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HomeMy WebLinkAbout2004 02 23 Public Hearings 401 COMMISSION AGENDA February 23, 2004 Meeting Consent Information Public Hearing X Regular ITEM 401 1L- M~ry. I / Authorization Dept. Iff REQUEST: The Community Development Department - Planning Division requests the Commission hold a Public Hearing for first Reading of Ordinance 2004-07, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of an 8.5 acre parcel, located at Bird Rd and Tusca Trail, from "Low Density Residential" (Seminole County) to "Rural Residential" (City of Winter Springs). PURPOSE: The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for a parcel which was previously annexed into the City from Seminole County, but subsequent action was never taken to change the Future Land Use Map designation. The City is initiating the change as the applicant. The property owner has been notified by certified mail so she is aware of the process and so that her input can be heard. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprin2s Charter Section 4.15 Ordinances in General. Winter Sprin2s Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; ~ February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 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 staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Oct. 25, 1999- Annexation by Ordinance 745, Petition filed by Rita Renshaw Jan. 09,2004- Property Owner Notified of Administrative Action Jan. 15,2004- Property posted with signage Noticing Upcoming Meetings Jan. 25,2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing Jan. 27,2004- Adjacent property owners within 150' Notified by Certified Mail Feb. 04, 2004- P& Z Board (LP A) heard the request and made recommendation that the request be approved by the Commission. Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - Rita Renshaw Parcel Number - 11-21-30-300-0020-0000 Acreage - approx. 8.5 acres General Location - The site is vacant and is located on the east side of Bird Road at Tusca Trail. Legal Description - SEC 11 TWP 21 S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC W 1452 FT N 1401.63 FT N 84 DEG 26 MIN 51 SEC W 15.06 FT TO POB RUN N 84 DEG 26 MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513,.03 FT . SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43 SEC E 215.76 FT ELY ON CURVE 156.57 FT S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG Chronology of Subiect Property - The subject property was annexed into the City on October 25, 1999, by Ordinance 745. Existing Land Use - The property is currently an undeveloped vacant parcel. Its County Future Land Use designation is LDR- Low Density Single Family Residential. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM South Subject Site Vacant, Undeveloped A-I (SC) LDR- Low Density Single __ _____._________.__._....__.. ....__._______.____.____.__....__ _f~~}.l'_.~_e.~~~~}~!!.~!_J.~.C_L._ North Single Family Residential R-CI (WS) Rural Residnetial (WS) .___...._._.....___ __________.____..__.__.__.___._.____._ ....(~~~}..P_1!...:~1_......._...._._....___ Single Family Residential R-lAAAA & RC-I (SC) LDR- Low Density Single _._.__.______..._.._...._._...._._._.._._.._.._....._.___.........___.._____._......___ ...~f.l.~JL~.~s.~~.!1E.~}_JSCL_. Single Family Residential A-I (SC) LDR- Low Density Single Family Residential (SC) East February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 West Single Family Residential R-IAA (SC) Development Trends - The subject site is vacant. No development is being proposed at this time. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Low Density Residential" to Winter Springs "Rural Residential" is appropriate and compatible with the general character of the area. The 8.5 acre parcel is located immediately to the south of Commissioner McLeod's property. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from adjacent residents after the sign was posted and several neighbors spoke at the Public Hearing before the P&Z/Local Planning Agency. These neighbors indicated concerns that relate to the future development of the site (retaining tree buffers, access off of Tusca Trail); however, the concerns expressed did not have anything to do with the Future Land Use change. Although the property owner initially opposed the land use change (because of concerns related to increased taxes), the property owner has since indicated that these concerns have been alleviated and she no longer opposes the action. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the prevailing character of the area around the subject property, as well as evaluating the current land use and the future goals and objectives ofthe City and of the property owner. A Winter Springs "Rural Residential" designation most closely resembles the character of the area and maintains continuity with the properties adjacent to the City. Public Facilities - Although the site is undeveloped, at this time no changes are being proposed. Therefore, the proposed future land use map designation change will have no impact on public facilities and services. If the site later develops at maximum density, the resulting number of lots would still have a negligible impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use designation of the property is to apply a Winter Springs' Future Land Use Map designation that supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use map designation is consistent with the surrounding areas. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcel was not included on the City's Future Land Use Map, because the parcel was annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 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 current uses involved and the general character of the area, the request does not result in creating incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important, beyond those existing currently. P&Z/LOCAL PLANNING AGENCY RECOMMENDATION: At its regularly scheduled meeting of February 4,2004, the City of Winter Springs Planning & Zoning Board (LP A) heard the request to adopt a Small Scale FLUM Amendment changing the Future Land Use Map designation of the Renshaw parcel at Bird Road and Tusca Trail from "Low Density Residential" (Seminole County) to "Rural Residential" (City of Winter Springs) and voted unanimously to recommend it to the City Commission for Public Hearing and Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2004-07, adopting a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation on the subject property at Bird Road and Tusca Trail from "Low Density Residential" (Seminole County) to "Rural Residential" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading Feb. 23, 2004- 1st Reading of Ordinance 2004-07 Feb. 26, 2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-07 ATTACHMENTS: A. Planning & Zoning Board / Local Planning Agency Minutes from Feb. 4, 2004 B. Ordinance 2004-07 including Map & Legal Description COMMISSION ACTION: February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT A P&Z/ Local Planning Agency Minutes from Feb. 4, 2004 02/18/2004 10:36 4076998584 NIS JKREBS FEB-l8-2e04 10:21 CITY OF WINTER SPRINGS PAG!:. ~l 40? '32? 4753 P. 01 CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNIN'G AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 4, 2004 cI CALL TO ORDER Tape \/Slde B The Planning and Zoning BoBl'dlLocal Planning Agenr,y Regular Meeting of Wednesday. February 4. 2004 was called to order at 7:02 pm. by Vice O1aiq>erson Joanne Krebs in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Wmter Springs, Florida 32708). Roll Call: Chairman Tom ;Brown, absent Vice Chairperson Joanne Krebs. present Board Member Rosanne KarT. present Board Momber William PQe, preacmt BOi1lfd Member Ned Voska, present PUBLIC HEARINGS JlQ:QLIC HEAJlDI08 A. Community DeveJopD1eJlt Department - PlaalliDg Divisioll Requem The Planning ADd Zoning Board/Local PlanalDg Agent)' Hold A Public Hearing Related To Ord.ID.ance 2004-05 Which Adopts A SmaD Scale FLUM (Future Labd Use Map) Amendment By Changillg The lFotIlre Land Use Map DesipatioD or 8.9 Acres (More Or Less), Located At 900 i'Mt State Road 434 Adjacent To Central Wiads Park, From "Suburban Esta(e$" (Seminole County) To "Town Center" (City Of Winter Sprin2l). Ms. Eloise Sah19lrom. AIep, ASLA, Senior Pla:nnM, Community Development Department, Slated, "Staff reqUaits that the Local Planning Agency make the recommendation to the City Commission to approve the Future Land Use Map change to 'Town Center"." "I WOULD MAKE A MOTION TO RECOMMEND THE APPROV AL, WHICH RELATES TO ORDINANCE 2004-05, WHICH ADOPTS A SMALL SCALE FLUM [FUTURE LAND USE MAP) AMENDMENT BY CHANGING 'I'HE R.UM [FUTURE LAND USE MAP] DESIGNATOR FROM 'SUBURBAN ESTATI8' TO cTOWN CENTERt.>> MOTION BY BOARD MEMBER POE. SECONDED BY BOAR)) MEMBER KARR. DISCUSSION. Y~'~O,~yy~ ~u.~o ~U'Q~jQ~Q~ I~!~ ~~~~~~ FEB-18-2004 11.3:21 CITY CF "liNTER SPRIH:i5 t-'Al7t:. l;:lL 407 327 4753 P. 02 CITY OF WINTBR SPllNOS DRAFt' UNAPPROVED MlJoIUTSS PLANNING AM> ZONJ.NCILOCAL I"LANNJNG AQENCY RFGUJ..AJt MEBTINO - FBlllIARY 4, 2fJ()4 PAOB20F6 VOTE: BOARD MEMBERPOE: AYE VICE CHAlDPERSON KREBS~ AYE BOARD MEMBERKARR: AYE BOARD MEMBER YOSKA: AYE MQrlQN CAlUUED. !1JBL1C HEAlUNOS B. Community DevelopDlelll Department- PlamaJaa Dhi$iol1 RequesQ The PlannJng ADd Zoning Board Hold A Public Hearing Related To Ordlnaace 2004-06 Whic" Rezoaes8.9 'Acre. (More 011" ~), LcK:ated At 900 East State Road 434 Adjannt To Central Wind, Park, FroIO" A-I" (Seimn.ole COQ~ty) To "Town Center" (City OeWinter Sprtags). Ms. SaJilitrom stated. "Staff recommends that the Planning Zoning Board recommend to the [City) Commimoion a . chango from 'A-l' Zoning Serninol~ County to City of Winter Springs cToWl] Center- Zo-oirtg." . UJ. WOULD MOVE TO APPROVE ORDINANCE 2004-06 WHICH REZONES SUBJECT PROPERTV FROM 'A-I' SEMINOLE COUNTY TO CITY OF WlNTER SPRINGS ''fOWN CENTER'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE BOARD MEMBER KARR.: AYE BOAl\IJ MEMBER POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIE}). PUBLIC II2AJUNGS c. ne CommuJlity De'felopmeDt Department - Plbnillg Division Requesa The PloJLIJJg And Zoning BoardlLocal PlanD1D.g Ageaey Hold A Public Hearing ~lated To Ordinance 1004-07 Wbich Adopts A Small Scale FLUM (Future Land Use Map) Amettdmeat By Changing The Future Land Use Map Designation or A 8.5 Acre Parcel, Located At Bird Road And TUleawUla Trai~ From "Low Density ResidentJal" (Seminole County) To "Rural Residential'" (City Of Win tea' SpriQ.gs). Ms. SahlStrom said, ~'Recommend that the Local Planning Agency hold n Public Hearing relating to Ordinance 2004-07 and recommend adoption for this piece of property changing it from 'Low Density R.esidcmtial' to 'Rural Residential'!' FEB-18-2004 10'22 CI1l' 0= WlNTER Sf'R11'(2S 407 327 4753 P.W -~, . 'J' ~--~ . "'. "'''' ....... r "'... ...'...""...... I~J.;:J ....,,~c:.oo t-'Abl:. tjj CITY OF WIN1"SR SPRINGS DRAJI'T UNAPPROVED MtNUTBS PLANMN'O AND WNDfGlLOCAL PLANNING AGENCY REOut.AI. MmmNG - FEBRUARY 4.3004 fAGB3Qt' Board Member Rosanne Karr awed, "1 went out to the &rtet it is Tusca Trail." Board Member.Km then wed, leIs that an abbreviation for Tuscawilla Trail?" Ms. Sahlstrom replied, "No. Tusca Trail is the CQrrect name of the l<Wation. The Agenda .. says that the property is located at Bird Road and Tuscawilla Trail, it should lIay 'Thsca Trail'. not <Tuscawilla' ." Mr. Bruce Broadfter. 141S ooca Trail.. Winter Springs, Florida: commented on the need to have some sort of a buffer for the rather l~ge lots ~ou:nd the subject eite when it 1S developed; indicated that the property owners on Tusca Trail would like to prcsetVe tbe natural aspect of it; and that there is a written Agreement in place that i5 on record with Seminole County whic;h states that the property C8J:1 only be access$({ offl'usca Trail with one (l) driveway serving one (1) sing1Cl~fami1y residellCe. "I MAKE A MOTION THAT THE PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY IN RESPONSE to TIDS, AS A RESULT OF TIDS PUBLIC HEARING - ADOPT A SMALL SCALE FLUM [FUTURE LAND USE MAPI AMENDMENT BY CHANGING THE F1JTIJRE LAND USE MAP DESIGNATION ON TH~ SUBJECI' PROPERTY AT BIRD ROAD AND TUSCA TRAIL FROM 'LOW DENSITY RESIDENTIAL', wmcu IS SEMJNOLE COUNTY ZONING, TO 'RURAL RESIDENTIAL' CITY O:F WINTER SPRINGS ZONING." MOTION BY BOARD MEMBER KARR.. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBJ$R KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOBKA: AYE VICE CHAIRPERSON KRElIS: AYE MOTION CARRIED. Vice Chairperson Krebs requested, "Can we see that the concerns of this gentlemcw. (Mr. BroadtierJ are reco~ and giVlm to tho [City] Commjsslon so that when they do go to vote Qt1 this they have this information and big concerns in their hanwk" ct I H\.;.I&;. fJ""t FEB-18-20B4 10:22 CITY CF WllffER ~It-liS 40'7 3Z7 4753 P.04 crrv OF WIN"Ilm. SPRINO$ ~XlllCiANDZONllN~~~:~ cI 1lBGULAR. MmiTlNQ - FEBJ,UI\llY A, 2004 PAOE4 OP 6 ruauc HEARINGS D. Commumty Developmeat Department - Plmnlng DhrfaloD Requesa The Planning ADd Zoaing Board lloJd A Pubne Hearing Belated To Ordinance 1004-08 Which Remues 8,5 Acres (More Or Less), Located At Bird Road And TuscawOl. Trail, From "A-1ft (Sem.lP.ole COUDty) To "R-C1" (City OfWiDter SprlDg3). Ms. SahJstrom $tatet4 "Staffhas detennined. that the fourteen (14) review standards have been sa.tisfied and recommendt that the Planning IUl4i Zoning Boud hold a Public Hearins relating to Ordinance lOO4-oS which c~ the Zoning cla8si.fi.cation on the Renshaw property at Bird Road and TuscawiUa Trail, from 'A-I' Semil;t.ole County to 'R- CI' City of Winter Springs.') Mr. Ste~ Rilre. 1416 1Wca Trail, Winter Spring.r, FlorUl4: requested explanation on why there are two (2) Agenda Items for this issue. Ms. SahlstrQm briefly ~pla:ined the two (2) separate processes related to Annex.a:tion from Seminole County. Disc~ion. "1 RECOMMEND THAT THE PLANNING AND ZONING BOARD, AS A RESULT OF TIDS PUBLIC HEARING. RELATED TO ORDINANCE 2004-08, WHICH CHANGES THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT BIRD ROAD AND TUSCA TRAIL, FROM "A-I" SEMINOLE COUNTY TO "R-el" CITY OF WINTER SPRINGS. I RECOMMEND THAT WE APPROVE THl8 AND MOVE IT ALONG.'" MOT10N 8Y' BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POI. DISCUSSION. 'rsq>e 1lSiclr A IlI1dt VOTE; BOARDMEMBERKARR: AYE BOARD MEMBER. POE: AYE BOAlU) MEMBER VQSKA: An VICE CHAIRPERSON KREBS: AYE MOTION CARRIED. r""\;3t:, U.1 FEB-18-2004 12:30 C I TV CF WINTER SfIR INCiS 407 327 4753 P.01101 REGULAR AGENDA CITY OP WINttJl SPRINGS 1)1UPT UNAPl'RO'VED MINUTSS. I'lJ\NlIIING AM>> ZONINGn.O<;AL PLANNING ACENCY RBOULAR MES11NO - f1\Bl.UAllY"~ ~>> P.o,,, ~ r dGt.lLAJl A. Filial EngioeeriDg/Site PlaD. For Phil ReetlelNur&ery Road Commercial DeveloLmeot. Ms. Sahlstrom introduced the Agenda Item. Ms. Sah!strrnn indicated that., '''There is a serivenerls error. The eorrect number of trees is twenty-two (22) instead oftwmty-three (23)." Next, Ms. Sahlstrom stated. '"Staff recommends the p~ and Znnihg Board/l.ocal Planning Agency consider and recommend to the City Commission approval of the Final Engineering/Site Plan fQr .. 6.628 - aere tract at the northeast comer of the inttltsection of Highway 17-92 and NutSery Road. The aiw bas a CQ1tlmercial FUture Land Use designation and is within the tC-2' Commercial Zoning District." ~I RECOMMEND THAT TIlE CITY COMMISSION APPROVE A FINAL ENGINEERING/SITE PLAN FOR THE 6.618 - ACRE TRACT AT mE NORTHEAST CORNER OF THE INTERSECTION OF u.s. HJGHWAY 11-92 AND NURSERY ROAD WITH THE COnECTION TO TIlE SCRIVENER'S ERROR MENTIOlUD BY MS. SAHLSTROM." MOTION BY BOARD MEMBElt. POE. SECONDED. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE BOARDMEMBERKARR: AYE BOARD MEMB:ER roE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. - llpc '~taeA TOTAL P. 01 ~L/~OIL~~~ ~~:~O q~(O~~O~Oq Nl~ JKK~~~ PAGE 05 FEB-18-2la04 10: 22 CI TY CF WINTER SflRIIQ) 407 327 4753 P. 06 CIn' OF WINTER. SP!mIG$ DaAFTUNAPJI'll.OVIJt) MINUTBS ~ I'l.A2'l:NINC ANn zmqllN~ ~INQAGENCY . JUlGULA1l. METING - FEBRUA1lY 4, ~ PAGB60F6 ADJOURNMENT With consensus of the Board, Vice Chairperson Krebs adjourned the Meeting at 8;30 p.m. RESPECTFULLY SUBMITTED BY: DEBBIE FRANKLIN, DEPUTY CITY CLERK, AND PATRICIA SCHRAFF ASSISTANT TO THE CITY CLERK APPROVBD: TOM BROWN. CHAIRMAN PLANNING AND ZONING BOARDILOCAL PLANNlNG AGENCY Cilb' C~vi~ry Boa.rdQ \IrId Conmllflles\ll'&.ZIaJlI\MINl1TBs'm~ :moULAIldac l-IOI'li: Thtsc MtnulII! Wert: lIpIm)yed at Ole J,Ca:dn J. . 2004 Ptsm;clllltd Zonln8/LXa1 Planninl Agency R.e,llIcr TOT~ P.eG February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENTB ORDINANCE NO. 2004-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, 'FLOIUDA, ADOPTING A SMALL SCALE FLUMAMENDMENTBY CHANGING-THE FUTURE LAND lISE. MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL OF 9.U7 ACRES iVJORE OR LESS AND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION UFTtJSCA TRA:JLAND FISHER ROAD (~l/l{hl BIRD ROAD) IN WINTER SPRINGS, FLORIDA, AND MOR}.J PARl'.lCULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBrr "~A" ATTACHED HERETO FROl\'I SEMINOLE COUNTY ;'LDR~~ TO CITY OF WINTER SPRINGS "'RURAL RESIDENTIAL"; PROVIDING FOR THE REPEAL OJ." PRIOR INCONSISTENT ORIHNANCES AND RESOLUTIONS, SE-Vl<:;RAIHLITY, INCOR1"ORA TION INTO THE COJ\;lPREHENSIVE PLAN, AND AN EFFECTIVE DATE. ''''HEREAS, the future land use map anlendment embodied in this Ordinance i s a s.lnall scale ame.ndment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1 Xc), Florida Statutes; and WHEREAS, the Local Phmning Agency of the City of Winter Springs held a duly noticed public hearing on FebruaJY 4, 2004, in accordanre with the procedmes in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advil'e of staff, citizens, and all inte.reste.d pmiies submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public heaJingon the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and Cit)' of Winter Springs Ordinance No. 2004-07 Page 1 of 4 February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder. and \YHERE-AS, the City Commission of the City of Winter Splings hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NO\Y, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HE-RIi.3BY ORDAINS, AS FOLLOWS: Section 1. Red tals. llleforegoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuanr to, the Local Government Comprehensive Planning and L..Uld Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otllerwise fmther the provisions of the City of Winter Springs' Comprehensive Plan. Sect:ion4. Adoption ofAmendnu.'.ntto thcFuturc Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby (uneuded by designating the, real property depicted on Exhibit "A" from Seminole County "LDR" to City of Winter Springs "Rurnl Residential." Exhibit "A" is attached hereto and fully incorporated herein by this refeTence. Sc('tion 5. Transmittal to the Dcpartment.of Community Affairs. 'TIle City rv1anagc.r 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 Statute.s, and Section 9J-11, Florida Administrative Code. Clly of Winter Springs Ordinance No. 2004-07 Page 2 of 4 February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B Section 6. RCpC~lJ of Prior Inconll;stent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or uJlconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distincr and independent provision, and such holding shall not affecr the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any heading may be c.hanged or modified as necessary to effectuate the foregoing~ Sc-ction 9. Et'[(~cti"c Datc mHILeg~ll Status of'the Plan Amendment. The effective dale of this OrcUnance shall take etl'ect. thirty-one (31) days after adoption, in accordance with Section 163.3187(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs oj' the Admini.stration Commission issues a fmal order detelll1ining the adopted small scale Comprehensive. Plan Amendme.nt is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued oJ' commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shaH amend the City of Winter Springs' Comprehensive Plan and Clt)' of Winter Springs OrdInance No. 2004-07 Page 3 of 4 February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ADOIYfEJ) by the City Commission of the City of Winter Splings, Flolida, in a regular meeting assembled on the _ clay of ,2004. JohnF. Bush, Mayor ATTEST: Andn'a Lorcnzo-Luaccs, Cit)' CI(trk Apl>rOycd llS to legal form and sutllcicllc-y for the City of Wint(~r Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: O:\Doc3\City of \Yinter SprinS3\Ordinarn:e5'.Snl:U! Scak. FLUM1()~~7.....p:! City of Winter Springs Ordillanoe No. 2004-07 Page 4 of 4 February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B ORDINANCE NO. 2004-07 EXHIBIT" A" LOCATION MAP OUNMAR IR SUBJECT SITE ji US A TRL ~ LEGAL DESCRIPTION Commence at the Southeast Corner of Section 11, Township 21 South, Range 30 East, Seminole County, Florida, and run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; thence run N. OOdeg 14min 58sec E. 1401.63 feet; thence run N. 84deg 26min 51sec W., 15.06 feet to the Point of Beginning; thence continue N. 84deg 26min 51sec W. 489.52 feet to the easterly line of Fisher Road; thence S. 05deg 28min 34sec W. along said easterly line, 513.03 feet to a point on the arc of a curve concave to the west; thence southerly along said curve having a radius of 436.36 feet, a delta of 19deg 30min OOsec, an arc distance of 148.51 feet to a point of reverse curvature of a curve concave to the east; thence southerly along said curve, having a radius of 436.36 feet, a delta ofOldeg 37min 26sec, an arc distance of 12.37 feet to the northerly line of a 30 foot easement (Tusca Trail); thence S. 66deg 37min 43sec E. along said line, 215.76 feet to a point of curvature of February 23, 2004 PUBLIC HEARING AGENDA ITEM 401 a curve concave to the north; thence easterly along said curve having a radius of 803.74 feet, a delta of I1deg 09min 42sec, an arc distance of 162.42 feet; thence S 77deg 47min 24sec E., 210.31 feet; to a point of curvature of a curve concave to the northwest; thence northerly along said curve having a radius of20.00 feet, a delta of 101deg 57min 28sec, an arc distance of35.59 feet; thence N OOdeg 14min 58sec E., 775.59 feet to the Point of Beginning. TOGETHER WITH EASEMENT RIGHTS TO: TRACT "A" Commence at the S.B. corner of Section II, Township 21 South, Range 30 East, Seminole County, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; Thence run N. OOdeg 14min 59sec E. parallel with the East line of the aforementioned Section 11,568.916 feet to the S.W. corner of the "Richards" tract as described in O.R.B. 1231 at Page 601 ofthe Public Records of Seminole County Florida; Thence continue N. OOdeg 14min 58sec E. parallel with the East line of the aforementioned Section 11, along the West line of the "Richards" tract, 30.665 feet to the S.E. corner and the Point of Beginning of the tract about to be described, said point being the N.E., corner of New Tusca Trail; Thence run N. 77deg 47min 24sec W. along the Northerly line of New Tusca Trail, 40.014 feet; Thence run Easterly and Northerly along a curve concave Northwesterly, having for its elements a radius of 20.00 feet, a central angle of 10ldeg 57min 28sec and a chord bearing ofN. 5ldeg 13min 47sec E. for an arc distance of35.591 feet; Thence run N. OOdeg 14min 58sec E., parallel with the East line of the aforementioned Section II, 775.588 feet to the intersection with the Southerly line of the D.R. Mitchell survey of Levy Grant as recorded in Plat Book 1 at Page 5, Public Records of Seminole County, Florida; Thence run S. 84deg 26min 51sec E. along said Southerly line of the Levy Grant, 15.064 feet to the N.E. corner of the "Grindle" tract as recorded in O.R.B. 1976 at Page 904 of the Public Records of Seminole County, Florida; Thence run S OOdeg 14min 58sec W., parallel with the East line of the aforementioned Section 11, along the East line of said "Grindle" tract 802.055 feet to the Point of Beginning. Said parcel situated, lying and being in Seminole County, Florida. TRACT "B" NEW TUSCA TRAIL Commence at the S.E. corner of Section 11, Township 21 south, Range 30 East, Seminole county, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11,1452.00 feet; Thence run NOOdeg 14min 58sec E., 568.916 feet to the S.W. corner of the "Richards" tract as described in O.R.B. 1231 at Page 601 of the Public Records of Seminole County, Florida, said point being the S.E. corner and the Point of Beginning of the tract about to be described; Thence N. 77deg 47min 24sec W. along the Westerly projection of the Southerly line of the aforementioned "Richard" tract, 256.673 feet to the P.c. of a curve concave Northerly; Thence run February 23,2004 PUBLIC HEARING AGENDA ITEM 401 Westerly along said curve having for its elements a radius of 833.740 feet and a central angle of lldeg 09min 41sec for an arc distance of 162.415 feet; Thence run N.66deg 37min 43sec W. 214.718 feet to a point on the Easterly right-of-way line of Fisher Road; Thence run Northwesterly right-of-way line, along a curve concave Easterly, having for its elements a radius of 436.36 feet, a central angle of 03deg 56min 32sec and a chord bearing of N. 21deg 22min 52sec E., for an arc distance of30.024 feet; Thence run S. 66deg 37min 43sec E., 215.761 feet to the P.C. of a curve concave Northerly; Thence run Easterly along said curve, having for its elements a radius of 803.74 feet and a central angle of I1deg 09min 41sec for an arc distance of 156.571 feet; Thence run S. 77deg 47min 24sec E., 250.319 feet to a point on the West line of the aforementioned "Richards" tract; Thence run S. OOdeg 14min. 58sec W. along said West line of the "Richards" tract, 30.665 feet to the Point of Beginning. Said lands situate, lying and being in Seminole County, Florida.