HomeMy WebLinkAbout2013 07 10 Regular 600 Winding Hollow Lot Split PLANNING & ZONING BOARD
AGENDA
ITEM 600 [Consent
Information
Public Hearin
Regular X
July 10, 2013
Meeting Mgr. /Dept.
REQUEST: Community Development Department-Planning Division requests that the Planning
& Zoning Board consider the Offices at Winding Hollow Lot Split, located on the southeast
corner of S.R. 434 and Winding Hollow Boulevard.
PURPOSE: The purpose of this agenda item is to recommend approval of the authorization to
record the Offices at Winding Hollow Lot Split (see attached Sketch of Description). The
applicant wishes to divide an existing 4.12 acre parcel into two (2) lots, one 1.27 acre lot fronting
S.R. 434 (herein referred to as the "S.R. 434 Frontage Lot") and one 2.9 acre lot fronting the east
side of Winding Hollow Boulevard (herein referred to as the "Interior Lot"). The Applicant has
preliminary indicated that they desire to permit and construct an office park on the Interior Lot
that is proposed to be similar to the construction taking place on the west side of Winding Hollow
Boulevard. The existing owner will retain ownership of the S.R. 434 Frontage Lot for future
development.
APPLICABLE CODE:
City Code of Ordinances, Chapter 9—Land Development
Section 9-1. Definitions.
Section 9-2. Division of land; City Commission approval required.
Section 9-3. Dividing platted property.
Section 9-4. Waiver to subdivision requirements.
Section 9-10. General Criteria for Approval.
Section 9-11. Lot Splits.
City Code of Ordinances, Chapter 20—Zoning
City Code of Ordinances, Chapter 20, Article VI— State Road 434 Corridor Vision Plan.
City of Winter Springs Comprehensive Plan
Section 2(b), Article VIII, of the State Constitution
Chapter 177, Florida Statutes.
Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent).
Ordinance No. 2006-11
July 10, 2013
Regular Agenda Item 600
Page 2
CONSIDERATIONS: The 4.12 acre site is located on the southeast corner of Winding
Hollow Boulevard and S.R. 434 and has both"Commercial" and "Conservation Overlay" Future
Land Use designations and G2 (General Commercial) zoning. There are no minimum lot
standards associated with the existing G2 (General Commercial) zoning designation. The subject
property includes a conservation area on the southern most portion of the site. Because the
subject property is within the conservation overlay, an environmental impact study will be
required during development review to determine exact boundaries of conservation areas. In
addition, this same parcel is located within the City's S.R. 434 Corridor Overlay District. As
such, the development of the entire property is currently subject to the New Development Overlay
design standards described within Code of Ordinances, Chapter 20, Division 2. — General Design
Standards for New Development Area. The subject property abuts the entry to the Winding
Hollow subdivision, which has R-lA zoning. Potable water and sanitary sewer are available to
the site. Staff has reviewed the lot split application and believes that it is consistent with the
criteria set forth in Section 9-10 (General Criteria for Approval):
(a) The application is in compliance with the provisions of this chapter and applicable law.
(b) The application is consistent with the city's comprehensive plan and applicable city master
plans.
(c) The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends in
the neighborhood which have been previously approved by the city commission.
(d) The application does not create any lots, tracts of land or development that do not
conform to the city code.
(e) The applicant does not create burdensome congestion on the streets and highways.
(f) The application promotes the orderly layout and use of land.
(g) The application provides for adequate light and air.
(h) The application does not create overcrowding of land.
(i) The application does not pose any significant harm to the adequate and economical
provision of water, sewer, and other public services.
(j) The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
STAFF ANALYSIS: Staff fords that the application, as submitted by the Applicant,
presents several concerns regarding compliance with the City's lot split Code
criteria. Particularly, Section 9-10 (c) requires that the application be generally compatible and in
harmony with the surrounding neighborhood. Further, Section 9-10 (e) requires that the
application does not create burdensome congestion on the streets and highways. In addition,
Section 9-10 (f) requires that the application promote the orderly layout and use of land.
Furthermore, Section 9-10 (j) provides that applications must provide for proper ingress and
egress through a public street.
The applicant is requesting that a G2 (General Commercial) lot along S.R. 434, and located at
the entrance of Winding Hollow, be split into two (2) lots. One lot (S.R. 434 Frontage Lot) will
2
July 10, 2013
Regular Agenda Item 600
Page 3
remain along S.R. 434 and the other lot (Interior Lot) will become internal to the Winding Hollow
Subdivision relative to using the only access road (Winding Hollow Boulevard) to the
subdivision. As such, if the proposed application is approved, Staff believes that the future access
to the Interior Lot will be significantly impacted because the Interior Lot will no longer have
direct access to S.R. 434 and this Interior Lot could present future compatibility issues related to
whether all of the C-2 permitted uses are appropriate for a lot which no longer has access to S.R.
434. In essence, if the lot split is approved, the Interior Lot will be solely dependent on Winding
Hollow Boulevard for access and will have to share access with the entire Winding Hollow
subdivision. Additionally, the C-2 (General Commercial) zoning district lists several permitted
and intense commercial uses which may not be compatible, from a land use and traffic
perspective, with the proposed Interior Lot, especially since it will no longer have direct access to
S.R. 434.
The applicant has preliminary indicated verbally to Staff that the development of the Interior Lot
would be used for single story offices as previously approved for property located on the west
side of Winding Hollow Boulevard. It is anticipated that the proposed project is less intense than
the development on the west side and will more than likely include three (3) buildings and
approximately 10,488 total square feet of office space. Staff finds that office use for the Interior
Lot would significantly mitigate against any adverse traffic impact or compatibility concerns with
the Winding Hollow Subdivision. However, there are currently no guarantees that the Interior
Lot will be developed as an office use. Thus, if the Applicant's office space proposal fell through,
and the City Commission were to approve the lot split without conditions, the Interior Lot could
potentially be developed with a far more intense and incompatible commercial use under the
current C-2 (General Commercial) zoning regulations, thereby causing significant development
concerns for the Winding Hollow Subdivision.
In addition, if the lot split application were approved, the Interior Lot would no longer abut S.R.
434 and therefore, the Interior Lot would technically no longer be subject to the S.R. 434 General
Design Standards for New Development Area. This result was not intended at the time these
Standards were originally approved and not applying these Standards to the Interior Lot may
negatively impact, at the time of development, the compatibility of the future development of the
Interior Lot with the S.R. 434 Frontage Property and the Winding Hollow Subdivision.
Therefore, if the Planning & Zoning Board decides to approve the lot split resolution, Staff
recommends that the approval be subject to several conditions to safeguard Winding Hollow
Boulevard and the Winding Hollow Subdivision. These exact conditions were recently approved
by City Commission for the lot split on the west side of Winding Hollow Boulevard as described
within Resolution 2012-43. The conditions must be memorialized in a binding development
agreement with the Applicant. The conditions being recommended by Staff are as follows:
1) The Applicant shall be required to submit permit applications to permit and develop an office
park on the Interior Lot;
3
July 10, 2013
Regular Agenda Item 600
Page 4
2) The Applicant shall consent to the City administratively rezoning the Interior Lot to C-
1(Neighborhood Commercial);
3) The Applicant shall consent to the Interior Lot being subject to the S.R. 434 General Design
Standards for New Development Area; and
4) The Lot Split Resolution shall not be finalized and recorded until such time the binding
development agreement is finalized and executed.
Lastly, if the recommended conditions are imposed as a condition of approving the lot split
resolution, Staff finds that the remaining lot split criteria would be satisfied.
If the lot split resolution is approved subject to the conditions, the resolution will be recorded
simultaneously with the binding development agreement. The administrative rezoning of the
property will occur thereafter.
The lot split is also consistent with Section 9-11 (Lot Splits). No new streets or other public
infrastructure improvements are required that warrant an engineered subdivision plan for this
division.
FINDINGS:
1. The lot split is consistent with the Comprehensive Plan.
2. Staff believes the application is consistent with sections 9-10, 9-11, and other applicable
City Code provisions.
RECOMMENDATION:
Staff recommends that the Planning & Zoning Board hold a Public Hearing and recommend
Approval to the City Commission for the Offices at Winding Hollow Lot Split on the east side of
Winding Hollow Blvd.
ATTACHMENTS:
A Location map
B Sketch of Description
C Resolution 2013-25
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LEGEND PLAT BOOK 1, PAGE 5
FDOT FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA POWER Sc LIGHT COMPANY
ORB OFFICIAL RECORDS BOOK 110' REEMENT (ORB 183, PAGE 132
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MLLE: SURVEYOR AND MAPPER.
Hen rich—Luke—Swaggerty—Mena rd Job No: E-9149
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1 101 Drawn By: ADA SEE SHEET OF2
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1"=100'
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SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
DESCRIPTION - (MASTER PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83°48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING
THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07°01'30"W, A DISTANCE OF 658.07 FEET;
THENCE N83 048'59"E A DISTANCE OF 5.00 FEET; THENCE N07 001'30"W A DISTANCE OF 162.95 FEET TO A POINT
ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A
DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07°01230 2'E ALONG THE EAST LINE OF SAID LOT 25,
BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE
DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT
25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey Hof �.he Levy
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Grant, as recorded in Plat Book 1, Page 5; said bearing being N83 48 59 E. HE
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SKETCH OF DESCRIPTION
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STATE
ROAD 434
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POINT OF COMMENCEMENT BOOK
47, PAGES 94-96)
SW CORNER, LOT 25, BLOCK D
D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING
LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL)
FDOT FLORIDA DEPARTMENT OF TRANSPORTATION LIGHT COMPANY
ORB OFFICIAL RECORDS BOOK 110' FLORIDA N W ORB 1839 PAGE 132
PAGE
PG R/W AGR D RB 148, PAGE 79)
AND O
R/W RIGHT—OF—WAY
SQ. FT. SQUARE FEET
CENTERLINE SHEET 2 OF2
NOT VALID WITHOUT THE SIGNATURE AND THE
H L ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
MLLE: SURVEYOR AND MAPPER.
Hen rich—Luke—Swaggerty—Mena rd Job No: E-9149
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drawn By: ADA SEE SHEET 1 OF 2
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1"=1=loop
P. (407) 647-8097 AND SIGNA TORE
WWW.FloridaLandSurveyor.com
Licensed Business No. 7276
SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
DESCRIPTION - (NORTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83 048'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED
IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07 0'01'30"W, A DISTANCE OF 575.99 FEET FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST
RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07°01'30"W A DISTANCE OF 82.08 FEET; THENCE
N83 048'59"E A DISTANCE OF 5.00 FEET; THENCE N07 001'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY
MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD
RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY
LINE OF STATE ROAD 434 RUN S07°01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF
245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83°53'17"W A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS.
DESCRIPTION - (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83 048'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07 001'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83°53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07 001'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE S83 048'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted. ,
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey of 11
o
Levy 9 9 9 \ ,\
the Lev Grant, as recorded in Plat Book 1, Page 5; said bearing being N83 48 59 E. �'� 40 I OF2
NOT VALID I
H THE SIGN"AO* NJb TH-E
ORIGINAL.._4S ,`SEAL OF A FLORIYA, 6 ENSED
1H M L L C SURVEYOR AND �APPER.
Hen rich—Luke—Swaggerty—Mena rd Job No: E-9149 \
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drawn By: ADA
Lake Mary, Florida 32746
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Licensed Business No. 7276 25
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SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
DESCRIPTION - (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83°48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07 0,01'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83°53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07°01'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. e . �. e Lev
Bearings sown hereon are assume relative o e South line o o Block Mitchell's \f t�h
Grant, as g recorded in Plat Book 1, Page 5; said bearing being N83 48 59 E. ��%
9 9 9 �S � ...1'0F2
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Job No: E-9149
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Professional Surveyors&Mappers Date: 6/27/13
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165 Middle Street, Suite 1101 Drawn By: ADA
Lake Mary, Florida 32746
Scale: 1"-100'
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SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
STATE
ROAD 434
131.50' R/W 77070-2518)SECTION —
WAY MAP —
(FpOT RIGHT OF ROAD 434
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H L ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
MLLC SURVEYOR AND MAPPER.
Hen rich—Luke—Swaggerty—Mena rd Job No: E-9149
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drawn By: ADA SEE SHEET OF 2
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1"=100'
P. (407) 647-8097 AND SIGNA TURF
WWW.FloridaLandSurveyor.com
L.Licensed Business No. 7276
Attachment " C "
RESOLUTION NO. 2013-25
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, PROVIDING FOR THE DIVISION OF AN
ORIGINALLY PLATTED LOT OWNED BY WINTERSPRING
LAND LTD. AND GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION OF STATE
ROAD 434 AND WINDING HOLLOW BOULEVARD,
WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF
RECORD FOR DEVELOPMENT PURPOSES; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size
that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to
divide an originally platted single lot; and
WHEREAS,section 9-11 of the City Code authorizes the City Commission to approve such
division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and
application process for lot splits; and
WHEREAS, Winterspring Land Ltd. (hereinafter "Owner") is the owner of certain real
property generally located at the southeast corner of State Road 434 and Winding Follow Boulevard
in Winter Springs, Florida, more particularly depicted and legally described herein; and
WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to
divide said property into two (2) separate lots; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS,the City Commission finds that Owner has satisfied all of the requirements for
lot splits set forth in section 9-11 of the City Code; and
WHEREAS,the City Commission of the City of Winter Springs finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Resolution No.2013-25
Page 1 of 3
SPRINGS HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval of Lot Slit. Subject to the terms and conditions required by the City
Commission at the ,2013 public hearing on this Resolution,the City Commission
hereby approves, pursuant to section 9-11 of the City Code, the division of the real property
generally located at the southeast corner of State Road 434 and Winding Follow Boulevard,legally
described in"Exhibit A," attached hereto and fully incorporated herein by this reference, into two
(2) separate lots. Such lots are more particularly depicted and legally described in "Exhibit B,"
attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution
in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of
record for development purposes pursuant to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted
by the City Commission,or parts of prior resolutions in conflict herewith,are hereby repealed to the
extent of the conflict.
Section 4. Severability. If any section,subsection,sentence,clause,phrase,word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City
Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole
County, Florida simultaneously with the binding development agreement memorializing the terms
and conditions of the lot split. The Community Development Department is hereby directed to
modify city maps and documents to reflect the lot split upon recordation of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs and a binding development agreement being
approved and executed by the City and the property owner of the southeast parcel memorializing the
terms and conditions of the lot split required by the City Commission in accordance with the public
hearing conducted on ,2013. If the binding development agreement is not fully
executed by , 2013, this Resolution shall be deemed null and void.
[EXECUTION PAGE FOLLOWS]
City of Winter Springs
Resolution No.2013-25
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, this day
of 2013.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No.2013-25
Page 3 of 3