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HomeMy WebLinkAbout2014 08 06 Public Hearing 503 Ordinances 2014-16 Future Land Use Amendment & 2014-17 Rezoning of 1192 Orange Avenue LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD AGENDA ITEM 503 Consent Information Public Hearing X Regular August 6, 2014 Meeting REQUEST: The Community Development Department — Planning Division requests that the Local Planning Agency/Planning & Zoning Board hold a Public Hearing to consider both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 1.03 acres of property located at 1192 Orange Avenue as described within Ordinances 2014-16 and 2014-17. PURPOSE: The purpose of this request is to consider the request of George & Yvonne Meier (property owner) for a Small-Scale Future Land Use Map Amendment and Rezoning, which if approved, would change the Future Land Use Map and zoning designation for approximately 1.03 acres of property located at 1192 Orange Avenue (see Attachment A - Location Map). Ordinance 2014-16 proposes to change the Future Land Use Map designation from Seminole County "Suburban Estate (SE)" to City of Winter Springs "Town Center" (see Attachment B - Ordinance 2014-16). Ordinance 2014-17 proposes to rezone the property from Seminole County "Agriculture (A-1)" to City of Winter Springs "Town Center (T-3)" (see Attachment C - Ordinance 2014-17). The requested Small Scale Plan Amendment affords the property owner the ability to reduce the minimum lot size from one (1) acre down to less than half an acre in the near future. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... August 6, 2014 Public Hearing Agenda Item 503 Page 12 (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan; Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Winter Springs Charter Section 4.15 Ordinances in General; Winter Springs Article III. Comprehensive Plan Amendments; Section 15-30. Authority, purpose and intent; Section 15-35. Review Procedure; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff s recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Economic Opportunity. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20-31. CONSIDERATIONS: Applicant— George A. III& Yvonne Meier Location— 1192 Orange Avenue Site Information — The 1.03 acre parcel currently has a future land use designation of Seminole County "Suburban Estate (SE)". The property is also described within Agenda Item 502, Annexation, which is scheduled to run concurrent with the requested Small- Scale Plan Amendment and Rezoning. The applicant has petitioned the City to change August 6, 2014 Public Hearing Agenda Item 503 Page 13 the future land use designation of the property to City of Winter Springs "Town Center". The request affords the property owner the ability to reduce the minimum lot size from one (1) acre down to less than half an acre in the near future. PARCEL Property Addresses: 1192 Orange Avenue Property Owners: George A. III & Yvonne Meier Applicant Address: 1192 Orange Avenue Winter Springs, F132708 Property Appraiser Parcel I.D numbers: 26-20-30-5AR-OB00-004C Property Acreage: 1.03 acres Property Legal Descriptions: See 'Attachment D - Legal Description/Survey' Current Future Land Use: Seminole County"Suburban Estate (SE)" Proposed Future Land Use: City of Winter Springs "Town Center" Existing Zoning: Seminole County "A-1 (Agriculture)" Proposed Zoning: City of Winter Springs "Town Center" (T-3) Existing Land Uses — The applicant, Mr. & Mrs. Meier own and reside at 1184 Orange Avenue which is located directly west of the subject property. The subject property has a one-story single family residence and the surrounding area is generally characterized by the following land use and zoning categories. August 6, 2014 Public Hearing Agenda Item 503 Page 14 Existing Land Uses Zoning Future Land Use Subject Existing Single- Seminole County Seminole County Properties Family Residence Agriculture (A-1) Suburban Estate (SE) North Lake Jesup N/A N/A ................................................................................................................................................................................................................................................................................................................................................................................................................................................ South Jesups Landing City of Winter City of Winter Springs Springs Town Center Town Center (T-4) .................................................................................................................................................................................................... .................................................................................................................................................................................................................................. East Vacant Property Seminole County Seminole County Sin le Famil Y R 1 Suburban Estate SE ......................................................................................................................................................................................................................_......................................_ .............................. .................................... ................. West Existing Single- City of Winter City of Winter Springs Family Residence Springs Town Center Town Center (T-3) Development Trends — The surrounding area is generally characterized by single and multi-family development within both Seminole County and the City of Winter Springs. The subject property is located just north of Jesups Landing, a multi-family development currently under construction. The requested annexation, via Ordinance 2014-15, was presently considered by the City of Winter Springs Local Planning Agency/Planning & Zoning Board under Item 502. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20-31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject property currently has an existing brick/wood frame residence that was built in 1968. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Seminole County "Agriculture (A-1)" to Winter Springs "Town Center" (T-3) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. Properties to the south and west have the City of Winter Springs "Town Center" future land use designation. Property to the east of the subject property is within Seminole County and presently has a future land use designation of "Suburban Estate (SE)." August 6, 2014 Public Hearing Agenda Item 503 Page 5 (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. The subject property is located just north of the multi-family development, currently under construction, known as 7esups Landing. The proposed zoning designation is compatible with the surrounding area. (6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- The proposed zoning designation of "Town Center" (T-3) is compatible with the proposed "Town Center" Future Land Use Map classification that is proposed via Ordinance 2014-16. (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privilege- The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City. (14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any applicable land use regulations adopted by the City. Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any letters or phone calls in favor of or in opposition to this proposal. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: August 6, 2014 Public Hearing Agenda Item 503 Page 16 Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the prevailing character of the area around the subject property, as well as evaluating the current land use and the future goals and objectives of the City and of the property owner. A Winter Springs "Town Center" designation most closely resembles the character of the area and maintains continuity with the adjacent properties in the City. Through Ordinance 2014-16, the applicant is requesting the City of Winter Springs "Town Center" land use designation on 1.03 acres of property located at 1192 Orange Avenue. Public Facilities: The site is already developed and owned by the applicant who presently resides at 1184 Orange Avenue which was connected to City water in 2002 by an annexation agreement. Availability of Access: The existing residence at 1192 Orange Avenue has direct access to Orange Avenue. Function Classification: Orange Avenue is an existing two (2) lane local road. POTABLE WATER: The City has an existing 8-inch water main along Orange Avenue adjacent to the south side of the property that is available to provide potable water service to the property. WASTEWATER The City has an existing 4-inch City sanitary force main in Orange Avenue that is available for connection. RECLAIMED WATER: Facilities serving the subject property: None currently. ELECTRIC SERVICE: Facilities serving the subject property: The City of Winter Springs is serviced by Duke Energy for electric service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the subject property: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. Upon development, the site will be required to provide on-site stormwater management in accordance with all applicable St. John's River Water Management District (SJRWMD) criteria. POLICE: August 6, 2014 Public Hearing Agenda Item 503 Page 17 The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are averaged monthly. FIRE: Seminole County is responsible for fire protection. Station 35, located at 201 West County Home Road, Sanford, Florida is the closest fire station. The response time is approximately two minutes. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from Seminole County "Suburban Estate (SE)" to City of Winter Springs "Town Center" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Town Center" future land use designation, and the subject property is surrounded primarily by single and multi-family residential development. The requested future land use map designation is consistent with the surrounding areas. NATURAL RESOURCES COMPATIBILITY: The required Environmental Impact Study will accompany the application for any future residential development. SOILS The subject property consists of Myakka & EauGallie Fine Sands and EauGallie & Immokalee Fine Sands according to Seminole County Property Appraisers data. FLOOD PRONE AREAS According to the FEMA Flood Insurance Rate Map dated September 2007, the majority of the property is located entirely in Flood Zone "X", which is outside of the 100-year floodplain. There is a small portion of the subject property, towards Lake Jesup, which falls within Flood Zone "AE". HISTORIC RESOURCES No known historical resources are located on the subject property or within the vicinity of the subject property. WILDLIFE There is no evidence of wildlife currently occupying the subject parcels. CONSISTENCY WITH THE COMPREHENSIVE PLAN Future Land Use Element Per the Comprehensive Plan, the Town Center is to be a place where people can reside in a mix of single and multiple family dwellings, work, gather to shop, relax, recreate, be August 6, 2014 Public Hearing Agenda Item 503 Page 18 entertained, attend community events, and enjoy the natural beauty of lands located in the Town Center. The proposed future land use amendment is consistent with the following objectives and policies from the Future Land Use Element of the Comprehensive Plan: I. Policy 1.8.2: Enclaves. Annex all enclaves, where feasible, in order to reduce land use conflicts and provide efficient public service. 2. Policy 2.2.4:Mixed Uses. Permit a variety of mixed uses consistent, compatible, and in harmony with the Town Center Goal and the Town Center District Code, including single family residential, multiple family residential, commercial retail and services, public services and buildings, parks, and schools, through the enactment of creative and flexible land development regulations. (Ord. 2012-05) FINDINGS: I. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. 4. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from Seminole County "Suburban Estate (SE)" to City of Winter Springs "Town Center", will provide additional taxable value to the City. The subject property is compatible with existing single and multi-family residential development. Should the property be further subdivided in the future, additional residential lots would provide an increase to the City's tax base. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also August 6, 2014 Public Hearing Agenda Item 503 Page 19 posted outside City Hall; posted inside City Hall with additional copies available for the general public. Adjacent property owners have been notified by US mail and a yellow sign noting the date and time of the public hearing has been erected on the property. STAFF RECOMMENDATION: Staff recommends that the Local Planning Agency/Planning & Zoning Board hold a Public Hearing and make two (2) separate motions as follows: A. Forward a recommendation of approval for Ordinance 2014-16, which proposes a Small-Scale Future Land Use Map Amendment for 1.03 acres of property located at 1192 Orange Avenue. B. Forward a recommendation of approval for Ordinance 2014-17, which proposes a Rezoning for approximately 1.03 acres of property located at 1192 Orange Avenue. ATTACHMENTS: A. Location Map B. Ordinance 2014-16 C. Ordinance 2014-17 D. Legal Description E. Advertisement, Orlando Sentinel—July 24, 2014 • !� + j SUBJECT PROPERTY 11?y�PnK�phri J ��' , _ y ■� � 'ra,x.mob_* , S r• ' I ' 4 � ATTACHMENT "B" ORDINANCE NO. 2014-16 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 FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 1.03 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 1192 ORANGE AVENUE, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM SEMINOLE COUNTY "SUBURBAN ESTATE" 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. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; and WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on August 6, 2014, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation,hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: City of Winter Springs Ordinance No.2014-16 Pagel of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, formerly known as the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the designation of the real property legally described and depicted on Exhibit "A" from Seminole County "Suburban Estate" to City of Winter Springs "Town Center". Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause,phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (3 1) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs City of Winter Springs Ordinance No. 2014-16 Page 2 of 3 Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of 12014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2014-16 Page 3 of 3 EXHIBIT"A" DESCRIPTION: (PARCEL"A") �6- 3' THE EAST 151.00 FEET OF THE SOUTH 230.00 BEEF TOGETHER•MTH WE EAST 20.0a GF THAT PORTION LYING NORTH OF THE ° o€�#e SOUTH 230.00 FEET OF THE ABOVE DEBCRI—PROPERTY AND SOUTH OF THE NORTIERLY LINE OF, ,� V rc o� WE SOUTH M17 FEET OF THE ABOVE GESCRIBEO PROPERTY AND THE EASE 25.00.FEET aF THAT PORTION LYING Uo _,,w €N (1 NORTH OF THE NORTHERLY ONE.1 WE SOUTH 63&1J FEET OF THE FOLLOWING DESCRIBED PROPERTY. O <w¢,I Cl THE WESTERLY iW FEET OF THE EASTERLY 175 FEET OF LOT 4.BLOCK 9,D.R,VAITCHEL'I'S SURVEY OF THE LEVY GRANT - i g 3t m w�a `@ z o ON LAKE—UP,ACCORDING TO WE—THEREOF,AS RECORDED IN PLAT BOCK 1,PAGE 5,OF WC PUBLIC—ONUS 3p �i� E�zS F. `Y OF SFJ.N.—COUNTY,FLORIDA.AND THE WESTERLY 71 FEET OF WE EASTERLY 246 FEET OF LOT 0.BLOCK R G.R. 5 i MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE,ESSUP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 5,OF THE PUBLIC RECORDS OF SEAINCLE COUNTY,FLORIDA. - l✓3{ C CONTANING 1.03 ACRES.MORE OR LESS U� amw DESCRIPTION: (PARCEL'B") o me�l=�sls's a6 THE WESTERLY 100 FEET OF WE EASTERLY"S FFET OF LOT 4,BLOCK B.O.R.MITCHELL'S SURVEY OF THE LENY GRANT �C, y�w �� 4o g`o_ ON LAKE JESAIP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT B001t 1.PAGE 5,OF WE PUBLIC RECORDS i s �N;��U.. ° �uS LLO OF SEMINOIE COUNTY,FLORIDA,AND THE WE—T Y 71 FEET OF THE EASTERLY 246 FEET OF LOT 4,BLOCK B,D.R. €� g € ��z°5pa fS MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE.BSSUP.ACCORDING TO TIE PLAT THEREOF,AS RECORDED IN v.v F PLAT BOOK 1,PAGE 5,OF THE PUBLIC RE OF SEMINCLE COUNTY,FLORID0. g� �$ N .1 a a a 1SE THE EAST 151.00 FEET OF THE SOUTH 230.00 FEET TOGETHER--THE EAST 20.00 OF THAT PORTION LYING NORTH OF THE Q u�ry u 'gaff SOUTH 230.00 FEET OF THE ABOVE DESCRIBED PROPERTY AND SOUTH OF THE NORTHL73Y LINE OF. Ell o j r w s'=ate THE SOUTH NORTH OF 17 FEET Of THE ABOVE OF S PROPERTY AND EE Tit EAST ABOVE FEET IS THAT PORTION LYING Z� _¢m ° '° NORTH OF THE NORTIEiRLY LINE OF TIE SOUTH ACRES FEET OF THE ABOVE GES(RIBED PROPERtt. o CONTAINING 1.69 ACRES MORE OR LESS �Z6 wz 1° g88 13 6= 9 �� o Roo si 0 w REMAINDER OF LOT 4 °e - -a4Y 1i-mho° __ $02-�2•D2• E BLOCK B-NOT INCLUDED 7�0' t (M) B1J r Q e �� o Zo� �5022'O2'E wn N0408272vW 9 m W � W y �. B� $ �o6j �FwLL� 70* ,<m - owmme�w r ^o ' w Z Q WLY 100',ELY 175 OF m- LOT 4,BLOCK B > �a� n°$ CL _ �s -------_____-_ __________________________ z ____i_________ P Q p .00 a N MBJJO�wo � - 1 N�� qo. y. h - to LJ.I r WLY 7T',E'LY 246'OF - 230.07 °eF — (, a Qz w a 93 1 YS LOT 4,BLOCK B �- ? ,. j I N 0272'02°W Q ° N 0212'02'.W 684't (M) Q ME E9� off Y REMAINDER OF LOT 4 g°`" zF 'S° s�V BLOCK B-NOT INCLUDED II do c ATTACHMENT"C" ORDINANCE NO.2014-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.03 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 1192 ORANGE AVENUE, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM SEMINOLE COUNTY "A-1 AGRICULTURE DISTRICT"TO WINTER SPRINGS"TOWN CENTER DISTRICT— TRANSECT T3 (SUBURBAN ZONE)"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City Commission is granted the authority,under Section 2(b),Article VIII,of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs has recommended approval of this Ordinance at their August 6,2014 meeting; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff,citizens,and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs,Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs, as described in City of Winter Springs Code Section 20-102, is hereby amended to to include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County "A-1 Agriculture District" to Winter Springs "Town Center District —Transect T3 (Suburban Zone)." Exhibit"A"is attached hereto and fully incorporated herein by this reference. City of Winter Springs Ordinance No.2014-17 Page 1 of 2 Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County,Florida. This Ordinance shall run with the land. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate,distinct and independent provision,and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2014-16 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-16 does not become effective,then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of 12014. 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 First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No.2014-17 Page 2 of 2 EXHIBIT"A" DESCRIPTION: (PARCEL"A") �6- 3' THE EAST 151.00 FEET OF THE SOUTH 230.00 BEEF TOGETHER•MTH WE EAST 20.0a GF THAT PORTION LYING NORTH OF THE ° o€�#e SOUTH 230.00 FEET OF THE ABOVE DEBCRI—PROPERTY AND SOUTH OF THE NORTIERLY LINE OF, ,� V rc o� WE SOUTH M17 FEET OF THE ABOVE GESCRIBEO PROPERTY AND THE EASE 25.00.FEET aF THAT PORTION LYING Uo _,,w €N (1 NORTH OF THE NORTHERLY ONE.1 WE SOUTH 63&1J FEET OF THE FOLLOWING DESCRIBED PROPERTY. O <w¢,I Cl THE WESTERLY iW FEET OF THE EASTERLY 175 FEET OF LOT 4.BLOCK 9,D.R,VAITCHEL'I'S SURVEY OF THE LEVY GRANT - i g 3t m w�a `@ z o ON LAKE—UP,ACCORDING TO WE—THEREOF,AS RECORDED IN PLAT BOCK 1,PAGE 5,OF WC PUBLIC—ONUS 3p �i� E�zS F. `Y OF SFJ.N.—COUNTY,FLORIDA.AND THE WESTERLY 71 FEET OF WE EASTERLY 246 FEET OF LOT 0.BLOCK R G.R. 5 i MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE,ESSUP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 5,OF THE PUBLIC RECORDS OF SEAINCLE COUNTY,FLORIDA. - l✓3{ C CONTANING 1.03 ACRES.MORE OR LESS U� amw DESCRIPTION: (PARCEL'B") o me�l=�sls's a6 THE WESTERLY 100 FEET OF WE EASTERLY"S FFET OF LOT 4,BLOCK B.O.R.MITCHELL'S SURVEY OF THE LENY GRANT �C, y�w �� 4o g`o_ ON LAKE JESAIP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT B001t 1.PAGE 5,OF WE PUBLIC RECORDS i s �N;��U.. ° �uS LLO OF SEMINOIE COUNTY,FLORIDA,AND THE WE—T Y 71 FEET OF THE EASTERLY 246 FEET OF LOT 4,BLOCK B,D.R. €� g € ��z°5pa fS MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE.BSSUP.ACCORDING TO TIE PLAT THEREOF,AS RECORDED IN v.v F PLAT BOOK 1,PAGE 5,OF THE PUBLIC RE OF SEMINCLE COUNTY,FLORID0. g� �$ N .1 a a a 1SE THE EAST 151.00 FEET OF THE SOUTH 230.00 FEET TOGETHER--THE EAST 20.00 OF THAT PORTION LYING NORTH OF THE Q u�ry u 'gaff SOUTH 230.00 FEET OF THE ABOVE DESCRIBED PROPERTY AND SOUTH OF THE NORTHL73Y LINE OF. Ell o j r w s'=ate THE SOUTH NORTH OF 17 FEET Of THE ABOVE OF S PROPERTY AND EE Tit EAST ABOVE FEET IS THAT PORTION LYING Z� _¢m ° '° NORTH OF THE NORTIEiRLY LINE OF TIE SOUTH ACRES FEET OF THE ABOVE GES(RIBED PROPERtt. o CONTAINING 1.69 ACRES MORE OR LESS �Z6 wz 1° g88 13 6= 9 �� o Roo si 0 w REMAINDER OF LOT 4 °e - -a4Y 1i-mho° __ $02-�2•D2• E BLOCK B-NOT INCLUDED 7�0' t (M) B1J r Q e �� o Zo� �5022'O2'E wn N0408272vW 9 m W � W y �. B� $ �o6j �FwLL� 70* ,<m - owmme�w r ^o ' w Z Q WLY 100',ELY 175 OF m- LOT 4,BLOCK B > �a� n°$ CL _ �s -------_____-_ __________________________ z ____i_________ P Q p .00 a N MBJJO�wo � - 1 N�� qo. y. h - to LJ.I r WLY 7T',E'LY 246'OF - 230.07 °eF — (, a Qz w a 93 1 YS LOT 4,BLOCK B �- ? ,. j I N 0272'02°W Q ° N 0212'02'.W 684't (M) Q ME E9� off Y REMAINDER OF LOT 4 g°`" zF 'S° s�V BLOCK B-NOT INCLUDED II do c ATTACHMENT'D" DESCRIPTION: (PARCEL"A") �6- 3' THE EAST 151.00 FEET OF THE SOUTH 230.00 BEEF TOGETHER•MTH WE EAST 20.0a GF THAT PORTION LYING NORTH OF THE ° o€�#e SOUTH 230.00 FEET OF THE ABOVE DEBCRI—PROPERTY AND SOUTH OF THE NORTIERLY LINE OF, ,� V rc o� WE SOUTH M17 FEET OF THE ABOVE GESCRIBEO PROPERTY AND THE EASE 25.00.FEET aF THAT PORTION LYING Uo _,,w €N (1 NORTH OF THE NORTHERLY ONE.1 WE SOUTH 63&1J FEET OF THE FOLLOWING DESCRIBED PROPERTY. O <w¢,I Cl THE WESTERLY iW FEET OF THE EASTERLY 175 FEET OF LOT 4.BLOCK 9,D.R,VAITCHEL'I'S SURVEY OF THE LEVY GRANT - i g 3t m w�a `@ z o ON LAKE—UP,ACCORDING TO WE—THEREOF,AS RECORDED IN PLAT BOCK 1,PAGE 5,OF WC PUBLIC—ONUS 3p �i� E�zS F. `Y OF SFJ.N.—COUNTY,FLORIDA.AND THE WESTERLY 71 FEET OF WE EASTERLY 246 FEET OF LOT 0.BLOCK R G.R. 5 i MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE,ESSUP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 5,OF THE PUBLIC RECORDS OF SEAINCLE COUNTY,FLORIDA. - l✓3{ C CONTANING 1.03 ACRES.MORE OR LESS U� amw DESCRIPTION: (PARCEL'B") o me�l=�sls's a6 THE WESTERLY 100 FEET OF WE EASTERLY"S FFET OF LOT 4,BLOCK B.O.R.MITCHELL'S SURVEY OF THE LENY GRANT �C, y�w �� 4o g`o_ ON LAKE JESAIP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT B001t 1.PAGE 5,OF WE PUBLIC RECORDS i s �N;��U.. ° �uS LLO OF SEMINOIE COUNTY,FLORIDA,AND THE WE—T Y 71 FEET OF THE EASTERLY 246 FEET OF LOT 4,BLOCK B,D.R. €� g € ��z°5pa fS MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE.BSSUP.ACCORDING TO TIE PLAT THEREOF,AS RECORDED IN v.v F PLAT BOOK 1,PAGE 5,OF THE PUBLIC RE OF SEMINCLE COUNTY,FLORID0. g� �$ N .1 a a a 1SE THE EAST 151.00 FEET OF THE SOUTH 230.00 FEET TOGETHER--THE EAST 20.00 OF THAT PORTION LYING NORTH OF THE Q u�ry u 'gaff SOUTH 230.00 FEET OF THE ABOVE DESCRIBED PROPERTY AND SOUTH OF THE NORTHL73Y LINE OF. Ell o j r w s'=ate THE SOUTH NORTH OF 17 FEET Of THE ABOVE OF S PROPERTY AND EE Tit EAST ABOVE FEET IS THAT PORTION LYING Z� _¢m ° '° NORTH OF THE NORTIEiRLY LINE OF TIE SOUTH ACRES FEET OF THE ABOVE GES(RIBED PROPERtt. o CONTAINING 1.69 ACRES MORE OR LESS �Z6 wz 1° g88 13 6= 9 �� o Roo si 0 w REMAINDER OF LOT 4 °e - -a4Y 1i-mho° __ $02-�2•D2• E BLOCK B-NOT INCLUDED 7�0' t (M) B1J r Q e �� o Zo� �5022'O2'E wn N0408272vW 9 m W � W y �. 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