PACKET AND BASED ON THE INFORMATION WE RECEIVED FROM THE RESIDENTS OF BARRINGTON ESTATES THAT THE CITY COMMISSION APPROVE ORDINANCE [NUMBER] 2007-02 WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE MAP (FLUM) DESIGNATION ON THE SUBJECT PROPERTY AT 282 WEST STATE ROAD 434, EAST OF BARRINGTON ESTATES FROM SEMINOLE COUNTY 'SUBURBAN ESTATES' TO CITY OF WINTER SPRINGS 'COMMERCIAL'." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRMAN POE: AYE BOARDMEMBERBROWN: AYE BOARDMEMBERKARR: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2007-03 Which Rezones 1.76 Acres (More Or Less), Located At 282 West State Road 434 East Of Barrington Estates, From "A-I0" Agricultural (Seminole County) To "C-l Neighborhood Commercial" (City Of Winter Springs). Ms. Sah1strom introduced this Agenda Item and displayed a PowerPoint presentation of the property site. Ms. Sah1strom said, "Staff has reviewed these and does believe that this is the - appropriate Zoning for this property." Ms. Sah1strom read into the Record the opening paragraph of Section 20-231. of the City Code. Discussion. Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Robert Connelly, 1518 Wescott Loop, Winter Springs, Florida: briefly spoke to the Board Members to consider a single story building on this property site. ATTACHMENT B ORDINANCE NO. 2007-02 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 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" 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 ofthe City of Winter Springs held a duly noticed public hearing on March 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2007-02 Page 1 of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from Seminole County "Suburban Estates" 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 may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, City of Winter Springs Ordinance No. 2007-02 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 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. 2007-02 Page 3 of 3 Exhibit IAI Source: City of Winter Springs 8. Seminole County GIS Data, January 2007 I I I o 175 350 700 Feet ~ N Metes and Bounds Description: THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4, TOWNSHIP 21 SOUTH. RANGE 31 EAST. LESS ROAD RIGHT OF WAY. AND LESS. THE WEST 425 FEET THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62. PAGES 77 THROUGH 80. INCLUSIVE. IN THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA, SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4. TOWNSHIP 21 SOUTH. RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA; THENCE RUN 500'21 '31 "E, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 32.1.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE S89.22'57"W. A DISTANCE OF 206.,37 FEET; THENCE NOO.,37'0.3"W, A DISTANCE OF 5.00 FEET; THENCE S89'22'57"W, A DISTANCE Of" 32.30 FEET TO A POINT ON THE EAST LINE Of" THE WEST 425.00' Of" THE SOUTH 1 /2 Of" THE NORTHEAST 1 /4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE LINE RUN NOO'02'02"W. ALONG THE SAID EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4. A DISTANCE OF 3 1 B.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES. SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE N89'50'13"E. ALONG THE SOUTH LINE OF SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 Of" THE NORTHEAST 1 /4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4. A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING. ndo Senllnel SE H7 ISDAY. MARCH 29. 2007 lafs Happening n page H4 gs. The N~tlon~1 Active ~nd Reo Fedefal employee Association, 1 Seminole Chapter 1525 will have gram by Muffet Robinson from the tlon for the Homeless of Central I~. There will be ~'$ocl~I" ~t '.m. The meeting Is'Open'to retired cUm!nt federal' employea\' and ;es. Free. 407-774-4755. ~NCE: 2-4 p.m. Wednesd~ys; San- Senior Center, 401 E. Seminole Sanford. D~nce to the sounds of Deltonans, a 14-piece ba~. $4. :02-1010.'. ,N1ORS VS. CRIME: 'The Seniors vs. ! PlQject, sponsored by the OffIce e Florida Attorney Genera~ helps rs who might. have been, victim- 'y individuals or busin~~ ~elling s and services. Volunteers ealled ,r Sleuths medi~te problems !:>e- n the 'complalnant and offending ,esses or individuals. People who been victimized or would like ,to ,to a Senior Sleuths representative :all Sandie Jernigan ~t 407-571- !NIOR SURVIVAL GUIDeThe 50+ In- Illon Network. a 'Florida nonprofit \lzation, ~nd the Senior Resource ICe have published an Information let called the 50+ Surviv~l Guide. It Illable for free at public libraries enlor centers In Orange, Seminole Osceol~ counties. Information In- ~ help hotlines, special Interest support groups, senior activities, eldereare and human-service, or- ations. Details: 407-262-2111 or !65~534. port Groups RIEF: 10-11 :30 a.m. Thursdays; St ~gdalen Catholic Church, 861 and Ave., A1t~monte Springs, A , for IlTfone who has lost a loved spouse, parent child or sibling s in the Gold Room of the Family luilding. This Is a nondenomina- I group. Free. 407-831-1212. IIDOWED FRIENDS OF 'FLORIDA: I a.m. Saturdays; Denny's Restau- 440 S. Semoran Blvd., Oriando. For dowed men and women. Purchase own meal. Free. 407-282-8834. IENTAL HEALllt 2-4 p.m. Mondays; al Health Association of Central la, 7120 Lake Ellenor Drive, Orlal)- eople Inc. a group for people with ar disorders, depression and ophrenljl. Free. 407-855~!l8, RifF SUPPORT GROUP: 7 p.m. 3; C~ntral Christian Church; 250W. 108 alvd, Orlando. The Orlando ter of the Compassionate Friends roup for families who hIve fll<Il'!ri-. ;t the death of a chlld.'"'Free. 407- 1933. EBTORS ANONYMOUS: 7 to a p.m. :lays; ,Quaker Frlerids Meeting e, 316 E. ~rks 5t, Orlando, Debt- lndnymous, a 12-step group, for Continued on H9 * * ATTACHMENT C L NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: " r ORDINANCE NO. 2007-02 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 LANO USE MAP : DESIGNATION OF THE R.EAL PROPERTY CONSTITUTING A PARCEL : , , TQTALlNG 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE' PARTICULARLY DEPICTED AND LEGALLYDESCRIBED ON EXHIBIT "A" , , A,TTA.~,HED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" TO CITY OF WINTER SPRINGS "COMMERCIAL.:'; PROVIDING FeR ,THE REPEAL OF PRIOR INCONSISTENT ORDINANCES' ,~A'~'RE5bLUTIONS. SEVERABILITY, INCORPORATION INTO THE ',~\'G&MPREHENSIVE PLAN. AND AN EFFECTIVE DATE. (See MAP '/J:, "$Jte1, for locatiOn) ORDINANCE NO. 2007-03 { A'N\ottOINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER... 1 '" ~;p'RiNGS; FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF; : THE Rl:AL PROPERTY CONSTITUTING A PARCEL TOTALING 1. 76: ~: Ac~e'SMORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 '. > IN WINTER SPRINGS. FLORIDA, AND MORE PARTICULARLY'OEPICTED AND' LEGALLY DESCRIBED ON EXHIBIT ''Ii:' ATTACHED HERETO, FROM seMINOLE COUNTY ''A-10'' TO CITY OF WINTER SPRINGS "C-1 -. NEIGHBORHOOD COMMERCIAL.:' PROVIDING FOR THE REPEAL OF~ i:. PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, '" ~ , .~ ,;.~U'JY:'.Af\fD.AN' eFFECl/VEDATE. (See MAP 'A', Site 1 " ". ,,~. ',' ," ;.. ", 4j,. for IOQatibn) ~ PUBLIC HEARINGS FOR SECOND READING & AObPTION . .. ~ WILL BE HELD ON MONDAY, APRIL 9, 2007 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL ; 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, atthe City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #22,1. Persons with disabilities needing assistance to particip~tein any of these proceedings should contact the Employee Relations O'epartment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #2,36. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City . Commission with respect to any matter considered at this meeting,. you - win need a record of the proceedings, and for such ,purposes. you may need to ensure that a verbatim record of the proceedings Is made UpOrl which the appeal is based. I . ! .. ORDINANCE NO. 2007-02 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 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN EST A TES" 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 March 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2007-02 Page 1 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 Exhibit "A" from Seminole County "Suburban Estates" 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-ll, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date ofthis 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, City of Winter Springs Ordinance No. 2007-02 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 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 9th day of April ,2007. Anthony A. Garganese, City Attorney First Reading: March 26, 2007 Second Reading: April 9, 2007 Effective Date: See Section 9. City of Winter Springs Ordinance No. 2007-02 Page 3 of 3 Exhibit 'A' Source: City of Winter Springs & Seminole County GIS Data, January 2007 \ I I I ~ o 175 350 700 Feet N Metes and Bounds Description: THE SOUTH HALF (5 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST, L.ESS ROAD RIGHT OF WAY. AND L.ESS, THE WEST 425 FEET THEREOF. BEING MORE PARTlCULARL.Y DESCRIBED AS FOLL.OWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62, PAGES 77 THROUGH 80, INCLUSIVE, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL.ORIDA, SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4. TOWNSHIP 21 SOUTH. RANGE 31 EAST. SEMINOLE COUNTY. FLORIDA; THENCE RUN 500'21 '31 "E, ALONG THE EAST UNE 01' THE SOUTHEAST 1/4 01' SAID SECTION 4. A DISTANCE OF 321.38 fEET TO A POINT ON THE NORTH RIGHT OF WAY LINE 01' STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE S89'22'57"W.A DISTANCE OF 206.37 FEET; THENCE NOO'37'03"W, A DISTANCE OF 5.00 FEE:T: THENCE S89'22'S?"W. A DISTANCE OF 32.30 FEET TO A POINT ON THE EAST LINE OF THE WEST 425.00' OF THE SOUTH 1 /2 OF THE NORTHEAST 1 /4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE LINE RUN NOO"02'02DW, ALONG THE SAID EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A. DISTANCE OF 318.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE N69"50'13DE, ALONG THE SOUTH LINE OF SAID BARRINGTON ESTATES AND NORTH LINE OF SAIO SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4. A DISTANCE OF 236.86 FEET TO THE POINT OF BEGINNING.