HomeMy WebLinkAbout2020 09 28 Public Hearing 402 - Second Reading of the Sand Loch Small-Scale | Future Land Use Map Amendment and Rezone, Ordinance 2020-06 and 2020-05 • PUBLIC HEARINGS AGENDA ITEM 402
,n m=ared CITY COMMISSION AGENDA I SEPTEMBER 28, 2020 REGULAR MEETING
1454
TITLE
Second Reading of the Sand Loch Small-Scale I Future Land Use Map
Amendment and Rezone, Ordinance 2020-06 and 2020-05.
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-1 A)"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 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
198
"Low Density Residential"to"Commercial" and rezone the Property from "One Family
Dwelling District" (R-1 A)to "C-1 Neighborhood Commercial District" (C-1)for the
intended purpose of developing a single commercial building with associated parking
and stormwater facilities.
The proposed Ordinance requires several publicly noticed and advertised public
hearings including one hearing before the City's Land Planning Agency and two
hearings before the City Commission.
The City's Land Planning Agency reviewed and unanimously recommended approval
of both Ordinances at the September 2, 2020 Planning and Zoning/Local Planning
Agency meeting.
The City Commission unanimously approved the First Reading of this Ordinance at the
September 14, 2020 City Commission hearing with one modification. The modification
was to the Exhibit 5, Development Agreement page 3. The maximum height was
reduced from 50 feet to Two (2) stories.
RECOMMENDATION
Staff recommends the City Commission hold a public hearing and to make two (2)
separate motions as follows:
1. Approve the passing of Ordinance 2020-06, on second reading which proposes a
Small-Scale Future Land Use Map Amendment from Low Density Residential to
Commercial as presented in the staff report.
2. Approve the passing of Ordinance 2020-05, on second reading which proposes
Rezoning from R-1A to C-1 as presented in the staff report.
199
PUBLIC HEARINGS AGENDA ITEM 402
CITY COMMISSION AGENDA
momo «a
SEPTEMBER 28, 2020 1 REGULAR MEETING
TITLE
Sand Loch Small-Scale I Future Land Use Map Amendment and Rezone
SUMMARY
The Community Development Department requests that the City Commission
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 Sand Loch Capital Investors, LLC
Owner(s)
Location West State Road 434, Oviedo, FL 32765
Tract Size ±0.82-Acre Lot
Parcel ID 25-20-31-5BA-0000-019A
Number
Zoning One-Family Dwelling Districts I R-1A
Designation S.R. 434 Corridor Overlay District
FLUM Low Density Residential
Designation
Adjacent Land North: R-1A South: State Road 434
Use East: R-1A West: C-1
Development Front: Rear: Side: Building
Standards Minimum Minimum Minimum Height: No
S.R. 434 Corridor 0-feet, 10-feet 10-feet building shall
Overlay District Maximum exceed two (2)
100-feet stories in
height (per
Development
Agreement)
200
Development Not Applicable I Vacant
Permits
Development Development Agreement I August 21, 2020
Agreement
Code Not Applicable
Enforcement
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
September 2, 2020 PZB/LPA (Planning and Zoning Board/Local
Planning Agency), Recommendation of Approval
September 14, 2020 City Commission approval of First Reading
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.
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 2 OF 13
201
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 proximityto 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
S F.
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:
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 3 OF 13
202
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 propertywill 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.
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 4 OF 13
203
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
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.
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 5 OF 13
204
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.
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
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 6 OF 13
77
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.
(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.
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 7 OF 13
206
(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 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 bythe 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-IA" to "C-1" is appropriate and compatible with the land use pattern
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 8 OF 13
207
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 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 bythe
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. At this time, the
reversal of these ordinances is warranted because the action is limited to
a very small 0.82-acre parcel 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
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 9 OF 13
79
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
rezoning, the applicant must demonstrate that the proposed rezoning change
will not adversely affect propertyvalues 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
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, 2020 1 PAGE 10 .
209
S. 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
(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
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 11 OF 13
210
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.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing and to
make two (2) separate motions as follows:
1) Approve the passing of Ordinance 2020-06, on second reading which
proposes Small-Scale Future Land Use Map Amendment from Low
Density Residential to Commercial 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) Approve the passing of Ordinance 2020-05, on second reading 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 propertyshall be substantially developed in accordancewiththe
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
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . 1 PAGE 12 OF 13
211
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. Off ice
a. Advertising Agencies
b. Atto r n ey
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. H a rdwa re
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 2020-06
Exhibit 4- Ordinance 2020-05
Exhibit 5 - Development Agreement
Exhibit 6 - Rezone Application - December, 2019
Exhibit 7 - FLU Application-December, 2019
Exhibit 8 - Notice Letter
Exhibit 9 - Legal Advertisement
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, . . PAGE 13 OF 13
212
• 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
rFuture Land Use to Commercial (C) and to rezone the property to
C-1 (Neighborhood Commercial)
Parcel ID: 25-20-31-5BA-0000-oi9A
- F
. w
d=y
0"4" 0
_ —
.*11
TRAC
210C
1 C:w
213
N
City of Winter Springs '
W* Proposed Rezoning and FLU
Parcel Id Number 25-20-31-SBA-0000-019A
S 95Y
i
R-:-BIKI NES DR'
r
E SR 434 SR-434 JA-
Future Land Use
- Commercial -1
0 Law Density Residential Current FL&' I inch equals 425 feetY
H
-
ch
r
R HEST IM
ESR 434 jFL_.' 3 4
FLIture Lard Use
0 Lc* DE�°-r_Y F r v .al Proposed FLU 1 inch eq ua Is 425 feet
214
N
City of Winter Springs '
Proposed Rezoning and FLU
�s�
Parcel Id Number 25-20-31-SBA-0000-019A 95Y
r
F— ROBIN NEST DR
.L�
ESR 434Ak
rn A 1 l"
Zoning
M C-1
0 R-1p Current Zoning 1 inch equals 425 feet
�2
a�
:•;
F ROS@IN NE7 DR
la
E SR 434 �r� —.134
M'
Zoning
0 R 1, rQ6Rezoning1 inch equals 425 feet
215
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
City of Winter Springs
Ordinance No.2020-06
Page 1 of 4
216
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 (3 1) days after adoption, in accordance with Section
163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this
Ordinance, in which case this Ordinance shall become effective at such time as the state land
planning agency or the Administrative Commission issues a Final order determining that the
adopted small scale development amendment is in compliance. No development order,
City of Winter Springs
Ordinance No.2020-06
Page 2 of 4
217
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:
City of Winter Springs
Ordinance No.2020-06
Page 3 of 4
218
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
F` •.a
15A 19.A 4
.r
4:4
City of Winter Springs
Ordinance No.2020-06
Page 4 of 4
219
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-IA) 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.
City of Winter Springs
Ordinance No.2020-05
Page 1 of 4
220
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-IA) 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 52020.
Charles Lacey,Mayor
ATTEST:
City of Winter Springs
Ordinance No.2020-05
Page 2 of 4
221
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:
City of Winter Springs
Ordinance No.2020-05
Page 3 of 4
222
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
G i
4'
f
IM
City of Winter Springs
Ordinance No.2020-05
Page 4 of 4
223
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 FOR RECORDING DEPARTMENT USE ONLY
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-lA) 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 829-acre parcel for which the City
changed the Future Land Use designation from "Commercial"to "Low Density Residential" and
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page Iof13
224
approved a rezone from C-1 Neighborhood Commercial District to R-lA 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.
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 2of13
225
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 deet two 2 stories 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
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 3of13
226
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.
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 4of13
227
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 Annlicable 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
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 5of13
228
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 parry.
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 parry to pursue
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 6of13
229
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 parry 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 parry 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-IA), 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
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 7of13
230
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
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 8of13
231
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
Date:
ATTEST:
By:
Christian Gowan, Interim City Cleric
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL 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
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 9of13
232
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 SAND LOCH CAPITAL INVESTORS,LLC
presence of the following witnesses:
Print name and title:
Signature of Witness Date:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ( ) physical
presence or O 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.
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 10 of 13
233
(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.
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 11 of 13
234
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.
DEVELOPMENT AGREEMENT
City of Winter Springs and Sand Loch Capital Investors,LLC.
Page 12 of 13
235
co
co
C14
Z7 )
� )
z #
j
) % $ / c[
( j \ \ \ \ % { �\
«m ° ° o <
\ \ %7 2 m
) # § \
< 22 emm e
LIJ\ c / \ /_ \ \\ � C)
) ) Cl) \ 6 z822 \ 7 \
/ g ƒ $ G/ / A \ \ (
® i i / / /m o 4 2 2 e z o # o
\ » » # # _ Cl)
y \ b \
o » 5 z » o o § Io = = mo « ®
7 / % \ g / / \ / / \ \ / / \% / Z / \ \ LO
° ° �}
2
LU
Q \ \ /
Lu }
® \ ¢ / / {b
® < \ ƒ w « <
o \ .. / { 2 2 « i j w ® \
\ » ® \ \ ) ® o ® / \ ) \ k % % { ± « , ® { Cl)
/ { \ \ 5 j \ ® \ 7 \ / 5 . R 5 ) R 2 2 i { \ i % c {%
j o u g # oo z d 6 edz . % 6z . % e %
Q o w o 2 = § # o m u = e u Cl) 4 c e # u c e # I l a = » m
CD o ® o e = e z o z o g $ z@ e o z@ e
2 Cl) 2 Cl) 2 m ® c m # # s 6 6 5 & 2 < m z s < m « \ / 2 / \ { \
0 0 o Cl) o
/ ) \ \ § / \ / / \ \ 0 6 ) / �ƒ
4 Cl) \ Cl) \ \ \ Cl) \ \ 0 » _ # = a = « = z m e » = e
CC R z k « z e z = # 5 j 5 =
q m = e = m = o = _ - _ = m m § «
y a m » < m w m a / N c15�coLO
9 �
♦
♦
— — — — — — — — �
CITY OF WINTER SPRINGS
• '� COMMUNITY DEVELOPMENT DEPARTMENT
11.26 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
InSn
FAX:407-327-6695
APPLICATION FOR REZONING
APPLICANT: Saathoff,Dwight-Sand Loch Capital Investors,LLC
Last First Middle
MAILING ADDRESS: 7575 Dr.Phillips Blvd.Suite 265
Orlando FL 32819
City State Zip Code
PHONE&EMAIL: 407-730-9916 dwigbt(�3apfdllc.net
If Applicant does NOT own the property:
PROPERTY OWNER:
Last First Middle
MAILING ADDRESS:
City State Zip Code
PHONE&EMAIL
This request is for the property described below:
PROPERTY ADDRESS: West SR 434,Oviedo,FL 32765
TAX PARCEL NUMBER: 25-20-31-5BA-0000-019A
SIZE OF PARCEL: .81
Square Feet Acres
EXISTING LAND USE: Vacant
CURRENT ZONING Classification: R-1A
REQUEST for a CHANGE to City of Winter Springs ZONING Classification:C-1 Nieghborhood Commercial-see attached
Current FUTURE LAND USE Classification:
LDR list for requested uses within C-1.
1Lrch 2005
237
The PLANNING&ZONING BOARD shall be required to review all zoning applications and make a written
recommendation to the City Commission. The CITY COMMISSION shall render all final decisions
regarding rezonings and may impose reasonable conditions on any approved rezoning to the extent deemed
necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the
City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence
and the applicable criteria as set forth in the City's Code of Ordinances Chapter 20,Zoning and Chapter
166,Florida Statutes.
Generally,rezonings take two(2)to three(3)months. All APPLICANTS shall be afforded minimal due
process as required by law, including the right to receive notice,be heard,present evidence,cross-examine
witnesses,and be represented by a duly authorized representative.
APPLICANTS are advised,that if they decide to appeal any decisions made at the meetings or hearings,
with respect to any matter considered at the meetings or hearings,they will need a record of the
proceedings and,for such purposes,they will need to insure that a verbatim record of the proceedings is
made,at their cost,which includes the testimony and evidence upon which the appeal is to be based,per
286.0105,Florida Statutes.
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
A copy of the most recent SURVEY of the subject property with Metes and Bounds
- description.
� A c y of the LEGAL DESCRIPTION.
11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
oADJACENT PROPERTY.
n � .
JUSTIFICATION for the Request based on Code Section 20-31. (See Attachment)
p.,Iq-A'MES and ADDRESSES of each property owner within 150 ft. of each property line.
❑ Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for Owner(see below).
APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NO"T"IFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review,inspection or approval of any development(based on accounting
submitted by the City's Consultant),payable prior to approval of the pertinent stage of development.
REZONING,per Applicant S 500 $ 500
Plus$25/acre S 25
(or portion thereof)
525
TOTAL DUE $
2
March 2005
238
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is to certify that I am the O er in fee simple of subject lands described within this Application for
Rezoning:
' As
Signature of Owner
Sworn to and subscribed before me this A
day of "AA 20 1 . Nota P lie
My Commission Aires:
X Personally Known
Notary Public State of Florida
Produced Identification: A Jessalyn Anderson
('Type) My Commission GG 182818
Did take an Oathi .;
Expires 02w412022
X Did Not take and Oath
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I do hereby with my notarized signature allow
to represent me in the Rezoning of my property.
The property is identified as: Tax Parcel Number(s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature of Owner(s)
Signature of Owner(s)
Sworn to and subscribed before me this
day of 20 Notary Public
My Commission expires:
Personally Known
Produced Identification:
('Type)
Did take an Oath
Did Not take and Oath
3
'1%1=h 2005
239
JUSTIFICATION FOR THE REZONING
Taken from Winter Springs Code of Ordinances, Section 20-31.
Address each of the following standards related to the REZONING request. Attach
additional paper as necessary:
❑ Is the proposed rezoning in compliance with all procedural requirements established
by City code and law?
Yes
❑ Identify how the request is consistent with the objectives and policies of the
Comprehensive Plan including, but not limited to, the Future Land Use Map. Will the
proposed change have an adverse effect on the Comprehensive Plan?
The applicant has made application for FLUM amendment and the proposed rezoning is
consistent with the requested Future Land Use requested.
❑ Is the proposed rezoning consistent with any master plan applicable to the
property?
There is no master plan applicable to the property.
❑ Is the proposed rezoning contrary to the land use pattern established by the City's
Comprehensive Plan?
No,the subject property is adjacent to other C-1 uses.
4
March 2005
240
0 Substantiate how the proposed rezoning will not create a spot zone (prohibited by
law).
The rezoning will be consistent with the City's Comprehensive Plan and the zoning and use of
adjacent properties.
❑ Does the proposed rezoning materially alter the population density pattern in a
manner that will overtax the load on public facilities and services such as schools,
utilities, streets, and other municipal services and infrastructure?
No.
❑ Does the proposed rezoning result in existing zoning district boundaries that are
illogicaily 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?
No.
❑ Do changed or changing conditions make the proposed rezoning necessary?
The subject parcel is a.81 acre remnant parcel which is incompatible with the current
R-1 A zoning due to access issues and the adjacent commercial use.
❑ Will the proposed rezoning seriously reduce light or air to adjacent areas?
No.
5
Much 2005
241
0 Does the Applicant understand that, IF the City were to be presented with
competent substantial evidence indicating that the property values would be adversely
affected by the proposed rezoning, the Applicant would then need to demonstrate that
the proposed rezoning change would not adversely affect property values in the
surrounding area?
Yes.
❑ Describe how the proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adjacent property.
The subject parcel is not adjacent to any vacant property.
❑ Describe how the proposed rezoning does not constitute a grant of special privilege
to an individual owner as contrasted with the public welfare?
The rezoning will be consistent with the City's Comprehensive plan,and the
use of adjacent properties.
❑ Explain how the proposed rezoning is in scale or compatible with the needs of the
neighborhood or the City.
The rezoning will be consistent with the City's Comprehensive Plan,and the
use of adjacent properties.
❑ Does the proposed rezoning violate any of the City's applicable land use
regulations?
No.
6
'.%I=h 2005
242
Sec. 20-232. - Uses permitted.
(a) Within any C-1 Neighborhood Commercial District, no building, structure, land or water shall be used
except for one (1)or more of the following uses:
(1) Advertising agencies;
(2) Alcoholic beverage sales (package);
(3) Alcoholic beverage on-premises consumption;
(4) Alterations and tailoring;
(5) Animal hospitals and veterinary clinics (with no outside kennels);
(6) Antique and gift shop;
(7) Appliances, sales and service;
(8) Art supplies and picture framing shops;
(9) Artists' (such as painters, sculptors, and craftmakers) studios;
(10) Attorneys;
(11) Automotive accessories sales;
(12) Bakery, retail;
(13) Bathroom accessories;
(14) Bicycles, sales and service (including rentals);
(15) Bookstores, stationery and office supplies, newsstands;
(16) Bookkeepers;
(17) Butcher shop, retail only;
(18) Cleaners;
(19) Coin dealers;
(20) Computers, hardware, software, and other electronics sales and service;
(21) Confectionery and ice cream stores(including outside dining);
(22) Copy shops;
(23) Cultural institutions (such as museums, etc.);
(24) Dance and music studios;
(25) Reserved;
(26) Drug and sundry stores;
(27) Employment agencies;
(28) Financial institutions, banks, savings and loan;
(29) Floor coverings;
(30) Florist and gift shops (including outdoor display and sales);
(31) Formal wear rentals;
(32) Furniture, retail, new and used;
(33) Grocers, retail; those whose business include and are limited to the retail sale of groceries
including produce, meats and household goods but shall not include the sale of gasoline;
243
(34) Gun shop;
(35) Hair and beauty salons (including nail salons);
(36) Hardware stores;
(37) Health and exercise clubs and athletic training facilities;
(38) Health food;
(39) Hobby and craft shops; fabric stores;
(40) Hospitals, and nursing homes;
(41) Hypnotists;
(42) Ice, retail
(43) Insurance;
(44) Interior decorating and draperies;
(45) Jewelry stores;
(46) Launderettes and laundromats;
(47) Libraries;
(48) Loan companies;
(49) Locksmiths;
(50) Luggage shops;
(51) Medical and dental clinics and laboratories;
(52) Micro-breweries and micro-wineries;
(53) Nurseries, plants, trees, etc., retail (including outdoor display and sales);
(54) Offices, professional and business;
(55) Outdoor advertising signs sales offices;.
(56) Paint store;
(57) Parking garages;
(58) Pet shops and grooming;
(59) Photographic studios;
(60) Post office;
(61) Private clubs and lodges;
(62) Public and government services;
(63) Radio and N sales and service;
(64) Religious assembly;
(65) Rental shops;
(66) Retirement homes;
(67) Restaurants and outdoor dining; cafes;
(68) Reserved;
(69) Shoe repair shops;
(70) Skating rinks;
244
(71) Sporting goods, retail;
(72) Swimming pool sales, service and supplies;
(73) Tailoring shops;
(74) Taxidermists;
(75) Telephone business office and exchanges and telemarketers(No dispatch);
(76) Title companies;
(77) Tobacco shops;
(78) Toy stores;
(79) Travel agencies;
(80) Wearing apparel stores;
(81) Public recreational facilities.
(b) Outdoor display and/or sales are prohibited except by conditional use.
(Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No.
2002-07, § 4, 7-8-02; Ord.No. 2004-28, § 2, 7-12-04; Ord. No. 2004-49, § 2, 12-13-04; Ord. No.
2006-19, § 2, 11-13-06; Ord. No. 2014-09, § 2, 4-28-14)
Sec. 20-234. Conditional uses.
(1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses,
billiard halls, children's play centers, bowling alleys and similar uses), excluding public recreational
areas and facilities which shall be permitted under section 20-232(81);
(2) Animal hospitals and veterinary clinics with outside kennels;
(3) Car wash;
(4) Convenience markets and stores and self-service gasoline sales;
(5) Mortuaries and funeral homes.
(6) Schools.
(7) Daycare centers.
(8) A multiple-family residential use that was lawfully approved and permitted as a conditional use by the
City prior to the effective date of Ord. No. 2015-15 [January 25, 2016] shall be considered a lawful,
conforming use subject to all applicable conditions and requirements imposed by the city when said
use was previously permitted.
(Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8, 5-26-81; Ord. No. 2004-28, § 2, 7-12-04; Ord.
No. 2006-19, § 2, 11-13-06; Ord. No. 2013-08, § 2, 8-12-13; Ord. No. 2014-09, § 2, 4-28-14;
Ord. No. 2015-15, § 2, 1-25-16)
245
too
1 � Y
Is SIR
Ohio 1 M
mid
:1 k
awl
2y
Ilk:
Hills 1 111
nQ
list
1
W, 1
lot.
it
Tp Nil
1A,
its
N
a.
------------- ----------- ---------- --------7 .
R1 NO HOW,
M
N � j
i ,J
il MUM i
WIN u
ip
�. EY' Nil 1
5v
IS all 11 111 gg
T 91001 Y Nun j j
Amhill i $ 5 p9
NEW
Hi
Whm
oil Mll,
246
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.
247
O
7
7
O
M
M
zm f ry �
O
c _
m n_
❑a���_� -I� � �b-� � Y, J II ` e �—coo- O
o, J o Ml v
72i1 s>lvo 37iajMN LL
�, flx eo 0o xx �, e' Y
V,
a p
•°o / 'SSC .. m L w.
1fcVi � S.'d
� M
Vr
OR
a F ..teeMr,
Md
Nzm
i
F R C i}
i
AY116 OSdA7Vl
d00�11 OOS J i-t
rm x s n
1 r—
i9 J ,Q r r F
c..
Imir
Ift
LL U
24
12
flag
� rl
w
..R;�i, � ��. .,�, Lc 'ice''_ *�'- ��Iw �1, ,jlR` c. '., c[ +•
248
SOUTHERN OAKS COMMUNITY ASSN INC JAM BAR REAL EST LLC OVIEDO CITY OF
2600 LAKE LUCIEN DR#350 282 W SR 434 400 ALEXANDRIA BLVD
MAITLAND,FL 32751 OVIEDO,FL 32765 OVIEDO,FL 32765
OLIPHANT SEAN M;OLIPHANT COLLEEN C MORGAN THOMAS E;MORGAN CHRISTINE C BARRINGTON ESTATES HOMEOWNERS
1530 WESTCOTT LP 1526 WESCOTT LP 1250 BELLE AVE SUTIE 101
WINTER SPRINGS,FL 32708 WINTER SPRINGS,FL 32708 WINTER SPRINGS,FL 32708
BARRINGTON ESTATES HOMEOWNERS HAMMOCK RESERVE OWNERS ASSN INC SAND LOCH CAPITAL INV LLC
1250 BELLE AVE SUITE 101 4700 MILLE NIA BLVD#515 7575 DR PHILLIPS BLVD STE 265
WINTER SPRINGS,FL 32708 ORLANDO,FL 32839 ORLANDO,FL 32819
249
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'
hares -.
mm
PAF-KhN L,01
�.o
SAND LOCHV hb
CONCEPT PLAN 1 225E.Rob —St,Suit,300 o�_doF-daS2.0
Winter Springs - Florida 0' 25' 50TI 407.939.40061-:407.939.4009 --hb0d-d0.-
250
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
R FAX:407-327-6695
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
APPLICANT: Saathoff,Dwight-Sand Loch Capitol Investors,LLC
Last First Middle
MAILING ADDRESS: 7575 Dr.Philli s Blvd.Suite 265
Orlando FL 32819
City State Zip Code
PHONE: 407-730-9916
If Applicant does NOT own the property:
PROPERTY OWNER:
Last First Middle
MAILING ADDRESS:
City State Zip Code
PHONE:
This request is for the property described below:
PROPERTY ADDRESS: West SR 434,Oviedo,FL 32765
TAX PARCEL NUMBER: 25-20-31-5BA-0000-019A
SIZE OF PARCEL: .81 Acres
Square Feet Acres
Existing Land Use: Vacant
Current FUTURE LAND USE Classification: LDR
REQUEST for a Change to City of Winter Springs FUTURE LAND USE Classification: Commercial
Please state the reasons or justification for your Comprehensive Plan Amendment(Future
Land Use Change): To promote development of the parcel for commercial purposes consistent with
similar commercial uses of surrounding properties.
If you are requesting an Amendment to the Goals,Objectives,&Policies of the City's Comprehensive
Plan,set forth the proposed Amendment in detail and provide supporting documentation.
Current ZONING Classification: R-1A
March 2005
251
COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each
action is only effective when the Notice and Vote Requirements of Chapter 166 and 171,Florida Statutes
have been achieved.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida
Department of Community Affairs and are not effective until the Department of Community Affairs issues
a"Notice of Intent"to find the Comprehensive Plan Amendment in compliance with the requirements of
Chapter 163.3184 and 163.3187,Florida Statutes. Unless otherwise provided by law,the Comprehensive
Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1)
F.S.and Winter Springs Code of Ordinances,Section 15-32 as follows:
implication submittal deadlines:
Spring-No later than 5:00 p.m.on the first Wednesday in February. The application(s)will be reviewed
at a meeting of the local planning agency to be held in April or as otherwise practicable.
Fall-No later than 5:00 p.m.on the first Wednesday in August.The application(s)will be reviewed at a
meeting of the local planning agency to be held in October or as otherwise practicable.
SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of
consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.).
APPLICANTS are advised,that if they decide to appeal any decisions made at the meetings or hearings,
with respect to any matter considered at the meetings or hearings,they will need a record of the
proceedings and,for such purposes,they will need to insure that a verbatim record of the proceedings is
made,at their cost,which includes the testimony and evidence upon which the appeal is to be based,per
286.0105,Florida Statutes.
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
copy of the most recent SURVEY of the subject property with Metes and Bounds
description.
U,4 copy of the LEGAL DESCRIPTION.
]i x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on t�h ADJACENT PROPERTY.
FYJUSTIFICATION for the Request based on Code Section 20-102(d). (See Attached List)
Q,NAOIES and ADDRESSES of each property owner within 150 ft. of each property line.
❑ Notarized AUTHORIZATION of the Owner, N/A
IF pplicant is other than the Owner or Attorney for the Owner(see below).
APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review,inspection or approval of any development(based on accounting
submitted by the City's Consultant),payable prior to approval of the pertinent stage of development.
COMPREHENSIVE PLAN AMENDMENT per Applicant $ 500.00
Small Scale(Generally 10 acres or fewer) $ 500
Large Scale(Generally More than 10acres;Text Amendments)' $ 1000
Pursuant to Chapter 163,Fiorida Statutes.
TOTAL DUE $ 500.00
2
March 2005
252
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Comprehensive Plan Amendment:
�)4- Sul
Signature of Ovmer
Sworn{�to and subscrib�ed.,�be�for!e� me this
'�day of m n IPS 20A. No blic
My V.4a6mission expi
X
Personally Known
Produced Identification: �+Of& Notary Public State of Florida
(Type) 3' ; A Jessalyn Anderson
Did take an OathMy Commission GG 182616
X Did Not take and Oath a RdF Expires 02104/2022
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
T, do hereby,with my notarized signature,allow
to represent me in the change of land use of my property. The
property is identified as: Tax Parcel Number(s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature of Owner(s)
Sworn to and subscribed before me this
day of 20 Notary Public
My Commission expires:
Personally Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
3
March 2005
253
COMPREHENSIVE PLAN REQUEST
Taken from Winter Springs Code of Ordinances, Section 15-36.
Address each of the following factors related to the request. Attach additional
paper as necessary:
0 What effect will the proposed amendment have on the City's budget or the economy
of the region?
Today,the subject parcel is vacant and therefore,generates minimal tax revenue for the City.
A FLUM Amendment and rezone will allow for development and subsequent increase
in tax revenue.
❑ Describe how the City might provide adequate services from public facilities to the
affected property. Will the amendment promote the cost effective use of or will it unduly
burden public facilities?
We have confirmed that existing water and sewer capacity exists in the lines.
Development of the site will promote cost effective use of the existing capacity.
❑ Describe the impact that the proposed amendment will have on the Level of Service
(LOS) of public facilities including sanitary sewer, solid waste, drainage, potable water,
traffic circulation, and recreation.
The parcel is.81 acres in size and will not change the LOS for any public facilities.
❑ What impact will the proposed amendment have on the environment, natural
resources, historical resources of the City or the region?
There are no known natural resources or historically significant resources on the site.
There are no wetlands on the site.
4
4f=h 2005
254
❑ Identify surrounding neighborhoods and land use. is the amendment compatible
with these surrounding uses and land use designations?
Yes,the proposed land use(Commercial)is compatible with the surrounding area.
North,East and South of the parcel Is Southern Oaks.
West of the parcel is Ladybird Academy and Restoration in Christ Church.
❑ Will the proposed amendment promote or adversely affect the public health, safety,
welfare, economic order, or aesthetics of the City or region?
The amendment will promote the City and the region.
❑ Identify how the request is consistent with the Goals, Objectives and Policies of the
Comprehensive Plan. Will approval of the amendment cause the Comprehensive Plan
to be internally inconsistent?
As referenced in the Future Land Use Element, "Most commercial actividy is
located on or near S.R.434,U.S.17-92,S.R.419 or the Oviedo Marketplace Mall...." The
proposed use is compatible with the surrounding area. The property is adjacent to other
similar uses and will utilize existing public infrastructure.
❑ . Describe how 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 Policy Plan, adopted by Rule 29 F-19.001, Florida
Administrative Code.
The proposed amendment,if adopted,will be consistent with the City's Comprehensive
Plan and therefore,be consistent with the State plan. For example,the applicant's proposed
use is consistent with Section 187.201(15)in that the subsequent development is located on a
collector road and near Greenway interchange;public facilities such as utilities have
adequate capacity.
5
March ZOOS
255
too
1 � Y
Is SIR
Ohio 1 M
mid
:1 k
awl
2y
Ilk:
Hills 1 111
nQ
list
1
W, 1
lot.
it
Tp Nil
1A,
its
N
a.
------------- ----------- ---------- --------7 .
R1 NO HOW,
M
N � j
i ,J
il MUM i
WIN u
ip
�. EY' Nil 1
5v
IS all 11 111 gg
T 91001 Y Nun j j
Amhill i $ 5 p9
NEW
Hi
Whm
oil Mll,
256
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.
257
O
7
7
O
M
M
zm f ry �
O
c _
m n_
❑a���_� -I� � �b-� � Y, J II ` e �—coo- O
o, J o Ml v
72i1 s>lvo 37iajMN LL
�, flx eo 0o xx �, e' Y
V,
a p
•°o / 'SSC .. m L w.
1fcVi � S.'d
� M
Vr
OR
a F ..teeMr,
Md
Nzm
i
F R C i}
i
:yi .. v
AY116 OSdA7Vl
d00�11 OOS J i-t
rm x s n
1 r—
i9 J ,Q r r F
c..
Imir
Ift
LL U
24
12
flag
� rl
w
258
SOUTHERN OAKS COMMUNITY ASSN INC JAM BAR REAL EST LLC OVIEDO CITY OF
2600 LAKE LUCIEN DR#350 282 W SR 434 400 ALEXANDRIA BLVD
MAITLAND,FL 32751 OVIEDO,FL 32765 OVIEDO,FL 32765
OLIPHANT SEAN M;OLIPHANT COLLEEN C MORGAN THOMAS E;MORGAN CHRISTINE C BARRINGTON ESTATES HOMEOWNERS
1530 WESTCOTT LP 1526 WESCOTT LP 1250 BELLE AVE SUTIE 101
WINTER SPRINGS,FL 32708 WINTER SPRINGS,FL 32708 WINTER SPRINGS,FL 32708
BARRINGTON ESTATES HOMEOWNERS HAMMOCK RESERVE OWNERS ASSN INC SAND LOCH CAPITAL INV LLC
1250 BELLE AVE SUITE 101 4700 MILLE NIA BLVD#515 7575 DR PHILLIPS BLVD STE 265
WINTER SPRINGS,FL 32708 ORLANDO,FL 32839 ORLANDO,FL 32819
259
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'
hares -.
mm
PAF-KhN L,01
�.o
SAND LOCHV hb
CONCEPT PLAN 1 225E.Rob —3t,Suite300 oh_do Fodda 32801
Winter Springs - Florida 0' 25' 50 T 1407.939.40061-:407.939.4009 --hbod-do.— 260
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
customerservicekwinterspringsfl.org
1954
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-IA (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
customerservicegwintersprin sg fl 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.
261
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
v;ww.winterspringsfl.org/cd/page/TLrty-intervenor-fonn or by contacting customer service at
customerservicekwintersprin_sflg .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 ci . clerkdepartment2winterspringsfl.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 mmolinagwintersprin sg fl org or John Cooper at 407-327-5977
jcooperkwintersprin sg fl org.
Sincerely,
Marla Molina
Senior City Planner
262
Project Site
Parcel ID# 25-20-31-5BA-0000-019A
R
7
142 } ��
bl
5A 19.A
*-d
t, SUBJECT
` =
� PROPERTY
,n
r
#____ f
TRACT B
11137 ��� 135.66 � T
21•,�_ r
263
8/24/2020 Orlando Sentinel
CITY OF WINTER SPRINGS
NOTICE OF PUBLIC HEARING
NOTICE OF COMPREHENSIVE
PLAN/REZONING CHA
NOTICE IS HEREBY GIVEN THAT
THE PLANNING AND ZONING BOARD/
LOCAL PLANNING AGENCY
AND CITY COMMISSION
PROPOSE TO CONSIDER:
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 A ONE FAMILY DWELLING DISTRICT("R-1A")TO A NEIGHBORHOOD COMMERCIAL
DISTRICT" ("C-1"); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE.
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.
PLANNING AND ZONING BOARD/
LOCAL PLANNING AGENCY PUBLIC
HEARING WILL BE HELD ON
WEDNESDAY, SEPTEMBER 2, 2020 AT 5:30 P.M. OR SOON THEREAFTER IN THE COMMISSION
CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL, 1126 EAST STATE ROAD 434,WINTER
SPRINGS,FLORIDA.
CITY COMMISSION PUBLIC HEARING
FOR SECOND READING
WILL BE HELD ON
MONDAY, SEPTEMBER 28, 2020 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION
CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL, 1126 EAST STATE ROAD 434,WINTER
SPRINGS,FLORIDA.THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE
PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE.
�f
r
7
i�
'rorx t
The proposed ordinance may be inspected by interested parties between 8 a.m.and 5 p.m.,Monday through Friday,
at the City's Clerk's Office,located at 1126 East State Road 434,Winter Springs,Florida.For more information call
(407)327-1800,Extension 253.Interested parties may appear at the meeting and be heard with respect to the
proposed ordinance.Persons with disabilities needing assistance to participate in any of these proceedings should
contact the Employee Relations Department Coordinator,48 hours in advance of the meeting at(407)327-1800,
Extension 236.This is a public hearing.If you decide to appeal any recommendation/decision made by the City
Commission with respect to any matter considered at this meeting,you will need a record of the proceedings,and
for such purposes,you may need to ensure that a verbatim record of the proceedings is made upon which the
appeal is based.Interested parties are advised that they may appear at the meeting and be heard with respect to
the proposed ordinance.
https://digitaledition.orlandosentinel.com/html5/desktop/production/print.aspx?edid=cc337fl6-08b7-49e1-a987-1a7cd8850a89&t ecli 264
yp = pping&clipping... _