HomeMy WebLinkAbout2004 03 08 Public Hearings 403
COMMISSION AGENDA
March 8, 2004
Meeting
Consent
Information
Public Hearin~ X
Reeular
ITEM 403
Mgr. f"-' /
Authorization
Dept.
//r
REQUEST: The Community Development Department - Planning Division requests the
Commission hold a Public Hearing for 2nd Reading / Adoption 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;
@)
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
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 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 ofLPA Public Hearing
Jan. 27,2004- Adjacent property owners within 150' Notified by Certified Mail
Feb. 04,2004- P& Z Board (LPA) 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
Feb. 23, 2004- 1st Reading of Ordinance 2004-07
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 21S RGE 30E FROM SE CORRUNN 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 NL Y 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:
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
I
Existing Land Uses Zoning FLUM
I I
Subject Site Vacant, Undeveloped A-I (SC)
North Single Family Residential R-Cl (WS)
South Single Family Residential R-IAAAA & RC-I (SC)
East Single Family Residential A- I (SC)
West Single Family Residential R-I AA (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 ofTusca 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 of the 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.
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
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, 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 2nd Reading/Adoption of
Ordinance 2004-07, a Small Scale Comprehensive Plan Amendment which changes 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. 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:
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A
Excerpts from P&Z/ Local Planning Agency Draft Minutes of Feb. 4, 2004
CITY OF WlNrER SPRINGS
DRAFT UNAPPROVED MJN{.I'TES
PLANNING Ai'l{D WNlNG :SOARDILOCAL PLAt~N1NG AGENCY
REGULAR. MEETING
FEBRUARY 4,2004
ri
CITY OF WIN"l'mt "lUNCIS
DUFI't.rW.PP'ROVBD MJNUtS$
PI...A.~C AM> Z<lMNG'U)CAL I'I..ANNtNI; .lQDlC'V
~ MRBTrNO .. F'I!8IU1AJtY 4y 2004
PAGE 2 OF 6
PlJIJUC ~GS
c. T"~ Comnuulity De\'tlopmeDt Department - Plunblg DhisioD
Requests The PlanDlDg And Zoning BMr4ILOcaJ Plumg Agell<!)' Rold A PubHc
Hu.rlng RRlatedl "fo Ordinance 1004-07 Which Adopt1J A Small Scale FLU~{
(Future LlUld U.t Map) Ameddlnent By Chllngine the Future Land Use Map
Designation Of A 8.5 Acre Parcel, Located At Bird Road And TD~awnla TraiL
From ILLow DensIty ResidentJal" (Seminole County) TQ ,cRural RC8.Id~ntJal'I:J (Oty
OrWintea- Spriogs).
Ms. SahlStrom said) "Recommend that the Local Planning Agoncy hold n Public Hearing
relating to Ordinance 2004-07 and recommend adoption for this piece of property
changing h from 'Low Density Resid~tial' to .Rural Residential''''
crrv f1'i woon SfRlNGS
otlAfT UNA.FPitO'VED M~U1llS
n.."'~NQ AND WP4lNG'LOCAL rt.ANNIl'iG AGE."'ICY
~"MmmNO - FfARUARY <4.~
fAGS) 016
Cl~
Board Mem.ber Rosanne K.arr sta.ted. loll went out to tho &ite, it is Tust4 TraiL n Board
Member Karr then wed, ILLs thaI m abbreviation for Tuscawilla Trail?" Ms. Sah1strom
replied, '"No. Tusca Trail is th( correct name of the location. The AgMlda. ~ 6i~ that tho
prop~y is located at Bird Road and Tu!cllwlIla Trail, it ~oUld ny 'Thsca TraU', not
'1'uscawilla" . II
Mr. Bruce BroadJler, 1415 Mea Trail, Winter Spn'ngs. Florida: commentoo on the
n~ to have some 5011 of ~ bu(fcr for the rather large lots ~oW1d the subject aite when it
is develop~d: indiclUod thai t.h.e property ownen; on 'fuse! Trail would lik~ to preserve the
oa.t:ural'a:ij)ec.:t"~nt;;.~and that there is a \\'ntt.eo Agreement in place that is on rWlro with
Stnlinole C().uney'whit;h States that the property can only be ac('.es~ offTusc.a Trail with
~e{lJ6ri'YewayWrvi.ng one (1) single-family ~tdl-~lce.
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
CITY OF wooaSfRlNGS
DfW1' UNAmU)VED M~utaS ~
PlANNlN'OJI.ND WNING'LOC4L rLANNDiC AGf..~CV
. .... 1\OOIIt,\'''IlmNC-VfJlR~~~ cf
~I' l\1AKE:A.'l\IQTlON THAT THE PLANNING Ai'1D ZONING BOARD/LOCAL
PLAl~l'(l~G AGE~CY IN RESPONSE TO IBIS, AS A RESULT OF THIS
P.UB:L1C liEJ\RING . ADOPT A SMALL SCALE FLUM [IlUfURE LAND USE
l\fA~-1 At'.'m~Dl~fENT BY CHANGING THE FUTURE .LANP USE MAP
D:€SlGNATION ON THE SUnJEcr'.~O~)i:.1:TVAr.r ntRD.R.OADAND ruSCA
TRAIL' FROM.-'LOW DENSrtY: J.lF~l])EmlAL'; WHICH JS' 'SE'MINOLE
C()trNTl'~ ZQ~~NGI TO 'RURAi:R.Es.IDENTIN/ dTYQF wm-1;~jf~I?1uNGS
ZONfNG~~j. :MO:flON BY BOARD-l\mMBt.R :~.SECO!'ll>EDBY .BOARD
~MBE}:{I'OE'.Df8CUSSION_ ,...-. ... .. ,.' ,". '.. . . .. .
VOTE:.
.BOARDMJiMBl~~~AYE
.llQA.RU. M~~a POE: . AYE
'R9AJU):~~~ VQs.1<A; AYE
- "1:tE'CfUIR.PE~qN IQttl,!JS~ 1\ YE
wnON CAJU.t]rEl.). :
, . . , . .. . . ~ - .. ,. - -' ,i
.~.j~ Ch.al.rp~on l&ebsrreq\l~~ "Can we set: that the conc<ms oftl1js gon11eman. (Mr.
BroadfierJ are recorded- and giVQ't1 to tho [City] Cmunis910n so that when they do go to
vot~ Qn this they have thi! information and lt1.g C()ncems in thdr hands."
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
ORDINANCE NO. 2004-07
AN ORDINANCE OF' THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, ]{'LOIUDA, ADOPTING A
SlVIALL SCALE FLUMAMENDMKNTBY CHANGING-THE
FUTURE LAND tJSE.l'vIAP DESIGNAT.ION OF THE REAl..
PROPERTY CONSTITUTING A PARCEl.. OF 9.07 ACRES
MORE OR LESS AND LOCATED AT THE NORTHEAST
CORNER OFTHEINTKRSEC]'ION (lFTlJSCA TlliULAND
FISHER ROAD (a1khl BIRD ROAD) IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY Uf.jPICTEU AND
IJEGALLY DESCRIBED ON EXHIBIT ':A" ATTACHED
HERETO FROM SE1VllNOLE COUNTY :'LDRJ' TO CITY OF
WINTER SPRINGS HRURAL RESIDENTIAL"; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RE.sOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN,
AND AN EFFE.cTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs CompJehensive Plan in accordance with Section
163.3187(lXc), Florida Statutes; and
WHI~RltAS, the Local Planning Agency of the City of W inte.r Springs held a duly noticed
public hearing on Febmary 4, 2004, in accordance with the procedures 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 City Commission of the City of Winter Springs held a duly noticed public
healing on the proposed amendment setforth hereunder and considered findings and advice of staff,
citizens, and all interested pal1iessubmitting written and oral comments and supporting data and
City ofWinklr Springs
Ordinance Nll. 2004-07
Page I of 4
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder. and
WHEREAS, the City Commission of the City of \Vinter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW', THEREFORE, THE CITY COMMISSION OF THE CITY OF W'INTER
SPRINGS HE-REBY ORDAINS, AS FOI...LO\i\iS:
Section 1.
Recitals. l1leforegoing recitals are true and correct and are fully incorporated
herein by this mference.
Section 2.
Authority. This Ordinance is adopted in compliaJlce with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3.
Purllose mul Intent. His hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise f1.l/therlhe provisions of the City
of \Vinter Springs' Comprehensive Plan.
Section 4.
Adoption of Amendmcnt 10 thc Fulul'cLand Usc Map. TIle City of Winter
Springs' Comprehensive Plan, Future. Land Use Map, is hereby amended by designating the real
property depicted on Exhibit ':A" from Seminole County "LOR" to City of Winter Springs "Rural
ResidentiaL" Exhibit "A" is attached hereto and funy incorporated herein by this reference.
SN:tion 5.
Transmittal to tJl(~ D(!partm(!utofCommunity Affairs. TIle City Manager
or his designee is hereby designated 10 sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(1)( c)(4), Florida Statutes, and Section 9J -11, Florida Administrative Code.
City of Win tel' Sprlngs
Ordinance No. 2004-07
Page 2 of 4
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
Section 6.
Repeal of Prior Inconsistcnt Ordinances and Re."iolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, 01' parts of priorordinam_'es
and resolutions in conflict herewith, are hereby rel-'lealed to the extent of the conflict.
S(~ction 7.
SI..'vernbiIity. If any section, subsection, sentence, clause, phrase, word 01'
provision of this Ordinance is for any reasonhelcl invalid or unconstitutional by any court of
competent jurisdiction, whether for suhstantive, procedural, or any other reason, such portion shall
be deemed a separate, distincr and independent provision, and sllch holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8.
lncorporationinto Comprehensivc Plan. Upon the effective date ofllle
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs' Compre.hensivePlan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9.
Effective Date and Legal Status of thcPlall Amendment. The eJfective
date of this Ordinance shall take eJfect: thiJ1y-one (31) days after adoption, in accordance with
Section I 63. 31 87 (3)(c), unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become eft'eclive at such time as the FJotida Depattment of Community
Affairs or the Administration Commission issues a final orde.r determining the adopted small scale
Comprehensive Plan Amendment is in cOIlIpliance. No development. orders, development. permits,
or land use dependent on this Amendment may be issued or commenced l'lefol'e it has become
effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan atId
Cit)' of Winter Springs
Ordinance No. 2004-07
Page 3 of 4
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
be.come a part of that plan and the Amendments shall have the legal status of the City of \\linter
Springs' Comprehensive Plan, as ame.nded.
ADOPTED by the City Commission of the City of \Vinter Splings, FlOlida, in a regular
meeting assembled on the _ clay of
,2004.
JohnF. Bush, Mayor
ATTEST:
Andrea Lorenzo- Lua(:(~s, City Cl(~l'k
Approved as to Icgal form and sutJlcicncy for
the City of Winter Slnings only:
Anthon)' A. Gargancse, City Attorney
First Reading:
Second Reading:_
Effective Date:
Q:\Docs\City of Winter Sprinss\Ordinaoce&~.sm.u1 Scale H.U~.l2()~~i......pd
Cit}' of Winter Springs
Ordinance No. 2004-07
Page 4 of 4
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
ORDINANCE NO. 2004-07
EXHIBIT" A"
LOCATION MAP
SUBJECT SITE
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
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
ORDINANCE NO. 2004-07
EXHIBIT "A"
a curve concave to the north; thence easterly along said curve
having a radius of 803.74 feet, a delta of 11 deg 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
of 35.59 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.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 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 of the 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 101deg 57min 28sec and a chord bearing ofN. 51deg 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 11, 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 IUn S. 84deg 26min 51sec E. along said Southerly line of the Levy
Grant, 15.064 feet to the N.E. corner ofthe "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.
March 8, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
ORDINANCE NO. 2004-07
EXHIBIT "A"
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. ofa curve concave Northerly; Thence run
Westerly along said curve having for its elements a radius of833.740
feet and a central angle of Ildeg 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 of803.74
feet and a central angle of 11deg 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 ofthe "Richards" tract, 30.665 feet to the Point of
Beginning. Said lands situate, lying and being in Seminole County, Florida.
ORDINANCE NO. 2004-07
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 9.07 ACRES
MORE OR LESS AND LOCATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF TUSCA TRAIL AND
FISHER ROAD (a/k/a BIRD ROAD) IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO FROM SEMINOLE COUNTY "LDR" TO CITY OF
WINTER SPRINGS "RURAL RESIDENTIAL"; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN,
AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency ofthe City of Winter Springs held a duly noticed
public hearing on Febmary 4, 2004, in accordance with the procedures 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 City Commission ofthe City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
City of Winter Springs
Ordinance No. 2004-07
Page 1 of 4
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2.
Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3.
Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City
of Winter Springs' Comprehensive Plan.
Section 4.
Adoption of AmendmenttotheFuture Land Use Map. TheCityofWinter
Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit "A" from Seminole COWlty "LDR" to City of Winter Springs "Rural
Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5.
Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(1)(c)(4), Florlda Statutes, and Section 9J-l1, Florida Administrative Code.
City of Winter Springs
Ordinance No. 2004-07
Page 2 of 4
Section 6.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7.
Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8.
Incorporation into Comprehensive Plan. Upon the effective date ofthe
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9.
Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3187(3)( c), unless challenged within thirty (30) days after adoption ofthis Ordinance,
then this Ordinance shall become effective at such time as the Florida Department of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
Comprehensive Plan Amendment is in compliance. No development orders, development permits,
or land use dependent on this Amendment may be issued or commenced before it has become
effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and
City of Winter Springs
Ordinance No. 2004-07
Page 3 of 4
become a part of that plan and the Amendments shall have the legal status of the City of Winter
Springs' Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of
,2004.
ATTEST:
John F. Bush, Mayor
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\Docs\City of Winter Springs\Ordinances\Small Scale FLUM2004-07.wpd
City of Winter Springs
Ordinance No. 2004-07
Page 4 of 4
ORDINANCE NO. 2004-07
EXHIBIT" A"
LOCATION MAP
SUBJECT SITE
!I
LEGAL DESCRIPTION
SEC 11 TWP 21S 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