HomeMy WebLinkAbout2004 10 06 Public Hearings Item A
i' .r
LOCAL PLANNING AGENCY AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
x
October 6, 2004
Meeting
REQUEST:
The Community Development Department - Planning Division requests that the Local Planning
Agency hold a Public Hearing to consider a Large Scale Comprehensive Plan Amendment
(Ordinance 2004-38) changing the Future Land Use Map designation from "Greeneway
Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas) for the forty
(40) acres, more or less, located on east S.R. 434, immediately across from Creeks Run Way.
PURPOSE:
ICI Homes has initiated the request for a Large Scale Future Land Use Map Amendment,
changing the Future Land Use Map designation for the 40-acre, more or less, parcel
located on East S.R. 434, so that the existing vacant property can be developed into a
mixed development of office and residential condominiums.
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 pi aIming 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
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Section 15-30. Authority. purpose and intent;
October 6, 2004
Public Hearing Item A
Section 15-36. Review criteria:
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency shalI
consider the application(s) at a Public Hearing, along with the staff review board's
recommendation, and recommend that the City Commission approve, approve with modifications
(text only), or deny the application for transmittal to the Department of Community Affairs. At a
minimum, the Local Planning Agency shalI 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:
Aug. 16, 1999- Adoption of Comprehensive Plan text and maps, creating the Greeneway
Interchange Future Land Use designation; and changing the subject
property from the previous future land use designation of "Commercial"
and "Conservation".
Sep. 16,2004- Adjacent property owners within 150' notified by Certified Mail
Sep. 23, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Oct. 6, 2004- LP A to hear the request and make recommendation
CONSIDERATIONS:
Applicant - ICI Homes (Charlie O'Sullivan), 3400 W. Osceola Pkwy. Kissimmee,
Florida 34741
Location - Generally along East S.R. 434 on the western edge of the Greeneway
Interchange District.
Site Information - The 41 acre (more or less) parcel currently has a "Greeneway
Interchange" future land use. The applicant is requesting consideration for a future land
use change to "Mixed Use".
PARCEL
Property Address:
Property Owner:
Applicant Address:
No Physical Address
Schrimsher Land Fund II, Ltd.
leI Homes, Charlie O'Sullivan
3400 W. Osceola Pkwy.
Kissimmee, FL 34741
31-20-31-5BB-0000-0 190
40 acres, more or less.
LEG W 1080 FT OF LOTS 14 + 21 N OF ROAD
SEC 5-21-31 PHILLIP R YONGE GRANT PB I PG
36
"GID- Greeneway Interchange District"
Greeneway Interchange
Mixed Use and "Conservation" (on those affected
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
areas)
Chronology of Subiect Property - The Greeneway Interchange Future Land Use
designation was adopted on August 16, 1999. The subject parcel was included in the
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October 6, 2004
Public Hearing Item A
designation, although there was lengthy discussion as to whether this parcel should be
included. The parcel previously had a "Commercial" and "Conservation" designation.
Existing Land Uses -The property is undeveloped. It is currently used for pasture land.
Adjacent existing land uses, zoning and FLUM designations include the following:
Southeast
"Greeneway
Interchange
District" WS
Undeveloped "Greeneway
Interchange
______ __Q~~Iic:.(:{~~l.__
High Density Residential "PUD- Planned
______ _~!!.i.!..!?~y~:~J~~L
Planned Unit Development "PUD- Planned
Unit Dev." (WS)
Greeneway Interchange and
Conservation Overla S
Greeneway Interchange and
Conservation Overlay (WS)
North
Commercial (WS)
South
Medium Density Residential
(WS)
East
Undeveloped
"Greeneway
Interchange
______ Di~_t.rt~!'.1W_~1_.__
"C-l
Neighborhood
Commercial"
WS
Greeneway Interchange
and "Conservation" (WS)
West
Conservation
Conservation and
Conservation Overlay (WS)
(WS) Winter Springs
Development Trends - This parcel along with the adjacent parcels north of S.R.434 are
currently undeveloped. The land immediately to the west, although zoned as "C-l" is
designated as a conservation area. The 3200-acre Tuskawilla PUD to the south of S.R.
434 was annexed into the City in 1972. There has been no development within the
Greeneway Interchange District since its establishment in 1999. However, once
developed, the Greeneway Interchange densities and intensities are anticipated to be
higher than in outlying areas.
Proposed Future Land Use Classification - The proposed change in the future land use
map designation from "Greeneway Interchange" to "Mixed Use" and "Conservation
Overlay" (on those affected areas) will not jeopardize the integrity of the district and will
allow this parcel to develop as a transition to the Greeneway Interchange. The proposed
"Mixed Use" classification will support the goals of the Greeneway Interchange to
provide employment opportunities and an increased tax base, while allowing a residential
component to the development.
Letters/Phone Calls In Favor Or Opposition - None as of September 15,2004.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Deshmation - The requested future land use map
designation was determined by evaluating the prevailing character of the immediate area,
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October 6, 2004
Public Hearing Item A
as well as evaluating the land use and the future goals and objectives of the City. The
densities and intensities allowable under "Mixed Use" are the same as those afforded by
"Greeneway Interchange" land use criteria.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
State Road 434 was fairly recently widened to four lanes and has easy access to the S.R.
417 beltway and S.R. 17-92.
Traffic Impact: Total proposed residential units = 480
Trip Generation Rate = per category #230 Residential Condo Town homes
= 5.86 ADTlUnit
= .54 trips/ unit for PM peak hours
Anticipated ADT = 2,2812.8
PM Peak = 259.2 Trips
Anticipated Traffic Distribution: 50% Eastbound, and 50% Westbound
Traffic Impact: Total SF = 80,000 SF = 400 employees
Trip Generation Rate = per category # 710 General Office
AM Peak = 400 employees x .71 = 284 Trips
PM Peak = 400 employees x .71 = 284 Trips
Anticipated Traffic Distribution: 50% Eastbound, 50% Westbound
Because the development will generate more than 300 daily trips, a traffic study will be
required during development review of the project.
A vailabilitv of Access:
The site has direct access from SR 434. Access to SR 417/Greeneway is less than a mile
to the east. Connectivity to future development to the east (into the Greeneway
Interchange District) will be preserved for vehicular and pedestrian circulation.
Function Classification:
SR 434 is a principal arterial that runs north from Edgewater Drive near Orlando to
Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within
the City of Winter Springs, S.R. 434 is a four-lane east-west divided roadway. The level
of service (LOS) is 'B' from Tuskawilla Road to the Greeneway.
POTABLE WATER:
Facilities serving the parcels: None currently
The subject parcel will connect to a water main, west of the property. Service lines will
be required to meet City of Winter Springs standards.
Residential Water Demand Estimate = 480 units (proposed) x 350 GPD = 168000 GPD
Office Water Demand Estimate = 80,000 SF (proposed) x .10 gallon per SF = 8000 GPD
WASTEWATER
Facilities serving the parcels: None currently
The subject parcel will connect to City sewer service, west of the property. Service lines
will be required to meet City of Winter Springs standards.
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October 6, 2004
Public Hearing Item A
Residential Sewer Demand Estimate = 480 units (proposed) x 300 GPD = 144,000 GPD
Office Sewer Demand Estimate = 80,000 SF (proposed) x .10 gallon per SF = 8,000 GPD
RECLAIMED WATER:
Facilities serving the parcels: None currently.
ELECTRIC SERVICE:
Facilities serving the parcels: None currently.
The City of Winter Springs is serviced by Progress Energy for electric service. Progress
Energy will provide service to this area, with no interruption of service. A future land use
change will not impact current electric rates.
SOLID WASTE:
Facilities serving the parcels: None currently.
The City of Winter Springs currently has a franchise agreement and is serviced by Waste
Services of Florida, Inc., a private solid waste contractor who will provide service to this
area.
STORMW A TER MANAGEMENT:
Facilities serving the parcels: None currently.
The stormwater management system will meet St. John's River Water Management
District, F.D.O.T., and City of Winter Springs' requirements. Stormwater runoff will be
collected via street inlets and directed to the proposed stormwater pond from which it can
be discharged through an outfall structures as required. A 36" RCP line runs along State
Road 434 on the south side. Smaller 18" RCP lines extend across State Road 434.
PUBLIC AMENITIES, RECREATION & OPEN SPACE:
The City will require the applicant to provide "public amenities with area wide benefits"
as indicated by the goals of the mixed use classification in the Comprehensive Plan. For
example, buildings may be configured to create an urban plaza. The City of Winter
Springs will be in discussion with the applicant as to what is most appropriate. The
applicant is currently indicating that 1.5 acres ofland will be designated for park and
recreational amenities.
POLICE:
The City of Winter Springs is responsible for police protection. The station closest in
proximity to the subject area is located at 300 N. Moss Road. Response times are
averaged monthly. Normal and Emergency Response Times for this area during the
month of August were 4.5 and 1.2 minutes, respectively.
FIRE:
The City of Winter Springs is responsible for fire protection. City Hall currently houses a
fire station with a response time of 3- 4 minutes to this area.
Nuisance Potential Of Proposed Use To Surrounding Land Uses -
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October 6, 2004
Public Hearing Item A
The change in designation from "Greeneway Interchange" to "Mixed Use" will not result
in any nuisance potential for the surrounding properties because proposed uses are
compatible with the "Greeneway Interchange" uses, and the subject property is
surrounded primarily by vacant land.
Natural Resources Compatibility-
The subject property includes a conservation area on the northwest portion of the site.
Because the subject property is within the conservation overlay, an environmental impact
study will be required during development review to determine exact boundaries of
conservation areas. The conservation area indicated on the northwest portion of the site is
in keeping with one of the primary objectives of the "Mixed Use" classification, which is
to include a conservation component within the development. The applicant has indicated
that a minimum of 30% of the site will be set aside for open space (conservation). The
delineation of this area will be finalized during the development review process.
SOILS
The parcel consists primarily of Myakka and EauGallie fine sands. These soils are
characterized by severe restrictions for wetness. They are nearly level, and poorly
drained. Other dominant soils within the surrounding area are St. Johns and Basinger.
These soils are also characterized by severe restrictions for wetness. Smyrna soils are
characterized by severe restrictions due to ponding, and are located in the conservation
overlay area of the site.
FLOOD PRONE AREAS
The northwest portion of the property area is located within Flood Zone AE, with a base
flood elevation of 10. This portion of the site will be placed into a conservation easement.
HISTORIC RESOURCES
None.
WILDLIFE
The conservation overlay area indicates that the site may potentially contain protected
wildlife habitat areas, in addition to hydraulic soils! wetlands and special vegetative
communities. These areas will be carefully reviewed during the development review
process to determine if there are any habitat areas to be protected or mitigated.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
The location of the Greeneway Interchange area is "to be in close proximity to the
Central Florida Greeneway (State Road 417)" (FLUE Objective 3.1). The subject area is
on the 'outlying western perimeter of the. Greeneway Interchange District, sufficiently
removed from the primary area of concentration. Therefore, the proposed Future Land
Use change from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay"
(on those affected areas) will not undermine the objectives of the Greeneway as defined
in the Comprehensive Plan.
The Greeneway Interchange District is intended to have "higher intensity uses along
major roadways and intersections to reduce development pressures in other areas, thereby
Page 6
October 6, 2004
Public Hearing Item A
minimizing the road congestion and community compatibility impacts" (FLUE pg. 1-5
(#3)). This intent will be maintained within the "Mixed Use" classification, as the office
and high density residential development will foster shorter commutes, easing traffic
burdens and helping to contairi sprawl.
The location of the subject site (with direct access to S.R.434 and in close proximity to
S.R. 417/Greeneway) complies with FLUE Policy 1.6.5 which states, "Land uses that
generate high traffic counts shall be encouraged to locate adjacent to arterial roads and
mass transit systems". Further, FLUE Objective 4.1 states "The Mixed Use category
shall be located proximate to major transportation corridors..."
The property is in compliance with FLUE Policies 4.2.1 and 4.2.2, meeting the minimum
acreage requirement often acres, as well as proposing no more than seventy-five (75)
percent of the site for residential use.
The site is illustrated in the Comprehensive Plan as having a Conservation Overlay. The
preliminary concept plan submitted by the applicant illustrates a conservation area on the
northwest corner of the parcel. An Environmental Impact Study will be required to
identify the extent of conservation area and the impact of development (FLUE Policy
1.1.7.). This study will be undertaken by a qualified professional at the expense of the
developer, and will depict the exact boundaries of the conservation area. Results will be
analyzed by staff during the development review.
The City will require a Master Plan Development Agreement, and Planned Unit
Development zoning to ensure that tracts of land are developed as a whole throughout the
"Mixed Use" category in accordance with FLUE policy 4.2.3.
Transportation Element
"The City shall encourage increased land use densities and mixed uses, consistent with
the Future Land Use Element to enhance the feasibility of transit and promote alternative
transportation modes" (TE Policy 1.5.7). The "Mixed Use" classification will foster an
environment of connectivity. Plans for development will comply with parking concerns,
access to transit centers, and designated routes for both pedestrian and bicycle
circulation.
A transit bus stop will be required to be incorporated into the development to
accommodate the 480 proposed residential units, and will be well connected to the
pedestrian circulation system. Additionally, the applicant is proposing 80,000 SF of
commercial office space. All development will need to be in accordance with the
maximum twelve (12) dwelling units per gross acre, and the 1.0 Floor Area Ratio
allowable by Comprehensive Plan specifications for the "Mixed Use" classification.
As per the Comprehensive Plan (TE pg. II-I 0), the most important factors in encouraging
transit use are mixed land uses and an urban form. Connectivity to future development to
the east will be preserved. Although 75% of the adjacent undeveloped land is within a
Page 7
October 6, 2004
Public Hearing Item A
conservation overlay area, the Mixed Use development will act as a transition to the
higher intensity future uses.
Conservation Element
The same criteria apply for both the "Greeneway Interchange" and the "Mixed Use"
classifications.
FINDINGS:
· The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan.
· The request is in conformance with the purpose and intent of the City Code and with
all applicable requirements.
· Considering the type and location of uses involved and the general character of the
area, the change of the FLUM 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.
· The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of
the Florida Administrative Code.
STAFF RECOMMENDATION:
Staff recommends that the LP A hold a Public Hearing and recommend Approval to the
City Commission for First Reading/Transmittal Hearing and Adoption of Ordinance
2004-38, a Large Scale Comprehensive Plan Amendment changing the Future Land Use
Map designation of the forty-one (41) acre (more or less) property along East S.R. 434,
from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those
affected areas).
IMPLEMENTATION SCHEDULE:
Oct. 14,2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing
Oct. 25, 2004- Transmittal Hearing / 151 Reading of Ordinance
Nov.1, 2004- Transmittal to DCA and other agencies
Jan. 24, 2004- Anticipated Adoption (tentative)
ATTACHMENTS:
A- Future Land Use Map, September 2004
B- Ordinance 2004-38 with Exhibit A (Map & Legal Description)
LP A ACTION:
Page 8
October 6, 2004
Public Hearing Item A
ATTACHMENT A
Future Land Use Map, September 2004
LAND USE CLASSIFICATION LEGEND
Ruml r;;t~
Rasldlmllal Industrial
(I 00 1 Ac.. 0""'1 J;; .:~:....:..:,1
Low Density II
Resld9i1llal Mixed Use
('.'00 b 9'" oofAcro)
Medium Density D
Rasldentlal Recreation
(3.e 00 I:> t.O 00 f -.:..)
II High Density II
Residential Conservation
(9.1 00 I:> 2'.000' Acro)
Town CQnter Public I Semi-Public
District
II Commercial D Greeneway
Inlerohangg
~ Conservation
Overlay
Page 9
October 6,2004
Public Hearing Item A
ATTACHMENT B
Ordinance 2004-38
with Exhibit A
Page 10
ORDINANCE NO. 2004-38
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELA TING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING A LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS
LS-CPA-OS-2, PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP BY
DESIGNA TING CERTAIN REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
ONE (1) PARCEL OF LAND, CONTAINING 40 ACRES MORE
OR LESS, AND LOCATED GENERALLY ALONG EAST
STATE ROAD 434, MORE PARTICULARLY AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS
REFERENCE, FROM "GREENEW A Y INTERCHANGE" TO
"MIXED USE" AND "CONSERVATION OVERLAY" (ON
THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE
DA TE 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 n, 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. 2004-38
Page ] of 3
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
the subject property large scale comprehensive plan amendment (LS-CPA-05-2) 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 of this Ordinance is to adopt the large
scale comprehensive plan amendment (LS-CPA-05-2) designating the subject property from
"Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas).
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" as "Greeneway Interchange," to "Mixed Use" and "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(1)(c)(4), Florida Statutes, and Section 9J-ll, 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. 2004-38
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 , 2004.
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. 2004-38
Page 3 of 3
October 6,2004
Public Hearing Item A
Ordinance 2004-38
EXHIBIT 'A'
LOCATION MAP
Subject
Site
LEGAL DESCRIPTION
LEG W 1080 FT OF LOTS 14 +21 N OF ROAD SEe 5-21-31 PHILLIP R
YONGE GRANT PB 1 PG 36
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