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HomeMy WebLinkAbout2008 11 01 Public Hearings 400 Ordinance 2005-29 Large Scale Comprehensive Plan Amendment 47.27 acres PLANNING & ZONING BOARD LOCAL PLANNING AGENCY AGENDA ITEM 400 November 1, 2005 Meeting Consent Information Public Hearin X Re ular REQUEST: The Community Development Department -Planning Division requests that the Local Planning Agency hold a Public Hearing to consider Ordinance 2005-29, a Large Scale Comprehensive Plan Amendment, referenced as LS-CPA-06-O1 which changes the Future Land Use Map designation from "Industrial" to "Medium Density Residential" for seven (7) parcels containing 47.27 acres, more or less, less areas 1 & 2, located between Shepard Road and Florida Avenue. PURPOSE: 7'he Keewan Real Property Company of Winter Park, Florida, has initiated the request for a barge Scale Future Land Use Map Amendment, changing the Future Land Use Map designation for the existing 47.27 acre (more or less) vacant property so that it can be developed into residential townhouses. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommenda- ~`,~ J November 1, 2005 Public Hearing Item 400 tion, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. "Che LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: The following summarizes the data the City has been able to gather related to the Wildwood PUD and the adjoining Dittmer property: Around 1971, the Wildwood PUD was established by National Homes Corporation of Lafayette, Indiana. On July 24, 1973, the Wildwood PUD Plat was recorded with a cluster and patio homes development east of (and including) the Florida Power & Light easement. The western portion of the PUD was intended as garden apartments and townhomes. May 10, 1983- At the request of Walt Dittmer, 30 acres west of the power easement of the Wildwood PUD Master Plan was amended, from all Multi-Family to a mix of Multi-Family, Commercial and Industrial uses. July 12, 1983- At the request of National Homes Corporation, that portion of Wildwood Drive located on the Florida Power Corporation easement was approved for public hearing related to the vacation of the drive since it was included in the amended Master Plan. April 24, 1984- PUD Master Plan Revision adopted by the City Commission. The Multi-Family portion was amended to be Professional Offices. The final plan was a tiered office park concept (Winter Springs Commerce Center) with Industrial development to the west, then Commercial and next, Professional Offices facing eastward and appearing as residential structures. July 10, 1984- The Preliminary Plan for Phase I (illustrating this concept) was approved by the C;ity Commission. (See ATTACHMENT A). The two cul-de-sacs were granted a double variance with the condition that they be linked by a stabilized emergency connection for police and fire vehicles. The design was never developed and the property has remained undeveloped. Conditions of approval of the Preliminary Plan included: 1- The Applicant/Agent (identified) shall agree that the submissions for review are reviewed only as supplementary data to amend (improve) the design concept of the plan for the development (identified) previously approved by the Planning/Zoning Board and the City Commission, and 2.- The Applicant/Agent shall re-design scheme B2 to interrupt the thru access via the parking lot off Shepard Rd., as annotated on Scheme B2 by the Staff, and; 3- The Applicant/Agent shall provide an obscured however stabilized road base for the through passage of emergency vehicles in the area annotated on Scheme B2 by the Staff, and; 4- In the event of approval by the Planning/Zoning Board and the City Commission of the proposed amendment (including its feature, a change of the land use from duplex residences to garden office duplexes/triplexes, that appear from their eastern (front) elevations to be residential Page 2 November I, 2005 Public Hearing Item 400 structures) the applicant shall submit a completed "preliminary" development plan, revised accordingly and otherwise in compliance with the city code, for review and approval, and; S- Otherwise the conditions of prior approval withstanding shall not be affected by the amendment proposed. And Additionally- ] . Anon-living solid barrier is to be located as a buffer on any property bordering residential property and to be maintained by the Commerce Center and to be installed prior to construction; and 2.. There will be no parking on the eastern half of the easement. Sept. 23, 1985- The easternmost portion of the Florida Power Corporation easement 15-feet by 1700- feet dedicated by Mr. Dittmer to the Rustic Woods Homeowners Association as a green belt and 90-day extension given for PUD Final Development Plan. Nov. 26, 1985- A subdivision bond was recorded for the following: 1- Construct a berm to a maximum height of four feet; 2- Landscape such berm; 3- Construct a retention system with rip/rap support within such berm; 7'o be located within the 175' wide Florida Power Corporation Right-of--Way as recorded in the Wildwood Plat. Additionally, the construction of a "T" section on Wildwood Drive resulting from the vacation of a portion of the Wildwood Drive right of way is noted. Parcel 33-20-30-503-0000-025A (5.850 acres) was not included, but was later reclassified to be included as part of the PUD based on the petition of Dittmer Properties Inc. (Ordinance 436, adopted Oct. 20. 1988). T'he rezoning of this parcel was granted (according to the ordinance), so that the property might "be included within the boundaries of the adjacent PUD." The City's current maps do not reflect this change. (ATTACHMENT F) 1997- Seminole County Community Redevelopment Agency established the U.S. 17-92 Corridor Community Development Area (CRA) and Winter Springs supported by Resolution. All of the subject property, except Parcel `F' is included in the CRA. F'eb. 16, 2005- Large Scale Comprehensive Plan Amendment Request received. Application and Fee returned to applicant based on Winter Springs Code Section 15-32. Seat 2005- Re-Application for Large Scale Comprehensive Plan Amendment Application included only four (4) of the seven (7) parcels: 26-20-30-5AR-0000-0210 23.25 acres 33-20-30-503-0000-0150 2.0 acres 33-20-30-503-0000-0240 7.450 acres 33-20-30-503-0000-025A 5.850 acres Oct. 19, 2005-Revised Application for Large Scale Comprehensive Plan Amendment including seven (7) parcels, less areas 1 & 2 (as described in ATTACHMENT B) Oct. 26, 2005- Adjacent property owners within 150' notified by Certified Mail Page 3 November 1, 2005 Public Hearing Item 400 Oct. 26, 2005- Public Noticing in Orlando Sentinel of LPA Public Hearing Nov. 1, 2005- LPA to hear the request and make recommendation re: Ord. 2005-29. CONSIDERATIONS: Applicant -The Keewan Real Property Company Owner- Dittmer Properties Inc.; 1006 Shepard Rd., Winter Springs, FL 32708 Location -South of Shepard Road and North of Florida Avenue, adjacent to the Florida Power & Light easement and west of Wildwood and Greenspointe residential communities. Total Acreage- 47.27 acres, more or less. Site Information - The property is included in the US 17-92 CRA Redevelopment District. The parcels are primarily vacant (except for dirt bike racing and unauthorized outdoor equipment storage along Florida Avenue). The parcels have an "Industrial" Future Land Use. The applicant is requesting a Future Land Use change to "Medium Density Residential": The following parcels are included: PARCEL `A' 28-20-30-5AS-0 B 00-015A 3.290 acres L.EG BEG 70 FT N 4 DEG 49 MIN 25 SEC E OF SE COR LOT 15 BLK B RUN N 4 DEG 49 MIN 25 SEC E629.50FTN86DEG2MIN40SECE267.59FTS3DEG57MIN20SECE166.02FTSWLYON CURVE 60.21 FT S 26 DEG 2 MIN 26 SEC W 301.10 FT SLY ON CURVE 143.86 FT S 85 DEG 53 MIN 25 SEC W 161.12 FT TO BEG (LESS RD) BLK B OAK GROVE PARK PB 7 PG 83 Existing Land Use: Vacant Zoning: "PUD" Current Future Land Use: "Industrial" Froposed Future Land Use: "Medium Density Residential" PARCEL `B' 28-20-30-5AS-OB00-0170 3.404 acres LEG LOTS 17 + 18 + LOTS 15 + 16 E OF W LINE OF LOT 21 BLK C LEVY GRANT (LESS BEG 70 FT N4DEG49MIN25SECEOFSECORLOT15RUNN4DEG49MIN25SECE629.50FTN86DEG 2 MIN 40 SEC E 267.59 FT S 3 DEG 57 MIN 20 SEC E 166.02 FT SWLY ON CURVE 60.21 FT S 26 GEG2MIN26SECW301.10FTSLYONCURVE143.86FTS85DEG53MIN25SECW 161.12 FT T'O BEG & RD) BLK B OAK GROVE PARK PB 7 PG 83 Existing Land Use: Vacant Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `C' 26-20-30-SAR-0000-0210 23.25 acres LEG LOT 21 (LESS N 579.5 FT OF W 330 FT + PT PLATTED WILDWOOD) BLK C; D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Existing Land Use: Vacant, except for dirt bike racing Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" Page 4 November I, 2005 Public Hearing Item 400 PARCEL `D' 33-20-30-503-0000-0150 2.0 acres L.EG ELY 225 FT OF NLY 385 FT OF LOT 15 ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: Vacant Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `E' 33-20-30-503-0000-0240 7.450 acres LEG LOT 24 (LESS E 25 FT OF S 200 FT) ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Vacant, except for unauthorized outdoor equipment storage Zoning: "PUD" Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" PARCEL `F' 33-20-30-503-0000-025A 5.850 acres L.EG LOT 25 (LESS W 204.42 FT OF S 341.94 FT) ENTZMINGER FARMS ADD NO 3 PB 6 PG 2.7 E'.xisting Land Use: Vacant Zoning: "C-2" (according to the Zoning Map); however, PUD according to Ordinance 436. Current Future Land Use: "Industrial" Proposed Future Land Use: "Medium Density Residential" Page 5 November 1, 2005 Public Hearing Item 400 PARCEL `G' 33-20-30-503- OS00-0000 .500 acres L.EG THAT 25 FT STRIP LYING N OF 8 ADJ TO LOTS 24 & 25 ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Existing Land Use: FP&L Easement, Water Retention "honing: °`p~" Current Future Land Use: "Medium Density Residential" Proposed Future Land Use: "Medium Density Residential" Not included is PARCEL `H': 2&20-30-5DL-0000-0001) 6.840 acres L.EG 175 FT FLORIDA POWER CORP ESMT (LESS ELY 15 FT) & VACD WILDWOOD DR ADJ WILDWOOD PB 19 PGS 7 TO 10 F'sxisting Land Use: FP&L Easement; Retention Zoning: "pUD" Current Future Land Use: "Medium Density Residential" Proposed Future Land Use: "Medium Density Residential" F;xistin~ Land Uses -All of the parcels are supposedly vacant. Overflow parking occurs along Shepard Rd for Dittmer Aluminum; dirt biking is prevalent on parcel "C" (according to adjacent property owners); and parcel `E' is currently leased by Mr. Dittmer to someone who is using it for outdoor storage. No site plan approval or permits have been issued for a use on this parcel. Adjacent existing land uses, zoning and FLUM designations include the following: Subject Siites "Primarily" Vacant PUD (WS) and Industrial (WS) C-2 S North Dittmer Aluminum C-2 (WS) Industrial (WS) Fabrication SOUth Equipment Storage and Single C-2 (WS) and __ . Industrial (WS) and Low Family Residential R-lA (SC) Density Residential (SC) East Single Family Residential PUD (WS) Medium Density Residential West Miscellaneous Commercial & C 2 (WS) and Industrial (WS) & Industrial Uses including Car C-2 (SC) Commercial (SC) Dealerships (WS) Winter Springs; (SC) Seminole County; Development Trends -The most recent development within Winter Springs in the immediate area is Apex Transmission (2005) immediately adjacent to 17-92 and west of the property. Other recent development includes a wholesale coffee roaster (2004) and the KIA Dealership (2000). The property representative for the Elsea property (to the south on Florida Avenue) indicates that they get 1-2 letters a week from interested purchasers looking for industrial land. Proposed Future Land Use Classification -The proposed change in the future land use map designation from City of Winter Springs "Industrial" to City of Winter Springs "Medium Density Residential" is incompatible with the existing adjacent Industrial land to the south (Elsea Page 6 November I, 2005 Public Hearing Item 400 property). This property will remain as a pocket of Industrial surrounded by Residential if the applicant is successful in obtaining the change in future land use. The same concern has been raised by the Elsea property representative. The subject property is also incompatible with the adjacent US 17-92 uses. Whereas, an existing buffer exists with the power easement, there is no existing buffer to these adjacent industrial properties. Letters/Phone Calls In Favor Or Opposition -Numerous calls requesting information have been received. One call has indicated an objection to the request for a change in the future land use. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues, which staff analyzed in reviewing this application: Justification for Future Land Use Designation -The requested future land use map designation is primarily driven by two factors: 1- The mazket for townhouse development; and 2- The owner's failed attempt to market and establish the Winter Springs Commerce Center that was granted preliminary plan approval in 1984. The market for townhouse development can not be denied. Currently, the City has 300 townhouses that have been permitted since 2000, with an additional 2212 more townhouse/condominium units in various stages of approval. Of these, 70% are located within the Town Center. Densification of the Town Center is not only permitted but encouraged. However, the subject property is not in the Town Center and its highest and best use is not as residential property. Residential property is able to locate in most parts of the City. Industrial property cannot. It is not in the best long term interest of the health, safety and welfaze of the citizens of Winter Springs for this property to be utilized as a residential development. 71ie City has a limited supply of industrial property. The Comprehensive Plan indicates the need for an additional 105 acres of industrial land by 2010, and it is not reasonable to assume that additional industrial lands will become easily available. Although the property has remained vacant, it cannot be assumed that today's mazket does not support its use as depicted on the approved PUD Amended Master Plan. 7'wo years ago, the Planning and Zoning Board went through a visioning process related to the subject property as well as properties along US 17-92. This process resulted in the creation of a new C-3 Highway Commercial Zoning District, as well as the addition of the C-3 permitted uses into the I-1 Light Industrial Zoning District. Therefore, an evaluation of the prevailing character of the immediate area and the future goals and objectives of the City cannot support the applicant's request for a change to the industrial future land use. Public Facilities: ROADS/TRAFFIC CIRCULATION: Availability of Access: Page 7 November 1, 2005 Public Hearing Item 400 Direct access is available to the subject property from Shepard Road (north) and from Florida Avenue (south). To the east, Wildwood Drive originally connected to the property through the FP&L easement, however that connection was vacated in 1985. Mr. Dittmer owns property that would give the subject parcel direct access to US 17-92, however, those properties are not included in the applicant's contract with Mr. Dittmer, and therefore are not a consideration in this request. (See Proposed Conceptual Plan, ATTACHMENT C). Improvements/expansions needed as a result ofproposed future land use change In evaluating the impacts of the change in future land use it is necessary to consider the difference between the approved PUD Master Plan and the proposed 334-unit townhouse development. The information provided by the applicant considered the Industrial land use without this measure, and thus concluded a substantial reduction in the expected trips per day. More analysis is required to determine the difference between what has already been authorized and what is being proposed. Shepard Road is considered a minor collector road where it abuts the property on the north and where the applicant is proposing the main entrance to the development. Florida Avenue is a paved county road and may require upgrading to support the increase in traffic. Current levels of service for the adjacent roadways are: iJS 17-92 between Shepard and SR 419 is a 6-lane arterial. Between Shepard and SR 434 it is a 4-lane arterial. The collection point is north of Shepard and indicates the 2004 daily volume at 39,579 vehicles. A LOS "D"capacity is 35, 700. US 17-92 has a LOS of "F". Shepard Road is a 2-lane collector with a LOS of "C" with a 2001 daily volume of 5226. A LOS "D" capacity is 10,000. Florida Ave.'s LOS is unknown at this time. POTABLE WATER: Facilities serving the parcels: Parcels at SR 434 & Shepard and SR 434 & Florida Ave. are currently serviced by City water. Improvements/expansions needed as a result of proposed amendment: The developer of the subject property will be required to tie into city water. SANITARY SEWER: Facilities serving the parcels: Parcels at SR 434 & Shepard and SR 434 & Florida Ave. are currently serviced by City sewer. Improvements/expansions needed as a result of proposed amendment: The developer of the subject property will be required to tie into city sewer. RE-USE WATER SYSTEM: Facilities serving the parcels: None. Improvements/expansions needed as a result of proposed amendment: None. Page 8 S~Tovember 1, 2005 Public Hearing Item 400 DRAINAGE/STORMWATER: Facilities serving the parcels: The parcels at SR 434 & Florida Ave. is serviced by City stormwater. Improvements/expansions needed as a result of proposed amendment: None. SOLID WASTE: Facilities servine the parcels: The City has an exclusive franchise agreement with a solid waste hauler, Waste Services of l~lorida, unti12006, who will provide service to this area. Improvements/expansions needed as a result of proposed amendment: None. ELECTRIC SERVICE: The City of Winter Springs is serviced by Progress Energy for electric service. These parcels will remain with Progress Energy without any interruption of service. A future land use change will not impact the current electric rates. RECREATION & OPEN SPACE: Facilities serving the parcels: There are no recreation or open space parcels adjacent to the area although the parcels are serviced by the City's extensive park system. Improvements/expansions needed as a result of proposed amendment: The developer of the subject property will be required to provide recreational property on site if developed as residential townhouses. F~ IRE: Facilities serving the parcels: Station 24 on Moss Rd. in Winter Springs is the closest Winter Springs station. Station 17 in Longwood would be first responder as it is slightly closer. Response time would be less than 5 minutes. Improvements/expansions needed as a result ofproposed amendment: None. POLICE: Facilities serving the site: Station on 300 N. Moss Rd. in Winter Springs is the closest Winter Springs station. Response time would be less than 5 minutes. Improvements/expansions needed as a result of proposed amendment: None. Nuisance Potential Of Proposed Use To Surrounding Land Uses -The change in designation from (City of Winter Springs) "Industrial" to (City of Winter Springs) "Medium Desnity Residential" will not result in incompatibility between the proposed townhouse occupants and future industrial uses that would develop to the south of the subject property, as well as a Page 9 November 1, 2005 Public Hearing Item 400 potential incompatibility with commercial and industrial uses to the west that currently exist ~~long US 17-92. Natural Resources Comgatibili - 'I'he properties under consideration include wetlands at Boat Lake. Other conservation areas or environmentally sensitive areas are unknown at this time. SOILS 'Che soils on this property are generally Urban Land. Source: Soil Survey of Seminole County, Florida published by the Soil Conservation Service of the U.S. Department of Agriculture 'COPOGRAPHY 'Che subject property appears to have a 20-foot rise in elevation based on the contour information available through Seminole County GIS. FLOOD PRONE AREAS Boat Lake impacts parcels C, D & E. The applicant indicates that the proposed development plan includes a 25' upland buffer area adjacent to the lake and wetland areas. HISTORIC RESOURCES None known. WILDLIFE The properties under consideration may have Gopher Tortoises. An environmental analysis will be required and if Gopher Tortoises exist appropriate permits must be obtained before any removal takes place. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Comprehensive Plan states that the amount of industrial acreage required to meet future growth is an additional 105 acres by 2010 (Future Land Use Element, Table I-4). Currently, there are 83 acres of developed industrial lands within the City of Winter Springs. For every 1,000 people, there are 2.6 industrial acres (2001). Based upon proposals for increased industrial acreage, it is projected that the demand will increase to nearly 5 acres per 1,000 population. Future Land Use Element, Policy 1.5.6: Buffers. Low-density residential areas shall be buffered from intensive commercial and industrial land uses. This will be accomplished by locating less intensive transitional uses in between, or by buffering with berms, trees, or other methods to be included in the Code of Ordinance as deemed appropriate by the City. The FP&L Easement acts as a 175' buffer to the Wildwood PUD. The Wildwood PUD is a Medium Density Residential area. The easement includes existing berming, retention areas, and a vacated right-of--way to further buffer the PUD from the property and to prevent access from one to the other. If the land use is changed to Medium Density Residential, these actions would have unnecessarily divided similar uses and reduced interconnectivity ofresidential properties. Page 10 :[November 1, 2005 Public Hearing Item 400 if the land use is changed to Medium Density Residential, the remaining adjacent industrial properties to the west and south will be put at risk. Although the applicant would be required to put in a 6' masonry wall (per Code), this wall will not equate to the existing buffer that has ~~lready been established. (See Proposed Future Land Use Map, ATTACHMENT E). Future Land Use Element, Policy 1.5.10: As implemented through the adoption of the City s land development regulations, lands designated "Industrial " on the Future Land Use Map shall also serve as an area to locate authorized land uses and activities which could have adverse secondary effects (e.g. increased crime; neighborhood deterioration and blight; property devaluation; economic deterioration; health risks; and other adverse effects) on residential areas, religious institutions, schools, parks, day care centers, and other public institutions located within the City. As stated in Policy 1.5.10, it is critical that the City maintain industrial future land use areas for uses that may be considered detrimental to other areas of the City, in order to protect the health safety and welfare of its citizens. Although uses considered as obnoxious nuisances do not exist to the same extent that they did in the 1920s when Euclidean zoning became prevalent, it is still rtot in the best interest of the citizens of Winter Springs to use up valuable industrial land for housing. Future Land Use Element, Policy 1.6.4: The City shall prohibit proposed land use amendments tivhich are anticipated to reduce the LOS for transportation facilities below the standard. Future Land Use Element, Policy 1.6.5: Land uses that generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems. Transportation Element The Comprehensive Plan requires a traffic study be performed during the final engineering phase. The results of that study will determine further compliance measures, if needed. FINDINGS: (1) It is unknown what effect the proposed amendment will have on the City's budget. Generally the cost of services for housing is greater than the tax revenue generated; (2) It has not been substantiated by the applicant that the proposed amendment will not reduce the LOS of public facilities; (3) The proposed use is not expected to have any unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) The proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no longer required as this rule was repealed; (.5) The proposed amendment may unduly burden public facilities; (6) The proposed amendment is not compatible with the surrounding industrial land uses; (7) The proposed amendment will not cause the comprehensive plan to be internally inconsistent, but rather, addresses current internal inconsistencies in the plan. Page 11 S~iovember 1, 2005 Public Hearing Item 400 (8) The proposed amendment could adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida Administrative Code. STAFF RECOMMENDATION: Staff recommends that the LPA hold a Public Hearing and recommend Denial to the City Commission for First Reading/Transmittal Hearing and Adoption of Ordinance 2005-29, a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of the seven (7) subject properties, containing 47.27 acres, more or less, between Shepard Rd and Florida Avenue, from (City of Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential". IMPLEMENTATION SCHEDULE: Nov. 10, 2005- Public Noticing in Orlando Sentinel of Public Hearing for lst Reading Nov. 21, 2005- Transmittal Hearing / 1St Reading of Ordinance 2005-29 Nov. 28, 2005- Possible Transmittal to DCA ATTACHMENTS: A- PUD Master Plan Amendment & Preliminary Plan, 1984 I3- Application and Justification for Request <:- Proposed Townhouse Concept Plan I)- Existing Future Land Use, November 2005 I:- Proposed Future Land Use, November 2005 I~- Existing Zoning, November 2005 (3- Ordinance 2005-29 with Exhibit A (Map & Legal Description) LPA ACTION: Page 12 ~~ ,. ., .r V '- ~Y^ ATTACHMENT A y~ ~~ n ~... Y ~7". ., ~"~ ATTACHMENT A OFFICE/WAREH4U5E N.... , w~. , .. .,... r. - w .... :.~::~~.. p.~r ,aa~., . . ,,~. FRONT ELEVATION J~ „`~ G.A.RDEN OFPICE ATTACHMENT B CITY pF WiNTE_R SPRINGS COMMUNITY DEVELOPMENT O£pARTNENT 1116 STATE ROAD 434 ~ WIN1'BIt SYAINGS, .FL X2708 ~'~ 407.327-5987 FAX:407-327-8e9S 1~PPLiCATlON MOR COMPREHENSIVE PC.Al~i A1i1RNDMENT AP-LItJAATI: _ The Keevin Real Ptppert~ CoIIyany -- - IJIt Fhrt t>ttddti MALLINaAPD1tES3: 1031_ Wt:st Morse Blvd. Suite 325 Winter Park FL 32789 PItoNE (407) 645-4400 s~ ybeaf, - _ >E Applicant dod NOT own the P'aP~Y PROPERTYOWivSR: ~~itt~acr _Pzouert est••,_Inc. [rr }tint iT~OJ bLULlIrA ADp$SSS: 1006 She na r Rd . Winter Spjinas. FL 327D8 aN 3tue Ztp Cede Paoli: _ (907) _ Tau sequat u for the properey desm'bed below; PROIaPRTYADDRESS: South side of Shepard Rd., East of S.R. 17-92 TAX PA_R.CEI.NUD48HR:_ Sep Atta,c'•.~2d - MULtj~le Parcels 5iZ1tOFPwRCbL: ~-059,D81.2 SF 47.27 Acres a4+~itier Acres Place state the tearaur er jusa'denion for tom Coaprehanivs Plm,la~aeodmeel (Future land Use C-so8e): current FUTURE LAND L'SS ClasaiReaitoi - L~ 11.8 Ls i a l REQUEST for a Cbamje m City of WinOa 5ptinp FUTURE LAND USE ClaaiDeuion: Y e s u you are eequeatie= an Arnrndmeat to the Otu4.Oblectlvw, A PoGciaa of the City's C,oy~reheaaive Plan, net Earth theytoposad Amsadmem in dshIl and provlds suppoetipj deworetttatbn. Cunerst ZONING Claufdcadon PUD . C- 2 ,ya 14 Boa ~. .~ ._ t._. _. ~ _. -- LB 39tlo 9NIa33JI9N3 SNtlf13 ES609bZL0b 9©~LT 506Z/6i/BI COMPREIiEi~i5lYE PJ.eLN AMLNDhfENTS are mltjact to the Approval of the City Coremiuioe. Eaea actioo is Daly effective wDsn i1:e Notice and Vox ltequbvoeats olChapeer 166 and 171, Florida $uman Ww bem achieved. IaRGE SCALE COMPIU,.FIENSIVE PLAN AM16lSDtrQtNTS are eubjea to Approval by the Florida Dent of Community AII"tira sad trs pot e![ective tratil the Depat»~t of Community A>riiea faauu a'Notiee of ]steer' to &nd the Comprehenstw Plan Arxtrbaeat is comPliatioe adds the rer~erpaw of C[vpxr 167.7164 and 163.3 t 87, Florida Searles. t?aleaa othuw(te provided try ]aw,lhe Cottsa-ehecsive plea of the Chy of W:atar Sprie6s atsaII be amended aefy nvkY peryeer iq accvrdaece with 163.7167(1) F.9. and Wieser Spry Cod. afOrdia'rd, Seetioa LSJ2 s thllewa: ,soalicario~ rutSmiyr~deadltesr: $prbtj- No {atcr thaw 7:00 p.ra oa the lltet Wedeeaday to February. The application(s) will tre reviewed u a ttteetins of the bul phminy a6eacy t01H Geld ip Ap[i1 or u otberwtae pracdcabte. Felt- No Lter thap 3:00 pm oo the lust Wedpadty m Aa6ust. The application(s) will be rciawred at a meetle6 of die bcal ptappin6 a6eecy w >x )said in Ocbbar or as otherarise practicable. SMALL SCALE AMENDMEiv"T9 may be approved witLout reYat3 to aredttory liroitf art the tiequeocy of cotulderedDO of arpeudrnenta uada the eoaditFooa approved by law. APPLICAN75 ate advised, thst if thry decide to appeal arty deraaiaoa roads at the rneetirtgs or i>emi+~s, wi$ reapea to any ra.CCr eoesidered at the mwan6a a hnria6a, they w311 peed a rem: d of the proceedipps and, 4or such putpoaca, thry wr'll seed to ieaere that a+~eebatatrs xeord of the ptoeedisga is wade. at that cost svhlch ipehtdea tltc teatirruray sad cvidenee upon which the appeal u to be eased, par 7.660105, Florida Sestuta. 7 IN ITEM 6 EU LI W D copy d tfis mat rsunt SURVEY of <he subject property with Mat's and ©aursds tbn. A py d me ~~ca eescRlpT10N. fsV1I z 17 MAP ahowinp ADJACENT 97'REETS end zONtNG fWD LAND USE aaaelfrcetaons on he ADJACENT PROPERTY. TIFtCATION tar the Rsauest based on Coae $eetion 20.102(d). (Sao Attsehetl Llst) OAF AIAMES entl ADORE8SES of eacFt property ownrar within 150 ft. of eedt property Ilea. l~orarized AUTHORIZATION of the Owner, IP~s Applleattt Is other Ihen the Owner or Attorney far the Owner (see below). CVAPPUCATION FEES: FEBS ax u SHOWN BELOW pica ACIVAL COSTS ipttitrad ksr ADVP1t71SIND or NOTIPlCAT10N, sad for R611rID11R5&tiQ+NC for TECIiNICAL and/or FRA~FfiSS10NA4 56itViGfS which may be raQoirrd in canaaethe with the review, ipapectipp @ approwl of ally development (bated oa aceovaria6 wbmitud by ttie City's Conapltaat) , pzyable prior to appeorel of tie peetieeat ata6e of dswlopreerrt. COPddPAEHFN3IVE PLAN AM$NDMI~IT pet Appticaot s 1 ,DOD Segall Scale (Omarally SO aaee or fewer) 5 S00 Lrp Scala (ceoetally Mare thap 16setes; Text Aeaeaersents)' S 1000 ~ PirriaM w Cfror< ! 4 fbriQa SrssW7es TOTAL DUt'_ 5 I 0 Ayd>4 JGW Ee 39t1d 9NTa33NI91J3 SN17f13 E9699b1L9V 99 ~LL S9t3Z/6L/9T --~•••er•-~.---w-r-a~r•r•rr~rrrNHrerY~•1~•-r~yrrrrrrrar~-rRrrr-~-rwMrrwMNAlrr•-• FOR USE WHEN APPLICANT Li OLyNER bF TFIE SUBJECT PROPERTY: i'~i~ is to cutity that 1 am die Owes in fts eit~ple of aebject lands deae:foed whin tfiis Appticatioe fer Coe~+tahm~ive Plan AaMndmant: $itwture of Oa~rte. $N'etII iD fed a~OaCr.~ed be[ete tiff flay dayo[ soi .. NotaryPubtic Panmally Kmw Produced Liemtif~carion. t,T)~e} D{d iake ae Oalh Did Net take wd Oath MNr r • NwNrN-rrlr«rwr4grlr Nr-a+qM r~M~rrgripq r1 r W4N• •rM qNr rer-Nrr rrra POR U9E WHEN APPLICANT j~,luQ7 OWNER OR T1iE SUBJECT PROPERTY: f, ~\/d ~~ f' J~ da hereby with pry mnriaea u~datute a116w Keewin Re31 piooe=ty Co.tomainttechent[eo[]andwcofmypropatsy.7bc peepctryi:ideatifiedax Tax ParwllQuaobe(s}. See attachac: - tiulti~le Parcels l.ocatsdar South side of Shepard Rd., iust,East pf S.R. 17-92 aed u llut}let identified on the Mwyasd)Bt~uads dnedptiou piavided wilt tLk Appliwtie¢ Sworn m and a~bsm'bed berme are thu ~ s+'+ d,y or~ zoo. ~v'1 . a. i u0,4,t~ -- Notaty ndy Cownbtioa ecepu~ae: ranenany Kmw -~ Prodneed ~' (Ty{'xj ne ~ ~ry~ s dtity~ns~- laid nice an Oath Aid Nx take cod O~ 3 1wrCene+wont~xe~d6t w! Ian ~+ seo>' spa >S xa+ b0 3JVd `.JNId33NI9N3 SlJtirl3 £9609bLG0b 90 ~LT 500E/6T/BT Gomprehensive Plan Request Shepard Road Townhomes - Dittmar Property February 15, 2005 The following submittal is for the Shepard Road Townhome development in the City of Winter Springs, Florida. The existing property is located between Shepard Road and Florida Ave. on the East side of 17-92. The existing property is vacant with an industrial land use and PUD zoning. The proposed development will be fee simple townhomes and will require a land use amendment to Medium Density Residential. What effect will the proposed amendment have on the City's budget or the economy of the region? The proposed townhome development will offer approximately 350 units of residential use to a vacant piece of property. This property has been marketed as industrial development but continues to remain vacant. The townhome project will increase the city's tax base while bringing new citizens to the region. Describe how the City might provide adequate services from public facilities to the affected property. Will the amendment promote the cost effective uae of or will it unduly burden public facilities? The proposed project fronts on two roads Shepard and Florida Ave. Both roads are public and provide adequate access for the townhome. Both roads access hwy 17-92 far conveyance to SR 417 and SR 434. Water and sewer lines are also available on the .Power easement and Florida Ave. The proposed water system may have the ability to loop systems on Florida Ave. and improve the city's water supply. An existing lake on the property will also provide adequate outfall for the stormwater drainage on the property. 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 additional impacts of the proposed townhome project on public facilities will be offset by unit fees and the possibility of tying systems together to improve service. Vehicle access through Shepard Road will be offset by the proximity to 17-92. Other proposed improvements may include a left turn and right tum decal tans on Shepard Road. Sanitary sewer will also be discharged through a pressure force main to the city system. Solid waste service will be accommodated through the city's contract waste pickup. The Seminole County transfer station is within close proximity for waste handling. Drainage will be accommodated through the existing lake on the property. Additional retention will be accommodated on-site to meet the city and water management district requirements. Shepard Road Townhomes - Dittmar Property February 15, 2005 What impact will the proposed amendment have on the environmental, natural resources, historical resources of the City or the region? Before the project is developed a full environmental survey will be performed including wetland, threatened and endangered species, phase 1 environmental and soils surveys. Historical resources will also be addressed during the water management district permit process. The project will also be designed to preserve as much natural environment as possible including perimeter buffers and internal trees. Identify surrounding neighborhoods and land use. Is the amendment compatible with these? The property to the West is predominantly industrial and commercial along 17-92. On the North across Shepard Road is also industrial property. The eastern development is multifamily with a medium density land use. Southeast is public lands and south across Florida Ave- is a mixed use development including residential and commercial developments. Southeast is public lands. This development will be contiguous to the property on the East and is requesting the identical land use. In addition the townhome development will transition to the industrial and commercial property on 17-92. Will the proposed amendment promotae or adversely affect the public health, safety, welfare, economlc order, or aesthetics of the City or region? This amendment will promote the safety, welfare, economic order and aesthetics of the city. The proposed townhomes will include double garages and large units. These units will be offered in multiple room options to accommodate small to large families. Amenities will also be provided for the units to further promote a recreational complex. Identify how the request is consistent with the Objectives and Policies of the Comprehensive Plan. Will approval of the amendment cause any internal inconsistencies? This townhome development is consistent with the following elements of the comprehensive plan policy. • Under the Residential Land Use categories in the Comprehensive Plan Future Land Use Element for the City of Winter Springs Medium Density Residential includes townhouses up to nine units per acre. Within the Natural Resource section the project contains a natural water body which will be maintained for the townhome amenity. • The soil types as listed in the Natural Resource section are also conducive for development as depicted in Map I-3. • Since this project exists within the city boundaries water and sewer should have adequate capacity for service as stated in the analysis section of the Future Land Use Element under the analysis section for potable water and sanitary sewer. • This project does not lie in a flood prone area as defined by the FEMA map. Based on the city's future residential land needs this project offers a transition development between the industrial !commercial property on 17-92 and the existing multifamily development to the East. Shepard Road Townhomes - Dittmar Property February 15, 2005 Describe how the proposed amendment is consistent with the goals, obJectives and policies of the State Comprehensive Plan set forth in Chapter 18T, Florida Statues, and the East Central Florida Regional Policy Plan, adopted by Rule 29 F- 19.001, Florida Administrative Code. The proposed amendment meets the State Comprehensive Plan due to the compatibility with surrounding land uses and transition ability. Within the state plan infrastructure is in place to service this development. • Transportation planning includes the widening of portions of 17-92 to further allow growth in this part of the city. • State environmental concerns will be adequately addressed including local and state permitting for stormwater and preservation lands. 3 ATTACHMENT C d ;a ,,1 r, ,, ,, ~' l ,, _ ' ' ~:1 1 ~ ~ - i ~ i Il `~ L~ ~"` I ~ / ~ / $ V = `~} 1` ,1 .. ~~r~ ' r ,~ S`. 1 _ ~'~~ r 1 ~ 11-~•"r" 1 t ~ l 1 V _':_ 1 1 $ ~} ~" ~`} ~ ,aural .lam"„~ .:' ` _ .~ ~~ -~ ~_ ~ _k ,, -_ _C3~ _ ~ ~ ~ k u ~~` z ,:_ _ -. ~ -_ ~ ~~-~ a ~-k ~~~,, t_ - ~ ~ ~j: ~ v ~ ~. , i- ~ ,.-.---` b iiiii ~ - es~.e~E iiiii;' ~. '~ ~ ~ ~e , ~ -~-r.~.w a~.e ren s/sl.~- rrarrarr~ __ ATTACHMENT D Dittmer Property FLUM Change Request Existing FUTURE LAND USE October 2005 '~ -....- SHEPARD RD _ `1 ~ li ,_r ~ TANOLEWOW ~ 77 ; ~.~ r ~p .. O t i o ~ ~ o ~ r ~ ~ SUMME RLAND OR ... ///)_ LAKESIDE ~ . / /f a~ o j z ~Tt+Ek- ~`. __. TANGLEp ..... ,~ ~. 8 pRR f~^_ wOODtllwn ~HERWOOpDa.. BRtARwppp FOREST$T O QP ~U~O ~~~ TN131 O RD s 3 0 300 600 1,200 Feet N ATTACHMENT E Dittmer Property FLUM Change Request Proposed FUTURE LAND USE October 2005 LEGEND Commercial ~ Industrial ~~ Medium Density Residential Public /Semi-Public Recreation ~1_.__ ----- ~ARDRo - ~ ~ ~ .i 1 < ~." O ~ - ~ ~~ ` O 3 ~ ~ $ r 0'2 ~ a pf TANGLEWOOD ~ z ~ O ~ o o ~.~ SUMME BLAND DR LAKESfDE D(y ~ A - HEATH TANG s 70i G9Sj~~ WOOOL ~{ERW000 OR. ~ OR - ~ - BRfARW( FOREST ST g o~ ~N"O~~o~c ~~~ ' Win 4 > '.~. ~ A A DR MEACXPNBRLX)K m ~_' ~ ~ p d Rn ,. . : i _.. .FALCON pNH\N~A ~ ....... ,1.OTi, { 3 x c~ x q 0 300 600 1,200 Feet N ATTACHMENT F Dittmer Property FLUM Change Request ZONING October 2005 LEGEND ~~~ ' PUD i 1_ $ F g S $~ o i ~j cT 0 3 K ~ z " TANGLEWOW RD p a ~ ~~ 0 o SUMMERLAND 4R LAKESIDE pR c~Twooo yyq~ O A MEr1TNER LN TANO~E '~ GS~LEWDOO W OOpIAWN DR R ~ERWOpO~ -~.. BRIARWOOD pR FOREST S T ~ 1 O op ~i'ya ~` pv0 ~O,P 6N N19TLE JT~~ 9~. 9 h,~ ~R O %. Q an n fop O p A V "RD NN\NC+P' ¢ >- ....._. .... .... FALCON A ~ \ _O`~ t 7 V t .:", ~.j. t ~ 2 .. P. ~ ~ , ~ 5~ ~ ~„ r ~- ~~ ~ ~ ~ ~ ~ > __....~ E _,~- __.. p .. _, ~. _ ~ / r, ,: _. po i. t ~._ ~ k r . ~- v _. ~ ~ ~ ~ i ~ i I 1 '~~ ~~ / ti u 0 0 300 600 1,200 Feet N ATTACHMENT G ORDINANCE N0.2005-29 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CPA-06-O1, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS SEVEN (7) PARCELS OF LAND, CONTAINING 47.27 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG SHEPARD ROAD AND NORTH OF FLORIDA AVENUE, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM CITY OF WINTER SPRINGS "INDUSTRIAL" TO CITY OF WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAL"; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process forthe amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established in chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and City of Winter Springs Ordinance No. 2005-29 Page 1 of 3 WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-06-O1) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance are to adopt the large scale comprehensive plan amendment (LS-CPA-06-O1) designating the subject property from Seminole County "Industrial"to City of Winter Springs "Medium Density Residential." 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 designating the real property, depicted in Exhibit "A" as City of Winter Springs "Industrial," to City of Winter Springs "Medium Density Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted comprehensive plan amendment to the Florida Department of Community Affairs, in accordance with section 163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. 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 City of Winter Springs Ordinance No. 2005-29 Page 2 of 3 remaining portions of this Ordinance. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. 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 amendment 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 , 2005. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2005-29 Page 3 of 3 Y ~l ~~~ ~EL1 ~~ Feet November 1, 2005 Public Hearing Item 400 PARCEL NUMBERS 26-20-30-5AR-0000-0210 2&20-30-5AS-0600-015A 2&20-30-5AS-0600-0170 33-20-30-503-OS00-0000 33-20-30-503-0000-0150 33-20-30-503-0000-0240 33-20-30-503-0000-025A LESS AREAS 1 8~ 2 AS DESCRIBED: Area 1 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly described as follows: BEGIN at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence South 03°57'20" East, along the Westerly line of said WILDWOOD, for a distance of 166.02 feet to a point of curvature of a curve concave Westerly, having a radius of 175.00 feet and a delta angle of 29°59'46"; thence, continuing along the Westerly line of said WILDWOOD, run Southerly along the arc of said curve for a distance of 91.62 feet to the point of tangency; thence, continuing along the Westerly line of said WILDWOOD, South 26°02'26" West for a distance of 126.10 feet; thence, departing said Westerly line of said WILDWOOD, South 86°02'40" West for a distance of 94.04 feet; thence North 03°57'20" West for a distance of 362.73 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86°02'40" East, along said Southerly right of way line, for a distance of 180.52 feet to the POINT OF BEGINNING. Area 2 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly described as follows: COMMENCE at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence run South 86°02'40" West, along the Southerly right of way line of Shepard Road and Northerly line of said Lot 18, for a distance of 260.52 feet to the POINT OF BEGINNING; thence, departing said Southerly right of way line of Shepard Road and Northerly line of said Lot 18, South 03°57'20" East for a distance of 298.01 feet; thence South 86°02'40" West for a distance of 113.09 feet; thence North 04°49'25" East for a distance of 301.55 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86°02'40" East, along said Southerly right of way line, for a distance of 67.07 feet to the POINT OF BEGINNING. Page 13