HomeMy WebLinkAbout2025 06 23 Public Hearing 401 - Friest Reading - Ordinance 2025-04; FLU for 1333 N US HWY 17-92PUBLIC HEARINGS AGENDA ITEM 401
CITY COMMISSION AGENDA | JUNE 23, 2025 REGULAR MEETING
TITLE
First reading of Ordinance 2025-04, Small-Scale Future Land Use Map Amendment of
one (1) parcel of land located at 1333 N US HWY 17-92
SUMMARY
The privately owned property generally located at 1333 N US HWY 17-92 was
voluntarily annexed into the City by Ordinance 2023-02. Ordinance 2025-04
proposes to assign the Commercial Future Land Use to the subject property.
The applicant intends continued utilization of the property for the storage of
automobiles for sale/ auction. The proposed Future Land Use (FLU)
designation of Commercial meets the analysis requirements addressed in the
staff report as it aligns with the prevailing character of the immediate
surrounding properties as well as future goals and objectives of the City.
FUNDING SOURCE
RECOMMENDATION
The Community Development Department recommends that the City Commission
recommend approval of the first reading of Ordinance 2025-04 for a small-scale
Future Land Use Map Amendment to assign the Commercial Future Land Use to
property generally located at 1333 N US HWY 17-92.
292
TITLE
1333 N US Hwy 17-92 | Small-Scale Future Land Use Map Amendment
SUMMARY/UPDATE
The Community Development Department requests that the City Commission hold a
Public Hearing to consider Ordinance 2025-04 for the Small-Scale Future Land Use Map
Amendment of four parcels totaling ±9.82 acres located on the east side of U.S. Hwy 17-92
north of Shepard Rd. from Seminole County “Industrial” to City of Winter Springs
“Commercial”.
General Information
Applicant James G. Willard, Esq.
Property Owner(s) Florida Auto Auction Properties, LLC
Location East side of U.S. Hwy 17-92 north of Shepard Rd.
Tract Size ±9.82 acres
Parcel ID Number 28-20-30-501-0000-0100, 28-20-30-501-0000-010A,
28-20-30-501-0000-010B, and 28-20-30-501-0000-
013A
Zoning Designation Seminole County M-1
FLUM Designation Seminole County Industrial
Adjacent Land Use North: Conservation
East: FDOT Stormwater
Pond
South: Sprague Electric Co.
West: U.S. Hwy 17-92
Development
Permits
None
Development
Agreement
None
Code Enforcement None
City Liens None
Request:
The applicant has initiated a Small-Scale Future Land Use Map Amendment for the subject
property, located on the east side of U.S. Hwy 17-92 north of Shepard Rd. Ordinance 2025-
PUBLIC HEARINGS AGENDA
CITY COMMISSION
June 23, 2025 | REGULAR MEETING
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PUBLIC HEARINGS AGENDA | MONDAY, JUNE 23, 2025 | PAGE 2 OF 5
04 proposes to change the Future Land Use Map designation from Seminole County
“Industrial” to the City of Winter Springs “Commercial”.
Background Data:
The subject site is comprised of four (4) parcels totaling 9.82 acres. Historically, General
Dynamics Corporation or its affiliates manufactured printed circuit boards and other
electronic equipment at this property from the mid-1960s to the early 1980s. The structures
which were previously on the site have been demolished. As discussed during the
annexation process, the property is an EPA Superfund site and is undergoing a
remediation process for groundwater contamination. As discussed during the annexation
process, the EPA has identified the responsible party as Raytheon Technologies, and the
City bears no responsibility for the remediation. Changing the future land use designation
of the property does not create any liability on the City’s part.
The subject property was annexed into the City of Winter Springs via Ordinance No. 2023-
02, recorded in the Official Records of Seminole County, Florida, at Official Record Book
10470 Pages 1624-1628.
Public Notices:
Public Hearing Notices were mailed to all owners of real property adjacent to and within
approximately five-hundred (500) feet of the subject property and to all Homeowner’s
Associations registered with the City Winter Springs and located within one-half (1/2) mile
of the subject property (21 notices) on May 23, 2025.
Comprehensive Plan Amendment Analysis:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Through Ordinance 2025-04, the applicant is requesting the City of Winter Springs
“Commercial” future land use designation be applied to the parcels. The requested
Future Land Use Map designation is intended to bring the property’s Future Land Use
designation to be consistent with the City’s Comprehensive Plan. The requested Future
Land Use Map designation was determined by evaluating the prevailing character of the
immediate surrounding properties as well as by evaluating the use and future goals and
objectives of the City.
Future Land Use Map (FLUM) Amendment Analysis:
The following criteria is set forth by City of Winter Springs Code of Ordinances Section 15-
36 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 proposed amendment is expected to have a favorable effect on the
city’s budget by way of increased tax revenue. The property was annexed
into the city in 2023, and changing the Future Land Use to a category
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PUBLIC HEARINGS AGENDA | MONDAY, JUNE 23, 2025 | PAGE 3 OF 5
consistent with the city’s Comprehensive Plan will allow for appropriate
use of the property.
2. Whether the proposed amendment will diminish or negatively impact the
Level of Service (LOS) of public facilities;
Analysis:
The proposed amendment will not have a negative impact on the LOS of
public facilities. The proposed use of the property is automobile storage
in conjunction with an auto auction facility within 2 miles – a use which
has minimal impact on city services.
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 property is currently vacant and does not have any natural or historical
resources on it. The property to the north is conservation, and the proposed
use of automobile storage will not have an unfavorable impact on the
environment.
The site is also currently an EPA Superfund site which is being remediated
by the EPA and the Responsible Party as identified by the EPA.
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, Objective 1.5 which promotes land use compatibility.
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, in conjunction with a rezone and
accompanying Development Agreement limiting the permitted land use
to vehicular storage of untagged vehicles associated with an automotive
sales dealership,will not pose any significant increase in public facilities
(water, sewer, etc.) and will promote the effective use of public facilities.
6. Whether the proposed amendment is compatible with surrounding
neighborhoods and land use;
Analysis:
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PUBLIC HEARINGS AGENDA | MONDAY, JUNE 23, 2025 | PAGE 4 OF 5
The surrounding land uses are similar to and compatible with that of the
subject property. The property to the north is conservation and the
property to the east is a FDOT stormwater pond. Existing development to
the south is light industrial in nature and is therefore compatible.
7. Whether approval of the proposed amendment will cause the
Comprehensive Plan to be internally inconsistent;
Analysis:
The proposed amendment is consistent with the goals, objectives, and
policies of the City of Winter Springs Comprehensive Plan. The proposed
amendment would promote consistency with the Comprehensive Plan by
ensuring that the subject property receives an appropriate City Future
Land Use Designation which is compatible with the Future Land Use
designations of surrounding properties.
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:
There 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;
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 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.
Analysis:
The proposed amendment is consistent with the City’s Comprehensive
Plan and City Code.
Applicable Law, Public Policy, and Events:
- State of Florida Statues
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PUBLIC HEARINGS AGENDA | MONDAY, JUNE 23, 2025 | PAGE 5 OF 5
o Sections 163.2511-163.3246: Growth Policy; County and Municipal Planning;
Land Development Regulation (Provides that any development regulations
for municipal planning be consistent with the Comprehensive Plan).
o Section 166.041: Procedures for adoption of ordinances and resolutions.
- Code of Ordinances City of Winter Springs
o Chapter 15, Article 3 – Comprehensive Plan Amendments
- Comprehensive Plan City of Winter Springs
o Future Land Use Element Objective 1.5
Procedural History:
Procedural History:
July 10, 2023 Annexation approved by City Commission
June 05, 2025 Planning & Zoning Board | Recommendation of
Approval on Future Land Use Amendment
June 23, 2025 City Commission | Hearing on Future Land Use
Amendment
Recommendation:
Staff recommends that the Planning & Zoning Board recommend adoption of Ordinance
2025-04 to the City Commission to change the Future Land Use designation from
Seminole County “Industrial” to City “Commercial”.
Attachments:
1. Current Future Land Use Map
2. Proposed Future Land Use Map
297
Current Future Land Use
298
Proposed Future Land Use
299
City of Winter Springs
Ordinance No. 2025-__
Page 1 of 5
ORDINANCE NO. 2025-04
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 FOUR (4) PARCELS OF REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS TOTALING APPROXIMATELY 9.82 ACRES,
MORE OR LESS, GENERALLY LOCATED EAST OF US HIGHWAY 17-92
AND NORTHEAST OF THE INTERSECTION OF SHEPARD ROAD AND
HIGHWAY 17-92, SAID PARCELS BEING MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT “A” ATTACHED
HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION
ON THE PARCEL FROM COUNTY “INDUSTRIAL” 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 July 10, 2023, the City Commission adopted Ordinance Number 2023-
02, which is recorded in the Official Records of Seminole County, Florida, at Book 10470, Page
1624, 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 March 06, 2025, 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.
300
City of Winter Springs
Ordinance No. 2025-__
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 “Industrial” 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 order,
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
301
City of Winter Springs
Ordinance No. 2025-__
Page 3 of 5
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 ___________________________, 2025.
____________________________________
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: ___________________________
302
City of Winter Springs
Ordinance No. 2025-__
Page 4 of 5
EXHIBIT “A”
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
Legal Description:
303
City of Winter Springs
Ordinance No. 2025-__
Page 5 of 5
Depiction:
304
Published Daily in
Orange, Seminole, Lake, Osceola & Volusia Counties, Florida
Sold To:
City Of Winter Springs - CU00116922
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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
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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:
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Was published in said newspaper by print in
the issues of, or by publication on the
newspaper¶s website, if authorized on May
26, 2025.
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 27 day of May, 2025,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
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7819429
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