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2014 03 10 Public Hearing 506 KAI Small Scale Plan Amendment and Rezoning, Ordinances 2014-04 & 2014-05 First Readings COMMISSION AGENDA Informational Consent ITEM 506 Public Hearings X Regular March 10, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the intersection of SR 434 and State Road 419 as described within Ordinances 2014-04 and 2014-05. SYNOPSIS: The City of Winter Springs Community Development Department has received an application for a Small-Scale Future Land Use Map Amendment and Rezoning, which if approved, would change the Future Land Use Map and zoning designation for a parcel totaling 3.08 acres in size generally located north State Road 434, 1,000 feet west of State Road 419 (see Attachment A - Location Map). Ordinance 2014-04 proposes to change the Future Land Use Map designation from Seminole County "Suburban Estate (SE)" to City of Winter Springs "Commercial" (see Attachment B - Ordinance 2014-04). Ordinance 2014- 05 proposes to rezone the property from Seminole County "Agriculture (A-1)" to City of Winter Springs "Neighborhood Commercial (C-1)" (see Attachment C - Ordinance 2014- 05). The applicant has indicated that the property will be the site for future office development. CONSIDERATIONS: Florida Statute 163.3187 Amendment of adopted comprehensive plan; Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Winter Springs Charter Section 4.15 Ordinances in General; Winter Springs Article III. Comprehensive Plan Amendments; Public Hearings 506 PAGE 1 OF 8- March 10,2014 Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20-31. CONSIDERATIONS: Applicant—John Bullock-KAI Properties, LLC. Location—North of State Road 434, 1,000 feet west of State Road 419. Site Information — The 3.08 acre parcel currently has a future land use designation of Seminole County "Suburban Estate (SE)". The property is also described within Agenda Item 505, Annexation, which is scheduled to run concurrent with the requested Small-Scale Plan Amendment and Rezoning. The applicant has petitioned the City to change the future land use designation of the parcel to City of Winter Springs "Commercial" for utilization of said property for future office development. PARCEL Property Addresses: E. State Road 434 Property Owners: KAI Properties LLC Applicant Address: 817 Pink Camellia Court Apopka, F132712 Property Appraiser Parcel I.D numbers: 34-20-30-5AW-0000-042B Property Acreage: Approximately 3.08 acres Property Legal Descriptions: See 'Attachment D - Legal Description' Current Future Land Use: Seminole County "Suburban Estate (SE)" Public Hearings 506 PAGE 2 OF 8- March 10,2014 Proposed Future Land Use: City of Winter Springs "Commercial" Existing Zoning: Seminole County "A-1" (Agriculture) Proposed Zoning: City of Winter Springs "C-1" (Neighborhood Commercial) Existing Land Uses — The subject property is currently is will be the site for future office development. The surrounding area is generally characterized by the following land use and zoning categories. Existing Land Uses Zoning Future Land Use Subject Properties Undeveloped Seminole County Seminole County A riculture(A-1) Suburban Estate(SE) North Undeveloped Seminole County Seminole County Agriculture(A-1) Suburban Estate(SE) South Undeveloped City of Winter Springs City of Winter Springs Neighborhood Commercial Commercial(C-1) East Vacant Commercial City of Winter Springs City of Winter Springs Neighborhood Commercial Commercial(C-1) West Commercial City of Winter Springs City of Winter Springs Neighborhood Commercial&Medium Commercial(C-1)&R- Density Residential C1 Development Trends — The subject property is undeveloped and primarily surrounded by commercial uses. The subject property abuts State Road 434, which is a major commercial node. This is an area that is conducive to commercial development. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20-31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject property is currently vacant and proposed for future office development. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Seminole County "Agriculture (A-1)" to Winter Springs "Commercial (C-1)" is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have future Public Hearings 506 PAGE 3 OF 8- March 10,2014 land use designations in the City of Winter Springs of "Commercial" and "Medium Density Residential". Property to the north of the subject property is within Seminole County and presently has a future land use designation of"Suburban Estate (SE)." (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. The adjoining properties are zoned for both commercial and residential development. The site is situation between a tree removing/landscape business to the west and vacant commercial development to the east. The proposed zoning designation is compatible with the surrounding area. (6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- The proposed zoning designation of "Neighborhood Commercial (C-1)" is compatible with the proposed "Commercial" Future Land Use Map classification that is proposed via Ordinance 2014-04. (9)No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11)Not Detrimental to Future Improvement of Adjacent Vacant Property The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privilege- The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City. (14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any applicable land use regulations adopted by the City. Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any letters or phone calls in favor of or in opposition to this proposal. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - Through Ordinance 2014-04, the applicant is requesting the City of Winter Springs "Commercial" land use designation on the 3.08 acre property. The applicant has applied for the future land use amendment and Public Hearings 506 PAGE 4 OF 8- March 10,2014 rezoning in order to prepare the site for future office development. The proposed use is compatible with the surrounding area, as it generally characterized by commercial and medium density residential development patterns. Public Facilities: ROADS/TRAFFIC CIRCULATION: The portion of State Road 434 that abuts the subject property contains four(4)lanes and has access to the State Road 419, which is approximately 1,000 feet east of the subject property. Availability of Access: Future office development will have direct access to State Road 434. Function Classification: State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within this portion of the City of Winter Springs, State Road 434 is a four-lane roadway. According to the City's Comprehensive Plan, the level of service (LOS) on this portion of State Road 434 is "B". The proposed amendment is not anticipated to affect the adopted LOS standards on the adjacent roadways. A detailed transportation impact analysis will be required to be submitted and approved by the City during review of the Final Engineering Plans. POTABLE WATER: The City has an existing 8-inch water main along State Road 434 adjacent to the south side of the property that is available to provide potable water service to the property. WASTEWATER The City has an existing 4-inch force main along State Road 419 adjacent to the north side of the property that is available to provide sanitary sewer service to the property. Depending on the scale of any proposed development, the 4-inch force main may not have enough capacity to service the property. This would have to be investigated at the time of development. RECLAIMED WATER: Facilities serving the subject property: None currently. ELECTRIC SERVICE: Facilities serving the subject property: None currently. The City of Winter Springs is serviced by Duke Energy for electric service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the subject property: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. Upon development, the site will be required to provide on-site stormwater management in accordance with all applicable St. John's Public Hearings 506 PAGE 5 OF 8- March 10,2014 River Water Management District(SJRWMD) criteria. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are averaged monthly. FIRE: Seminole County is responsible for fire protection. Station 35, located at 201 West County Home Road, Sanford, Florida is the closest fire station. The response time is approximately two minutes. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from Seminole County "Suburban Estate (SE)" to City of Winter Springs "Commercial" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Commercial" future land use designation, and the subject property is surrounded primarily by commercial and medium density residential development. NATURAL RESOURCES COMPATIBILITY: The required Environmental Impact Study will accompany the application for future development. SOILS The subject property consists of Basinger & Smryna fine sands and Tavares-Millhoper fine sand. FLOOD PRONE AREAS The property is located entirely in Flood Zone "X", which is outside of the 100-year floodplain, according to the FEMA Flood Insurance Rate Map. There is an existing drainage ditch that conveys offsite and onsite stormwater runoff from west to east across the northern portion of the property and into FDOT's State Road 419 stormwater facilities. HISTORIC RESOURCES No known historical resources are located on the subject property or within the vicinity of the subject property. WILDLIFE There is no evidence of wildlife currently occupying the subject parcels. An environmental assessment will be required to be submitted and approved by the City during the review of the Final Engineering Plans. CONSISTENCY WITH THE COMPREHENSIVE PLAN Future Land Use Element Per the Comprehensive Plan, the Commercial future land use category permits up to a maximum 0.5 floor area ratio (FAR). This commercial category is characterized by selected light retail sales and services and office oriented professional services which serve the community and which are not detrimental to adjacent residential districts. The surrounding Public Hearings 506 PAGE 6 OF 8- March 10,2014 area is generally characterized by commercial and medium density residential uses. The proposed future land use amendment is consistent with the Comprehensive Plan. The proposed future land use amendment is consistent with the following objectives and policies from the Future Land Use Element of the Comprehensive Plan: 1. Policy 1.3.4 - requires the City to support proposed future land use map amendments with data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet the projected growth demands. 2. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate adjacent to arterial roads and mass transit systems. 3. Policy 1.7.1 -requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments. FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. 4. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from Seminole County "Suburban Estate (SE)" to City of Winter Springs "Commercial", will provide additional taxable value to the City. The subject property is compatible with existing commercial and medium density residential development. Future office development designated for this property would be consistent with the City's determination of the highest and best use of the subject property and represents a redevelopment of the property. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives Public Hearings 506 PAGE 7 OF 8- March 10,2014 on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail and a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the intersection of State Road 434 and State Road 419 as described within Ordinances 2014-04 and 2014-05. ATTACHMENTS: A. Location Map B. Ordinance 2014-04 C. Ordinance 2014-05 D. Legal Description E. Advertisement, Orlando Sentinel —February 9, 2014 F. Advertisement, Orlando Sentinel -February 27, 2014 G. Draft Minutes, February 19, 2014 - Planning and Zoning Board - Local Planning Agency Public Hearings 506 PAGE 8 OF 8- March 10,2014 �."A• �' �dV ,+,fie, Y Attachment "A " OL // ' •.AIM �` � -i, ! - .9: •k. gq� .�'.`. .,. �'� ':�rS' p `SUBJECT PROPERTY , 1 y g Attachment "B" ORDINANCE NO. 2014-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS DESCRIBED AS ONE (1) PARCEL OF LAND,CONTAINING 3.08 TOTAL ACRES,MORE OR LESS, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434, 1,000 FEET WEST OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 419, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" TO CITY OF WINTER SPRINGS "COMMERCIAL;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. 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(l), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on February 19,2014 in accordance with the procedures established in Chapter 163, Part 11, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS,the City Commission of the 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 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. City of Winter Springs Ordinance No.2014-04 Page 1 of 3 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 Community Planning Act, formerly known as 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 of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan,Future Land Use Map,is hereby amended by changing the future land use map designation of the real property legally described and depicted on Exhibit "A" from Seminole County "Suburban Estates" to City of Winter Springs "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission,or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. 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 7. 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 changed or modified as necessary to effectuate the foregoing. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (3 1) days after adoption, in accordance with Section 163.3187(5)(c),Florida Statutes,unless challenged within thirty(30)days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has City of Winter Springs Ordinance No.2014-04 Page 2 of 3 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 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 24th day of March, 2014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No.2014-04 Page 3 of 3 yA", DESCRIPTION: J 0 THE EAST 112 OF LOT 42, ENTZMINGERACEMg OF ADDITION LOT O4 PTHE No.2, AS RECORDED IN PLAT BOOK 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 880,(P) z90 Q�.(�) �, FIFLD FIE x �( 5 CONTA/VFj 3.bS 4GC'ES�IOeE �� cuss. Ng42849°E 269.84 Mme — ^� {`— -CENTERLINE OF DITCH o z� 2 \� (P) rc o 290.00' g 'p o v � O U! Z NER.T COR avQ FENCE as 1.1'W & OS. PIPE .0o OF IRON m o ^ a 0 0 p FENCE n a= a ? g' N X CHIAN 'd' UNK PENCE ._.. Z U � u � d � x � C71 W M 42 OF LOT FAST 1/2 fN0 OF OI7CN o GONG ( O CH I.3 23.2' V1 Cg RESIDENCE (NU Roof) m x 22.5 N 37.0 1! `N 11.2 26.5' d' CEi BARN p o ('fIN ROOF) N q a ov o w n \ C7 N? m yNyffZ 1.5 \ c�Z 3� ZJ 41 N 3 W K � V iq N SET`S 5006 N\ EXHIBIT "All �581M1 N g R 00. 0 SET NAIL AND DISC j� `C LS 5(00 Q �JLf♦ P o$0;26A osRO SURVEY REPORT: 1.This survey does not reflect or determine ownership 2. Title data has not been furnished to this surveyor unless otherwise noted. LEGEND: 3. Underground improvements or underground foundations have not been located except cs q CENTERLINE noted on survey mop. IP IRON PIPE eral In (P) PLAT 4. According to the Fedsurance Rote Map,this property lies in Zones) "X, (M) MEASURED Map number 12117CO135 E. Dated: 4-17-95. (D) DESCRIPTION R/W RIGHT OF WAY ` , BOUNDARY SURVEY Hf-MWCH—LUKE — SWAGGEf?T)" LLC Mark I. Luke FAR STONEBRIDGE CONSTRUCTION C surveyors & mappers Professional Surveyor and Mapper 250 Ronald Reagan Blvd. Florida Registration No. 5006 SEC77ON.35, TOWNSHIP 20 S., RANGE 30 E. Suite 114 o m. T7. L Longwood, FL 32750 uc ogr-30�05 �eE-2250 (407) 647-7346 "Not valid without the elgnaturo and c FAX(407) 647-8097 tho original raked seal of a Florida licensed 8usmesa No. 7276 llceneed surveyor and mapper' 1°=5D' eT Wk" Attachment "C" ORDINANCE NO. 2014-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,CHANGING THE ZONING MAP DESIGNATION OF ONE (1)PARCEL OF REAL PROPERTY CONTAINING 3.08 TOTAL ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434, 1,000 FEET WEST OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 419, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-1 AGRICULTURAL DISTRICT" TO CITY OF WINTER SPRINGS "NEIGHBORHOOD COMMERCIAL DISTRICT;"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City Commission is granted the authority,under Section 2(b),Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs has recommended approval of this Ordinance at their February 19, 2014 meeting; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation,hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient,competent,and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No.2014-05 Page 1 of 2 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs, as described in City of Winter Springs Code Section 20-102,is hereby amended to include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County "A-1 Agricultural District"to Winter Springs"Neighborhood Commercial District." Exhibit"A"is attached hereto and fully incorporated herein by this reference. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission,or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 5. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2014-04 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-04 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 24th day of March, 2014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No.2014-05 Page 2 of 2 yA", DESCRIPTION: J 0 THE EAST 112 OF LOT 42, ENTZMINGERACEMg OF ADDITION LOT O4 PTHE No.2, AS RECORDED IN PLAT BOOK 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 880,(P) z90 Q�.(�) �, FIFLD FIE x �( 5 CONTA/VFj 3.bS 4GC'ES�IOeE �� cuss. Ng42849°E 269.84 Mme — ^� {`— -CENTERLINE OF DITCH o z� 2 \� (P) rc o 290.00' g 'p o v � O U! Z NER.T COR avQ FENCE as 1.1'W & OS. PIPE .0o OF IRON m o ^ a 0 0 p FENCE n a= a ? g' N X CHIAN 'd' UNK PENCE ._.. Z U � u � d � x � C71 W M 42 OF LOT FAST 1/2 fN0 OF OI7CN o GONG ( O CH I.3 23.2' V1 Cg RESIDENCE (NU Roof) m x 22.5 N 37.0 1! `N 11.2 26.5' d' CEi BARN p o ('fIN ROOF) N q a ov o w n \ C7 N? m yNyffZ 1.5 \ c�Z 3� ZJ 41 N 3 W K � V iq N SET`S 5006 N\ EXHIBIT "All �581M1 N g R 00. 0 SET NAIL AND DISC j� `C LS 5(00 Q �JLf♦ P o$0;26A osRO SURVEY REPORT: 1.This survey does not reflect or determine ownership 2. Title data has not been furnished to this surveyor unless otherwise noted. LEGEND: 3. Underground improvements or underground foundations have not been located except cs q CENTERLINE noted on survey mop. IP IRON PIPE eral In (P) PLAT 4. According to the Fedsurance Rote Map,this property lies in Zones) "X, (M) MEASURED Map number 12117CO135 E. Dated: 4-17-95. (D) DESCRIPTION R/W RIGHT OF WAY ` , BOUNDARY SURVEY Hf-MWCH—LUKE — SWAGGEf?T)" LLC Mark I. Luke FAR STONEBRIDGE CONSTRUCTION C surveyors & mappers Professional Surveyor and Mapper 250 Ronald Reagan Blvd. Florida Registration No. 5006 SEC77ON.35, TOWNSHIP 20 S., RANGE 30 E. Suite 114 o m. T7. L Longwood, FL 32750 uc ogr-30�05 �eE-2250 (407) 647-7346 "Not valid without the elgnaturo and c FAX(407) 647-8097 tho original raked seal of a Florida licensed 8usmesa No. 7276 llceneed surveyor and mapper' 1°=5D' eT Wk" yA", DESCRIPTION: J 0 THE EAST 112 OF LOT 42, ENTZMINGERACEMg OF ADDITION LOT O4 PTHE No.2, AS RECORDED IN PLAT BOOK 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 880,(P) z90 Q�.(�) �, FIFLD FIE x �( 5 CONTA/VFj 3.bS 4GC'ES�IOeE �� cuss. Ng42849°E 269.84 Mme — ^� {`— -CENTERLINE OF DITCH o z� 2 \� (P) rc o 290.00' g 'p o v � O U! Z CORNER avQ FENCE as O.TS. PIPE .0p w m OF IRON m o ^ a 0 0 p FENCE n a= a ? g' N X CHIAN 'd' UNK PENCE ._.. Z U � u � d � x � C71 W M 42 OF LOT FAST 1/2 fN0 OF OI7CN o GONG ( O CH I.3 23.2' V1 Cg RESIDENCE (NU Roof) m x 22.5 N 37.0 1! `N 11.2 26.5' d' CEi BARN p o ('fIN ROOF) N q a ov o w n \ C7 N? m yNyffZ 1.5 \ c�Z 3� ZJ 41 N 3 W K � V iq N SET`S 5006 N\ Attachment "D" $lMl NEEB 0 SET NAIL AND DISC j� `C LS 5(00 Q �JLf♦ P o$0;26A osRO SURVEY REPORT: 1.This survey does not reflect or determine ownership 2. Title data has not been furnished to this surveyor unless otherwise noted. LEGEND: 3. Underground improvements or underground foundations have not been located except cs q CENTERLINE noted on survey mop. IP IRON PIPE eral In (P) PLAT 4. According to the Fedsurance Rote Map,this property lies in Zones) "X, (M) MEASURED Map number 12117CO135 E. Dated: 4-17-95. (D) DESCRIPTION R/W RIGHT OF WAY ` , BOUNDARY SURVEY Hf-MWCH—LUKE — SWAGGEf?T)" LLC Mark I. Luke FAR STONEBRIDGE CONSTRUCTION C surveyors & mappers Professional Surveyor and Mapper 250 Ronald Reagan Blvd. Florida Registration No. 5006 SEC77ON.35, TOWNSHIP 20 S., RANGE 30 E. Suite 114 o m. T7. 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LESS;, NO Gt PRl51N atc�t WITHIN SEM1NpLt G0UN ,.4LnbA 3A, ,(ipQ FEET.'wEST;# THE!N AQ X119- Ai PARCEL sip PATJI AEtL� HPR {�T'R{41#bN FOR T IE,A14�NOMENT�F READ PROPERTY ItdT{�"TWE CITY; c HE RtEp IN CHAR WTf N I N �3 t�F RRIOR iN t�NS S'rENT ORUINAIVC EFFE T V OATP \�..� AN ORt1NANR t3FH #T't Ofd S E# 1N0 OiT1y FL{11 {?A,t'NANOItG HNING RPTY.ONTk1itN OE t RT 1TE#�gArt43 � S t�B TAL'AP-,ICS MOriS ttH. x 3Atfil R EL B 1Ni i,fl0 , Ef St T!}F , 1 NO MORE PA I TlUtLARLY OE'GTED, HEO HERiI,ERONI SENitOLE C#�UNTY*S °A11 �1I�HRHiC� S Ct mN1ER lAL gl l RIhi,, PR 111 td Q ig9 l N E my RESOLtlT10N5; #ERAtL�TY AN \ z � � y{ iT MMI§ .: oe tTa� NO, 3 �\ The proposed ordinances and oompietepaiic� ronvtom �ne7A interested parries between im 3 p.m,and b p. .,Monday hrough FnitaroYn3tleA A34,Wrntet Springs,Florida b inure lniorrbation,,call 9D 327 e o ail ��to pair jpai ih any t�f these proceedings sbbuid contaot tfie Fmp1 a pns pa o �� ance-of the z ebUr�g 337-1800,1236,Ibis is a public hean�tg nit& d r Y� t e the meeting antl kie heard wrtir respect to the proposed ordmanee. e c e City omm�ssion wikfirespnccttoanYmatt erGOnsideredfi�5 [rad ??l� dte9s and torsuci�purposes,you 7777777 A, may;needto ensure that a vern�tim rw~cor�otdhe�rop�ed�g�as�a��?�n !!e��t}tg�p s Uased.`, 3 Attachment 'T" CITY OF WINTER SPRINGS, FLORIDA ; MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETINGT xq FEBRUARY 19, 2014" (RESCHEDULED FROM FEBRUARY 5, 2014) ; CALL TO ORDER The Regular Meeting of Wednesday, February 19, 2014 (Rescheduled from Wednesday, February 5, 2014) of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:37 p.m. by Chairperson William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson William H. Poe, present Vice-Chairperson Bob Henderson, present Board Member Howard Casman, present Board Member Bart Phillips, arrived at 5:38 p.m. Board Member Suzanne Walker, present Deputy City Clerk Sarah Hart, present Chairperson Poe led a silent invocation. This was followed by the Pledge of Allegiance. Board Member Bart Phillips arrived at 5:38 p.m. REGULAR AGENDA- PART I REGULAR 600. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Chairperson For Calendar Year 2014. CHAIRPERSON POE STATED, "I PERSONALLY WOULD LIKE TO NOMINATE MR. BOB HENDERSON TO FILL THAT (CHAIRPERSON) POISITION. THAT BEING SAID, I WANT TO ASK MR. HENDERSON, `ARE YOU WILLING TO ACCEPT THAT RESPONSIBILITY IF IN FACT YOU ARE VOTED IN SIR'?" VICE-CHAIRPERSON BOB HENDERSON REPLIED, "YES." CONTINUING, CHAIRPERSON POE SAID, "MOTION TO APPOINT MR. HENDERSON AS CHAIRPERSON TO THAT SEAT EFFECTIVE AT THE NEXT MEETING." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 ,. v (RESCHEDULED FROM FEBRUARY 5,2014) " PAGE 2 OF 8 ' ;1ttsx:W.x..�21a �Cv,!M MK%i b:•:i+':aGCt� VOTE: ' CHAIRMAN POE: AYE n�rt:?xssr;. BOARD MEMBER CASMAN: AYE VICE-CHAIRPERSON HENDERSON: AYE ' BOARD MEMBER PHILLIPS: AYE = "° BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR 601. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Vice-Chairperson For Calendar Year 2014. CHAIRPERSON POE ASKED BOARD MEMBER HOWARD CASMAN, "WOULD YOU ACCEPT THE NOMINATION TO BE THE VICE- CHAIR[PERSONI T' MOTION BY CHAIRPERSON POE. RESPONDING, BOARD MEMBER CASMAN STATED, "YES, I WILL ACCEPT THAT." CONTINUING CHAIRPERSON POE SAID, "LET ME ADD TO THAT, THAT YOU ALSO WOULD TAKE THAT POSITION AT THE NEXT MEETING." SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON HENDERSON: AYE CHAIRPERSON POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) , PAGE 3 OF 8 PUBLIC INPUT Chairperson Poe opened "Public Input". ; ,�, No one addressed the Board Members. Chairperson Poe closed "Public Input". uiltp CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, December 4, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Chairperson Poe stated, "Do I have a Motion on the Consent Agenda?" "MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. 400. REPORTS No Reports were given. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 4 OF 8 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 5.22 Acres, Generally Located North Of State Road 434, West Of Deleon Street As described Within Ordinances 2014-01 And 2014-02. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. There was brief discussion about the potential of the area being a high flood risk. Mr. Woodruff confirmed that, "There are no proposed residential units that you will remember in that location. It's strictly for the retention pond." Chairperson Poe opened "Public Input". Ms. Heather M Himes, Akerman L.L.P., 420 South Orange Avenue, Florida: as the Attorney for the Applicant, Ms. Himes spoke in support of the staff recommendations. Chairperson Poe closed "Public Input". Chairperson Poe stated, "The Chair will entertain a Motion with regard to Item '500' as presented by Staff." "I WOULD MOVE TO APPROVE ORDINANCE 2014-01." MOTION BY VICE- CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 5 OF 8 Continuing, Chairperson Poe said, "The Chair will entertain a Motion with regard to the other Staff recommendation." "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-02." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance 2014-03, Which Proposes To Annex One Parcel Totaling Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West Of State Road 419. Related to this Agenda Item, Mr. Woodruff presented his opening remarks on the Agenda Item as provided to the Members of the Board. Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". Chairperson Poe remarked, "The Chair will entertain a Motion with regard to Item `501' as presented by Staff." "I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 6 OF 8 m" VOTE: BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE `. - VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West State Road 419 As Described Within Ordinances 2014-04 And 2014-05. Mr. Woodruff presented the Agenda Item. There was brief discussion about the choice of`C-1' Zoning as opposed to `C-2' Zoning and Mr. Woodruff noted that the Developer, "Is not looking for a more intense type of commercial. He's going with the professional office so there's no need to go into the actual heavier commercial type of Uses." Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-04." MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE-CHAIRPERSON HENDERSON. DISCUSSION. VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 7 OF 8 "I WOULD LIKE TO MAKE THE MOTION FOR APPROVAL OF 2014-05". MOTION BY CHAIRPERSON POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER GASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR AGENDA- PART II REGULAR 602. Not Used PUBLIC INPUT Chairperson Poe opened "Public Input Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: spoke about the Compatibility Ordinance and its affect on the Tuscawilla community and that a recent resident was granted a Permit for a front facing garage. Mr. Randy Stevenson, AICP, Director, Community Development Department explained to the Board Members that as a City we are unable to "Enforce Deed Restrictions or HOA (Homeowners Association) Restrictions. That has been the advice of our Attorney." Continuing, Mr. Stevenson said, "I'll go back to the Attorney's Office to see exactly what authority we do have. I can do that tomorrow or the first part of next week." Discussion ensued regarding homes that were denied Permits for front facing garages within the past five (5) years. Furthermore, Mr. Stevenson remarked that he will, "Talk to the City Attorney again. Please understand that several things work against us. One (1) is property rights. A lot of these are second and third owners and we also have a relatively new document called the Marketable Title Act which actually prevents, even if they could get the Votes, and again I am not an Attorney - my understanding and the way it has been explained to me is that the Marketable Title Act almost prevents going back in and putting in some of these older HOA (Homeowners Association) documents and Deed Restrictions because they don't want to have to trace it back. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ... .4 REGULAR MEETING—FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 8 OF 8 At some point in time they want to arrive at a Marketable Title within a relatively few „ number of years. But, I will explore all of that with the City Attorney again and probably I'll report back to Don (Gilmore); I'll report to this body (Planning and Zoning Board/Local Planning Agency) next month." Dr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: speaking as the President of the Tuscawilla Homeowners Association, Dr. Johnson explained that the Tuscawilla Homeowners Association has spent money seeking legal advice to bring back Deed Restrictions and at this point they are relying on the City to help them maintain the integrity of their community. Chairperson Poe explained that the Planning and Zoning Board/Local Planning Agency is a recommending body to the City Commission and that the City Commission makes all final determinations. Concluding the discussion, Mr. Stevenson noted that, "We have been told in no uncertain terms by the Attorney that we cannot enforce Deed Restrictions." Chairperson Poe closed "Public Input". ADJOURNMENT Chairperson Poe adjourned the Regular Meeting at 6:12 p.m. RESPECTFULLY SUBMITTED: SARAH HART DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the ,2014 Planning And Zoning Board/Local Planning Agency Regular Meeting.