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2008 12 06 Public Hearings 400 Ordinance 2005-29 Large Scale Comprehensive Plan Amendment for 7 parcels 47.27 acres
Pip PLANNING & ZONING BOARD LOCAL PLANNING AGENCY AGENDA ITEM 400 December 6.2005 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 2005-29, a Large Scale Comprehensive Plan Amendment, referenced as LS-CPA-06-O1 which changes the Future Land Use Map designation from "Industrial" to "Medium Density Residential" for seven (7) parcels containing 47.27 acres, more or less, less areas 1 & 2, located between Shepard Road and Florida Avenue. (This item was postponed from the November 1, 2005 meeting, to date certain, the December 6, 2005 meeting.) PURPOSE: The Keewan Real Property Company of Winter Park, Florida, has initiated the request for a Large Scale Future Land Use Map Amendment, changing the Future Land Use Map designation for the existing 47.27 acre (more or less) vacant property so that it can be developed into residential townhouses. 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. Authoritypurpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: ~r~~' December 6, 2005 Public Hearing Item 400 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 recommenda- tion, 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: The following summarizes the data the City has been able to gather related to the Wildwood PUD and the adjoining Dittmer property: Around 1971, the Wildwood PUD was established by National Homes Corporation of Lafayette, Indiana. On July 24, 1973, the Wildwood PUD Plat was recorded with a cluster and patio homes development east of (and including) the Florida Power & Light easement. The western portion of the PUD was intended as garden apartments and townhomes. May 10, 1983- At the request of Walt Dittmer, 30 acres west of the power easement of the Wildwood PUD Master Plan was amended, from all Multi-Family to a mix of Multi-Family, Commercial and Industrial uses. July 12, 1983- At the request of National Homes Corporation, that portion of Wildwood Drive located on the Florida Power Corporation easement was approved for public hearing related to the vacation of the drive since it was included in the amended Master Plan. Apri124, 1984- PUD Master Plan Revision adopted by the City Commission. The Multi-Family portion was amended to be Professional Offices. The final plan was a tiered office park concept (Winter Springs Commerce Center) with Industrial development to the west, then Commercial and next, Professional Offices facing eastward and appearing as residential structures. July 10, 1984- The Preliminary Plan for Phase I (illustrating this concept) was approved by the City Commission. (See ATTACHMENT A). The two cul-de-sacs were granted a double variance with the condition that they be linked by a stabilized emergency connection for police and fire vehicles. The design was never developed and the property has remained undeveloped. Sept. 23, 1985- The easternmost portion of the Florida Power Corporation easement 15-feet by 1700- feet dedicated by Mr. Dittmer to the Rustic Woods Homeowners Association as a green belt and 90-day extension given for PUD Final Development Plan. Nov. 26, 1985- A subdivision bond was recorded for the following: 1-Construction of a berm to a maximum height of four feet; 2- Landscaping of such berm; and 3- Construction of a retention system with rip/rap support within such berm. These were to be located within the 175' wide Florida Power Corporation Right-of--Way as recorded in the Wildwood Plat. Additionally, the construction of a "T" section on Wildwood Drive resulting from the vacation of a portion of the Wildwood Drive right of way is noted. Page 2 December 6, 2005 Public Hearing Item 400 Oct. 20, 1988- Adoption of Ordinance 436, reclassifying Parcel 33-20-30-503-0000-025A (5.850 acres) as part of the PUD based on the petition of Dittmer Properties Inc. (see map on page 4, Parcel "F".) The rezoning of this parcel was granted (according to the ordinance), so that the property might "be included within the boundaries of the adjacent PUD." The City's current maps do not reflect this change. (ATTACHMENT F) 1997- Seminole County Community Redevelopment Agency established the U.S. 17-92 Corridor Community Development Area (CRA) and Winter Springs supported by Resolution. All of the subject property, except Parcel `F' is included in the CRA. Feb. 16, 2005- Large Scale Comprehensive Plan Amendment Request received. Application and Fee returned to applicant based on Winter Springs Code Section 15-32. Sept 2005- Re-Application for Large Scale Comprehensive Plan Amendment Application included only four (4) of the seven (7) parcels: 26-20-30-5AR-0000-0210 (23.25 acres); 33-20-30-503-0000-0150 (2.0 acres); 33-20-30-503-0000-0240 (7.450 acres); and 33- 20-30-503-0000-025A (5.850 acres). Oct. 19, 2005-Revised Application for Large Scale Comprehensive Plan Amendment including seven (7) parcels, less areas 1 & 2 (as described in ATTACHMENT B) Oct. 26, 2005- Adjacent property owners within 150' notified by Certified Mail Oct. 26, 2005- Public Noticing in Orlando Sentinel of LPA Public Hearing Nov. 1, 2005- LPA postponed the public hearing to date certain, Dec. 6, 2005. Dec. 6, 2005- LPA to hear the request and make recommendation re: Ord. 2005-29. CONSIDERATIONS: Applicant -The Keewan Real Property Company Owner- Dittmer Properties Inc.; 1006 Shepard Rd., Winter Springs, FL 32708 Location -South of Shepard Road and North of Florida Avenue, adjacent to the Florida Power & Light easement and west of Wildwood and Greenspointe residential communities. Total Acreage- 47.27 acres, more or less. Site Information - The property is included in the US 17-92 CRA Redevelopment District. The parcels are primarily vacant (except for dirt bike racing and unauthorized outdoor equipment storage along Florida Avenue). The parcels have an "Industrial" Future Land Use. The applicant is requesting a Future Land Use change to "Medium Density Residential": The following parcels are included: PARCEL `A' 28-20-30-5AS-OB00-015A 3.290 acres LEG BEG 70 FT N 4 DEG 49 MIN 25 SEC E OF SE COR LOT 15 BLK B RUN N 4 DEG 49 MIN 25 SEC E629.50FTN86DEG2MIN40SECE267.59FTS3DEG57MIN20SECE166.02FTSWLYON Page 3 December 6, 2005 Public Hearing Item 400 CURVE 60.21 FT S 26 DEG 2 MIN 26 SEC W 301.10 FT SLY ON CURVE 143.86 FT S 85 DEG 53 MIN 25 SEC W 161.12 FT TO BEG (LESS RD) BLK B OAK GROVE PARK PB 7 PG 83 Existing Land Use: Vacant Zoning: «p~„ Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `B' 28-20-30-5AS-0600-0170 3.404 acres LEG LOTS 17 + 18 + LOTS 15 + 16 E OF W LINE OF LOT 21 BLK C LEVY GRANT (LESS BEG 70 FT N 4DEG49MIN25SECEOFSECORLOT15RUNN4DEG49MIN25SECE629.50FTN86DEG2 MIN 40 SEC E 267.59 FT S 3 DEG 57 MIN 20 SEC E 166.02 FT SWLY ON CURVE 60.21 FT S 26 DEG 2 MIN 26 SEC W 301.10 FT SLY ON CURVE 143.86 FT S 85 DEG 53 MIN 25 SEC W 161.12 FT TO BEG & RD) BLK B OAK GROVE PARK PB 7 PG 83 Existing Land Use: Vacant Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" Page 4 December 6, 2005 Public Hearing Item 400 PARCEL `C' 26-20-30-5AR-0000-0210 23.25 acres LEG LOT 21 (LESS N 579.5 FT OF W 330 FT + PT PLATTED WILDWOOD) BLK C; D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Existing Land Use: Vacant, except for dirt bike racing Zoning: «p~„ Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `D' 33-20-30-503-0000-0150 2.0 acres LEG ELY 225 FT OF NLY 385 FT OF LOT 15 ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: Vacant Zoning: °~p~„ Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `E' 33-20-30-503-0000-0240 7.450 acres LEG LOT 24 (LESS E 25 FT OF S 200 FT) ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Vacant, except for unauthorized outdoor equipment storage Zoning: `~pt~°° Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `F' 33-20-30-503-0000-025A 5.850 acres LEG LOT 25 (LESS W 204.42 FT OF S 341.94 FT) ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: Vacant Zoning: "C-2" (according to the Zoning Map); however, PUD according to Ordinance 436. Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `G' 33-20-30-503- OS00-0000 .500 acres LEG THAT 25 FT STRIP LYING N OF &ADJ TO LOTS 24 & 25 ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: FP&L Easement, Water Retention Zoning: °°pUD" Current Future Land Use: "Medium Density Residential" Proposed Future Land Use: "Medium Density Residential" Not included is PARCEL `H': 28-20-30-5DL-0000-0001) 6.840 acres LEG 175 FT FLORIDA POWER CORP ESMT (LESS ELY 15 FT) & VACD WILDWOOD DR ADJ WILDWOOD PB 19 PGS 7 TO 10 Existing Land Use: FP&L Easement; Retention Page 5 December 6, 2005 Public Hearing Item 400 Zoning: Current Future Land Use: Proposed Future Land Use: "PUD" "Medium Density Residential" "Medium Density Residential" Existing Land Uses -All of the parcels are undeveloped. Overflow parking occurs along Shepard Rd for Dittmer Aluminum; dirt biking is prevalent on parcel "C" (according to adjacent property owners); and it has been reported the parcel `E' is currently leased by Mr. Dittmer to someone who is using it for outdoor storage but no site plan approval or permits have been issued for a use on this parcel. Adjacent existing land uses, zoning and FLUM designations include the following: Subject Sites Undeveloped PUD (WS) and C-2 WS Industrial (WS) North Dittmer Aluminum Fabrication C-2 (WS) Industrial (WS) SOUth Equipment Storage and Single C-2 (WS) and Industrial (WS) and Low Family Residential R-lA (SC) Density Residential (SC) East Single Family Residential PUD (WS) Medium Density Residential West Miscellaneous Commercial & C-2 (WS) and Industrial (WS) & Industrial Uses including Car C-2 (SC) Commercial (SC) Dealerships (WS) Winter Springs; (SC) Seminole County; The only Low Density Residential use adjacent to the property is south of Florida Avenue Development Trends -The most recent development within Winter Springs in the immediate area is Apex Transmission (2005) immediately adjacent to 17-92 and west of the property. Other recent development includes a wholesale coffee roaster (2004) and the KIA Dealership (2000). The property representative for the Elsea property (to the south on Florida Avenue) indicates that they get 1-2 letters a week from interested purchasers looking for industrial land. Proposed Future Land Use Classification -The requested change in the future land use map designation from City of Winter Springs "Industrial" to City of Winter Springs "Medium Density Residential" leaves a remaining pocket of Industrial to the south (Elsea property) that would then be surrounded by Residential. The property owner representative has voiced concerns over the resulting incompatibility and his ability to utilize his property for industrial use in the future. Letters/Phone Calls In Favor Or Op osp ition -Numerous calls requesting information have been received. Two adjacent property owners (Elsea on Florida Avenue and Moretti on US 17-92) have indicated an objection to the request for a change in the future land use. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues, which staff analyzed in reviewing this application: Justification for Future Land Use Desienation -The requested future land use map designation is primarily driven by two factors: Page 6 December 6, 2005 Public Hearing Item 400 1- The market for townhouse development; and 2- The owner's inability to establish the Winter Springs Commerce Center that was granted preliminary plan approval in 1984 after the PUD Master Plan was amended. The market for townhouse development is strong. Currently, the City has 300 townhouses that have been permitted since 2000, with an additiona12212 more townhouse/condominium units in various stages of approval. Of these, 70% are located within the Town Center. (Densification of the Town Center is not only permitted but encouraged.) Urban Land magazine reported in February (2005) that "the central Florida market has weathered the storms and is poised to continue its tremendous run in housing activity and value growth at least in the short term" (p. 103) Building activity in this area of the city would help to improve surrounding property values. The market for industrial land is not as apparent. The property has remained vacant, and therefore it might be assumed that no market exists for its use as depicted on the approved PUD Amended Master Plan. However, Urban Land magazine (February 2005) reports, "The central Florida industrial market, particularly Orlando, also continues to grow... Orlando is one of the fastest growing high-tech markets in the country... Because of Orlando's centralized location within the state, the distribution of goods from this location has always been a positive element relative to the industrial sector" (p. 109) The City has a limited supply of industrial property. Whereas, residential property is able to locate in most parts of the City, industrial property cannot. The Comprehensive Plan indicates that there is a need for an additional 105 acres of industrial land by 2010. Pending the Commission's direction, Staff may reaccess this number as part of the 2008 Evaluation and Appraisal Report (EAR). Two years ago, the Planning and Zoning Board went through a visioning process related to the subject property as well as properties along US 17-92. This process resulted in the creation of a new C-3 Highway Commercial Zoning District, as well as the addition of the C-3 permitted uses into the I-1 Light Industrial Zoning District. Public Facilities: ROADS/TRAFFIC CIRCULATION: Availability of Access: Direct access is available to the subject property from Shepard Road (north) and from Florida Avenue (south). To the east, Wildwood Drive originally connected to the property through the FP&L easement, however that connection was vacated in 1985. Mr. Dittmer owns property that would give the subject parcel direct access to US 17-92, however, those properties are not included in the applicant's contract with Mr. Dittmer and, therefore, are not a consideration in this request. (See Proposed Conceptual Plan, ATTACHMENT C). Improvements/expansions needed as a result of proposed future land use change In evaluating the impacts of the change in future land use, the applicant has indicated that the residential trips generated by the proposed land use change are substantially less than the trips generated for an industrial use. [Per ITE for the industrial use 6.96 trips per 1000 SF are Page 7 December 6, 2005 Public Hearing Item 400 generated. The amount of industrial square footage could be as high as 850,000 SF. This equates to 5,916 vehicle trips per day for the industrial use. For residential, 334 units at 5.86 trips per unit equals 1,958 trips per day.] Shepard Road is considered a minor collector road where it abuts the property on the north and where the applicant is proposing the main entrance to the development. [Shepard Road is a 2- lane collector with a LOS of "C" with a 2001 daily traffic volume of 5,226. A LOS "D" capacity is 10,000 trips per day.] Shepard Road appears to have capacity to accommodate the additional traffic that would be generated by the proposed residential use. The applicant indicates, "proposed improvements may include a left turn and right turn decel lane on Shepard Road at the proposed project entrance." Florida Avenue is a paved county local road and may require upgrading to support an increase in traffic. [No traffic counts are available for Florida Ave. ] US 17-92 between Shepard Road and SR 419 is a 6-lane arterial. Between Shepard Road and SR 434, it is a 4-lane arterial. FDOT considers this segment of US 17-92 as having a LOS "F" based on FDOT traffic counts. [It is not known why but, FDOT traffic counts and Seminole County traffic counts vary substantially for the portion of US 17-92 between SR 419 and SR 434. Seminole County traffic counts result in a LOS "D".] The applicant indicates, "vehicle access through Shepard Road will be offset by the proximately to US 17-92." Most of the traffic to and from the site would disperse onto US 17-92. A traffic signal already exists at the intersection of Shepard and US17-92. The applicant indicates, "traffic from Shepard Road and Florida Ave. would be conveyed to SR 417 and SR 434 via US 17-92. " POTABLE WATER: Facilities serving the parcels: Parcels at SR 434 & Shepard Road and SR 434 & Florida Ave. are currently serviced by City water. Access is available along Shepard Road or at the juncture of Wildwood Drive and the FP&L easement where there is a 10" line. I~rovements/expansions needed as a result of proposed amendment: The applicant indicates "the additional impacts of the proposed townhome project on public facilities will be offset by unit fees and the possibility of tying systems together to improve service." The subject property will be required to tie into the existing city water line. SANITARY SEWER: Facilities serving the parcels: Parcels at SR 434 & Shepard and SR 434 & Florida Ave. are currently serviced by City sewer. A 10" force main line runs across the FP&L Easement into the subject property providing sanitary sewer access. Improvements/expansions needed as a result of proposed amendment: The applicant indicates, "sanitary sewer will be discharged through a pressure force main to the city system. " RE-USE WATER SYSTEM: Facilities serving_the parcels: Page 8 December 6, 2005 Public Hearing Item 400 A reclaimed water line runs from Wildwood Drive south along the eastern perimeter of the FP&L easement. Improvements/expansions needed as a result of proposed amendment: The subject property maybe required to tie into the existing reclaimed water line. DRAINAGE/STORMWATER: Facilities serving the parcels: The parcels at SR 434 & Florida Ave. are serviced by the City's stormwater system. The closest access to the existing system is at Tanglewood Road and Wildwood Drive, just east of the subject property. Improvements/expansions needed as a result of proposed amendment: The applicant indicates, "drainage will be accommodated on-site to meet the city and water management district requirements and that the existing lake on the property will also provide adequate outfall for the stormwater drainage on the property." SOLID WASTE: Facilities serving the parcels: The City has an exclusive franchise agreement with a solid waste hauler, Waste Services of Florida, unti12006. The City is currently negotiating a new franchise agreement. Improvements/expansions needed as a result of proposed amendment: Dumpsters are required to be screened by a masonry wall enclosure with an opaque gate. The applicant indicates, "solid waste service will be accommodated through the city's contract waste pickup and that the Seminole County transfer station is within close proximity for waste handling. " ELECTRIC SERVICE: The City of Winter Springs is serviced by Progress Energy for electric service. A future land use change will not impact the current electric rates. RECREATION & OPEN SPACE: Facilities serving the parcels: There are no recreation or open space parcels adjacent to the area although the parcels are serviced by the City's extensive park system. Improvements/expansions needed as a result of proposed amendment: The subject property will be required to provide recreational amenities on site, if the property is developed as residential townhouses. The city imposes impact fees for Parks and Recreation facilities. FIRE: Facilities serving the parcels: Station 24 on Moss Rd. in Winter Springs is the closest Winter Springs station. Station 17 in Longwood would be first responder as it is slightly closer. Response time would be less than 5 minutes. Improvements/expansions needed as a result of proposed amendment: Buildings over 3500 SF are required to be sprinkled. The city imposes impact fees for Fire. Page 9 December 6, 2005 Public Hearing Item 400 POLICE: Facilities serving the site: Station on 300 N. Moss Rd. in Winter Springs is the closest Winter Springs station. Response time would be less than 5 minutes. Improvements/expansions needed as a result of proposed amendment: None. The city imposes impact fees for Police. Nuisance Potential Of Proposed Use To Surrounding Land Uses -The change in designation from (City of Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential" is expected to be more compatible with the existing "Medium Density Residential" patio homes to the east than the current "Industrial" classification. However, the change could result in incompatibility between the proposed "Medium Density Residential" use and "Industrial" uses to the south and west (along US 17-92), both existing and future. Natural Resources Compatibility - The applicant states, "The project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees. " The properties under consideration include wetlands at Boat Lake. No other conservation areas or environmentally sensitive areas are known to exist on the site. SOILS The soils on this property are generally Urban Land. Source: Soil Survey of Seminole County, Florida published by the Soil Conservation Service of the U.S. Department of Agriculture The applicant indicates, "the soil types are highly conducive for development as depicted in the Comprehensive Plan on Map I-3. " TOPOGRAPHY The subject property is predominantly part of a ridge that runs north and south and which includes a knoll that is 20-feet higher in elevation than the adjacent Wildwood community based on the contour information available through Seminole County GIS. The site drains primarily to the east. Part of the site also drains to Boat Lake and to the south. FLOOD PRONE AREAS Boat Lake impacts parcels C, D & E. The applicant indicates, "the proposed development plan includes a 25' upland buffer area adjacent to the lake and wetland areas. This project does not lie in a flood prone area as defined in by the FEMA map ". HISTORIC RESOURCES The applicant states, "historical resources will also be addressed during the water management district permit process. " Page 10 December 6, 2005 Public Hearing Item 400 WILDLIFE The properties under consideration may have Gopher Tortoises. An environmental analysis will be required and if Gopher Tortoises exist, appropriate permits must be obtained before any removal takes place. The applicant states, "before the project is developed, a full environmental survey will be performed including wetland, threatened and endangered species, phase 1 environmental and soils surveys. " 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 Industrial Land The City of Winter Springs encompasses 9,460 acres (Dec. 2005). Lands that have a Future Land Use classification of "Industrial" include 166.5 acres (Dec. 2005) or 1.76 percent of the City's total land mass. The applicant is requesting that 47.27 acres be removed from the "Industrial" classification. If approved, the City's total acreage of land with an "Industrial" Future Land Use classification would be reduced by 28.3 percent and "Industrial" would then be 1.26 percent of the City's total land mass. The Comprehensive Plan states that additional industrial acreage is required to meet future growth (an additional 105 acres by 2010 [Future Land Use Element, Table I-4]). An "Industrial" future land use designates land for uses not allowed in other parts of the City. As stated in FLUE Policy 1.5.10, "lands designated "Industrial " on the Future Land Use Map shall also serve as an area to locate authorized land uses and activities which could have adverse secondary effects (e.g. increased crime; neighborhood deterioration and blight; property devaluation; economic deterioration; health risks; and other adverse effects) on residential areas, religious institutions, schools, parks, day care centers, and other public institutions located within the City. " As stated in Policy 1.5.10, it is critical that the City maintain industrial future land use areas for uses that may be considered detrimental to other areas of the City, in order to protect the health safety and welfare of its citizens. Uses considered as obnoxious nuisances do not exist to the same extent that they did in the 1920s when Euclidean zoning became prevalent it may not be in the best interest of the citizens of Winter Springs to use up valuable industrial land for housing. Consideration should be given to the City's potential future need for industrial property. Again, the projected need will be reassessed as part of the EAR process. Need for Residential Land The Comprehensive Plan indicates that approximately 5,579 new housing units will be needed from 2000 to 2010 to serve City residents (based on the Housing Needs Assessment methodology prepared by the Shimberg Center for Affordable Housing in 2000). The City's Housing Element, Objective 1.1 states that the City "Assist the private sector to provide approximately 1,124 new dwelling units of various types, sizes and costs between 2000 and 2005, plus an additional 2,249 Page 11 December 6, 2005 Public Hearing Item 400 units between 2005 and 2010 necessary to house the City's anticipated population through the planning horizon," and Policy 1.1.1 states, "The City's Future Land Use Map shall include adequate amounts of land to accommodate the projected housing growth." Although it can be argued how much land or what percentage of lands a residential community such as Winter Springs needs for various uses, it is important to give consideration as to how such a change in land use factors into the City's long term objectives and whether such a change enhances or diminishes the City's ability to be sustainable. The "Medium Density Residential" classification includes up to nine units per acre. The applicant has illustrated a conceptual plan that complies with the density requirements of the Medium Density Residential Future Land Use classification. The applicant states, "Based on the city's future residential land needs, this project offers a transition development between the industrial/commercial property on 17-92 and the existing multifamily development to the east. " 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. " 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. " The FP&L Easement acts as a 175' buffer to the Wildwood PUD. The Wildwood PUD is a Medium Density Residential area. The easement includes existing berming, retention areas, and a vacated right-of--way to further buffer the PUD from the subject property and to prevent access from one property to the other. If the land use is changed to "Medium Density Residential", these actions would have unnecessarily divided similar uses and reduced interconnectivity of residential properties. If the land use is changed to "Medium Density Residential", the remaining adjacent industrial properties to the west and south will require buffering to reduce incompatibility conflicts that may result. Although not illustrated on the conceptual plan, the applicant indicates, "The town home development will transition to the industrial and commercial property on US 17-92." The existing topography and vegetation on the site currently buffer the site well from the adjacent uses along US 17-92. However, the proposed conceptual plan does not reflect the site's topography and instead, illustrates retention areas to the west and south along Florida Avenue. Page 12 December 6, 2005 Public Hearing Item 400 Although the proposed retention area to the west would physically separate the development from the adjacent US 17-92 uses, utilization of the natural topography would be more effective in shielding noise and views as well. Although the proposed conceptual plan illustrates retention areas along Florida Avenue, no buffer is shown to the Elsea property, also on the south. The applicant has stated, "The project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees. " Wetland & Lake Buffers Future Land Use Element, Policy 1.2.11 states, "The minimum upland lake buffer shall be fifty (SO) feet. No fill shall be placed in lakes, except as permitted by applicable state, regional and federal agencies. " Conservation Element, Objective 1.4 states, "Wetlands and the natural functions of wetlands shall be conserved and protected from activities, which alter their physical and hydrological nature. Incompatible uses shall be directed away from wetland areas. Implementation activities to ensure the protection and preservation of these areas shall be included within the Code of Ordinance, "and 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 applicant's proposed conceptual plan illustrates a 25' upland wetland buffer. This buffer will need to be adjusted to 50' to reflect the upland lake buffer. Transportation Future Land Use Element, Policy 1.6.4 states, "The City shall prohibit proposed land use amendments which are anticipated to reduce the LOS for transportation facilities below the standard,"and Future Land Use Element, Policy 1.6.5 states, "Land uses thatgeneratehigh traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems." A traffic study will be required during the final engineering phase. The results of that study will determine further compliance measures, if needed. FINDINGS: (1) It is unknown what ultimate effect the proposed amendment may have on the City's budget or the economy of the City or the region, because a fiscal impact analysis has not been commissioned, but the applicant indicates, "The proposed townhouse development will offer approximately 350 units of residential use to a vacant piece of property" and "the townhome project will increase the City s tax base while bringing new citizens to the region. " (2) Any development of the vacant land will generate traffic that will further diminish the LOS of US 17-92 which according to FDOT is already over capacity. The applicant has indicated that the proposed "Medium Density Residential" land use will generate less traffic than an "Industrial" land use built out at the highest intensity allowed under the Comprehensive Plan. Page 13 December 6, 2005 Public Hearing Item 400 (3) The proposed use is not expected to have any 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 applicant states, "Before the project is developed a full environmental survey will be performed." The applicant also indicates, "the project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees," however, this is not supported by the proposed conceptual plan. (4) The proposed amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. The applicant states, "the proposed amendment meets the State Comprehensive Plan due to the compatibility with surrounding land uses and transition ability. Within the state plan infrastructure is in place to service this development. Transportation planning includes the widening ofportions of 17-92 to further allow growth in this part of the city. Site environmental concerns will be adequately addressed including local and state permitting for stormwater and preservation lands." 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) The proposed amendment is not expected to unduly burden the City's public facilities. (6) The proposed amendment is compatible with the surrounding neighborhoods to the east. However, compatibility to the south and west land uses has not been demonstrated. The applicant indicates, "the townhome development will transition to the industrial and commercial property on US 17-92. " (7) The applicant indicates that the townhome development is consistent with the comprehensive plan; However, as previously mentioned, this land use change, if approved, removes 28.3 percent of the City's "Industrial" lands. Staff will reassess the need for industrial property as part of the EAR. (8) The applicant states, "This amendment will promote the safety, welfare, economic order and aesthetics of the City. The proposed townhomes will include double garages and large units. These units will be offered in multiple room options to accommodate small to large families. Amenities will also be provided for the units to further promote a recreation complex. " (9) The contents of the Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes is not applicable until after the request is transmitted to the State. STAFF RECOMMENDATION: Staff recommends that the LPA hold a Public Hearing and recommend either Approval or Denial to the City Commission for First Reading/Transmittal Hearing and Adoption of Ordinance 2005- 29 (a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of the seven [7] subject properties, containing 47.27 acres, more or less, between Shepard Rd and Florida Avenue, from [City of Winter Springs] "Industrial" to [City of Winter Springs] "Medium Density Residential") based on the information contained herein. Page 14 December 6, 2005 Public Hearing Item 400 IMPLEMENTATION SCHEDULE: Nov. 10, 2005- Public Noticing in Orlando Sentinel of Public Hearing for 1 S` Reading Nov. 21, 2005- Transmittal Hearing / lst Reading of Ordinance 2005-29 Nov. 28, 2005- Possible Transmittal to DCA ATTACHMENTS: A- PUD Master Plan Amendment & Preliminary Plan, 1984 B- Application and Justification for Request C- Proposed Townhouse Concept Plan D- Existing Future Land Use, November 2005 E- Proposed Future Land Use, November 2005 F- Existing Zoning, November 2005 G- Ordinance 2005-29 with Exhibit A (Map & Legal Description) LPA ACTION: Page 15 '; f y. I•' ~tj ~': ~~. .. b ATTACHMENT A r,..t.._. ... „ 1~ ?r. Y.. 4 ~ TrS t~~X~ ~ ~ ~ l!~ ~~.. ATTACHAAENT A OFFICEiWA.REHQUSE 1; .. .. ., r+~ ;~~ . ~~.;: iF~ '.; ',}, X. ~Ra`lr~.}L~~-~;* ~,•>~.'.aM .rte". -.:. k :•.< .,. ,, ... -:': FR~?N`f ELE~IAT'tQN `~ ` _ ,;;:.s r1 ~,; ,~,~,,. f,~ARDEN OFFICE ATTACHMENT B CITY pP WIIVTE_It SPRINGS COMMUNITY DEVELOPMENT OfipARTMt?NT 1116 STATE ROAD 434 ~ WIiY'I&R SYAlIdGS, l'L 32708 4a~.a2~-saes FAX;40'f.327-8e95 APPLICATION MOR COMPRENHNBIVH !'CAH AARNDMENT AFPLIt.AN!': The Keevin Resl Pro ert Con an Utt pl,K altllb MAiL1NOADdRES3: 103.1_.We>It Morsa Bivd. Suite 325 Wi er P FL' 27 9 b P1it)NE (g,OZ1645-4400 ~ srtc ~ ~` if Applicsat tbW 1~It71' orovn the P'oP~Y- PROPERTYOWtVBR: ~~lsttncz .Ptouertiess,,,~nc. [Yt }1M 1~Gdit~ bIA1L11r0ADg8SSS: 1006 Sheuar d. Winter Snrinay. FL 327D8 aN 9We 7tp t'Odt PHONE: _ (407) _ Thin tsqusst a fiat the property desm'bed below; PAOPERTYADDRESS: South. side_of_ 5heoard Rd., East of S.R. 17-92 TAXpA_gCELNUA[ggR;._ 3Et Atta.c'~13d - MUltj.ple Patcels sl'ZL~OFPARCfiL: 2,_059,081.2 $P 47.27 Acres a4+~ t~rar Arta Please state the te++aa~ ar jusfdteacion far yanrCoapehauive P1en,luyepda~t (pyhuL land use Chugs): . Current Fi1TU1L1; Ldtv'D L'SB ChusiRcatitm _ - ItL iLS, t r i $ ] - REQUEST for s Chat~e m G1ty oCWinber Spriap FIfTURE LAND USE ClsaiEeatiou: Y e s u qou are tt:quwtioi ao Att~tf~eat to the Owk Obllxdvw, Qt YoGcias of the City's Cou>anheoaivc Plsq aet fnath the ptupwad Mteadm~ m dstul aad ProvWa auppottipg daouuieatstba. Glxrmtc ZOMNO Chwifkado~o: PUD , C- 2 y.~74~ ...__ _ t._. _. ._ _. LB 39tle 9NIL133NI9N3 SNtlf13 ES609CZG[lb 9©~LI 50©Z/6I/BI COMPREHENSIVE PLAN AJ~lLMfM'ENfS are wlt jict to tie Apluowl of cbe City Cornmietiaa Eeeb action u only effaetive wlsn the Notiu and Yoro Requiterruop of Chsppterr 366 and 171, Florida 8temaea taw bem arJrkved, URGE SCALE COI+IPIZBFgNS(VEPLAN AMIINDMliNTS ace sugJsa to Approval by the F[tuida Depasttuent of Community Afl'Yfrs trod ass ant affacNve nttfU the Deparhtrm of Coneaunity Affiirs fastras a'ldodee of }ptwtt" to And the Cotspsrhsrtslw Plan M.settdtap>t is coaplis~s ttdlh the ragtixtoetos of t:blpeer 161.3 i!4 ttttd 163.31 B7, Florid. $tlssass. thtlea otltawHe provided by Lw, tlu Cott~.°e3tetssive PlapnrweatyorwinearsprGyssita0bs^rnsrt~edoetynekttp~t,yearinsecardsnce.,,id, 163a187(I) F•9. and N-iwer Sprioy Code of Ordistpeel, 8eerioat 13,72 as tnllewa: ~oalleari~ n8raeml deedllee: Spry- No 4kr then 3:00 p.rs~ on tie Drrt Wedendsy ffi Fstavny. 17re aypliwtion(s) will be reviewed at s ttteetittS of the bul pksoin; sSettcy m be 6e3d fn Apti1 or w trttrersvlse ptscricabie. FaA• No Lear than 3.'00 p.tm, on the fast wednetday is Aaxutt. T3a appl{cattott(s) will be reviewed at a rrteedaB of the locd pttwsiaj afeocy m be held in Ot:sohar or b othuvyiae prac8wble'. SMALL SCALE AMEND1vlENT9 msy be approved rlthout roEar3 to statutory limia cur the frequency of coosidecation of atoeedoxnn utrdar the oondittom approved by ltw. APPLICANTS arse advised, thst if dKY decide to apped ay deeisioar rnsds at the euetieSs or bearirrOs, with rtepeet to ury nretirr ueuidwed at the aaeetirrp or lreerinjs, they will need a reco: d of the proeeaditrp and for such ptnpola, they err11 need ro bsavte tMt a vrxbatiut rcaord of the ptareedisaa is made. st their cost winch Ltcltrdes the testimony and evidetue upon whloh tlu sppoal u to be hued, pee ?,6tiA105, Fbstda tisstwa. NG 1 W ~ copy of the moss rs0ant SURVEY of Ole subject property witlt Mates and ©ounds tbn. A py d the LEGAL OESCftIP71gV. 4V t i X i T MAP showing ADJACENT 9'i'REETB end ZONING MID lr4tVD USE cfaaslhcallona o~rt..1ha ADJACENT PROPERTY. C<YJUSTIfIt;ATION for the Rsquaat based on Coca 8tsction ?~102(d). (Sea Attschod Llst) ES end ADDRESSES of eeCh pttrpetty owner wllitln 150 K, of etiCh property Ilea. tNalhted AUTHDRi7ATION ot'the Owner. IF~tts Applk¢ltt is otnar gran the OMrtter or Altaney irx Cta Owner (see babes}. C-/APPLICATION FEES: FEBS see se SHOWN BELOW plus ACTUAL COSTS itwurrad for ADVEATISIIdD or NOTII+lCATION, sad for R,EIA~1BlRt:S&'t{5N'C for TP.CHIJICAL aodlor 1'ItAFSSSiONA4 S5RV1t~s which racy be tegsiud br co»neetka with the revsaw, inspection or approval of atpr ttevebpreent (based oc acsouuting srbmittad by the City's Cwwltana} , payable prior ro ttppsoval of the pertiseat tttnse otdawlaptsent. COl~11EF)iP3I51V5 PLAN AMENDIdt1dT per Applicant 3 1 D 0 Scull Scale (Oencsaliy IO aq'lt of fewer) S !00 Latta Sins (Geaeully More thm l Osetes;l'e><t Araeadr~mts)' S 1000 ~ puluan w Clrpr ! b, t~lrrie- Alterea TOTAL DUE S 1 0 Ap.l ~4 xW G0 39tld 9N1a33NL91J3 SNtlf13 E9699b1G94 90~G[ S99Z/6i/BT r•r w-rrrirr rrMr. u q rrrii r rri ~•i-r.wa---/-irrwi.rrrq•iwi•ir.r-,rNi•.w.-ravr.r •• FOR USE WNSN APPLICANT J~Q~~ bF TF1E 9usJEOT PROPERTY: iyia is to ceedly thu 1 tm ihs t~we= in !~a +ftttple of aobject lands daorfxd N90~ia tfiir Applicadoo for Cor~saLsagivt PI.A Asmudmsot: $i~oature of Omer $N'OtII t0 ~ aHbsCi~bed bdota elif this _ day of 10,E Naiyty Public Aty cammiy;oo et~irctc Psneot0y Known Produced IdcmBfwriote (Type) _ ~ _ is{d alre es Oalh Did Nat trite tcd Oath grrr N-iwaHr•INIaFsgylMUrlLgrir1111MiNMMii/rpprrNaNr Mar\i ~r1 WirMg1H1 FOR U9lc WHEN APPLICANT (SLjJ~7_ OWNER OP SFiE SU~.JECT PROPERTY: (~ \\I ~~Y~~,~~ do htrc6y with my mwiud ai;naWCt allow Keewin Real Property Co.1o[eptwwtmeiattechea~teoflanduacofmyproparry. ibs propcrtyisidanii6edaa: TetJ'uosiN~(s). See attachat: - liultiAie PdrCe15 i.ocatsdar South side o1: $hepar~sl., lust East of S.R. 17-42 eed u ~m Identified on the Mtuiyaae4tbouada deaerlption provided with tLle Application. 3i(joaturc oLdNtrsi(a) /i' n (~ {~ Sworn m and aubam'bed 6eforc flee tlsis ~ 1 ~ • ~ l~{U~-~/ _ S*'~ day of ~ TO~.T.~ NotuyP7blie Aty Cosnrnissiot:eitpwr. PenoaaTly Known Prodoced ~' (rYDa) ~r i ~ S ~tt~nt.Q.. ' ~~1b11 tJOQtlltbf _ _ - Did tatcc an Oatfi ~ ~ f~ r aaoi Did Noe ta1o, cod Oath 3 spa x, tDO+ b@ 3JVd 91JId33NI91V3 SNtif13 E96@9bLL@b 9@ ~Li S06Z/6i/@T Comprehensive Plan Request Shepard Road Townhomes - Dittmar Property February 15, 2005 The following submittal is for the Shepard Road Townhome development in the City of Winter Springs, Florida. The existing property is located between Shepard Road and Florida Ave. on the East side of 17-92. The existing property is vacant with an industrial land use and PUD zoning. The proposed development will be fee simple townhomes and will require a land use amendment to Medium Density Residential. What effect will the proposed amendment have on the City's budget or the economy of the region? The proposed townhome development will offer approximately 350 units of residential use to a vacant piece of property. This property has been marketed as industrial development but continues to remain vacant. The townhome project will increase the city's tax base while bringing new citizens to the region. Describe how the City might provide adequate services from public facilities to the affected property. Will the amendment promote the cost effective use of or will it unduly burden public facilities? The proposed project fronts on two roads Shepard and Florida Ave. Both roads are public and provide adequate access for the townhome. Both roads access hwy 17-92 for conveyance to SR 417 and SR 434. Water and sewer lines are also available on the Power easement and Florida Ave. The proposed water system may have the ability to loop systems on Florida Ave. and improve the city's water supply. An existing lake on the property will also provide adequate outfall for the stormwater drainage on the property. Describe the impact that the proposed amendment will have on the Level of Service (LOS) of public facilities including sanitary sewer, solid waste, drainage, potable water, traffic circulation, and recreation. The additional impacts of the proposed townhome project on public facilities will be offset by unit fees and the possibility of tying systems together to improve service. Vehicle access through Shepard Road will be offset by the proximity to 17-92. Other proposed improvements may include a left turn and right tum decal Lane on Shepard Road. Sanitary sewer will also be discharged through a pressure force main to the city system. Solid waste service will be accommodated through the city's contract waste pickup. The Seminole County transfer station is within close proximity for waste handling. Drainage will be accommodated through the existing lake on the property. Additional retention will be accommodated on-site to meet the city and water management district requirements. Shepard Road Townhomes - Dittmar Property February 15, 2005 What impact will the proposed amendment have on the environmental, natural resources, historical resources of the Clty or the region? Before the project is developed a full environmental survey will be performed including wetland, threatened and endangered species, phase 1 environmental and soils surveys. Historical resources will also be addressed during the water managemerrt district permit process. The project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees. Identify surrounding neighborhoods and land use. Is tha amendment compatible with these The property to the West is predominantly industrial and commercial along 17-92. On the North across Shepard Road is also industrial property. The eastern development is multNamily with a medium density land use. Southeast is public lands and south across Florida Ave_ is a mixed use development including residential and commercial developments. Southeast is public lands. This development will be contiguous to the property on the East and is requesting the identical land use. In addition the townhome development will transition to the industrial and commercial property on 17-92. Wiil the proposed amendment promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the City or region? This amendment will promote the safety, welfare, economic order and aesthetics of the city. The proposed townhomes will include double garages and large units. These units will be offered in multiple room options to accommodate small to large families. Amenities will also be provided for the units to further promote a recreational complex. Identify how the request is consistent with the Objectives and Policies of the Comprehensive Plan. Will approval of the amendment cause any internal inconsistencies? This townhome development is COns9stent with the following elements of the comprehensive plan policy. • Under the Residential Land Use categories in the Comprehensive Plan Future Land Use Element for the City of Wsnter Springs Medium Density Residential includes townhouses up to nine units per acre. • Within the Natural Resource section the project contains a natural water body which will be maintained for the townhome amenity. • The soil types as listed in the Natural Resource section are also conducive for development as depicted in Map I-3. • Since this project exists within the city boundaries water and sewer should have adequate capacity for service as stated in the analysis section of the Future Land Use Element under the analysis section for potable water and sanitary sewer. • This project does not lie in a flood prone area as defined by the FEMA map. Based on the city's future residential land needs this project offers a transition development between the industrial /commercial property on 17-g2 and the existing multifamily development to the East. Shepard Rosd Townhomes - Dlitmer Property February 15, 2005 Describe how the proposed amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan set forth in Chapter 187, Florida Statues, and the East Central Florida Regional Policy Plan, adapted by Rule 29 F- 19.001. Florida Administrative Code. • The proposed amendment meets the State Comprehensive Plan due to the compatibility wfth surrounding land uses and transition ability. • Within the state plan infrastructure is in place to service this development. • Transportation planning includes the widening of portions of 17-92 to further allow growth in this part of the city. • State environmental concerns will be adequately addressed including local and state permitting for stormwater and preservation lands. 3 ATTACHMENT C rest f ~ i4 f t S ' ~' ~, '` ~ , i , _- ` l _ i.~ / ~i ~// ~ / C t ~ 1 ~ ~- j ~ f f ..- 1 ` .. ~I l - 1. 1~` -f 1 l ,~ ~, ~, ~ C .:_ ~ . ~~ x ~ _ ti w~ . ~-..~--__----"~ E~~ ~~ ~ - - ~ k ~ ~` -~ o ~- - f .:. ~~ 7:::1~~ ~ iiii - e~~.eaE f `\ ;~ , -"n.~~.ni ewe fe_!' ~1 t~errrrtatrr tan __ __ .. -'---- i •; rttttrTS~t ~~ ~_ ATTACHMENT D Dittmer Property FLUM Change Request Existing FUTURE LAND USE October 2005 LEGEND Commercial Industrial I Medium Density Residential Public /Semi-Public Recreation 3 x x 07 __ _ - t „ ~ ~ , ~~~, ~ ~ 1 TANGLEWOOD ~ n z ~ i 0 0 o CRESTWp 8 SUMMERLAND OR LAICES~DE 0R3 o n HEATHER ~ tANGLE '~ ~ ~; ?~b~j ~'. ~4s7LE WOODLAWN OR g1iERW 000 OH ~~ OR BR/ARWp00 OR FOF<ESt ST ~p00 "O~ THISTLE X0,0. '- 9 'L PL ~00 ~` O ~.~....., R0 ... d 0 300 600 1,200 Feet N ~[ MEAOON I d p ATTACHMENT E Dittmer Property FLUM Change Request Proposed FUTURE LAND USE October 2005 a 3 x _~ x h 0 300 600 1,200 Feet N ATTACHMENT F Dittmer Property FLUM Change Request ZONING October 2005 0 300 600 1,200 Feet N ATTACHMENT G ORDINANCE N0.2005-29 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-06-O1, 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 SEVEN (7) PARCELS OF LAND, CONTAINING 47.27 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG SHEPARD ROAD AND NORTH OF FLORIDA AVENUE, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THI5 REFERENCE, FROM CITY OF WINTER SPRINGS "INDUSTRIAL" TO CITY OF WINTER SPRINGS "MEDIUM 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 City of Winter Springs Ordinance No. 2005-29 Page 1 of 3 WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-06-O1) to the Florida Department of Community Affairs for its review and comment; 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 ofthis Ordinance are to adopt the large scale comprehensive plan amendment (LS-CPA-06-O1) designating the subject property from Seminole County "Industrial"to City of Winter Springs "Medium 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 property, depicted in Exhibit "A" as City of Winter Springs "Industrial," to City of Winter Springs "Medium Density Residential." Exhibit `~A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted comprehensive plan amendment to the Florida Department of Community Affairs, in accordance with section 163.3187(4), Florida Statutes, and Section 9J-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. 2005-29 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 , 2005. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2005-29 Page 3 of 3 ~1 ~~ ~~ ~~ Feet November I, 2005 Public Hearing Item 400 PARCEL NUMBERS 26-20-30-5AR-0000-0210 28-20-30-5AS-0600-015A 28-20-30-5AS-0600-0170 33-20-30-503-OS00-0000 33-20-30-503-0000-0150 33-20-30-503-0000-0240 33-20-30-503-0000-025A LESS AREAS 1 & 2 AS DESCRIBED: Area 1 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly described as follows: BEGIN at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence South 03°57'20" East, along the Westerly line of said WILDWOOD, for a distance of 166.02 feet to a point of curvature of a curve concave Westerly, having a radius of 175.00 feet and a delta angle of 29°59'46"; thence, continuing along the Westerly line of said WILDWOOD, run Southerly along the arc of said curve for a distance of 91.62 feet to the point of tangency; thence, continuing along the Westerly line of said WILDWOOD, South 26°02'26" West for a distance of 126.10 feet; thence, departing said Westerly line of said WILDWOOD, South 86°02'40" West for a distance of 94.04 feet; thence North 03°57'20" West for a distance of 362.73 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86°02'40" East, along said Southerly right of way line, for a distance of 180.52 feet to the POINT OF BEGINNING. Area 2 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly described as follows: COMMENCE at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence run South 86°02'40" West, along the Southerly right of way line of Shepard Road and Northerly line of said Lot 18, for a distance of 260.52 feet to the POINT OF BEGINNING; thence, departing said Southerly right of way line of Shepard Road and Northerly line of said Lot 18, South 03°57'20" East for a distance of 298.01 feet; thence South 86°02'40" West for a distance of 113.09 feet; thence North 04°49'25" East for a distance of 301.55 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86°02'40" East, along said Southerly right of way line, for a distance of 67.07 feet to the POINT OF BEGINNING. Page 13