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HomeMy WebLinkAbout2006 10 04 Public Hearing 200 Weaver FLUM to Low Density Residential COMP.pdPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY AGENDA ITEM 200 Public Hearing X October 4, 2006 Meeting REQUEST: The Community Development Department – Planning Division requests that the Local Planning Agency hold a Public Hearing for Ordinance 2006-13, a Large Scale Comprehensive Plan Amendment (referenced as LS-CPA-07-01) which changes the Future Land Use Map designation of four (4) parcels containing 29.3 acres, more or less, located immediately west of DeLeon St. at Cress Run from (Seminole County) “Rural-3” (1 dwelling unit per 3 acres) to (Winter Springs) “Low Density Residential” (1.1 – 3.5 dwelling units per acre). ___________________________________________________________________________ PURPOSE: Samuel Bowman has initiated the request for a Large Scale FLUM Amendment, on the Weaver and Rook properties, to change the Future Land Use Map designation for four (4) parcels located immediately west of DeLeon St. to “Low Density Residential” (Winter Springs), so that the existing vacant property can be developed into single family homes. 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 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 III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; 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 October 4, 2006 Public Hearing Item 200 Page 2 of 10 Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Nov. 13, 2000- Transmittal Hearing for Comprehensive Plan Amendment changing the FLU from (Seminole County) Rural-3 to (City of Winter Springs) “Lower Density Residential” (1.1 – 3.5 DU per acre). Nov. 27, 2000- Final Reading/Adoption of Ordinance 2000-40 Annexing the Weaver property. Seminole County and the City of Oviedo formally objected to the annexation and the FLUM Amendment. The FLUM amendment was not adopted. Oct. 25, 2004- Rook property annexed into the City (Ordinance 2004-48) Nov. 2004- Seminole County’s Urban/Rural Service Boundary established by referendum. The Urban/Rural Service Boundary follows the City’s eastern perimeter, placing the Weaver property within the urban service area. Nov 22, 2004- Fifteen (15) year Development Order granted to Tim & Hope Montgomery for the operation of Eagle Bay Wood Products, Inc. (for the manufacture of wood cabinets and similar furniture) at 203 Cress Run. This buisness shares the Cress Run entrance with the subject property. Sept. 18, 2006- Adjacent property owners within 150’ Notified by Certified Mail Sept. 21, 2006- Public Noticing in Orlando Sentinel of LPA Public Hearing Oct. 4, 2006- LPA to hear the request and make recommendation re: Ord. 2006-13 CONSIDERATIONS: Applicant – Samuel H. Bowman IV; Licensed Real Estate Broker; 1366 Augusta National Blvd.; Winter Springs, FL 32708 (407) 366-7345 Owner(s) – Donald E. Weaver, Trustee and Cynthia L. Rook Location – Between Barrington Estates and DeLeon Street, north of Florida Av. at Cress Run Site Information – The following four (4) parcels currently have a (Seminole County) “Rural-3” Future Land Use and are being considered for this Future Land Use change to (City of Winter Springs )“Low Density Residential”. Total Acreage – 29.3 from survey (30.32 from property appraiser’s data) PARCEL ‘A’ Property Address: 226 CRESS RUN (STE 1000 & 1008); OVIEDO 32765 Property Owner: Donald E. Weaver, Trustee Owner’s Address: 844 Lake Mills; Chuluota, FL 32766 Property Appraiser Parcel I.D.: 03-21-31-300-004B-0000 Property Acreage: 5.80 Property Legal Description: SEC 03 TWP 21 S RGE 31E N 2/3 OF S ¾ OF E ½ OF SW ¼ OF NW ¼ (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S TO A PT W OF BEG E TO BEG & RD) Existing Land Use: Non-Conforming Use in Light Manufacturing Existing Zoning: “A-3 Agricultural 3-Acre” (Seminole County) Current Future Land Use: Rural-3 (Seminole County) Proposed Future Land Use: Low Density Residential (Winter Springs) October 4, 2006 Public Hearing Item 200 Page 3 of 10 PARCEL ‘B’ Property Address: 217 CRESS RUN; OVIEDO 32765 Property Owner: Donald E. Weaver, Trustee Owner’s Address: 844 Lake Mills; Chuluota, FL 32766 Property Appraiser Parcel I.D.: 03-21-31-300-004C-0000 Property Acreage: 1.37 Property Legal Description: SEC 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT OF E 19 FT) Existing Land Use: Non-Conforming Use in Light Manufacturing (Warehouse Distribution & Storage) Existing Zoning: “A-3 Agricultural 3-Acre” (Seminole County) Current Future Land Use: Rural-3 (Seminole County) Proposed Future Land Use: Low Density Residential (Winter Springs) PARCEL ‘C’ Property Address: CRESS RUN; OVIEDO 32765 Property Owner: Donald E. Weaver, Trustee Owner’s Address: 844 Lake Mills; Chuluota, FL 32766 Property Appraiser Parcel I.D.: 03-21-31-300-0090-0000 Property Acreage: 19.1 Property Legal Description: SEC 03 TWP 21 S RGE 31E W ½ OF SW ¼ OF NW ¼ Existing Land Use: Agricultural- Ornamental Nursery Plant Material Existing Zoning: “A-3 Agricultural 3-Acre” (Seminole County) Current Future Land Use: Rural-3 (Seminole County) Proposed Future Land Use: Low Density Residential (Winter Springs) PARCEL ‘D’ Property Address: 1740 DELEON ST; OVIEDO 32765 Property Owner: Cynthia L. Rook Owner’s Address: 1740 DeLeon St.; Oviedo, FL 32765 Property Appraiser Parcel I.D.: 03-21-31-300-007A-0000 Property Acreage: 4.05 Property Legal Description: SEC 03 TWP 21 S RGE 31E N ½ OF NE ¼ OF SW ¼ OF NW ¼ (LESS N 70 FT OF E 330 FT) Existing Land Use: Single Family Homestead Existing Zoning: “A-3 Agricultural 3-Acre” (Seminole County) Current Future Land Use: Rural-3 (Seminole County) Proposed Future Land Use: Low Density Residential (Winter Springs) Chronology of Subject Property – The Rook property has been under the same ownership for more than ten years- The We property has been under the same ownership for more than ¿ª»® twenty years. At one time this property was utilized for the production of water cress. Existing Land Uses – The largest acreage is currently leased to COD trees for the production of ornamental nursery stock and includes a cell tower. One of the parcels contains numerous steel buildings which are leased to various tenants with non-conforming light industrial uses including warehousing, storage and distribution. The Rook property contains a single family residential homestead. Adjacent existing land uses, zoning and FLUM designations include the following: October 4, 2006 Public Hearing Item 200 Page 4 of 10 Existing Land Uses Zoning FLUM Ornamental Nursery Stock Production / A-3 (SC) Rural-3 (SC) Subject Sites Light Manufacturing, & Single Family Homestead North Generally Undeveloped A-3 (SC) Rural-3 (SC) South Generally Undeveloped A-3 (SC) Rural-3 (SC) Light Manufacturing/Agriculture A-3 (SC) Rural-3 (SC) East West Single Family Residential R-1 (WS)Low Density Residntl (WS) (WS) Winter Springs; (SC) Seminole County; Development Trends – This area of the County is experiencing intensive development pressure as evidenced by new development . For this reason, Seminole County ¿´±²¹ ÍÎ ìíì ¿²¼ Ú´±®·¼¿ ߪ»²«» sponsored a referendum, establishing an Urban/Rural Service Boundary as part of the County Charter in 2004. The Boundary borders the subject property on the east, which is also the eastern edge of the City of Winter Springs. [The Boundary restricts land use changes on properties located to the east in the rural area of Seminole County, from land use changes, without the approval of the Board of County Commissioners.] The subject property is not in the area restricted by the Urban/Rural Service Boundary. – Proposed Future Land Use Classification The proposed change in the future land use map designation from Seminole County “Rural-3” to City of Winter Springs “Low Density Residential” is compatible with adjacent land uses in the City of Winter Springs. – Letters/Phone Calls In Favor Or Opposition Several requests for the Agenda Item have been received. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues, which staff analyzed in reviewing this application: Justification for Future Land Use Designation - Although this property was annexed into the City over five years ago, it never received a City of Winter Springs Future Land Use designation. The subject property is adjacent to Barrington Estates which has a (Winter Springs) “Low Density Residential” FLUM classification. The Applicant is requesting the same designation. The proposed Future Land Use Map (FLUM) designation is for a similar density range designation as also found in the surrounding residential areas of Oviedo (including McKinley’s Mill and The Preserve at the Black Hammock [currently under construction]). Therefore, the prevailing character of the immediate area supports this request and continues a density pattern established by the City of Winter Springs and the City of Oviedo in their respective Comprehensive Plans. The transition of these properties from “Rural-3” to “Low Density Residential” is supported by the Seminole County’s Comprehensive Plan in that these properties are on the urban side of the Urban/Rural Service Boundary and therefore do not encroach on the County’s Rural Area. Ы¾´·½ Ú¿½·´·¬·»­æ ROADS/TRAFFIC CIRCULATION: Availability of Access: Access is to the property is currently available from DeLeon Street (a Minor Collector Street), which connects to S.R. 434. (This access is shared with Eagle Bay Wood Products, Inc.) The south edge of the property abuts the undeveloped Florida Avenue R.O.W. The Applicant indicates that the Beacon October 4, 2006 Public Hearing Item 200 Page 5 of 10 St. R.O.W. which connects to S.R. 434 along the west edge of the property is not available as an access due to its narrow width, environmental constraints (wetlands), and having to secure permission for crossing of the CSX Railroad R.O.W. Although access from the site will not be directly off of S.R. 434, it is expected that the majority of traffic to and from the site will connect to S.R. 434. According to the “Transportation Facilities Analysis” report prepared by TPD, Inc., the project consists of 54 single family units on the 26-acre parcel. The report states that only 18 of the 26 acres are usable due to the onsite wetlands. The 54 units generate an estimated 517 daily trips and 55 PM th peak hour trips per the ITE Trip Generation Report, 7 Edition. If the site consisted of 74 single family units, it would generate 708 daily trips and 75 PM peak hour trips. At the City’s request, TPD performed a weekday traffic count at the existing site access driveway off of DeLeon Street. This count showed 146 daily trips and 22 PM peak hour trips. Therefore, the net change in trip generation, based on a 54 unit subdivision, is approximately 371 daily trips and 33 PM peak hour trips. With a 74 unit subdivision, the net change in trip generation is approximately 562 daily trips and 53 PM peak hour trips. TPD’s traffic analysis utilized an FDOT analysis tool called “ARTPLAN” to determine the specific service volumes of S.R. 434 in the site vicinity. ARTPLAN is FDOT’s conceptual planning software for signalized roadways, and it uses average travel speed as the service measure to determine LOS. TPD’s ARTPLAN analysis indicates that S.R. 434 is currently operating at LOS B, and that the roadway would continue to operate at LOS B under the proposed conditions. City Staff believes that ARTPLAN may not be an appropriate analysis tool for S.R. 434 in the vicinity of DeLeon Street because the nearest traffic signals on S.R. 434 are at or more than one mile away from DeLeon Street in both directions (SR 417 to the west and Magnolia Street to the south). Function Classification: The primary traffic concern in the vicinity of the proposed subdivision is the capacity of S.R. 434, which is a two-lane arterial in this area. FDOT has no plans to widen this segment of S.R. 434 in the current work program. Based on the existing traffic volumes measured by Seminole County, S.R. 434 does not meet the City’s minimum level of service (LOS) standard of “D” under both the average daily and PM peak hour conditions when using the FDOT generalized level of service tables. In support of this conclusion, the City of Oviedo’s “Northwest Quadrant Study” prepared by HDR, Inc. in 2005 indicated that S.R. 434 was operating at LOS “F” along the segment between S.R. 417 and DeLeon Street. Improvements/expansions needed as a result of proposed annexation In general, the net traffic volumes generated from the proposed project are considered to be insignificant when compared to the existing volumes on S.R. 434, which has 20,337 daily trips and 939 PM peak hour trips per the Seminole County traffic count data. With a 54 unit subdivision, the net traffic generated creates a 1.8% increase in daily traffic and a 3.5% increase in PM peak hour traffic. With a 74 unit subdivision, the net traffic generated creates a 2.8% increase in daily traffic and a 5.6% increase in PM peak hour traffic. Since S.R. 434 is a state road, FDOT should ultimately decide whether the roadway is currently at or over capacity, and whether the proposed change in land use generates enough traffic to have a significant impact on the LOS. October 4, 2006 Public Hearing Item 200 Page 6 of 10 POTABLE WATER: The subject property is not currently served by the City of Winter Springs for potable water. A 12” service line extends on the north side of State Road 434 along the Barrington Estates frontage. A water line also extends from Westcott Loop and Wrentham Ct. through Barrington Estates to the west property line of the subject property. This line is not adequately sized to support connection. Tie in would need to connect at the 8” Westcott Loop/Wrentham Ct. water main or at S.R. 434 . Available capacity exists to serve the proposed development. WASTEWATER Current uses within the property area are served by private septic systems for wastewater services. When developed, the subject properties will connect to City sewer service, which is currently available along State Road 434 and within Barrington Estates. Available capacity exists to serve the proposed development. Septic tanks of any type will be expressly prohibited from within the development. RECLAIMED WATER: There are no plans to extend reuse water lines to serve the subject property. ELECTRIC SERVICE: The City of Winter Springs is serviced by Progress Energy for electric service. SOLID WASTE: The City of Winter Springs currently has an exclusive franchise agreement with a solid waste hauler, Waste Pro of Florida, Inc. who will provide service to this area. STORMWATER MANAGEMENT: The property will be subject to the Florida Dept of Environmental Protection Outstanding Waters Program standards for stormwater management as required for Barrington Estates. RECREATION & OPEN SPACE: The development will be required to meet concurrency standards for park and recreational facilities as required by the Comprehensive Plan Recreation and Open Space Element. POLICE: Under the First Response Agreement between the cities and the County, the closest entity will service the subject property. It is likely that the Oviedo Police would be the first responders. FIRE: Under the First Response Agreement between the cities and the County, the closest entity will service the subject property. A Fire Station is currently housed in City Hall, approximately four miles from the subject property. Emergency Service Response Time is less than five minutes. – Ò«·­¿²½» ᬻ²¬·¿´ Ѻ Ю±°±­»¼ Ë­» ̱ Í«®®±«²¼·²¹ Ô¿²¼ Ë­»­ The change in designation from (Seminole County) “Rural-3” to (City of Winter Springs) “Low Density Residential” and subsequent development of the properties into single family detached residential lots will not result in any nuisance potential for the surrounding properties. The proposed use and density is similar to the developed properties west of the subject property. Properties to the north, south and east are generally undeveloped. October 4, 2006 Public Hearing Item 200 Page 7 of 10 The Applicant has indicated that the Weaver property will be developed with a minimum lot width of seventy-five (75) feet to accommodate as many as 58 custom homes. The existing non-conforming industrial uses on the subject property will be removed. [One light industrial use will remain, Eagle Bay Wood Products, Inc., which is located on an adjacent parcel that is not part of this land use amendment. This business has an access easement on Cress Run from DeLeon St.] The proposed residential development is proposed to be a gated community and will buffer itself from the industrial use. The Rook parcel (north of the Weaver parcels) is not expected to be developed at this time, but under this land use designation might accommodate an additional 14 homes for a total of 72 single family residences. Ò¿¬«®¿´ λ­±«®½»­ ݱ³°¿¬·¾·´·¬§ ? The properties under consideration include environmentally sensitive areas. The Applicant has indicated that approximately 30% of the Weaver property is constrained. Wetland constraints result in reducing the overall density of the subject property, given that the Applicant has indicated that developed lots will be at least 75-feet wide. The development will be required to comply with the SJRWMD requirements related to wetland mitigation and will be required (by Winter Springs) to include a 25’ upland wetland buffer to any Wetland portions of the property will be conveyed to a wetlands not being mitigated. responsible public or private non-profit environment agency acceptable to the City. SOILS The dominant soils on the subject property are Basinger/Delray fine sands which are characterized as being nearly level and poorly drained and very poorly drained. These soils are poorly suited to use for homesites and other urban development due to wetness. To overcome wetness, a water control system will be needed to provide for subsurface drainage and to remove excess surface water. Fill material will be required to be added to make the site suitable for urban purposes. FLOOD PRONE AREAS Flood Plain Maps indicate that the area adjacent to the DeLeon Street and Cress Run lies within the flood plain. No residential structures will be placed within the flood plain. HISTORIC RESOURCES None. WILDLIFE An environmental analysis will be required to identify if any listed species are located on the site and appropriate permits must be obtained before any removal takes place. CONSISTENCY WITH THE COMPREHENSIVE PLAN Consistency with the Comprehensive Plan is determined when the land uses, densities, or intensities, capacity or size, timing and other aspects are compatible with and further the objectives, policies, land uses and densities or intensities in the comprehensive plan. Need for Residential Land The Comprehensive Plan indicates that a substantial amount of new housing units will be needed from 2000 to 2010 to serve City residents. The City’s Housing Element, Policy 1.1.1 states, “The City’s Future Land Use Map shall include adequate amounts of land to accommodate the projected housing growth.” Changing the future land use designation to “Low Density Residential” furthers the intent of the Future Land Use Element for increased residential property in the City. October 4, 2006 Public Hearing Item 200 Page 8 of 10 Recently, the City adopted an Annexation Boundary into its Code and is adding similar language into the Comprehensive Plan that limits the expansion of the City’s boundary to the east. Such action will limit lands available for development and will encourage infill development. The “Low Density Residential” classification includes up to 3.5 units per gross acre. The Applicant has indicated that he will enter into a Development Agreement restricting the maximum number of lots to no more than 58 on the Weaver property. An additional 14 units could be accommodated on the Rook property (at this density), for a total of 72 maximum units. Land Use Compatibility and Neighborhood Buffering Future Land Use Element, Objective 1.5. Land Use Compatibility, states, “Future development must be consistent with the adopted Future Land Use Map and existing incompatible uses shall not be allowed to expand and shall be eliminated, when feasible” and Future Land Use Element, Policy 1.5.1: Inconsistencies, states: “Proposed land use amendments which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City.” The removal of the non-conforming industrial uses currently existing on this property will further this objective of the Comprehensive Plan. Where incompatible uses exist, neighborhood buffering is required. Housing Element, Policy 2.2.7: states, “The City shall continue to require, through the City Code, adequate buffering and screening of residential neighborhoods from incompatible uses, which could adversely impact existing neighborhoods. Landscape buffering and transitional uses shall be utilized to further this policy,” and Future Land Use Element, Policy 1.5.7 states, “The City shall maintain a landscape ordinance that requires adequate buffering between incompatible uses.” The Comprehensive Plan further states, “Light industrial uses may be located adjacent to urban scale residential land use categories only if appropriate transitioning and buffers are provided per the Code of Ordinances.” As previously stated the new development will be buffered from the one remaining industrial use, Eagle Bay Wood Products, Inc., located at 203 Cress Run. Wetland Buffers Conservation Element, Policy 1.4.2 states, “In order to prevent development from having adverse impacts to existing wetlands, the natural upland buffer shall be preserved a minimum of twenty-five (25) feet from the edge of the wetland. Where a wetland is unavoidable impacted by development, the development will be subject to the mitigation requirements of the pertinent regulatory agency.” The development will be required to provide this buffer to wetlands. Intergovernmental Coordination The Comprehensive Plan Intergovernmental Element clearly states that the City is to coordinate and promote land use compatibility with other governmental entities as plans are reviewed (Future Land Use Element, Objective 1.7 and Policy 1.7.1). City Staff has met with County Staff to review the project, and intergovernmental notices of the public hearings were given to the Seminole County School Board, Seminole County, and the City of Oviedo. No formal response was been received either in support or objecting to the requested change in land use. Transportation Element Transportation Element Objective 1.7 states, “Throughout the planning period, the City shall coordinate the transportation system needs with land use designations and ensure that existing and proposed population densities, housing, and employment patterns and land uses are consistent with the transportation modes and services proposed for these areas” and Objective 1.9 states, “Traffic circulation planning will be coordinated with… transportation related agencies.” October 4, 2006 Public Hearing Item 200 Page 9 of 10 As stated in the analysis, the net traffic volumes generated from the proposed project are considered to be insignificant when compared to the existing volumes on S.R. 434. However, the City of Winter Springs recognizes that the since S.R. 434 is a state road, FDOT should ultimately decide whether the roadway is currently at or over capacity, and whether the proposed change in land use generates enough traffic to have a significant impact on the LOS. FINDINGS: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region; The proposed low density single family development will increase tax revenue generated for the City on what is primarily vacant land. (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities; The inclusion of an additional 72 single family residential units will not reduce the current operating capacities or LOS for public facilities in the City. (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; The proposed use is expected to have a favorable impact on the environment by providing stormwater management for a site that currently has none and that has historically had uses that may have contributed to stormwater contamination. Stormwater will be subject to the Florida Dept of Environmental Protection Outstanding Waters Program standards for stormwater management. Additionally, flood plains and wetlands will be preserved. Staff is not aware of any known historical resources in the area of the proposed park. (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; The proposed amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is not longer required as this rule was repealed. (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; The City is able to provide adequate service to the development without burdening the City’s public facilities. (6) Whether the amendment is compatible with surrounding neighborhoods and land use; The change of the Future Land Use Map designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. (7) Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; October 4, 2006 Public Hearing Item 200 Page 10 of 10 The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan and furthers the consistency of the Comprehensive Plan. (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and The change in land use promotes the public health, safety, welfare, economic order, and aesthetics of the immediate area and is in conformance with the purpose and intent of the City Code and with all applicable requirements. (9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of the Florida Administrative Code. STAFF RECOMMENDATION: Staff recommends that the Local Planning Agency hold a Public Hearing and recommend Approval to the City Commission for First Reading/Transmittal Hearing and Adoption of Ordinance 2006-13, a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of four (4) parcels, containing 29.3 acres, more or less, located at Cress Run (between Barrington Estates and DeLeon Street) from (Seminole County) “Rural-3” to (City of Winter Springs) “Low Density Residential”. IMPLEMENTATION SCHEDULE: st Oct. 12, 2006- Public Noticing in Orlando Sentinel of Public Hearing for 1 Reading Oct. 23, 2006- Transmittal Hearing for Large Scale Comprehensive Plan Text Amendment to the Future Land Use Element (Ordinance 2006-13) Oct. 30, 2006- Transmittal to DCA and other agencies Jan. 22, 2006- Anticipated Adoption (tentative) ATTACHMENTS : A-Current Future Land Use Map, August 2006 B-Ordinance 2006-13with Exhibit A (Map & Legal Description) LOCAL PLANNING AGENCY ACTION: LEGEND BLACKSTONE SUBDIVISION PRESENT FUTURE LAND USE MAP 3 B ORDINANCE NO. 2006-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CPA-07-01, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS FOUR (4) PARCELS OF LAND, CONTAINING 29.3 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT ?A,? ATTACHED HERETO, FROM SEMINOLE COUNTY ?RURAL-3? TO CITY OF WINTER SPRINGS ?LOW DENSITY RESIDENTIAL?; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS , section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS , sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established 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 Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-07-01) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, on October 23, 2006, the City Commission held a public hearing on the proposed amendment and approved transmittal of the future land use map amendment of the subject City of Winter Springs Ordinance No. 2006-13 Page 1 of 3 property to the Florida Department of Community Affairs (DCA); and WHEREAS , the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1.Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2.Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184 and 163.3187, Florida Statutes. Section 3.Purpose and Intent. The purpose and intent of this Ordinance are to adopt the large scale comprehensive plan amendment (LS-CPA-07-01) designating the subject property from Seminole County ?Rural-3? to City of Winter Springs ?Low Density Residential.? 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 Exhibit ?A? property, depicted in as Seminole County ?Rural-3? to City of Winter Springs ?Low Exhibit ?A? Density Residential.? 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, 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 of Winter Springs City Commission, or parts of 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.Effective Date and Legal Status of the Plan Amendment. The effective date of City of Winter Springs Ordinance No. 2006-13 Page 2 of 3 the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. 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 amendment 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. BushMayor , ATTEST: _______________________________ Andrea Lorenzo-LuacesCity 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. 2006-13 Page 3 of 3 ORDINANCE 2006-13 EXHIBIT 'A'