HomeMy WebLinkAbout2006 06 07 Public Hearings Item 200 Ordinance 2006-05
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
June 7, 2006
Meeting
Consent
Information
Public Hearing X
Reeular
ITEM 200
REQUEST: The Community Development Department - Planning Division requests the
Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2006-05, a
Small Scale FLUM Amendment which changes the Future Land Use Map designation of two parcels
totaling 1.17 acres, located on Lake Lucerne Circle from (Winter Springs) "Industrial" to (City of
Winter Springs) "Medium Density Residential".
PURPOSE: The purpose ofthis request is to consider the request of The Keewin Real Property
Company on behalf of Florida Avenue LLC for a Small Scale FLUM Amendment, changing the
Future Land Use Map designation for two vacant parcels located at Florida Avenue and Lake
Lucerne Circle, from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density
Residential". The Keewin Real Property Company wishes to incorporate these parcels into their
proposed Winter Place Townhouse development on the Dittmer property.
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 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 Springs Charter Section 4.15 Ordinances in General
Winter Springs Article m. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
@
June 7, 2006
PUBLIC HEARING AGENDA ITEM 200
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 of
the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East
Central Florida Regional Policy Plan, adopted by Rule 29F-19.00l, Florida
Administrative code;
(5) 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;
(6) Whether the amendment is compatible surrounding neighborhoods and land use;
Whether approval ofthe 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 Agencv 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:
Aug 24. 1987- Property Annexed into Winter Springs
Sept 28. 1987- Future Land Use designation of "Light Industrial" and Rezoning to "C-2 General
Commercial" Adopted by City Commission
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 Florida Avenue LLC 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"
May 3.2006- Complete Application received for Florida Avenue LLC Future Land Use change.
June 7, 2006
PUBLIC HEARING AGENDA ITEM 200
May 9,2006- Noticing sent to adjacent property owners within 150' feet of the subject property
regarding the requested land use change.
May 25. 2006-0rlando Sentinel Ad noticing the P&Z/LP A Public Hearing
June 7. 2006- P& Z Board (LPA) to hear the request and make recommendation to the
Commission.
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- Florida Avenue LLC; 1920 Boothe Circle, Suite 110; Longwood, Florida 32750
Location - South of Florida Avenue and east of Lake Lucerne Circle.
Total Acreage-I.17 acres, more or less.
Site Information - The cleared property is currently undeveloped but is utilized for outdoor
equipment storage. The property is not included in the US 17-92 CRA Redevelopment District. The
parcels have an "Industrial" Future Land Use. The applicant is requesting a Future Land Use change
to "Medium Density Residential":
Parcel #: 33-20-30-507-0DOO-OIOO & 33-20-30-507-0DOO-0090
LEGAL DESCRIPTION:
LOTS 9 AND 10, FLAMINGO SPRINGS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 6, PAGE 72, PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA. CONTAINING APPROXIMATELY
1.17 ACRES, MORE OR LESS.
Existing Land Use:
Current Future Land Use:
Proposed Future Land Use:
Current Zoning:
Vacant, undeveloped
"Industrial"
"Medium Density Residential"
"C-2 General Commercial"
Ad'
t
I d
d FLUM d' t
. ldthflll
. ., .
~ -
Existing Land Uses Zoning FLUl\1
Subject Site
.....----...-.......... ..........,..................
North
Vacant, undeveloped C-2 (WS)
. ..........__......._...........w_................_.....,....._.........._..~ ........._.................................... ..............~........._................._-,.......
Vacant Single Family C-2 (WS)
Residence
.... .......................... .....__....__._............_....__.......................... ..m....................."... ................................... ............ ..............._....... ..........._.._....m..._.. ..._._.............m............._..__..._._.Mm__._._.........................
Single Family Residential A-I (SC)
Industrial (WS)
. ........._..........._m......._._...__.__..._.._..._....._......... ......
Industrial (WS)
West
Wastewater & Reclaimed
Water Treatment Plant
........._..."_........._mmm................._._.,,..,,~.........m.... ..........."..........
Single Family Residential
PUD (WS)
LDR- Low Demi~
.m...mm._........... ..B:~~i~.~!!!~~!.J.~.fJ.__..._____.___.
Public/Semi-Public (WS)
South
East
........... ........._........._..~._._........."._...-
R-IA (SC)
LDR- Low
Residential (SC)
Densi~
(WS) Winter Springs; (SC) Seminole Coun~;
Development Trends - The Keewin Real Property Company is the developer of the proposed Winter
Place Townhouse development on the Dittmer property (to the north) and wishes to include these
parcels within that proposed development, to reduce incompatibility concerns.
June 7, 2006
PUBLIC HEARING AGENDA ITEM 200
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 (to the north) and the existing
residential character of the Lake Lucerne neighborhood to the south and west of these parcels.
LetterslPhone 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 of the City and of the
property owner.
The change of land use is justified because the existing future land use of "Industrial" is not
compatible with the existing residential character and current future land use of "Low Density
Residential" of the Lake Lucerne area. Furthermore, the Winter Springs Comprehensive Plan
indicates (FLUE Objective 1.5) that existing incompatible uses shall not be allowed to expand and
shall be eliminated, when feasible.
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 OfProl'osed 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
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.
Natural Lands Compatibility - The parcels were previously cleared of vegetation with the exception
of a few trees around the perimeter. There are no wetlands and 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:
(l) 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;
June 7, 2006
PUBLIC HEARING AGENDA ITEM 200
(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 ofthe 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 2006-05, a Small Scale FLUM
Amendment which changes the Future Land Use Map designation oftwo parcels totaling 1.17 acres,
located on Lake Lucerne Circle from (Winter Springs) "Industrial" to (City of Winter Springs)
"Medium Density Residential".
ANTICIPATED IMPLEMENTATION SCHEDULE:
June 26, 2006-City Commission 1st Reading of Ordinance 2006-05 and Public Hearing
June 29, 2006-Public Noticing in Orlando Sentinel (10 days prior to adoption)
July 10,2006- City Commission 2nd Reading / Adoption of Ordinance 2006-05 and Public Hearing
ATTACHMENTS:
A- Application
B- Current Future Land Use Map
C- Proposed Future Land Use Map
D- Ordinance 2006-05 including Map & Legal Description
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
-r (;).co lp tlOI
jE:3EVANS ATTACHMENT A
11:.,3 ENGINEERING, INC.
.,...".."......i_.....~
719 Irma Avenue
O....ndo, FL 32803
(407) 872-1515
(407) 246-0963 FAX
www.evansenginc.com
April 27, 2006
If.c:~
AlAI' 0 '''1:'0
Clr'y J IOO~
COrr, 0"0111 u
rr,VIl 0 N.,.€~
fly 0 'T Sf>
e"610 tyING
'Prr,en/ S
Eloise Sahlstrom
City Planner
City of Winter Springs
RE: Small Scale Comp Plan Applications
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 Surveyi~
Mapping, the acreage for lots 9 and 10 owned by Florida Ave, LLC is~
acres. The application has been updated and attached to this submittal.
3. The surrounding property owners' lists have been updated to exclude all 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
. CML ENGINEERING . LAND PLANNING . PERMnTING SERVICES .
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407 -327 -6695
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
~~
(\
('/~ ~r ~~
('0;0,<- () ~ ~
"'<< ~ ~ 'it..
"/,1 'Vz, ("""da V
()<\I '\> ~
~~ <.\',0
~.o '?,,1<
~C!>"I G'<.\'
APPUCANT:
MAILING ADDRESS:
PHONE:
If Applicant does NOT own the p
PROPERTY OWNER:
MAILING ADDRESS:
PHONE:
he Keewin Real
Last
1 31 West Morse
Middle
325
Zip Code
Inc.
First
"
FL 32708
State
Zip Code
This request is for the property descn
PROPERTY ADDRESS: She rd
TAX PARCEL NUMBER::
SIZE OF PARCEL:
Existing Land Use:
0170
LAND USE Classification: Med i urn Dens i t Y Res.
Townhornes
If you are resting an Amendment to the Goals, Objectives, & olicies of the City's Comprehensive
Plan, set fo the proposed Amendment in detail and provide sup
Current
i
March 200S
I
I
if;
f:...,,'./'....
TcO~o<OJ ~~
~A ~ ~
<.6). ;p "
CITY OF WINTER SP,RIN'?~ ,/~ ~
COMMUNITY DEV~LOPMeNT DEPARTMeNf<!>t.:'?,,~ ~ ()
1126 STATE ROAD 434 \i;'t;
WINTER SPRINGS, FL 32708 <!>?"G'<)'
407-327-5967
FAX:407-327-6695
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
APPLICANT:
MAILING ADDRESS:
PHONE:
The Keewtn ~ei'!l
Wt
1031 West ijorse
W~n~ex: Pork, FL
City
(407)645-44QO
~rope~ty ~~mpi'!nf
Fm
B~vd.. Suite 325
3 ~27Rg
State
Middle
Zip Code
//;,If Applicant does NOT own the property:
{j ,/'"
PROPERTYO~: F1Qrid& Avenue, LLC
wt FizJt Middle
MAILING ADDRESS: 1920 Boothe Circle, Suite 110
Lonqwood, FL 32750
City State
PHONE:
Zip Code
This request is for the property described below:
P~OPERTYADDRESS: Lake Lucerne CirCle. Winter Spring~. FL 32708
TAXPARCELNUMB~ 33-20-30-507~ on,00-0100; 0090 ;) 1~/3 .. .~'/i/ ~
SIZE OF PARCEL: +/- i<t, 34~ if :jD~;;15'Srr- +I-/~ l.i1
Squ&nl Feet Acta
Existini Land Use: ~ Industrial
Current FU"I'tJRE LAND USE Clusitication: 1 n d us to rial
REQUEST for a Cwlge to City ofWintcr SpriDga FtJ"fllRE LAND USE Classification: Mad i um Dens it Y Res,
Please state the reuODS or justificatiOll for your Compnmcnsive Piau A.mendmeI1t (Future
lVtdUseCbIIDg~): To include int.o propsed wi nter P1 a~~ Tovnl7~mp~
I
I
f
I
I
I
I
If you are rcqucstiDg an Amc~cfm/o!nt to the Goals, Objectivel, & Policies of the City's Comprehexlsive
Plan, Ict forth the proposed .A~ment in detail and provide II1ppOrting do<:umentatiOD.
Current ZONING Classification: c- 2
SET 17 CPI
***lIvEl*aREFRESHED 03/16/06.* HISC
nLSeetlAI~UQ r^~ PECEIPTS 42
D~tl / Tiae , 04/12/06 11:
Pay.ant : $500.00
Receipt I ldactl ~ 1054526
r'k""tll"....H+ 1":01'141"; '1/.'
~ece'''eo
MAY 0 3 2006
CITy
C OF WIN,
OrnrnUflity 0 E:R SPRINGS
eve/oQm
COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. .l2SW
action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes
have been achieved.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida
Department of Community Affairs and are not effective until the Department of Community Affairs issues
a "Notice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of
Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, 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:
ADDlication submittal deadlines:
Spring- No later than 5:00 p.ol. 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.ol. 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 oC
consideration oCamendments to the Comprehensive Plan under the conditions approved bylaw. (see 163.3187 F.s.).
APPUCANTS 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.
Xl 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
Xl JUSTIFICATION for the Request based on Code Section 20-102(d). (See Attached List)
"R] NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
R] Notarized AUTHORIZATION of the Owner,
IF the Applicant Is other than the Owner or Attorney for the Owner (see below).
EJ APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development
COMPREHENSIVE PLAN AMENDMENT per Applicant
Small Scale (Generally 10 acres or fewer)
Large Scale (Generally More than IOacres; Text Amendments)'"
· Punuant ~ Chapter 163, Pbida Statutes.
$ 500
S 500
$1000
TOTAL DUE
$ 500
2
Marcll 200S
EXHIBIT "c"
~~c
is''f.,; .
At4J' 0 l$'O
cl'r'r . J ~
cOli) Of.; ~ cOOB
II)I.//,. IV.,.~
"/~ "f?
q~l.< sPf?
elo.o IIVG
lI)elJt .s
OWNERS CONSENT
Re: Property located on Florida Ave., Winter Springs, Florida
Tax ill # 33-20-30-507-0DOO-OIOO & 33-20-30-507-0DOO-0090, Seminole County
See Exhibit "B' for Legal Description
To Whom it May Concern:
The undersigned, constituting the legal owner of the above-referenced property, hereby provides
approval and authorization for The Keewin Real Property Company and Allan E. Keen,
Chairman ("Keewin") to act as agent on owner's behalf and to appoint an engineering
representative on owner's behalf with the authority to execute application or permits relate to
development approvals including, but not limited to, future land use change, zoning change,
annexation preliminary subdivision plan, overall 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.
L
\1W /}1.~/P:
Printed name
I&JI-~"r-
Title
Notary Public
Subscri~d and swolf ~~~or IPfnn/ _
This~day of~cp
~~1 (bpQ{
Notary ublic
~~ SHERRYMCXlOPBR
,,"..1 "Y CO....ISSION tI 00'29700
"+",,,*' exPIRES: J"ne n.~10
(<<J7) ~ID ,..... '**'Y ........oom
Sketch of Description
~~c
~/~
At4J' 0 ~C
C1l'y J 'n
Co,.",OF-IA. crJ06
-'II>) 'v'IV.,
lJl7/1y D i:f? Sf:>
eve10 f?/A;G
'hel7/ .s
DESCRIPTlON
Lots 9 and 10, FLAMINGO SPRINGS, accordIng to the plat thereof as recorded
In Plat Book 6, Page 72, Public Records of Seminole County Florida.
Containing approximately 1.17 acres, more or less.
1.-0 t 25
"ddition No. :!l
I er Farms "
Entzm ng k 6 Page 27
Plat 800 ,
Scale: 1" = 100'
50'
A...-enue
F\or\da r Plat Boo\(. 6. Pd'ile 27
rig"t of 'f4ay pe 485 42'
N 63'08'22- E .
Lot 10
~2.5'
N 83'08'22- E
Lot 9
io
41)101
"
!'4
-
r
io~
IOZ
~"
.N
....1/
001
~l
.g'w!
'a~
418
~llJ
c_
/o
;5ii:
..
. 1/
~Q.
'f,.
.... <;.
;Q~
~... $
0.... ~
... C'!
~C8,.
.0 "$
~
~q
0... C)..:
~ (ll
o~
c?
-<)
~
co
~
N 83'O8'~- E
Lot 8
flamingo springs
Plat Book 8, Page 27
337.5'
Surveyor's Report
1. THIS IS NOT A SURVEY.
2. The bearings indicated hereon are based on the South right of way line of FlorIda Avenue being assumed to bear
North 63'OB'22" East.
3. This sketch Is not valid without the sIgnature and the original raised seal of a florida licensed surveyor and
mapper.
4. Distances Indicated hereon are based on the plat of flamingo Springs. Plat Book 8, ~.dSle 12., .P.lIbllc Records of
Seminole County. Not field work was performed dS part of this Sketch of Description...... .~ '_"; .;-..~....:.:,' .-'.
04/19/06
Date
d Benchmark Surveylng & Mopping Consultants, Inc.
V Certificate of Authorization Number - LB 6796
Post Office Box 771065, Wlnter Garden. florida 34777-1065
557 West Plant street, Wlnter Garden. Florida .34787
(407) 654-618.3 Fax (407) 654-6184
21710
Lots9and10
Pro ject ,
ATTACHMENT B
Current FUTURE LAND USE MAP
May 2006
Public / Semi-Public
Ii Lg. Scale FLUM
Ord.2005-29
~
>-
i
'"
x
.;
:;;
__mmmm_m_m__m_m$m. Scale FLUM
m_ _m) m m mJtm~~d:~~~C!7-m-m-m-
- _ -- - 1--'- rT1r-
/J~ Ji
'II
I
I '
mm__'--___.J
LEGEND
_ Commercial
Industrial
Medium Density Residential
Recreation
I
I I
I
I
I _mm
e · Sm. Sea
, Ord.2
0:
o
w
~
I
o
300
I
600
I
1,200 Feet
ATTACHMENT C
Proposed Future land Use Map
,
/
1/
/
/
Industrial /
I
Medium Density Residentiall
LEGEND
.. Commercial
Public I Semi-Public
Recreation
ATTACHMENT 0
ORDINANCE NO. 2006-05
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 FLUM DESIGNATION
OF THE REAL PROPERTY CONSTITUTING TWO
PARCELS TOTALING 1.17 ACRES MORE OR LESS AND
GENERALLY LOCATED ON LAKE LUCERNE CIRCLE IN
WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON 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
163.3187(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 ofthe 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. 2006-05
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 Exhibit "A" from Winter Springs "Industrial" to Winter Springs "Medium
Density Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section S. 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 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. 2006-05
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. 2006-05
Page 3 of 3
Sketch of Description
Ordinance 2006-05
Exhibit 'A'
DESCRIPTION
Lots 9 and 10, FLAMINGO SPRINGS, according to the plat thereof as recorded
in Plat Book 6, Page 72, Public Records of Seminole County Florida.
Containing approximately 1.17 acres, more or less.
No. :3
Lot 25
farms Addition
Entzm\nger I. 6 Page 27
Plot 800.. ,
Scale: 1"
= 100'
~.
.....<.....
:Qv.,:
~,... tIl
0.... <C.
"'0 Cl(il!
~ "'"
.0 ~tIl
~
~~
0,... ~
<S'>tIl
00
ff
c?
-0
~
l.I>
~
~
F\orido Ave;~te Book 6. Page 27
50' rIght of Ylay per <\85 42'
N 83"08'22- E .
Lot 10
382.5'
N 83"08'22- E
Lot 9
:101
f.,.
!'l
;:
io8
tOz
~"
~~
"'-II
001
:ccf
.g'cO
1:l.x
II 0
EO
olD
c_
10
5([
L-
. II
~Q.
N 83'08'22- E
Lot 8
, gs
flamingo Sprln
Plat Book 8, Page 27
337.5'
Surveyor's Report
1. THIS IS NOT A SURVEY.
2. The bearings Indicated hereon ore based on the South right of Yloy line of Florida Avenue being ossumed to bear
Narth 83'08'22" East.
3, This sketch is not valid without the sIgnature and the original raised seal of a Florida licensed surveyor and
mapper.
4, Distances indicated hereon ore based on the plot of Flamingo Springs. Plat Book 8, P.og8 12. .P.lIblic Records of
Seminole County. Not fleld work was performed os part of this Sketch of Description, ;,' .... ~'; 'f':~': ..:.~: ....
04/19/06
Dote
t".... ," ",
ft Benchmark Surveying & Mapping Consultants, Inc.
V Certificate of Authorization Number - LB 6796
Post Office Box 771065, Winter Gorden, Florida 34777-1065
557 West Plant Street, Winter Gorden. Florida .34787
(407) 654-6183 Fax (407) 654-6184
21710
Lots9and10
Project #