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Home My WebLink About2007 09 10 Public Hearing 505 2nd Reading and Adoption of Ordinance 2007-07 CITY COMMISSION ITEM 505 Consent Information Public Hearine: X Ree:ular September 10.2007 Meeting ~~ REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing for 2nd Reading and Adoption of Ordinance 2007-07, a Large Scale Comprehensive Plan Amendment, which changes the Future Land Use Map designation of three (3) parcels containing 29.3 gross acres, more or less, located immediately west of DeLeon St. at Cress Run from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (up to 1 unit per gross acre) with "Conservation Overlay" (on those affected areas). PURPOSE: To proceed with a city-initiated Large Scale Future Land Use Map (FLUM) Amendment, changing the FLUM designation for three (3) parcels located immediately west of DeLeon St. at Cress Run from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (up to 1 unit per gross 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 Sprin1?:s Charter Section 4.15 Ordinances in General. Winter Sprin1?:s Article III. Comprehensive Plan Amendments Section 15-30. Authority. purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staffreview board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny September 10, 2007 City Commission Public Hearing Item 505 Page 2 of9 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 LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Nov. 27. 2000- Annexation of Subject Property (Ordinance 2000-40). Seminole County and the City of Oviedo formally objected to the annexation. A FLUM amendment was never adopted. Nov. 2004- Seminole County's Urban/Rural Service Boundary established by referendum. The Urban/Rural Service Boundary follows the City's eastern perimeter, placing the Montgomery property within the urban service area. April I!. 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 Mav 2. 2007- LP A held a Public Hearing and made recommendation of Approval re: Ord. 2007-07 May 17.2007- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading May 29. 2007-Transmittal Hearing for Large Scale Comprehensive Plan Future Land Use Map Amendment (Ordinance 2007-07) Aug. 22. 2007- Receipt ofORC Report from Florida DCA. Sept. 2.2007- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, FL 32708 Owner(s) - Donald E. Weaver, Trustee Location - Between Barrington Estates and DeLeon Street, north of Florida Av. at Cress Run Site Information - The following three (3) parcels currently have a (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) Future Land Use and are being considered for this Future Land Use change to (City of Winter Springs )"Rural Residential" (up to 1 unit per gross acre) with "Conservation Overlay" (on those affected areas). Total Acreage - 29.3 from survey (30.32 from property appraiser's data) PARCEL 'A' Property Address: Property Owner: Owner's Address: Property Appraiser Parcel I.D.: Property Acreage: Property Legal Description: Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: 226 CRESS RUN (STE 1000 & 1008); OVIEDO 32765 Donald E. Weaver, Trustee 844 Lake Mills; Chuluota, FL 32766 03-21-31-300-004B-0000 5.80 SEC 03 TWP 21 S RGE 31E N 2/3 OF S 0/. OF E Y, OF SW Y. OF NW II. (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S TO A PT W OF BEG E TO BEG & RD) Non-Conforming Use in Light Manufacturing "A-3 Agricultural 3-Acre" (Seminole County) "Rural-3" with "Conservation Overlay" (Seminole County) "Rural Residential" with "Conservation Overlay" (Winter Springs) September 10, 2007 City Commission Public Hearing Item 505 Page 3 of9 PARCEL 'B' Property Address: Property Owner: Owner's Address: Property Appraiser Parcel I.D.: Property Acreage: Property Legal Description: Existing Land Use: 217 CRESS RUN; OVIEDO 32765 Donald E. Weaver, Trustee 844 Lake Mills; Chuluota, FL 32766 03-21-31-300-004C-0000 1.37 SEe 03 TWP 21S ROE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S lOa FT OF E 19 FT) Non-Conforming Use in Light Manufacturing (Warehouse Distribution & Storage) "A-3 Agricultural 3-Acre" (Seminole County) "Rural-3" with "Conservation Overlay" (Seminole County) "Rural Residential" with "Conservation Overlay" (Winter Splings) Existing Zoning: Current Future Land Use: Proposed Future Land Use: PARCEL 'C' Property Address: Property Owner: Owner's Address: Property Appraiser Parcel I.D.: Property Acreage: Property Legal Description: Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: CRESS RUN; OVIEDO 32765 Donald E. Weaver, Trustee 844 Lake Mills; Chuluota, FL 32766 03-21-31-300-0090-0000 19.1 SEC 03 TWP 21 S RGE 31E W YzOF SW If. OFNW If. Agricultural- Ornamental Nursery Plant Material "A-3 Agricultural 3-Acre" (Seminole County) "Rural-3" with "Conservation Overlay" (Seminole County) "Rural Residential" with "Conservation Overlay" (Winter Springs) Chronology of Subiect Property - The Weaver property has been under the same ownership for more than twenty years. At one time this property was utilized for the production of water cress. Existing Land Uses - The largest parcel is currently leased to COD trees for the production of ornamental nursery stock and includes a cell tower. One of the parcels contains numerous steel buildings which are leased to various tenants with non-conforming light industrial uses including warehousing, storage and distribution. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM South Generally Undeveloped A-3 Agriculture (SC) in Winter S rin s A-3 (SC) in Winter Sprin~ A-3 (SC) in Winter S rin s Rural-3 (maximum of one dwelling unit per 3 acres) (SC) in Winter S rin s Rural-3 (SC) in Winter S rin s Rural-3 (SC) in Winter S rin s Rural-3 (SC) Low Density Residential (WS) Subject Sites Ornamental Nursery Stock Production and Li ht Manufacturin Generally Undeveloped North East Light Manufacturing/Agriculture A-3 (SC) ._.___.___.__._.__._._._._._.__.__....__ ....___.__...__._._.._._.._._.._._"_"....,,.._._.._._.._.._._.._._..____.__~._._..._...._.. .._._..._.._._.._._.._.__..._._._._.._._.._.W......H.._._..._."_ West Single Family Residential R-I (WS) (WS) Winter Springs; (SC) Seminole County; Development Trends - This area of the County is experiencing intensive development pressure as evidenced by new development along SR 434 and Florida Avenue. For this reason, Seminole County sponsored a referendum, establishing an Urban/Rural Service Boundary as part of the County Charter in 2004. The Boundary borders the subject property on the east, which is also the eastern edge of the September 10, 2007 City Commission Public Hearing Item 505 Page 4 of9 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 map designation from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential" is compatible with adjacent land uses in the City of Winter Springs. Letters/Phone Calls In Favor Or Opposition - The property owner is opposed to this change. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues, which staff analyzed m revIewmg this application: Justification for Future Land Use Desienation- Although this property was annexed into the City six and a half 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" (up to 1 unit per gross acre) with "Conservation Overlay" (on those affected areas). The Future Land Use Element describes these designations as: "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." In addition, portions of the site as described hereafter are included in a Conservation Overlay. The Future Land Use Element describes this designation as: "The conservation overlay area shown on the Future Land Use Map (FLUM) 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 500 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, then 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. September 10, 2007 City Commission Public Hearing Item 505 Page 5 of9 Concurrency - The request for a large scale comprehensive plan amendment, which is viewed as a preliminary development order (where no approval for construction is made), is not subject to Concurrency. Concurrency review has been deferred until application for a final development order for the subject property, in accordance with the Concurrency Management System established in the City's Comprehensive Plan. Public Facilities - ROADS/TRAFFIC CIRCULA nON: A vailabilitv of Access: Access is to the property is currently available from DeLeon Street (a Minor Collector Street), which connects to S.R. 434. (This access is shared with Eagle Bay Wood Products, Inc.) The south edge of the property abuts the undeveloped Florida Avenue R.O.W. The small ROW referred to as Beacon St. which connects to S.R. 434 along the west edge of the property is not available as an access due to its narrow width and environmental constraints (wetlands). Although access from the site will not be directly off of S.R. 434, it is expected that the majority of traffic to and from the site will connect to S.R. 434. The proposed land use allows up to one unit per gross acre, equaling a maximum of 29 single family homes, dependant upon the exact acreage. Twenty-nine (29) units might generate an estimated 277 daily trips and 29 PM peak hour trips per the ITE Trip Generation Report, 1h Edition. A weekday traffic count performed in 2006 at Cress Run and DeLeon Street by TPD, Inc. showed that the current use of the site generates 146 daily trips and 22 PM peak hour trips. Therefore the net change in trip generation (at such time as the property develops based on 29 single family detached homes) is approximately 131 daily trips and 7 PM peak hour trips, which would be considered an insignificant increase in traffic. POTABLE WATER: The subject property is not currently served by the City of Winter Springs for potable water. A 12" service line extends on the north side of State Road 434 along the Barrington Estates frontage. A water line also extends from Westcott Loop and Wrentham Ct. through Barrington Estates to the west property line of the subject property, but is probably not adequately sized to support connection. Tie in would need to connect at the 8" Westcott Loop/Wrentham Ct. water main or at S.R. 434. Available capacity exists to serve future development. WASTEWATER Current uses within the property area are served by private septic systems for wastewater services. City sewer service is currently available along State Road 434 and within Barrington Estates. Available capacity exists to serve future development. RECLAIMED WATER: There are no reuse water lines within the vicinity of the subject property. ELECTRIC SERVICE: The City of Winter Springs is serviced by Progress Energy for electric service. September 10, 2007 City Commission Public Hearing Item 505 Page 6 of9 SOLID WASTE: The City of Winter Springs currently has an exclusive franchise agreement with a solid waste hauler, Waste Pro of Florida, Inc. who provides service to this area. STORMW A TER MANAGEMENT: The property 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 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 Of Proposed 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) and future development of the properties into single family detached residential lots is compatible with surrounding properties and will not be a nuisance to the adjacent properties. The Rook and Montgomery properties to the east are also being considered for the same land use change. Natural Resources Compatibilitv- The properties under consideration include environmentally sensitive areas. Approximately 25-30% of the property is constrained by wetlands. Any future development will be required to comply with the SJRWMD requirements related to wetland mitigation and will be required (by Winter Springs) to include a 25' upland wetland buffer to any wetlands not being mitigated and placed in a conservation easement. The Conservation Overlay designation includes this area. The State indicates that this area of Lake Jesup uplands has at least a moderate possibility for archaeological resources and that a historic resource survey should be completed prior to development. 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. It can be assumed that fill material was previously placed on-site prior to its initial development. September lO, 2007 City Commission Public Hearing Item 505 Page 7 of9 FLOOD PRONE AREAS The Salary Canal flows north on the west side of DeLeon Street. This drainageway and the land immediately around it are indicated on FEMA maps as floodways and flood plains. However, the Canal is deeply channeled and staff is unaware of any flooding. Current City code does not allow construction of any structures within the flood plain. The Conservation Overlay includes this area. Any future development will be required to comply with FDEP and SJRWMD regulations. The site does not have an on-site stormwater collection system. HISTORIC RESOURCES N one identified. WILDLIFE An environmental analysis will be required prior to future development to identify if any listed species are located on the site. Appropriate permits will be required before any future development occurs. 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 up to 29 homes. Land Use Compatibility 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" and Future Land Use Element, Policy 1.5.1: Inconsistencies, states: "Proposed land use amendments which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City." The removal of the non-conforming industrial uses currently existing on this property will further this objective of the Comprehensive Plan. 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 ofthe public hearings were September 10, 2007 City Commission Public Hearing Item 505 Page 8 of9 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. 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" and Future Land Use Element, Policy 1.5.1: Inconsistencies, states: "Proposed land use amendments which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City." The removal of the non-conforming industrial uses currently existing on this property will further this objective of the Comprehensive Plan. 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. Wetland Buffers 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 unavoidably impacted by development, the development will be subject to the mitigation requirements of the pertinent regulatory agency. " The development will be required to provide this buffer to wetlands. 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. Transportation Element Transportation Element Objective 1.7 states, "Throughout the planning period, the City shall coordinate the transportation system needs with land use designations and ensure that existing and proposed population densities, housing, and employment patterns and land uses are consistent with the transportation modes and services proposed for these areas" and Objective 1.9 states, "Traffic circulation planning will be coordinated with... transportation related agencies. " As stated in the analysis, the net traffic volumes generated from the proposed project are considered to be insignificant when compared to the existing volumes on S.R. 434. FINDINGS: (1) The Florida Department of Community Affairs raised no objections to the proposed amendment; (2) The proposed amendment has been properly noticed; (3) The Local Planning Agency on May 2, 2007, held a Public Hearing, considered the findings, and recommended Approval. (4) The proposed amendment does not diminish the city's budget, or the economy of the city or the regIOn; (5) The additional single family homes allowed under the proposed amendment will not reduce the September lO, 2007 City Commission Public Hearing Item 505 Page 9 of9 current operating capacities or LOS for public facilities in the City. (6) The proposed amendment will have a positive impact on the environment and natural resources in the region as future development of the property into residential homes will be required to provide stormwater management for a site that currently has none and that has historically had uses that may have contributed to stormwater contamination. Stormwater will be subject to the FDEP Outstanding Florida Waters Program standards for stormwater management. (7) The proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no longer required as this rule was repealed; (8) The proposed amendment will not unduly burden public facilities; (9) The proposed amendment helps to maintain the adjacent rural character of the Black Hammock and is compatible with the adjacent land uses; (10) The proposed amendment is consistent with the City's Comprehensive Plan; (11) The proposed amendment does not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (12) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida Administrative Code. LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardlLPA on May 2, 2007, the Board/Agency recommended unanimous approval of Ordinance 2007-07, with a vote of 4-0, based on "satisfaction of all the findings." STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2007-07, a Large Scale Comprehensive Plan Amendment, which changes the Future Land Use Map designation of three (3) parcels containing 29.3 gross acres, more or less, located immediately west of DeLeon St. at Cress Run from (Seminole Co.) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (up to 1 unit per gross acre) with "Conservation Overlay" (on those affected areas). IMPLEMENTA TION SCHEDULE: Sept. 10,2007- City Commission 2ND Reading/Adoption Hearing Sept 17,2007- Submittal to DCA for Compliance Review (within 10 days of adoption) The ordinance will become effective after 21 days of the issues of "Notice of Intent" by the Florida Department of Community Affairs to find the large scale comprehensive plan amendment in compliance. [ref: 163.3184 (lO)(a) F.S.] ATTACHMENTS: A- Noticing in the Orlando Sentinel B- ORC Report C- Current Future Land Use Map, April 2007 D- Proposed Future Land Use, April 2007 E- Ordinance 2007-07 with Exhibit A (Map & Legal Description) CITY COMMISSION ACTION: ATTACHMENT A ULTRASOUNDTESTS OF THE HEART & ARTERIES [ o r ~ " 1!. ... :z: c 1::' c ~ - -. L-~ m=-~ f ~- " .- ,: If t~~ - " ~.~l ,'..~ ~ ' '; ~ ,I l' ' ..... ----- ..::::- ~ -< .::< 8 ... Ie: Heart Attack ~revention Package Echocardiogram c) Echocardiogram is a video ultrasound of the h~rt.lt may detect enlargement of Ultrasound Test the heart. valve abnormalities, blood clots and tumors. Electrocardiogram E) EKG may detect ischemia, silent heart attack and atrial fibrillation: EKG (EKG) Test provides a picture of the electrical ' activity of the heart Hardening of c) Hardened arteries cause the heart to the Arteries work harder, which leads to vascular disease. ASI test shows the degree of '(ASlTest) hardening of arteries. ALL 3 TESTS .. These cardiac tests are painless and non- invasive.Their combined cost is more than S 1,300 at most hospitals. Stroke & Aneurysm Prevention Package Stroke/Carotid Artery Ultrasound Test c) Many strokes are associated with blockages in the carotid arteries that ' may be detected with an ultrasound. ; I., ." .1 Abdominal aortic aileurvsmsforin as a 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 lHE CrIY COMMISSlOtl OF THE CrIY OF WlHTER SPRINGS. SEMINOlE COUNTY, flORIDA. RElATltll TO COMPREHENSM PlANNING; SETTING FORlH AI<<) AIlOPTlNG A lARGE SCAlE COMPREHENSM PlAN AMEt<<lMENT; PROWlING FOR AOOPTION OF AN AMEMlMENT TO 1HE R/l\JRE ~ USE lW' Iff DESIGNAJIIG CERTAIN REAL PROPERlY WITHIN 1HE CrJY OF WINTER SPRINGS GENERAUY OESCR18EO AS 1WO (2) PARCELS OF lNIl. CONTAIMNG 28.9 GIlOSS AmES. MORE OR lfSS, AND LOCATED GENERALlY AT TIt: SOU1llWEST CORNER OF THE INTERSECllOH OF DElEON STlIEET AND HOWARD AVEIllE, MORE PARTlCULARLY DEPICTED AI<<) lEGAI.lY DESCRIBED HERElN IN EXHIltr ~" ATTACHED HERETO. FROM SEMINOLE CDlMY "RURAL-3" TO CIlY OF WINTER SPRINGS "PlJBUC/SBI-PUIlUC" WITH "CONSERVA11ON OVERLAY" (ON THOSE AffEC1ED AREAS); PI\Ov1DING AN EffEClM OATE ANO LEGAL STATUS OF THE PlAN AMENlIoOT; PIIOVIlING FOR TRANSMITTAL OF lHE PlAN TO THE DEPARTlIIENT OF COMMUNllY AfFAIRS; PRO't'IlING fOR 'THE ..REPEAL OF PRIOR INCONSISTENT ORDiNANCES AND RE~. SEVERABIlITY. AND AN EffEClM DATE. (See lW' below, SIll 'r.lor JocaIion) ORDINANCE NO, 2007-07 AN ORDINANCE OF THE CrIY ODMMISSION OF 1HE CrIY OF WINTER SPRINGS. SEMINOLE COUNTY. RDRlOA. RElATING TO COII'REHENSIVE PlANNING; SETTING FORTH AND ADOPTlNG A lARGE SCAlI CllMPREHENSlIIE PlAN AMENiMENr. PROVIlING FOR AllOP'l1ON OF AN AMENDMENT TO THE RJl1IlE lNIl USE lW' Iff DESIGNATII<<i CEllTAIN REAL PROPERlY'MlHIN 1HE CrJY OF WINTER SPRINGS GENERALlY DESCRIBfD AS l1iREE (3) PARCELS OF lNIl, CONTAIlING 29.3 GROSS ACRES MORE 011 LESS. AI<<) UicATED GENERAll.Y ON lHE WEST sa !iF. DElEON STREET AT CRESS RUN. MORE PAR11CIJ1.ARIY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT ~. ATTACHED HERETo. FROM SEMINOlE CWf1Y "RUIW..-3' TO CrIY OF WINTER SPRINGS 'iVJRAL RESIOENTIAL" WITH "CONSERVATION OVERLAY" (ON lHOSE AffECTED AREAS); PROWlING AN EffECTM om AND lEGAL STATUS OF THE PlAN AMEIOENT; PROVIOING FOR TRANSMITTAl OF TIt: PlAN TO 1HE DEPARTlIIENT OF COMMUNflY Affi\IlS; PROVIDING FOR lHE REM OF PRIOR INCONSISTtNT ORDINANCES AI<<) RESOl.II11QNS, SEVERAllIUlY. AND AN EFFECTM DATE. (See MAP below, SIll '2', lor klcation) ORDINANCE NO,2007-09 AN ORDINANCE OF THE C/lY COMMISSION. OF TIt: CrIY OF WINTER SPRtlGS. SEMINOlE COIJNT'( R..ORIDA. ADOPTING A SMALL SCALE CIlMPREHENSM PlAN AMENDMENT Iff CHANGING THE RlTURE lAND IlSE MAP DESIGNATION OF THE REAL PROPERlY CONSTTIlITIlG lINE (1) PARCEl TOTAUNG 4.32 AmES, MORE OR LESS, AND LOCATEO AT 1740 DElEON STREET~ WINTER SPRINGS, RDRIIA, AI<<) MORE PARTlCUtARlY DEPIC1m AND LEGALLY DESCREED ON EXHIBIT .,," ATTACHED HERETO. FROM SEIoINOLE COUNTY "RURAL-3" TO CIlY OF WINTER sPRINGS "RUIW.. RESIIEII1'W.- WITH "CONSERVATION OVERLAY" (ON THOSE AffECTED AREAS); PROVIllNG FOR TIt: REPEAL OF ~ INCOIlS1STENT OIIlllNANCES AND RESOlllT1ONS. SEVERAllUlY. INCORPOIIATIOH INTO fIlE COMPREHENSIVE PlAN. AI<<) AN EFFEClM DAlE. (See MAP below. SIll '2', lor 1oeIlIon). ORDINANCE NO; 2007-10 AN OROINANCE OF lHE CrJY COMMISSION OF 1HE CrIY Of WINTER SPRHiS. R.ORIDA, ADOPTING. A SMAll SCAlE COMPREHENSM PLAN AMENOMENT Iff CHANGIlG THE RlTURE lAND USE lW' DESlGHATION Of 1HE REAl PROPERlY CONSTITUTING lINE (1) PARCEL TOTALING 1.6 ACRES. MORE OR lfSS, AND LOCATED ~ 201 CRESS RlJl ~ WlNfER SPRINGS. FlORIDA. At<<> MORE PARllClURlY DEPICTED AND LEGALLY DESCRl8ED ON EXHIBIT .,,' AnACHED HERETO. FROM SEMINOLE COUNTY "RURAL.3' TO CrIY Of WINTER SPRINGS "RURAL RESIlENllAL" WITH "CONSERVATION OVERlAY" (ON THOSE AFFECTED AREAS); PROvlDtNG FOR lHE REPEAL OF PRIOR INCDNS1STENT OROtNANCES AND RESOlUTlllNS, SEVERAllft.IlY.lNCORPOlWION INTO 1HE COMPREHENSM PlAN, AND AN EFFECTM om. (See lW' below. Slb1 '3'. fill locatIOn) ORDINANCE NO. 2007-14 AN ORDlNAl!CE OF THE CrIY COMMISSION OF 1HE CrJY OF WINTER SPRINGS~ FLORIlA. CHANGING 1HE ZONING MAP DESIGNATION . OF lHE REAL PROPERlY CONSTITUlIlG lHREE (3) AW:ELS TOTALING 29.3 AmES, MORE OR lESS. AND LOCATED GEHEIIAllY ON THE WEST SlOE OF DElEON STREET AT CRESS RUN ~ WINTER SPRINGS, R.ORIDA. AND MORE PARTICUlARlY DEPICTED AND . LEGAlLY DESCRtBEO ON EXIElT .,,' AnACHED HERETO. FROM SEMIOOl.E COUNTY "A-3' TO CrIY OF WINTER SPRl'jGS "R.(;1 SINGlE FAMIlY OWELLING"; PROVIDING FOR lHE REPEAL OF PRIOR; INl;ONSISTENT ORDINANCES AND RESOlUTlllNS. SEVERABIUlY. AI<<) AN EffECTM OATE. (See MAP below. SIll '3'. b: klcation) ORDINANCE NO. 2007-15 AN ORDINANCE OF lHE CrIY COMMISSION Of TIt: CrIY OF WINTER SPRINGS. flORIIA. CHANGING TIt: ZONING MAP DESIGNATION OF THE REAl. PROPERlY CONSTlTll11NG ONE (1) PARCEl. TOTALING 4.32 ACRES, MORE OR U;SS. AND LOC.Q'ED AT 1740 DElEON STREET IN WINTER SPRtNGS. RDRIDA, AND MORE PAflT1CUlARl.Y DEPICTED AND LEGAlLY DESCRIBED ON EXHIBIT "K ATTACHED HERETO. FROM SEMlt<<lLE COUNlY ~. TO CrIY OF WIllER SPRINGS "R'(;l SINGlE FN,l1Y DWELLING'; PROVIltNG FOR lHE REPEAL OF PRIOR INCONSISTENT ORlltNANCES At<<> RESOLUTlONS, SEVEIWl~ AND AN EFFEClM DATE. (See MAP below. Site '4'. lor location) . ORDINANCE NO. 2007.16 AN ORDINANCE OF THE CrJY COMMISSION Of THE CrIY OF WINTER SPRlNGS. flORIDA, CHANGING THE ZONING MAP DESIGNATION OF TIt: REAL PROPERlY CONSTITUTING ONE (1) PAIjCEL TOllU..1NG 1.6 ACRES, MORE OR LESS. AND LOCATEO AT 201 CRESS RUN IN WINTER SPRINGS. FlORIOA, AND MORE PARTlCIlARLY DEPICTED AND LEGAlLY DESCRIBED ON EXHIBIT "A' ATTACHED HERETO, FRDM SEMINOlE COUNTY "A.3" TO CrJY llF WINTER SPRINGS "R-Cl SIlGLE-fAMILY DWEWNG"; PROVIOtNG FOR.1HE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOlUTIONS. SEVERA8ILJr( AND AN EFFECTM DATE. (See MAP below, Sib! '4'. lor loCation) : Aneurysm I est LI artery wall that may be detected with an (4-hour fast required) ultrasound. Blood Circulation c) Many adults over SS have leg cramps (Arteriosclerosis) due to poor drculation.ABI screening measures extremities for peripheral Test arterial disease. .~ ." ",'. , '" &) These vascular tests are paln~ an~ .~. '.'. . ALL 3 TESTS non-invaslve.Their combined cost is more than $1.000 at most h<>spital~. Lll~T~~~'~ul'~o~r~f.s~Eo~,~199 + ~:~2:!1FAIR. RestJ1s are interepreled by bo1Ird certified physicians iMlh spedaIties i1 cardiology, echocardlography, and vascula' SUrgei)'. Corporate programs are avalIaIlle. ~ ORlANDO Onnge Count)' May 18th Quality Inn and Sullies ot tl>e florida Mall 8700 S.O!'ange BIo'somT~. ORLANDO May 31st South Orlando YMCA 814W.Oakrldge Rd. WINTER GARDEN June 7th R_YMCA 100 Wtnderme.. Rd. ~Inoleco~ OVIEDO May 23rd' June 16th Wolgreons . 85 E. MitcheM Hammock Rd. AU'AMONTE SPRINGS May21st . WIlgroens 200 W.5tate Rd.436 LAKE MARY May 29th LIke MuyYMCA '665 longwood Rd. -1,' WlHnll SPRINGS May 30th WIIg.Hn, 401 W.StalORd.434 .1 LONGWOOO June 12th Comfort Inn and Conf......c. Cent.. North 202SW.5R434 APOPKA June 13th W.Ig.Hn, 12SE. Main APPOINTMENTS ARE NECESSARY!!! Call Toll-Free 1.888.822.FAIR(3247) www.healthfair.com ORLANDO May 19th June 19th WIIg...n. 6651 Old Winter Glrden Rd. ORlANDO . Mayi5th June 6th AorIda Hospital Ch_ 2800 N.OnInge Ave. ORLANDO Jun"l4th WIlg...... . 8000 like Underhill Rei ORLANDO June 8th TlM Lexll19'On Hotel 304 W. Colonial Dr. WlHnll PARK June 14th 1I<td_ LutherIn Church 3377 Aloma Ave. LAKE MAllY May 25th WoIgNen. 12011ntemational Pkwy. S' ~eoIaCou~ IC1SSIMMEE June 7th 'WIIgrMM 8400 W.lrto Bronson AU'AMONTESPRlNGS June 5th ....IyTotII FItnus 733 W. 5tate Rd.436 ~kecou~ a,:::rl Hlmpton In.. 2200 E. Hwy. 50 lEE58\lRG MT.OORA June 6th June 9th WIlg_ HlltIptontM 2010Otru, Blvd. 19700 H:wy.44i, OVIEDO June '5th OvIedo YMCA 7900 Red Bug like Rd. PUBUC 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 SPRING~, FLORIDA " 1be proposed onllnances maybeoblained by Interested par1Ies beIweeo 8 a.m. and 5 p.m., MondaY,lhroughfriclay. al1lleClly'sC~ , Dlfice.located .,,25 E. SR 434, Wilier Springs, FIori~ f<< 1TllIfI1nIorma1icx1, cal (407) 327-1800 #'JZ/. ~. wIIh dsabI1IllS: IIl>edk1g assI$1ance 10 par1Iclpale n any oI11lese proceedings shoUcl contac1 ~ EnipIoyte RelaIIon$ Dapar1me/Il 000ItInalDf, 4811otn' In advarEe oIlhe meeing at (407) 327-1800. #236. These are publc~ Inletes1ed parties are 1dVlsed1hal ~ may appear ~ 1Ile meeting and be helld wilh respect to the prllP,Osed onlinaoces. K yoo dec~ 10 appeal ~ ~ 01 decislon ",adIl by 1he; C1ty ConvnlssiOO wftlt respect to any matter considered at llis meeting, yoo 'wi need a recllll1 01 tie PRJCOllIings, IIId lor sucl1: ptJlllOS8S. you may need to ensure 1I\at a vefbalim reconl oIlhe proceedings is made uPon which lI1e appeal Is basi<!. - . j , I I . , , . , '. .~ ... 'J '" ':I .. .. ... .. '"' '" .". .. .:..... ";:.01 '.'.l " ~. "-'1 ';'-1 .. '. . ., 'tl . . , ,.., '.' ".' ~, . l'.l . ;-'1 .' ,,-, ;.';j, ~, L NOTICE OF CHANGES TO THE COMPREHEN$iVEPLAN AND ZONING MAP CITY OF WINTER SPRiNGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WILL HOlO . PUBLIC HEARIN.QJ " FOR SECOND READING ":.(POPTIONON: ORDINANCE NO. 201)1,;oEi AN ORDINANCE: OF .rHE CITY COMMISSION OF TJ.lE CITY OF WINTER SPRINGS, SEMINOLE~~1i\Fi.ORIDA, RELATING TO COMPREHENSIVE PLANNING; SE:T- TINGFOATffANA.AcoPTlNG A LARGE SCALE COMPREHENSIVE PLAN AMEND- MENT; PROVIDINl1l'OR ADOPTION OF AN AMENOMENT TO "[HE FUTURE LAND USE MAP BY DESIGNATING CEATAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENIOf'ALLY DESCRIBED AS TWO (2) PARCELS OF LAND. CONTAINING 28,0 GROSS ACRES, MORE OR LESS, AND LOCATED GENERAU-Y AT THE SOUTH- WEST CORNER 'OF THE INTERSECTION OF DELEON STAEET AND HOWARD AVENUE,'MORE.PAATlCULARLY DEPICTED AND LEGALlY DESCRIBED.HEREIN IN EXHIBIT "If~ A$OHEPHERETO, FROM SEMINO~ COUNTY "AURAL-3' TO CITY. OF WINTER SPRING$'PUSUClSEMI.PUBLlC" WITH "CONSERVATION OVERLAY" (ON rWOSE:AfFE:CT.ED AREAS);. PROVIDING AN E:FFECTIVE OATE AND LEGAL STATUS . . 'NOMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE 'F.c()j.IMUNITY AFFAIRS; PROVIDING FOR THE REPru OF PRIOR I. . ':l,lROINANCES AND RESOLUTIONS. SEVERABILItY,AND AN EFFEC. Tl~~~'(~~."'MAP ~aw. Site '1', lor lQCf;iJon) , ORDINANCE NO, 2007-117 AN.OFlOINANCE OF THE. CITY COMMISSION OF THE CITY OF WINTER SPRINGS, . '~~N~:r~~TYAoo~:fG'\~~~~~~M~e::~v~~~N~ MENT: PROVIQING FOR ADOPTION OF AN AMENDMENTTOTHE FIlnJRELANO USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THB CITY .OF WINTER SPRINGS GENERALLY DESCRIBED AS THREE: (3) PARCELS OF LAND, CONTAINING 2O.3.GAOSSACRES MORE OR LESS. AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN. .MORE PAATICULARlY'{lEPICTEl) AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A." ATTACHED HERETO, FROlA SEMINO~ COUNTY "AURAL-3' .TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFI'E:ClED AREAS): PROVIDING AN EFFEC- TIVE DATE AND,. LEGAL STATUS OF THE PLAN AMENDMENT: PROVIDING FOR TRANSMI"..L OF THE PLAN TO THE DEPAATlAENT OF COMMUNITY AFFAIAS; PRO- VIDING FOR THE REPEAl OF PRIOR INCONSISTENT ORDINANCES AND RESOLU. TIONS, SEVERABILITY, AND AN EFFECTIVEOATE. (s.. MAP below. Sl10 '2', lor ,,,,,,,lIon) ORDINANCE NO. 2007-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF W~NTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING THREE (3) PARCELS TOTAUNG 2Q,3 ACRE:S, MORE OR LESS, AND LOCATED GENERALLY ON THE WEST SlOE OF DELEON S'rREET AT CRESS RUN IN WINTER SPRINGS. FLORIOA, AND MORE PARTICULARlY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A' ATTACHED HERETO, FROM SEMINOLEC;OUNTY"A-3'TO CITY OF WINTER SPRINGS'R.C' SINGLE FAMIlY DWELLING": PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT ORDINANCES AND RESOLUTIONs, SEVERABIL- ITY, AND AN EFFECTIVE DATE, (S.. MAP belOw,~.. '2', lor IooaUon) PUBUC HEARING FOR FIRST READING' TRANSMITTAL ON: ( ORDINANCE NO. 2007.22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SElAlN.oLE COUNTY, FLORIDA. ADOPTING A LARGE SCALE COlAPREHENSIVE PLAN AMENDMENT ESTABLISHING A PUBLIC BCHOOL FACIUTIES ELEMENT AND AMENDING THE CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDI- NATION ELEMENTS CONSIBTENT WITH CHAPTER 183, FLORIDA STATUTES; PRO- VIDING FOR TRANSMITTAL TO.THE DE:PARTMENT .oF C.oMMUNITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVER. ABILlTY,INCORPORATION INTO THE C.oMPREHENSIVE PLAN, AJN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS, PUBUC HEARINGS WILL BE HELD ON MONDAY, SEPTEMBER 10,2007 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HAll 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA me proposed crdlnanc>>. may be obtained by .lnt,rested parlin between 8 a.m. and 5 p.m., Monday through Friday, al the City', Clerk's Ofllc::e, klcaled at 1126 E. SR "34. Wlnl.r Sp"_ng5. Florida. Formor' Information, call (407} 327.1800 11227. P'IIO~ wlih OIsabllltles needing aul,lance to par1lc1pal. In" any 01 these proceedings .hould contact Ihe Employee AalaUo/'1.l Oepartmenl Coordinator, 48 hour$ In advance or lhe meellng at (407) 327~1800, K236. The68 are public h..rings. In1,relled pan!s. lIS advlHd Ihallhey mBY ....ppear at the meellng and be heard wllh raspaclto the proposed ordinance.. If you decide to appeal any recommendation or deaaion made by the City Comm1&alon wilh reap.ct to any mattar consIdered at this meeUng, you wllllleed a record of the proeeedlng5, and to, $Uch purpose'. you may need to ansure thai a verbatim rlKiOrd 0111'1e proceeding. Is made upon which the appeal Is based. I?~ATTACHMENT B f:".;' "'"""'"1ll /"J r ..- STATE OF FLORIDA o E PAR T M E NT 0 F CO M M U NIT Y A Foi~Jgc~,.,(;:;;.,~( "Dedicated to making Florida a better place to call home H CHARLIE CRIST Governor THOMAS G. PELHAM Secretary August 11, 2007 ~ U1p'l. rn /cc-ltm luHc4 ~C COO 41J(] 1$-, J,.: C/~ ~ ~ lS-() C00~'" ~ <'O~ 1.t'Ji/y "vr~ ? oe",/? ~/:J "10.0 '9'/ ~ "".",/J8 The Honorable John F. Bush Mayor, City of Winter Springs City Hall, 1126 East State Road 434 Winter Springs, Florida 32708 Dear Mayor Bush: The Department of Community Affairs has completed its review of the proposed Comprehensive Plan Amendment for The City of Winter Springs (DCA Number 07-2), which was received on June 11, 2007. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J-5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes. The Department does not identify any objections and this letter serves as the Objections, Recommendations and Comments Report. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review, and their comments are enclosed. Proposed amendments 2007-06 and 2007-07 are located near Lake Jesup and have a moderate possibility for archaeological resources. The City should sponsor or require historic resource surveys to ensure that archaeological resources and historic structures will be considered when substantive changes in land use are proposed. For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. If you have any questions, please call Julie Evans, Senior Planner, at (850) 922-1816. ;;e1r Vvz ~~ Mike McDaniel, Chief Office of Comprehensive Planning MM/je Enclosures: R . ..t'A C eVleW gency omments Transmittal Procedures cc: Mr. Randy Stevenson, Community Development Director Mr. Phil Laurien, Executive Director, East Central Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781 /Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marothan, Fl 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumord Ook Boulevard Tallahassee, FL 32399-2100 (8~) 488-2356 HOUSING. COMMUNITY DEVELOPMENT 2555 Shumard Ook Boulevard Tallahassee. Fl32399-2Ioo (8~) 488-7956 TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-l1.0ll, Florida Administrative Code. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-l1.0ll(5), F.A.C., please provide a copy of the adopted amendment directly to Mr. Phil Laurien, Executive Director of the East Central Florida Regional Planning Council. Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet is attached for your use). 2 St!Johns River Water Management District K:rby B, Green III, EXEcutive Director' David w. Fisk. Assistant Executive Director 0~ J( JO( ul 4049 Reid Street · P.O, Box 1429 · Palatka, FL 32178-1429 · (386) 329-4500 On the Internet at wVv'w.sjrwmd.com, July 6, 2007 D. Ray Eubanks, Administrator Plan Reyiew and Processing Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Subject: City of Winter Springs Proposed Comprehensive Plan Amendment DCA Amendment #07-2 Dear Mr. Eubanks: SI. Johns River Water Management District (District) planning staff have reviewed the above- referenced proposed comprehensive plan amendment. The proposed amendment consists of two changes to the City of Winter Springs' future land use map. The District staff review focuses on water supply availability and related water resource issues in an effort to link land use"planning and water supply planning. In the review of water supply availability, District staff consider infrastructure, permitted allocation under consumptive use permit, and source. District staff have no comments related to those issues because no substantial water supply availability or related water resource issues were identified. Please note that the District is the applicant for the future land use map change referenced in proposed Ordinance 2007-06. The District purchased the property to develop a stormwater park to reduce nutrient loading to Lake Jesup and to reduce flooding in the area associated with the Solary Canal. One of the objectives of the District's Middle St. Johns River Basin Surface Water Improvement and Management Plan is to improve the water quality in the Lake Jesup Basin through retrofit projects. As the applicant, the District is providing technical assistance to City staff in support of the amendment. If there are any questions related to the Solary Canal project, please contact District Project Manager Regina Morse at (386) 329-4819/Suncom 860-4819 or nnorse@sjrwmd.com. We appreciate the opportunity to provide comments. If you have any questions concerning these comments, please contact District Policy Analyst Peter Brown at (386) 329-4311/Suncom 860-4311 or pbrown@sjrwmd.com. SinC~relY~<l1. ." ." I ~ J~t ~' -'l I" .' . 1" , , ',-_. L _ :', ,/.....- :.) tl..- L.. v~ '. ~ Linda Burnette, Director Office of Communications and Governmental Affairs GOVERNING BOARD Da...id G, Graham, CHAIRMAN JACKSONVILLE John G, Sowinski, VICE CI'ARMAN ORi.J\NOO Ann T. Moore, SECRETARY BUNNELL Duane l. Ottenstroer,lREAsuRER JACKs..'WlllE co........... hi L.lllnhoc Willi~m W, Kerr Ometrias D. long W, Leonard Wood LBfPB cc: Eloise Sahlstrom, City of Winter Springs Andrew Landis, ECFRPC Jim Quinn, FDEP Robert Christianson, SJRWMD Nancy Christman, SJRWMD Mary Brabham, SJRWMD Regina Morse, SJRWMD Jeff Cole, SJRWMD Peter Brown, SJRWMD v East Central Florida Regional Planning Council 631 North Wymore Road. Maitland, FL 32751 Phone 407.623.1075 . Fax407.623.1084. www.ecfrpc.org Philip Laurien, AI(P Executive Director MEMORANDUM To: From: Date: Subject: D. Ray Eubanks, PDCA Community Program Administrator James Stansbury, PDCA Regional Planning Administrator ~ )) "1\ \ 3 ~ Jl Phil Laurien, AICP, Executive Director July 12, 2007 Large Scale Comprehensive Plan Review Local Government: Local Amendment #: DCA Amendment #: City of Winter Springs 2007 -06, 2007-07 Winter Springs 07-2 Ii : i .. '-,,~. J ;:: 2001 Council staff has completed a technical review of the City of Winter Spring's proposed Large Scale Comprehensive Plan Amendment. The package includes two amendments to the Puture Land Use Map (PLUM). Staff comments are indicated below in italics. The review was conducted in accordance with the provisions of the East Central Florida Regional Planning Council's current contract with the Florida Department of Community Affairs for Plan and Plan Amendment Reviews. 2007-06 The amendment proposes a PLUM change on 28.9 acres from Seminole County Rural-3 to City of Winter Springs Public/Semi-Public and Conservation Overlay. We have not identified any significant and adverse effects on regional resources or facilities, f10r have any extra-jurisdictional impacts been identifzed that would adversely affect the ability of neighboring jurisdictions to implement their comprehensive plan 2007-07 The amendment proposes a PLUM change on 29.3 acres from Seminole County Rural-3 to City of Winter Springs Rural Residential and Conservation Overlay. We have not identified any significant and adverse effects 011 regional resources or facilitie.f, nor have any extra-jurisdictional impacts been identified that would adversely affect the ability of neighboring jurisdictions to implement their comprehensive plans. fxecuti~e Commillee Ch.1inn.m Jon B. Rawlson Governor's Appointee Or~nge County Vicr Ch.1irwoman Commissioner Teresa Jacobs Or~nge County Fonner Chairman Commissioner Welton Cadwell Lake County Trrasurrr Malcolm McLouth Governor's Appointee Brevard County Srcrrlary Vice Mayor Mary Martin Port Or~nge Volusia County League of Cilies ~c''' in.~ Hrer.1rrl. Llt.:~. Or.mjr? G~CroJ.1. Sf:!'"<.;(.'le ,.1,"1(t ~. '(~:.tl.j::ia ccun:if'~. ~ The East Central Florida Regional Planning Council is available to assist in the resolution of any issues that should arise in the course of your review. If you should have any questions, please contact Andrew Landis at andrew@ec[roc.org or by phone at (407) 623- 1075 ext. 310. Thank you. cc: Local Government Contact: Eloise Sahlstrom, Senior Planner AML Florida Department of Environmental Protection Charlie Crist Governor Jefl'Kottkamp Lt. Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Michael W. Sole Secretary July 11, 2007 Mr. D. Ray Eubanks Bureau of Local Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Winter Springs 07-2, Comprehensive Plan Amendment ORC Review Dear Mr. Eubanks: On behalf of the Department of Environmental Protection, the Office of Intergovernmental Programs has reviewed the proposed comprehensive plan amendment in accordance with the provisions of Chapter 163, Florida Statutes. As required by law, the scope of our comments and recommendations is limited to the environmental suitability of the proposed changes in light of the Department's regulatory and proprietary responsibilities. Based on our review of the proposed amendment, the Department has found no provision that requires comment, recommendation or objection under the laws that form the basis of the Department's jurisdiction and authority. If the amendment pertains to changes in the future land use map or supporting text, please be advised that at such time as specific lands are proposed for development, the Department will review the proposal to ensure compliance with environmental rules and regulations in effect at the time such action is proposed. In addition, any development of the subject lands will have to comply with local ordinances, other comprehensive plan requirements and restrictions, and applicable rules and regulations of other state and regional agencies. Thank you for the opportunity to comment on this proposal. If I may be of further assistance, please call me at (850)245-2172. Sincerely, SE1{. Suzanne E. Ray Office of Intergovernmental Programs /ser "More Protection, Less Process" www.dep.state.{l.us ~----- :;;;:;:;.-". - "'="....- .. -=- = =; ''Jf 111LG? Florida Departnlent of Transportation C11.\RLlF: CRIST GOHR:\OR Interm0,jal Systems Development 133 S0ulh Semoran Boulevard Orlando, Fl 32807-3230 STEPIL\:\IE C'. KOPELOl'SOS SECRETARY July 9,2007 Mr. Ray Eubanks, Community Program Administrator Department of Community Affairs, State of Florida Plan Review & DRI Processing Section 2555 Shumard Oaks Boulevard Tallahassee, FL 32399-2100 SUBJECT: LOCAL GOVERNMENT: DCA#: PROPOSED COMPREHENSIVE PLAN AMENDMENTS CITY OF WINTER SPRINGS 07-2 Dear Mr. Eubanks: The Department of Transportation has completed its review of the above proposed comprehensive plan amendments as requested in your memorandum dated, June 13,2007. We appreciate the opportunity to participate in this review process and we offer our comments with this letter. If further information is received from the local government prior to the issuance of the Objection, Recommendations and Comments (ORC) Report. the Department will revise the comments. If you have any questions, please contact Judy Pizzo, Systems Planner, at 407-482-7880 or by e-mail atiudV.pizzoC.Ddotstate.fi.us. Sincerely, GA-aAL Z~. Weiss, P.E. Growth Management Supervisor jp attachment cc: April Boswell, Seminole County Eloise M. Sahlstrom, City of Winter Springs Rob Magee, FOOT PhULaurien, ECFRPC James Stansbury, DCA FiI;'!: J:\Gro'Mh Ma nage me ntlCorr.prahensive Flans'Comme r:tsandCoverletters\Seminole\WinterSprings07 .2CvrLtrQ70907 .doc Florida Department of Transportation Intermodal Systems Development Technical Applications Section Page 1 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of Winter Springs DCA Amendment #: '-'linter Springs 07-2 Date of DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12, 2007 Today's Date: June 27, 2007 GENERAL BACKGROUND INFORMATION The City of Winter Springs has submitted tv'lO Future Lar.d Use Map (FLUM) amendments. For the FLUM amendments, FOOT evaluated how the trip generation potential of the property will change jf the proposed FLUM designation is adopted. (Trip generation potential renects the maximum amount of development that could occur on the property.) Trie pertinent FLUM designations are described as foil 01/1"5: · Conservation Overlay (City). .The conservat:cn overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soilslwetlands, and special vegetative communities.... The area designated as Conservation Overlay on the FLUM is not i,,:ended 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, then the ur.derlying land use development density andlor intensity ""ill be applicable.. Public/Semi-Public (City). Includes all public structures such as civic and community centers, hospitals, libraries, police and fire stations, and government administration buildings. AlIom a 0.50 floor area ratio (FAR) per Table 1-2 in t.1e Future Land Use Element. Rural-3 (County) AlIo",s 1 dwelling unit (du) per 3 acres. Rural Residential (City). Allows 1 du per a :re TeJephone: Fax: E-mail: Filii: FDOT Contact: J~dy Pizzo, SysterTl$ Planner FOOT District 5 Office of Intermodal Systems D9velo~M 407-482-7880 407-540-0555 407-275-41 as 407-540.0550 it.;cv. oizzo.~dot.state. fLus kblume@kittelson.com J\Grcv,'.-, Mar:agemert',Compre/':en6ive P.ans'Corr.r.e~...<:Cc. e<' ..e~ers\Seminc!eW"'nlerSpings07 .2Commenls070S07.doc Reviewed by: Kelly Blume, P.E. and Gorken Mimioli1u Kittelson & Associates, Inc. Florida Department of Transportation Int.ermodal Systems Development Technical Applications Section Page 2 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of WInter SprIngs DCA Amendment#: Winter Springs 07-2 Date ot DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12, 2007 Today's Date: June 27,2007 FLUM AMENDMENT 1 (2007-06) Elements: Future Land Use Element Rule Reference: Chapter 163, Florida Statutes. and Chapter 9J, Florida Administrative Code Background: This amendment affects 28.9 acres located on the west side of Deleon Street, approximately 1.1 miles east of SR 417, ar.d just north of SR 434. Trip Generation Potentlal of Parcels Affected bv FLUM Amendment MaxImum Size of Development P.M. Peak Scenario Land Use Allowed ITE Land Allowed Dally Hour Designation IntensIty Use Code Acres Develop- Trips Trips I ment Adopted Rural-3 1 du/3 aCl'llS 210 28.9 9du 113 12 Public/Semi-Public I Proposed with Conservation 0.50 FAR 610 28.9 629 ,442 sf 8,510 743 Overlay Change in Trips +8,397 +731 The State roadway segments located v.;thin five miles of the parcel are sho'l-fl1 in the table below. \. FOOT Contact: Judy Pizzo, S)'$tarT1li Planner FOOT District 5 OffICe of Intermodal SysterT1li Development 407-482-7880 407.540-0555 407.275-4188 407.540-0550 :l;dv ~izzoedot.s:~:e.fLus kblume@kittelson.com J :\GtO'Mh ~'at"2gemer~I\Ccrrp-erel1$ive PI2 ns'Corrr.--e r:::s.andCc:\'efletlers\Sernin:lle\'MnlerSp"~ -2Comrrents010S07.dcc RevieW9d by: Kelly Blume, P.E. and Gorken Mimioglu Kittelson & Associates, Inc. Telephone: Fax: E-mail: File: Florida Deparlment of Transportation Intennodal Systems Development Technical Applications Section Page 3 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of WInter Springs DCA Amendment #: VVinter Springs 07-2 Date of DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12, 2007 Today's Date: June 27, 2007 State Roadway ~gments Affected bv FLUM Amendment I 2007 2012 2016 Roae-I FIHSI Service Service Service way I Segment SIS? LOS Volume Ac- LOS Volume Ac- LOS Volume Ac- Stan- at LOS AADT cept. Stan. at LOS AADT cept- Stan- at LOS AADT ces;t- dard Stan- able? dard Stan- able? dard Stan- able? dard dard dard SR417toEor N 0 16,400 16,900 N 0 16,400 20,200 N 0 16,400 23,400 ~ Shangri La ln W or Sha ngri La ln N 0 19,600 17,500 Y' 0 19,600 19,000 Y" 0 19,600 20,200 ~; to E or Deleon Ave SR W or The Oaks to N 0 13,120 16,200 N 0 13.120 17,400 N 0 13.120 18,300 o' SR 426 " 419: SR Mitchell Hammod< 434 Rd to SR 426 N 0 16,400 13,600 Y' 0 16,400 14,200 Y' 0 16.400 14,800 Y' SR 434 to N 0 35,700 40,900 N 0 35,700 48,700 N 0 35,700 55,000 I. Tusca....;lIa Rd I Tuscawilla Rd to N 0 61.800 30,100 Y 0 61,800 37,800 Y 0 61,800 44,000 I. Tuscora Dr SR McCullough Rd to Mitchell Hammock N 0 53,500 29,400 Y 0 53 ,500 30,800 Y 0 53,500 32,000 Y 434 Rd I SR 426 to Red Bug Y 0 67,100 58,300 Y I 0 67,100 74,200 N 0 67,100 88,500 . Lake Rd .. SR I Red Bug lake Rd to Y 0 67.100 52,800 Y ! 0 67,100 69 .500 N 0 67.100 82,800 0 417,SR434 " I SR 434 to CR 427 Y 0 67,100 46,300 Y 0 67,100 60,400 Y 0 67,100 71,600 ~; SR 417to Mitchell N E 34,500 31,200 Y' I E 34,500 36,600 N E 34,500 40 .900 N SR Hammod< Rd 426 Mitchell Harrmod< Rd to SR 434 N E 17,120 19,300 N E 34 ,500 21,200 Y E 34,500 22,700 y .' "The addition or site-generated trips to this segment may resu~ in unacceptable operations. Review Comments: Based on FDOT data, segments of State roadways (including SIS roadways) within the vicinity of the site currently operate unacceptably and/or are projected to operate unacceptably. Recommendations: FDOT recommends that a traffic study be submitted to demonstrate that planned transportation system improvements will accommodate the proposed land use changes in the near term and the long term FCOT Contact: Judy Pizzo, Systams Planner FOOT District 5 Office of Intermodal Sys18ms Development 407-482-7880 407-54(}'0555 407-275--4188 407-54(}'0550 iudv. ciuo ((l)dOl.st3 te. fl. us kblume@kiltelson.com J :\GrCl"tth M anagemer1\Comp'erer:sNe F1ars'Ccmmer.tsar.cc......er1..ett~\SemirxJle\'^'nterSprings07 -2ColTlrertsOiOS07. doc Revie'Mld by: Kelly Blume, P.E. and Gorken Mimioglu Kittelson & Associates, Inc. Telephone: Fax: E.rrail: Fi!e: Ann. ~# Florida Department of Transportation Intermodal Systems Development Technical Applications Section Page 5 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government The City of WIn tar Springs DCA Amendment #: INinter Springs 07-2 Date of DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12. 2007 FlUM AMENDMENT Today's Data: Elements: Future Land Use Element Rule Reference: Chapter 163, Florida Statutes, and Chapter 9J, Florida Administrative Code Background: This amendment affects 29.3 acres located just north of SR 434 and approximately 1 mile east of SR 417. Scenario Land Use Designation Tn Generation Potential of Parcels Affected b FLUM Amendment Size of Development Allowed Develop- ment 9 MaxImum Allowed Intensity ITE Land Use Code Acres Dally Trips P.M. Peak Hour Trips Proposed 1 dulaae 210 29.3 29 Adopted Rural-3 Rural Residential with Conservation Overla 1 du/3 acres 210 29.3 Char,ge in Tnps H;e State roadway segments located within one mile of the parcel are shown in the table below. 2016 RO.ild- FIHSI Service way Segment SIS? LOS Ac- LOS Ac- LOS Volume Ac- Stan- AADT cept- Stan- MDT cept- Stan- at LOS MDT cept- dard able'? dard ab)a7 dard Stan- able? . \ dard SR41710Eof N 0 16,400 0 16,400 20 ,200 0 16,400 23,400 N SR Shangri La Ln 419/ W of Shangri La Ln N 0 19,600 17 ,500 0 19.600 19,000 19.600 SR to E of Deleon Ave 0 20,200 N 434 W of the Oaks to SR 426 N 0 13,120 16,200 0 13,120 0 13,120 18,300 N FOOT Contact: Judy Pizzo, S)'5tems Planner FOOT Oi$trict 5 Office of Intermodal Systems Development 407-482-7880 407.540-0555 407-275-4188 407-540-0550 iudv. cizzo tedCt.St3:~ ,n. us kblume@kittelson.com J '\C-rCYM1 Mara gemer.t',CGrrp'er.et'$ive P1a116'Ccmrr.entsandCoverLel!ers'&!lrAnole\....1nlerS~'"9Sll7 -2Ccmrr.enls070907.doc Reviewed by: Kelly Blume, P.E. and Gorken Mimioglu Kittelson & Associates, Inc. Tele~hone: Fax: E-mail: File: ~--... Florida Department of Transportation Intermoda! Systems Development Technical Applications Section Page 6 of 6 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: The City of Winter Springs DCA Amendment #: Winter Springs 07-2 Date of DCA's Request Memo: June 13, 2007 Review Comments Deadline: July 12, 2007 Today's Date: June 27, 2007 Review Comments: Based on FDOT data, segments of State roadways within the vicinity of the site currently operate unacceptably and/or are projected to operate unacceptably. Recommendations: FDOT recommends that a traffic study be submitted to demonstrate that planned transportation system improvements will accommodate the proposed land use changes in the near term and the long term under the maximum development scenario. Alternatively, a comprehensive plan text amendment limiting the trip generation potential of the site may be submitted for review. FOOT Contact: Judy Pizzo, Systems Planner FOOT Di$trfct 5 OffICe of Intermodal Systems Development 407-482-7880 . 407-540-0555 407-275-4188 407-540-0550 iudv.o:n:o(ci)dot.staten us kblume@kittelson.com J:\Gtcv.th Manas;e~nt\Co~prehensive PlaIl$\Commer:sarCCcvert..e!!erslSeminole\VV!nterSplings07 -2Commerts070907. dcc Reviewed by: Kelly Blume, P.E. and Gorken Mimioglu Kittelson & Associates. Inc. Telephone: Fax: E-mail: File: &~S !7fS/61 FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DNISION OF HISTORICAL RESOURCES Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 July 2, 2007 Re: Historic Preservation Review of the Winter Springs (07-2) Comprehensive Plan Amendment Dear Mr. Eubanks: According to this agency's responsibilities under Sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to determine if data regarding historic resources have been given sufficient consideration in the request to amend the Winter Springs Comprehensive Plan. We reviewed two proposed amendments to the Future Land Use Map to consider the potential effects of these actions on historic resources. Both amendments are on uplands nearby Lake Jessup, and as such, have at least a moderate possibility for archaeological resources. The most effective way to guarantee that such sites are not adversely affected by development is for the city to sponsor or require historic resource surveys so that it can ensure its archaeological resources and historic structures fifty years of age or older will be considered when substantive changes in land use are proposed. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, ~~ p. G...o.. Frederick P. Gaske, Director xc: Mr. James Stansbury 500 S. Bronaugh Street . Tallahassee, FL 32J~250 . http://www.f1heritage.com CJ Director'. Office (850) 245-@00 . FAX: 245-b436 CJ An:holleolopc~ Raeollrch (850) 245-6-144 · FAX: 245-6-152 .;' Hiatorlc Preservation \ 850) 245-6333 · FAX: 245-6437 CJ HIatoricaJ MuaeurM (850) 24~ . FAX: 2-l5-b433 CJ Southu.t Rer;loNlIOffice CJ Northeoll5t Rer;lorW Office 1::;{..1 \.11 k. ')11:; . J: 4 y. .Ilk. ')1 JQ 1Q{lJ\ ltl"-'ilUO: . J: 6 y. ltl,,:;n.u CJ Centnl florida Rer;1011al Office I~ '\\ ')'7'). '\lU'\ . 116 y. ')7'). '>"Un ATTACHMENT C Current Future land Use Map- April 2007 ~ LEGEND _ Commercial Conservation . D Rural- 3 D Low Density Residential Site CRESS ~ O' t,) fI) o 2SO SOD 1 ,ODD Feet D N Source: Seminole County GIS, City of Winter Springs, April 2007 - ATTACHMENT D Proposed Future land Use - April 2007 Site '... I S.R. 434 LEGEND _ Commercial _t!.1 Conservation ~ Conservation verlay . D Low Density Residential D Rural Residential 520 D N o 260 1,040 Feet Source: Seminole County GIS, City of Winter Springs, April 2007 ATTACHMENT E 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. WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Plarming 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 pmiies submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the Local Plarming Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment to the Florida Department of Community Affairs for its review and comment; and WHEREAS, on May 29,2007, the City Commission held a public hearing on the proposed City of Winter Springs Ordinance No. 2007-07 Page 1 of 3 ~... amendment and approved transmittal of the future land use map amendment of the subject property to the Florida Department of Community Affairs (DCA); and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance is to adopt the large scale comprehensive plan amendment designating the subject property from Seminole County "Rural-3" to City of Winter Springs "Rural Residential" with "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 in Exhibit "A" as 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 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. Ifany 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 n$Jt affect the validity of the remaining portions of this Ordinance. ~; City of Winter Springs Ordinance No. 2007-07 Page 2 of 3 ~,. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this amendment, the comprehensive plan amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the amendment shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. John F. 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 Transmittal Hearing: Adoption Hearing: Effective Date: City of Winter Springs Ordinance No. 2007-07 Page 3 of 3 ~% EXHIBIT A Ordinance 2007-07 I DEL N ST. ~RESS Subject Property Parcel #s & Leaal Descriptions: 03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF s:y.. OF E Y2 OF SW y.. OF NW y.. (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S TO A PT W OF BEG E TO BEG & RD) 03-21-31-300-004C-0000: SEC 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT OF E 19 FT) 03-21-31-300-0090-0000: SEC 03 TWP 21 S RGE 31 E W Y2 OF SW % OF NW % 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. WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established in chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment to the Florida Department of Community Affairs for its review and comment; and WHEREAS, on May 29,2007, the City Commission held a public hearing on the proposed City of Winter Springs Ordinance No. 2007-07 Page 1 of 3 amendment and approved transmittal of the future land use map amendment of the subject property to the Florida Department of Community Affairs (DCA); and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby fmds 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 Regulation Act, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance is to adopt the large scale comprehensive plan amendment designating the subject property from Seminole County "Rural-3" to City of Winter Springs "Rural Residential" with "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 in Exhibit "A" as 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 Mfairs. 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. Ifany 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. City of Winter Springs Ordinance No. 2007-07 Page 2 of 3 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 f Winter Springs, Florida, in a regular meeting assembled on the 1JtWdayof September ,0 7. ATTEST: r orenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: danese. City Attor:ey Transmittal Hearing: May 29, 2007 Adoption Hearing: September 10, 2007 Effective Date: See Section 8. City of Winter Springs Ordinance No. 2007-07 Page 3 of 3 EXHIBIT A Ordinance 2007-07 L.----L-1 I I 11~\ , ::;i ,/ "" ~! .... 0:> II HOWARO :-- j I \ 11 .1 1 L-\ j \ 1 i I DElEiq N ST. lli '1-- f-- I ..... k= ({/F -- r- Subject I"-.... /}Z [-- ~ Property f--r-r - 6" 'i= V I-_~ :- , --I ~__~ n :::;=~ I 1 ~ \T l. ~= ~ ~~I ~-~'" I ,: i:>.I'\:. qJ'~ "--L _, '- I ~ ~ I :::l 2tf=- ~ I = *- <:y; I r~rlTI \ I.' n ,,^' I n ,S.~~\3'~~ JRESS _. ,-- Parcel #s & Leaal Descriptions: 03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF S % OF E Yz OF SW Yo OF NW Yo (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S TO A PTW OF BEG E TO BEG & RD) 03-21-31-300-004C-0000: SEC 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343_75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT OF E 19 FD Y 03-21-31-300-0090-0000: SEC 03 TWP 21 S RGE 31E W Yz OF SW Yo OF NW Yo