HomeMy WebLinkAbout2005 04 05 Public Hearings 400 Ordinance 2005-07 Large Scale Comprehensive Plan AmendmentLOCAL PLANNING AGENCY AGENDA
ITEM 400
Apri15, 2005
Meeting
Consent
Information
Public Hearin X
Re ular
REQUEST:
The Community Development Department -Planning Division requests that the Local Planning
Agency hold a Public Hearing to consider Ordinance 2005-07, a Large Scale Comprehensive
Plan Amendment, referenced as LS-CPA-OS-OS which changes the Future Land Use Map
designation from "Office" (Seminole County) and "Commercial" (Seminole County) to "Town
Center District" (Winter Springs) for five (5) parcels containing 10.65 acres, more or less,
located on the south side of SR 434, at the intersection of Tuskawilla Road.
PURPOSE:
This is an administrative request for a Large Scale FLUM Amendment, changing the Future
Land Use Map designation for five (5) parcels along SR 434 that were annexed involuntarily
into the City on October 24, 2005.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (41: 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
ct,~
Apri15, 2005
Public Hearing Item 400
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.
CHRONOLOGY:
Oct. 25, 2004- Property annexed into Winter Springs, Ordinance 2004-39
Mar. 23, 2005- Adjacent property owners within 150' notified by Certified Mail
Mar. 24, 2005- Public Noticing in Orlando Sentinel of LPA Public Hearing
Apr. 5, 2005- LPA to hear the request and make recommendation re: Ord. 2005-07.
CONSIDERATIONS:
Applicant - City of Winter Springs
Owner- Robbie R & Edward R Ondick
Location - On the south side of SR 434, at the intersection of Tuskawilla Road.
Site Information - The following two (2) parcels currently have a (Seminole County)
"Office" future land use and are being considered for this future land use change to (City
of Winter Springs )"Town Center District":
36-20-30-502-0000-0070 Seminole Co. "Office"
36-20-30-502-0000-0080 Seminole Co. "Office"
The following three (3) parcels currently have a (Seminole County) "Commercial" future
land use and are being considered for this future land use change to (City of Winter
Springs) "Town Center District":
26-20-30-5AR-OA00-008F Sem.Co."Commercial"
36-20-30-502-0000-009A Sem.Co."Commercial"
36-20-30-502-0000-0090 Sem.Co."Commercial"
Total Acreage- 10.65 acres, more or less (This acreage is taken from the Metes and
Bounds description prepared for the Annexation and Annexation Study Report.
Although this acreage varies from the property appraiser's acreage, the property owner
has indicated it to be correct.
PARCEL `A'
Property Address: SR 434- No Physical Address
Property Owner: Robbie R & Edward R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-0070
Property Appraiser Acreage: 121,532 SF (Property Appraiser's acreage)
Property Legal D Property Legal Description: LEG LOT 7 JOE E. JOHNSTONS
SURVEY DB. 147 PG. 221
Existing Land Use: Vacant
Existing Zoning: "A-1 Agricultural 1-Acre"
Current Future Land Use: Office (Seminole County)
Proposed Future Land Use: Town Center District (Winter Springs)
Page 2
April 5, 2005
Public Hearing Item 400
PARCEL `B'
Property Address: SR 434- No Physical Address
E Winter Springs, FL 32708
Property Owner: Robbie R & Edward R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-0080
Property Appraiser Acreage: 116,741 SF (Property Appraiser's acreage)
Property Legal Description: LEG LOT 8 (LESS RDS) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Existing Land Use: Vacant
Existing Zoning: "A-1 Agricultural 1-Acre"
Current Future Land Use: Office (Seminole County)
Proposed Future Land Use: Town Center District (Winter Springs)
PARCEL `C'
Property Address: 170 Tuskawilla Road
E Winter Springs, FL 32708
Property Owner: Robbie R & Edward R Ondick CO-TRS
c/o Handy Way
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-0090
Property Appraiser Acreage: 23,089 SF (Property Appraiser's acreage)
Property Legal Description: LEG PT OF LOT 9 DESC AS BEG 243.48 FT N 14
DEG 3 MIN53 SEC E OF SE COR RUN N 57 DEG
4 MIN 48 SEC W 106.51 FT N 38 DEG 45 MIN W
165 FT N 51 DEG 15 MINE 153 FT S 38 DEG 45
MINE 186 FT S 14 DEG 3 MIN 53 SEC W 150 FT
TO BEG & W '/: OF VACD ST ADJ ONE (LESS
RD) JOE E JOHNSTONS SURVEY DB 147 PG 221
Existing Land Use: Pinch A Penny Pool Supplies- Commercial Use
Existing Zoning: "A-1 Agricultural 1-Acre"
Current Future Land Use: Commercial (Seminole County)
Proposed Future Land Use: Town Center District (Winter Springs)
PARCEL `D'
Property Address: Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Property Owner: Robbie R & Edward R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-009A
Property Appraiser Acreage: 119,079 SF (Property Appraiser's acreage)
Property Legal Description: LEG LOT 9 (LESS BEG 243.48 FT N 14 DEG 3
MIN 53 SEC E OF SE COR RUN N 57 DEG 4 MIN
48 SEC W 106.51 FT N 38 DEG 45 MIN W 165 FT
N 51 DEG 15 MINE 153 FT S 38 DEG 45 MIN E
186 FT S 14 DEG 3 MIN 53 SEC W 150 FT TO
BEG) JOE E JOHNSTONS SURVEY DB 147 PG
221
Existing Land Use: Vacant
Existing Zoning: "A-1 Agricultural 1-Acre"
Current Future Land Use: Commercial (Seminole County)
Proposed Future Land Use: Town Center District (Winter Springs)
Page 3
Apri15, 2005
Public Hearing Item 400
PARCEL `E'
Property Address: Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Property Owner: Robbie R & Edwazd R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 26-20-30-5AR-OA00-008F
Property Appraiser Acreage: 2,100 SF (Property Appraiser's acreage)
Property Legal Description: LEG PT OF LOT 8 N OF TUSKAWILLA SUBD
WLY OF TUSKAWILLA RD & SWLY OF SR434
& E %Z OF VACD ST ADJ ON W BLK A, D R
MITCHELLS SURVEY OF THE LEVY GRANT
PB 1 PG 5
Existing Land Use: Vacant
Existing Zoning: "A-1 Agricultural 1-Acre"
Current Future Land Use: Commercial (Seminole County)
Proposed Future Land Use: Town Center District (Winter Springs)
ChronoloQ;y of Subject Property -The parcels were involuntarily annexed into the city on
Oct. 25, 2004.
Existing Land Uses -All of the parcels are vacant and undeveloped except for the corner
parcel where a commercial structure was built in 1982 and is currently leased to Pinch-A-
Penny Pool Supplies.
Adjacent existing land uses, zoning and FLUM designations include the following:
Subject Sites Commercial RetaiU Vacant A-1 (SC) Commercial (SC) &
Office SC
North Town Center District T-C (WS) Town Center District (WS)
-South .. __..._...._......_. _-.__.._.._.____.__...._......___...-...._..._....._........._....._..._.__. _..__.._..._-.----..__.-...__._.._.._._.____..._.___.-._._.~.___.~ . ______.____
Medium Density Residential R-T (WS) Medium Density Residential
(WS)
East Gas Station T-C (WS) Town Center District (WS)
WOSt Vacant (in process of being T-C (WS) Town Center District (WS)
developed in Townhomesl
(WS) Winter Springs; (SC) Seminole County;
Development Trends -The development pattern within and surrounding the properties
are primarily urban in form and intensity, being part of the Winter Springs Town Center.
The Town Center designation incorporates a mix of uses developed in the neo-traditional
manner. The underdeveloped properties are expected to develop in a pattern consistent
with the Town Center District.
Proposed Future Land Use Classification -The proposed change in the future land use
map designation from Seminole County "Office" and Seminole County "Commercial" to
City of Winter Springs "Town Center District" is compatible with adjacent land uses and
consistent with the mixed use environment promoted within the Town Center.
Page 4
April 5, 2005
Public Hearing Item 400
Letters/Phone Calls In Favor Or Opposition - None as of March 17, 2005.
Page 5
Apri15, 2005
Public Hearing Item 400
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 was determined by evaluating the prevailing character of the immediate area,
as well as evaluating the land use and the future goals and objectives of the City. Ninety-
five (95) percent of the subject area is surrounded by the City of Winter Springs, while at
least sixty (60) percent of its external boundary is adjacent to areas developed for urban
purposes.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
Availability of Access:
Direct access is from S.R. 434 and Tuskawilla Road.
Improvements/expansions needed as a result of proposed annexation
In order to facilitate the safe, efficient and orderly flow of traffic through the Winter
Springs Town Center, a collector road is planned that will be constructed to connect with
the light at Doran Boulevard. This collector will run southeasterly along the boundary of
these parcels to an intersection with Tuscawilla Road. This collector street is consistent
with the Town Center Code and Comprehensive Plan policies, which encourage street
connectivity.
Function Classification:
S.R. 434 is a principal arterial that runs from Edgewater Drive near Orlando to Altamonte
Springs, then east to Oviedo, and then south to East Colonial Drive. S.R. 434 within the
City of Winter Springs is a four-lane east-west divided roadway. The level of service
(LOS) is `C' from US 17-92 eastbound to Tuskawilla Road, with an LOS of `B' from
Tuskawilla Road to the Greenway.
Tuskawilla Road is a County minor arterial, 4-lane north-south divided roadway that runs
from S.R. 434 in Winter Springs to S.R. 426 near the Orange County line. The LOS is
classified `D' from Red Bug Rd northbound to Winter Springs Blvd, and `C' from Winter
Springs Blvd to S.R. 434 and north into the Town Center.
POTABLE WATER:
The five (5) parcel property area at the southwest corner of the intersection of SR 434 and
Tuskawilla Road is not currently served by the City of Winter Springs for potable water,
although a 12" service line extends on the south side of State Road 434 adjacent to the
property from the west end of the area eastward to Tuskawilla Road and down that road.
When developed, the subject properties will connect to City potable water service.
WASTEWATER
The one developed lot within the property area ise currently served by a private septic
system for wastewater service. When developed, the subject properties will connect to City
sewer service, which is currently available along State Road 434 and at the southeast border
of the area.
Page 6
Apri15, 2005
Public Hearing Item 400
RECLAIMED WATER:
Although reclaimed water lines are in place along State Road 434, the City does not have
the capacity to serve additional areas with reclaimed water at this time.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service. These
parcels will remain with Progress Energy without any interruption of service. A future
land use change will not impact the current electric rates.
SOLID WASTE:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste
Services of Florida, Inc., a private solid waste contractor who will provide service to this
area.
STORMWATER MANAGEMENT:
The five (5) parcel property will be subject to the City of Winter Springs stormwater
utility program. A 36" RCP line runs along State Road 434 on the north side. Smaller
18" RCP lines extend across State Road 434 to drains on the south edge of the pavement.
The area drains to the south and on site stormwater treatment and abatement will be
required consistent with City and SJRWMD regulations.
RECREATION & OPEN SPACE:
The development will be serviced by the City's extensive active park and recreation
system.
POLICE:
The City of Winter Springs has been servicing this area with police protection, as
established in a 1987 InterLocal Agreement with Seminole County. The nearest station,
located at Moss Road and S.R. 434, has an Emergency Service Response Time of 2.3
minutes, with a response time under normal conditions at approximately five (5) minutes.
FIItE:
As with Police protection, the City of Winter Springs has been servicing this area with
fire protection per the 1987 InterLocal Agreement with Seminole County. A Fire Station
is currently housed in City Hall, less than a mile from the property area.
Nuisance Potential Of Proposed Use To Surrounding Land Uses -The change in
designation from (Seminole County) "Office" and (Seminole County) "Commercial" to
(City of Winter Springs) "Town Center District" will not result in any nuisance potential
for the surrounding properties because proposed uses are compatible with the "Town
Center District" uses and will be more consistent with the surrounding areas than the
current designation. Vegetation currently serves to buffer Single Family residential units
to the south. Additional planting will be required as the properties are developed.
Natural Resources Compatibility -
The properties under consideration do not include any wetlands, conservation areas or any
identified environmentally sensitive areas.
Page 7
Apri15, 2005
Public Hearing Item 400
SOILS
The dominant soils on three of the five parcels is Paola-St.Lucie. Paola-St.Lucie is
excessively well-drained with the depth of sand or fine sand at more than 80". Other soils
on the parcels are Tavares-Millhopper which is moderately well-drained, and Myaaka
which is poorly drained.
FLOOD PRONE AREAS
No portion of the area under consideration lies within a flood prone area.
HISTORIC RESOURCES
None.
WILDLIFE
The properties under consideration may have Gopher Tortoises. Appropriate permits
must be obtained before any removal takes place.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Comprehensive Plan graphically designates these parcels within the boundary of the
Winter Springs Town Center, and describes the Town Center as being "located between
State Road 434 and Lake Jessup and surrounding the Tuskawilla Road intersection." The
Comprehensive Plan goes on to specify that "proposed developments in the Town Center
must be designed at densities and intensities that are compatible with adjacent existing
developments". The proposed future land use change is faithful to the intent of that
endeavor.
Transportation Element
Map II-3 identifies the property area as a future traffic generator. In response, a traffic
light is planned at the intersection of Doran Drive and SR 434. The Comprehensive Plan
further requires a traffic study be performed during the final engineering phase. The
results of that study will determine further compliance measures, if needed.
Policy I.S.6. The City shall review the City Code to address safe and convenient on-site
traffic flow, which includes motorized and non-motorized circulation and parking.
The Town Center Code provides for prototypes for roadways. Wider sidewalks and on-
streetparking promote traffic calming and increased pedestrian safety. Connectivity
issues have been addressed with the ensuing construction of an eastbound road.
Additionally, a connecting extension of Cliff Rose Avenue across S.R. 434 will be
constructed, providing dual access off of SR 434 to the site.
Future Land Use Element
Policy 1.6.4: The City shall prohibit proposed land use amendments which are
anticipated to reduce the LOS for transportation facilities below the standard.
Related to the transportation element, adoption of the Town Center District Future Land
Use will not reduce levels of service in the area, as connector roads will be constructed to
reduce traffic intensity. The traffic light planned at Doran Drive and the connection to
Page 8
April 5, 2005
Public Hearing Item 400
Tuskawilla Road will allow for the dispersment of traffic to arterials, without the
reduction of LOS.
Policy 1.6.5: Land uses that generate high traffic counts shall be encouraged to locate
adjacent to arterial roads and mass transit systems.
While the Town Center Land Use is expected to generate high traffic counts, the two
main roads adjacent, SR 434 and Tuskawilla Road, are both arterials.
Policy 1.8.2: In order to reduce land use conflicts and for efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves
as soon as possible.
An Annexation Study Area Report was completed and filed with the Seminole County
Board of County Commisisoners. These parcels are part of that study area which was
subsequently annexed on Oct. 25, 2004.
The requested Large Scale Comprehensive Plan Amendment changing the land use
designation of (Seminole County) "Office" and (Seminole County) "Commercial" to
(City of Winter Springs) "Town Center District" is compatible and consistent with the
proposed use of this area for "...a variety of residential and non-residential uses to
encourage a mix of uses that is necessary for the economic viability of a city center" as
delineated on the Town Center Master Plan.
FINDINGS:
(1) The proposed amendment will have a favorable effect on the City's budget;
(2) The proposed amendment will not diminish the level of service (LOS) of public
facilities;
(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. Consistency with the
East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida
Administrative Code is no longer required as this rule was repealed;
(5) The proposed amendment will not unduly burden public facilities;
(6) The proposed amendment is compatible with the surrounding neighborhoods and
land use;
(7) The proposed amendment will not cause the comprehensive plan to be internally
inconsistent, but rather, addresses current internal inconsistencies in the plan.
(8) The proposed amendment will not adversely affect the public health, safety, welfare,
economic order, or aesthetics of the city or region; and
(9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5,
Florida Administrative Code.
STAFF RECOMMENDATION:
Staff recommends that the LPA hold a Public Hearing and recommend Approval to the
City Commission for First Reading/Transmittal Hearing and Adoption of Ordinance
Page 9
Apri15, 2005
Public Hearing Item 400
2005-07, a Large Scale Comprehensive Plan Amendment changing the Future Land Use
Map designation of the five (5) subject properties, containing 10.65 acres, more or less,
along South S.R. 434, west of the intersection at Tuskawilla Road, from (Seminole
County) "Office" and (Seminole County) "Commercial" to (City of Winter Springs)
"Town Center District".
IMPLEMENTATION SCHEDULE:
Apr. 14, 2005- Public Noticing in Orlando Sentinel of Public Hearing for 1St Reading
Apr. 25, 2005- Transmittal Hearing / 1St Reading of Ordinance 2005-07
May 2, 2005- Transmittal to DCA
July 25, 2005-Anticipated Adoption (tentative)
ATTACHMENTS:
A- Future Land Use Map, March 2005
B- Ordinance 2005-07 with Exhibit A (Map & Legal Description)
LPA ACTION:
Page 10
April 5, 2005
Public Hearing Item 400
ATTACHMENT A
LAND USE CLASSIFICATION LEGEND
^ Rural
Residential
Canarriercial
) ~. D:1 + Aare or less)
Low Density
Residential
i,t DL1 ~c 3.5 E)IJ t Ave)
~
R~lixed Use
Medium Density
Residential ~_ Greenway
1 nterchange
- (3 tl~sU to Gx~Glil Acva~
Nigh Density
Town Center
® Residential . Distr7ct
ra.1 ou w za o rru ; a«e,
® Conservation
Recreation
and Open Space
Conservation
Csverlay
lndustnal
Public fSemi-Putrlic
Page 10
FUTURE LAND USE MAP- March 2005
Apri15, 2005
Public Hearing Item 400
ATTACHMENT B
Ordinance 2005-07
ORDINANCE NO. Z~5-07
AN ORDINANCE OF 'CHE C[TY COMMISSION OF TKE
CITY OF VYTNTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELAT[NG TO COMPREKENSCVE PLANNING;
SET'T`ING FOR'l~H AND ADOPT[NG A .LARGE SCALE
COMPREHENS[V E PLAN AMENDMENT, REFERENCED AS
i.S-CFA-05-05, PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN READ PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
F[VE (S) PARCELS OF LAND, CONTATN[NG 10.65 GROSS
ACRES MORE OR LESS, AND LOCATED GENERALLY
ALONG EAST STATE ROAD 434, MORE PARTICULARLY
AND LEGALLY DESCRTI3ED [~[EREIN TN EXHIBIT `~A,"
ATTACKED I~ERETO ANTS FULLY INCORPORATED
HEREIN BI' THIS REFERENCE, FROM SEMINOLE
COUNTY "OFFICE" OR "COMMERCIAL" TO CITY OF
WINTER SPRINt;S "TOWN CENTER"; PROVIDING AN
EFFECTIVE, DATE AND LEGAL STA'T`US OF THE PLAN
AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE
PLAN TO THE DEPARTMT+IN"[` OF COMMUNI`T`Y AFFA[RS;
PROVIDING FO[2 THE REPEAL OF PR[ORINCONSTSTENT
ORDINANCES AND RESOLUTIONS, SEVERAB[LITV, AND
AN )r+:I~`E`ECTI~rE DATE.
'i'17HEREAS, section 1.63.3161 et. seq., Florida Statutes, establish the l..ocal Government
Comprehensive Planning and land I~velopment lZegulation Act;.. and
V!'[-CEREAS, section 163.3167, Florida Statutes, requires each municipality in the Sfate of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs;. and
V1'HE REAS, .sections 163.31$4 and 163,31$7, 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 T'lan; and
V14~'HEREAS, the Local Planning Agencyof the City of Winter Springs held a duly noticed
public hearing, in accordance with.. fhe procedures established in chapter 1.153, Part TI, Florida
Statutes, an 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 Cornntission; and
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
City of ~Vinttx Springs
()rdinanae into. 2Qt15-p7
Page i of 3
Page 12
Apri15, 2005
Public Hearing Item 400
the subject property lame scale comprehensive plan amendment (LS-CPA-05-05) to the Florida
Department of Community Affairs far its review and comment; and
'VWHEIId~:AS, the amendment adapted by this tJrdawance complies with the requir+e~nts of
the Local. Government GamprChensive 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.
N{7'1~', THIJREI!t)RE, THE CITY CCIMMISSI()N Ole THE CITY UI+ WINTER
SPRINGS HEREBY flRDACNS, AS EOLL,OWS:
Section 1. Recitals. The foregoing recitals aretrue and correct and are fully incorporated herein
by this reference.
Section 2. Authority. This Ordinance is adopted i» compliance with, and pursuant. to, the LACaI
Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184
and 163.31.87, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent afthis Ordinance are to adopt the large
scale comprehensive plan amendment (LS-CPA-OS-US} designating the subject property from.
Seminole County "Office" or "Commercial" to City of Winter Springs "Yawn Center."
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 in Exhibit `<A" as Seminole County "Office" or "Commercial" to City of Winter
Springs "Yawn Center." Exhibit "A" is attached hereto and fully incorporated herein by this
reference.
Section S. Transmittal to the Department of Community Affairs. The City Manager ar his
designee is hereby designated to sign a letter transmitting the adapted comprehensive plan
amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(1)(c)(4), Florida Statutes, and Section 9J-1 1, Florida Administrative Cade.
Section 6. :Repeal of Prior inconsistent Qrdinances and 12esolutiUns. All prior inconsistent
ordinances and resolutions adopted by the City of W-inter Springs City Camznrssion, ar parts of
ordinances and resolutions in conflict herewith, are hereby rq~ealed to the extent of the conflict.
Section 7. Sevct~tbllity. if any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is far any reason held invalid ar unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a ;~~eparate, distinct and independent provision., and. such. holding shall not affect the validity afthe
remaining part.ians of this Ordinance.
City of Winter Springs
Qrci.inance t3v. 2U05.07
Page 2 of 3
Page 13
Apri15, 2005
Public Hearing Item 400
Sectlan S, Effe+ctlve Date and Legal Status of the flan Amendmi*nt. The effective data of
the comprehensive plan amendment adapted by this Ordinance shall be the date a final. artier is
issued by the Florida Department of Community Affairs, ar the date of the Administration
Commission finding the Amendment in compliance with section 1153.31.84, Florida Statutes. Na
development orders, development permits, ar land use dependent an this amendment maybe issued
ar commenced before it has became effective, if a final order of nancampliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adoption of a
resolution afftrming its effective status. After and from the effective date of this amendment, the
comprehensive plan amendment set Earth herein shall amend the City of Winter Springs'
Comprehensive Plan and. became a part of that plan and the amendment shall. have the :legal status
ofthe City of Winter Springs' Comprehensive Flan, as amended.
AT~OPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled an the day of , 2005.
Jahn. F, Bush, Mayor
ATTEST:
Andrea Lorenzo-Lances, C:lty Clerk
Approved as to legal farm. and su~cicncy far
the City of Winter Springy only:
Anthony A. Garganese, Clty Attarnep
First Reading:
Second heading:
Cffective Date;
City of Winter springs
Ordinance ~En. 2(1(15-t17
Page 3 of 3
Page 14
Apri15, 2005
Public Hearing Item 400
Ordinance 2005-07
EXHIBIT `A'
LOCATION MAP
PARCEL NUMBERS
36-20-30-502-0000-0070 36-20-30-502-0000-0090
36-20-30-502-0000-0080 26-20-30-5AR-OA00-008F
36-20-30-502-0000-009A
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