HomeMy WebLinkAbout2024 12 09 Public Hearing 400 - Second Reading Ordinance 2024-09 Small-Scale Future Land Use Map Amendment 4301 State Raod 419PUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA | DECEMBER 9, 2024 REGULAR MEETING
TITLE
Consider approval of Second Reading of Ordinance 2024-09, Small-Scale Future Land
Use Map Amendment of one (1) parcel of land located at 4301 SR 419
SUMMARY
The privately owned property generally located at 4301 SR 419 was voluntarily
annexed into the City by Ordinance 2024-04. Ordinance 2024-09 proposes to assign
the Commercial Future Land Use to the subject property. The applicant intends to
utilize the property for the outdoor storage of vehicles, boats, and up to five (5)
storage containers with an understanding that the City shall acquire an easement of
sufficient width over Gee Creek to provide for watercourses, specifically Gee Creek,
and access to permit maintenance, as per drafted Development Agreement. The
proposed Future Land Use (FLU) designation of Commercial meets the analysis
requirements addressed in the staff report as it provides a transition of uses as the
surrounding areas existing FLUs transition from residential to industrial forms of
future land uses. The Planning and Zoning Board recommended approval during the
September 05, 2024, public meeting; City Commission approved the first reading of
the ordinance on September 23, 2024.
FUNDING SOURCE
N/A
RECOMMENDATION
Staff recommends City Commission approve the Second Reading of Ordinance 2024-
09 for a small-scale Future Land Use Map Amendment to assign the Commercial
Future Land Use to property generally located at 4301 SR 419.
105
TITLE
4301 SR 419 | Small-Scale Future Land Use (FLU) Map Amendment
SUMMARY/UPDATE
The Community Development Department requests that the City Commission
hold a Public Hearing to consider Ordinance 2024-09 for the Small-Scale FLU Map
Amendment for the ±7.84-acre lot located along State Road 419 north of State
Road 434.
General Information
Applicant OM Engineering Services, Inc.
Property Owner(s) Kado Investments, LLC, Youdali International
Investments, LLC, and Kira Woods
Location 4301 SR 419, Winter Springs, FL 32708
Tract Size ±7.84 acres
County Update Nov. 11, 2024: from 8.12 acres to 7.89
Parcel ID Number 34-20-30-5AW-0000-0250
Zoning Designation Agriculture (County)
(Voluntary Annexation via Ordinance 2024-04)
FLUM Designation Suburban Estates (County)
(Voluntary Annexation via Ordinance 2024-04)
Adjacent Land Use North: Layer Elementary
School & School Bus Yard
East: Seminole County
Transportation Depot
South: State Road 434; Day
Care/Pre-School
West: Vacant
Development
Permits
None
Development
Agreement
Draft Attached
Code Enforcement None
City Liens None
PUBLIC HEARINGS AGENDA
CITY COMMISSION
Monday, December 09, 2024 | REGULAR MEETING
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Request:
The applicant seeks to designate the Commercial FLU, a Small-Scale Future Land
Use Map Amendment, to the annexed property via Ordinance 2024-09.
Background Data:
The property is part of the Entzminger Farms Addition No 2 Subdivision. The
property consists of a single-story concrete block building built in 1969, per the
Seminole County Property Appraiser, utilized as a single-family residence that
consists of approximately 2,466 SF. Two additional accessory buildings, a metal
shed and one-story garage, exist on the site.
The property was voluntarily annexed by the applicant to the City of Winter
Springs on April 08, 2024. via Ordinance 2024-04. The existing residential building
is intended to be utilized for commercial purposes supportive of the proposed use.
The applicant intended to utilize the property for the outdoor storage of
recreational vehicles (RVs) and boats. The flrst reading of the ordinance to assign
the proposed City of Winter Springs Commercial Future Land Use designation was
approved on September 23, 2024, by the City Commission with the understanding
the second reading will be postponed pending an agreed upon development
agreement.
The proposed outdoor storage was modifled at the request of the applicant during
the negotiation of the Development Agreement to include more than recreational
vehicles (RVs) and boats. The drafted Development Agreement pertains to the use
of the property from a zoning perspective that aligns with the requested future
land use designation requested. The agreement restricts potential C-2 General
Commercial uses to the parking and storage of vehicles, boats, and not more than
a total of flve (5) cargo or shipping containers subject to the supplemental
regulations set forth in Section 20-256 of the City Code. Any such cargo or shipping
containers stored on the property shall not be stacked one on top of the other such
that they are visible from a public road. Individual cargo or shipping containers
shall be stored on the Property for periods of 30 days or more to deter short term
use. Additionally, consistent with Section 9-159 of the City Code, the developer
acknowledges and agrees that it shall be required to grant the City a drainage
easement of sufflcient width to provide adequately for watercourses, speciflcally
Gee Creek, and access to permit maintenance of the same prior to the time of
building permit issuance.
Public Notices:
Public Hearing Notices were mailed to all owners of real property adjacent to and
within approximately flve hundred (500) feet of the subject property and to all
Homeowner’s Associations on flle with the City Winter Springs and located within
one-half (1/2) mile of the subject property (27 notices) on July 19, 2024 and August
07, 2024.
The flrst reading of the ordinance was advertised in the Orlando Sentinel Friday,
August 23, 2024; second reading was advertised November 19, 2024
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Comprehensive Plan Amendment Analysis:
The following summarizes the data and issues which staff analyzed in reviewing
this application:
Through Ordinance 2024-09, the City of Winter Springs’ Commercial land use
designation is requested to be applied to the ±7.84-acre parcel. The requested
Future Land Use Map designation is intended to complement the commercial
crossroads of the area’s future land use.
Future Land Use Map (FLUM) Amendment Analysis:
The following criteria is set forth by City of Winter Springs Code of Ordinances
Chapter 15, Article 3 which has been analyzed by staff to form a recommendation:
Future Land Use Amendment Criteria & Analysis
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;
Analysis:
The property is privately owned. The annexation of the property to
incorporate within the City of Winter Springs was completed as a voluntary
action of the applicant. The applicant has applied to designate the
property’s future land use designation as Commercial. An unfavorable
budgetary effect on the City of Winter Springs is not anticipated.
The City of Winter Springs may collect property taxes as a result of the
approved voluntary annexation into the City of Winter Springs; the taxable
rate by which the city may collect if proposed to be the commercial rate.
2. Whether the proposed amendment will diminish or negatively impact the
Level of Service (LOS) of public facilities;
Analysis:
The proposed amendment is not anticipated to diminish or negatively
impact the Level of Service (LOS) of public facilities. The subject property
contains portions of Gee Creek as well as a powerline easement that
limits the property’s access points and outdoor storage capacity.
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;
Analysis:
The subject property contains Gee Creek and a powerline easement that
both aide in restricting the property from unfavorable impacts on the
environment and natural resources such as oversized development. Site
Plan Review, as with all plans, will require adherence to internal and
external permitting requirements. There are no foreseen negative impacts
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on historical resources of the City or the region by applying the
Commercial FLU designation to the subject property.
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;
Analysis:
The proposed amendment is consistent with the goals, objectives, and
policies of the State Comprehensive Plan, most notably Future Land Use
Element policy 1.5.1 which discourages land use inconsistencies; policy 1.5.5
locate less intensive transitional uses in between residential and industrial
(as it applies for this property and the surrounding area);
acknowledgement of policy 1.5.8 for adverse industrial uses.
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;
Analysis:
The proposed amendment is not anticipated to pose an unduly burden to
public facilities. The subject property operates on a well and septic system.
Any future expansion of public utilities would promote the most
cost/effective use of said utilities. Additionally, the proposed use of the
property is not intended to increase population density. Should residential
uses be proposed for the property in the future, affecting a greater
demand on public utilities, a feasibility analysis may be conducted for
consideration. The applicant is not seeking residential uses.
6. Whether the proposed amendment is compatible with surrounding
neighborhoods and land use;
Analysis:
The surrounding neighborhoods and land uses are similar to and
compatible with the proposed Commercial Future Land Use. The
Commercial FLU exists on the Winter Springs Future Land Use Map south
of the subject property and serves as a transitionary buffer between the
Industrial FLU to the west/northwest and the residential FLU designations
to the east.
7. Whether approval of the proposed amendment will cause the
Comprehensive Plan to be internally inconsistent;
Analysis:
Approval of the proposed amendment will cause the Comprehensive Plan
to be consistent with the goals, objectives, and policies of the City of Winter
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Springs Comprehensive Plan Future Land Use Element item 6b
concerning the Commercial Future Land Use. The proposed Commercial
Future Land Use designation is compatible with future land use
designations surrounding the property.
8. Whether the proposed amendment will promote or adversely affect the
public health, safety, welfare, economic order, or aesthetics of the city or
region;
Analysis:
The proposed amendment to designate the Commercial Future Land Use
to the property is not anticipated to adversely affect the public health,
safety, welfare, economic order, or aesthetics of the city or region. The
constraints of the property limit the extent to which any future
development project may be realized. These constraints, as they currently
exist at the time of this report, provide for small-scale development;
increase the need for environmental considerations, such as permeable
surfaces to reduce stormwater impacts; enhance the aesthetic
considerations to the commercial level; provides consistency with the
proposed General Commercial (C-2) zoning district proposed for the
property that increases the property’s value allocated tax rate; provides for
a transitionary buffer between industrial uses and residential uses.
9. The contents of any Evaluation and Appraisal Report (EAR) prepared
pursuant to 163.3191, Florida Statutes;
Analysis:
Not applicable.
10. Whether the proposed amendment is consistent and in compliance with
law;
Analysis:
The proposed amendment is consistent and in compliance with law.
11. Whether the proposed amendment is consistent, and not in confiict, 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 brownfleld areas.
Analysis:
The proposed amendment is consistent, and without confiict as the
property is a former enclave not previously under the jurisdiction of the
city’s plans, codes, goals, objectives, or areas. The property’s recent
incorporation into city limits necessitates a future land use designation
that most appropriately coincides with city plans, goals, objectives, and
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areas. The Commercial Future Land Use designation most appropriately
coincides without confiict with the aforementioned.
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Procedural History:
Procedural History:
September 25, 2023 Non-Binding Presentation (NBR2023-0047)
City Commission observed
March 25, 2024 First Reading of Ordinance Number 2024-04
City Commission approved Annexation
April 08, 2024 Second Reading of Ordinance Number 2024-04
City Commission approved Annexation
May 08, 2024 Community Workshop
Layer Elementary School – 4201 SR 419 Media Room
June 20, 2024 Pre-Application Meeting (PREM-2024-0013)
June 27, 2024 Application Submittal
September 05, 2024 Recommendation of approval by Planning & Zoning
Board
September 23, 2024 First Reading of Ordinance Number 2024-09
City Commission approved Future Land Use change
December 09, 2024 Second Reading of Ordinance Number 2024-09
TBD
Recommendation:
Staff recommends the City Commission adopt Ordinance 2024-09 to assign the
future land use designation of Commercial to the subject parcel.
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Ordinance No. 2024-09
City of Winter Springs
Page 1 of 5
ORDINANCE NO. 2024-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; AMENDING THE FUTURE LAND USE
MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS TOTALING APPROXIMATELY 7.84 ACRES,
MORE OR LESS, GENERALLY LOCATED ALONG STATE ROAD 419,
NORTH OF 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 COUNTY “SUBURBAN
ESTATES” TO CITY “COMMERCIAL;” PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
PLAN, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT.
WHEREAS, on April 08, 2024, the City Commission adopted Ordinance Number 2024-
04, which is recorded in the Official Records of Seminole County, Florida, at Book 10609, Page
752, and which annexed the subject property into the City of Winter Springs; and
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes except when expressly prohibited by
law; and
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 September 05, 2024, 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 two duly noticed
public hearings on the proposed amendment set forth hereunder and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and
supporting data and analysis, and after complete deliberation, hereby approves and adopts the
Comprehensive Plan Amendment set forth hereunder; and
WHEREAS, the City Commission 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 the City of Winter Springs, Florida.
113
Ordinance No. 2024-09
City of Winter Springs
Page 2 of 5
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 County
“Suburban Estates” future land use to City “Commercial” future land use. Exhibit “A” is attached
hereto and fully incorporated herein by this reference.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption
of this Ordinance, in which case this Ordinance shall become effective at such time as the state
land planning agency or the Administrative Commission issues a final order determining that the
adopted small scale development amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before the Amendment 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
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Ordinance No. 2024-09
City of Winter Springs
Page 3 of 5
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 ___________________________, 2024.
____________________________________
Kevin McCann, 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: ___________________________
Legal Ad: ___________________________
Second Reading: ___________________________
Effective Date: ___________________________
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Ordinance No. 2024-09
City of Winter Springs
Page 4 of 5
EXHIBIT “A”
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
Description:
LOTS 25 AND 32, ENTZMINGER FARMS ADDITION NO. 2, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-
WAY LINE OF STATE ROAD 419, (NEW SANFORD-OVIEDO ROAD, PER
REFERENCED PLAT OF ENTZMINGER FARMS ADDITION NO. 2) AND THE
WESTERLY LINE OF LOT 32 OF THE AFORESAID ENTZMINGER FARMS
ADDITION NO. 2; THENCE N06°48'50"W, ALONG SAID WESTERLY LINE, A
DISTANCE OF 178.55 FEET TO THE NORTHWEST CORNER OF THE AFORESAID
LOT 32; SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF THE ATLANTIC COAST LINE RAILROAD; THENCE S82°26'56"E, ALONG
SAID SOUTHERLY RIGHT-OF-WAY LINE AND NORTHERLY LINE OF LOTS 32 AND
25, A DISTANCE OF 1,838.88 FEET TO THE NORTHEAST CORNER OF LOT 25;
THENCE S07°12'27"W, ALONG THE EASTERLY LINE OF LOT 25, A DISTANCE OF
26.03 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE
ROAD 434 (LONGWOOD- OVIEDO ROAD, PER REFERENCED PLAT OF
ENTZMINGER FARMS ADDITION NO. 2); THENCE, ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE OF STATE ROAD 434 AND AFORESAID STATE ROAD 419, THE
FOLLOWING FOUR (4) COURSES: S82°43'16"W, A DISTANCE OF 86.85 FEET TO A
POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2737.83 FEET,
A CHORD BEARING OF S79°57'47"W, A CHORD DISTANCE OF 231.49 FEET, AND A
CENTRAL ANGLE OF 04°50'45"; THENCE, ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 231.55 FEET TO A POINT; THENCE S81°06'41"W, A DISTANCE OF
317.18 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS
OF 1235.24 FEET, A CHORD BEARING OF N87°25'00"W, A CHORD DISTANCE OF
491.04 FEET, AND A CENTRAL ANGLE OF 22°55' 45"; THENCE, ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 494.33 FEET TO A POINT; THENCE N75°57'07"W, A
DISTANCE OF 582.85 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 3869.72 FEET, A CHORD BEARING O N76°49'37"W, A CHORD
DISTANCE OF 118.16 FEET; AND A CENTRAL ANGLE OF 01°44'59"; THENCE,
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 118.17 FEET TO THE POINT OF
BEGINNING. SAID LANDS CONTAINING APPROXI MATELY 7.84 ACRES, OR 341,667
SQUARE FEET, MORE OR LESS.
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Ordinance No. 2024-09
City of Winter Springs
Page 5 of 5
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Development Agreement
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
DEVELOPMENT AGREEMENT
(4301 SR 419 – Future Land Use Amendment and Rezoning)
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and executed this
_______ day of _________________________, 2024, by and between the CITY OF WINTER
SPRINGS, a Florida Municipal Corporation with a principal address at 1126 E. S.R. 434, Winter
Springs, Florida 32708 (“City”), and KADO INVESTMENTS, LLC, a Florida Limited Liability
Company with a principal address at 1857 Lake Spier Dr., Winter Park, Florida 32789, YOUDALI
INTERNATIONAL INVESTMENTS, LLC, a Florida Limited Liability Company with a
principal address at 1889 Berkeley Ct., Maitland, Florida 32751, and KIRA WOODS
(collectively, “Developers”).
WITNESSETH:
WHEREAS, Developers are the owners of approximately 7.84 acres, more or less, of real
property generally located along State Road 419, North of the intersection of State Road 419 and
State Road 434, Winter Springs, Seminole County, Florida, more particularly described herein (the
“Property”); and
WHEREAS, on April 08, 2024, the City Commission adopted Ordinance No. 2024-04,
which is recorded in the Official Records of Seminole County, Florida, at Book 10609 Page 752,
and which annexed the subject Property into the City of Winter Springs; and
WHEREAS, the Developers desire to amend the Future Land Use designation of the
Property from County “Suburban Estates” to City “Commercial” and to amend the official zoning
map designation on the Property from County “Agriculture” to City “General Commercial,” (C-
2) for the purpose of developing the property into the Project (as defined below); and
WHEREAS, the City Commission desires to approve the Developers’ request to change
the zoning of the Property, subject to the conditions in this Agreement which limit the types of use
for which the Property may be developed and the amount of impervious surface area which may
be developed thereon, for the protection of Gee Creek and the health and welfare of the City; and
FOR RECORDING DEPARTMENT USE ONLY
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Development Agreement
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WHEREAS, Section 20-29(c) of the City Code requires that all rezonings shall be binding
upon 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 the speculative rezoning of land
is very disfavored by the City and, in conjunction with a rezoning application, the Developers shall
be required to fully disclose any proposed new development project that will be pursued if the
proposed rezoning request is approved; and
WHEREAS, Section 20-31 of the City Code further provides that the disclosed
development project shall be deemed to have been relied on by the City in reaching its decision
concerning the proposed change of zoning and any site plan or concept plan shall be deemed to be
binding on the property affected by the rezoning, even if said site plan or concept plan imposes
greater or stricter standards on the property than does other provisions of the City Code; and
WHEREAS, mitigative techniques and plans required to support any change of zoning
may be addressed pursuant to the restricted rezoning provisions in the City Code and a binding
development agreement; and
WHEREAS, in compliance with the City Code, the Developers have 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 have been granted in reliance on said land use plan;
and
WHEREAS, this Development Agreement shall be recorded in the Official Records of
Seminole County, Florida, against the Property so that the terms and conditions of approval herein
shall run with the land.
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.
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 34-20-30-5AW-0000-0250 and is legally described in EXHIBIT “A”
which is attached hereto and fully incorporated herein by this reference (“Property”).
4.0 Project Description and Requirements. The Developers agree that the Property shall
be developed as a commercial enterprise for the outdoor storage of vehicles as provided herein
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(the “Project”). The Project shall be subject to the conditions outlined in this Agreement and shall
be further subject to all requirements of Section 20-256, Supplemental Outdoor Storage and
Warehousing Requirements, of the City Code.
5.0 Land Use Plan. The Project shall be substantially developed in accordance with the
preliminary/bubble 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. Developers 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. Developers acknowledge and agree 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 City Commission herein imposes certain use restrictions
greater than those otherwise specified in the C-2 zoning district to ensure any negative impacts
of the commercial development are minimized, including minimizing potential negative impacts
to nearby Gee Creek, and to ensure the future development is compatible with the surrounding
uses. The following uses shall be permitted on the Property:
Outdoor storage facility specifically designed for the parking and storage of vehicles, boats,
and not more than a total of five (5) cargo or shipping containers, subject to the
supplemental regulations set forth in Section 20-256 of the City Code. Any cargo or
shipping containers stored on the Property shall not be stacked one on top of the other such
that they are visible from a public road. Individual cargo or shipping containers shall be
stored on the Property for periods of 30 days or more to deter short term use.
The Developer acknowledges and agrees that an amendment to this Agreement shall be required
if the Developer desires to implement any other C-2 permitted uses on the Property. The outdoor
storage of construction equipment, heavy machinery, and other goods and materials shall be
prohibited.
7.0 Future Permitting. Within thirty-six (36) months from the Effective Date of this
Agreement, the Developers, at their 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 Developers shall obtain Final
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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 Developers in default pursuant to Section 25.0
of this Agreement. If the Developers do 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.
8.0 Easement over Gee Creek. Consistent with Section 9-159 of the City Code, the
Developer acknowledges and agrees that it shall be required to grant to the City a drainage
easement of sufficient width to provide adequately for watercourses, specifically Gee Creek, and
access to permit maintenance of the same prior to the time of building permit issuance.
9.0 Representations of the Parties. The City and Developers hereby each represent and
warrant to the other that they have the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and have 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 Developers, constitute a legal, valid and binding obligation
enforceable against the parties hereto. Upon 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. Developers represent that they have
voluntarily and willfully executed this Agreement for purposes of binding themselves and the
Property to the terms and conditions set forth in this Agreement.
10.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall
inure to the benefit of the City and Developers 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.
11.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The venue of any litigation arising out of this
Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida.
12.0 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.
13.0 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 Developers as to the subject matter hereof. The Exhibits attached hereto and
referenced herein are hereby fully incorporated herein by this reference.
14.0 Severability. If any provision of this Agreement shall be held 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.
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15.0 Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
16.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the
Public Records of Seminole County, Florida by the City.
17.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developers are independent contractors and not agents of the City. Nothing herein
shall be deemed to create a joint venture or principal-agent relationship between the 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.
18.0 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).
19.0 City's Police Power. Developers agree and acknowledge 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.
20.0 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.
21.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and shall
not in any way whatsoever create any rights on behalf of any third party.
22.0 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.
23.0 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.
24.0 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,
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condition, term or restriction shall not relieve Developers 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 Developers are in breach of any term or condition of this Agreement.
25.0 Default. Failure by either party to perform each and every one of its obligations
hereunder shall constitute a default, entitling the non-defaulting party to pursue 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, Developers
specifically acknowledge and agree that violations of this Agreement will also constitute a
violation of the Zoning Ordinances of the City, and this Agreement may be enforced in the manner
of zoning code violations pursuant to the City Code. Prior to any party filing any court action as
a result of a default under this Agreement, the non-defaulting party shall first provide the defaulting
party with written notice of said default. Upon receipt of said notice, the defaulting party shall be
provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of
the non-defaulting party prior to filing said action.
26.0 Termination. The City shall have the unconditional right, but not obligation, to terminate
this Agreement, without notice or penalty, if Developers fail 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 Developers permanently abandon construction of the Project, provided,
however, the City shall first deliver written notice and an opportunity to cure to the defaulting
party as set forth in Section 25.0 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 elect to initiate a Future Land Use designation
amendment and rezoning of the Property, the advertising and noticing costs of which shall be borne
by the Developers. In that circumstance, the Developers hereby waive 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.
27.0 Indemnification and Hold Harmless. Developers shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developers
hereby agree 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 Developers and Developers’
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.
28.0 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 acts of
God, acts of government authority (other than the City’s own acts), acts of public enemy or war,
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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 (“Force
Majeure 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 proscribed
hereunder shall be extended by the amount of time that such party was unable to perform solely
due to the Force Majeure 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. The City Manager
shall have the authority to grant an extended Time Period. An extension of any Time Period for
reasons of a Force Majeure Event shall be requested solely as provided in this Section. Developer
hereby waives and relinquishes the right to notify the City of the intent to exercise the tolling and
extension of any permit related to the Project, including Time Periods under this Agreement,
development orders, and building permits, available under Section 252.363, Florida Statutes, as
the result of a declaration of a state of emergency issued by the Governor for a natural emergency.
29.0 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:
Attn: City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
For the Developers:
Kado Investments, LLC
Attn: Kira Woods, Managing Member
Matthew Merdian as her attorney in fact
Address: 1857 Lake Spier Dr
Winter Park FL 32789
Youdali International Investments, LLC
Attn: Steven D. Fieldman, Managing Member
Matthew Merdian as his attorney in fact
Address: 349 Agnes St
Orlando, FL 32801
Kira Woods
Attn: Kira Woods
Matthew Merdian as her attorney in fact
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Address: 1857 Lake Spier Dr
Winter Park FL 32789
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.
30.0 Assignment. Prior to completing the construction of the Project and reaching final build-
out of the Project, Developers 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, Developers shall be entitled to assign their rights and obligations under this Agreement
to a parent, subsidiary, or affiliated entity in which Developers or their members are members or
interest holders without City consent, provided that the City is given notice of such assignment in
accordance with Section 29.0 herein. Any assignment authorized by this subparagraph shall
require the assignee to be a formal signatory to this Agreement and fully assume all of Developers’
obligations, commitments, representations, and warranties under 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
____________________________________
Kevin McCann, Mayor
Date: _______________________________
ATTEST:
________________________________ CITY SEAL
Christian Gowan, City Clerk
Approved as to form and legality for
the City of Winter Springs only:
_________________________________
Anthony A. Garganese, City Attorney
Date: ____________________________
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STATE OF FLORIDA
COUNTY OF
SEMINOLE
The foregoing instrument was acknowledged before me by means of (___) physical presence or
(___) online notarization, this day of _____________, 2024, by Kevin McCann, Mayor of
THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, on behalf of the
corporation. He is personally known to me or has produced __________ as identification.
(NOTARY
SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: ________________
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
Address of Witness
Signature of Witness
Printed Name of Witness
Address of Witness
KADO INVESTMENTS, LLC,
a Florida Limited Liability Company
Print name and title: ________________________
Date: _______________
STATE OF
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COUNTY OF
The foregoing instrument was acknowledged before me by means of (___) physical
presence or (___) online notarization, this ______ day of ___________, 2024,
by____________________, the __________________ of Kado Investments, LLC. He/she is
personally known to me or produced ___________________ as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
Address of Witness
Signature of Witness
Printed Name of Witness
Address of Witness
YOUDALI INTERNATIONAL
INVESTMENTS, LLC,
a Florida Limited Liability Company
Print name and title: ________________________
Date: _______________
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of (___) physical
presence or (___) online notarization, this ______ day of ___________, 2024,
by____________________, the __________________ of Youdali International Investments,
LLC. He/she is personally known to me or produced ___________________ as identification.
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(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
Address of Witness
Signature of Witness
Printed Name of Witness
Address of Witness
KIRA WOODS
Print name and title: ________________________
Date: _______________
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of (___) physical
presence or (___) online notarization, this ______ day of ___________, 2024, by Kira Woods the
__________________ of ________________________. He/she is personally known to me or
produced ___________________ as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
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DEVELOPERS ARE HEREBY ADVISED THAT SHOULD DEVELOPERS 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.
EXHIBIT A
Legal Description of the Property
LOTS 25 AND 32, ENTZMINGER FARMS ADDITION NO. 2, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD 419, (NEW SANFORD-OVIEDO ROAD, PER REFERENCED PLAT
OF ENTZMINGER FARMS ADDITION NO. 2) AND THE WESTERLY LINE OF LOT 32 OF
THE AFORESAID ENTZMINGER FARMS ADDITION NO. 2; THENCE N06°48'50"W,
ALONG SAID WESTERLY LINE, A DISTANCE OF 178.55 FEET TO THE NORTHWEST
CORNER OF THE AFORESAID LOT 32; SAID POINT ALSO BEING A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE ATLANTIC COAST LINE RAILROAD;
THENCE S82°26'56"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND
NORTHERLY LINE OF LOTS 32 AND 25, A DISTANCE OF 1,838.88 FEET TO THE
NORTHEAST CORNER OF LOT 25; THENCE S07°12'27"W, ALONG THE EASTERLY LINE
OF LOT 25, A DISTANCE OF 26.03 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY LINE OF STATE ROAD 434 (LONGWOOD- OVIEDO ROAD, PER REFERENCED
PLAT OF ENTZMINGER FARMS ADDITION NO. 2); THENCE, ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434 AND AFORESAID STATE
ROAD 419, THE FOLLOWING FOUR (4) COURSES: S82°43'16"W, A DISTANCE OF 86.85
FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF
2737.83 FEET, A CHORD BEARING OF S79°57'47"W, A CHORD DISTANCE OF 231.49
FEET, AND A CENTRAL ANGLE OF 04°50'45"; THENCE, ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 231.55 FEET TO A POINT; THENCE S81°06'41"W, A DISTANCE
OF 317.18 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS
OF 1235.24 FEET, A CHORD BEARING OF N87°25'00"W, A CHORD DISTANCE OF 491.04
FEET, AND A CENTRAL ANGLE OF 22°55' 45"; THENCE, ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 494.33 FEET TO A POINT; THENCE N75°57'07"W, A DISTANCE
OF 582.85 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 3869.72 FEET, A CHORD BEARING O N76°49'37"W, A CHORD DISTANCE
OF 118.16 FEET; AND A CENTRAL ANGLE OF 01°44'59"; THENCE, ALONG THE ARC OF
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SAID CURVE, A DISTANCE OF 118.17 FEET TO THE POINT OF BEGINNING. SAID
LANDS CONTAINING APPROXIMATELY 7.84 ACRES, OR 341,667 SQUARE FEET,
MORE OR LESS.
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EXHIBIT B
Land Use Plan
131
NIMESH BHAVSAR, P.E.FL. REG. # 56861C-1352-(&712 Consultant:621 E. Washington St., Suite 8Orlando, Florida 32801Office: (407) 704-7815www.omengineer.com,668('$7( 5(9,6,21612'$7( '(6&5,37,21 Overall Site Plan - ConceptYOUDALI INVESTMENTS LOTS 25 & 32SITE MODIFICATIONS4301 SR 419 WINTER SPRINGS, FL 3270812'$7( '(6&5,37,21 12'$7( '(6&5,37,21 12'$7( '(6&5,37,21 12'$7( '(6&5,37,21 )((7 $5($72%('(9(/23('132
NIMESH BHAVSAR, P.E.
FL. REG. # 56861
C-2
PROJECT NO.: 22-2211
Consultant:
621 E. Washington St., Suite 8
Orlando, Florida 32801
Office: (407) 704-7815
www.omengineer.com
ISSUE DATE:
REVISIONS
NO. DATE:
DESCRIPTION: Master Civil Site Plan - ConceptYOUDALI INVESTMENTS LOTS 25 & 32SITE MODIFICATIONS4301 SR 419 WINTER SPRINGS, FL 32708NO. DATE:
DESCRIPTION:
NO. DATE:
DESCRIPTION:
NO. DATE:
DESCRIPTION:
NO. DATE:
DESCRIPTION:
FEET
0 15 30 60
RIBBON CURB (TYP)
PARCEL LOT
BOUNDARY
CRUSHED STONE SURFACE OR
EQUIVALENT PERVIOUS SURFACE
FOR PARKING
PARCEL LOT
BOUNDARY
PARCEL LOT
BOUNDARY
EXISTING
WETLAND
BOUNDARY
25' MIN. BUFFER FROM
WETLAND BOUNDARY
WIDEN EXISTING ENTRANCE TO
ACCOMMODATE LARGER VEHICLES
(ENTRANCE ONLY)25' SETBACKEXI
S
TI
N
G
W
E
TL
A
N
D
A
R
E
A
T
O
REM
AI
N
U
N
A
F
F
E
C
T
E
D
10'
EXISTING CHAIN LINK FENCE
ALONG PARCEL PERIMETER TO REMAIN
GATE AT ENTRANCE
RIGHT ONLY EXIT
PROPOSED
FENCE
PROPOSED FENCE
PROPOSED WALL
PROPOSED WALL
GATE AT EXIT
25' SETBACK26'
EXISTING ON SITE SEPTIC
SYSTEM TO REMAIN AS IS
R35'
R
2
5
'R35'R10'R35'
TOTAL PARCEL AREA: 8.12 ac
PROPOSED PARKING LOT AREA: 32,655 sf (0.75 ac)
PARKING LOT CONFIGURATION: 18" OF NO. 57 STONE ON 12" STABILIZED SUBGRADE, RIBBON CURB ALONG THE PERIMETER
PRELIMINARY DRAINAGE APPROACH:
1.NO FEMA FLOODPLAIN IMPACTS ARE ANTICIPATED WITH THIS SITE PLAN DEVELOPMENT. THE 100-YR FEMA
FLOODPLAIN ELEVATION WITHIN THE ADJACENT FLOODWAY RANGES FROM 11.0 TO 12.0 NAVD 88. THE ESTIMATED MIN.
EXISTING SURVEY SPOT ELEVATION WITHIN THE WORK AREA IS AT ELEV. 14.6 NAVD 88.
2.BASED ON PRELIMINARY INFORMATION AVAILABLE, FROM THE ONLINE USDA/NRCS WEB SOIL SURVEY (WSS), THE
EXISTING SOILS WITHIN THE SITE PLAN AREA ARE GENERALLY COMPRISED OF SOILS OF HYDROLOGIC SOIL GROUP
(HSG): A, WHICH ARE CLASSIFIED AS WELL DRAINING AND GENERALLY GOOD FOR INFILTRATION. THIS WILL BE
VERIFIED WITH A GEOTECHNICAL ENGINEER IN THE DESIGN PHASE.
3.BASED ON A PRELIMINARY DETERMINATION, THE PARKING AREA CAN LIKELY BE USED TO PROVIDE ANY REQUIRED
STORMWATER TREATMENT AND ALLOW INFILTRATION INTO THE EXISTING SOILS.
4.ALL REQUIRED PERMITTING WILL BE FOLLOWED DURING DESIGN PHASE, INCLUDING PERMITTING WITH THE ST. JOHNS
RIVER WATER MANAGEMENT (SJRWMD) DISTRICT.
OPEN STORAGE OF VEHICLES SUCH AS
RECREATIONAL VEHICLES, BOATS, ETC.
133
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5
5
5
5
134
NIMESH BHAVSAR, P.E.FL. REG. # 56861C-1F352-(&712 Consultant:621 E. Washington St., Suite 8Orlando, Florida 32801Office: (407) 704-7815www.omengineer.com,668('$7( 5(9,6,21612'$7( '(6&5,37,21 Overall Site Plan - Concept w/ FEMA MAPYOUDALI INVESTMENTS LOTS 25 & 32SITE MODIFICATIONS4301 SR 419 WINTER SPRINGS, FL 3270812'$7( '(6&5,37,21 12'$7( '(6&5,37,21 12'$7( '(6&5,37,21 12'$7( '(6&5,37,21 )((7 $5($72%('(9(/23('135
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0,1%8))(5)520:(7/$1'%281'$5<:,'(1(;,67,1*(175$1&(72$&&2002'$7(/$5*(59(+,&/(6 (175$1&(21/<
6(7%$&.(;,67,1*:(7/$1'$5($725(0$,181$))(&7('
(;,67,1*&+$,1/,1.)(1&($/21*3$5&(/3(5,0(7(5725(0$,1*$7($7(175$1&(5,*+721/<(;,7<5)/22'<5)/22'5(*8/$725<)/22':$<352326(')(1&(352326(')(1&(352326(':$//352326(':$//*$7($7(;,7
6(7%$&.
(;,67,1*216,7(6(37,&6<67(0725(0$,1$6,6136
Description:
LOTS 25 AND 32, ENTZMINGER FARMS ADDITION NO. 2, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD 419, (NEW SANFORD-OVIEDO ROAD, PER REFERENCED
PLAT OF ENTZMINGER FARMS ADDITION NO. 2) AND THE WESTERLY LINE OF LOT
32 OF THE AFORESAID ENTZMINGER FARMS ADDITION NO. 2; THENCE
N06°48'50"W, ALONG SAID WESTERLY LINE, A DISTANCE OF 178.55 FEET TO THE
NORTHWEST CORNER OF THE AFORESAID LOT 32; SAID POINT ALSO BEING A
POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE ATLANTIC COAST LINE
RAILROAD; THENCE S82°26'56"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
AND NORTHERLY LINE OF LOTS 32 AND 25, A DISTANCE OF 1,838.88 FEET TO
THE NORTHEAST CORNER OF LOT 25; THENCE S07°12'27"W, ALONG THE
EASTERLY LINE OF LOT 25, A DISTANCE OF 26.03 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434 (LONGWOOD- OVIEDO
ROAD, PER REFERENCED PLAT OF ENTZMINGER FARMS ADDITION NO. 2);
THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434
AND AFORESAID STATE ROAD 419, THE FOLLOWING FOUR (4) COURSES:
S82°43'16"W, A DISTANCE OF 86.85 FEET TO A POINT ON A CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 2737.83 FEET, A CHORD BEARING OF
S79°57'47"W, A CHORD DISTANCE OF 231.49 FEET, AND A CENTRAL ANGLE
OF 04°50'45"; THENCE, ALONG THE ARC OF SAID CURVE, A DISTANCE OF
231.55 FEET TO A POINT; THENCE S81°06'41"W, A DISTANCE OF 317.18 FEET
TO A POINT ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1235.24
FEET, A CHORD BEARING OF N87°25'00"W, A CHORD DISTANCE OF 491.04 FEET,
AND A CENTRAL ANGLE OF 22°55' 45"; THENCE, ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 494.33 FEET TO A POINT; THENCE N75°57'07"W, A
DISTANCE OF 582.85 FEET TO A POINT ON A CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 3869.72 FEET, A CHORD BEARING OF
N76°49'37"W, A CHORD DISTANCE OF 118.16 FEET; AND A CENTRAL ANGLE OF
01°44'59"; THENCE, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 118.17
FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING APPROXI MATELY 7.84 ACRES, OR 341,667 SQUARE FEET,
MORE OR LESS.
137
138
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application –FLU Amendment
01/2024 Page 1 of 5
The Community Development Director reserves the right to determine whether this application is complete
and accurate. An incomplete application will not be processed and will be returned to the applicant. The application
shall be reviewed per City of Winter Springs Comprehensive Plan (CP) and Zoning Code. Applications shall be reviewed for
sufficiency (completeness) within thirty (30) calendar days per FL Statue 166.033. A Community Workshop
may be required.
Future Land Use 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.
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, F.S.. Applicants are further advised
that site-specific Rezones are quasi-judicial in nature. Therefore, applicant acknowledges and agrees, by signing
below, that he or she:
• May be sworn-in as a witness in order to provide testimony to the City Commission;
• Shall be subject to cross-examination by party intervenors (if requested); and
• Shall be required to qualify expert witnesses, as appropriate.
Applicants are encouraged to familiarize themselves with Section 2-30 of the Winter Springs City Code relating
to Quasi-Judicial Rules and Procedures of the City Commission to the extent they are applicable.
NOTE: This application is ONLY for properties looking to annex into the City. If you are looking only to change
the Future Land Use designation and/or Zoning classification on a property, please use the appropriate application.
REQUIRED INFORMATION
Applicant(s): Date:
Mailing address:
Email:
Phone Number:
Property Owner(s):
Mailing Address:
Email:
Phone Number:
Parcel ID(s):
OM Engineering Services, Inc.
621 E. Washington Street, Ste 8, Orlando, FL 32801
dbansal@omengineer.com
407-704-7815
Matt Merdian (POA Agent for YOUDALI INTERNATIONAL INVESTMENTS LLC, KIRA WOODs, KADO INVESTMENTS LLC)
1889 BERKELEY CT, MAITLAND, FL 32751-3461
info@taxdeedpro.com
407-230-8093
34-20-30-5AW-0000-0250
06/25/2024
139
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application –FLU Amendment
01/2024 Page 2 of 5
Parcel Size:
Existing Use:
Existing Future Land Use Designation:
Proposed Future Land Use Designation:
Existing Zoning District:
Proposed Zoning District:
What effect will the proposed amendment have on the City’s budget or the economy of the region?
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?
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.
What impact will the proposed amendment have on the environment, natural resources, and historical
resources of the City or the region?
Identify surrounding neighborhoods and land use. Is the amendment compatible with these surrounding
uses and land use designations?
Will the proposed amendment promote or adversely affect the public health, safety, welfare, economic
facilities. It will not unduly burden the public facilities.
Property will not have a impact on the sanitary sewer, solid waste, potable water and recreation public facilities
Property will have minor impact to the drainage and traffic circulation.
The property is self contained for RV & Boat storage therefore will not require services from public
The property is self contained therefore the amendment will not effect the City's budget or the economy of the region.
The design will maintain the existing resources and therefore the property will not have a impact on the environmental,
natural resources and historical resources. A landscape buffer and wall will be constructed to conceal the property.
Existing surrounding business are a Dominion Metal Recycling Zoned for Industrial, Preferred Materials Inc
Zoned Mineral Processing, Southern Truss Co. LLC & HL Pruitt Zoned Open Space. Yes
6.99 AC
Agricultural/Single Family
Agricultural/Single Family
General Commercial District (C-2)
Commercial Neighborhood/General (C)
140
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application –FLU Amendment
01/2024 Page 3 of 5
order, or aesthetics of the City or 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?
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.
Identify how the request is consistent with the Goals, 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 City’s implementation of the Comprehensive Plan?
Is the proposed amendment consistent with any master plan applicable to the property?
Describe with specificity any evidence which the applicant intends to present to the City Commission,
including oral factual testimony, maps, photographs, records or reports and/or expert testimony:
Attach all documentary evidence which the applicant intends to present to the city commission to the back of this
No. Property will be secured and concealed with ornamental concrete wall and landscaping.
Approval of amendment will not effect the Comprehensive Plan.
The proposed rezoning is consistent with the Land use plans for the local municipality.
Yes.
This is consistant with the goals of the Land use plans and will not effect the Comprehensive plan.
Current property adjacent to this property is Industrial and Commercial. At the Non-Binding Preliminary
review presentation, we provided evidence to the City which included existing pictures and current use
of adjacent properties.
141
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application –FLU Amendment
01/2024 Page 4 of 5
application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and
documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted
at the city commission hearing if not submitted at least seven (7) days prior to such hearing
REQUIRED DOCUMENTATION
___ A complete Application and Fees
___ A general description of the relief sought under this division.
___ A brief narrative, with applicable supporting competent substantial evidence and documents, as to why
the application satisfies the relevant criteria set forth in Comprehensive Plan and Zoning Code.
___ A Legal Description accompanied by a certified survey or the portion of the map maintained by the
Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale).
142
143
Published Daily in
Orange, Seminole, Lake, Osceola & Volusia Counties, Florida
Sold To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
Bill To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
State Of Florida
County Of Orange
Before the undersigned authority personally
appeared
Rose Williams, who on oath says that he or
she is a duly authorized representative of the
ORLANDO SENTINEL, a DAILY
newspaper published in ORANGE County,
Florida; that the attached copy of
advertisement, being a Legal Notice in:
The matter of 11150-Public Hearing Notice
Was published in said newspaper by print in
the issues of, or by publication on the
newspaper¶s website, if authorized on Nov
19, 2024.
Affiant further says that the newspaper
complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Rose Williams
Sworn to and subscribed before me on this 20 day of November, 2024,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
7728119
144
145
7728119
146
COMMUNITY
DEVELOPMENT
Talbert Jackson, MSURP
Senior Planner
COMP-2024-0002: Ordinance 2024-09 Second Reading
City Commission
147
Background
COMMUNITY DEVELOPMENTDEC 09, 2024
AGENDA ITEM
400
City CommissionCOMP-2024-0002: Ordinance 2024-09 Second ReadingProperty Address: 4301 SR 419 (± 7.84 ac)
April 08, 2024:
Ordinance 2024-04 to annex property
May 08, 2024:
Community Workshop
June 20, 2024:
Pre-Application Meeting
August 07, 2024:
Public Notice Letters – Public Hearing
August 23, 2024:
Newspaper Advertisement (Rezoning)
September 09, 2024:
Planning & Zoning Board – APPROVED
September 23, 2024:
City Commission 1ST Reading – APPROVED; Pending DA for 2nd Reading
November 11, 2024:
SCPA - Acreage updated from 8.12 to 7.84 acres
November 19, 2024:
Development Agreement – Drafted and Agreed
Newspaper Advertisement (Rezoning)
148
Future Land Use (FLU)
COMMUNITY DEVELOPMENTDEC 09, 2024
AGENDA ITEM
400COMP-2024-0002: Ordinance 2024-09 Second ReadingExisting Unincorporated FLU:
Suburban Estates
Proposed FLU:
Commercial
Transitions and buffers commercial and
residential FLUs from Industrial FLUs while
allowing for proposed use
Proposed Use:
Outdoor Storage of vehicles, boats, and up
to five(5) cargo containers
City Commission
149
Future Land Use - Comparisons
COMMUNITY DEVELOPMENTDEC 09, 2024
AGENDA ITEM
400COMP-2024-0002: Ordinance 2024-09 Second ReadingCommercial
Comprehensive Plan Future Land
Use Element provides “some of the
City’s [commercial] future land use
acreage has been developed as
multiple family housing, under the
City’s conditional use permitting
process.”
Industrial
Comprehensive Plan Future Land
Use Element provides “the Industrial
future land use category serves as an
area to locate authorized land uses
and activities which could have
on
residential areas, religious
institutions, schools, parks, day care
centers, and other public institutions
located within the City.”
V
E
R
S
U
S
City Commission
150
Development Agreement
COMMUNITY DEVELOPMENTDEC 09, 2024
AGENDA ITEM
400COMP-2024-0002: Ordinance 2024-09 Second ReadingRestricted Use:
Outdoor storage of vehicles, boats, and up
to five (5) shipping containers (non-
stacked)
City of Winter Springs:
Provides City of Winter Springs a drainage
easement over Gee Creek for access and
maintenance
City Commission
151
Future Land Use Request
COMMUNITY DEVELOPMENTDEC 09, 2024
AGENDA ITEM
400COMP-2024-0002: Ordinance 2024-09 Second ReadingCommercial Future Land Use
Applicant:
OM Engineering Services, Inc.City Commission
152
ANY QUESTIONS?
DEC 09, 2024
AGENDA ITEM
400
COMMUNITY DEVELOPMENTCOMP-2024-0002: Ordinance 2024-09 Second ReadingCity Commission
153