HomeMy WebLinkAbout2006 10 04 Public Hearing 201 Jetta Pointe FLUM to Recreation Open Space COLOCAL PLANNING AGENCY AGENDA
ITEM 201
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 2006-14, a Large Scale Comprehensive Plan
Amendment (referenced as LS-CPA-07-02) which changes the Future Land Use Map designation of
nineteen (19) parcels containing 37.08acres, more or less, located immediately west of the Central
Florida Greeneway at SR 434 and Jetta Point from (Winter Springs) “Commercial” and (Winter
Springs) “Medium Density Residential” to (Winter Springs) “Recreation and Open Space”.
__________________________________________________________________________
PURPOSE:
The City of Winter Springs is administratively initiating this request so that the
existing vacant property can be developed into a county park.
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 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.
October 4, 2006
Public Hearing Item 201
Page 2 of 9
CHRONOLOGY:
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. 2, 2006- City-County Workshop with adjacent neighborhood associations and property owners
Oct. 4, 2006- LPA to hear the request and make recommendation re: Ord. 2006-14
CONSIDERATIONS:
Applicant – City of Winter Springs
Owner(s) – Seminole County Board of County Commissioners
Location – SW corner of SR 434 & Greeneway at Jetta Point Road and adjacent
to the Cross Seminole Trail
37.08 acres, more or less.
Subject Properties – Ninteen (19) parcels, totaling
[Note-
The park also includes two parcels that are not part of this request, which are within the City of
Oviedo (parcel ID#’s: 09-21-31-300-009E-0000 and 09-21-31-300-009F-0000). The total park acreage
is 44.75 acres, more or less.]
–
Legal Description See Attachment B.
Future Land Use –
The following seventeen (17) parcels, totaling 33.07 acres, more or less, currently have a Future Land
Use classification of (Winter Springs) Commercial:
05-21-31-300-002A-0000 04-21-31-300-002T-0000 04-21-31-300-0350-0000
04-21-31-300-0020-0000 04-21-31-300-0320-0000 04-21-31-300-002V-0000
04-21-31-300-002F-0000 04-21-31-300-002D-0000 04-21-31-300-002Q-0000
04-21-31-300-0310-0000 04-21-31-300-002C-0000 04-21-31-300-002W-0000
04-21-31-300-002G-0000 04-21-31-300-002K-0000 04-21-31-300-002P-0000
04-21-31-300-002Y-0000 04-21-31-300-002X-0000
The following two (2) parcels, totaling 4.01 acres, more or less, currently have a Future Land Use
classification of (Winter Springs) Medium Density Residential:
31-20-31-5BB-0000-0240 05-21-31-300-002B-0000
–
Zoning
The following sixteen parcels (16) parcels, totaling 22.67 acres, more or less, have a (Winter Springs)
“C-1 Neighborhood Commercial” zoning classification:
04-21-31-300-002X-0000 04-21-31-300-002T-0000 04-21-31-300-0350-0000
04-21-31-300-0020-0000 04-21-31-300-0320-0000 04-21-31-300-002V-0000
04-21-31-300-002F-0000 04-21-31-300-002D-0000 04-21-31-300-002Q-0000
04-21-31-300-0310-0000 04-21-31-300-002C-0000 04-21-31-300-002W-0000
04-21-31-300-002G-0000 04-21-31-300-002K-0000 04-21-31-300-002P-0000
04-21-31-300-002Y-0000
The following three parcels (3) parcels, totaling 14.41 acres, more or less, have a (Winter Springs)
“PUD Planned Unit Development” zoning classification as part of theTuscawilla PUD:
31-20-31-5BB-0000-0240 05-21-31-300-002B-0000 05-21-31-300-002A-0000
– Most of the parcels are vacant and undeveloped. The area was used as a debris
Existing Land Uses
collection and chipping site after the 2004 hurricanes. One parcel [04-21-31-300-002F-0000] was
previously used for a single family residence.
Chronology of Subject Property – Seminole County purchased the majority of the parcels in May 2002,
just after the Cross Seminole Trail opened. The remaining three parcels were purchased in June 2005.
October 4, 2006
Public Hearing Item 201
Page 3 of 9
[One final parcel remains under private ownership which is not included in the amendment (04-21-31-
300-002E-0000).]
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Vacant C-1 (WS)& Commercial (WS) &
Subject Sites
PUD (WS) Medium Density Residential (WS)
North Vacant/Grazing GID (WS) Greeneway Intechange District (WS)
Single Family Residential R-1 (OV); Low Density Residential (OV);
South
PUD (WS) & Low Density Residential (WS) &
RC-1 (WS) Public/Semi-Public (WS)
Vacant &C-1 (WS) & Commercial (WS) &
East
Single Family Residential R-1 (OV) Low Density Residential (OV)
West Single Family Residential PUD (WS) Commercial (WS) &
Medium Density Residential (WS)
(WS) Winter Springs; (SC) Seminole County;
Development Trends – The majority of development surrounding the subject property is single family
residential. The new Vistawilla Office Center, a three-story professional office development is
currently under construction and is located adjacent to the northwest portion of the property and shares
its entrance off of SR 434 with the proposed park. The Cross Seminole Trail and Black Hammock
Trailhead are adjacent to the site and opened in March 2002. [
The Black Hammock Trailhead includes parking, picnic area,
and restrooms.]
–
Proposed Future Land Use ClassificationThe proposed change in the future land use map designation
from City of Winter Springs “Commercial” and City of Winter Springs “Medium Density Residential”
to City of Winter Springs “Recreation and Open Space” is compatible with adjacent land uses and
zoning.
–
Letters/Phone Calls In Favor Or OppositionStaff has received inquiries as to the location of the
proposed park.
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
to Recreation and Open Space was determined by evaluating the prevailing character of the immediate
area, the future goals and objectives of the City as expressed through the Comprehensive Plan, and the
use of the property as a county park. The change of land use is appropriate given that the land is
intended to be placed in perpetuity for public recreational purposes. [Lands identified in the Park and
Recreation Element as “Parks” shall perpetually be held in public ownership for recreation purposes
(Park and Recreation Element, Policy 1.1.9).]
October 4, 2006
Public Hearing Item 201
Page 4 of 9
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
Availability of Access:
Jetta Point Park is expected to serve four to six neighborhoods that have residents within a radius of up
to three (3) miles. As such it is expected as a County Park, (ITE Code 412) to generate most of its
traffic on Saturdays (543 daily trips) and on Sundays (185 trips). Peak hour, weekday trip generation
is insignificant, based on the ITE. The traffic impacts will be significantly less than the impacts
associated with a commercial development.
Jetta Point Park’s location adjacent to S.R. 434 (which is a major arterial), the Central Florida
Greeneway, and the Cross Seminole Trail will afford easy regional access to motorists, cyclists and
pedestrians from the cities of Winter Springs and Oviedo and other parts of the County.
Jetta Point Park will be accessed from S.R. 434 at the Vistawilla Office Center entrance which also
serves as the access point for the Black Hammock Trailhead. An existing median cut on S.R. 434
allows access to both east and west bound traffic off of S.R. 434. An additional access is available from
Vistawilla Drive through the Vistawilla Professional Office Center parking lot, which will allow west
bound traffic to exit onto Vistawilla and go westbound at the lighted intersection.
Improvements/expansions needed as a result of proposed annexation
No improvements to S.R. 434 are anticipated.
Function Classification:
The existing LOS for this segment of S.R. 434 (Tuskawilla to the Greeneway) is Level “B” (Source:
Transportation Element, 2004 data). The additional traffic generated by the proposed park will not
cause the LOS to fail.
POTABLE WATER:
The subject property is not currently served by the City of Winter Springs for potable water, although a
1” PVC service line extends to the property from Eagle’s Watch Subdivision. When the park is
developed, the subject properties will connect to City potable water service. The City has available
capacity to serve the proposed park.
WASTEWATER
The Cross Seminole Trailhead restrooms are currently served by a 4” PVC Wastewater Gravity Fed line
extending to the property from Eagle’s Watch Subdivision. An 8” HDPE Force Mainline also extends
from the Vistawilla Office Center to the property, providing several options as points of connection.
When developed, the subject properties will connect to City wastewater service. The City has available
capacity at the East WRF to serve the proposed development.
RECLAIMED WATER:
There is insufficient reclaimed water capacity at this time to provide enough irrigation for the park. The
Applicant has indicated that on-site irrigation wells would be utilized until such time as reclaimed water
is available.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service.
October 4, 2006
Public Hearing Item 201
Page 5 of 9
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 City of Winter Springs stormwater utility program. An 18” RCP
line runs along State Road 434 on the south side. On-site stormwater treatment and abatement will be
required consistent with City and SJRWMD regulations. The project must meet Section 9-241 City
code requirements. Post development run-off can not exceed pre-development run-off using a 225-
year, 24 hour storm event for design. There must be a clear recorded easement for the infrastructure.
The easement must be definitive for maintenance of structural facilities.
RECREATION & OPEN SPACE:
Additional park space will improve the City’s current LOS standards and is expected to serve residents
within a radius of up to three (3) miles. The park will include both passive and active recreation
opportunities. The Conceptual Site Plan, dated July 14, 2006, illustrates four (4) lighted multi-purpose
fields with buffered to the west by a landscaped berm, a destination (shaded) playground, tot-lot with
pavilion, 1500 SF restroom/concession building, 1500 SF office building, 3000 SF (2-story)
restroom/concession/office building, four (4) lighted fast pitch softball fields (at the center of the
property), 12’ wide hiking trails, picnic pavilions, area for open field/play, parking, and a maintenance
facility. There is also a grassed equestrian parking area located at the south east corner of the property
in the area under Oviedo’s jurisdiction.
POLICE:
The City’s nearest police station is located at Moss Road and S.R. 434. Emergency Service Response
Time is 3.5 minutes, with a response time under normal conditions at approximately five (5) minutes.
FIRE:
Both Fire Station 26 (located on Northern Way in Tuscawilla) and Fire Station 28 (located at City Hall)
are similar distances from the proposed park.Under the First Response Agreement between the City
and the County, the closest entity will service the subject property. Emergency Service Response Time
is 3.5 minutes.
Nuisance Potential Of Proposed Use To Surrounding Land Uses
–The change in designation
from (City of Winter Springs) “Commercial” and (City of Winter Springs) “Medium Density
Residential” to (City of Winter Springs) “Recreation and Open Space” will be more compatible with the
surrounding residential areas than the current “Commercial” and “Medium Density Residential”
designations. The subject property borders two residential areas in the City of Winter Springs: Eagle’s
Watch Phase 2 (to the west) and Tuscawilla Unti 14A (to the south). The proposed park will provide
adjacent neighborhoods with easy access to recreational facilities and ensure the protection of wetlands
and green space.
The proposed park concept plan demonstrates that the site is sufficiently large to accommodate the
planned facilities, multi-modal site access, internal circulation, and design enhancements to serve the
general public and protect adjacent property owners from encroachment. The City is coordinating with
Seminole County related to the design of the park to ensure that the location of active use areas and
lighted ballfields are compatible and harmonious to adjacent neighborhoods. Residents will have
opportunity to understand what facilities are being proposed by the County and to voice any concerns
related to the park’s compatibility with the adjacent neighborhoods, at a joint City-County Public
Workshop on Oct. 2, 2006. The majority of the parking is located along the eastern property lines so
that the parking areas serve as a buffer between the park and the Central Florida Greeneway.
October 4, 2006
Public Hearing Item 201
Page 6 of 9
The City’s Comprehensive Plan requires that the lighting of active use areas must not have a negative
impact to adjacent residential neighborhoods (see Policy 1.4.2 of the Recreation and Open Space
Element). The parking lot and pathway lighting shall use a conservative architectural 400 watt metal
halide lighting fixture mounted on a tapered concrete pole of varying heights to prevent light spillage.
The closest multi-purpose lighted ballfield is located approximately 200 feet from the closest homes in
Eagle’s Watch Phase 2. Lights will be designed to prevent spillage onto adjacent properties and will be
provided at 30/50 foot candles. Ballfields will be metered and ignited separately based upon need. A
landscaped berm will help buffer the lighted multi-use fields from the adjacent residents as well as
deflect noise. Details on the height of the berm or photometrics of the lighting have not been provided.
Dialog with the County will help ensure that the design of the park is developed in a way that is an asset
to the City.
Natural Lands Compatibility
–
The subject property includes some environmentally sensitive
areas. The Conceptual Site Plan illustrates preserved wetland areas, open spaces, and areas with
massing of vegetation. The Applicant indicates that one-quarter of the property is dedicated to
conservation. The park 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
wetlands not being mitigated. Of the 44.75 total acres, only 4.7 acres are expected to be impervious.
SOILS
The dominant soils in the proposed development areas of the park are Paola/St. Lucie soils which are
characterized as being excessively drained Less intensive development areas are located on areas with
Myakka/EauGallie soils which are poorly drained.
FLOOD PRONE AREAS
No portion of the area under consideration lies within a flood prone area.
HISTORIC RESOURCES
None known or anticipated.
WILDLIFE
Unknown. Prior to Final Engineering approval, the applicant will be required to submit a study to
indicate if there are any species of special concern.
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.
Changing the future land use designation to “Recreation and Open Space” furthers the intent of the
Recreation and Open Space Element and maintains consistency within the Comprehensive Plan for
public recreational areas in the City.
Need for Additional Recreational Land
This area of Winter Springs is identified in the Winter Springs Comprehensive Plan Recreation and
Open Space Element as an area of the City in need of a park (Map VI- 1: Target Areas for New Parks),
and the change of land use is appropriate given that the land is intended to be placed in perpetuity for
public recreational purposes. [Lands identified in the Park and Recreation Element as “Parks” shall
perpetually be held in public ownership for recreation purposes (Park and Recreation Element, Policy
1.1.9).] The development of additional lands for recreation and open space purposes improves the
quality of life of the residents of Winter Springs and increases the LOS standards above the standard.
October 4, 2006
Public Hearing Item 201
Page 7 of 9
Policy 1.1.3 states that the City shall assure adequate public access to resource based recreation
facilities and that such access shall be no further than three (3) miles from ninety-five percent (95%) of
City residences. The proposed park is strategically located to serve the City of Winter Springs as well
as the City of Oviedo.
Intergovernmental Coordination
Coordination of the park development and change of land use furthers the City’s goal of increased
intergovernmental coordination between Seminole County and the City of Winter Springs and the
location of a county park within the City. (Recreation and Open Space Element, Policy 1.6.4)
Recreation and Open Space Element Objective 1.7 states that the City will coordinate with other entities
in the provision of recreational facilities.
Land Use Compatibility and Neighborhood Buffering
Policy 1.5.1, requires proposed land use amendments to be consistent with the character of the adjacent
community. Buffering is encouraged where incompatible uses exist. Recreational uses are considered
a compatible use adjacent to residential land uses. However, areas with intense use can create an
incompatible relationship to single family homes. The City’s Comprehensive Plan requires that the
lighting of active use areas must not have a negative impact to adjacent residential neighborhoods (see
Policy 1.4.2 of the Recreation and Open Space Element).
The Conceptual Site Plan for Jetta Point Park illustrates the location of intensely used areas (such as
lighted ballfields, parking lots, and streets) as buffered from the residential properties.
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;
Although the proposed amendment will allow the development of the property without adding to the ad
valorem tax base, it is anticipated that the development of the park will have a positive economic
impact to the City by improving the value of the adjacent residential communities, without increasing
the need for public services.
(2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities;
The amendment will increase the Level of Service (LOS) for Parks and Recreation 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;
Staff is not aware of any known historical resources in the area of the proposed park. The proposed use
is expected to have a favorable impact on the environment by protecting existing wildlife habitat,
vegetation and wetlands, vegetation, wildlife habitor the natural resources of the City; Part of the
review of any proposed development will include an environmental study. The Applicant indicates that
the project will be designed to preserve as much of the natural vegetation as possible.
(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
October 4, 2006
Public Hearing Item 201
Page 8 of 9
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, as long as the noise and lighting concerns are
appropriately addressed.
(7) Whether approval of the amendment will cause the comprehensive plan to be internally
inconsistent;
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 2006-14, a
Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of
nineteen (19) parcels, containing 39.08 acres, more or less, located at Jetta Point (southwest corner of
S.R. 434 and the Central Florida Greeneway) from “Commercial” and “Medium Density Residential” to
“Recreation and Open Space”.
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 2006-16)
Oct. 30, 2006- Transmittal to DCA and other agencies
Jan. 22, 2006- Anticipated Adoption (tentative)
October 4, 2006
Public Hearing Item 201
Page 9 of 9
ATTACHMENTS
:
A-Current Future Land Use Map, August 2006
B-Conceptual Site Plan, July 2006
C-Ordinance 2006-13with Exhibit A (Map & Legal Description)
LOCAL PLANNING AGENCY ACTION:
WINTER SPRINGS FUTURE LAND USE MAP
JETTA POINT
SR 419 & SR 434
JETTA POINT PARK
CONCEPTUAL SITE PLAN
ORDINANCE NO. 2006-14
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-07-02, 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 NINETEEN (19) PARCELS OF LAND, CONTAINING 37.08
GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ON
JETTA POINT ROAD ON THE SOUTHWEST CORNER OF STATE ROAD
434 AND THE GREENWAY, MORE PARTICULARLY AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT ?A,? ATTACHED HERETO, FROM
WINTER SPRINGS ?COMMERCIAL? OR ?MEDIUM DENSITY
RESIDENTIAL?TO CITY OF WINTER SPRINGS ?RECREATION AND
OPEN SPACE?; 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-07-02) 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
City of Winter Springs
Ordinance No. 2006-14
Page 1 of 3
proposed amendment and approved transmittal of the future land use map amendment of the subject
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-07-02) designating the subject property from Winter
Springs ?Commercial? or ?Medium Density Residential? to City of Winter Springs ?Recreation and
Open Space.?
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 Winter Springs ?Commercial? or ?Medium Density
Exhibit ?A?
Residential? to City of Winter Springs ?Recreation and Open Space*.? is attached
hereto and fully incorporated herein by this reference.
Section 5.Transmittal to the Department of Community Affairs.
The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted comprehensive plan
amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
Section 6.Repeal of Prior Inconsistent Ordinances and Resolutions.
All prior inconsistent
ordinances and resolutions adopted by the City 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
City of Winter Springs
Ordinance No. 2006-14
Page 2 of 3
remaining portions of this Ordinance.
Section 8.Effective Date and Legal Status of the Plan Amendment.
The effective date of
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. 2006-14
Page 3 of 3
ORDINANCE 2006-14
EXHIBIT 'A'
JETTA POINT