HomeMy WebLinkAbout2006 06 07 Public Heariings Item 202 Ordinance 2006-07
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
June 7, 2006
Meeting
Consent
Information
Public Hearin~ X
Re2ular
ITEM 202
REQUEST: The Community Development Department - Planning Division requests the
Planning & Zoning BoardlLocal Planning Agency hold a Public Hearing for Ordinance 2006-07, a
Small Scale FLUM Amendment which changes the Future Land Use Map designation of two
triangular pieces totaling .37 acres, located on Shepard Road from (Winter Springs) "Industrial" to
(City of Winter Springs) "Medium Density Residential".
PURPOSE: The purpose of this request is to consider the request of The Keewin Real Property
Company on behalf of Dittmer Properties, Inc. for a Small Scale FLUM Amendment, changing the
Future Land Use Map designation for the areas described herein and located on Shepard Rd, from
(Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential".
APPLICABLE LAW AND PUBLIC POLICY:
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 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 Springs Charter Section 4.15 Ordinances in General
Winter Springs Article ill. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
@
June 7, 2006
PUBLIC HEARING AGENDA ITEM 202
The recommendation of the staff review board shall be based on the following minimum factors, if
applicable:
(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
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 ofthe
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:
Feb. 13,2006- Commission Public Hearing for First Reading and Transmittal of Ordinance 2005-29, a
Large Scale Comprehensive Plan Amendment, changing the Future Land Use Map
designation from "Industrial" to "Medium Density Residential" on the adjacent 47.27
acre Dittmer property
Apr 12,2006- Incomplete Application received for Future Land Use change
Apr 20,2006- ORC Report Received from Florida Dept of Community Affairs on Ordinance 2005-29, a
Large Scale Comprehensive Plan Amendment on the Dittmer property which changes the
Future Land Use Map designation from "Industrial" to "Medium Density Residential"
Apr 12, 2006- Incomplete Application received for Future Land Use change
May 3,2006- Complete Application received.
May 9,2006- Noticing sent to adjacent property owners within 150' feet.
May 25, 2006-0rlando Sentinel Ad noticing the P&Z/LP A Public Hearing
June 7, 2006- P& Z Board (LP A) to hear the request and made recommendation to the Commission.
June 7, 2006
PUBLIC HEARING AGENDA ITEM 202
June 12, 2006-Commission Public Hearing for Second Reading/Adoption of Ordinance 2005-29, a
Large Scale Comprehensive Plan Amendment on the Dittmer property which changes the
Future Land Use Map designation from "Industrial" to "Medium Density Residential"
CONSIDERATIONS:
Applicant - The Keewin Real Property Company
Owner- Dittmer Properties, Inc.; 1006 Shepard Road; Winter Springs, FL 32708
Location - South side of Shepard Road
Total Acreage-.37 acres, more or less.
Site Information - These triangular pieces are part of a larger area that was previously excluded from the
Large Scale Comprehensive Plan Amendment on the adjacent Dittmer property. The Applicant
determined these areas would be needed as part of the Winter Place townhome development to
accommodate entry signage. These triangular pieces are also part of the US 17-92 CRA Redevelopment
District. The applicant is requesting a Future Land Use change from (Winter Springs) "Industrial" to
(Winter Springs) "Medium Density Residential":
Parcel #8: Portion of parcels:
28-20-30-5AS-OBOO-O 15A; 28-20-30-5AS-OBOO-O 170; 26-20-30-5AR-OCOO-0210;
LEGAL DESCRIPTION:
Triangle 1
A parcel of land being 0 portion of Lot 18, Block "B" of OAK GROVE PARK, according to
the plot thereof as recorded in Plot Book 7, Page 83, Public Records of Seminole
County, Florida. Being more particularly described os follows:
BEGIN at the Northwest corner of V/lLDWOOD according to the plat thereof os recorded
in Plot Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence
South 86"02'40" West, along the Southerly right of way line of Shepard Rood and
Northerly tine of said Lot 18, for 0 dlstonce of 140.52 feet to the POINT OF BEGINNING;
thence continue Sout.h 86'02'40" West, along said Southerly right of way line, for a
distance of 40.00 feet; thence South 03'57'20" Ea,st for 0 distance of 40.00 feet;
thence North 41'02'40" East for a distance of 56.57 feet to the POINT OF BEGINNING,
Contains 0.018 acres, more or less,
Triangle 2
A parcel of land being 0 portion of Lot 18, Block "e" of OAK GROVE PARK, according to
the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole
County, Florida. Being more particularly described as follows:
BEGIN at the Northwest corner of WILDWOOD according to the plat thereof os recorded
In Plot Book 19, Poge 7 through 10. Public Records of Seminole County, Florida; thence
South 66"02'40" West, along the Southerly right of way line of Shepard Rood and
Northerly Hne of said lot 18, for a distance of 260.52 feet to the POINT OF BEGINNING;
thence continue South 86"02'40" West, along sold Southerly right of way line, for 0
distance of 40.00 feet; thence South <4-8'57'20" East for a distance of 56.57 feet;
thence North 03"57'20" West for 0 distance of 40,00 feet to the POINT OF BEGINNING.
Contains 0,018 acres, more or less.
June 7, 2006
PUBLIC HEARING AGENDA ITEM 202
Existing Land Use:
Current Future Land Use:
Proposed Future Land Use:
Current Zoning:
Vacant, undeveloped
"Industrial"
"Medium Density Residential"
"PUD"
Ad'
t . f 1 d
dFLUMd' f
. ldthfill
. ., .
- - - -
~
Existing Land Uses Zoning FLUM
East
Vacant, undeveloped C-2 (WS)
....H..._.......h_........ .................................................................... .. ... ............~._.................._.................
Vacant C-2 (WS)
.....-......-.....-. .........--................... ... . ............... ................_......... ..... .......... ................ .............. .....,.........~.......-..... ..........................................
Single Family Residential R-I Single Family
m.....mm__m .... .......mm. m.m.~~.~i.4.~~!i.~!.(~9).. mm.....
Wastewater & Reclaimed PUD (WS)
Water Treatment Plant
.....-...............-.................................................. ... ..... ......... ......................................
Single Family Residential A-I (SC)
Industrial (WS)
............................................ ........................__..................................... ..................................H.......
Industrial (WS)
m..~..~~..n....._........ ........ .................................
LDR- Low Density
....~~.~i.4..~E.!i.~!{~9)m.m_.....m. ....
Public/Semi-Public (WS)
Subject Site
_....~..._~........_.~_._.._........_......._...-
North
..-.....-......-.-................-..
South
West
..............................-............ .......................................-...........
Suburban Estates (SC) and
Conservation (SC)
(WS) Winter Springs; (SC) Seminole County;
Development Trends - The Keewin Real Property Company is the developer of the proposed Winter
Place Townhouse development on the adjacent Dittmer property and wishes to include these parcels
within that proposed development to increase the area along Shepard Rd at the entrance to allow for
proj ect signage.
Proposed Future Land Use Classification - The proposed future land use map designation from Winter
Springs "Industrial" to Winter Springs "Medium Density Residential" is appropriate and compatible with
the proposed Winter Place Townhouse development, adjacent to these parcels.
Letters/Phone Calls In Favor Or Opposition - To date no correspondence has been received from any
one opposing the land use change, although there was one public records request from an attorney's
office.
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 prevailing character of the area around the subject property, as well as
evaluating the current land use and the future goals and objectives ofthe City and ofthe property owner.
However, the change of land use of these small pieces are justified only if the adjacent Large Scale
FLUM Amendment (which allows the development of the Winter Place Townhouse development) is
adopted.
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.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use
designation ofthe property is to apply a Winter Springs' Future Land Use Map designation that supports
the surrounding land uses and objectives for the future of Winter Springs. The requested future land use
map designation is consistent with the surrounding areas (as proposed).
Natural Lands Compatibility - The parcel is clear of vegetation and has been heavily impacted by
June 7, 2006
PUBLIC HEARING AGENDA ITEM 202
vehicular traffic. Therefore, it is not expected that there would be any endangered or listed species,
however, the applicant will need to confirm this during the development review process.
Consistency With The Comprehensive Plan - The proposed land use designation is consistent with the
Winter Springs' Comprehensive Plan.
FINDINGS:
(1) The proposed amendment will have a positive effect on the city's budget when the property develops,
because the taxable value of the property will increase;
(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) 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.
(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 eliminate the incompatibility that currently exists between the
existing future land uses.
(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;
(8) The proposed amendment will not adversely affect the public health, safety, welfare, economic
order, or aesthetics of the city or region; and
(9) An Evaluation and Appraisal Report is not under consideration by the State at this time.
STAFF RECOMMENDATION:
Staff recommends that the P&Z/Local Planning Agency hold a Public Hearing and make
recommendation to the City Commission related to Ordinance 2006-07, a Small Scale FLUM
Amendment which changes the Future Land Use Map designation of two triangular pieces totaling .37
acres located on Shepard Road from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium
Density Residential",
ANTICIPATED IMPLEMENTATION SCHEDULE:
June 26, 2006-City Commission 1st Reading of Ordinance 2006-07 and Public Hearing
June 29, 2006-Public Noticing in Orlando Sentinel (10 days prior to adoption)
July 10, 2006- City Commission 2nd Reading IAdoption of Ordinance 2006-07 and Public Hearing
ATTACHMENTS:
A- Application
B- Current Future Land Use Map
C- Proposed Future Land Use Map
D- Ordinance 2006-07 including Map & Legal Description
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
ATTACHMENT A
I:J~O(P ()CJ 2-
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IE:sIEVANS
lI;~ ENGINEERING, INC.
71' Irma Avenue
Orlando, FL 32803
(407) 872-1515
(407) 24H963 FAX
www.evansenglnc.com
April 27, 2006
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Eloise Sahlstrom
City Planner
City of Winter Springs
RE: Small Scale Como Plan Aoolications
Dear Eloise Sahlstrom:
Per the comments dated April 17, 2006, the following response is provided.
1. The Keewin real property company has provided an "Owner Authorization"
form for the owners of each lot that is included in each of the Small Scale
Comp Amendment applications.
2. Per the sketch and description provided by Benchmark Surveying and
Mapping, the acreage for lots 9 and 10 owned by Florida Ave, LLC is +/- 1.17
acres. The application has been updated and attached to this submittal.
3. The surrounding property owners' lists have been updated to exclude aU right-
of-ways.
If additional information is required to complete this submittal, or if you have any other
questions or concerns, please contact this office at 407-872-1515.
Permitting and Research Technician
Evans Engineering, Inc
. CIVIL ENGINEERING . LAND PLANNING . PERMIlTING SERVICES .
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CITY OF WINTER SPRIN~ l' I~ ~~
COMMUN ITV DEVEL.OPM ENT DEPARTM eNiP'>}~ ~'V~ <'QQ~
'1- 'f>. CI
1126 ST A TI!: ROAD 43 4 oGl-~.s'^,~
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WINTEll SPR.INGS, FL 32708 'l?6,,/;;.s
407-327-5967
FAX:4 07 -327 -6695
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
APPLICANT;
If Applicant does NOT OViD the property:
fROPERTYO~~~ ~ittmer prooerties. Inc.
Wt Pint
1006 Sheoard Road.
Winter S~ringst FL 32708
city SIaIe
MAILING ADDRESS;
PHONE:
MAIUNG ADDRESS:
ii-
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-" PHONE:
TAX P AACEL NUMBER.:
SIZE OF PARCEL:
Existitlg Land Use:
The Keewin Real
Wt
1031 West Morse
Winter park. FL
City
(407)645-4400
Property Company
rim
Blvd., Suite 325
32789
Sb.~
Middle
Zip Code
Middle
Zip Code
0170
Current FU'I1.1RB LAND USE Classifitation; In d u s t ria 1
REQUEST for a Change to City ofWinl:er Springs FU'I'UR.E LAN!> USE CWsificlltiOn: Med i um Pens it y Res.
Please state the rC8S0ns or justification for your Comprehensive Plan Amendmel1t (F\IDa'e
Land Use Change); To inclucle into proposed Winter Place Townholl1es
development - sign location
If you are requesting ID ).~dme.nt to the Goals, Objectives, 8r. Policies of the City's COJDprcheurive
Plan.. set fo11h the proposed ). m"ndm.ent ill detail and provide supporting dooumentation.
~ent ZONING Classification: PUD
(J--")
lra 39'1d
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SET 17 CPI
*f.i T11[:U~~j:'r:Rj:'~~n 03116/06** KISe
MISCELLANEOUS CASH RECEIPTS
Date / Tile : 04/12/06 11:41
Pay.ent ~~500.00
Receipt M I 1054524
E9~i~~2~tdit cft:!9 ~~~ilirrlltl0
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COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Conunissi(f~~ach <"" ~
action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida S~s ('""~ <>
ba ve been achieved. "~:, "':;~ ~\
't."l .....
LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida '\.l,~,
Department of Community Affairs and are not effective until the Department of Community Affairs issues
a ''Notice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of
Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided bylaw, the Comprehensive
Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1)
F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows:
A~plication submittal deadlines:
Spring- No later than 5:00 p.rn. on the first Wednesday in February. The application(s) will be reviewed
at a meeting of the local planning agency to be held in April or as otherwise practicable.
Fall- No later than 5:00 p.rn. on the first Wednesday in August. The application(s) will be reviewed at a
meeting of the local planning agency to be held in October or as otherwise practicable.
SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of
consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.).
APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings,
with respect to any matter considered at the meetings or hearings, they will need a record of the
proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is
made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per
286.0105, Florida Statutes.
THE FOllOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
10 A copy of the most recent SURVEY of the subject property with Metes and Bounds
description.
19 A copy of the LEGAL DESCRIPTION.
~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
~ JUSTIFICATION for the Request based on Code Section 20-102{d). (See Attached List)
m NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
m Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
m APPLICATION FEES:
FEES are as SHOWN BELOW plus AcruAL COSTS incurred for ADVERTISING or NOTIFICA nON,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
COMPREHENSIVE PLAN AMENDMENT per Applicant
Small Scale (Generally 10 acres or fewer)
Large Scale (Generally More than 10acres; Text Amendments).
· Pursuant to Chapter 163, Florida Statutes.
$ 500
$ 500
$1000
TOTAL DUE
$ 500
M=:h 2005
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OWNER'S CONSENT
t~ .\:l1\Uft\l~ \ 5"~ 7CiO~
(Date
Re: Approximately 46 gross acres (approximately 44 net acres) of vacant land at the SE
quadrant of Shepard Road at US 17-92 In Winter Springs, Florida.
See Exhibit "B" for Legal Description
To Whom It May Concern:
The undersigned, constituting the sole legal owner of the above-referenced property, hereby
provides approval and authorization for The Keewin Real Property Company and Jay E. Folk,
President ("Keewin") to act as agent on owner's behalf and to appoint an engineering
representative on owner's behalf in connection with the execution of applications or permits
related to comprehensive. plan amendment, annexation, rezoning and miscellaneous
development approvals including, but not limited to, preliminary subdivision plan, development
plan, construction plan, final platting, utility agreements and utility and public services approvals
and permits (including but not limited to permits and approvals from Seminole County, City of
Winter Springs, the Florida Department of Transportation, the Florida Department of
Environmental Protection, the St. Johns River Water Management District and any other
agencies required to process said approvals and permits) for the above-referenced property.
The foregoing is executed as of the date first written above.
Dittmer Properties, Inc.
Notary Public
Subscribed and sworn before me
this\S~ day of ~y~'rt\Q ,2..~'=>
f'r<\ . D ~~
Notary Publlc
State of Florida ~i\. MOTubbI
My Commission Expires: !~"I My CommIItlon 00251851
~ Expires $epwm,* 21 2007
Sketch of Description
Sheet 2 of 2
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Shepard Rood (60' R/W)
POINT OF BEGINNING......... S 86'02'40. W 260.52'
of Triangle parcel 2 ) 40.0 ~s 86'02'40' W
-so AO.OO ~ VI & 140.52'
.., . 0 Ul .t<
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u~.t>.<b.~ ~ P ~ ~;:. oJ>~OINT OF BEGINNING
'" a q of Triangle parcel 1
(Southerly right of way
line &: North line of Lot 18
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1" = 100'
'"
POINT OF
COMMENCEMENT
Northwest
corner of
WILDWOOD, Plat
Book 1 9. Pg. 7
...........
"B"
Portion of lot 18, Block
OAK GROVE PARK
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"8"
portion of lot 1 8, Block
OAK GROVE PARK
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Surveyor's Report
1, THIS IS NOT A SURVEY.
2. Bearings shown hereon are based on the Southeriy rIght of way line of Shepard Road being assumed as S 86'02'40" W.
3. This sketch is not valid without the signature and the original raised seal of a florida licensed surveyor and mapper,
LiIL Benchmark Surveying c!c Mopping Consultants. Inc.
V Certificate of Authorization Number - LB 6796
Post Office Box 771065, Winter Garden, Florida 34777-1065
557 West Plant Street, Winter Garden, Florldo 34787
(407) 654-6183 Fax (407) 654-6184
21710 SO TRI
Pro Ject *
04/19/06
Date
Sketch of Description
Sheet 1 of 2
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Triangle 1
A parcel of land being 0 portion of Lot 18, Block .B~ of OAK GROVE PARK, according to
the plot thereof os recorded in Plat Book 7, Page 83, Public Records of Seminole
County, Florida. Being more particularly described as follows:
BEGIN at the Northwest comer of WILDWOOD according to the plat thereof os recorded
in Plot Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence
South 86'02'40" West, along the Southerly right of way line of Shepard Rood and
Northerly line of sold Lot 18, for a distance of 140.52 feet to the POINT OF BEGINNING;
thence continue South 86'O2'40~ West, along sold Southerly right of way line, for a
distance of 40.00 feet; thence South 03'57'20~ East for 0 distance of 40.00 feet;
thence North 41'O2'40~ East for 0 distance of 56,57 feet to the POINT OF BEGINNING.
Contains 0.018 acres, more or less.
TrIangle 2
A parcel of land being 0 portion of Lot 18, Block ~B" of OAK GROVE PARK, according to
the plot thereof os recorded In Plot Book 7, Page 83, Public Records of Seminole
County, florida. Being more particularly descrIbed os follows:
BEGIN at the Northwest corner of WILDWOOD according to the plat thereof as recorded
In Plot Book 19, Page 7 through 10, Public Records of SeminOle County, Florida; thence
South 86'02'40" West, along the Southerly right of way line of Shepard Rood and
Northerly line of said Lot 18, for a distance of 260.52 feet to the POINT OF BEGINNING;
thence continue South 86'02'40. West, along sold Southerly right of way line, for 0
distance of 40.00 feet; thence South 48'57'20" East for a distance of 56.57 feet;
thence North 03'57'20. West for 0 distance of 40.00 feet to the POINT OF BEGINNING.
Contains 0.01 8 acres, more or less,
Surveyor's Report
1. THIS IS NOT A SURVEY.
2. Bearings shown hereon ore based on the .....,~..,..:~'..:~> '.
3. This sketch Is not valid without the signature and the original raised seal of 0 Florida irceniecf:;ut'V~yPr and mapper.
.' .t~ _'.., t J ... .... ",. '....
Benchmark Surveying c!c Mopping Consultants, Inc,
-0- Certificate of Authorization Number - LB 6796
Post Office 80x 771065, Winter Garden, Florida .34777-1065
557 West Plant Street, Winter Garden, Florida .34787
(407) 654-6183 Fax (407) 654-6184
21710 SO TRI
Project IJ
04/19/06
Date
LEGEND
ATTACHMENT B
Current FUTURE LAND USE MAP
May 2006
_ Commercial
Industrial
Medium Density Residential
Public I Semi-Public
Recreation
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600
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1 ,200 Feet
300
ATTACHMENT C
Proposed Future land Use Map
LEGEND
.. Commercial
,/
//
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Industrial /
I
Medium Density ReSidential/
Public I Semi-Public
Recreation
ATTACHMENT D
ORDINANCE NO. 2006-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP ("FLUM")
AMENDMENT BY CHANGING THE FUTURE LAND USE
MAP DESIGNA TION OF THE REAL PROPERTY
CONSTITUTING TWO TRIANGULAR PIECES OF LAND
TOTALING 0.036 ACRES MORE OR LESS AND
GENERALL Y LOCATED ON SHEPARD ROAD IN WINTER
SPRINGS, FLORIDA, AND MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON COMPOSITE
EXHIBIT "A" ATTACHED HERETO, FROM WINTER
SPRINGS "INDUSTRIAL" TO WINTER SPRINGS "MEDIUM
DENSITY RESIDENTIAL"; 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 June 7, 2006, 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. 2006-07
Page I of 3
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Composite Exhibit" A" from "Industrial" to "Medium Density Residential."
Composite 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-Il, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3187(3)( c), unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effective at such time as the Florida Department of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
Comprehensive Plan Amendment is in compliance. No development orders, development permits,
or land use dependent on this Amendment may be issued or commenced before it has become
City of Winter Springs
Ordinance No. 2006-07
Page 2 of 3
effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and
become a part of that plan and the Amendments shall have the legal status of the City of Winter
Springs' Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2006.
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. 2006-07
Page 3 of 3
Sketch
of Description
Sheet 1 of 2
Ordinance 2006-07
Exhibit 'A'
Triangle 1
A parcel of land being 0 portion of Lot 18, Block "B" of OAK GROVE PARK, according to
the plot thereof as recorded in Plot Book 7, Page 83, Public Records of Seminole
County, Florida. Being more particularly described os follows:
BEGIN at the Northwest corner of WILDWOOD according to the plot thereof os recorded
in Plot Book 19, Page 7 through 10, Public Records of Seminole County. Florida; thence
South 86'02'40" West, along the Southerly right of way line of Shepard Rood and
Northerly line of said Lot 18, for 0 distance of 140.52 feet to the POINT OF BEGINNING;
thence continue South 86'02'40" West, along said Southerly right of way line, for 0
distance of 40.00 feet; thence South 03'57'20" East for a distance of 40.00 feet;
thence North 41'02'40" East for a distance of 56.57 feet to the POINT OF BEGINNING.
Contains 0,018 acres, more or less.
Triangle 2
A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to
the plot thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole
County, Florida. Being more particularly described os follows:
BEGIN at the Northwest corner of WILDWOOD according to the plat thereof as recorded
In Plot Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence
South 86'02'40" West, along the Southerly right of way line of Sheperd Rood and
Northerly line of sold Lot 18, for a distance of 260.52 feet to the POINT OF BEGINNING;
thence continue South 86'02'40" West, along sold Southerly right of way line, for 0
distance of 40.00 feet; thence South 48'57'20. East for 0 distance of 56.57 feet;
thence North 03'57'20" West for 0 distance of 40.00 feet to the POINT OF BEGINNING.
Contains 0.018 acres, more or less.
Surveyor's Report
1. THIS IS NOT A SURVEY.
2. Bearings shown hereon ore based on the
3. This sketch Is not valid without the signature and the original raised seal of 0
Benchmark Surveying & Mapping Consultants, Inc.
-0- Certificate of Authorization Number - LB 6796
Post Office Box 771065, Winter Garden. florida 34777-1065
557 West Plant Street. Winter Gorden, Florida 34787
(407) 654-6183 Fax (407) 654-6184
21710 SO TRI
Project ,
04/19/06
Dote
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Sketch
. . Ordinance 2006..07
of Description Exhibit 'A'
Sheet 2 of 2
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Shepard Rood (50' R/W)
POINT OF BEGINNING .......
of Triangle parcel 2 ,
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t; ~ ~ POINT OF BEGINNING
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(Southerly right of woy
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POINT OF
COMMENCEMENT
Northwest
corner of
WILDWOOD, Plat
Book 19. Pg. 7
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"B"
Portion of Lot 18, Block
OAK GROVE PARK
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Portion of Lot 1a, Block "S"
OAK GROVE PARK
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Surveyor's Report
1. TIi/S IS NOT A SURVEY.
2. Bearings shown hereon ore based on the Southerly right of woy line of Shepard Road being assumed os S 86'02'40" W.
3. This sketch is not valid without the signature and the original raised seal of a florida licensed surveyor and mapper.
..LiIL Benchmark Surveying & Mopping Consultants, Inc.
V Certificate of AuthorIzation Number - LB 6796
Post Office Box 771065, Winter Gorden, florida 34777-1065
557 West Plant street, Winter Garden, Florida 34787
(407) 654-6183 Fax (407) 654-6184
21710 SO TRI
Project #
04/19/06
Date