HomeMy WebLinkAbout2014 12 03 Public Hearing 500 - Ordinances 2014-26 & 2014-27, Property at 1379 State Road 434, Future Land Use and Rezoning LOCAL PLANNING AGENCY/PLANNING
AND ZONING BOARD AGENDA
ITEM 500 Consent
Information
Public Hearing X
Regular
December 3, 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 6.25
acres, generally located at 1379 State Road 434 as described within Ordinances 2014-26
and 2014-27.
PURPOSE:
The City of Winter Springs Community Development Department has initiated the request
for a Small Scale Plan Amendment and Rezoning for approximately 6.25 acres, generally
located at 1379 State Road (see Exhibit A - Location Map). Ordinance 2014-26
proposes to change the Future Land Use Map designation from City of Winter Springs
"Greeneway Interchange District (GID)" with a "Conservation Overlay" to City of Winter
Springs "Commercial' with a "Conservation Overlay" (see Exhibit B - Ordinance 2014-
26). Ordinance 2014-27 proposes to rezone the property from City of Winter Springs
"Greeneway Interchange District (GID)" to City of Winter Springs "General Commercial
(C-2)" (see Exhibit C - Ordinance 2014-27).
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
December 3, 2014
Public Hearing Agenda Item 500
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— City of Winter Springs, 1126 E. State Road 434, Winter Springs, Florida
Location— 1379 State Road 434.
Site Information — The 6.25 acre parcel currently has a future land use designation of City
of Winter Springs "Greeneway Interchange District (GID)" with a "Conservation
Overlay". The City has initiated the requested future land use map amendment for said
property to City of Winter Springs "Commercial" with a "Conservation Overlay" in order
to market the property for future commercial and/or office development.
December 3, 2014
Public Hearing Agenda Item 500
Page 13
PARCEL
Property Addresses: 1379 State Road 434
Winter Springs, FL 32708
Property Owners: ARMA INV LP
Applicant Address: City of Winter Springs, 1126 E. State Road
434, Winter Springs, Florida
Property Appraiser Parcel I.D numbers: 04-21-31-300-002A-0000
Property Acreage: Approximately 6.25 acres
Property Legal Descriptions: See 'Exhibit D - Legal Description'
Current Future Land Use: City of Winter Springs "Greeneway
Interchange District (GID)" with a
"Conservation Overlay"
Proposed Future Land Use: City of Winter Springs "Commercial" with a
"Conservation Overlay"
Existing Zoning: City of Winter Springs "Greeneway
Interchange District (GID)"
Proposed Zoning: City of Winter Springs "C-2 (General
Commercial'
Existing Land Uses — The subject property is currently vacant and will be the site for
future commercial/office development. The surrounding area is generally characterized by
the following land use and zoning categories.
Existing Land Uses Zoning Future Land Use
Subject Properties Undeveloped City of Winter Springs City of Winter Springs
Greeneway Interchange Greeneway Interchange District
District(GID) (GID)
North Undeveloped City of Winter Springs City of Winter Springs
No Zoning Conservation&Conservation
Overlay
................................................................................................................................................................................................................................................................................................................................................................................................................................................
South Undeveloped City of Winter Springs City of Winter Springs
Greeneway Interchange Greeneway Interchange District
District(GID) (GID)
................................................................................................................................................................................................................................................................................................................................................................................................................................................
East Vacant Commercial City of Winter Springs City of Winter Springs
Greeneway Interchange Greeneway Interchange District
District GID GID
................................................................................................................................................................................................................................................................................................................................................................................................................................
West SR 417 N/A N/A
December 3, 2014
Public Hearing Agenda Item 500
Page 14
Background - This past year, the City of Winter Springs reviewed the zoning and land use
categories for properties located both northeast and southeast of the intersection of State
Road 417 and State Road 434. The area is primarily a mixed use (residential and
commercial) corridor serving as an entry point to the City of Winter Springs. The subject
properties are currently zoned Greeneway Interchange District (GID) with a Greeneway
Interchange District Future Land Use designation. Initially, the City targeted the GID for
high-tech industry employment centers complemented by ancillary commercial and retail
establishments. This particular corridor presents existing development related challenges,
such as connectivity to adjoining developable properties, buildable acreage, and existing
GID development design parameters. The City has identified a potential opportunity to
encourage economic growth within this corridor. As part of our initial efforts to explore
this opportunity, city staff reached out to each of the current owner/property
representative, in order to discuss potential land use and zoning options which could help
incentivize future development activity within this particular area. Staff is of the opinion
that the administrative Small Scale Plan Amendment will better position the subject
property for future commercial and/or office development activity within this particular
area.
Development Trends — The subject property is undeveloped and located at 1379 State
Road 434 which is part of a mixed use (residential and commercial) corridor. The subject
property abuts State Road 434, which is a major commercial node. This is an area that is
conducive to future commercial and or office development.
REZONING ANALYSIS:
The following summarizes the data and issues which Staff analyzed in reviewing this
application as required by the Code of Ordinances, Section 20-31:
(1) Compliance with Procedural Requirements- The proposed administrative 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 administrative rezoning
change is consistent with the City's Comprehensive Plan and the proposed change will not
have an adverse effect on the Comprehensive Plan.
(3) Consistent with any Master Plan for the property The subject property is currently
vacant and proposed for future commercial/office development.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The
proposed rezoning from City of Winter Springs "Greeneway Interchange District (GID)"
to Winter Springs "General Commercial (C-2)" is appropriate and compatible with the
land use pattern established by the City's Comprehensive Plan. Surrounding properties
have both the City of Winter Springs Future Land Use and Zoning "Greeneway
Interchange District" designation and are simultaneously being administratively rezoned to
"General Commercial" as defined within agenda items 501 and 502 respectfully.
December 3, 2014
Public Hearing Agenda Item 500
Page 15
(5) Does Not Create Spot Zoning- The proposed administrative rezoning does not create
a spot zone, which is prohibited by law. The adjoining properties are being rezoned for
both commercial and/or office development. The proposed zoning designation is
compatible with the surrounding area.
(6) Does Not Materially Alter the Population Density Pattern- The proposed
administrative 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
administrative 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 "General Commercial (C-2)" is compatible with the proposed
"Commercial" Future Land Use Map classification that is proposed via Ordinance 2014-
26.
(9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed administrative
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 administrative 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 administrative 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:
December 3, 2014
Public Hearing Agenda Item 500
Page 16
Justification for Future Land Use Designation - Through Ordinance 2014-26, the
applicant is requesting the City of Winter Springs "Commercial' land use designation on
the 6.25 acre parcel. The requested future land use map designation is designed to
remove existing development related challenges and thereby encourage economic growth
within the State Road 434 corridor east of State Road 417. In addition, the requested
future land use map designation was determined by evaluating the prevailing character of
the immediate area, as well as evaluating the land use and future goals and objectives of
the City.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
The portion of State Road 434 that abuts the subject property contains four (4) lanes at
the State Road 417 intersection and tapers down to two (2) lanes, having one east bound
and one westbound lane as you travel east on State Road 434. Access to the subject
property from State Road 434 may be difficult due to the proximity of the State Road
417/ State Road 434 interchange. Development of the property will require coordination
with FDOT, the permitting agency for driveway connections to State Road 434. The
segment of State Road 434 from State Road 417 to Hammock Lane is near or perhaps
over capacity, and this could impact the ability to develop these properties at the desired
use and/or density. State Road 434 is tentatively programmed by Seminole County to be
widened from two to four lanes within the next ten years; however, this project has not
even started the study phase at this time.
Availability of Access:
Future commercial/office development will have direct access to State Road 434. Use of
cross access between parcels may be necessary.
Function Classification:
State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando
to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within
this portion of the City of Winter Springs, State Road 434 is a four-lane roadway tapering
to two-lanes immediately east of the subject property. According to the City's
Comprehensive Plan, the level of service (LOS) on this portion of State Road 434 is "B".
The proposed amendment is not anticipated to affect the adopted LOS standards on the
adjacent roadways.
POTABLE WATER:
The City has water and sewer services available to serve the subject property. The water
service consists of an existing 12-inch water main along the north side of State Road 434.
Sewer service consists of a 6-inch force main along the south side of State Road 434.
WASTEWATER
The City has an existing 6-inch force main along the south side of State Road 434.
December 3, 2014
Public Hearing Agenda Item 500
Page 17
RECLAIMED WATER:
Facilities serving the subject property: None currently.
ELECTRIC SERVICE:
Facilities serving the subject property: None currently. The City of Winter Springs is
serviced by Duke Energy for electric service. A future land use change will not impact
current electric rates.
SOLID WASTE:
Facilities serving the subject property: None currently. The City of Winter Springs
currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private
solid waste contractor who will provide service to this area.
STORMWATER MANAGEMENT:
Facilities serving the parcels: None currently. Upon development, the site will be required
to provide on-site stormwater management in accordance with all applicable St. John's
River Water Management District (SJRWMD) criteria.
POLICE:
The City of Winter Springs is responsible for police protection. The station closest in
proximity to the subject property is located at 300 N. Moss Road. Response times are
averaged monthly.
FIRE:
Seminole County is responsible for fire protection. City of Oviedo Fire Station 44, located
at 42 Central Avenue South, Oviedo, 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 City of Winter Springs "Greeneway Interchange District
(GID)" to City of Winter Springs "General Commercial" with a "Conservation Overlay"
will not result in any nuisance potential for the surrounding properties because future
commercial development would be compatible with the "General Commercial" future land
use designation, and the subject property is within a mixed use (residential and
commercial) corridor.
NATURAL RESOURCES COMPATIBILITY:
The subject property presently includes a "Conservation Overlay" on the northern portion
of the property. Because there is a conservation overlay on a portion of the property, staff
relies on the Environmental Impact Study during the development review process. The
required Environmental Impact Study will accompany the application for future
development.
December 3, 2014
Public Hearing Agenda Item 500
Page 18
SOILS
According to the "Soil Survey of Seminole County, Florida" (published by the United
States Department of Agriculture, Soil Conservation Service, in cooperation with the
University of Florida, 1990), there are two (2) predominant soil types within the property
boundary:
Myakka-EauGallie Fine Sands - Nearly level, poorly drained soils that are sandy
throughout or have a loamy subsoil at a depth of about 40 inches or more and areas of
Urban land.
Basinger & Smryna Find Sands - Nearly level, poorly drained and very poorly drained
soils that are sandy throughout or have a loamy subsoil at a depth of about 50 inches.
(see Exhibit E - Soils Map).
FLOOD PRONE AREAS
The property is located entirely in Flood Zone "Y', which is outside of the 100-year
floodplain, according to the FEMA Flood Insurance Rate Map (see Exhibit F - Flood
Zone Map) .
HISTORIC RESOURCES
No known historical resources are located on the subject property or within the vicinity of
the subject property.
WILDLIFE
An Environmental Assessment Report will be required to be submitted and approved by
the City during an application for future development.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
Per the Comprehensive Plan, the Commercial future land use category permits up to a
maximum 0.5 floor area ratio (FAR). This commercial category is used by a variety of
commercial operations which serve the commercial needs of the community. This district
is intended for lands adjacent to or easily serviced by collector and major arterial roads
adaptable to higher traffic generating commercial uses.
The proposed future land use amendment is consistent with the following objectives and
policies from the Future Land Use Element of the Comprehensive Plan:
1. Policy 1.3.4 - requires the City to support proposed future land use map
amendments with data and analysis demonstrating that adequate water supplies
December 3, 2014
Public Hearing Agenda Item 500
Page 19
and associated public facilities will be available to meet the projected growth
demands.
2. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate
adjacent to arterial roads and mass transit systems.
3. Policy 1.7.1 - requires the City to consider existing and proposed land uses in
adjacent jurisdictions when reviewing proposed land use amendments.
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan.
2. The request is in conformance with the purpose and intent of the City Code and
with all applicable requirements.
3. Considering the type and location of uses involved and the general character of the
area, the change of the FLUM designation will not result in any incompatible land
uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage,
dust, lighting, appearance, and other factors deemed important.
4. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida
Statutes.
FISCAL IMPACT:
The proposed Small-Scale future land use amendment, which re-designates the property
from City of Winter Springs "Greeneway Interchange District (GID)" with a
"Conservation Overlay" to Winter Springs "Commercial" with a "Conservation Overlay",
will increase the possibility of additional taxable value to the City. Staff is of the opinion
that the administrative Small Scale Plan Amendment will increase the probability of future
commercial and/or office development activity within this particular area.
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
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. The
proposed Ordinances were advertised in the Orlando Sentinel on November 20, 2014 as
depicted in Attachment H.
December 3, 2014
Public Hearing Agenda Item 500
Page 110
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 2014-26, which proposes a
Small-Scale Future Land Use Map Amendment for approximately 6.25 acres,
generally located at 1379 State Road 434.
B. Forward a recommendation of approval for Ordinance 2014-27, which proposes a
Rezoning for approximately 6.25 acres, generally located at 1379 State Road 434.
EXHIBITS:
A. Location Map
B. Ordinance 2014-26
C. Ordinance 2014-27
D. Legal Description
E. Soils Map
F. Flood Zone Map
G. Surrounding Future Land Use & Zoning Designations
H. Advertisement, Orlando Sentinel—November 20, 2014
ATTACHMENT "A"
LOCATION MAP
SUBJECT PROPERTY
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ATTACHMENT"B"
ORDINANCE NO. 2014-26
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 6.25 TOTAL
ACRES, MORE OR LESS, GENERALLY LOCATED AT
1379 STATE ROAD 434,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 "GREENEWAY
INTERCHANGE DISTRICT" TO "COMMERCIAL";
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE COMPREHENSIVE PLAN;
SEVERABILITY,AND AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMENT.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small
scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1), Florida Statutes; and
WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on December 3, 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.
City of Winter Springs
Ordinance No.2014-26
Pagel of 3
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Community Planning Act, formerly known as the Local Government Comprehensive
Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of
the City of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of
Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the
designation of the real property legally described and depicted on Exhibit "A" from Greeneway
Interchange District Future Land Use to "Commercial Future Land Use. 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,
City of Winter Springs
Ordinance No. 2014-26
Page 2 of 3
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
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 26th day of January, 2015.
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
Legal Ad: November 20, 2014
First Reading: January 12, 2015
Second Reading: January 26, 2015
City of Winter Springs
Ordinance No. 2014-26
Page 3 of 3
EXHIBIT"A"
LOCATION MAP
SUBJECT PROPERTY
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ID
ID ;.
LEGAL DESCRIPTION
ARMA INV. LP
LEG SEC 04 TWP 21S RGE 3 1 E W 1/2 OF SW 1/4 N OF ST RD 419
& E OF EXPRESSWAY
ATTACHMENT"C"
ORDINANCE NO.2014-27
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 WITHIN THE CITY OF
WINTER SPRINGS TOTALING 6.25 TOTAL ACRES, MORE OR
LESS, GENERALLY LOCATED AT 1379 STATE ROAD 434,
WINTER SPRINGS, SAID PARCEL BEING MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING
DESIGNATION OF THE PARCEL FROM "GREENEWAY
INTERCHANGE ZONING DISTRICT" ("GID") TO "GENERAL
COMMERCIAL DISTRICT" ("C-2"); 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 December 3,2014 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 include a
change of classification for the property legally described and depicted on Exhibit "A" from"Greeneway
Interchange Zoning District" ("GID") to "General Commercial" ("C-2"). Exhibit "A" is attached hereto
and fully incorporated herein by this reference.
City of Winter Springs
Ordinance No.2014-27
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. 2014-26 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-26 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 26th day of January,2015.
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
Legal Ad: November 20, 2014
First Reading: January 12, 2015
Second Reading: January 26, 2015
City of Winter Springs
Ordinance No.2014-27
Page 2 of 2
EXHIBIT"A"
LOCATION MAP
SUBJECT PROPERTY
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ID ;.
LEGAL DESCRIPTION
ARMA INV. LP
LEG SEC 04 TWP 21S RGE 3 1 E W 1/2 OF SW 1/4 N OF ST RD 419
& E OF EXPRESSWAY
ATTACHMENT D - LEGAL DESCRIPTION
ARMA INV. LP
LEG SEC 04 TWP 21S RGE 3 1 E W 1/2 OF SW 1/4 N OF ST RD 419
& E OF EXPRESSWAY
EXHIBIT E - SOILS MAP
9ASINGER 3AhcSU W fl Ill SOILS-CEPREsaIONAI.
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SUBJECT PROPERTY
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The Seminole County Property Appraiser makes every effort to �c'1V IGI .JQhIISOI"1 i�iFJ�
produce and publish the most current and accurate information
possible warranties,expressed implied,are provided for PROPS
the data herein,its use,or its interpretation.ation.The assessment
maps are NOT certified maps and therefore are subject to ���,��
change.
SEMINOLE COUNTY; FLORIDA Printed:Oct 29,2014
EXHIBIT F - FLOOD ZONE MAP
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The Seminole County Property Appraiser makes every effort to E>aviC) .Jc) ns(:5 7, OF:A
produce and publish the most current and accurate information
possibler er warranties,expressed implied,are provided for FIRGPEWFV
the data herein,its use,or its interpretation.ation.The assessment
maps are NOT certified maps and therefore are subject to APPRAISER
change.
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SEMINOLE COUNTY, FLORIDA Printed:Nov 18,2014
ATTACHMENT"G"
SURROUNDING FLU&ZONING DESIGNATIONS
CITY OF WINTER SPRINGS LAND USE &ZONING
32708 -
,, City of Winter
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The Seminole County Property Appraiser makes every effort to QaViid .JUhI"'15+ "1 �F
produce and publish the most current and accurate information
possible. warranties,expressed or implied,are provided for -r PROPERTY
the data herein,its use,or its interpretation.The assessment
maps are NOT certified maps and therefore are subject to APPRAISER ,�'•-,
change.
SEMINOLE COUNT Printed:Oct 29,2014
Y FLORIDA
GREEN CITY OF WINTER SPRINGS GID FLU &ZONING
CITY OF OVIEDO FUTURE LAND USE &ZONING
32708
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The Seminole County Property Appraiser makes every effort to (PROP Qc" V� JOt-�nsan, CFA
produce and publish the most current and accurate information
possible.er warranties,expressed or implied,are provided for
the data herein,its use,or its interpretation.The assessment maps are NOT certified maps and therefore are subject to APPRAISER
change.
SEMINOLE COUNTY FLORIDA Printed:Oct 29,2014
SEMINOLE COUNTY LAND USE&ZONING
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MACLAY RESERVE Tt?IU+NHOME]1 S ek
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The Seminole County Property Appraiser makes every effort to C),avicl Jnhnsnn. CFA
produce and publish the most current and accurate information
possible,No warranties,expressed or implied,are provided for <13 RppE�T"Y
the data herein,its use,or its interpretation.The assessment maps are NOT certified maps and therefore are sub]ect to APPRAISER
change.
SEMINOLE COUNTY, FLORIDA Printed:Nov 07,2014
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8E 1 ANN1N E� D 11NG BOA�iQW-PPAMUTLAN IMG���NC��fi1
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