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2020 09 02 Planning and Zoning Board LPA Regular Meeting Agenda - Granicus
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 2, 2020 - 5:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Approval of Minutes from the Wednesday, July 1, 2020 Planning and Zoning Board/Local Planning Agency Regular Meeting Minutes PUBLIC HEARINGS AGENDA 400. Small-Scale | Future Land Use Map Amendment and Rezone Sand Loch FLUM and Rezone Staff Report Exhibit 1 - Vicinity and Aerial Maps Exhibit 2 - Proposed Rezoning and FLU Map Exhibit 4 - Ordinance 2020-06 FLU Exhibit 3 - Ordinance 2020-05 Rezone Exhibit 5 - Development Agreement Exhibit 6 - Small Scale Rezone Application - December 2019 Exhibit 8 - Notice Letter Exhibit 7 - FLUM Application - December 2019 Exhibit 9 - Legal Advertisement REGULAR AGENDA 500. Not Used REPORTS 2 PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 3 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JULY 1, 2020 CALL TO ORDER Chairperson Kok Wan Mah called the Regular Meeting of Wednesday, July 1, 2020 of the Planning and Zoning Board/Local Planning Agency to Order at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708.) Roll Call: Chairperson Kok Wan Mah, present Vice-Chairperson Kevin McCann, present Board Member James Evans, present Board Member Michael Ferrante, absent Board Member Bart Phillips, present City Attorney, Anthony A. Garganese, present Interim City Clerk Christian Gowan, present A moment of silence was followed by the Pledge of Allegiance. No changes were made to the Agenda. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Chairperson Mah opened “Public Input”. Manager Boyle briefly discussed the cleaning measures implemented in the Chambers. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JULY 1, 2020 PAGE 2 OF 4 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , J U N E 5 , 2 0 1 9 | P A G E 2 OF 4 Chairperson Mah closed “Public Input”. CONSENT AGENDA 300. Approval of the Minutes from the Wednesday, June 3, 2020 Planning and Zoning Board/Local Planning Agency Regular Meeting “MOTION TO APPROVE THE MINUTES.” MOTION BY BOARD MEMBER McCANN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER EVANS: AYE BOARD MEMBER PHILLIPS: AYE CHAIRPERSON MAH: AYE VICE-CHAIRPERSON McCANN: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA 400. Review of Ordinance 2020-04 Amending Chapter 20 of the City Code authorizing the operation of “mobile food dispensing vehicles” as a temporary accessory use in certain limited zoning districts in furtherance of section 509.102(2), Florida Statutes and at Special Events authorized by the City; providing general standards for operating mobile food dispensing vehicles; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Ms. Marla Molina, Senior City Planner, Community Development Department provided an overview of state preemptions and what the City is allowed to do as proposed by this Ordinance and provided the staff recommendation. Discussion followed on concerns around permissible zoning districts and suggestions for possible revisions. Chairperson Mah opened the Public Hearing for Item 400 Mr. Rogelio Morales, 5293 Rocking Horse Place, Oviedo, Florida spoke about his food truck that he has tried to get in Winter Springs and noted the regulations that he has to follow to operate. 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JULY 1, 2020 PAGE 3 OF 4 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , J U N E 5 , 2 0 1 9 | P A G E 3 OF 4 Mr. Jeff Brown, 227 Nandina Terrace, Winter Springs, Florida shared concerns about the limitations on where food trucks would be allowed to operate within the City. Chairperson Mah closed the Public Hearing or Item 400 “MOTION TO PASS ITEM 400 WITH RECOMMENDATION THAT CITY COMMISSION DIRECT STAFF TO LOOK IN TO ADDITIONAL PERMISSIBLE ZONING DISTRICTS AND ADD LANGUAGE TO SECTION 26.50(D)(6), SITE PLAN APPROVAL, CREATING A DEADLINE BY WHICH THE CITY MUST RESPOND TO APPLICANTS.” MOTION BY BOARD MEMBER EVANS. SECONDED BY CHAIRPERSON MAH. DISCUSSION. VOTE: CHAIRPERSON MAH: AYE BOARD MEMBER PHILLIPS: NAY BOARD MEMBER EVANS: AYE VICE-CHAIRPERSON McCANN: AYE MOTION CARRIED. REGULAR AGENDA 500. Not Used REPORTS No reports given. PUBLIC INPUT Chairperson Mah opened “Public Input”. Mr. Rogelio Morales, 5293 Rocking Horse Place, Oviedo, Florida asked what the next steps would be. Mr. Christopher Schmidt, Director, Community Development Department explained that the Ordinance would next be heard at the City Commission Meeting on August 10, 2020. Chairperson Mah closed “Public Input”. 6 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JULY 1, 2020 PAGE 4 OF 4 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , J U N E 5 , 2 0 1 9 | P A G E 4 OF 4 ADJOURNMENT Chairperson Mah adjourned the Regular Meeting at 6:46 p.m. RESPECTFULLY SUBMITTED: _____________________________________ CHRISTIAN GOWAN CITY CLERK NOTE: These Minutes were approved at the __________, 2020 Planning and Zoning Board/Local Planning Agency Regular Meeting. 7 PUBLIC HEARINGS AGENDA ITEM 400 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | SEPTEMBER 2, 2020 REGULAR MEETING TITLE Small-Scale | Future Land Use Map Amendment and Rezone SUMMARY The Community Development Department has received an application for a Small-Scale Future Land Use Map Amendment and Rezoning for the Sand Loch Capital Investors, LLC property, located on the north side of State Road 434, west of the intersection of DeLeon Street and State Road 434. Ordinance 2020-06 proposes to change the Future Land Use Map designation from City of Winter Springs “Low Density Residential” to “Commercial.” Ordinance 2020- 05 proposes to rezone the property from City of Winter Springs “One Family Dwelling District (R-1A)” to “Neighborhood Commercial District (C-1).” The subject property was previously part of an 8.29-acre parcel for which the City changed the Future Land Use designation from “Commercial” to “Low Density Residential” and approved a rezone from C-1 Neighborhood Commercial District to R-1A One Family Dwelling District, in Ordinances 2012- 19 and 2012-20, on January 28, 2013. The subject property is a small, remnant frontage parcel on SR 434 which was not included in the Southern Oaks Phase Three subdivision, and is not included in the Conservation Easement recorded in Seminole County Official Records, which encumbers the wetlands known as Tract E of the Southern Oaks Phase Three subdivision. The subdivision is made up of low density single family residences, which are both in the City of Winter Springs and the City of Oviedo. The surrounding area is generally characterized by low density residential and retail/office uses. The actions were premised largely upon the expanse of wetlands on the 8.29- acre property, which are now the subject of the Conservation Easement described above and designated as Tract E in the Southern Oaks Phase Three plat, as the presence of the wetlands and proximity to low-density single- family development rendered the larger parcel unconducive to commercial development. The separation and preservation of the wetlands has created changed circumstances in which the much smaller, 0.82-acre subject property 8 may be appropriately used for limited commercial development up to 5,000 SF. The applicant desires to change the Future Land Use designation of the Property from “Low Density Residential” to “Commercial” and rezone the Property from “One Family Dwelling District” (R-1A) to “C-1 Neighborhood Commercial District” (C-1) for the intended purpose of developing a single commercial building with associated parking and stormwater facilities. RECOMMENDATION Staff recommendation is for the Planning and Zoning Board / Land Planning Agency to forward two separate recommendations. The first Staff recommendation is for Planning and Zoning Board / Land Planning Agency to forward a recommendation of approval of Ordinance 2020-06 to the City Commission. The second Staff recommendation is for Planning and Zoning Board / Land Planning Agency to forward a recommendation of approval of Ordinance 2020-05 to the City Commission. 9 PUBLIC HEARINGS AGENDA ITEM 400 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY WEDNESDAY, SEPTEMBER 2, 2020 | REGULAR MEETING TITLE Small-Scale | Future Land Use Map Amendment and Rezone SUMMARY The Community Development Department requests that the Local Planning Agency/Planning & Zoning Board hold a Public Hearing to consider Ordinances 2020-05 and 2020-06 for the Small-Scale Future Land Use Map Amendment and Rezone for the ±0.82-acre lot located on the north side of State Road 434, west of the intersection of DeLeon Street and State Road 434. General Information Applicant Dwight Saathoff Property Owner(s) Sand Loch Capital Investors, LLC Location West State Road 434, Oviedo, FL 32765 Tract Size ±0.82-Acre Lot Parcel ID Number 25-20-31-5BA-0000-019A Zoning Designation One-Family Dwelling Districts | R-1A S.R. 434 Corridor Overlay District FLUM Designation Low Density Residential Adjacent Land Use North: R-1A East: R-1A South: State Road 434 West: C-1 Development Standards S.R. 434 Corridor Overlay District Front: Minimum 0-feet, Maximum 100-feet Rear: Minimum 10-feet Side: Minimum 10-feet Building Height: No building shall exceed five (5) stories in height 10 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 2 OF 13 Development Permits Not Applicable | Vacant Development Agreement Development Agreement | August 21, 2020 Code Enforcement Not Applicable City Liens Not applicable REQUEST: The Community Development Department has received an application for a Small-Scale Future Land Use Map Amendment and Rezoning for the Sand Loch Capital Investors, LLC property, located on the north side of State Road 434, west of the intersection of DeLeon Street and State Road 434. Ordinance 2020-06 proposes to change the Future Land Use Map designation from City of Winter Springs “Low Density Residential” to “Commercial.” Ordinance 2020- 05 proposes to rezone the property from City of Winter Springs “One Family Dwelling District (R-1A)” to “Neighborhood Commercial District (C-1).” One hundred and forty-nine (149) Notices were mailed to property owners within 500 feet of the subject property. Procedural History: January 28, 2013 Ordinances 2012-19 and 2012-20 Future Land Use Designation and Rezone January 28, 2020 Application Submittal July 9, 2020 Community Workshop BACKGROUND: The subject property was previously part of an 8.29-acre parcel for which the City changed the Future Land Use designation from “Commercial” to “Low Density Residential” and approved a rezone from C-1 Neighborhood Commercial District to R-1A One Family Dwelling District, in Ordinances 2012- 19 and 2012-20, on January 28, 2013. The subject property is a small, remnant frontage parcel on SR 434 which was not included in the Southern Oaks Phase Three subdivision, and is not included in the Conservation Easement recorded in Seminole County Official Records, which encumbers the wetlands known as Tract E of the Southern Oaks Phase Three subdivision. The subdivision is made up of low density single family 11 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 3 OF 13 residences, which are both in the City of Winter Springs and the City of Oviedo. The surrounding area is generally characterized by low density residential and retail/office uses. The actions were premised largely upon the expanse of wetlands on the 8.29- acre property, which are now the subject of the Conservation Easement described above and designated as Tract E in the Southern Oaks Phase Three plat, as the presence of the wetlands and proximity to low-density single-family development rendered the larger parcel unconducive to commercial development. The separation and preservation of the wetlands has created changed circumstances in which the much smaller, 0.82-acre subject property may be appropriately used for limited commercial development up to 5,000 SF. The applicant desires to change the Future Land Use designation of the Property from “Low Density Residential” to “Commercial” and rezone the Property from “One Family Dwelling District” (R-1A) to “C-1 Neighborhood Commercial District” (C-1) for the intended purpose of developing a single commercial building with associated parking and stormwater facilities. DEVELOPMENT TRENDS: 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. 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 2020-06, the applicant is requesting the City of Winter Springs “Commercial” land use designation on the 0.82 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 12 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 4 OF 13 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 construct a roundabout to alleviate traffic concerns. Seminole County is currently in the procurement phase with an estimated construction start date of 2023; the proposed rezoning is estimated to have minimal impact on the proposed project. Availability of Access: Future commercial/office development will have access to State Road 434 via the use of a Cross Access Easement Agreement with the adjacent parcel, currently occupied by the Ladybird Academy. FDOT, the permitting agency for driveway connections to State Road 434, has determined that they will not grant independent ingress and egress to SR 434 at this location and a Cross Access Easement Agreement will accompany the application for future development. 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 proposed roundabout is complete. POTABLE WATER: The City has a 12 inch water main across the frontage of the subject property on the north side of SR 434. WASTEWATER: Wastewater is available from a 6 inch force main on the north side of SR 434 at the western end of the Lady Bird Academy property – the Sand Loch property would need to install their own pump station and a force main to this location. The Lady Bird Academy lift station is located on the western side of their building so it is not feasible to connect with a gravity pipeline. RECLAIMED WATER: Facilities serving the subject property: None currently. The City does not have any reuse pipelines in this area. 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 13 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 5 OF 13 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. 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 “One-Family Dwelling Districts (R-1A)” to City of Winter Springs to “Neighborhood Commercial District (C-1)” with a "S.R. 434 Corridor Overlay District,” will not result in any nuisance potential for the surrounding properties, since future commercial development would be compatible with the prior “Neighborhood Commercial District,” future land use designation that was changed in 2012, and the subject property is within a mixed use (residential and commercial) Corridor. NATURAL RESOURCES COMPATIBILITY: The subject property is not located within a "Conservation Overlay." An Environmental Impact Study will be required to be submitted and approved by the City during an 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 14 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 6 OF 13 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. WILDLIFE An Environmental Assessment Report will be required to be submitted and approved by the City during an application for future development. FUTURE LAND USE MAP (FLUM) AMENDMENT ANALYSIS: City of Winter Springs Code of Ordinances Section 15-36; The recommendation of the staff shall be based on the following minimum factors, if applicable: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region; The proposed amendment is not expected to have an adverse effect on the City’s budget. The proposed FLUM amendment will make the property consistent with other FLUM designations in the surrounding area. (2) Whether the proposed amendment will diminish or negatively impact the Level of Service (LOS) of public facilities; In accordance with the Comprehensive Plan, the current zoning and FLU allows for a maximum of 3.5 dwelling units per gross acre, yielding a maximum of 2.8 dwelling units for the subject site. Although a Commercial future land use and corresponding construction of a 5,000 square foot commercial building may result in more of an impact on public facilities, Public Works has determined that there should be enough capacity across the board for this proposed development as described above, which will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; There are no foreseen impacts on environmental, natural resources, or historical resources of the City or the region. 15 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 7 OF 13 (4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Planning Council, as amended from time to time; The proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan. (5) Whether the City is able to provide adequate service from public facilities to the affected property, if the proposed amendment is granted, and whether the proposed amendment will promote the cost/effective use of or unduly burden public facilities; Although a Commercial future land use and corresponding construction of a 5,000 square foot commercial building may result in more of an impact on public facilities, the City will still be able to provide adequate services from public facilities to the adjacent and affected property. (6) Whether the proposed amendment is compatible with surrounding neighborhoods and land use; The surrounding neighborhoods and land use are similar and compatible to that of the subject property to the west. Low density residential properties to the east and south are buffered respectively by a protected wetland and SR 434. (7) Whether approval of the proposed amendment will cause the Comprehensive Plan to be internally inconsistent; The proposed amendment is consistent with the goals, objectives, and policies of the City of Winter Springs Comprehensive Plan. (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and The are no foreseen adverse impacts of this project on the public health, safety, welfare, economic order, or aesthetics of the city or region. (9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes; Not applicable. (10) Whether the proposed amendment is consistent and in compliance with law; and The proposed amendment is consistent and in compliance with law. (11) Whether the proposed amendment is consistent, and not in conflict, with the legislative policy directives established by the City Commission including, but not limited to, those set forth in the City's Comprehensive Plan and City Code, adopted master plans, economic development goals and objectives, community redevelopment plans, and brownfield areas. The proposed amendment is consistent and in compliance with legislative policies established by the city commission, including the comprehensive plan and city code, adopted master plans, economic development goals and objectives, community redevelopment plans, and brownfield areas established for 16 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 8 OF 13 development in C-1 districts, by providing the potential for light retail sales and services and office-oriented professional services which will serve the adjacent communities.. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the City of Winter Springs Code of Ordinances Section 20-31(d): All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in compliance with all procedural requirements established by the City Code and law; 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) The proposed rezoning change is consistent with the City's Comprehensive Plan including, but not limited to, the Future Land Use Map and the proposed change would not have an adverse effect on the Comprehensive Plan; The proposed rezoning change is consistent with the City’s Comprehensive Plan Amendment as detailed in Ordinance 2020-05 and the proposed change will not have an adverse effect on the proposed comprehensive plan amendment. (3) The proposed rezoning change is consistent with any Master Plan applicable to the property; Not applicable. (4) The proposed rezoning change is not contrary to the land use pattern established by the City's Comprehensive Plan; The proposed rezoning from “R- 1A” to “C-1” is appropriate and compatible with the land use pattern established by the City’s Comprehensive Plan. Surrounding properties adjacent and to the west of the subject property have compatible Future Land Use and Zoning designations of C-1. (5) The proposed rezoning change would not create a spot zone prohibited by law; The proposed zoning designation is compatible with the surrounding area and does not create a spot zone, as the adjacent parcel to the west is also zoned C-1 with a Commercial FLU. (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; The proposed rezoning does not alter the population density pattern. In accordance with the Comprehensive Plan, the current zoning and FLU allows for a maximum of 3.5 dwelling units per gross acre, yielding a 17 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 9 OF 13 maximum of 2.8 dwelling units for the subject site. However, although there may be more of an impact on public facilities for a 5,000 square foot commercial building, Public Works has determined that there should be enough capacity across the board for this proposed development, which will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan; The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn due to the surrounding zoning designations, as well as the land use pattern established by the City’s Comprehensive Plan which include commercial properties to the west. Low density residential neighborhoods to the east are buffered by the wetland conservation easement of Southern Oaks subdivision Phase Three, Tract E. (8) Changed or changing conditions make the proposed rezoning necessary; As stated above, the adoption of prior Ordinances 2012-19 and 2012-20 changed the Future Land Use designation from “Commercial” to “Low Density Residential” and approved a rezone from C-1 Neighborhood Commercial District to R-1A One Family Dwelling District. These ordinances At this time, the reversal of these ordinances is warranted because the action is limited to a very small 0.82-acre property that was not platted during the Southern Oaks subdivision process. This 0.82-acre parcel is no longer encumbered by wetlands, which are protected via a conservation easement and included in the Southern Oaks subdivision, Tract E. In addition, this 0.82-acre parcel is located directly adjacent to commercial development, currently the Ladybird Academy, and is buffered from the low density residential neighborhoods to the east by the protected wetland and to the south by SR 434. The elimination of the previous challenges to commercial development and reduction of the scope of the commercial development to a much smaller parcel constitute changed circumstances justifying the proposed rezoning. (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; In accordance with the Comprehensive Plan and City Code, the proposed commercial structure may not exceed 50 feet in height and may have a maximum floor area ratio (FAR) of 0.50 thus not impeding light and air to adjacent areas. There is a separation between this parcel and Southern Oaks residential lots due to conservation easement. The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed 18 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 10 OF 13 rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11) The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent 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) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; The proposed rezoning does not constitute a grant of privilege to an individual owner as contrasted with the public welfare. (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; The proposed rezoning change is compatible with the surrounding neighborhood and meets the needs of the City due to the already existing commercial land uses in the area. In addition, due to the proximity of low density residential neighborhoods, the Development Agreement accompanying the rezoning restricts the permitted uses to the following, which are intended to reduce potential impacts such as traffic and noise: 1. Animal hospitals and veterinary clinics (with no outside kennels) 2. Art supplies and picture framing shops 3. Artists’ (such as painters, sculptures, and craft makers) studios 4. Cleaners, Alterations, Tailoring and Shoe Repair 5. Confectionary and ice cream stores (including outside dining) 6. Dance and music studios 7. Health and exercise clubs and athletic training facilities 8. Interior decorating and draperies 9. Office a. Advertising Agencies b. Attorney c. Bookkeeper d. Dental e. Insurance f. Medical g. Professional and Business h. Title Companies i. Travel Agency 10. Pet shops and grooming 11. Photographic studios 12. Limited retail uses as follows: 19 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 11 OF 13 a. Art supplies and picture framing shops b. Bakery c. Bicycle d. Bookstore e. Hardware f. Health Food g. Florist h. Office and Stationary Supplies 13. Swimming pool sales, service and supplies (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city. The proposed rezoning does not violate and applicable land use regulations adopted by the City. The proposed Ordinances were advertised in the Orlando Sentinel on August 23, 2020. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Florida Statutes 163.2511-163.3246: Growth Policy; County and Municipal Planning; Land Development Regulation (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. Code of Ordinances City of Winter Springs. Section 4.06 General powers and duties. Section 4.15 Ordinances in General. Section 20-31 Rezoning Division 4. - R-1AA and R-1A One-Family Dwelling Districts City of Winter Springs Comprehensive Plan. FISCAL IMPACT: The proposed rezoning of the property from (One-Family Dwelling District (R-1A)) to (Neighborhood Commercial (C-1)) has the potential to increase taxable value through a commercial enterprise. 20 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 12 OF 13 STAFF RECOMMENDATION: Staff recommends that the Local Planning Agency/Planning & Zoning Board hold a Public Hearing and make two (2) separate motions as follows: 1) Forward a recommendation of approval to the City Commission for Ordinance 2020-06, which proposes Small-Scale Future Land Use Map Amendment for approximately ±0.82-acre lot, generally located at West State Road 434, subject to the following conditions: - The Future Land Use Map amendment shall be contingent upon the execution of the Development Agreement attached to this Staff Report and subject to the conditions contained therein 2) Forward a recommendation of approval to the City Commission for Ordinance 2020-05, which proposes Rezoning from R-1A to C-1 for approximately 0.82 acres, generally located at West State Road 434, subject to the following conditions: - The Rezoning shall be contingent upon the execution of the Development Agreement attached to this Staff Report and subject to the conditions contained therein; - The property shall be substantially developed in accordance with the Land Use Plan attached as Exhibit B to the Development Agreement; and - The property shall be subject to the certain use restrictions as established in the Development Agreement. The following limited uses shall be permitted on the property: 1. Animal hospitals and veterinary clinics (with no outside kennels) 2. Art supplies and picture framing shops 3. Artists’ (such as painters, sculptures, and craft makers) studios 4. Cleaners, Alterations, Tailoring and Shoe Repair 5. Confectionary and ice cream stores (including outside dining) 6. Dance and music studios 7. Health and exercise clubs and athletic training facilities 8. Interior decorating and draperies 9. Office a. Advertising Agencies b. Attorney c. Bookkeeper 21 PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, SEPTEMBER 2, 2020 | PAGE 13 OF 13 d.Dental e.Insurance f.Medical g.Professional and Business h.Title Companies i.Travel Agency 10.Pet shops and grooming 11.Photographic studios 12.Limited retail uses as follows: a.Art supplies and picture framing shops b.Bakery c.Bicycle d.Bookstore e.Hardware f.Health Food g.Florist h.Office and Stationary Supplies 13.Swimming pool sales, service and supplies ATTACHMENTS: Exhibit 1 – Vicinity and Aerial Maps Exhibit 2 – Proposed Rezoning and FLU Map Exhibit 3 – Ordinance 2020-05 Exhibit 4 – Ordinance 2020-06 Exhibit 5 – Development Agreement Exhibit 6 – Small Scale Rezone Application -December, 2019 Exhibit 7 – FLUM Application-December, 2019 Exhibit 8 - Notice Letter Exhibit 9 - Legal Advertisement 22 Currently, the property has a Future Land Use of Low Density Residential (LDR) and is zoned Residential (R-1A). The applicant is requesting to change the Future Land Use to Commercial (C) and to rezone the property to C-1 (Neighborhood Commercial) Parcel ID: 25-20-31-5BA-0000-019A 23 24 25 City of Winter Springs Ordinance No. 2020-06 Page 1 of 4 ORDINANCE NO. 2020-06 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 ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF APPROXIMATELY 0.81 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434, 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 “LOW-DENSITY RESIDENTIAL” 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 , 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 Comprehensive Plan Amendment is subject to the conditions provided for and agreed to in the Development Agreement between the property owner and the City; 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 26 City of Winter Springs Ordinance No. 2020-06 Page 2 of 4 Springs. 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, sections 163.3161, et. seq., Florida Statutes. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated herein as part 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 “Low-density Residential” Future Land Use to the “Commercial” Future Land Use, subject to the conditions provided for and agreed to in the Development Agreement between the property owner and the City. 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 order, 27 City of Winter Springs Ordinance No. 2020-06 Page 3 of 4 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 , 2020. Charles Lacey, Mayor ATTEST: Christian Gowan, 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: 28 City of Winter Springs Ordinance No. 2020-06 Page 4 of 4 EXHIBIT A Legal Description and Depiction of Property COMMENCE AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN N 89 DEGREES 41 MINUTES 15 SECONDS E, ALONG THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 3, 20.00 FEET; THENCE RUN S 00 DEGREES 21 MINUTES 21 SECONDS E, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BEACON STREET AND THE NORTHERLY EXTENSION THEREOF; 316.87 FEET TO THE POINT OF BEGINNING; THENCE RUN S 72 DEGREES 55 MINUTES 05 SECONDS E, 59.18 FEET; THENCE RUN N 87 DEGREES 16 MINUTES 54 SECONDS E, 66.11 FEET; THENCE RUN S 00 DEGREES 34 MINUTES 02 SECONDS E, 286.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 434; THENCE RUN S 00 DEGREES 33 MINUTES 43 SECONDS E, ALONG SAID RIGHT-OF-WAY, 35.00 FEET; THENCE RUN S 89 DEGREES 26 MINUTES 17 SECONDS W, ALONG SAID RIGHT-OF-WAY, 123.70 FEET TO THE EASTERLY RIGHT-OF-WAY OF BEACON STREET; THENCE RUN N 00 DEGREES 21 MINUTES 21 SECONDS W, ALONG SAID EASTERLY RIGHT-OFWAY, 336.45 FEET TO THE POINT OF BEGINNING. Parcel ID: 25-20-31-5BA-0000-019A 29 City of Winter Springs Ordinance No. 2020-05 Page 1 of 4 ORDINANCE NO. 2020-05 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 APPROXIMATELY 0.81 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM “ONE FAMILY DWELLING DISTRICT” (R-1A) TO “ NEIGHBORHOOD COMMERCIAL DISTRICT” (C-1); 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 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 zoning change herein is subject to the conditions provided for and agreed to in the Development Agreement between the property owner and the City; 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. 30 City of Winter Springs Ordinance No. 2020-05 Page 2 of 4 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 “One Family Dwelling District” (R-1A) to “Neighborhood Commercial” (C-1), subject to the conditions provided for and agreed to in the Development Agreement between the property owner and the City. Exhibit “A” is attached hereto and fully incorporated herein by this reference. 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. 2020- as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2020- does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of _, 2020. Charles Lacey, Mayor ATTEST: 31 City of Winter Springs Ordinance No. 2020-05 Page 3 of 4 Christian Gowan, 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: 32 City of Winter Springs Ordinance No. 2020-05 Page 4 of 4 EXHIBIT A Legal Description and Depiction of Property COMMENCE AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN N 89 DEGREES 41 MINUTES 15 SECONDS E, ALONG THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 3, 20.00 FEET; THENCE RUN S 00 DEGREES 21 MINUTES 21 SECONDS E, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BEACON STREET AND THE NORTHERLY EXTENSION THEREOF; 316.87 FEET TO THE POINT OF BEGINNING; THENCE RUN S 72 DEGREES 55 MINUTES 05 SECONDS E, 59.18 FEET; THENCE RUN N 87 DEGREES 16 MINUTES 54 SECONDS E, 66.11 FEET; THENCE RUN S 00 DEGREES 34 MINUTES 02 SECONDS E, 286.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 434; THENCE RUN S 00 DEGREES 33 MINUTES 43 SECONDS E, ALONG SAID RIGHT-OF-WAY, 35.00 FEET; THENCE RUN S 89 DEGREES 26 MINUTES 17 SECONDS W, ALONG SAID RIGHT-OF-WAY, 123.70 FEET TO THE EASTERLY RIGHT-OF-WAY OF BEACON STREET; THENCE RUN N 00 DEGREES 21 MINUTES 21 SECONDS W, ALONG SAID EASTERLY RIGHT-OFWAY, 336.45 FEET TO THE POINT OF BEGINNING. Parcel ID: 25-20-31-5BA-0000-019A 33 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 1 of 13 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 DEVELOPMENT AGREEMENT (Sand Loch – Future Land Use Change and Rezoning) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this ______ day of _________________, 2020, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (“City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and SAND LOCH CAPITAL INVESTORS, LLC, a Florida corporation (“Developer”), whose address is 7575 Dr. Phillips Blvd, Suite 265, Orlando, Florida 32819. WITNESSETH: WHEREAS, Developer is the owner of approximately 0.82 acres, more or less, of real property located west of Hammock Lane, Winter Springs, Seminole County, Florida, more particularly described herein (“Property”); and WHEREAS, the Property is a small, remnant frontage parcel on SR 434 which was not included in the Southern Oaks Phase Three subdivision, recorded in the Seminole County Plat Book 81, Pages 72-74, and also not included in the Conservation Easement recorded in Seminole County Official Records, Book 8466, Pages 1354-1365, which encumbers the wetlands known as Tract E of the Southern Oaks Phase Three subdivision; and WHEREAS, the Developer desires to change the Future Land Use designation of the Property from “Low Density Residential” to “Commercial” and rezone the Property from “One Family Dwelling District” (R-1A) to “C-1 Neighborhood Commercial District” (C-1) for the intended purpose of developing a single commercial building with associated parking and stormwater facilities; and WHEREAS, the Property was previously part of an 8.29-acre parcel for which the City changed the Future Land Use designation from “Commercial” to “Low Density Residential” and FOR RECORDING DEPARTMENT USE ONLY 34 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 2 of 13 approved a rezone from C-1 Neighborhood Commercial District to R-1A One Family Dwelling District, in Ordinances 2012-19 and 2012-20, on January 28, 2013; and WHEREAS, these actions were premised largely upon the expanse of wetlands on the 8.29-acre property, which are now the subject of the Conservation Easement described above and designated as Tract E in the Southern Oaks Phase Three plat, as the presence of the wetlands and proximity to low-density single-family development rendered the larger parcel unconducive to commercial development; and WHEREAS, given that the separation and preservation of the wetlands has created changed circumstances in which the much smaller, 0.82-acre subject Property may be appropriately used for limited commercial development, the City Commission desires to approve the Developer’s request to change the Future Land Use designation and rezone the Property, subject to the conditions contained in this Agreement; and WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the Winter Springs City Code (“City Code”), a community workshop for the Project was held on July 9, 2020; and WHEREAS, Section 20-29(c) of the City Code requires that all rezonings shall be binding on the use of the subject property and, further, that as a condition of approval by the City Commission, all development projects requiring a community workshop pursuant to Section 20- 29.1 of the City Code shall be required to be memorialized in a binding development agreement; and WHEREAS, Section 20-31 of the City Code provides that speculative rezoning of land is very disfavored by the city and that, in conjunction with a rezoning application, the Developer shall be required to fully disclose any proposed new development project that will be pursued by the applicant if the proposed rezoning request is approved; and WHEREAS, in the compliance with City Code, the Developer has included a general land use plan as described further herein, which shall be deemed to be binding on the Property, and the change of zoning shall be deemed to be granted in reliance on said land use plan; and WHEREAS, in approving a rezone, the City Commission may include use restrictions greater than those otherwise specified for that particular zoning district; and WHEREAS, this Development Agreement shall be recorded against the property so that the terms and conditions of approval herein shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 35 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 3 of 13 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Property. The real property subject to this Agreement has a tax parcel identification number of 25-20-31-5BA-0000-019A and is legally described in EXHIBIT “A”, attached hereto and fully incorporated herein by this reference (“Property”). 4.0 Project Description and Requirements. The Developer agrees that the Property shall be developed as a single commercial building, approximately 5,000 square feet in size and a maximum of 50 feet in height. The commercial building is intended to be capable of being used for various limited commercial, retail, office, and clinic uses as described further herein. (Hereinafter, the project description and requirements are referred to as the “Project”). 5.0 Land Use Plan. The Project shall be substantially developed in accordance with the land use plan which is attached hereto as EXHIBIT “B” and incorporated herein by this reference (“Land Use Plan”). The Land Use Plan is intended to be the general blueprint which details key aspects of the future physical development of the Property. The Land Use Plan shall also serve as a necessary guide for future permit applications and permitting necessary to complete the construction of the Project. Developer shall have the obligation to further submit and obtain the City’s approval of a final site plan and final engineering plans and aesthetic review (“Final Engineering Plans”) consistent with the Land Use Plan in all material respects and in compliance with the City Code. Developer acknowledges and agrees that the Land Use Plan was not created with specific surveyed dimensions and that during the Final Engineering Plan process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable City Codes. The Land Use Plan shall be subject to reasonable adjustments at the Final Engineering Plan phase in order to bring the Project into full compliance with the City Code, and as a result, the exact location, layout and dimensions of the building, landscaping, entrances, utilities, parking and other site improvements may vary slightly between Land Use Plan approval and approval of the Final Engineering Plans. These changes shall be allowed as long as the changes are consistent with the development standards noted in this Agreement and preserve the general character of the development shown on the Land Use Plan. 6.0 Permitted Uses. The Developer agrees that the Property is situated between commercial development to the west, currently a child care facility, and single-family development and wetlands to the east and south. As a consequence, the City Commission herein imposes certain use restrictions greater than those otherwise specified in the C-1 zoning district to ensure any negative impacts of the commercial development are minimized and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: 1. Animal hospitals and veterinary clinics (with no outside kennels) 2. Art supplies and picture framing shops 3. Artists’ (such as painters, sculptures, and craft makers) studios 36 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 4 of 13 4. Cleaners, Alterations, Tailoring and Shoe Repair 5. Confectionary and ice cream stores (including outside dining) 6. Dance and music studios 7. Health and exercise clubs and athletic training facilities 8. Interior decorating and draperies 9. Office a. Advertising Agencies b. Attorney c. Bookkeeper d. Dental e. Insurance f. Medical g. Professional and Business h. Title Companies i. Travel Agency 10. Pet shops and grooming 11. Photographic studios 12. Limited retail uses as follows: a. Art supplies and picture framing shops b. Bakery c. Bicycle d. Bookstore e. Hardware f. Health Food g. Florist h. Office and Stationary Supplies 13. Swimming pool sales, service and supplies The Developer acknowledges and agrees that no other uses shall be permitted on the Property, including, but not limited to, retail sales of alcohol or retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). 7.0 Future Permitting. Within thirty-six (36) months from the Effective Date of this Agreement, the Developer, at its expense, shall prepare and file all required applications, information, and engineering plans with the City that are necessary to obtain Final Engineering approval for the Project consistent with the Land Use Plan. The Developer shall obtain Final Engineering approval within forty-eight (48) months of the Effective Date of this Agreement. If the Project fails to obtain such final approval from the City within the aforesaid forty-eight (48) months, the City shall have the right to declare the Developer in default pursuant to Section 24.0 of this Agreement. If the Developer does not cure the default within the cure period, the City shall have the right, but not obligation to, terminate this Agreement without penalty as provided herein. 37 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 5 of 13 8.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Developer, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon acquisition of the Property by the Developer and the recording of this Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding obligation upon the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding himself and the Property to the terms and conditions set forth in this Agreement. 9.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same upon being duly recorded against the Property by the City. 10.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida. 11.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 12.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 13.0 Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 14.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 15.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the Public Records of Seminole County, Florida by the City. 16.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the 38 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 6 of 13 parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City’s right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City’s potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 18.0 City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 19.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 20.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 21.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 22.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney’s fees and costs. 23.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City’s police powers, the City reserves the right to withhold, suspend or terminate any and all certificates of occupancy for any building, trailer, structure or unit if Developer is in breach of any term and condition of this Agreement. 24.0 Default. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue 39 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 7 of 13 whatever remedies are available to it under Florida law or equity including, without limitation, termination of this Agreement or an action for specific performance and/or injunctive relief. In addition, Developer specifically acknowledges and agrees that violations of this Agreement will also constitute a violation of the Zoning Ordinances of the City, and this Agreement may be enforced in the manner of zoning code violations pursuant to the City Code. Prior to any party filing any court action as a result of a default under this Agreement, the non-defaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the non-defaulting party prior to filing said action. 25.0 Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Developer fails to comply with the Future Permitting requirements of Section 7.0. In addition, the City shall have the right, but not obligation, to terminate the Agreement if Developer permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure to the defaulting party as set forth in Section 24.0 above. If the City terminates this Agreement, the City shall record a notice of termination against the Property in the public records of Seminole County, Florida. Upon termination for any reason, the City may initiate a Future Land Use designation amendment and rezoning of the Property to the preexisting designation and zoning district (Low Density Residential/R-1A), the advertising and noticing costs of which shall be borne by the Developer. In that circumstance, the Developer hereby waives the right to object to, contest, or support others in objecting to or contesting the City’s efforts to initiate such Future Land Use designation amendment and rezoning of the Property to its preexisting designation and zoning district. 26.0 Indemnification and Hold Harmless. Developer shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Developer hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney’s fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer’s contractor’s and subcontractor’s performance of design, permit and construction activities in furtherance of constructing the Project under this Agreement and the operation and maintenance of the Project thereafter. This indemnification shall survive the termination of this Agreement. 27.0 Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period (“Time Period”) constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City’s own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions (“Uncontrollable Event”), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period 40 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 8 of 13 proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 28.0 Notice. Whenever either party desires to give notice to the other, notice shall be sent by hand delivery or certified mail, return receipt requested, and shall be sent to: For the City: Shawn Boyle, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 With additional notice to: Anthony A. Garganese, City Attorney Garganese, Weiss, D’Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 For Developer: Either party may freely modify their respective contact person and address contained in this Paragraph by providing written notice of the modification to the other party. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; and if mailed, on the third business day after mailing. 29.0 Assignment. Prior to completing the construction of the Project and reaching final build-out of the Project, Developer shall not assign this Agreement without the prior written consent of the City. Such assignment shall also require the written approval of the City by amendment to this Agreement, which shall not require a public hearing and shall not be unreasonably withheld. However, Developer shall be entitled to assign its rights and obligations under this Agreement to a parent, subsidiary, or affiliated entity in which Developer or its members are members or interest holders without City consent, provided that the City is given notice of such assignment in accordance with Section 28.0 herein. Any assignment authorized by this subparagraph shall require the assignee to be a formal signatory to this Agreement and fully assume all of Developer’s obligations, commitments, representations, and warranties under 41 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 9 of 13 this Agreement. In any assignment, the rights and obligations contained herein shall be binding on successors in interest to the Property, and the terms and conditions of this Agreement shall bind and inure to the benefit of the parties hereto and any respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: Charles Lacey, Mayor ATTEST: By: Christian Gowan, Interim City Clerk Date: CITY SEAL APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this day of _____________, 2020, by Charles Lacey, Mayor of THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, on behalf of the 42 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 10 of 13 corporation. He is personally known to me or has produced __________ as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: ________________ Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness SAND LOCH CAPITAL INVESTORS, LLC Print name and title: ________________________ Date: _______________ STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this ______ day of ___________, 2020, by____________________, the __________________ of Sand Loch Capital Investors, LLC,. He/she is personally known to me or produced ___________________ as identification. 43 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 11 of 13 (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. 44 DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 12 of 13 EXHIBIT A Legal Description COMMENCE AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN N 89 DEGREES 41 MINUTES 15 SECONDS E, ALONG THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 3, 20.00 FEET; THENCE RUN S 00 DEGREES 21 MINUTES 21 SECONDS E, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BEACON STREET AND THE NORTHERLY EXTENSION THEREOF; 316.87 FEET TO THE POINT OF BEGINNING; THENCE RUN S 72 DEGREES 55 MINUTES 05 SECONDS E, 59.18 FEET; THENCE RUN N 87 DEGREES 16 MINUTES 54 SECONDS E, 66.11 FEET; THENCE RUN S 00 DEGREES 34 MINUTES 02 SECONDS E, 286.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 434; THENCE RUN S 00 DEGREES 33 MINUTES 43 SECONDS E, ALONG SAID RIGHT-OF-WAY, 35.00 FEET; THENCE RUN S 89 DEGREES 26 MINUTES 17 SECONDS W, ALONG SAID RIGHT-OF-WAY, 123.70 FEET TO THE EASTERLY RIGHT-OF-WAY OF BEACON STREET; THENCE RUN N 00 DEGREES 21 MINUTES 21 SECONDS W, ALONG SAID EASTERLY RIGHT-OFWAY, 336.45 FEET TO THE POINT OF BEGINNING. 45 PROPERTY BOUNDARYBUILDING SETBACK LINEDATEBYDESCRIPTIONDATE BY DESCRIPTIONREVISIONSLAND USE PLAN FORW SR 434, OVIEDO, FLSEMINOLE COUNTY, FLORIDADATE:PROJECT NO.:DRAWN BY:CHECKED BY:SCALE:SHEET:PREPARED BY: STORYBOOK HOLDINGS, LLCSTORYBOOK HOLDINGS, LLCCERTIFICATE OF AUTHORIZATION NO. 33749JOSE A. CHAVES P.E.JOSE@STORYBOOKHOLDINGS.COM321-246-8811F:\LAND\2020\Winter Springs Commercial - PFD\Plans\OVERALL SITE PLAN.dwg, 7/17/2020 4:05:08 PM 02/05/20202020-01JACJACSITE DATA1. EXISTING LAND USE:VACANT RESIDENTIAL2. PROPOSED USE:COMMERCIAL3. EXISTING ZONING:R-1A4. PROPOSED ZONING:C-15. EXISTING FLU:LDR6. PROPOSED FLU:COMMERCIAL7. GROSS SITE AREA:0.81 ACRES8. DEVELOPABLE AREA:0.81 ACRES9. PROPOSED BUILDING AREA: 5,000 GROSS SF10.FLOOR AREA RATIOMAX ALLOWED FAR:0.50PROVIDED FAR : 0.163(GROSS BLDG AREA / GROSS SF SITE AREA)11.PHASING: PROJECT WILL BE DEVELOPED IN ONE (1) PHASE12.PARKING:REQUIRED:1 SPACE PER 300 SF (WS LDC SEC. 9-277 (27)(5,000SF)/(300 SF)*1 SPACES17 PARKING SPACES1 SPACES REQUIRED TO MEET ADA STANDARDS.PROVIDED:24 STANDARD SPACES2 ADA COMPATIBLE SPACES26 TOTAL PARKING SPACES13.BUILDING SETBACKSREQUIRED:FRONT: MIN. 25 FT / MAX. 100 FTSIDE: MIN. 10 FTREAR: MIN. 10FTPROVIDED:FRONT: 25 FTSIDE: 10 FTREAR: 10 FT14.LANDSCAPE BUFFER PROVIDEDSOUTH - 10 FTEAST / WEST - 7.5 FT15.BUILDING HEIGHTS:MAXIMUM - 50 FT16.IMPERVIOUS AREA NOT TO EXCEED 75%17.THE PROPERTY IS LOCATED IN THE SR 434 CORRIDOR OVERLAY DISTRICT.LAND USE PLAN1" = 20'LUP - 01NOT FOR CONSTRUCTION1111CHANGES DUE TO CITY COMMENTS AND OR. NO. 2020-02EXHIBIT B Land Use Plan DEVELOPMENT AGREEMENT City of Winter Springs and Sand Loch Capital Investors, LLC. Page 13 of 13 46 47 48 49 50 51 52 53 54 55 56 Legal Description Parcel ID# 25-20-31-5BA-0000-019A COMMENCE AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN N 89 DEGREES 41 MINUTES 15 SECONDS E, ALONG THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 3, 20.00 FEET; THENCE RUN S 00 DEGREES 21 MINUTES 21 SECONDS E, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BEACON STREET AND THE NORTHERLY EXTENSION THEREOF; 316.87 FEET TO THE POINT OF BEGINNING; THENCE RUN S 72 DEGREES 55 MINUTES 05 SECONDS E, 59.18 FEET; THENCE RUN N 87 DEGREES 16 MINUTES 54 SECONDS E, 66.11 FEET; THENCE RUN S 00 DEGREES 34 MINUTES 02 SECONDS E, 286.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 434; THENCE RUN S 00 DEGREES 33 MINUTES 43 SECONDS E, ALONG SAID RIGHT-OF-WAY, 35.00 FEET; THENCE RUN S 89 DEGREES 26 MINUTES 17 SECONDS W, ALONG SAID RIGHT-OF-WAY, 123.70 FEET TO THE EASTERLY RIGHT-OF-WAY OF BEACON STREET; THENCE RUN N 00 DEGREES 21 MINUTES 21 SECONDS W, ALONG SAID EASTERLY RIGHT-OF- WAY, 336.45 FEET TO THE POINT OF BEGINNING. 57 This map is for informational purposes only and is not prepared for or be suitable for legal, engineering or surveying purposes. No warrenties; expressed or implied, are provided for the data herein, it's use or interpretation. 0 110 220 330 44055 ftE 58 SOUTHERN OAKS COMMUNITY ASSN INC 2600 LAKE LUCIEN DR #350 MAITLAND, FL 32751 JAMBAR REAL EST LLC 282 W SR 434 OVIEDO, FL 32765 OVIEDO CITY OF 400 ALEXANDRIA BLVD OVIEDO, FL 32765 OLIPHANT SEAN M;OLIPHANT COLLEEN C 1530 WESTCOTT LP WINTER SPRINGS, FL 32708 MORGAN THOMAS E;MORGAN CHRISTINE C 1526 WESCOTT LP WINTER SPRINGS, FL 32708 BARRINGTON ESTATES HOMEOWNERS 1250 BELLE AVE SUTIE 101 WINTER SPRINGS, FL 32708 BARRINGTON ESTATES HOMEOWNERS 1250 BELLE AVE SUITE 101 WINTER SPRINGS, FL 32708 HAMMOCK RESERVE OWNERS ASSN INC 4700 MILLENIA BLVD #515 ORLANDO, FL 32839 SAND LOCH CAPITAL INV LLC 7575 DR PHILLIPS BLVD STE 265 ORLANDO, FL 32819 59 Site DataTotal Square Feet 4,300(43' x 100')Total Parking Required 14(3 spaces/ 1000 SF)Total Parking Provided 22SetbacksFront25'Side 15' Rear 15' Site Data Total Square Feet 4,800 (53' x 90') Total Parking Required 16 (3 spaces/ 1000 SF) Total Parking Provided 18 Setbacks Front 25' Side 15' Rear 15' PARKING LOT S.R. 434 225 E. Robinson St, Suite 300 | Orlando, Florida 32801 Tel: 407.839.4006 | Fax: 407.839.4008 | www.vhborlando.com NOTE: THE INFORMATION PROVIDED ON THIS DOCUMENT SHOULD BE TREATED AS CONCEPTUAL ONLY AND MAY BE SUBJECT TO CHANGE © 2018 VHB DATE: March 14, 2018 Winter Springs Florida SAND LOCH CONCEPT PLAN 1 50’25’0’ 1 60 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org August 14, 2020 CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARINGS Notice is hereby given that the Planning & Zoning Board/Local Planning Agency (PZB/LPA) and the City Commission (CC) of the City of Winter Springs, Florida will hold public hearings at the Winter Springs City Hall Commission Chambers, 1126 East State Road 434, in order to consider the two (2) requests: A Small-Scale Future Land Use (FLU) Map Amendment and a Rezoning. Subject Property: Tax Parcel ID# 25-20-31-5BA-0000-019A Address: West State Road 434, Oviedo, FL 32765 Applicant: Sand Loch Capital Investors, LLC (Dwight Saathoff) FLU Request: Low Density Residential (LDR) to Commercial (C) Rezone Request: R-1A (Residential) to limited C-1 (Neighborhood Commercial) (up to 5,000 sq. ft.) Public Hearings: Planning & Zoning Board/Local Planning Agency (PZB/LPA) September 2, 2020 at 5:30 p.m. or soon thereafter City Commission (CC) September 14, 2020 at 6:30 p.m. or soon thereafter (First Reading) September 28, 2020 at 6:30 p.m. or soon thereafter (Second Reading) Public Participation Opportunities: Members of the public have several options to participate in the public hearing. Attendance in person will be permitted, with appropriate social distancing, in the Commission Chambers and in the lobby of City Hall, where the meeting is also televised. Interested members of the public may provide public comment and will be invited into the Chambers individually to do so if watching from the lobby. In addition, written comments are welcome in advance of the meeting by email at customerservice@winterspringsfl.org or by mail to the following address: City of Winter Springs Attn.: Marla Molina 1126 E. State Road 434 Winter Springs, FL 32708 Members of the public may view the project application, supporting documents, and the Staff Report on the City’s website at www.winterspringsfl.org. prior to attending or commenting. These documents and information pertaining to the above case may also be inspected at the Community Development Department, between 9:00 a.m. and 5:00 p.m., Monday through Friday or by calling 407-327-5963. 61 Party Intervenor Requests: Pursuant to Section 2-30 of the City Code, persons requesting to be formally declared a party intervenor for purposes of presenting factual and expert testimony and evidence at the quasi-judicial hearing are required to file an application at least seven (7) days prior to the scheduled hearing. The Party Intervenor Form is available at www.winterspringsfl.org/cd/page/party-intervenor-form or by contacting customer service at customerservice@winterspringsfl.org. General Notice Requirements: This informational notice is being provided as a courtesy to all surrounding property owners. No action is required on your part. Interested parties are hereby advised that they may appear at said hearings and be heard with respect to the application. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City Commission with respect to any matter considered at this hearing, they will need a record of the proceedings and that for such purpose, affected persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Local Planning Agency and City Commission reserve the right to continue or postpone hearings to a date certain without re-advertising. The Planning and Zoning Board/Local Planning Agency meeting may include the attendance of one (1) or more members of the City Commission, who may or may not participate in the Board discussions held at its public hearing. The facility wherein this public meeting will be held is accessible to the physically handicapped. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the Interim City Clerk of the City of Winter Springs, listed below, at least 48 hours prior to the meeting: Christian Gowan, Interim City Clerk, 1126 E. State Road 434, Winter Springs, by telephone at 407-327-5955 or via email at cityclerkdepartment@winterspringsfl.org. Please find enclosed a location map for subject property. If there are any questions or clarifications necessary, please feel free to contact me at 407-327-5967 mmolina@winterspringsfl.org or John Cooper at 407-327-5977 jcooper@winterspringsfl.org. Sincerely, Marla Molina Senior City Planner 62 Project Site Parcel ID# 25-20-31-5BA-0000-019A SUBJECT PROPERTY 63 64 65 66 67 68 69 Legal Description Parcel ID# 25-20-31-5BA-0000-019A COMMENCE AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN N 89 DEGREES 41 MINUTES 15 SECONDS E, ALONG THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 3, 20.00 FEET; THENCE RUN S 00 DEGREES 21 MINUTES 21 SECONDS E, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BEACON STREET AND THE NORTHERLY EXTENSION THEREOF; 316.87 FEET TO THE POINT OF BEGINNING; THENCE RUN S 72 DEGREES 55 MINUTES 05 SECONDS E, 59.18 FEET; THENCE RUN N 87 DEGREES 16 MINUTES 54 SECONDS E, 66.11 FEET; THENCE RUN S 00 DEGREES 34 MINUTES 02 SECONDS E, 286.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 434; THENCE RUN S 00 DEGREES 33 MINUTES 43 SECONDS E, ALONG SAID RIGHT-OF-WAY, 35.00 FEET; THENCE RUN S 89 DEGREES 26 MINUTES 17 SECONDS W, ALONG SAID RIGHT-OF-WAY, 123.70 FEET TO THE EASTERLY RIGHT-OF-WAY OF BEACON STREET; THENCE RUN N 00 DEGREES 21 MINUTES 21 SECONDS W, ALONG SAID EASTERLY RIGHT-OF- WAY, 336.45 FEET TO THE POINT OF BEGINNING. 70 This map is for informational purposes only and is not prepared for or be suitable for legal, engineering or surveying purposes. No warrenties; expressed or implied, are provided for the data herein, it's use or interpretation. 0 110 220 330 44055 ftE 71 SOUTHERN OAKS COMMUNITY ASSN INC 2600 LAKE LUCIEN DR #350 MAITLAND, FL 32751 JAMBAR REAL EST LLC 282 W SR 434 OVIEDO, FL 32765 OVIEDO CITY OF 400 ALEXANDRIA BLVD OVIEDO, FL 32765 OLIPHANT SEAN M;OLIPHANT COLLEEN C 1530 WESTCOTT LP WINTER SPRINGS, FL 32708 MORGAN THOMAS E;MORGAN CHRISTINE C 1526 WESCOTT LP WINTER SPRINGS, FL 32708 BARRINGTON ESTATES HOMEOWNERS 1250 BELLE AVE SUTIE 101 WINTER SPRINGS, FL 32708 BARRINGTON ESTATES HOMEOWNERS 1250 BELLE AVE SUITE 101 WINTER SPRINGS, FL 32708 HAMMOCK RESERVE OWNERS ASSN INC 4700 MILLENIA BLVD #515 ORLANDO, FL 32839 SAND LOCH CAPITAL INV LLC 7575 DR PHILLIPS BLVD STE 265 ORLANDO, FL 32819 72 Site DataTotal Square Feet 4,300(43' x 100')Total Parking Required 14(3 spaces/ 1000 SF)Total Parking Provided 22SetbacksFront25'Side 15' Rear 15' Site Data Total Square Feet 4,800 (53' x 90') Total Parking Required 16 (3 spaces/ 1000 SF) Total Parking Provided 18 Setbacks Front 25' Side 15' Rear 15' PARKING LOT S.R. 434 225 E. Robinson St, Suite 300 | Orlando, Florida 32801 Tel: 407.839.4006 | Fax: 407.839.4008 | www.vhborlando.com NOTE: THE INFORMATION PROVIDED ON THIS DOCUMENT SHOULD BE TREATED AS CONCEPTUAL ONLY AND MAY BE SUBJECT TO CHANGE © 2018 VHB DATE: March 14, 2018 Winter Springs Florida SAND LOCH CONCEPT PLAN 1 50’25’0’ 1 73 8/24/2020 Orlando Sentinel https://digitaledition.orlandosentinel.com/html5/desktop/production/print.aspx?edid=cc337f16-08b7-49e1-a987-1a7cd8850a89&type=clipping&clipping…1/274