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HomeMy WebLinkAbout2015 03 09 Public Hearing 501 Ordinance 2015-05 and Ordinance 2015-06 First Reading COMMISSION AGENDA Informational Consent ITEM 501 Public Hearings X Regular March 09, 2015 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 2.31 acres located at 235 Old Sanford Oviedo Road as described within Ordinances 2015-05 and 2015-06. SYNOPSIS: The City of Winter Springs Community Development Department has received an application 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 two (2) parcels totaling 2.31 acres in size generally located at 235 Old Sanford Oviedo Road (see Attachment A - Location Map). Ordinance 2015-05 proposes to change the Future Land Use Map designation from Seminole County "Industrial" to City of Winter Springs "Industrial" (see Attachment B - Ordinance 2015-05). Ordinance 2015-06 proposes to rezone the property from Seminole County "Industrial (M-1)" to City of Winter Springs "Light Industrial (I-1)" (see Attachment C - Ordinance 2015-06). The request is based upon the applicants desire to acquire City utilities for the existing Unlimited Welding business which has operated at said location since 1994. CONSIDERATIONS: Applicant—Brian Smith (MNK, Inc./Unlimited Welding, Inc.) Location—235 Old Sanford Oviedo Road Site Information — The 2.31 acre parcels currently have a future land use designation of Public Hearings 501 PAGE 1 OF 8- March 09,2015 Seminole County "Industrial". The subject property is also described within Agenda Item 500, Voluntary 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 land use designation of the two (2) parcels to City of Winter Springs "Industrial" and to rezone said property to "Light Industrial (I-1)" in order to acquire City utilities for the existing welding business. PARCEL Property Addresses: 235 Old Sanford Oviedo Road Property Owners: MNK Inc. Applicant Address: 235 Old Sanford Oviedo Road Winter Springs, F132708 Property Appraiser Parcel I.D numbers: 34-20-30-5AW-0000-0070 34-20-30-5AW-0000-007A Property Acreage: Approximately 2.31 acres Property Legal Descriptions: See (Attachment D - Legal Description) Current Future Land Use: Seminole County "Industrial" Proposed Future Land Use: City of Winter Springs "Industrial" Existing Zoning: Seminole County "Industrial (M-1)" Proposed Zoning: City of Winter Springs "Light Industrial (I-1) " APPLICABLE LAW AND PUBLIC POLICY 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. Existing Land Uses— The existing Unlimited Welding business has operated at this location since 1994. The surrounding area is generally characterized by the following land use and zoning categories. Existing Land Uses lZoning lFuture Land Use Public Hearings 501 PAGE 2 OF 8- March 09,2015 Subject Properties Existing'Unlimited Seminole County Seminole County Welding'business Industrial(M-1) "Industrial" North City of Winter Springs City of Winter Springs City of Winter Public Works Garage& Light Industrial(I-1) Springs"Industrial" Vacant Building South CSX Rail Line No Zoning No Land Use East aXsa Engineering Seminole County Seminole Products Industrial(M-1) County "Industrial" West Hall Company Inc. City of Winter Springs City of Winter Springs Light Industrial(I-1) Industrial Development Trends — The subject properties are primarily surrounded by both industrial and public/semi-public uses. The subject property abuts Old Sanford Oviedo Road, which is a local roadway. This is an area that is conducive to industrial development. First Reading of the annexation for the subject property described via Ordinance 2015-04 was presently considered by the City of Winter Springs City Commission under Item 500. 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 request is based upon the applicant's desire to acquire City utilities for the existing Unlimited Welding business which has operated at said location since 1994. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Seminole County "Industrial (M-1)" to Winter Springs "Light Industrial (I-1)" is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have an "Industrial" future land use designation in both the City of Winter Springs and unincorporated Seminole County. (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. The adjoining properties are zoned for industrial development. The site is situated between 'Hall Company Inc.' to the west and 'aXsa Engineering Products' to the east. 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 Public Hearings 501 PAGE 3 OF 8- March 09,2015 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 "Light Industrial (I-1)" is compatible with the proposed "Industrial" Future Land Use Map classification that is proposed via Ordinance 2015-05. (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. The City of Winter Springs "Light Industrial (I-1)" zoning designation is intended to apply to lands and structures, by their use and location, which are especially adapted to the business of wholesale distribution, storage and light manufacturing and to authorized land uses and activities which could cause adverse secondary effects and influences on residential areas and nonindustrial uses. Such lands are located in close proximity to principle thoroughfares and adequately separated (or buffered or both) from residential uses. The purpose of this district is to encourage and develop exceptionally clean, non- objectionable industrial uses and to allow a place for other uses and activities which could cause adverse secondary effects and influences on surrounding neighborhoods if located elsewhere. (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 existing welding business and 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: Justification for Future Land Use Designation - Through Ordinance 2015-05, the applicant is requesting the City of Winter Springs "Industrial" land use designation on the 2.31 acre property. The applicant has applied for the future land use amendment and rezoning in order to acquire City utilities for the existing welding business. The welding operation has operated at this location since 1994 and is compatible with the surrounding area, as is generally characterized by industrial development patterns. Public Facilities: ROADS/TRAFFIC CIRCULATION: Public Hearings 501 PAGE 4 OF 8- March 09,2015 Per the City of Winter Springs Comprehensive Plan, Transportation Element, Functional Classification Map, Old Sanford Oviedo Road is classified as an "Other Road" which means that it is neither a freeway, arterial, or collector roadway. Availability of Access: The existing welding business has direct access on the two (2) lane Old Sanford Oviedo Road. Function Classification: Per the City of Winter Springs Comprehensive Plan, Transportation Element, Functional Classification Map, Old Sanford Oviedo Road is classified as an "Other Road" which means that it is neither a freeway, arterial, or collector roadway. POTABLE WATER: The City has an existing 8-inch water main located along the south side of Old Sanford- Oviedo Road along the subject property's frontage that is available for connection (with payment of the appropriate connection fees). WASTEWATER The City has an existing 6-inch force main located along the north side of Old Sanford- Oviedo Road along the property's frontage that is available for connection. In order to connect to the City force main, the subject property will need to furnish and install a sanitary lift station, in addition to payment of the applicable connection fees. RECLAIMED WATER: Facilities serving the subject property: None currently. ELECTRIC SERVICE: Facilities serving the subject property: Duke Energy. 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: 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. Unlimited Welding will retain their current Waste Pro service. STORMWATER MANAGEMENT: Facilities serving the parcels: Existing stormwater drainage patterns and facilities will remain as they currently exist. 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. Station 24, located at 102 North Moss Public Hearings 501 PAGE 5 OF 8- March 09,2015 Alinter Springs, 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 "Industrial" to City of Winter Springs "Industrial" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Industrial" future land use designation, and the subject property is surrounded primarily by industrial development. NATURAL RESOURCES COMPATIBILITY: No improvements to the existing welding business are proposed. Therefore, the Environmental Impact Study is not required for said application. SOILS The subject property consists of Adamsville-Spar fine sands. The soils in this map unit are level to nearly level and somewhat poorly drained. FLOOD PRONE AREAS The property is located entirely in Flood Zone "X", which is outside of the 100-year floodplain, according to the FEMA Flood Insurance Rate Map. 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 Industrial lands are located predominantly on the north side of the City, along SR 419 and along the north side of the CSX railroad, as well as along the east side of US 17-92. Per the Comprehensive Plan, the Commercial future land use category permits up to a maximum 0.5 floor area ratio (FAR). This industrial category is characterized by light manufacturing (including wholesale cabinet and shed manufacturing), assembly, processing, storage of product, automobile detailing and painting, and scrap metal recycling. The surrounding area is generally characterized by light industrial and public/semi public facilities. The proposed future land use amendment is consistent with the Comprehensive Plan. 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 and associated public facilities will be available to meet the projected growth demands. 2. Policy 1.7.1 - requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments. Public Hearings 501 PAGE 6 OF 8- March 09,2015 3. Policy 1.8.2 - requires the City to annex all enclaves, where feasible, in order to reduce land use conflicts and provide public service. 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 "Industrial" to City of Winter Springs "Industrial", will provide additional taxable value to the City. The potential tax revenue of the existing 4,000 square foot welding business is estimated as follows: 4,000 square foot Welding Business assessed at approximately $336,751 $336,751/1000 = $336.75 $336.75 x (2.54) = $855.34 $855.34 (less the 4% statutory discount) = $821.13 annual tax revenue COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on January 9, 2015 (see Attachment E, Seminole County Commissioners Notification Public Hearings 501 PAGE 7 OF 8- March 09,2015 Letter). 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 subject property. Lastly, the proposed Ordinances were advertised in the Orlando Sentinel on February 19, 2015 and February 26, 2015 (see Attachment F, Orlando Sentinel Advertisement). RECOMMENDATION: 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 2.31 acres located at 235 Old Sanford Oviedo Road as described within Ordinances 2015-05 and 2015-06. ATTACHMENTS: A. Location Map B. Ordinance 2015-05 C. Ordinance 2015-06 D. Legal Description E. Seminole County Commission Notification Letter- January 9, 2015 F. Advertisement, Orlando Sentinel -February 19, 2015 and February 26, 2015 G. Draft Minutes -February 4, 2015 Local Planning Agency Public Hearings 501 PAGE 8 OF 8- March 09,2015 �.e _� _ '.i'., .. ..r.. .'� 4 � ,— t'r. -.:•`�`- �•"�: a ... .. _rte. S5 ON :c. - ei f fir Yy OVA 9' - - ATTACHMENT "B" ORDINANCE NO. 2015-05 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 TWO (2) PARCELS OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 2.3 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 235 OLD SANFORD OVIEDO ROAD, 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 "INDUSTRIAL" TO CITY OF WINTER SPRINGS "INDUSTRIAL"; 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 February 4, 2015, 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. 2015-05 Page 1 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 Seminole County "Industrial" to City of Winter Springs "Industrial". 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. 2015-05 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 day of , 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: First Reading: Second Reading: City of Winter Springs Ordinance No. 2015-05 Page 3 of 3 EXHIBIT "A" Tax ID: 34-20-30-5AW-0000-0070 LEG LOT 7 (LESS W 55.5 FT& E 108 FT) LEG E 108 FT OF LOT 7 ENUMINGER FARMS ADD NO. 2 PB5PG9 Tax ID: 34-20-30-5AW-0000-007A LEG E 108 FT OF LOT 7 ENUMINGER FARMS ADD NO. 2 PB5PG9 ATTACHMENT "C" ORDINANCE NO. 2015-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF TWO (2) PARCELS OF REAL PROPERTY TOTALING 2.3 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 235 OLD SANFORD OVIEDO ROAD, 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 "INDUSTRIAL M-1" TO WINTER SPRINGS "I-1 LIGHT INDUSTRIAL"; 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 March 23, 2015 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 "Industrial (M-1)"to Winter Springs "Light Industrial (1-1)." Exhibit "A" is attached hereto and fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2015-06 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. 2015-05 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2015-05 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 23rd day of March, 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: First Reading: Second Reading: City of Winter Springs Ordinance No. 2015-06 Page 2 of 2 EXHIBIT "A" Tax ID: 34-20-30-5AW-0000-0070 LEG LOT 7 (LESS W 55.5 FT& E 108 FT) LEG E 108 FT OF LOT 7 ENUMINGER FARMS ADD NO. 2 PB5PG9 Tax ID: 34-20-30-5AW-0000-007A LEG E 108 FT OF LOT 7 ENUMINGER FARMS ADD NO. 2 PB5PG9 ATTACHMENT "D" Tax ID: 34-20-30-5AW-0000-0070 LEG LOT 7 (LESS W 55.5 FT&E 108 FT) LEG E 108 FT OF LOT 7 ENTZMTNGER FARMS ADD NO. 2 PB 5 PG 9 Tax ID: 34-20-30-5AW-0000-007A LEG E 108 FT OF LOT 7 ENTZMINGER FARMS ADD NO. 2 PB5PG9 �\ g. ;iii buildings and Simi) comply with all current, a 10. The two (.2) parcels co. there are no gape or gorse 11. No portion of the pro) water. �` \ SgNFO�Po, IRON 4C4P#1653°� (pADO OV/� FENNCE5CORNERy COt S 7/.O 4n E R4A0\.`.. IRON v. `ROD N N. .. \.. \A\ g4CkS 71¢ \I RON R. 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ATTACHMENT "E" X474 COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,FL 32708 Telephone(407)327-1800 Fax: (407)327-4756 January 9, 2015 (VIA CERTIFIED MAIL) Seminole County Board of County Commissioners C/O Nicole Guillet, AICP, Seminole County Manager 1101 East 1st Street Sanford, Florida 32771 Re: Proposed Annexation & Small Scale Plan Amendment - Tax Parcel Identification Numbers: 34-20-30-5AW-0000-0070 34-20-30-5AW-0000-007A Dear Ms. Guillet, The City of Winter Springs is forwarding to your attention a copy of the notice of a Annexation and Small Scale Plan Amendment for the aforementioned Seminole County Tax Identification Numbers for property herein referred to as the 'Unlimited Welding Property'. The subject property is located at 235 Old Sanford Oviedo Road (see Exhibit A - Location Map). A future land use amendment and rezoning of the subject property to a City of Winter Springs future land use and zoning designation are proposed in conjunction with this annexation request as follows: Seminole County Existing Future Land Use Existing Zoning Industrial M-1 City of Winter Springs Proposed Future Land Use Proposed Zoning Industrial I-1 Light Industrial The current schedule for the Local Planning Agency and the City Commission of the City of Winter Springs to consider the Annexation and Small Scale Plan Amendment is as follows: Proposed Voluntary Annexation-Unlimited Welding-Notification Letter Seminole County Board of County Commissioners C/O Nicole Guillet, AICP, Seminole County Manager Pg. 2 • Local Planning Agency - Wednesday, February 4, 2015 at 5:30 or soon thereafter in the Commission Chambers, Winter Springs City Hall. • First Reading — Monday, March 9, 2015 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. • Second Reading —Monday, March 23, 2015 at 5:15 or soon thereafter on the Commission Chambers, Winter Springs City Hall. Please note that this schedule is subject to change. You will be notified of any schedule change. If there are any questions or clarifications necessary, please feel free to contact me by telephone at(407) 327-5967 or via email at roodruff(pwinterspringsfl.org. Sincerely, —VM- Randy Woodruff, AICP Senior Planner Enclosures: Exhibit A -Location Map CC: Anthony Garganese, City Attorney (via email) Randy Stevenson, AICP, ASLA, Community Development Director �� did"` �� �"i#[ � � +� C��'f��1�6 5��`t�(�►�L � � .�r € r ■ UtOlOW-1101 Ht DPW IDER" g" ........... F [- � � {u�f ��{�ryr [ /� € [mac{ � � � fn FiY I€G� B c r iz G R PI LFl 6r��Dss-€ F �.y M ' F" [kl�� � i }= � ff[ I�FC f4�EE{FEIY F4.� f IR"{ yep EY4�(s�� �pW PO Ayy�fl � � �" R € 110 r M U Vult, JK AFF 74 FU 1A A SP, � " FIX- PIF� 4 44_ray i S?[ a�r`E O"AFUV EAST, aspFkyrtl€r at{GI�Q [{ I � e}� V� { W€I� ,.�€ GktSG kLti 41 }28 44 Rkltt 1{�IF'LEfGF C @F � -Anfatric WO 'r b f � f7rW h � �tt[ EE cC Ap W Ow lai-OOK WQWO�i 10 M% ff orcr� ht� r � CSC(� € N' tyre rraa d2FSt�r ae3}�the it,- � f�r vrtkt r2Sp2et t€r and -Mrq r" asp rrt22flT , hI r2r o€ hr2 � I €t '49p, i a s s �t y 0 o � � had, roe fa(f2pathch the �2 �s bad M6�VZV 777 11 777777,- =r ti ,< �6it�bi d6 Eft am 01 Vi ORCE WNW OF WIN Wt S HE,FOLLOWING No t� Tf1x6 Tf T 'ffTl Pfix 1 ,�` € t 1T NO ass, No � � S AL T FOR,0v �, � E _10 V8 1 tiff � �� u RO R Y T � 0 14 I SR Nk- r F, R M Tu It V � � fY '�7 -i.fiT jg� , �fT� � 2 ` ` �- WI-MM lff FAD �+ , Y✓ -� cY �� p�y�y ��-3�'�G3 - �pT3 amp gggg� �yp���EsRpvt €.." �Ckw7rT yy--� +34 F' ,t as e g€ €€�ffr pa I € a s € � ra t re air € r �ab � c a OR Vq ATTACHMENT "G" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 4, 2015 CALL TO ORDER The Regular Meeting of Wednesday, February 4, 2015 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5.30 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). Roll Call: Chairperson Bob Henderson,present Vice-Chairperson Howard Casman, present Board Member Sarah Miller, arrived at 5:31pm Board Member Bart Phillips, present Board Member Suzanne Walker,present Assistant to the City Clerk Antonia Della Donna, present A moment of silence was followed by the Pledge of Allegiance. No Agenda Changes were noted. Board Member Sarah Miller arrived at 5:31pm AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 4,2015 PAGE 2 OF 5 PUBLIC INPUT Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". 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, January 7, 2015 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 CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. 400. REPORTS No Reports. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 4,2015 PAGE 3 OF 5 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance 2015-04, Which Proposes To Annex Two (2) Parcels Totaling Approximately 2.31 Acres, Located At 235 Old Sanford Oviedo Road. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented the Agenda Item and commented on Ordinance 2015-04. Continuing, Mr. Stevenson stated that Unlimited Welding, Inc. approached the City of Winter Springs about a Voluntary Annexation of 2.31 acres, in order to secure City Utility Services. Vice-Chairperson Howard Casman asked if the infrastructure to provide Utilities was already in place. Mr. Stevenson confirmed that it was and said, "We have the capacity." Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". "I WILL MAKE A MOTION THAT WE APPROVE ORDINANCE 2015-04." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 4,2015 PAGE 4 OF 5 PUBLIC HEARINGS 501. 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 Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 2.31 Acres Located At 235 Old Sanford Oviedo Road As Described Within Ordinances 2015-05 And 2015-06. This Agenda Item was introduced by Mr. Stevenson who explained, "(Ordinance) 2015- 05 addresses the change of Land Use from `Industrial' in the County to `Industrial' in the City. Ordinance 2015-06 changes the Zoning from `M-1', which is an Industrial classification in the County, to 1-1', which is the Industrial classification in the City." Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". "I WILL MAKE A MOTION WE APPROVE ORDINANCE 2015-05." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER MILLER: AYE BOARD MEMBER PHILLIPS: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE VICE-CHAIRPERSON CASMAN: AYE MOTION CARRIED. "I WILL MAKE A MOTION THAT WE APPROVE (ORDINANCE) 2015-06." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—FEBRUARY 4,2015 PAGE 5 OF 5 REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". In other City business, Board Member Bart Phillips asked if there was any progress regarding Florida Rails-to-Trails. Mr. Stevenson mentioned this should be referenced in Agenda Item Informational "200" and they are planning for it to go to the City Commission at the upcoming February 9, 2015 Regular Meeting. Mr. Stevenson added that they expect plans to be approved by the Governor and Cabinet by the third quarter of 2015. Much discussion followed on the SunRail and LYNX, Winter Springs residents' access to public transportation, current funding for SunRail, and park and ride lots. ADJOURNMENT Chairperson Henderson adjourned the Regular Meeting at 5:48 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK APPROVED: BOB HENDERSON, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the ,2015 Planning And Zoning Board/Local Planning Agency Regular Meeting.