HomeMy WebLinkAbout2014 08 25 Public Hearing 503 First Readings Ordinances 2014-16 & 17, Meier Property Futuer Land Use and Rezoning COMMISSION AGENDA
Informational
Consent
ITEM 503
Public Hearings X
Regular
August 25,2014 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department — Planning Division requests that the City
Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future
Land Use Map Amendment and Rezoning for approximately 1.03 acres of property located
at 1192 Orange Avenue as described within Ordinances 2014-16 and 2014-17.
SYNOPSIS:
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.
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 the future
Public Hearings 503 PAGE 1 OF 8-August 25,2014
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.
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...
(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.
PARCEL
Property Addresses: 1192 Orange Avenue
Public Hearings 503 PAGE 2 OF 8-August 25,2014
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.
Existing Land Uses Zoning Future Land Use
Subject Properties Existing Single- Seminole County Seminole County
—Familv Residence Agriculture A-1 Suburban Estate SE
North Lake Jesup /A /A
South Jesups Landing City of Winter City of Winter
Springs Springs
Town Center T-4 Town Center
East Vacant Property Seminole County Seminole County
Single-Family R-1 Suburban Estate SE
West Existing Single- City of Winter City of Winter
Family Residence Springs Springs
Town Center(T-3) Town Center
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.
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:
Public Hearings 503 PAGE 3 OF 8-August 25,2014
(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)."
(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 Jesups 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.
Public Hearings 503 PAGE 4 OF 8-August 25,2014
Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any letters
or phone calls in favor of or in opposition to this proposal.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Designation - 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.
Public Hearings 503 PAGE 5 OF 8-August 25,2014
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:
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:
ale 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
Public Hearings 503 PAGE 6 OF 8-August 25,2014
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:
1. Policy 1.8.2: Enclaves. Annex all enclaves, where feasible, in order to reduce land use
conflicts and provide efficient public service.
1. 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:
1. The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan.
2. The request is in conformance with the purpose and intent of the City Code and with
all applicable requirements.
3. Considering the type and location of uses involved and the general character of the area,the change of the FLUM
designation will not result in any incompatible land uses,including such factors as height,bulk, scale, intensity,
traffic,noise,drainage,dust,lighting,appearance,and other factors deemed important.
4. The request is consistent with Florida Statute Chapter 163,Part 11,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:
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.
Adjacent property owners have been notified by US mail and a yellow sign noting the date
and time of the public hearing has been erected on the property.
RECOMMENDATION:
The Community Development Department — Planning Division and the Planning and
Zoning Board/LPA requests that the City Commission hold a Public Hearing to consider
First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for
approximately 1.03 acres of property located at 1192 Orange Avenue as described within
Public Hearings 503 PAGE 7 OF 8-August 25,2014
Ordinances 2014-16 and 2014-17.
ATTACIMENTS:
A. Location Map
B. Ordinance 2014-16
C. Ordinance 2014-17
D. Legal Description
E. Advertisement, Orlando Sentinel—July 24, 2014
F. Draft Minutes - August 6, 2014 Planning& Zoning Board
Public Hearings 503 PAGE 8 OF 8-August 25,2014
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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
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_¢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
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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
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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
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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 ��
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fS MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE.BSSUP.ACCORDING TO TIE PLAT THEREOF,AS RECORDED IN
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY :
REGULAR MEETING '
AUGUST 6,2014
CALL TO ORDER
The Regular Meeting of Wednesday, August 6, 2014 of the Planning And Zoning Lim
do
Board/Local Planning Agency was called to Order at 5:37 p.m. by Chairperson Bob
Henderson in the Commission Chambers of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 32708). ix
Lj
Roll Call:
Chairperson Bob Henderson, present
Vice-Chairperson Howard Casman, present
Board Member Sarah Miller,present
Board Member Bart Phillips,present
Board Member Suzanne Walker,present
City Clerk Andrea Lorenzo-Luaces, present
Assistant to the City Clerk, Antonia Della Donna,present
A moment of silence was followed by the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Not Used
INFORMATIONAL AGENDA
INFORMATIONAL
200. Not Used
PUBLIC INPUT
Chairperson Henderson opened "Public Input".
No one addressed the Planning and Zoning Board/Local Planning Agency.
Chairperson Henderson closed "Public Input".
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING-AUGUST 6,2014
PAGE 2 OF 9
CONSENT AGENDA
CONSENT
300. Office Of The City Clerk
The Office Of The City Clerk Requests That The Planning And Zoning Board/Local
Planning Agency Review And Approve The Wednesday, July 2, 2014 Planning And
Zoning Board/Local Planning Agency Regular Meeting Minutes.
"I MAKE A MOTION WE APPROVE THE MINUTES OF THE LAST
MEETING." MOTION BY VICE-CHAIRPERSON GASMAN. SECONDED BY
BOARD MEMBER WALKER. DISCUSSION.
VOTE:
BOARD MEMBER WALKER: AYE
VICE-CHAIRPERSON CASMAN: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER MILLER: AYE
MOTION CARRIED.
400. REPORTS
No Reports were given.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department—Planning Division
The Community Development Department — Planning Division Requests That The
Planning And Zoning Board Hold A Public Hearing To Consider Ordinance 2014-
18, Proposing To Annex One Parcel, Which Is Approximately 1.16 Acres III Size,
And Is Located At 1244 Orange Avenue.
Mr. Bobby Howell, AICP, Planner, Community Development Department presented the
Agenda Item for consideration.
Chairperson Henderson opened "Public Input".
No one spoke.
Chairperson Henderson closed "Public Input".
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING-AUGUST b,2014
PAGE 3 OF 9
"MOTION TO APPROVE ITEM `500'." MOTION BY BOARD MEMBER
PHILLIPS. SECONDED. DISCUSSION.
VOTE:
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER WALKER: AYE
BOARD MEMBER PHILLIPS: AYE IBM
BOARD MEMBER MILLER: AYE
VICE-CHAIRPERSON CASMAN: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department--Planning Division
The Community Development Department — Planning Division Requests The
Planning And Zoning Board Hold A Public Hearing To Consider 1) Ordinance
2014-19, A Small-Scale Future Land Use Map Amendment Which Proposes To
Change The Future Land Use Map Designation On One Parcel Totaling
Approximately 1.16 Acres In Size, Located At 1244 Orange Avenue From Seminole
County "Low Density Residential" To City Of Winter Springs "Town Center", And
2) Ordinance 2014-20, Which Proposes To Rezone One Parcel Totaling
Approximately 1.16 Acres, Generally Located At 1244 Orange Avenue From
Seminole County R-1 (Single-Family Dwelling District) To City Of Winter Springs
Town Center T3 (Suburban Zone).
Mr. Howell introduced this Agenda Item to the Planning and Zoning Board/Local
Planning Agency Members.
Discussion followed on transects and the Town Center District Code with comments on
`T3 (Suburban Zone)' to which Mr. Howell explained that "`T3 (Suburban Zone)' allows
a multitude of uses, its' suburban, it does permit single-family however — the Town
Center Code has a whole bunch of uses, so you could run an office out of a home, you
could do some type of low-intensity type thing, commercial use." Additional comments
followed on what the further intent of the future intent of the property owner, and Mr.
Howell stated, "According to the Applicant, basically there's a single-family home on the
property; they're either going to tear it down or expand it and just live on the property;
they're going to use it as a single-family residence,"
Further discussion followed on the intent of the Applicant, and the Zoning designation.
Board Member Suzanne Walker asked if the Applicant had other plans that could
potentially reflect negatively.
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING-AUGUST 6,2014
PAGE 4 OF 9
Mr. Howell remarked, "Everything that the Applicant has told us is their intention is to
use the property as a single-family residence. The Town Center District Cade does
permit somebody to create what's called an accessory dwelling unit by right; it can go up
to 800 square feet. What they do in the future, I can't answer that, but what they've
indicated to us is its going to be used as a single-family residence."
Board Member Walker then inquired, "It is your understanding that their intent is to stay
within what is currently permitted for the City of Winter Springs?" Mr. Howell replied,
"Yes, Ma'am."
Vice-Chairperson Howard Casman commented that the Applicant could potentially do 4
something else with the property and asked if there were any objections from neighbors.
Mr. Howell addressed Vice-Chairperson Casman's comments and stated, "Not that 1
know o£ The property has been posted with a giant yellow sign; it has been advertised in
the Orlando Sentinel; this Public Hearing has been advertised as well as the two (2) City
Commission Hearings that will be coming forward. We've received no objections."
Chairperson Henderson opened "Public Input".
Mr. Christian Sarna, 360 Michael Blake Boulevard, Winter Springs, Florida: asked for
clarification about the exact parcel that is in question.
Further comments ensued on City Zoning Laws rather than Seminole County Zoning
Laws, and that there is currently a single-family home located on the parcel.
Mr. Randy Stevenson, ASLA, A1CP, Director, Community Development Department
discussed the potential Uses in the Town Center District Code and added, "Staff is
looking to protect the character of the neighborhood and it has been indicated to us from
the Applicant that they propose to use this as a single-family dwelling."
Mr. Mike McCoy, 216 Torcaso Court, Winter Springs, Florida: stated that he has been a
resident of Winter Springs for thirteen (13) years and remarked, "We love the view—it's
all about the view — we're not going to put anything there but a house, it's going to be
single-family."
Mr. McCoy then said, "We're not going to be putting any businesses or anything like
that. That's the purpose. That's sincere." Mr. McCoy also noted that "Staff has been
great to work with."
Board Member Bart Phillips commented on the surrounding area being "T3 (Suburban
Zone)"which was confirmed by Mr. Howell.
Chairperson Henderson closed "Public Input".
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING-AUGUST 6,2014
PAGE 5 OF 9
"I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER
WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION.
VOTE:
VICE-CHAIRPERSON GASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER MILLER: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER WALKER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department--Planning Division
The Community Development Department — Planning Division Requests That The
Local Planning Agency Hold A Public Hearing To Consider Ordinance 2014-15,
Which Proposes To Annex Approximately 1.03 Acres Of Property Located At 1192
Orange Avenue.
Mr. Randy Woodruff, A1CP, Senior Planner, Community Development Department
presented the Agenda Item.
Chairperson Henderson opened "Public Input".
No one spoke.
Chairperson Henderson closed "Public Input".
"I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER
WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION.
VOTE:
BOARD MEMBER MILLER: AYE
CHAIRPERSON HENDERSON: AYE
VICE-CHAIRPERSON CASMAN: AYE
BOARD MEMBER WALKER: AYE
BOARD MEMBER PHILLIPS: AYE
MOTION CARRIED.
_3
CITY OF WINTER SPRINGS,FLORIDA �L
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING—AUGUST b,2014 �z
PAGE b OF 9 a
.v.
PUBLIC HEARINGS y
503. Community Development Department—Planning Division
The Community Development Department — Planning Division Requests That The
Local Planning Agency/Planning & Zoning Board Hold A Public Hearing To y'
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 LLI
Described Within Ordinances 2014-16 And 2014-17.
The discussion on this Agenda Item began with brief comments from Mr. Woodruff.
Chairperson Henderson opened "Public Input".
No one addressed the Planning and Zoning Board/Local Planning Agency.
Chairperson Henderson closed "Public Input".
"I MAKE A MOTION THAT WE APPROVE `A.', FORWARD
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."
MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD
MEMBER PHILLIPS. DISCUSSION.
VOTE:
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER MILLER: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER WALKER: AYE
VICE-CHAIRPERSON CASMAN: AYE
MOTION CARRIED.
"I MAKE A MOTION ON PART `B.', WE SHOULD A FORWARD
RECOMMENDATION OF APPROVAL FOR ORDINANCE 2014-17, WHICH
PROPOSES A REZONING FOR APPROXIMATELY 1.03 ACRES OF
PROPERTY LOCATED AT 1192 ORANGE AVE." MOTION BY VICE-
CHAIRPERSON CASMAN. SECONDED BY CHAIRPERSON HENDERSON.
DISCUSSION.
VOTE:
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER PHILLIPS: AYE
VICE-CHAIRPERSON CASMAN: AYE
BOARD MEMBER MILLER: AYE
BOARD MEMBER WALKER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING--AUGUST 6,2014
PAGE 7 OF 9
PUBLIC HEARINGS
504. Community Development Department—Planning Division
The Community Development Department — Planning Division Requests That The
Local Planning Agency Review The Preliminary Five-Year Capital Improvements
Program For FY 2014/2015 Through FY 2018/2019 Via Ordinance 2014-14.
Mr. Woodruff introduced this Agenda Item for discussion.
Chairperson Henderson spoke about the Capital Improvements Program and that it 1s
required by the State of Florida.
Chairperson Henderson opened "Public Input".
No one spoke.
Chairperson Henderson closed "Public Input".
"I WILL MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER
WALKER. SECONDED BY VICE-CHAIRPERSON CASMAN. DISCUSSION.
VOTE:
VICE-CHAIRPERSON CASMAN: AYE
BOARD MEMBER WALKER: AYE
BOARD MEMBER MILLER: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER PHILLIPS: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Not Used
PUBLIC INPUT
Chairperson Henderson opened "Public Input".
Ms. Colleen Murphy, 684 Fanning Drive, Winter Springs, Florida: commented on the
review process of the proposed "Pollack Shores" project and it possibly going before the
City Commission.
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING-AUGUST 6,2014
PAGE 8 OF 9
Mr. Stevenson addressed Ms. Murphy and the Board and stated, "`Pollack Shores' is a
proposal on the east side of Michael Blake Boulevard, between there and the bridge."
Continuing, Mr. Stevenson noted, "What is going before the Commission on the
September 8t", (2014) Board is a Concept Plan. This is a voluntary thing that does not
involve you. Obviously if the project goes further, it will come back to you in terms of
Engineering and the Final Site Plans and things of that nature. We don't even make a
recommendation at this point. This is a conversational tone between the Developers and
the Commission."
Continuing, Mr. Stevenson mentioned that some people here tonight were from Winter
Springs Village and that "Approximately three (3) years ago, we were fighting for their
project because somebody else didn't like their project."
Mr. Stevenson added, "I was just speaking to the Developer and I'll make this known to
the people in Winter Springs Village as well, we're trying to set up a meeting for
informational purposes on (Thursday), August 21St, (2014) in the evening at seven
o'clock. We will extend an invitation to everyone, including the HOA (Homeowner's
Association) President over there, the HOA (Homeowner's Association) officers, and
anyone else who is interested — we'll put that on our website—but we are setting that up
now as a precursor to the September 8t1', (2014) meeting."
Mr. Stevenson explained that this would first be a Concept Plan for the City Commission
to consider and mentioned, "There is a drastic change from what was originally proposed
to what is currently proposed."
Further discussion followed on the Winter Springs Village situation several years ago, the
Winter Springs Town Center and how it was developed, transects, the Trail, the project
recently known as "Grandville" which is now being called "The RiZE", a proposed start
date for construction and some of the project details.
Discussion ensued on the new "The RiZE" project, and Board Member Walker asked
about the planned landscaping. Mr. Stevenson stated, "It will be landscaped, but in an
urban setting."
With further comments, Mr. Stevenson added, "This roadway back here that has been dirt
for years, will be — paved. The property to the north of it will remain undeveloped
because that's part of the—open space of the Town Center."
Chairperson Henderson closed "Public Input".
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING—AUGUST 6,2014
PAGE 9 OF 4
ADJOURNMENT
Chairperson Henderson adjourned the Regular Meeting at 6:15 p.m.
.,
ax
Cl
RESPECTFULLY SUBMITTED:
ANTONIA DELLA DONNA, ASSISTANT TO THE CITY CLERK AND
ANDREA LORENZO-LUACES
CITY CLERK
APPROVED:
BOB HENDERSON, CHAIRPERSON
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were Approved at the 2014 Planning And Zoning Board/Local Planning Agency
Regular Meeting.