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2014 05 12 Public Hearing 501 Ordinance 2013-12 Second Reading Plante Annexation COMMISSION AGENDA Informational Consent ITEM 501 public Hearings X Regular May 12, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department - Planning Division requests that the City Commission approve in one consolidated motion: (1) the Annexation Agreement between the City and Standard Pacific of Florida GP; and (2) second and final reading of Ordinance No. 2013-12 annexing the subject real property into the municipal boundaries of the City of Winter Springs. SYNOPSIS: The Community Development Department received a request for voluntary annexation of nine (9) parcels totaling approximately 60 gross acres in size. The parcels are located south of State Road 434 and east of Tuskawilla Road (see Attachment A - Location Map). The applicant desires to combine the nine (9) county parcels with approximately 56 contiguous acres,presently within the City of Winter Springs, for future development. CONSIDERATIONS: APPLICABLE LAW, PUBLIC POLICY,AND EVENTS 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. Florida Statute 171.044 -Voluntary Annexation Winter Springs Charter Section 2.03.Annexation procedure. 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 Public Hearings 501 PAGE 1 OF 5-May 12,2014 City of Winter Springs Code of Ordinances Applicant Name and Address: Standard Pacific of Florida GP, Inc. 558 West New England Avenue Suite 250 Winter Park, F132789 Property Owner: L.D. Plante Inc. P.O. Box 151117 Altamonte Springs, F132715 Property Address: None Property Parcel ID'S: 06-21-31-501-OA00-0000 06-21-31-501-001300-0000 26-20-30-5AR-OA00-008G 26-20-30-5AR-OA00-008C 06-21-31-501-0200-0000 06-21-31-501-030A-0000 26-20-30-5AR-OA00-0080 01-21-30-501-0000-0340 01-21-30-501-0000-0170 Future Land Use Designation: Seminole County: "Industrial" Zoning Designation: Seminole County: Agriculture "A-I" & Industrial "M-I" Approved Development Permits: None Pending Code Enforcement Actions: None City Liens: None CONSIDERATIONS: The applicant is petitioning the City to voluntarily annex nine (9) parcels totaling approximately 60 gross acres, more or less, currently within Seminole County, Florida (see Attachment B - Ordinance 2013-12). The subject parcels, currently within Seminole County, are located south of State Road 434 and east of Tuskawilla Road. The applicant desires to combine the nine (9) county parcels with approximately 56 contiguous acres to the south,presently within the City of Winter Springs, for future development. The surrounding area is generally characterized by existing agricultural pursuits, low density residential, public/semi-public uses, and an office park located on Tuskawilla Road. The subject property is currently owned by L.D. Plante, Inc. and was formally owned by Central Florida Drum (CFD) a refurbishing and supply business from 1965 to 1986. From Public Hearings 501 PAGE 2 OF 5-May 12,2014 1991 to 1998 the site was leased to Polymetrics, Inc. a manufacturer and supplier of industrial paints. The majority of the property is undeveloped. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Existing Land Uses Zoning Future Land Use ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Subject Few Existing Seminole County: Seminole County: Properties Buildings; Vacant Agriculture Industrial Property "A-1" & Industrial "M-1" North Vacant City of Winter Springs: City of Winter Springs: Town Center Town Center South Vacant Property, Life City of Winter Springs: City of Winter Springs: Community Church PUD Low Density Residential East Tuscawilla PUD City of Winter Springs: City of Winter Springs: PUD Low Density Residential West Winter Springs Office City of Winter Springs: City of Winter Springs: Park, Avery Park, Town Center Town Center Single-family & & (Seminole County) Seminole County: Seminole County: Agriculture Medium Density "A-11f Residential The requested voluntary annexation petition bears appropriate signatures of all associated property owners. The subject properties are contiguous with the City's existing boundaries and are currently located in an unincorporated area of Seminole County adjacent to the City of Winter Springs. The requested voluntary annexation of the nine (9) parcels does not create any enclaves. In fact, the voluntary annexation will eliminate the largest enclave within the City. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The City has capacity to provide this parcel with the same urban services provided to other areas of the City. City water and sewer service are available to the subject property. The subject properties are currently designated "Industrial" on the Seminole County Future Land Use Map and Agriculture "A-1" & Industrial "M-1" on the Seminole County Zoning Map. Properties to the east and south are within the City of Winter Springs and located within the Tuscawilla PUD. Properties to the west are within both the City of Winter Springs and Seminole County. Both the Tuskawilla Office Park and Avery Park are currently within the City of Winter Springs. Just north of Avery Park are existing single- family residential units located within Seminole County. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on April 18, 2014 (see Attachment C - Notification Letter). Adjacent property owners have been notified by U.S. mail on September 23, 2013. In addition, the properties have been posted with a large yellow sign. Public Hearings 501 PAGE 3 OF 5-May 12,2014 In addition to the annexation, the applicant has requested Adoption of both a Large Scale Comprehensive Plan Amendment, changing the Future Land Use to City of Winter Springs "Town Center", and a rezoning request to City of Winter Springs "Town Center". Both related requests will be considered by the City Commission under Item 502 during the May 12, 2014 regular City Commission meeting. Annexation Agreement: In addition, the applicant has agreed to enter into an annexation agreement with the City. The purpose of this Agreement is to lay the groundwork for developing the overall property on 116 acres (60 acres to be annexed) as one uniform Town Center development project pursuant to the City's Town Center District Code. In addition, the City has further designated the Town Center Future Land Use Map designation portions of the property with transect overlay sub-designations of T3, T4, and T5, as more specifically depicted on the Transect Map within the Annexation Agreement (see Attachment D - Annexation Agreement). This agreement would limit the maximum density of the proposed project to no more than four(4)units per gross acre. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The applicant desires to combine the nine (9) county parcels with approximately 56 contiguous acres to the south,presently within the City of Winter Springs, for future development. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed Fiscal Impact Report will be performed once specific development plans are made available 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 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. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was notified, via Certified Mail, of the notice of annexation for the subject parcels on April 18, 2014. Adjacent property owners were notified by U.S. mail on September 23, 2013. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. Public Hearings 501 PAGE 4 OF 5-May 12,2014 RECOMMENDATION: The Community Development Department - Planning Division requests that the City Commission approve in one consolidated motion: (1) the Annexation Agreement between the City and Standard Pacific of Florida GP; and (2) second and final reading of Ordinance No. 2013-12 annexing the subject real property into the municipal boundaries of the City of Winter Springs. In addition, staff recommends that the ordinance be submitted to the Florida Department of Economic Opportunity as required by Florida Statute 163.3184(3) Expedited State Review Amendment Process. ATTACHMENTS: A - Location Map B - Draft Ordinance 2013-12 C -Notification Letter D - Annexation Agreement E- Noticing in Orlando Sentinel on April 24th & May 1, 2014 F- Draft Minutes, October 2, 2013 P&Z/LPA Public Hearings 501 PAGE 5 OF 5-May 12,2014 ■ ., ■ ■ ■ 1. 1 1.11 1111 � h 1. 1 1'11 1111 _ ��� 1 1 • 1+11 11:1 ��i'"°�1-� r q �q 1• 1 1 1111 1 .1 C_I!]l91�11fff]131 Illll�j��/ens -K' ` 1 1 1 1111 1 1 �FitRi9i9i3fn DR 1liPriKN2�ir ffPF Pf IIA :; WE. sill Nil Attachment "B" ORDINANCE NO. 2013-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA,ANNEXING NINE (9) PARCELS OF LAND COMPRISING APPROXIMATELY 60 GROSS ACRES,MORE OR LESS,CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II,BOUNDARIES,TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Commission has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS,this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS,upon the effective date of this Ordinance,the municipal boundary lines of the City of Winter Springs,contained in Winter Springs Charter,Article 11,shall be redefined to include the subject real property; and WHEREAS,the City Commission of the City of Winter Springs,Florida,hereby finds that this Ordinance 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: City of Winter Springs Ordinance No.2013-12 Page 1 of 3 Section 1. Annexation of Real Property. The area of real property, which is more particularly described in the metes and bounds legal descriptions and map attached hereto as Exhibit "A," is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. City Boundaries Redefined;Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 1 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Department of State within thirty(30) days upon said approval and shall provide a copy to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Ordinance No.2013-12 Page 2 of 3 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: City of Winter Springs Ordinance No.2013-12 Page 3 of 3 Exhibit "A" LEGAL DESCRIPTION (PER TITLE COMMITMENT): PARCELS 7, 8, 12, 14, and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County, Florida, together being described as follows. A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6,Pages 23 through 24, all of the Public Records of Seminole County, Florida,being more particularly described as follows: COMMENCING at the Northwest corner of Lot 51, Tuscawilla Unit 9, as recorded in Plat Book 24, pages 72-73 of the Public Records of Seminole County, Florida; thence run North 55°27'26"West, along the Westerly right of way line of Rails to Trails, as recorded in Official Records Book 3177,Page 632 of the Public Records of Seminole County, Florida, for a distance of 595.66 feet to the POINT OF BEGINNING; Thence departing said Westerly right of way line run South 24'15'3 9 West, along the Westerly line of Lot 1, Block 1, Gardena Farms Town Sites, as recorded in Plat Book 6,page 39 of the Public Records of Seminole County, Florida, for a distance of 86.39 feet; thence run South 09°45'37" West for a distance of 55.07 feet to a point on the Southerly right of way line of Railroad Avenue, as shown on the said Plat of Gardena Farms Town Sites; thence run North 55°27'26" West, along said Southerly right of way line, for a distance of 636.73 feet to a point on the South line of the North 112 of Block 3 of said Gardena Farms Town Sites; thence departing said Southerly right of way line,run North 85°4244" West, along said South line of the North 112 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3; thence departing said South line,run North 04°1716" East, along said West line, for a distance of 377.73 feet to the North line of said Gardena Farms Town Sites; thence departing said West line, run North 85°44'34" West, along said North line, for a distance of 1291.09 feet to a point on the Easterly right of way line of Tuskawilla Road; thence run North 13°13'34" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly,having a radius of 5813.47 feet, a chord bearing of North 11'19'20" East and a chord distance of 382.08 feet; thence run Northerly along the arc of said curve, and said Easterly right of way line,through a central angle of 03°45'59" for an are distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord bearing of North 119 9'33" East and a chord distance of 374.86 feet; thence run Northerly along said curve and said Easterly right of way line, through a central angle of 03°4624" for an arc distance of 374.93 feet to the point of tangency; thence run North 13°13'03" East, along said Easterly right of way line, for a distance of 12.05 feet; thence departing.said Easterly right of way line, run South 87°58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1, page 5;thence run South 87°17'59" East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02°41'54" East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North 87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line,run North 81°23'14" West for a distance of 188.75 feet; thence run North 11°14'43" East for a distance of 47.95 feet;thence run North 74°48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly,having a radius of 5677.58 feet, a chord bearing of North 14°37'20" East and a chord distance of 240.25 feet;thence run Northerly along the arc of said curve, and said Easterly right of way line, through a central angle of 02°25'29" for an are distance of 240.27 feet; thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 871 T54" East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence run South 02°42'26" West, along the said Easterly right of way line, for a distance of 14.64 feet;thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly,having a radius of 4008.02 feet, a chord bearing of South 04°25'42" East and a chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line,through a central angle of 04°11'32" for an arc distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly,having a radius of 2248.74 feet; a chord bearing of South 15 030'27" East and a chord distance of 689.06 feet; thence run Southerly along the arc of said curve,.and said Westerly right of way line,through a central angle of 17°37'34" for an are distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly,having a radius of 1915.35 feet, a chord bearing of South 37°05'33" East and a chord distance of 846.86 feet;thence run Southeasterly along the arc of said curve, and said Westerly right of way line,through a central angle of 25°32'38" for an arc distance of 853.91 feet; thence run North 37°0828" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence run South 52°44'55" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 38°13'59" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55°27'26" East, along said Westerly and Southerly right of way line, for a distance of 819.82 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated. Containing 1,517,496 square feet, or 34.84 acres, more or less. Parcels 4, 5, 9, and 10, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Fauns Town Sites, as recorded in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida,being more particularly described as follows: BEGINNING at the Northwest comer of the Reserve at Tuscawilla Phase 1I, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line,run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave . Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41'02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly,having a radius of 2 99 8.40 feet, a chord bearing of South 56°12'43" East and a chord distance of 373.78 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 07°08'50" for an are distance of 374.02 feet; thence departing said curve, run North 30'12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly,having a radius of 2983.40 feet, a chord bearing of South 61°27'48" East and a chord distance of 174.69 feet;thence run Southeasterly along the arc of said curve, and said Southerly right of way line,through a central angle of 03°21'20" for an arc distance of 174.72 feet; thence departing said curve, run South 04'13'03" West, along said Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434; thence run South 31°20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76°03'01" East and a chord distance of 347.22 feet;thence run Easterly along the arc of said curve, and said Centerline, through a central angle of 34°44'53" for an arc distance 352.60 feet; thence departing said curve,run South 02°25'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated.. AND ALSO LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1;207,960. square feet, or 27.73 acres, more or less. Parcel 15, also being described as.follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida,being more particularly described as follows: COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase 11, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00°4533" East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County,Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line,run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85°45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line, run South 85°45'55" East for a distance of 242.50 feet; thence run South 04°13'03" West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60°55'00" West and a chord distance of 112.65 feet;thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 02°15'44" for an arc distance of 112.66 feet; thence departing said curve, run North 30°12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly,having a radius of 2843.40 feet, a chord bearing of North 58°08'24" West and a chord distance of 163.31 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 03'17'29" for an are distance of 163.34 feet to the POINT OF BEGINNING_ Containing 16,374 square feet, or 0.38 acres,more or less. v nr 0.Q� 7. ran 7_r`C a m ?R C cr CL cn CD CA - m O rb 'ho W N[c + f I ca + , � F n I ¢.� 1 I I 1 3 n�• CD m � o 7 0 M-0 x Q�II to Attachment "C 1959 COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,FL 32708 Telephone(407)327-1800 Fax: (407)327-4756 April 18, 2014 (VIA CERTIFIED MAIL) Seminole County Board of County Commissioners C/O Jim Hartmann, County Manager 1101 East 151 Street Sanford, Florida 32771 Re: Proposed Voluntary Annexation - Tax Parcel Identification Numbers: 26-20-30-5AR-OA00-008G 26-20-30-5AR-OA00-008C 26-20-30-5AR-OA00-0080 06-21-31-501-OA00-0000 06-21-31_501-OBOO-0000 06-21-31-501-0200-0000 06-21-31-501-030A-0000 01-21-30-501-0000-0340 01-21-30-501-0000-0170 Dear Mr. Hartmann; Pursuant to Florida Statute 171.044 (6), the City of Winter Springs is forwarding to your attention a copy of the notice of annexation for the aforementioned Seminole County Tax Identification Numbers for property herein referred to as the 'Plante Property'. The subject property is located east of Tuskawilla Road and south of State Road 434 (see Exhibit A - Location Map). A future land use amendment and rezoning of the subject property to a City of Winter Springs future land use and zoning designation are proposed in conjunction with this annexation request as follows: Seminole County Existing Future Land Use Existin Zonin Industrial I A-1 &M-1 City of Winter Springs Proposed Future Land Use -Proposed Zoning Town Center I Town Center Proposed Voluntary Annexation Notification Letter Seminole County Board of County Commissioners CIO Jim Hartmann, County Manager Pg. 2 The City Commission of the City of Winter Springs will consider the Second Reading of both the Annexation and Large Scale Plan Amendment on Monday, May 12, 2014 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (447) 327-5967 or via email at rwoodruff( ,wintersprin sfl.org. Sincerely, —911, 4--- W Randy Woodruff, AICP Senior Planner Enclosures: Exhibit A- Location Map CC: Nicole Guillet, AICP, Seminole County Deputy County Manager Anthony Garganese, City Attorney(via email) Randy Stevenson, AICP, ASLA, Community Development Director Matsu - mm Elm cap i 1 � 1 � ♦ 1 I ,A �` ` r a w I alum mini Min ►�, �/ k / O iiie�liaaxE '4m � 1e LIN",.�., M111I1 Free IC�d � f# gas arr �• o v* ® some BAR fit (iEll I'4' oo Sow Via ' O M lwo VAO * 06 ;� ATTACHMENT "Y' Prepared by and return to: Anthony Garganese,Esquire Brown,Garganese,Weiss&D'Agresta,P.A. 111 N.Orange Avenue,Suite 2000 Orlando,FL 3280I (407)425-9566 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this 12th day of May, 2014 (the "Effective Date") by and between the City of Winter Springs, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City") whose address is 1I26 East S.R. 434, Winter Springs, Florida 32708, and Standard Pacific of Florida GP, a Delaware Corporation (hereinafter referred to as "Developer") whose address is , and shall be fully enforceable in accordance with the terms hereof. WITNESSETH: WHEREAS, the Developer is the contract purchaser of certain real property approximately 116 acres in size and located within unincorporated Seminole County, Florida, and within the City of Winter Springs, Florida, which real property is more particularly described in EXHIBIT "A" (attached hereto and incorporated herein by reference; said property hereinafter being referred to as the "Property"); and WHEREAS, the Developer has represented to the City that it intends to complete the acquisition of the Property and develop the Property in accordance with the terms and conditions of this Agreement upon the condition that this Agreement be approved and the City granting the Future Land Use and Zoning approvals specified in section 3 (a)of this Agreement; and WHEREAS, a substantial portion of the unincorporated Property has been included into the City's Town Center Master Plan for future development upon annexation into the City; and WHEREAS, the Developer desires to annex the portions of the Property located within unincorporated Seminole County into the City of Winter Springs, which real property is more particularly described in Exhibit"B" (attached hereto and incorporated herein by reference; said property hereinafter referred to as the "Annexed Property"), and to aggregate it with the portion of the Property located within the City of Winter Springs in order to develop the property as one uniform Town Center development project pursuant to the City's Town Center District Code; and WHEREAS, the Developer has participated in the design charette required by the City's Comprehensive Plan, Future Land Use Element, Policy 2.1.2 for the future development of the Property which resulted in the Developer proposing the Concept Plan referenced in Section 5 (a) of this Agreement; and 1 WHEREAS, the purpose of this Agreement is to set forth the understandings and agreements of the parties with respect to the foregoing, and other matters as agreed to and set forth herein; and WHEREAS, this Agreement is authorized by, permitted by, and consistent with the provisions of the City's home rule Charter; the City's Comprehensive Plan; Chapters 163 and 166, Florida Statutes; Article VIII, Section 2b, Constitution of the State of Florida; Chapter 171, Florida Statutes; and other applicable law, and serves and advances an important public purpose of expanding the City's existing Town Center, providing good housing opportunities and economic development; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration each to the other has provided, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. (a) The recitals are adopted as the findings of the City Commission of the City of Winter Springs, Florida. (b) The above recitals are true and correct and are incorporated into this Agreement by reference, and are a material part of this Agreement upon which the parties have relied, including but not limited to the assertions that the Developer has a contract to purchase the Property and is empowered to enter into this Agreement and make binding future commitments for the Property once the Property is acquired by Developer. 2. Annexation. The Developer and the City agree to pursue annexation of the Annexed Property into the City of Winter Springs boundaries pursuant to the terms and conditions of this Agreement and applicable law. Developer agrees that they will not contest or object to the annexation of the Annexed Property (provided such annexation is consistent with the terms hereof) and that the parties will fully cooperate with each other to achieve the annexation and future development of the Property on the terms and conditions set forth herein. 3. Municipal Services. The City shall provide directly, or through a franchise or contract with another service provider, police and fire protection, emergency medical services, water and wastewater services, solid waste collection, disposal and recycling services to the Property and all improvements from time to time located thereon, on the same terms and conditions and in the same manner as is afforded to all other similarly situated property owners within the City. 4. Development Conditions—Future Land Use and Zonin Mat). (a) In order to facilitate the development of the Property, the City agrees, upon annexation of the unincorporated portions of the Property, to advertise and proceed with public hearings to amend the former unincorporated portion of the Property's Comprehensive 2 Plan Future Land Use Map designation to City "Town Center" and Official Zoning Map classification to City "Town Center." In addition, the City shall proceed with further designating the Town Center Future Land Use Map designation portions of the Property with transect overlay sub-designations of T3, T4, and T5, as more specifically depicted on the Transect Map attached hereto and fully incorporated herein as Exhibit "C." The aforementioned comprehensive and zoning map amendments (inclusive of the transect sub-designations) shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Each party will fully cooperate with each other to achieve the amendments on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City. The City may proceed with the aforementioned public hearings simultaneous to or immediately after the adoption of this Agreement. (b) It is understood and agreed that Developer will pay the fees, costs, or expenses that are customarily charged by the City on account of or in connection with the City's review and processing of the comprehensive plan and zoning map amendments for the Property; provided however, that the City shall pay its own attorneys' fees and consulting fees and staff time, as may be determined to be necessary by the City. 5. Additional Development Conditions. It is the intent of the City and Developer that the Property be developed as a mixed use development incorporating high end residential units and compatible commercial uses consistent with the City's Town Center goals, policies and objectives set forth in the City's Comprehensive Plan and Town Center District Code. It is further understood and agreed by the parties that in order to facilitate such development of the Property,the following development conditions shall apply: (a) Maximum Residential Units and Density. Commercial Development. The parties agree that subject to applicable law, the maximum number of residential units that can be developed on the Property is four hundred fifty (450) units, and the maximum density for the Property shall not exceed four (4) units per gross acre. The Property will generally be developed in accordance with the Concept Plan attached hereto as Exhibit "W" to final engineering approval in accordance with the applicable provisions of the City Code. In addition, land shall be set aside for future commercial development on the portion of the Property identified as "commercial" on the said Concept Plan. (b) Town Center Development Project. The parties agree that the Property will be incorporated into the City's Town Center and developed as a Town Center development project, regardless of the underlying future land use designation and zoning classification of the Property. (c) Property Currently Located within the City. The parties acknowledge that portions of the Property are currently located within the City of Winter Springs and have a Low Density Residential Future Land Use designation and a Planned Unit Development zoning classification. A future land use and zoning map amendment is not contemplated nor required for this portion of the Property. However, in order to incorporate this Property into the proposed Town Center project in a unified manner, the parties agree that this Property shall be governed in 3 all respects by the City's Town Center District Code as if this portion of the Property was zoned Town Center. (d) Vacation of Old SR 434 Right-of--Way. The City agrees to provide Developer assistance and support in order to facilitate the vacation, by the State of Florida, of the old State Road 434 right-of-way as generally depicted on Exhibit "E," which is attached hereto and incorporated herein by this reference. The City's support and assistance will be in accordance with law. (e) Vacation of Other Rights-of-Way. The parties acknowledge that during the development of the Property, Developer will design and dedicate certain public rights-of-way to the City in accordance with a right-of-way master plan approved by the City. To the extent that the Property is encumbered with existing rights-of-way that do not support the right-of-way master plan, the City will support the vacation of the existing rights-of-way (subject to reservation of utility easements if necessary) that are inconsistent with the master plan and no longer needed for the development in accordance with the requirements of law. (f) Future Development Agreement. The parties acknowledge and agree that this Annexation Agreement only addresses preliminary matters for the annexation and future development of the Property within the City. The parties contemplate as the Developer proceeds through the City's development review process to obtain a development order(s) for the Property, the parties will need to negotiate and prepare a more detailed development agreement that will more specifically sets forth the parties obligations and requirements for the development of the Property. (g) Approval of Brownfield Area. The parties acknowledge that a portion of the Property identified on Exhibit "F" attached hereto is a designated Brownfield Area pursuant to Resolution No. 2007-R-233 ("County Resolution") adopted by Seminole County, Florida on December 11, 2007. The City hereby approves the Property as a Brownfield Area and adopts the County designation as sufficient for City Brownfield designation, pursuant to Florida Statute § 376.80, and agrees to adopt a similar City resolution ratifying the designation within the jurisdictional limits of the City to the extent deemed necessary by the parties or the State of Florida. The ratification of the Brownfield Area shall occur within thirty (30) days of the annexation of the unincorporated portions of the Property becoming effective and shall be subject to the procedure and requirements of Section 376.80, Florida Statutes. Further, the Developer may, in the future, request that the City authorize an expansion of the Brownfield Area to include a small portion of property that Developer's due diligence environmental report may indicate contains contaminated soil impacts. Upon receipt of such request from the Developer in writing, the City shall pursue the adoption of a resolution approving the expansion in accordance with Section 376.80, Florida Statutes. 6. Notice of Property Acquisition• DMty To Cooperate. (a) The parties agree to cooperate at all times, in a timely manner, and in good faith regarding the implementation of this Agreement. This cooperation shall extend to the granting by the City and the acquisition by the Developer, of applicable necessary municipal permits and development orders, and the Developer shall diligently process and seek the receipt 4 of, and shall use reasonable legal means, to obtain all necessary state, municipal, federal permits, development orders, licenses, easements and other approvals or rights in connection with the development of the Property in accordance with this Agreement and applicable land use, zoning, land development, building and construction regulations. (b) Within five (5) days of acquiring title to the Property, Developer shall provide the City and the City Attorney with written notice of acquisition so this Agreement may be recorded in accordance with Paragraph 14 of this Agreement. 7. Further Assurances. In addition to the acts recited in or set forth in this Agreement, the parties agree to perform or cause to be performed in a timely manner, any and all further acts as may be reasonably necessary to implement the provisions of this Agreement, including but not limited to the execution and/or recordation of further instruments; provided however that the City's obligation shall be subject to such limitations of law as may be applicable to municipalities. 8. Limitations of Remedies. The parties hereby agree not to pursue an award of monetary damages for a breach by or non-performance of the other party under this Agreement. The only remedies of the other party available against the non-performing party under this Agreement shall be either to withhold further performance under the Agreement until the non- performing party cures the non-performance, or to seek a court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non-performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of either party to pursue any and all available remedies if any, under non-tort or constitutional law relating to a party's non-performance under the Agreement so long as damages are not sought. The City will not waive sovereign immunity and does not waive sovereign immunity to any extent by reason of this Agreement, and in the event Developer seeks any relief against the City, the City may rely on any available defense arising out of its sovereign immunity. In the event a court order is issued declaring non-performance by either party,the non- performing party shall be required to reimburse the other party any actual and reasonable expenses incurred as a result of the breach (excluding attorney's fees and legal costs). 9. Disclaimer Of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party that is not a formal party hereto. Nothing in this Agreement, express or implied, is intended to be nor shall be a conferring upon or giving any person or entity any right, remedy or claim by reason of this Agreement or any provisions or conditions hereof, including any provisions or conditions hereof that may be implied or suggested in equity, and only the express parties to this Agreement and their respective designated representatives, successors and assigns shall have any rights under this Agreement. 10. Time Is Of The Essence. The parties agree that they shall diligently and expeditiously pursue their respective obligations. 11. Successors and Assigns. Developer may assign the rights under this Agreement to another party by written instrument, provided the assignee shall expressly agree under said instrument to be bound by the terms and conditions of this Agreement. Within three (3) days of 5 any such assignment, the Developer and assignee shall provide the City with a copy of the written assignment instrument. This Agreement and the terms and conditions hereof shall be binding upon and inure only to the benefit of the City and the Developer, and their respective successors in interest. 12. Applicable Law_ This Agreement and the provisions herein shall be construed, controlled and interpreted according to the laws of Florida. 13. Binding Effect. Each party represents to the other it has undertaken all necessary actions to execute this Agreement and has the legal authority to enter this Agreement and to undertake all obligations imposed on it. 14. Recording; Termination for Failure to Timely, Acquire Property. Upon Developer's execution of this Agreement and the City receiving the written notice of acquisition from the Developer pursuant to Paragraph 6 (b) of this Agreement, the City shall, at its sole cost and expense, record a fully executed copy of this Agreement in the Public Records of Seminole County, Florida. In the event the City does not receive written notice of acquisition from the Developer within one (1) year from the date that the last party to this Agreement executes the same, this Agreement shall automatically be deemed null and void and terminated unless the parties mutually agree to additional time to permit Developer to acquire the Property under the terms and conditions of this Agreement. 15. Venue. Any and all actions or proceedings arising out of or related to this Agreement or brought to enforce or interpret this Agreement, shall be brought exclusively and solely in the court of appropriate jurisdiction in Seminole County, Florida. 16. Construction Or Interpretation Of the A reement. This Agreement is the result of bona fide arm's length negotiations between the parties and all parties have contributed substantially and materially to the preparation of the Agreement and were represented by counsel. Accordingly, this Agreement shall not be construed or interpreted more strictly against one party as against the other party. 17. Development Permits,. Nothing herein shall limit the City's authority to grant or properly deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or tenninate any and all certificates of occupancy for any building or unit if Developer is in breach of any term or condition of this Agreement. 18. Attorneys' Fees and Costs. In the event of a dispute regarding this Agreement, the parties shall bear their own attorneys' fees and legal costs and neither shall be responsible to pay the other's legal fees. 6 19. Caption/Exhibits. (a) The headings or captions of the sections and subsections contained in this Agreement are for convenience and reference only, and do not, in themselves, have any legal significance and shall not be afforded any. (b) The exhibits to this Agreement are hereby incorporated into this Agreement and are an integral part of this Agreement. In the event of any conflict between the Agreement and any exhibit, the terms of the Agreement shall govern and control except with respect to the legal description or description of the Property, in which case the correct statement in an exhibit will control over the Agreement, but only if the description in the exhibit is determined to be accurate. 20. Parties Bound. Following the recordation of this Agreement, the benefits and burdens of this Agreement will become a covenant running with the title to the Property and all parts and parcels thereof, and this Agreement shall be binding upon and will inure to the benefit of both the City and Developer, and the assigns and successors in interest to the Property and all parts and parcels thereof. 21. Severalbility. If any provision of this Agreement is held to be unlawful by a court of competent jurisdiction, the unlawful portion shall be deemed separate and distinct, and the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of the Agreement. However, if the portion found to be unlawful results in the loss of a material benefit by the owner as a result of the excising or removal of such unlawful provision, then the Developer may terminate the Agreement. 22. Notices. Any notice delivered shall be in writing and shall be deemed to be delivered (whether or not actually received) when it is hand delivered to the official hereinafter designated; upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail return receipt requested; or upon receipt of such notice when deposited with Federal Express or other nationally recognized overnight or next day courier, addressed to the parties as follows: To Developer: With a copy to: To City: Kevin Smith City Manager City of Winter Springs 1126 East State Road 434 7 Winter Springs, Florida 32708 Telephone: (407) 327-5957 Fax: (407) 327-4753 With a copy to: Anthony A. Garganese Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407) 425-9566 Fax: (407)425-9596 23. Entire Ameinent. This Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter hereof and it supersedes all prior agreements, arrangements or understandings,whether oral or written. 24. Modification. This Agreement may not be amended, changed or modified nor may any material provisions hereunder be waived, except by a written document of equal dignity signed by the Developer and the City after approval by the City's City Commission at a public meeting. 25. Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. WHEREFORE, the parties hereto have caused these presents to be signed all as of the date and year first above written. WITNESSES: DEVELOPER: Standard Pacific of Florida GP, a Delaware Corporation Printed Name of Witness $y: Its President Printed Name of Witness ATTEST (Sea)): CITY OF WINTER SPRINGS, a Florida Municipal Corporation, By: ANDREA LORENZO-LUACES By: City Clerk CHARLES LACEY Mayor APPROVED AS TO FORM AND LEGALITY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A.GARGANESE,CITY ATTORNEY STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by , as of Standard Pacific of Florida GP, a Delaware corporation who is personally known to me or who has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed,printed or stamped) Notary Public, State of Georgia Commission No.: My Commission Expires: 9 Exhibit"A" The Property 10 EXHIBIT "A" LEGAL DESCRIPTION (PER TITLE COMMITMENT): PARCELS 1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 17 and Portions of Lot 1, 22, 23, 24 and the platted roads, Gardena Farms, as recorded in Plat Book 6,pages 23 through 24, of the Public Records of Seminole County, Florida,together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida,being more particularly described as follows: BEGINNING at the Northwest corner of Lot 51, Tuscawilla Unit 9, as recorded in Plat Book 24, pages 72-73 of the Public Records of Seminole County, Florida; thence run South 00°44'58" East, along the Westerly line of said Tuscawilla Unit 9, also being the Easterly line of Gardena Farms Town Sites as recorded in Plat Book 6, Page 39 of the Public Records of Seminole County, Florida, for a distance of 545.59 feet to the a point on the Northerly line of said Tuscawilla Unit 9, also being the Northerly line of Casa Park Villas Phase II and its Westerly extension; thence run North 85°40'44" West along said Northerly lines and said Westerly extension for a distance of 2372.28 feet; thence run North 04°17'16" East for a distance of 1404.44 feet; thence run North 85°44'34" West for a distance of 701.01 feet to a point on the Easterly right of way line of Tuskawilla Road; thence run North 13°13'34" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly, having a radius of 5813.47 feet, a chord bearing of North 1 I°19'20" East and a chord distance of 382.08 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 03°45'59" for an are distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord bearing of North 11°19'33" East and a chord distance of 374.86 feet; thence run Northerly along said curve and said Easterly right of way line, through a central angle of 03°46'24" for an arc distance of 374.93 feet to the point of tangency; thence run North 13°13'03" East, along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line, run South 87°58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1, page 5; thence run South 871 T59" East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02°41'54" East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North 87°17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line, nun North 81°23'14" West for a distance of 188.75 feet; thence run North 11°14'43" East for a distance of 47.95 feet; thence run North 74°48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly, having a radius of 5677.58 feet, a chord bearing of North 14°37'20" East and a chord distance of 240.25 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 02°25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 871734" East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence run South 02°42'26" West, along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04°25'42" East and a chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 04°11'32" for an arc distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chard bearing of South 15°30'27" East and a chord distance of 689.06 feet; thence run Southerly along the arc of said curve, and said Westerly right of way Iine, through a central angle of 173734" for an arc distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly, having a radius of 1915.35 feet, a chord bearing of South 37°05'33" East and a chord distance of 846.86 feet; thence run Southeasterly along the are of said curve, and said Westerly right of way Iine, through a central angle of 25°32'38" for an arc distance of 85391 feet; thence run North 37°08'28" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence run South 52°44'55" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 38°13'59" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55°27'26 East, along said Westerly and Southerly right of way line, for a distance of 1415.48 feet to the POINT OF BEGINNING. Containing 3,873,017 square feet, or 88.91 acres, more or less. AND Parcels 4, 5, 9, and 10, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase 1I, as recorded in Plat Boole 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41'02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 56°12'43" East and a chord distance of 373.78 feet; thence run Southeasterly along the are of said curve, and said Southerly right of way line, through a central angle of 07°08'50" for an arc distance of 374.02 feet; thence departing said curve, run North 30'12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly, having a radius of 2983.40 feet, a chord bearing of South 61'27'48" East and a chord distance of 174.69 feet; thence run Southeasterly along the are of said curve, and said Southerly right of way line, through a central angle of 03°21'20" for an arc distance of 174.72 feet; thence departing said curve, run South 04°13'03" West, along said Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434; thence run South 31'20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76°03'01" East and a chord distance of 347.22 feet; thence run Easterly along the arc of said curve, and said Centerline, through a central angle of 34°44'53" for an are distance 352.60 feet; thence departing said curve, run South 02 025'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT that portion of Old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres, more or less. AND Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39°5347" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85°45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line, run South 85°45'55" East for a distance of 242.50 feet; thence run South 04°13'03" West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60°55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 02°15'44" for an arc distance of 112.66 feet; thence departing said curve, run North 30°12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly, having a radius of 2843.40 feet, a chord bearing of North 58°08'24" West and a chord distance of 163.31 feet; thence run Northwesterly along the are of said curve, and said Northerly right of way line, through a central angle of 03'l 7'29" for an arc distance of 163.34 feet to the POINT OF BEGINNING. Containing 16,374 square feet, or 0.38 acres, more or less. Exhibit "B" Annexed Property ] l EXHIBIT "B" LEGAL DESCRIPTION(PER TITLE COMMITMENT): PARCELS 7, 8, 12, 14, and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County, Florida,together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of Lot 51,Tuskawilla Unit 9, as recorded in Plat Book 24,pages 72-73 of the Public Records of Seminole County, Florida; thence run North 55°27'26" West, along the Westerly right of way line of Rails to Trails,as recorded in Official Records Book 3177, Page 632 of the Public Records of Seminole County, Florida, for a distance of 595.66 feet to the POINT OF BEGINNING; Thence departing said Westerly right of way line run South 24°15'39" West, along the Westerly line of Lot 1, Block I, Gardena Farms Town Sites, as recorded in Plat Book 6,page 39 of the Public Records of Seminole County, Florida, for a distance of 86.39 feet; thence run South 09°45'37" West for a distance of 55.07 feet to a point on the Southerly right of way line of Railroad Avenue, as shown on the said Plat of Gardena Farms Town Sites; thence run North 55°27'26" West, along said Southerly right of way line, for a distance of 636.73 feet to a point on the South line of the North 112 of Block 3 of said Gardena Farms Town Sites; thence departing said Southerly right of way line, run North 85°42'44" West, along said South line of the North 112 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3; thence departing said South line, run North 04°17'16" East, along said West line, for a distance of 377.73 feet to the North line of said Gardena Farms Town Sites; thence departing said West line,run North 85°44'34" West, along said North line, for a distance of 1291.09 feet to a point on the Easterly right of way line of Tuskawilla Road; thence run North 13°13'34" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly,having a radius of 5813,47 feet, a chord bearing of North I 1']9'20" East and a chord distance of 382.08 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 03 045'59" for an are distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly,having a radius of 5693.21 feet, a chord bearing of North I 1'19'33" East and a chord distance of 3 74.86 feet; thence run Northerly along said curve and said Easterly right of way line,through a central angle of 03°46'24" for an are distance of 374.93 feet to the point of tangency; thence run North 139903" East, along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line,run South 87°58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said PIat Book 1,page 5; thence run South 87'17'59" East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02°41'54" East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North 87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line,run North 81°23'14" West for a distance of 188.75 feet; thence run North 11°14'43" East for a distance of 47.95 feet; thence run North 74'48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly,having a radius of 5677.58 feet, a chord bearing of North 14 9720" East and a chord distance of 240.25 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 02°25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 87°17'54"East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence ran South 02°42'26" West, along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly,having a radius of 4008.02 feet, a chord bearing of South 04°2542" East and a chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 049 932" for an are distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chord bearing of South 159027" East and a chord distance of 689.06 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line,through a central angle of 17°37'34" for an are distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly,having a radius of 1915.35 feet, a chord bearing of South 37°05'33" East and a chord distance of 846.86 feet;thence run Southeasterly along the are of said curve, and said Westerly right of way line,through a central angle of 25°32'38" for an arc distance of 853.91 feet; thence run North.37°08'28" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence run South 52 144'55" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 38°13'59" West, along said Westerly and Southerly right of way line, for a distance of 1796 feet; thence run South 55°27'26" East, along said Westerly and Southerly right of way line, for a distance of 819.82 feet to the POINT OF BEGINNING. Containing 1,517,496 square feet, or 34.84 acres, more or less. Parcels 4, 5, 9, and 10,together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGINNING at the Northwest coiner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence ran thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31°07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41°02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 56°12'43" East and a chord distance of 373.78 feet; thence run Southeasterly along the are of said curve, and said Southerly right of way line,through a central angle of 07°08'50" for an arc distance of 374.02 feet; thence departing said curve, run North 30°12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly,having a radius of 2983.40 feet, a chord bearing of South 61°27'48" East and a chord distance of 174.69 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line,through a central angle of 03°21'20" for an arc distance of 174.72 feet; thence departing said curve,run South 04°13'03" West, along said Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434; thence run South 31°20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76°03'01"East and a chord distance of 347.22 feet; thence run Easterly along the arc of said curve, and said Centerline, through a central angle of 34 044'53" for an arc distance 352.60 feet; thence departing said curve, run South 02°25'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres, more or less. Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,Florida, being more particularly described as follows: COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase Il, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly,having a radius of 18 15.3 5 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 31'0719" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85°45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line, run South 85°4555" East for a distance of 242.50 feet; thence run South 04°13'03" West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60°55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the are of said curve, and said Northerly right of way line, through a central angle of 02°15'44" for an arc distance of 112.66 feet; thence departing said curve, run North 30°12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly,having a radius of 2843.40 feet, a chord bearing of North 58°08'24" West and a chord distance of 163.31 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line,through a central angle of 03°1T29" for an arc distance of 16134 feet to the POINT OF BEGINNING. Containing 16,374 square feet, or 0.38 acres, more or less. Exhibit "C" Proposed Town Center Traosect Map 12 EXHIBIT Plante Property , r e T4 ��. Cross Seminole Trail Town Center +.•. T4 Town Center Town Center f T3 T3` Town Cent v. Center Town Center City of Winter Springs �► [ w �, _ `? ..il'i y'Q�i•.. *� ' , To Overlay '$�e � �_ �Iffllf �f s. -. 4r`� �'�'� ,. , '��Y►�ti ���4�� �� Exhibit "D" Concept Plan 13 CONCEPT PLAN EYHIBIT-W Site Data min Md. Road Type Legend Edge Drive Neighborhood Streel 7 Neighborhood Lane Jp r. .1�'l drn lHn r•.�c' Exhibit "E" Depiction of Old SR 434 14 EXHIBIT E Existing City S-inch force main Old SR 434-City has interest in this land,not to be reserved for public purpose 306 308 310 372 (y Gardena Avenue 304 T - City has interest ir. this land with a public purpose a 307 309 311 ss �Q roadway 302 303 300 200 301 l in InR Exhibit"r" Existing Brownfield Area 15 EXHIBIT "F" 2950 Railroad Avenue Winter S rin rs Florida The M-1 zoning area of Parcel IDH 26-20-30 5AR-OA00-0080 generally described as follows: That part of Lot 8 comnicneing at the Southeast corner of Tuskawilla,according to the Plat of Mitchell's Survey of the Levy Grant on Lake Jessup,as recorded in Plat Book 1,Page 5,of the Public Rex;ords of Seminole County,Florida,thence North to easterly extension of the northerly boundary line of Lot 17 of said'TuskawiIla,thence East to the westerly boundary line of Rails to Trails(abandoned CSX Railroad),thence Southeasterly along the westerly boundary line of said Rails to Trails to a point 654 feet MOL North of the north boundary line of Gardena Farms as recorded in Plat Book 6,Pages 23 and 24,of the Public Records of Seminole County,Florida, being the Point of Beginning,thence continuing Southeasterly along;said Rails to Trails to north boundary line of said Gardena Farms,thence Westerly along said northerly boundary line of said Gardena Farms,633 feet MOL,thence Northerly 654 feet MOL to the Point of Beginning. 2960 Railroad Avenue,Winter Springs,Florida Parcel ID#06 21-31-501-030A-0000,generally described as follows: A portion of the North Y:of Block 3,of Gardena Farms"Town Sites as recorded in Plat Book 6, Page 39,of the Public Records of Seminole County,Florida,as further described as follows: Commencing at the Northeast corner of Lot 6 of said Gardena Famts,said point being on the westerly Right of Way line of Tuscawilla Gabriella Read;run thence S 85°5 i'39"E, 702.17 feet,along northerly boundary line of said Gardena Farms; thence continue S 85°51'39"E, 590.08 feet along said northerly boundary line to the Northwest corner of said Gardena Farms Town Sites and being;the Point of Beginning;tlience S 04°08' 41"W,386.72 feet along the westerly boundary of said Gardena Farms Town Sites;thence S 85° 51' 39"l~,635 feet;thence N 55°35' 50"W,735.15 feet to the Point of Beginning. EXHIBIT F ,i Brownfield Area 74D :1 i D i� fill i f \ Site Parcel IQ M 26-20-30-5AR-OA00-0060 M-1 Zoning Area Only AppraxImately 4.59 Acres \\ o 4 Site Parcel IQ#: 06-21-31-501-030A-0000 Apprvimately 1.86 Acres \ c, o� Sfi� a41�'�e �0jo Tway 0 250 500 1,000 Feet L VrA- r.,L-relI F"rn Yy lc::u,x map—dA.41W'372IOC 2 G2 Orlando Sentinel Thursday,April 24,2®94 st Attachment T" { NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO ADOPT THE FOLLOWING: ORDINANCE NO.2013.12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFWINTER SPRINGS,FLORIDA, ANNEXING NINE(9)PARCELS OF LAND COMPRISING APPROXIMATELY 60 GROSS ACRES, MORE OR LESS,CURRENTLY WITHIN SEMINOLE COUNTY,FLORIDA,AND GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD,SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT"A" ATTACHED HERETO;PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE It, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES;PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL;PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. AND ORDINANCE NO.2013-13 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 NINE (9)PARCELS OF LAND;CONTAINING 60 GROSS ACRES;MORE OR LESS,AND GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD,SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT"A"ATTACHED HERETO,FROM SEMINOLE COUNTY "INDUSTRIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER";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. AND ORDINANCE NO.2013-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,SEMINOLE COUNTY;FLORIDA,CHANGING THE ZONING MAP DESIGNATION OF REAL PROPERTY CONSTITUTING NINE(9)PARCELS OF LAND TOTALING 60 ACRES, MORE OR LESS, GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD IN THE CITY OF WINTER SPRINGS,FLORIDA,DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT"A"ATTACHED HERETO,FROM SEMINOLE COUNTY"A-1 AGRICULTURAL"AND "M-1 INDUSTRIAL"TO WINTER SPRINGS"TOWN CENTER DISTRICT,"PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS',SEVERABILITY, AND AN EFFECTIVE DATE. LOCATION MAP _ =� CITY COMMISSION SECOND READING ADOPTION PUBLIC HEARING WILL BE HELD ON MONDAY,MAY 12,2014 AT 5:15 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS,FLORIDA The proposed ordinances and complete legal description by meets and bounds may be obtained by interested parties between 8 a.m.and 5 p.m.,Monday through Friday,from the office of the City Clerk,located at 1126 E.SR 434, Winter Springs, Florida. For more information, call (407) 327-1800#227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at(407)327-1800,#236.This is a public hearing.Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance.If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting,you will need a record of the proceedings, and for such purposes,you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. G2 j Orlando sentinel Thursday,May 1,2G14 SE A NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO ADOPT THE FOLLOWING: ORDINANCE NO,2913-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA. ANNEXING NINE (9) PARCELS OF LAND COMPRISING APPROXIMATELY 60 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA. AND GENERALLY LOCATED SOUTH DF STATE ROAD 434 AND EAST OF TLISKAWILLA ROAD, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT ''A" ATTACHED HERETO; PROVIDING FDR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCDRPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, S EVERABI L ITY,AND AN EFFECTIVE DATE. LOCATION MAP E][Hl131T A CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY,MAY 12,2014 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL I 1326 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA The proposed ordinance and complete legal description by I meets and bounds may be obtained by interested parties benveen 8 a.m.and 5 p.m_Manday through Friday,from Me office of the City Clerk, located at 1125 E. SR 434. Winter Springs, Florida. For rnore information, call (447) 327-1800#227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 46 hours in advanee at the meeting at (407)327-1809.0236-This isa public hearing.Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. It you decide to appeal any recommendation or decision made by tree City Commission with respect to any mater considered at this meeting.you will need a record of the proceedings, and for such purposes, you may naed to ensure that a uerbatirn record of the proceedings is made up an which the appeal is based. Attachment 'T" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 2, 2013 CALL TO ORDER The Regular Meeting of Wednesday, October 2, 2013 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Vice-Chairperson Bob Henderson in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708), hall Call: Chairperson William H. Poe, absent Vice-Chairperson Bob Henderson,present Board Member Howard Casman, present Board Member Bart Phillips, present Board Member Suzanne Walker, present Deputy City Clerk Sarah Hart, present Vice-Chairperson Bob Henderson led the Pledge of Allegiance and a silent invocation. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Vice-Chairperson Henderson opened "Public Inpul" No one addressed the Planning and Zoning Board/Local Planning Agency. Vice-Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND TONING ROARDfLOCAL PLANNING AGENCY REGULAR MEETING-OCTOBER 2,2017 PAGE 2 OF 6 CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting Approval Of The September 4, 2013 Planning And Toning Board/Local Planning Agency Regular Meeting Minutes. "I WILL PUT THE MOTION FORWARD (TO APPROVE THE SEPTEMBER 4, 2013 REGULAR MEETING MINUTES)." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AVE BOARD MEMBER CASMAN: AVE MOTION CARRIED. 400. REPORTS No Reports were given. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS SOU. Community Development Department—Planning Division Requests That The Planning And Toning Board Hold A Public Hearing To Consider Ordinance 2413-12, Which Proposes To Voluntarily Annex Nine (9) Parcels Totaling Approximately 60 Gross Acres, More Or Less, Currently Within Seminole County, Florida, And Generally Located South Of State Road 434 And East Of Tuskawitia Road. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item and referred to maps that were included with the Agenda Item. further continents followed on a previous use of the property. Vice-Chairperson Henderson opened "Public Input". No one spoke. Dice-Chairperson Henderson closed "Public Input C rrY OF WINTER SPRINGS.FLORIDA M IN UTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-OCTOBER 2,2413 PAGE 3OF6 "I WILL PUT FORTH THE MOTION TO GRANT AND APPROVE THE ANNEXATION." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division Requests The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance 2013-13, A Large-Scale Future Land Use Map Amendment, Expedited State Review (ESR 14-1), Which Proposes To Change The Future Land Use Map Designation From "industrial" to "Town Center" for approximately 60 Gross Acres, More Or Less, Currently Within Seminole County, Florida, And Generally Located South of State Road 434 And East Of Tuskawilla Road. Related to this Agenda Item, Mr. Woodruff presented his opening remarks. Discussion ensued about potential traffic concerns with the addition of 450 more homes and that if a traffic study shows that improvements need to be carried out, then that will be incumbent on the Developer at that time. With additional comments about commercial development being part of this project, Mr. Woodruff commented, "Staff is really looking for commercial to front on Tuscawilla Road as well as State Road 434 and have the residential on the interior of the project." Vice-Chairperson Henderson opened "Public Input No one addressed the Board Members. Vice-Chairperson Henderson closed "Public Input "I WOULD MADE A MOTION TO APPROVE ITEM 1501':' MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CRYOF WINTER SPRINGS,FLORLDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING-OCTOBER 2.2013 PAGE 4 OF 6 VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department—Planning Division Requests The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance 2013-15, Which Proposes To Rezone Nine (9) Parcels Totaling Approximately 60 Gross Acres, More Or Less, Currently Within Seminole County, Florida, And Generally Located South Of State Road 434 And East Of Tuskawilla Road From Seminole County's Agriculture "A-1" And Industrial "M-1" To City of Winter Springs "Town Center". Mr. Woodruff presented this Agenda Item to the Planning and Zoning Board/Local Planning Agency. Vice-Chairperson Henderson opened "Public Inpul". No one addressed the Planning and Zoning Board/Local Planning Agency. Vice-Chairperson Henderson closed "Public Input". "I WILL MAKE A MOTION THAT WE RECOMMEND APPROVAL FOR THE CITY COMMISSION." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER WALKER. VOTE: BOARD MEMBER GASMAN: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CRY OF WINTER SPRWGS.FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING-OCTOBER 2.2013 PAGE S OF 6 PUBLIC HEARINGS 503. Community Development Department— Planning Division Requests The Planning And Zoning Board Hold A Public Hearing For The Approval Of The Final Engineering Plans For The Starlight Baptist Church Sanctuary Building, Located On The Northwest Corner Of Hayes Road And East Bahama Road. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item. There was some discussion about parking provisions for this building development to which Mr. Howell remarked, "It meets all the parking standards. There's a lot of grass parking. As I've said before, it will only be used on Sundays and Wednesdays so they have an ample amount of parking," Vice-Chairperson Henderson opened "Public.Input No one addressed the Board. Dice-Chairperson Henderson closed "Public Input "I WILL PUT THE MOTION FORWARD FOR APPROVAL OF `503'." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BV BOARD MEMBER GASMAN." VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used CITY OF WINTER SPRINGS.FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—OCTOBER 2.2013 PAGE 6OF6 PUBLIC INPUT Vice-Chairperson Henderson opened "Public Input" No one spoke. Vice-Chairperson Henderson closed "Public Input". In other City business, Mr. Randy Stevenson, AICP, Director, Community Development Department explained to the Board Members that a Special Meeting of the Planning and Zoning Board/Local Planning Agency may be requested with regards to an Appeal on a Permit regarding an addition to a home in the Glen Eagle subdivision. Members of the Planning and Zoning Board/Local Planning Agency agreed that the week of October 14, 2013 would be best for them should such a Special Meeting be required. Mr. Stevenson said that he would get back to them on a date. ADJOURNMENT Vice-Chairperson Henderson adjourned the Regular Meeting at 6:01 p.m. f RESP "I FULL. SUB_ TIED: ;i/AfL44 HA D CITY CLERK r APPROVED: r WILLI OE, CHAIRPERSON PLANTTIING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE; These]Minutes were Approved at the November 6, 2013 Planning And Zoning Baar&Local Planning Agency Regulat (Meeting.