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HomeMy WebLinkAbout2017 03 01 Public Hearings 402 Ordinance 2017-02 and Ordinance 2017-03 FLUM and Rezoning - 1379 State Road 434LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD AGENDA ITEM 402 March 1, 2017 Meeting Consent Information Public Hearing X Regular 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 2017-02 and 2017-03. 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 434. Ordinance 2017-02 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". Ordinance 2017-03 proposes to rezone the property from City of Winter Springs "Greeneway Interchange District (GID)" to City of Winter Springs "General Commercial (C-2)". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) 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; 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. March 1, 2017 Public Hearing Agenda Item 402 Page 12 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 H, 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. PARCEL Property Addresses: 1379 State Road 434 Winter Springs, FL 32708 Property Owners: Applicant Address: Property Appraiser Parcel I.D numbers Property Acreage: Property Legal Descriptions: Current Future Land Use: Proposed Future Land Use: Existing Zoning: ARMA INV LP City of Winter Springs, 1126 E. State Road 434, Winter Springs, Florida 04-21-3 1-3 00-002A-0000 Approximately 6.25 acres See Ordinance City of Winter Springs "Greeneway Interchange District (GID)" with a "Conservation Overlay" City of Winter Springs "Commercial" with a "Conservation Overlay" City of Winter Springs "Greeneway Interchange District (GID)" March 1, 2017 Public Hearing Agenda Item 402 Page 13 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 Background — 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 development activity. 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. March 1, 2017 Public Hearing Agenda Item 402 Page 14 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 403 and 404 respectfully. (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 2017- 02. (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. March 1, 2017 Public Hearing Agenda Item 402 Page 15 (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: Justification for Future Land Use Designation - Through Ordinance 2017-02, 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 interchange and tapers down to two (2) lanes on the east side of the interchange. 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 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 8 to 10 years; however, this project has not started the study phase at this time. March 1, 2017 Public Hearing Agenda Item 402 Page 16 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. The current level of service (LOS) on this portion of State Road 434 is "F" and it is expected to remain "F" until the roadway is widened to four -lanes from SR 417 east to Hammock Lane. POTABLE WATER: The City has potable water facilities 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. WASTEWATER: The City has an existing 6-inch force main along the south side of State Road 434. 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) and City of Winter Springs 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. March 1, 2017 Public Hearing Agenda Item 402 Page 17 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 "Greenway 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. 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. 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. March 1, 2017 Public Hearing Agenda Item 402 Page 18 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 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 H, of the Florida Statutes. March 1, 2017 Public Hearing Agenda Item 402 Page 19 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. Property owners have been notified by US mail and a 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 Thursday, January 26, 2017. 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 2017-02, 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 2017-03, which proposes a Rezoning for approximately 6.25 acres, generally located at 1379 State Road 434. EXHIBITS: A. Location Map B. Ordinance 2017-02 C. Ordinance 2017-03 D. Advertisement, Orlando Sentinel AD -to pope,; lip lop POO V-— -iOk:-Jrl b ATTACHMENT B ORDINANCE NO. 2017-02 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 March 1, 2017, 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. 2017-02 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 "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 (31) 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. 2017-02 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 27th day of March, 2017. 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: January 26, 2017 First Reading: March 13, 2017 Second Reading: March 27, 2017 City of Winter Springs Ordinance No. 2017-02 Page 3 of 3 N O O N W U Z Q z 0 oc O a a z 0 Q U O J WE I N ATTACHMENT C ORDINANCE NO. 2017-03 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 March 1, 2017 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. 2017-03 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. 2017-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2017-02 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 27th day of March, 2017. 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: January 26, 2017 First Reading: March 13, 2017 Second Reading: March 27, 2017 City of Winter Springs Ordinance No. 2017-03 Page 2 of 2 m 0 0 N W U Z Q z 0 oc O a a z 0 Q U O J a m X LU I a LU w LL 0 LU 06 x- a, �i o LO LL 0 LO rl `L 0 w c» w �5 � •_ -i iwi�' " LIB LO drI F r W > O Z Q U W J Q J 641 Orlando Sentinel Thursday, January 26,2017 5E ATTACHMENT L NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING RELATING TO THE ADOPTION OF MORATORIUM ORDINANCE RELATING TO MARIJUANA RELATED LAND USES The City of Oviedo proposes to consider adoption of the following Ordinance: ORDINANCE NO. 1646 AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA ESTABLISHING AND IMPOSING ATEMPORARY MORATORIUM ON THE DISPENSING OF MEDICAL CANNABIS TO INCLUDE, BUT NOT BE LIMITED TO, MEDICAL MARIJUANA TREATMENT CENTERS, WITHIN THE CITY OF OVIEDO; PROHIBITING ANY AND ALL DISPENSING OF MEDICAL CANNABIS DURING THE MORATORIUM PERIOD FOR ANY PROPERTY LOCATED WITHIN THE CITY OF OVIEDO; PROVIDING FORTHE MORATORIUMTO EXTENDTOCERTAINAPPLICATIONS FOR DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS RELATING TO REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF OVIEDO IN ORDER TO ALLOW AN OPPORTUNITY FOR THE CITY TO DEVELOP GOALS, OBJECTIVES AND POLICIES OF THE CITY'S COMPREHENSIVE PLAN AND AMENDMENTS TO THE CITY'S LAND DEVELOPMENT CODE, AS APPROPRIATE, RELATING TO THE DEVELOPMENT OF DESIGN STANDARDS AND RELATED MATTERS PERTAINING TO DISPENSING OF MEDICAL CANNABIS AS WELL AS POLICE POWER REGULATIONS; PROVIDING. FOR LEGISLATIVE AND ADMINISTRATIVE FINDINGS; PROVIDING FOR GEOGRAPHIC AREA ENCOMPASSED BY THE MORATORIUM; PROVIDING FOR DEVELOPMENT WHICH IS SUBJECT TO MORATORIUM; PROVIDING FOR POSSIBLE EXTENSION OF MORATORIUM; PROVIDING FOR AN ADMINISTRATIVE REMEDY TO ASSERT VESTED RIGHTS CLAIMS; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR NON -CODIFICATION AS WELL AS THE CORRECTION OF SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City of Oviedo City Council will conduct a public hearing and consider Ordinance No. 1646 on Monday, February 6, 2017, beginning at 6:30 PM. The public hearing will be held in the City of Oviedo City Council Chambers, 400 Alexandria Boulevard, Oviedo, Florida. All interested parties may appear at the meeting and be heard. The Ordinance and supporting documents may be reviewed on or after Thursday, February 2, 2017, at the Planning Division, City Hall Annex Building, 320 Alexandria Boulevard, weekdays from 8:00 AM to 5:00 PM, except holidays. Persons with disabilities needing assistance to participate in this proceeding should contact the ADA Coordinator at (407) 971-5523, at least 48 hours in advance of the meeting. ADVICE TO THE PUBLIC: If any person decides to appeal a decision with respect to any matter considered at the above meeting or hearing, he/she will need a verbatim record of all proceedings including the testimony and evidence, which record is not provided by the City of Oviedo IF.S. 286.0105). For any further questions, comments, or concerns, please contact the Planning Division, at 407-971-5776 NOTICE OF PUBLIC HEARING RELATING TO THE ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, CITY OF OVIEDO, FLORIDA The City of Oviedo proposes to consider adoption of the following Ordinance: ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF OVIEDO, SPECIFICALLY LAND DEVELOPMENT CODE ARTICLES IV, ZONING DISTRICTS AND REGULATIONS, ARTICLE VI DOWNTOWN MIXED USE DISTRICTS, ARTICLE Vlll ARCHITECTURAL AND URBAN DESIGN STANDARDS, ARTICLE XI STREETS AND SIDEWALKS, ARTICLE XII LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS, ARTICLE XIII PARKING, ARTICLE XIV SIGNS, ARTICLE XV ENVIRONMENTAL PRESERVATION RELATING TO ARCHITECTURAL STANDARDS, AND ARTICLE XVIII BASIC DEFINITIONS; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND THE CORRECTION OF SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing will be held on Monday, February 6, 2017, before the City of Oviedo City Council, beginning at 6:30 PM. The public hearing will be held in the City of Oviedo City Council Chambers, 400 Alexandria Boulevard, Oviedo, Florida. All interested parties may appear at the meeting and be heard. The Ordinance and supporting documents may be reviewed on or after Thursday, February 2, 2017, at the Planning Division, City Hall Annex Building, 320 Alexandria Boulevard, weekdays from 8:00 AM to 5:00 PM, except holidays. Persons with disabilities needing assistance to participate in this proceeding should contact the ADA Coordinator at (407) 971-5523, at least 48 hours in advance of rite ,nAaan„ NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE OF COMPREHENSIVE PLAN/REZONING CHANGE NOTICE IS HEREBY GIVEN THAT THE PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AND CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING ORDINANCES: 1, ORDINANCE 2017-02. 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 DEPICTEDAND LEGALLY DESCRIBED ON EXHIBITAA@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. 2. ORDINANCE 2D17-03. 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 6.25TOTALACRES, MORE OR LESS, GENERALLY LOCATEDAT 1379 STATE ROAD 434, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT AAGATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM AGREENEWAY INTERCHANGE ZONING DISTRICTQ ("GID") TO AGENERAL COMMERCIAL DISTRICT' ("C-2"); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. 3. ORDINANCE 2017-04. 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 7.63 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 1072 W. STATE ROAD 434, OVIEDO, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT AAN ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM "GREENEWAY INTERCHANGE DISTRICT" TO ACOMMERCIALD; 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. 4. ORDINANCE 2017-M AN ORDINANCE- OF THE CITY-COTJIMISSTON 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 7.63 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 1072 W. STATE ROAD 434, OVIEDO, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT AAN ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM AGREENEWAY INTERCHANGE ZONING DISTRICT® ("GID") TO AGENERAL COMMERCIAL DISTRICT" ("C-2'); PROVIDING FOR THE REPEALOF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND. AN EFFECTIVE DATE. 5. ORDINANCE. 2017-06. 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 4.51 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED NEAR THE SOUTHEST CORNER OF STATE ROAD 434 AND STATE ROAD 417, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBEDON EXHIBITAADATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM "GREENEWAY INTERCHANGE DISTRICT" TO ACOMMERCIALD; 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. 6. ORDINANCE 2017-07. 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 WITHIN THE CITY OF WINTER SPRINGS TOTALING 4.51 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED NEAR THE SOUTHEST CORNER OF STATE ROAD 434 AND STATE ROAD 417, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM AGREENEWAY INTERCHANGE ZONING DISTRICT® ("GID") TO AGENERAL COMMERCIAL DISTRICT" ("C-2"); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.