HomeMy WebLinkAbout2004 02 23 Public Hearings 403
COMMISSION AGENDA
February 4.2004
Meeting
Consent
Information
Public Hearing X
Re2ular
ITEM 403
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Mg[.; /
Authorization
Dept.
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REQUEST: The Community Development Department - Planning Division requests the
Commission hold a Public Hearing for First Reading of Ordinance 2004-05, a Small Scale FLUM
Amendment which changes the Future Land Use Map designation of8.9 acres (more or less), located at
900 East SR 434 adjacent to Central Winds Park, from "Suburban Estates" (Seminole County) to "Town
Center" (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 two parcels recently annexed into the City from
Seminole County. The City is initiating the change as the applicant and as the property owner.
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 Sprio2s Charter Section 4.15 Ordinances in General.
Winter Sprin2s Article III. Comprehensive Plan Amendmeuts
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
~
February 23,2004
PUBLIC HEARING AGENDA ITEM 403
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:
Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding
Central Winds Park.
Dec. 2003- Property posted with signage Noticing Upcoming Meetings
Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42.
Jan. 25,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Feb. 04, 2004- P& Z Board (LP A) heard the request and recommended approval.
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 - City of Winter Springs
Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030
Acreage - approx. 8.9 acres
General Location - The site is vacant and is located adjacent to the west side of Central Winds Park
at 900 East SR 434 and previously was referred to as the "Wincey tract".
Legal Description - The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion
of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as
recorded in Plat Book I, Page 5, Public Records of Seminole County, Florida.
Existing Land Use - The property is currently vacant, although previously it had a mobile home,
bam and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the
following:
Existing Land Uses Zoning FLUM
Subject Site Vacant, Undeveloped A-I (SC) SE- Suburban Estates (SC)
~ ~_,____~'~~"~'___~"M"'_'__'M""M_"__'H_'___ ..._......__.___.__.._____......________w.__ ~___....____._...____...,__________......__.
North Lake Jesup - -
------------_...... .--.-------...------............-....-.......--...-.............. ---...--...-..-,.....-...........................--.......-..........---..........- .....--..........--.....---.....---............-......-...........--............--.
South Single Family Residential Cool (WS) Commercial (WS)
-----.........--.-............................---.--.......-- -----...----....---.---....--.-----........ ---.........-......---......-.........--..--.........-......----
East Central Winds Park Town Center (WS) Town Center (WS)
__.........._________._______.__._______...._ __...._...................._....___.____._M._M.MM._ ___.ri.M.ri_.M___.___M__M_______._.____
West Single Family Residential A-I (SC) SE- Suburban Estates (SC)
(WS) Winter Springs; (SC) Seminole County
Development Trends - The City purchased the subject site for the purpose of expanding Central
Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake
Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition of this property
completes the Master Plan of property expansion for Central Winds Park as recommended to the
City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000
February 23,2004
PUBLIC HEARING AGENDA ITEM 403
State FURDAP Grant provided the balance of funds needed to fund the acquisition.
The future utility area has been designated by the Commission as the temporary site for the City of
Winter Springs Paw Park.
Proposed Future Land Use Classification - The proposed future land use map designation from Seminole
County "Suburban Estates" to Winter Springs "Town Center" is appropriate and compatible with the
general character of the area.
Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from the general
public, but no one voiced any opposition.
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 of the City. A Winter
Springs "Town Center" designation most closely resembles the character ofthe area (including
Central Winds Park, City Hall and Winter Springs High School which also have the Town Center
designation and maintains continuity with these properties which are adjacent.
Public Facilities - The ability to expand Central Winds Park int:o this property, complete a circular
traffic artery to provide better access and improved traffic control, additional parking, and a site for
the water reclamation facility will have a positive impact on public facilities and services.
Nuisance Potential Of Proposed Use To Surrounding Land Use~ - 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.
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, appearance1 and other factors deemed
important.
PLANNING & ZONING BOARD / LPA ACTION:
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
February 23, 2004
PUBLIC HEARING AGENDA ITEM 403
Future Land Use Map designation of the newly acquired City parcel at 900 East SR 434, from
"Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs) and voted
unanimously to recommend it to the City Commission for Approval.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2004-05, adopting a Small Scale Comprehensive Plan Amendment changing the Future Land Use
Map designation on the subject property at 900 East SR 434, from "Suburban Estates" (Seminole
County) to "Town Center" (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 2004-05
Feb. 26,2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption
Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-05
ATTACHMENTS:
A. Central Winds Park Expansion Area Plan
B. Planning & Zoning Board / Local Planning Agency Minutes from Feb. 4, 2004
C. Ordinance 2004-05 including Map & Legal Description
COMMISSION ACTION:
February 23, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A
Central Winds Park Expansion Area Plan
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CENTRAL WINDS PARK, EXPANSION AREA
CITY OF \~rNTER SPRINGS, PARKS & RECREATION DEPART]\'1ENT
February 23, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
P&Z Board / Local Planning Agency Minutes from Feb. 4, 2004
02/18/2004 10:36 4076998584 NIS JKREBS
FEB-l8-2004 10: 21 CITY CF WINTER Sffilt-GS
flAG!:. tll
40? 3'Z7 4753 p.e1
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MlNlJTES
PLANNIN'G AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING
FEBRUARY 4,2004
cI
CALL TO ORDER
Tape !/Side 8
The Planning and Zoning BolU'dlLocal Planning Agenr,y Rogular Meeting ofWedne$day,
February 4, 2004 was called to order at 7:02 p.m. by Vice OlaUperson Joanne Krebs in
the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road
434, W"mter Springs, Florida 32708).
Roll Call:
Chaimum Tom :Brown, absent
Vice Chairperson Joanne Krebs. present
Board Member Rosarmc Karr, present
Board Momber William PQe, present
Board Member Ned Voska, present
PUBLIC HEARINGS
JlV]lLIC BEAJl.XII'08
A. Community Developll1eJlt DeparCmellt - PlaaniDg DivisioB
Requem The Pluuing ADd Zoning BoardILocal Plan.Dlag Agency Hold A Public
Hearing Related To OrdlD.ance 2004-05 Which Adopts A SIIIIID Scale FLUM
(Futllre Lab.d Use Map) AmeJldment By Cltangiag The Future Land Use Map
Designation or 8.9 Acres (More Or LelIs)t Located At 900 FAut State Road 434
Adjacent To Central Wbuls P8I'k., FroIO "Suburbu. Estate$" (Semlnole County) To
"Town Center" (City Of Winter SpriD2I).
Ms. Eloise Sahlstrom. AlCP, ASLA, Senior P1I.nnet, Community Devalopment
Department, Slated, "Staff reqUe5ts that the Local Planning Agency make the
recommendation to the City ComroissiOIl 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 MAPl AMENDMENT BY CHANGING THE FLUM
(FUTURE LAND USE MAP] DESIGNATOR FROM 'SUBURBAN ESTAtES' TO
cTOWN CENTER.?>> MOTION BY BOARD MEMBER POE. SECONDED BY
BOAR]) MEMBER. KARR. DISCUSSION.
~4'~O'4~~~ ~~.~O ~~IO~~O~O~ I~~~ ~~~~~~
FEB-18-2004 10:21 CITY (F WINTER sPRlfoIi'S
t-'Al;lt:. l:lL
407 327 4?S3 P . 02
CITY OF WINTBR. 9PAlNOS
DRAFT UNAPPROVED MJMJTBS
PLANNING AM> ZONlNGlLOCAL I"LANNJ:NQ ACENC'V
REGUI.AIt. MESTINO - JIEBillIAAY 4. 2004
PAOE20F6
VOTE:
BOARDMEMBERPOE: AYE
VICE CHAIRPERSON KREBS: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBltR VOSKA: AYE
MOTION CAlUUED.
PUBLIC HEAlUNtJS
B. Community Development Department - Plamli.al DI'Vkioll
ReqastB The PlannIng ADd ZoDing Boar<l Hold A Public H~ring Related To
Onlmllllce 2004-06 Wbicla Rooaa8.' Acre. (More Or Lea), Located At 900 East
State RoAd 434 AdjateJlt To Central Wind. Park, From" A-I" (Seminole COQ~ty)
To "TOWB Center" (City OeWinter Sprlogs).
Ms. SahlstrOm statcd, 4~taff recommends that the Planning Zoning Board recommend to
the [City] Commission a -chango from 'A-l' Zoning SeaninOu, County to City of Wmter
Springs 'Town Center' Zoning."
Uf WOULD MOVE TO APPROVE ORDINANCE lQ04..06 WHICH REZONES
SUBJECT PRO'ERTY FROM 'A-I' SE.MlNOLE COUNTY TO CITY OF
WlNTER SPRINGS 'TOWN CENTER'." MOnON BY BOARD MEMBER POE.
SECONDED BY BOARD MEMBER VOSKA. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
BOARD MEMBER KA.RR: AYE
BOAl\I) MEMBER PO!:: AYE
BOARD ME){8ER VOSKA: AYE
MOTION CARRIE}).
PUauc flEARINGS
c. ne Community De'felopmeDt Department - PlIUIDiDlt Division
Requesu Tbe PlanD.lDg And Zoning B01lrdlLocaJ PlanDlDg Ageaey Hold A hblle
Hearlrtg Related To Ordin.aDce 1004-07 Wbich Adoph A Small Scale FLUM
(Future Land Ule Map) Amendment By Changine The Future Laod Use Map
Designation or A 8.5 Acre Parcel, Located. At Bird Road And TUlUwOla Trail,
From "Low Density ResidentJal" (Se.mta.ole County) To 'cRural ResldentJaI'" (City
OfWinttt Spri.Qgs).
Ms. SahlStrom said, ~'Recommend that the local Planning Agency hold n PubIjc Hearing
relating to Ordinance 2004-07 and recommend adoption for this piece of property
changing it from 'Low Density Residential' to 'Rural Residentiap.t.
FE'B-1B-20!1'J4 10=22 CIl1' CF WINTER SflRII'm 40'7 3'Z7 4753 P.W
.........r .'..", a."'.."'-,,,,,,, .a.1J. wlJ '""'-' r '-'-'.JV'-'(J"'t 1'lJ.,;::) o,Jt\r\t:..o~ t-'Abt:.. v.Jj
CITY OF WIN'T.a SPRINGS
DRAli'rUNAPPROVED MtNUTBS
I'LANMNQ AND WNlNGILOCAL PLAJ'iIt'lD'lC AGENCY
REGUl-^1t MSSTlNG - FEBRUAAY 4. ~
P.AGS ) 016
Board Member Rosanne Kart awed, "1 went out to the site, it is TUsca Trail." Board
Member Km- then asked, ('Is that an abbreviation fur Tuscawilla Trail?"' Ms. Sahlstrom
replied, "No. Tusca Trail is the correct name of the l()~ation, The Agenda ~ says that the
property is located at Bird Road and Tuscawilla Trail, it should gay 'Tusca Trail'. not
cTuscawilla' ."
Mr. Bructl Broadfter. 141 S fuca Trait Winter Springs, Florida: commented on tlle
need to have some sort ofa bu:(Fe:r for the whet hu'ge lots: ~ound the 8nbj~t eite when it
is developed; indicated. that the property owners on Tusea Trail would 1i1ce to presctVe tbe
natural aspect of it; and that there is a wrirten Agreement in place that is on rtt.ord with
Seminole County which states th,a.t the property can only be BcCe$S$(l off~ Trail with
one (1) driveway BeIVing one (1) singlo-fami1y teside.I]Ce.
"I MAKE A MOnON THAT TIlE PLANNING AND ZONING BOARDILOCAL
PLANNING' AGENCY IN RESPONSE to rBl8, AS A RESULT OF TIDS
PUBLIC HEARING - ADOPT A SMALL SCALE FLUM (FUTURE LAND USE
MAPI AMENDMENT BY CHANGING THE FU11JRE LAND USE MAP
DESIGNATION ON TUt SUBJECf PROPERTY AT BIRD ROAD AND TUSCA
TRAIL FROM 'LOW DENSITY RESIDENTIAL', WJlUCH IS SEMINOLE
COUNTY ZONING, TO 'RURAL RESIDENTIAL' CITY OJ' WINTER SPRINGS
ZONING." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD
MEMBER POR. DISCUSSION.
VOTE:
BOARD MEMB~R KARR.: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOBKA: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARlUED.
Vice Chmperson Krebs requested, "Can we see that the ooncerns of this gentleman. [Mr.
Btoadfier] are recorded and givon to tho [City] Commjsslon so that when they do go to
vote QT1 this they have this information and big concerns in their hands,"
~
FEB-18-2004 10: 22
CITY CF WINTER :flR1t-m
40'7 3Z? 4753
I M\.;.lr.;.. r;"..I'"
P.04
cnY OF W00'Bll8PRJNCi$
I>RAFr UNAPI'IlDVBD MINUTES cI
PI..ANIIII!IlCi ANb ZONlNGILOCAL I'I...I\NNrNG A.O!SCV
aoouLAR M'EliTINQ - FllBlUARY 4, 2004
PI\o054 0'6
ftI8UC In:AIUNCS
D. Commamty Development Department - Plmalng DJlvtsioD
Requua The Planning ADd Zolling Board I{oJd A Public Hearing Related To
Ordinance 1004-08 Which Rezones 8.5 Acres (More Or Lei!!), Located At Bi..d Road
And TuscawUl. Trail, From "A-I" (SemlP.ole County) To "R-Cl'l (City OfWiDter
Springs).
Ms. SabJstrom stated, "St.a.tfhaa determined that the fourteen (14) review standards have
been satisfied and recommends that the Planning !Uld. Zoning Bow hold a Public
Hearins relating to Ordinance 2004"()8 Which changea the Zoning cla8sification on the
Renshaw property at Bird Road and Tuscawilla Trail, from 'A-I' Se~le County to "R_
C!' City of Winter Springs.n
Mr. Ste~ Rike, 1416 Twca Trail, Winter Spring.r, Florld4: requested explanation on
why there are two (2) Agenda Items for this issue.
Ms. SahlstrQm briefly eocplained the two (2) separate prorases related to Annexation
from Seroinole County.
Disc~ion.
"1 RECOMMEND THAT THE PLANNING AND ZONING BOARD, AS A
RESULT OF TIDS PUBLIC HEARING, RELATED TO ORDINANCE ZOO4-08,
WHICH CHANGES TIlE ZONING CLASSIFICATION ON THE SUBJECT
PROPERTY AT BIRD ROAD AND TUSCA TRAJL, FROM "A-I" SEMINOLE
COUNTY TO "R-Cl" CITY OF WINTER SPRINGS. I RECOMMEND THAT
WE APPROVE THIS AND MOVE IT ALONG.'" MOTION BY BOARD
MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION.
'rape IISiclr A mda
VOTE:
BOARDMEMBERKARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VQSKA: An
VICE CHAIRPERSON KREBS= AYE
MonON CARRIED.
rM.Ul:. f.J.L
FE13-18-2004 12:30
C tTV CF W II'fTER SPR INGS
40? 327 4753
P.01101
REGULAR AGENDA
CITY Of WlN11iR. SPIUNGS
'OftAFl' UNAPl'kOV2D MINVT'BS.
n.J.\NNING AM) ZONINGII.C>(,U. PLANNING ^,CENCY
RBGULAR MD'I1l.IIa - fBBft.UARY4.~. ~
P-'~r
Il&GULAIl
A. Final EDgiDeeriDglSite PIau For Pbll ReetlelNunery Road Commercial
Develo~meot.
Ms. Sahlstrom introduced the Agenda Item. Ms. Sahlstrrnn indicated that1 "'There is a
serivenw.s error. The correct number oftree$ is twenty..two (22) instead. oftwmty-three
(23)."
Next, Ms. Sahlstrom stated, '"Staff recommends the P@nni.ng and Zoning BoardILocal
Planning Agency ooll8ider end recommend to the City Commission approval of the Final
Engineering/Site Plan fQr a 6.628 - acre tract at the northeest comer of the intersection of
Highway 17-92 and. NUlSet)' Road. The site has a Cotnmercial. Future Land Use
designation and is within the "G-2' Comme.rcjal Zoning District."
ol.Cl RECOMMEND THAT THE CITY COMMISSION APPROVE A FINAL
ENGINEERING/SITE PLAN FOR THE 6.618 - ACRE TRACT AT mE
NORTHEAST CORNER OF THE INTERSECTION OF u.s. IDGHW AY 17-92
AND NURSERY ROAD WITH THE COJUlECTION TO THE SCIRIVENER'S
ERROR MENTIONED BY MS. SAHLSTROM." MOnON BY BOARD
MEMBEJt. POE. SECONDED. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
BOARDMEMBERKARR: AYE
BOARD MEMJl:ER rOE: A\'E
BOARD MEMBER V08KA: AYE
l\JOTION CAlUQ~~
'hpe '/SIde A
TOTAL P. 01
~~/~O/~~~~ ~~;~b q~/b~~O~Oq N!~ ~KK~~~
FEB-18-2la04 10: 22 Cl TY 0= WINTER Sf'RI I'GS
PAGE 85
407 327 4753 P. 06
CITY OF WJNTEll SPRINGS
DMFTUNAPla.oVBDMlNUTllS ~
f'LA2l(NJNC AN!) t.01UNCM.OCAI.lLANNING AGENCY .
aBGULM IlGETING - FElUWAAY 4, ~
PAG86 OF6
ADJOURNMENT
With oonsensus of the Board, Vice Chairperson Krebs adjourned the Meeting at 8;30
p.m.
RESPECTFULLY SUBMITTED BY:
DEBBm FRANKLIN, DEPUTY CITY CLERK, AND
PATRICIA SCHRAFF
ASSISTANT TO THE CITY CLERK
APPROVED:
TOM BROWN, CHAIRMAN
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
Ci~ CleTIc\Mvi80lY Bo~ and COYmli!!lles\l'&ZIallMflNUTBS'm04Ool MOUU.ltdIxl
}IOJ'5: ~ MlnulllS ~ lIPP1'Oved at Ole
Ncr:dn.,
, 2004 Plamrilltll:dd ZonlnglI.ocal Pbrming Ascncy R.ollullT
TOT~ P.eb
February 23, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C
ORDINANCE NO. 20114-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONSTITUTING A PARCEL OF NINE (9)
ACRES MORE ORLESSANDLOCA TEIHVITHIN 'VINTER
SPRINGS, FLORIDA, AND LEGALL Y DESCRIBED AS EAST
1/2 OF LOT 3, BLOCK C, AND EAST 1/2 OFLOT 3, BLOCK D,
OF MITCHEI,L'S SURVEY OF LEVY GRANT ON LAKE
JESSUP, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE S, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
INCLUDJNGTHATPORTION OFORANGEA VENUE THAT
INTERSECTS THE TWO LOTS, AND GENERALLY
LOCATED ON STA TEROAD 434 ADJACENT TO CENTRAL
'VINDS PARK AND MORE PARTJCULARL Y DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE
COUNTY "SE-SUBURBAN ESTATES" TO CITY OF'V INTER
SPRINGS "TOWN CENTER"; PROVIDING FOR THE
REPEA]~ OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORA TION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE
DATE.
WHEREAS, the future land use map amendmentembodiecl in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(J)(c). Florida Statutes; and
WHEREAS, the Local Planning Agency oft.he City of Winter Springs held a duly noticed
public hearing on February 4. 2004, .in accordance with the procedures in Chapter 163, Part Ll,
FIOIida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
advice of staff, citizens, and all interested pal1ies submitting written and oral comments and has
recommended adoption to the City Commission; and
City of Winter Springs
Ordinance No. 2004-05
Page I of 4
February 23, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
healing on the proposed amend ment set forth hereunder and consi de red t1ndings and advice of staff,
citizens, and all interested partie..s submitting wlitten and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set fOllh hereunder; and
\VHEREAS, the City Commission of the. City of \-Vinter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and we.lfare of the citizens of Winter
Splings.
NOW, THERKFORE" THE CITY COMIVIISSION OF THE CITY OP WINTER
SPRINGS HERE,BY ORDAINS, AS FOLLOWS:
Seetion 1.
Reeihlls. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Sectioll 2.
Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land DeveJopment Regulations Act.
Section 3.
Purpose muJ Intent. It is hereby declared to be the purpose and intenlof this
Ordinanc.e to c]alify, expand, correct, update, modify and otherwise further the provisions of the Ci ty
of Winter Springs' Comprehr<nsive Plan.
S(~('tioIl4.
Ad opt ion of A mendment to the Futurc Land Use M~l p. The City of W i.nter
Springs' Comprehensive Plan, Future u-II1d Use Map, is hereby amended by designating the real
propel1y depicted ong~J1iblt HA" 1)'0111 Seminole County "SE-Suburban" to City of Winter Spli ngs
"Town Center." Exhibit "A" is attached hereto and funy incol]mJJ\ted herein by this reference.
City of Winter Springs
Ordinance No. 2CXl4-05
Page 2 of 4
February 23, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C
Section 5.
Transmittal to the Department of Conununit)' 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 acoordanc'e with Section
163.3187(lX c)( 4), Florida Statutes, and Section 9J-l1, Florida Administrative Code.
Section 6.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resol utions adopted by the City Commission, or parts of plioI' ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict
Section 7.
Seventhility. If any section, subsection, sentence, clause, phrase, word or
provision of tllis Ordinance is for any re3son 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 pOltions of this Ordinanc.e.
Section 8.
Incorporation into Compl'l!hensive Plan. Upon the effective date of the
Comprehensive Plan Amend menl adopted by this Ordinance, said Amendment sha11 be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter
and any ]1eading may be changed or modified as necessary to effectuate the foregoing.
Section 9.
.lUl{~l'ti\'c Date mId Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thilty-one (31) days after adoption, in accordance with
Section 163.3187 (3)(c), unle.ss challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effec.tive at suc.h time as the Florida De.partment of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
CHy of Winter Springs
Ordinance No. 2004-05
Page 3 of 4
February 23,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C
Comprehensive Plan Amendment is in compliance. No development orders, development permits,
or land use dependent on this Amendment may be issued or commenced before it has become
effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Spring.s' Comprehensive Plan and
become a part of that plan and the Amendments shall have the legal status of the City of Winter
Springs' Comprehensive Plan, 3S amended.
ADOPTED bylhe City Commission of the City of Winter Springs, Florida, in 3 regular
meeting assembled 011 the _ clay of
,2004.
.lol1nF. Bush, M~lyor
ATTEST:
Andrea Lorenzo-l...uaces, City Clerk
Approved as to legal form mId suft1cienq for
the City of \\'inter Springs only:
Anthon)' A. Garganese, City Attome)'
First Reading:
Second Re<lding:
Effective Date:
O:I.DOClI.Cit}' of Winter Springl\OrdlmlOce.s\Sma.l! Scale. FLUM2004..o5. wpd
City of Winter Springs
Ordinance No, 2004-05
Page 4 of 4
February 23,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C
ORDINANCE NO. 2004-05
EXHIBIT "A"
LOCATION MAP
SUBJECT SITE
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LEGAL DESCRIPTION
The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue
lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1,
Page 5, Public Records of Seminole County, Florida, being more particularly described as follows:
Begin at the intersection of the West line of the East Y2 of said Lot 3, Block D and the Northerly
right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official
Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E
along said West line, and along a Northwesterly projection thereof and along the West line ofthe
East Y2 of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate
edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33'04" E along said
East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D
a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S
82d52'56" W along said Northerly right-of-way line a distance of251.42 feet to the Point of
Beginning.
Containing 8.9 acres more or less.