HomeMy WebLinkAbout2013 11 18 Public Hearing 503 Winding Hollow Administrative Rezoning, Ordinance 2013-10 Second Reading COMMISSION AGENDA
Informational
Consent
ITEM 503 Public Hearings X
Regular
November 18, 2013 KS RS
Special Meeting City Manager Department
REQUEST:
The Community Development Department — Planning Division requests that the City
Commission hold a public hearing for Second Reading of Ordinance 2013-10, which
proposes to administratively rezone 2.9 acres of property located on the east side of
Winding Hollow Boulevard just south of State Road 434, from C-2 (General Commercial)
to C-1 (Neighborhood Commercial).
SYNOPSIS:
The City of Winter Springs Community Development Department - Planning Division has
initiated this request to administratively rezone 2.9 acres from C-2 (General Commercial) to
C-1 (Neighborhood Commercial) via Ordinance 2013-10 (see Attachment A - Ordinance
2013-10). The subject property is located on the east side of Winding Hollow Boulevard
just south of State Road 434 (see Attachment B - Location Map). The administrative
rezoning request comes as a result of City Commissions approval of the lot split Resolution
2013-25 as presented during the July 22, 2013 Regular City Commission meeting (see
Attachment C - Resolution 2013-25).
CONSIDERATIONS:
Applicant Name and Address:
City of Winter Springs
1126 East State Road 434
Winter Springs, F132708
Property Owner:
Professional Offices LLC
Public Hearings 503 PAGE 1 OF 6- November 18,2013
3437 SE Ankeny St.
Portland, OR 97214
Property Address:
None
Property Parcel ID:
26-20-30-5AR-OD00-025D
Future Land Use Designation:
Commercial
Zoning Designation:
General Commercial (C-2)
Approved Development Permits:
Resolution 2013-25 (Lot Split); Developer's Agreement
Pending Code Enforcement Actions:
None
City Liens:
None
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
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.
The City is processing an application to administratively rezone the subject property from C-
2 (General Commercial) to C-1 (Neighborhood Commercial) via Ordinance 2013-10 in
order to comply with the conditions stipulated within Resolution 2013-25 as approved by
City Commission on July 22, 2013.
During the July 22, 2013 meeting, the City Commission approved the Winding Hollow Lot
Split Resolution subject to the following conditions:
1. The Applicant shall be required to submit permit applications to permit and develop an
office park on the interior Lot;
2. The Applicant shall consent to the City administratively rezoning the Interior Lot to C-1
(Neighborhood Commercial);
3. The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design
Standards for New Development Area; and
4. The Lot Split Resolution shall not be finalized and recorded until such time the binding
Public Hearings 503 PAGE 2 OF 6- November 18,2013
development agreement is finalized and executed.
The City of Winter Springs City Commission considered First Reading of Ordinance 2013-
10 at their August 12, 2013 regular meeting. At the request of the City Attorney, staff
processed First Reading prior to the August 14, 2013 regular Planning & Zoning Board
meeting in order to maintain specific public hearing dates described within the July 22,
2013 Courtesy Notice.
The owner desires to develop approximately three (3) single-story office buildings having a
total of 10,488 square feet of space on the 2.9 acre parcel. Pursuant to the conditions
rendered by City Commission, the development will be subject to the S.R. 434 General
Design Standards for New Development Area. The surrounding area is generally
characterized by low density residential and limited commercial establishments along S.R.
434.
Existing Land Uses Zoning Future Land Use
Subject Property Undeveloped City of Winter City of Winter
Springs C-2 (General Springs "Commercial"
Commercial)
North Undeveloped City of Winter City of Winter
Springs C-2 (General Springs "Commercial"
Commercial)
..........................................................................
South 110' Public Utility City of Winter City of Winter
Easement Springs R-IA Springs "Low Density
Residential"
..........................................................................
East Undeveloped Seminole County Seminole County
A-1 Industrial
..........................................................................
West Offices at Winding City of Winter Commercial
Hollow Office Park Springs C-1
(Neighborhood
Commercial)
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 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 owner desires to develop
approximately three (3) single-story office buildings having a total of 10,488 square feet
of space on the 2.9 acre parcel.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan - The
proposed administrative rezoning from C-2 (General Commercial) to C-1
Public Hearings 503 PAGE 3 OF 6- November 18,2013
(Neighborhood Commercial) is appropriate and compatible with the land use pattern
established by the City's Comprehensive Plan. The surrounding properties have future
land use designations of"Low Density Residential" and "Commercial".
(5) Does Not Create Spot Zoning - The proposed administrative rezoning does not
create a spot zone, which is prohibited by law. A portion of the west side of Winding
Hollow Boulevard was recently administratively rezoned to C-1 through Ordinance
2013-01. The Winding Hollow Subdivision, along with an existing 110' drainage
easement located south of the subject property, has "Low Density Residential" land use
and R-lA zoning.
(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 (schools, 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.
Existing C-2 zoning in the City usually has frontage on S.R. 434, 17-92, and or 419. A
result of the Lot Split is that the subject property no longer has frontage on S.R. 434. A
C-2 zoning designation has the potential to create adverse traffic conditions on Winding
Hollow Boulevard.
(8) Changed Conditions Make the Proposed Rezoning Necessary - The administrative
rezoning request comes as a result of City Commissions approval of the Winding Hollow
Lot Split Resolution during the July 22, 2013 Regular City Commission meeting. During
said meeting, City Commission approved Resolution 2013-25 subject to the following
conditions:
1. The Applicant shall be required to submit permit applications to permit and develop an
office park on the interior Lot;
2. The Applicant shall consent to the City administratively rezoning the Interior Lot to C-1
(Neighborhood Commercial);
3. The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design
Standards for New Development Area; and
4. The Lot Split Resolution shall not be finalized and recorded until such time the binding
development agreement is finalized and executed.
The proposed zoning designation of C-1(Neighborhood Commercial) is compatible with
the existing Commercial Future Land Use Map classification.
(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
of the administrative zoning of the property is to comply with the required condition of
approval for the Winding Hollow Lot Split Resolution and is consistent and compatible
with the surrounding land uses.
Public Hearings 503 PAGE 4 OF 6- November 18,2013
(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 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 administrative
rezoning does not violate any applicable land use regulations adopted by the City.
FINDINGS:
In summary, staff has determined that the fourteen (14) review standards defined within
Section 20-31 have been satisfied.
FISCAL IMPACT:
The proposed administrative rezoning of the property from C-2 (General Commercial) to C-
1 (Neighborhood Commercial) does not pose a risk to the City for the potential loss of
commercial taxable value. The development of this project will add to the City's
commercial tax base. A detailed fiscal analysis will be presented to the City Commission
along with the request for final engineering approval.
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.
Additionally, both the City Community Development staff and the Engineer of Record,
Todd Hudson, have met with the Winding Hollow homeowners association on numerous
occasions to discuss said matter further.
RECOMMENDATION:
The Community Development Department — Planning Division recommends the City
Commission approve Ordinance 2013-10 on second reading, which proposes to
administratively rezone 2.9 acres of property located on the east side of Winding Hollow
Boulevard just south of State Road 434, from C-2 (General Commercial) to C-1
(Neighborhood Commercial).
ATTACHMENTS:
A- Ordinance 2013-10
Public Hearings 503 PAGE 5 OF 6- November 18,2013
B -Location Map
C -Resolution 2013-25
Public Hearings 503 PAGE 6 OF 6- November 18,2013
Attachment "A"
ORDINANCE NO. 2013-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA,CHANGING THE ZONING MAP DESIGNATION
OF REAL PROPERTY CONSTITUTING A PORTION OF
ONE (1) PARCEL OF LAND TOTALING 2.9 ACRES, MORE
OR LESS, GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF THE INTERSECTION OF STATE ROAD 434
AND WINDING HOLLOW BOULEVARD IN THE CITY OF
WINTER SPRINGS, FLORIDA, DEPICTED AND LEGALLY
DESCRIBED AS THE"SOUTHEAST PARCEL"ON EXHIBIT
"A" ATTACHED HERETO, FROM 11C-2 GENERAL
COMMERCIAL DISTRICT" TO 11C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT;" 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
have recommended approval of this Ordinance at its August 14, 2013 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.
City of Winter Springs
Ordinance No.2013-10
Page 1 of 2
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 from"C-2 General Commercial District"to "C-1 Neighborhood
Commercial District" for the property depicted and legally described as the"Southeast Parcel" on
Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby
directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance.
Section 3. 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 4. 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 5. Effective Date. This ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this day of , 2013.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Ordinance No.2013-10
Page 2 of 2
SKETCH OFo DESCRIPTION
(THIS IS NOT A SURVEY) EXHIBIT"A"
DESCRIPTION — (NORTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED
IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07°01'30"W, A DISTANCE OF 575.99 FEET FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST
RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07°01'30"W A DISTANCE OF 82.08 FEET; THENCE
N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY
MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD
RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY
LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF
245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN 583'53'17"W A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS.
DESCRIPTION — (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'01'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07°01'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Surve�yp of ° �
the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83°48'59"E. �P,\�` F'S° 4T 1.0 F2
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SKETCH OFa DESCRIPTION
(THIS IS NOT A SURVEY) EXHIBIT"A
STATE ROAD 434
131.50' R/W N83.53'17"E
STATE ROAD 214.97'
(FOOT RIGHT OF WAY MAP SECTION
77070-2518
434 Z
SOUTH R/W LINE OF _ _ p N
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NORTHEAST PARCEL N
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I (NOT INCLUDED) N83-48 LA
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N 83.48'59'E NORTH LINE 280.03' OF WINDING
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POINT OF COMMENCEMENT BOOK 47, PAGES 94-96)
SW CORNER, LOT 25, BLOCK D
D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING
LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL)
FOOT FLORIDA DEPARTMENT OF TRANSPORTATION
ORB 11 D' FLORIDA POWER 183,LIGHT PAGER113
OFFICIAL RECORDS BOOK 2
PG AGREEMENT (ORB
PAGE R/W AND ORB 148. PAGE
79)
R/W RIGHT-OF-WAY
SQ. FT. SQUARE FEET
CENTERLINE SHEET2OF2
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Professional Surveyors&Mappers Date: 6/27/13 SEE SHEET 1 OF2
165 Middle Street, Suite 1 10 1 Drawn By: ADA
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1"=100'
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3 LOCATION MAP
CANEEL BAY T R r
IF-IM LOOP r t
� July 2013 ��� MEADOWS
Insa¢poat
PY �LORIIVp'
N1iE+M LOOP S LEGEND
❑R-C1 ■C-1
(M inin-w 1 Acre lot) (Neighborhood Commercial)
EAST STATE RD 434 ❑R-1(Min AA c 2
7- l-10,000SFIn (General Commercial)
to Z ❑R_1q ❑GID
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(M inirrum 6,6005F lot) (town Center District}
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(Multi-Famiy) (Lightlntlustrial)
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� Feet
ATTACHMENT "C
RESOLUTION NO. 2013-25
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, PROVIDING FOR THE DIVISION OF AN
ORIGINALLY PLATTED LOT OWNED BY WINTERSPRING
LAND LTD. AND GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION OF STATE
ROAD 434 AND WINDING HOLLOW BOULEVARD,
WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF
RECORD FOR DEVELOPMENT PURPOSES; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size
that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to
divide an originally platted single lot; and
WHEREAS,section 9-11 of the City Code authorizes the City Commission to approve such
division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and
application process for lot splits; and
WHEREAS, Winterspring Land Ltd. (hereinafter "Owner") is the owner of certain real
property generally located at the southeast corner of State Road 434 and Winding Hollow Boulevard
in Winter Springs, Florida, more particularly depicted and legally described herein; and
WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to
divide said property into two (2) separate lots; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS,the City Commission finds that Owner has satisfied all of the requirements for
lot splits set forth in section 9-11 of the City Code; and
WHEREAS,the City Commission of the City of Winter Springs finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Resolution No.2013-25
Page 1 of 3
SPRINGS HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval of Lot Split. Subject to the terms and conditions required by the City
Commission at the July 22, 2013 public hearing on this Resolution, the City Commission hereby
approves, pursuant to section 9-11 of the City Code, the division of the real property generally
located at the southeast corner of State Road 434 and Winding Hollow Boulevard,legally described
in"Exhibit A,"attached hereto and fully incorporated herein by this reference,into two(2)separate
lots. Such lots are more particularly depicted and legally described in"Exhibit B," attached hereto
and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official
Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for
development purposes pursuant to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted
by the City Commission,or parts of prior resolutions in conflict herewith,are hereby repealed to the
extent of the conflict.
Section 4. Severability. If any section,subsection,sentence,clause,phrase,word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City
Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole
County, Florida simultaneously with the binding development agreement memorializing the terms
and conditions of the lot split. The Community Development Department is hereby directed to
modify city maps and documents to reflect the lot split upon recordation of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs and a binding development agreement being
simultaneously approved and executed by the City and the property owner of the southeast parcel
memorializing the terms and conditions of the lot split required by the City Commission in
accordance with the public hearing conducted on July 22, 2013.
[EXECUTION PAGE FOLLOWS]
City of Winter Springs
Resolution No.2013-25
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, this day
of , 2013.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No.2013-25
Page 3 of 3
SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
EXHIBIT"A"
DESCRIPTION — (MASTER PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83°48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING
THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07°01'30"W, A DISTANCE OF 658.07 FEET;
THENCE N83°48'59"E A DISTANCE OF 5.00 FEET; THENCE N07°01'30"W A DISTANCE OF 162.95 FEET TO A POINT
ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A
DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07°01'30"E ALONG THE EAST LINE OF SAID LOT 25,
BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE
DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT
25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey rof the bevy
Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E' F2
NOT VALID,WITHOUT THE SIGNATURE AN®,.THE
H L 5 M ORIGINAL RAID MAPPER.
OF A FLOR A LICENSED
L L C SURVEYOR AND MAPPER.
Hen rich—Luke—Swaggerty—Menard Job No: E-9149 '
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drawn By: ADA
Lake Mary, Florida 32746
P. (407) 647-7346 Scale: 1"=100' William F., nord,
P. (407) 647-5097 Professi0Rg1 �ufVdyo—r & apper
WWW.Florida LandSurveyor.com
Licensed Business No. 7276 Florida Registration;'#5625
SKETCH OFo DESCRIPTION
EXHIBIT"B" (THIS IS NOT A SURVEY)
DESCRIPTION — (NORTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED
IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07°01'30"W, A DISTANCE OF 575.99 FEET FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST
RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07°01'30"W A DISTANCE OF 82.08 FEET; THENCE
N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY
MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD
RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY
LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF
245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN 583'53'17"W A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS.
DESCRIPTION — (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'01'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07°01'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Surve�yp of ° �
the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83°48'59"E. �P,\�` F'S° 4T 1.0 F2
H L S M NOT VALI HQQ�°iHE SIGNAIIZ)26 THE
ORIGINAL IS€Q,`SEAL OF A FLOR1dA L ENSED
�, SURVEYOR Ar M,A�PPER.
Henrich—Luke—Swaggerty—Mena rd Job NO: E-9149 ��VV LL
Professional Surveyors&Mappers Date: 6/27/13 0
165 Middle Street, Suite 1101 Drawn B ADA O
Lake Mary, Florida 32746 Y � °
P. (407) 647-7346 Scale: 1"=100' William M°1�rigq 0°P•
P. (407) 647-8097 Professio 6�1g6°r pper
WWW.Florida LandSurveyor.com Florida RegiSl'iFSKi`Q®5625
Licensed Business No. 7276 y
SKETCH OFa DESCRIPTION
(THIS IS NOT A SURVEY)
STATE ROAD 434
131.50' R/W N83.53'17"E
ST 214.97'
(FOOT RIGHT OF WAY MAP SECTION
77070-2518
ATE ROAD Z
SOUTH R/W LINE OF 434 O N
J O
O J
J Q
I �
NORTHEAST PARCEL N
I I I 1,22 ACRES rri
Q
(53,077 S . FT.)
NORTHWEST PARCEL N N o
I 1,22 ACRES 1,0 w
(53 087 SQ. FT.) 0 5.00' U1 I
I (NOT INCLUDED) N83-48 LA
°LA
N07'011 30 82.08'
I 17"W 219.97'
S83'53 QA A
N83'53'17"E 219.97' {
Boa
POINT OF BEGINNING m=o
(NORTHEAST PARCEL) I cn
I
I EAST LINE LOT 25, BLOCK D
I p
I D
d �
I �
v
I 'x N
m o<D Z O
cf) o O O O
00 XV
m IJ= J N
r CEL
° I� o °- SOUTHEAST PAR m
o N I N PARCEL ➢ C' 2.91 ACRES
m<m (126,656 SQ. FT.)
SOUTHWEST J
0 6'Z r 2,91 ACRES 1 G Ln U1
zo 0 0 (126,764 SQ. FT') rn J J LTI
boo N
(NOT INCLUDED) d �
r, I I
a w�
I AST RIGHT OF WAY LINE
OF WAY LINE F AST HOLLOW BLVD
WEST RIGHT gLVD�
IWINDING HOLLOW
I I
I I I
I SOUTH LINE OF LOT 25 ' 219 97,
� — S83'48'S9'W
N 83.48'59'E NORTH LINE 280.03' OF WINDING
_
HOLLOW UNIT 1 (PLAT
POINT OF COMMENCEMENT BOOK 47, PAGES 94-96)
SW CORNER, LOT 25, BLOCK D
D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING
LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL)
FOOT FLORIDA DEPARTMENT OF TRANSPORTATION
ORB 11 D' FLORIDA POWER 183,LIGHT PAGER113
OFFICIAL RECORDS BOOK 2
PG AGREEMENT (ORB
PAGE R/W AND ORB 148. PAGE
79)
R/W RIGHT-OF-WAY
SQ. FT. SQUARE FEET
CENTERLINE SHEET2OF2
NOT VALID WITHOUT THE SIGNATURE AND THE
H L S M LLC ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
Henrich—Luke—Swaggerty—Menard Job NO: E-9149
Professional Surveyors&Mappers Date: 6/27/13 SEE SHEET 1 OF2
165 Middle Street, Suite 1 10 1 Drawn By: ADA
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1"=100'
P. (407) 647-8097 AND SIGNATURE
W WW.FloridaLandSurveyor.com
Licensed Business No. 7276