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Ordinance 12-1994ORDINANCE NO. 12-1994 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING ORDINANCE, NO. 1019, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN FOR THE CITY OF LONGWOOD, FLORIDA; SAID SMALL SCALE PLAN AMENDMENT (SPA 01-13) CHANGING THE LAND USE DESIGNATION ON THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR A PORTION OF THE PROPERTY WITH THE PARCEL ID 31-20-30-5AU-0000-8330 FROM CONSERVATION (CON) TO INFILL AND MIXED -USE (IMU) PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, on July 20, 1992, the City of Longwood adopted its Comprehensive Plan (Ordinance No. 1019) pursuant to the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5 Florida Administrative Code; and WHEREAS, Chapter 163.3174 (4) (a), Florida Statutes requires the Land Planning Agency (LPA) to make recommendations to the governing body regarding amendments to the Comprehensive Plan; and WHEREAS, the LPA held a public hearing on February 13, 2013 to consider the Small Scale Plan Amendment request; and recommended the proposed Small Scale Plan Amendment (SPA 01-13) be approved by the City Commission; and WHEREAS, the City Commission held a public hearing on March 18, 2013 pursuant to the requirements of Chapter 163.3187, FS. BE IT SO ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1: The following portions of the Future Land Use Map of the Comprehensive Plan are hereby amended to change the land use designation of a portion of the property described as: Ordinance 12-1994 - Page 1 of 3 349 E. SR 434 Property ID#: 31-20-30-5AU-0000-8330 as depicted in EXHIBIT A, from CONSERVATION (CON) TO INFILL AND MIXED USE (IMU), attached hereto as though fully contained herein. SECTION 2: If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of this Ordinance. SECTION 3: If any Ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. FIRST READING this _4tik- day of—� , 2013. SECOND READING this %3 ' day of MdV.,A 2013. FINAL READING AND ADOPTION this / 8 5�— day of a r , 2013. Brian D. Sackett, Mayor ATTEST: Sarah M. Mirus, MMC, MBA, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. Ordinance 12-1994 - Page 2 of 3 Ordinance 12-1994 Exhibit A Vicinity Map and Proposed Land Use Change 349 E. SIR 434 Small -Scale Plan Amendment 01-13 Existing Proposed Ordinance 12-1994 - Page 3 of 3 rua,, It LoNGWOOD City of Longwood Comprehensive Plan Amendment Project Name: BRUCE PROPERTY Date Submitted: 1/11/2013 Property Address: 349 EAST SR 434 Tax ID Number(s): 31-20-30-5AU-0000-8330 Property Acres: +/- 0.95ac Gross Floor Area Current: Future Land Use TMTT F, r nn T Planning District IMU & CON Proposed: Future Land Use IMU & CON Existing Use COMMERCIAL Proposed Use COMMERCIAL Planning District IMU & CON Property Owner Applicant Name SAME Address P.O. BOX 520532 LONGWOOD,FL 32752 Phone 407-256-6184 E-Mail RBRUCE1@CFL.RR.CO Fax Pre -Application Meeting Before submitting this completed application, you will need to schedule a pre - application meeting with Department staff. In this meeting, a tentative timeline will be established for your project including the schedule for public hearings, variances, and any other potential requirements. This meeting has a fee of $50. Public Notice The subject property must have notice posted in at least one conspicuous place on the subject site not less than 10 days prior to the LPA public hearing. Citizen Awareness and Participation Plan Meeting Prior to your pre -application meeting, you will receive an e-mail with the Citizen Awareness and Participation Plan (CAPP) Program booklet that discusses the public notification procedures related to site plans. Some applications will require a CAPP meeting, which will be discussed at your pre -application meeting. Review Fee A deposit may be required by the Department Director or City Administrator in the amount of $1,000.00 if it is determined that outside consultants need to be brought in to complete review of the site plan. (Ord. 09-1885). Project Number (completed C .PPS G k -k 3 _ Intake Staff Person ( ornpl Project Manager (complete Application Fee (With Review Fee, if applicable) $ 800.00 (WAIVED) FPPS I 0 Smal"calegi Fee $ comprehensive 800-89- lan-amendment Large scale Fee $ comprehensive 1,500.00 an amendment Comprehensive Fee $ plan text 800.00 amendment Submittal Requirements ii Completed, legible application rX A cover letter describing the scope of the proposed changes and how these changes maintain internal consistency with the Longwood Comprehensive Plan X Two (2) copies of a current and signed and sealed survey reflecting the current condition of the site rX A St. Johns River Water Management District Approval or Exemption Letter is required. X Approval from any required agency including Department of Environmental Protection ❑ Agent Authorization Letter _ Meetings _ ❑ Land Planning Agency (LPA) LPA Meetings are held on the 2 d Wednesday of each month. ❑ City Commission First Reading ❑ City Commission Second Reading and Public Hearing City Commission Hearings are held on the 1st and 3.d Mondays of each month. I hereby certify that I have read this application and that the infomiation supplied herein is true and correct to the best of my knowledge. I agree to comply with I current City Codes and Ordinances and County, State and Federal laws regarding land development. I am the property owner, or authorized agent, of the subject property that this petition applies to. Print Owner/Authorized Agent Name Signature Dath Version 1.0 - 1211311 January 10, 2013 City of Longwood Community Development Division 175 West Warren Avenue Longwood, Florida 32750 Proj: Bruce Property; Seminole County, Florida Section 32; Township 20 South; Range 30 East Parcel ID No.: 31-20-30-5AU-0000-8330 Re: Comprehensive Plan Amendment Application To Whom it May Concern: As requested within the attached Comprehensive Plan Amendment Application package, the following narrative is being provided in order to describe the scope of the proposed changes and how these changes maintain internal consistency with the Longwood Comprehensive Plan. In 1992 the Bruce Property, which is located at 349 East State Road 434, in Longwood, Florida, was permitted for construction by the City of Longwood as depicted on the submitted plans from Land Engineering Company. The property has been utilized as a commercial operation consistent with these plans since that time. As depicted on these plans, a small portion of the property located within its northeast corner was preserved. This area was determined at that time to be wetlands and was left in its natural condition (labeled as "save all trees in this area" on the plan). However, based upon the recent modifications to the City of Longwood's Future Land Use Map (FLUM), a large portion of the property's northern limits have been included as "Conservation" on the revised FLUM; which is inconsistent with the property's current conditions and use as commercial for the past twenty-two (22) years. In order to resolve this conflict, it was recommended to me by City staff that I get confirmation from the St. Johns River Water Management District (SJRWMD) verifying that the current wetland/conservation limits are consistent with the permitted construction plans. Per the City of Longwood's recommendation, SJRWMD was contacted and a number of in- house meetings were conducted in the District's Maitland office with Mr. William Carlie and David Eunice. Based on these meetings, a subsequent site inspection was conducted by staff to determination the current limits of the project's on -site wetlands. District staff's findin;s were that the wetlands as currently existing on -site are consistent with the limits of the historic wetlands as depicted on the submitted construction plans. Additionally, and in order to further confirm this position, District staff recommended that I submit a "Self Certification for a Stormwater Management System in Uplands Serving Less than 10 Acres of Total Project Area and Less than 2 Acres of hnpervious Surfaces" application to the Florida Department of Environmental Protection (FDEP). This "Self -Certification" application was prepared by Mr. Al Land, P.E., of Land Engineering Company, the project's original engineer, and submitted to FDEP. A copy of this Self -Certification approval has been included within this Comprehensive Plan Amendment Application. It should also be noted that a copy of this Self Certification has been provided to Sheryl Bower and Chris Kitner, with the City of Longwood's Community Development Division. With this information and associated application, I am requesting that the City of Longwood modify their FLUM and Comprehensive Plan such that only that portion of the subject property characterized as wetlands — as verified by SJWRMD and FDEP — on the submitted construction plans be classified as "Conservation" in the FLUM and that all remaining portions of the property be classified as IMU; which is consistent with the property's past and current utilization and the City's Zoning allowances. Should you have any questions or require any additional information, please do not hesitate to contact me at (407) 256-6184. Thank you. Sincerely, Rob R. Bruce Attachments Rick Scott Florida Department of Environmental Protection Governor #a Jennifer Carroll Bob Martinez Center Lt. Governor FLORIDA 2600 Blair Stone Road +%- Herschel T. Vinyard Jr. Tallahassee, Florida 32399-2400 Secretary SELF CERTIFICATION FOR A STORMWATER MANAGEMENT SYSTEM IN UPLANDS SERVING LESS THAN 10 ACRES OF TOTAL PROJECT AREA AND LESS THAN 2 ACRES OF IMPERVIOUS SURFACES Owner(s)/Permittee(s): File No: File Name: Site Address: County: Latitude: Longitude: Total Project Area: Total Impervious Surface Area: Approximate Date of Commencement of Construction: Registered Florida Professional: License No.: Company: Date: November 08, 2012 Rob Bruce 0314997001EG REPERMIT SITEPLAN 349 E State Road 434 Longwood FL - 32750 5207 Seminole 280 41' 54.4922" -810 20' 28.2455" .95 .63 Albert Land 10135 Land Engineering Albert Land certified through the Department's Enterprise Self -Service Application portal that the project described above was designed by the above -named Florida registered professional to meet the following requirements: 1. The total project area involves less than 10 acres and less than 2 acres of impervious surface; 2. No activities will impact wetlands or other surface waters; 3. No activities are conducted in, on, or over wetlands or other surface waters; 4. Drainage facilities will not include pipes having diameters greater than 24 inches, or the; hydraulic equivalent, and will not use pumps in any manner; 5. The project is not part of a larger common plan, development, or sale; and 6. The project does not: 1. Cause adverse water quantity or flooding impacts to receiving water and adjacent. lands; 2. Cause adverse impacts to existing surface water storage and conveyance capabilities; 3. Cause a violation of state water quality standards; or 4. Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to s. 373.042 or a work of the district established pursuant to s. 373.086, F.S. This certification was submitted within approximately 30 days after initiation of construction of the above project. As such, construction, alteration, and maintenance of the stormwater management system serving this project is authorized in accordance with s. 403.814(12), F.S., and that there is a rebuttable presumption that the discharge from such system will comply with state water quality standards when the stormwater management system for this project is designed, operated, and maintained in accordance with applicable rules adopted pursuant to part IV of chapter 373, F.S. Applicants are advised to contact the applicable water management district for requirements that must be followed to properly abandon any existing water wells that need to be removed because they are located where construction is occurring. In accordance with s. 373.416(2), F.S., if ownership of the property or the stormwater management system is sold or transferred to another party, continued operation of the system is authorized only if notice is provided to the Department within 30 days of the sale or transfer. This notice can be submitted to: FDEP Central District 3319 Maguire Blvd Orlando 32803 This certification was submitted along with the following electronic documents: File Description Site Plan If you have submitted this certification as a Florida Registered Professional, you may wish to sign and seal this certification, and return a copy to the Department, in accordance with your professional practice act requirements under Florida Statutes. I, Albert Land, License No. 10135, do hereby certify that the above information is true and accurate, based upon my knowledge, information and belief. In the space below, affix signature, date, seal, company name, address and certificate of authorization (if applicable). This sealed certification may be submitted to the Department, either electronically (as an attachment in Adobe PDF or other secure, digital format) at Erp.selfcerts@dep.state. fl.us, or as a hardcopy, at the postal address below: Florida Department of Environmental Protection Office of Submerged Lands and Environmental Resources 2600 Blair Stone Road MS 2500 Tallahassee FL 32399-2400 oil 128 14 N— !fill oil: Im-l! 5 10 1 jig ou R Rt liji M lm!lz, I, 4 v M I 11.11pt t.M t 9:1 ad Fo