Loading...
HomeMy WebLinkAbout2007 05 29 Public Hearing 503 Ordinance Number 2007-09 CITY COMMISSION ITEM 503 Consent Information Public Hearing Regular x May 29. 2007 Meeting tv' / aAl-- Mgr.~ REQUEST: The Community Development Department - Planning Division requests that the Local Planning Agency hold a Public Hearing for Ordinance 2007-09, a Small Scale Comprehensive Plan Amendment, to change the Future Land Use Map designation of one (1) parcel containing 4.32 acres, more or less, located on the west side of DeLeon $1. at 1740 DeLeon Street from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (min. 1 acre) with "Conservation Overlay" on those affected areas. PURPOSE: To proceed with a city-initiated Small Scale Future Land Use Map (pLUM) Amendment, to change the FLUM designation for the subject property from (Seminole Co~ty) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (min. 1 acre) with "Conservation Overlay" (on those affected areas). 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 SPrin2S Charter Section 4.15 Ordinances in General. Winter SPrin2s Article III. Comprehensive Plan Amendments Section 15-30. Authority. puroose and intent: Section 15-36. Review criteria: Section 15-37. Local Plannin~ AlZency 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 May 29,2007 City Commission Public Hearing Item 503 Page 2 of 8 Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Oct. 25. 2004- Rook property annexed into the City (Ordinance 2004-48) A FLUM amendment was never adopted. Nov. 2004- Seminole County's UrbanlRural Service Boundary established by referendum. The UrbanlRural Service Boundary follows the City's eastern perimeter, placing the subject property within the urban service area. April 11. 2007- Certified letter mailed, noticing property owner of the city-initiated amendment April 17. 2007- Adjacent property owners within 150' notified by regular mail April 19. 2007- Public Noticing in Orlando Sentinel ofLPA Public Hearing May 2.2007- LPA to hold Public Hearing and make recommendation re: Ord. 2007-09 May 2. 2007- P& Z Board (LP A) heard the request and made recommendation of Adoption Mav 17. 2007- Public Noticing in Orlando Sentinel of PubHc Hearing for 1 st Reading May 29. 2007- lit Reading of Small Scale Comprehensive Plan Future Land Use Map Amendment (Ordinance 2007-09) CONSIDERATIONS: Applicant- City of Winter Springs; 1126 E. SR434; Winter Springs, FL 32708 Owner( s) - Cynthia L. Rook Location - 1740 DeLeon Street (west side of DeLeon St.) Site Information - The subject property currently has a (Seminole County) "Rural-3" Future Land Use and is being considered for this Future Land Use change to (City of Winter Springs )"Rural Residential"(min. 1 acre) with "Conservation Overlay" (on those affected areas). A Conservation Overlay already exists on the property under Seminole County. Total Acreage - 4.32 gross acres (more or less) SUBJECT PROPERTY Property Address: Property Owner: Owner's Address: Property Appraiser ParceII.D.: Property Acreage: Property Legal Description: Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: 1740 DELEON ST; OVIEDO 32765 Cynthia L. Rook 1740 DeLeon St.; Oviedo, FL 32765 03-21-31-300-007 A-OOOO 4.05 SEC 03 TWP 21 S ROE 31E N Y20FNE ~ OF SW ~OFNW ~ (LESS N 70 FT OF E 330 Fn Single Family Homestead "A-3 Agricultural 3-Acre" (Seminole Courity) Rural-3 (Seminole County) with "Conservation Overlay" Rural Residential (Winter Springs) with "Conservation Overlay" (on those affected areas) Chronology of Subject Property - The subject property has been under the same ownership for more than ten years. May 29,2007 City Commission Public Hearing Item 503 Page 3 of 8 Existing Land Uses -The subject property has been Ms. Rook's single family homestead since 1995. Adjacent existing land uses, zoning and FLUM designations include the following: i \hl!lle I ;I:illl ,(, IOIIlIIc.: ! I ' \ 1 Subject Sites Single Family Homestead A.3 Agriculture (SC) in Rural-3(fdaximum of one Winter Springs dwelling unit per 3 acres) (SC) in Winter Snrin2S North Single Family Homestead A-3 (SC) Rural-3 (SC) South Light Manufacturing A.3 (SC) Rural-3 (SC) in Winter Springs in Winter Snrin2s 'R_H'__'___ East Agriculture A-3 (SC) Rural-3 (SC) ---- West Ornamental Nursery Stock A-3 (SC) Rural-3 (SC) Production in Winter Springs in Winter Springs (WS) Winter Springs; (SC) Seminole County; Development Trends - Due in part to development pressures in the area, Seminole County sponsored a referendum in 2004, which established an Urban/Rural Service Boundary as part of the County Charter. The Boundary borders the subject property on the east, which is also the eastern edge of the City of Winter Springs. [The Boundary restricts land use changes on properties located to the east in the rural area of Seminole County, from land use changes, without the approval of the Board of County Commissioners.] The subject property is not in the area restricted by the Urban/Rural Service Boundary. Proposed Future Land Use Classification - The proposed change in the future land use designation from Seminole County "Rural-3" to City of Winter Springs "Rural Residential" with "Conservation Overlay" (on those affected areas) is compatible with adjacent land uses both in the City of Winter Springs and with adjacent agricultural lands in Seminole County. A Conservation Overlay already exists on the property under Seminole County. Letters/Phone Calls In Favor Or ODposition - None to date. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues, which staff analyzed in reviewing this application: Justification for Future Land Use Desie:nation - Although this property was annexed into the City 2-1/2 years ago, it never received a City of Winter Springs Future Land Use designation. The subject property is immediately adjacent to the City's new annexation boundary (DeLeon Street). Given the prevailing character of the area, the City Commission has directed Staff to proceed with a city-initiated Small Scale FLUM Amendment, to change the Future Land Use Map designation for the subject property from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (min. 1 acre) with "Conservation Overlay" (on those affected areas). The Future Land Use Element describes these designations as: May 29,2007 City Commission Public Hearing Item 503 Page 4 of8 "The Rural Residential category is mainly reserved for large lot single-family residences not exceeding one unit per acre. Accessory structures and primary agricultural uses may be permitted based upon the appropriate surrounding land uses." "The Conservation Overlay area shown on the Future Land Use Map (PLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric, soils/wetlands, and special vegetative communities. Included within the Conservation Overlay definition are areas within a public water well radius of SOO feet, within the 100- year floodplain, and other areas subject to environmental or topographic constraints. The area designated as conservation overlay on the FLUM is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined not to be sensitive, than the underlying land use development density and/or intensity will be applicable." The City Commission desires that the land use transition from Low Density Residential at Barrington Estates to a less intense classifIcation at the edge of the City and adjacent to the Black Hammock area. "Rural Residential" is the designation most similar to the existing Seminole County "Rural-3" designation and the least intensive of the City's future land use categories. Public Facilities - ROADSffRAFFIC CIRCULA nON: A vailabilitv of Access: Access is to the property is currently available from DeLeon Street, which connects directly to State Road 434. Improvements/eXDansions needed as a result of proposed annexation The net traffic volumes generated from the proposed change of land use are considered to be insignificant; the proposed future land use would allow no more than four (4) single family homes. POTABLE WATER: The subject property is not currently served by the City of Winter Springs for potable water. Although a.Yailable capacity exists to serve the subject property, the closest service line is at Barrington Estates. WASTEWATER The subject property is currently served by a private septic system for wastewater services. Although available capacity exists to serve the subject property, the closest service line is currently available along State Road 434 and within Barrington Estates. RECLAIMED WATER: There are currently no reclaimed water service lines in this area. ELECTRIC SERVICE: The City of Winter Springs is serviced by Progress Energy for electric service. SOLID WASTE: The City of Winter Springs currently has an exclusive franchise agreement with a solid waste hauler, Waste Pro of Florida, Inc. who will provide service to this area. May 29,2007 City Commission Public Hearing Item 503 Page 5 of8 STORMW A TER MANAGEMENT: Future development will be subject to the Florida Dept of Environmental Protection (FDEP) Outstanding Florida, Waters Program standards for stormwater management as required for Barrington Estates. RECREATION & OPEN SPACE: Future development will be required to meet concurrency standards for park and recreational facilities as required by the City's Comprehensive Plan Recreation and Open Space Element. POLICE: Under the First Response Agreement between the cities and the County, the closest entity will service the subject property. It is likely that the Oviedo Police would be the first responders. FIRE: Under the First Response Agreement between the cities and the County, the closest entity will service the subject property. A Fire Station is currently housed in City Hall, approximately four miles from the subject property. Emergency Service Response Time is less than five minutes. Nuisance Potential OfProoosed Use To Surroundin2 Land Uses- The change in designation from (Seminole County) "Rural-3" to (City of Winter Springs) "Rural Residential" with "Conservation Overlay" (on those affected areas) will not result in any nuisance potential for the surrounding properties. The proposed future land use is the least intense of the City's future land use categories and adjacent properties to the west and south are also being considered, concurrently with this property, for the same future land use change. Natural Resources Comoatibilitv- The property has a significant amount of natural vegetation along the south and west property lines, providing a natural buffer and effectively screening it from adjacent properties. FLOOD PRONE AREAS A drainageway follows the south perimeter of the property line and connects to the Solary Canal that runs north on the west side of DeLeon Street. These drainageways and associated uplands are indicated on FEMA maps as floodways and flood plains. Residential structures are not allowed within the flood plain. The Conservation Overlay includes these areas. No known wetlands exist on the property. Any future development will be required to comply with FDEP and SJRWMD regulations. SOILS The dominant soils on the subject property are Basinger/Delray fine sands which are characterized as being nearly level and poorly drained and very poorly drained. These soils are poorly suited to use for homesites and other urban development due to wetness. To overcome wetness, a water control system will be needed to provide for subsurface drainage and to remove excess surface water. Fill material will be required to be added to make the site suitable for urban purposes. HISTORIC RESOURCES None identified. May 29, 2007 City Commission Public Hearing Item 503 Page 6 of 8 WILDLIFE An environmental analysis will be required to identify if any listed species are located on the site and appropriate permits must be obtained before any removal takes place. CONSISTENCY WITH THE COMPREHENSIVE PLAN Consistency with the Comprehensive Plan is determined when the land uses, densities, or intensities, capacity or size, timing and other aspects are compatible with and further the objectives, policies, land uses and densities or intensities in the comprehensive plan. Need for Residential Land The Comprehensive Plan indicates that a substantial amount of new housing units will be needed from 2000 to 2010 to serve City residents. The City's Housing Element, Policy 1.1.1 states, "The City's Future Land Use Map shall include adequate amounts of land to accommodate the projected housing growth." Changing the future land use designation to "Rural Residential" furthers the intent of the Future Land Use Element for increased residential property in the City. Recently, the City adopted an Annexation Boundary into its Code and is adding similar language into the Comprehensive Plan that limits the expansion of the City's boundary to the east. Such action will limit lands available for development and will encourage infill development. The "Rural Residential" classification allows a maximum of one unit per acre, which would allow three additional homes in addition to the existing homestead. Intergovernmental Coordination The Comprehensive Plan Intergovernmental Element clearly states that the City is to coordinate and promote land use compatibility with other governmental entities as plans are reviewed (Future Land Use Element, Objective 1.7 and Policy 1.7.1). Intergovernmental notices of the public hearings were given to the Seminole County School Board, Seminole County, and the City of Oviedo. No formal response was been received either in support or objecting to the requested change in land use. FINDINGS: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region,' The proposed amendment will have no effect on the City's budget until such time as the property further develops. (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities; The inclusion of an additional three (3) single family residential units will not reduce the current operating capacities or LOS for public facilities in the City. (3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; The proposed amendment allows the continued use of the site as a homestead resulting in no unfavorable impacts to the environment and identifies areas that may be environmentally sensitive with the designation of "Conservation Overlay". Any future development will be subject to DEP and SJRWMD regulations. May 29, 2007 City Commission Public Hearing Item 503 Page 7 of8 (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, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (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 proposed amendment will resolve the fact that the land use was never subsequently changed to a Winter Springs category after annexation from Seminole County in 2003 and will further enable Winter Springs to provide services in a more efficient manner; The City has public facilities in place to supply water and sewer service to the area at such time as distribution lines are extended to the property . (6) Whether the amendment is compatible with surrounding neighborhoods and land use; The change of the Future Land Use Map designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. (7) Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; 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. LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardlLP A on May 2, 2007, the Board! Agency recommended unanimous approval of Ordinance 2007-09, with a vote of 4-0. A copy of the unapproved miriutes are attached as Attachment 'B'. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 1 st Reading of Ordinance 2007-09, a Small Scale Comprehensive Plan Amendment, changing the Future Land Use Map designation of one (1) parcel containing 4.32 acres, more or less, located on the west side of DeLeon May 29,2007 City Commission Public Hearing Item 503 Page 8 of8 St. at 1740 DeLeon Street from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (min. 1 acre) with "Conservation Overlay" on those affected areas. ANTICIPATED IMPLEMENTATION SCHEDULE: Mav 29. 2007- lit Reading of Small Scale Comprehensive Plan Future Land Use Map Amendment (Ordinance 2007-09) June 25. 2007- Anticipated City Commission Public Hearing for 2nd Reading and Adoption. ATTACHMENTS: A- Noticing in the Orlando Sentinel B- Minutes from the P&Z / Local Planning Agency Meeting, May 2, 2007 C- Current Future Land Use Map, April 2007 D- Proposed Future Land Use Map, April 2007 E- Ordinance 2007-09 with Exhibit A (Map & Legal Description) CITY COMMISSION ACTION: G4 Orlando Sentinel ATTACHMENT A LEGAL NOTICES NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE NO. 2007-06 AN ORDINANCE Of THE CITY COMMISSlON THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA. RELATING AOOPTlON Of AN AMENlMENT 10 1llE R/TURE lAItl USE MAP BY DESIGNA1I<<l CEIlTAIN REAL PROPERlY WllHlH TIt: CIIY COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; 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 TWO (2) PARCELS OF LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS, PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL" 3 TO CITY OF WINTER SPRINGS 'PUBLIC/SEMI PUBLIC' WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDlNG FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNlTY AFFAIRS; PROVIDING FOR 'TRANSMITTAL OF THE PALN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR 'THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (See Map below, Site '1', for location).STENT ORDINANCES AND ORDINANCE NO. 2007-07 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; 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 THREE (3) PARCELS OF LAND, CONTAINING 29.3 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN, MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT 'A', ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); 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. (SEE MAP BELOW SITE '2' FOR LOCATION). ORDINANCE NO. 2007-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CTY Of WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON STREET IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBT 'A' ATTACHED HERETO, FROM SEMINILE COUNTY 'RURUAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '2', FOR LOCATION). ORDINANCE NO. 2007-10 AN ORDINANCE Of THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 'EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE COUNTY 'RURAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE AFFECTED' AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '3' FOR LOCATION). ORDlNANCE NO. 2007-14 AN ORDINANCE Of THE CITY COMMlSSION OF THE CITY OF WINTER SPRINGS FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING THREE (3) PARCELS TOTALING 29.3 ACRES, MORE OR LESS, AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R-C1 SINGLE FAMILY DWELLING'; PROVIDING FOR THE REPEAL OF PRIOR; INCONSISTENT ORDINANCES AND RESOLUTIONS SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE'3' FOR LOCATION). ORDINANCE NO. 2007-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON STREET IN WINTER SPRINGS, FLORIDA AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R C-1 SINGLE FAMILY DWELLING', PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION). ORDINANCE NO. 2007-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R-C1 SINGLE FAMILY DWELLING'; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION). PUBLIC HEARINGS FOR FIRST READING & TRANSMITTAL WILL BE HELD ON TUESDAY, MAY 29.2007 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION ,CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 4.34 WINTER SPRINGS, FLORIDA The proposed ordinances may be ,obtained by Interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerks Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities, needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800. #236, These are pubic hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 2, 2007 PAGE 9 OF 13 "I MOVE THAT [AGENDA ITEM] '502' BE APPROVED AS PRESENTED CHANGING THE 29.3 ACRES MORE OR LESS LOCATED WEST OF DELEON [STREET] AT CRESS RUN FROM SEMINOLE COUNTY 'A-3' AGRICULTURE TO WINTER SPRINGS 'R-Cl' SINGLE FAMILY DWELLING DISTRICT." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARDMEMBERBROWN: AYE BOARDMEMBERRYSER: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. Ms. Sahlstrom noted that, "We will take this forward on May 29th [2007]." PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2007-09, A Small Scale Comprehensive Plan Amendment, To Change The Future Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those Affected Areas. Ms. Sahlstrom introduced this Agenda Item, displayed an Aerial view of the property and said, "Staff does recommend that you hold a Public Hearing and recommend Approval to the City Commission for Adoption of this Ordinance which is a Small Scale Comprehensive Plan Amendment to change the Future Land Use Map (FLUM) designation of one (1) parcel from 'Rural-3' to Winter Springs 'Rural Residential' with 'Conservation Overlay' on those affected areas. And, if you do make a recommendation to move this forward, it will go to the City Commission on May 29th [2007] and because it is a Small Scale Comprehensive Plan Amendment, it does not have to be Transmitted to the State for review. We transmit it to them after an Adoption just for their records. And so, Adoption is anticipated most likely for June 25th [2007]." Chairman Poe opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 2, 2007 PAGE 10 OF 13 "I WOULD LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL TO THE CITY COMMISSION FOR ADOPTION OF ORDINANCE 2007-09 CHANGING THE FUTURE LAND USE MAP (FLUM) DESIGNATION OF THE SUBJECT PROPERTY FROM SEMINOLE COUNTY 'RlJRAL-3' TO WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' ON THOSE AFFECTED AREAS." MOTION BY VICE CHAIRPERSON TILLIS. SECONDED BY ADVISORY BOARD MEMBER RYSER. DISCUSSION. VOTE: VICE CHAIRPERSON TILLIS: AYE CHAIRMANPOE: AYE BOARD MEMBER BROWN: AYE BOARDMEMBERRYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests That The Planning And Zoning Board I Local Planning Agency Hold A Public Hearing For Ordinance 2007-15, Which Rezones A Parcel Containing 4.32 Acres, More Or Less, Located On The West Side or DeLeon Street At 1740 DeLeon Street From "A-3" Agricultural (Seminole County) To "R-Cl" (City Of Winter Springs) Single Family Dwelling District" (Minimum Lot Size-l Acre). Ms. Sahlstrom presented this Agenda Item and said, "The property owner was notified by 'Certified' mail as well as the adjacent property owners. This is a City initiated request to change it from 'A-3' Agriculture to 'R-Cl' which would be a minimum lot size of one (1) acre." Ms. Sahlstrom stated, "We analyzed the Request against the fourteen (14) Criteria in the Code and found that it met the review standards, it satisfied those standards, and therefore, Staff does recommend you hold a Public Hearing related to Ordinance 2007-15 and that you would make a recommendation of Adoption to the City Commission to Adopt the change of Zoning to 'R-Cl '." Chairman Poe opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM '504' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. ATTACHMENT C CURRENT FUTURE LAND USE MAP APRIL 2007 ATTACHMENT D PROPOSED FUTURE LAND USE APRIL 2007 ATTACHMENT E ORDINANCE NO. 2007-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE ORLESS,AND LOCATED AT 1740 DELEON STREET IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ONEXlDBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1)( c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on May 2, 2007, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered fmdings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER l .:' City of Winter Springs Ordinance No. 2007-09 Page 1 of 3 =----. 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 Regulation Act. Section 3. Purpose and Intent. It is hereby 'declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit" A" from Seminole County "Rural-3" to City of Winter Springs "Rural Residential" with "Conservation Overlay" (on those affected areas). 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 Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)( c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the Florida Department of l .:' City of Winter Springs Ordinance No. 2007-09 Page 2 of 3 =---- Community Affairs or the Administration Commission issues a fmal order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. 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. 2007-09 Page 3 of 3 I ~~ =----- EXHIBIT A Ordinance 2007-09 ST. Site Parcel # & Leaal DescriDtion: 03-21-31-300-007A-0000 SEe 03 TWP 21 S RGE 31E N % OF NE %OF SW %OF NW% (LESS N 0 FT OF E 330 FT)