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Home My WebLink About2014 08 06 Public Hearing 501 Ordinances 2014-19 Future Land Use Amendment & 2014-20 Rezoning of 1244 Orange Avenue PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM 501 Consent Information Public Hearing X Re ular Au�ust 6, 2014 Meeting REQUEST: The Community Development Department — Planning Division requests the City Commission hold a Public Hearing to consider 1) Ordinance 2014-19, a Small-Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation on one parcel totaling approximately 1.16 acres in size, located at 1244 Orange Avenue from Seminole County "Low Density Residential" to City of Winter Springs "Town Center", and 2) Ordinance 2014-20, which proposes to rezone one parcel totaling approximately 1.16 acres, generally located at 1244 Orange Avenue from Seminole County R-1 (Single-family dwelling district) to City of Winter Springs Town Center T3 (Suburban Zone). SYNOPSIS: The City of Winter Springs Community Development Department has received an application for a Small-Scale Future Land Use Map Amendment, which if approved, would change the Future Land Use Map designation for one parcel totaling approximately 1.16 acres in size located at 1244 Orange Avenue from Seminole County "Low Density Residential" to City of Winter Springs "Town Center". Additionally, the applicant has petitioned the City to rezone the property from Seminole County R-1 (Single-family dwelling district)to City of Winter Springs Town Center T3 (Suburban Zone). An existing single-family home is located on the property that the applicant proposes to demolish and construct a new single-family home that is approximately double in size in place of the original home. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • A�licant name and address and authorized representative: Michael McCoy, 216 Torcaso Court, Winter Springs, FL 32708. August 6,2014 Public Hearing Agenda Item 501 Page �2 • Propertv owner's name(s): Michael J. McCoy, Rosemarie McCoy and William M. McCoy. • Propertv addresses: 1244 Orange Avenue • Propertv Parcel ID numbers: 31-20-31-503-0000-0020 • Current FLUM Desi�nations: Seminole County Low Density Residential • Current Zonin� Desi�nations: Seminole County R-1 (Single-family dwelling district) • Previouslv A�roved Development permits such as conditional use, waiver, or variance if any�: None • Development A�reements (if any�: None • Pendin� Code Enforcement Actions (if any�: No known Code Enforcement actions • Citv Liens if any�: No known City liens. 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; Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. August 6,2014 Public Hearing Agenda Item 501 Page � 3 City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning Article III Establishment of Districts, Division 12. Winter Springs Code of Ordinances, Chapter 20, Zoning Article II, Section 20-31. Winter Springs Article III. Comprehensive Plan Amendments; Section 15-30. Authority, purpose and intent; Section 15-35. Review Procedure; 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's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Economic Opportunity. At a minimum, the Local Planning Agency shall consider the same factors considered by the staf£ The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. FUTURE LAND USE AMENDMENT Site Information — The subject parcel is approximately 1.16 acres in size and currently has a future land use designation of Seminole County "Low Density Residential". The applicant has petitioned the City annex the property into the City limits and to subsequently change the future land use designation of the parcel to City of Winter Springs "Town Center". Existin� Land Uses — One single family home that was constructed in 1962 is currently located on the subject property. The applicant proposes to demolish the existing home and construct a new single-family home that is approximately double in size in its place. The construction requires a connection to City water and sewer services, which requires annexation of the subject property into the City. The surrounding area is comprised of residential uses in both Seminole County and the City of Winter Springs. Adjacent existing land uses, zoning and future land use designations include the following: August 6,2014 Public Hearing Agenda Item 501 Page �4 � � � � � Subject One single-family home Seminole Seminole County Low Property County R-1 Density Residential (Single-family dwelling district North Undeveloped None (Lake None (Lake Jesup) ........................................................................................................................................... Jesup) South Orange Avenue right-of- None - right- None - right-of-way way of-way ........................................................................................................................................... East One single-family home Seminole Seminole County Low County R-1 Density Residential (Single-family dwelling ........................................................................................................................................... district) West Vacant Seminole Seminole County Low County R-1 Density Residential (Single-family dwelling district) Development Trends — The subject parcel along with the adjacent parcels consist primarily of residential uses. The parcel is located at 1244 Orange Avenue, in the northern portion of the Town Center. This area is primarily residential in character, but low intensity commercial uses as noted in the Town Center District Code are permitted. Proposed Future Land Use Classification — The proposed change in the future land use to City of Winter Springs "Town Center" will permit the development of a new single- family home on the property. Per the City's Comprehensive Plan, the "Town Center" future land use designation is based on a pro-active form-based code which regulates certain design conventions for streets, blocks, parks, and the way buildings and other structures relate to them and to one another for the long-term. Typical uses that are encouraged include residential. Letters/Phone Calls In Favor Or O�osition — To date, the City has not received any letters or phone calls in favor of or in opposition to this proposal. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: August 6,2014 Public Hearing Agenda Item 501 Page � 5 Justification for Future Land Use Desi�nation - The requested future land use map designation is City of Winter Springs "Town Center". The applicant has applied for the future land use amendment in order to demolish, and re-construct, one single-family home on the property. The proposed use and density is compatible with the surrounding area, as it generally characterized by residential development patterns. Public Facilities: ROADS/TRAFFIC CIRCULATION: The parcel has frontage on Orange Avenue, a local City road. This is the only available point of ingress/egress into the property. Availabilitv of Access: The property is currently accessed via Orange Avenue, a local City road. This is the only available point of ingress/egress into the property. Function Classification: The proposed amendment is not anticipated to affect the adopted LOS standards on the adjacent roadways. The demolition of the existing home and re-construction of one single-family residence on the property is anticipated to be a de minimus impact, or very minor to the surrounding roadways. This development is anticipated to generate no additional trips than are currently generated from the subject property. A detailed transportation impact analysis will not be required to be submitted and approved by the City as the property owner will demolish one single-family home and reconstruct one single-family residence on the property. POTABLE WATER: City water lines are available in the right-of-way of Orange Avenue. At the time of development, the applicant will be required to connect to available potable water service. WASTEWATER City wastewater lines are available in the right-of-way of Orange Avenue. At the time of development, the applicant will be required to connect to available wastewater service. RECLAIMED WATER: No reclaimed water facilities currently serve the subj ect parcel. ELECTRIC SERVICE: The City of Winter Springs is serviced by Duke Energy for electric service. Duke Energy will provide service to this area, with no interruption of existing service. A future land use change will not impact current electric rates. August 6,2014 Public Hearing Agenda Item 501 Page �6 SOLID WASTE: The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. One single-family home is proposed for reconstruction on the property. Stormwater facilities are not required to be constructed for a single-family home. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are averaged monthly. FIRE: Seminole County is responsible for fire protection. The closest fire station is located at 850 Northern Way, approximately 2.5 miles from the subject property. The response time is approximately seven minutes. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from Seminole County "Low Density Residential" to City of Winter Springs "Town Center" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Town Center" future land use designation, and the subject property is surrounded primarily by residential development. NATURAL RESOURCES COMPATIBILITY: According to the Seminole County Property Appraiser's data, there are no wetlands on the subj ect parcel, or within the vicinity of the subj ect parcel. SOILS According to the Seminole County Property Appraiser's data, Eau Gallie and Immokalee fine sands are concentrated on the portion of the property where the existing home is located. Pompano fine sands are located on the portion of the property which abuts Lake Jesup. Eau Gallie and Immokalee fine sands are very poorly drained, permeable soils in flats, sloughs, and depressional areas. Pompano fine sands are occasionally flooded. The subj ect parcel and the adj acent parcels are currently developed. FLOOD PRONE AREAS According to the Seminole County Property Appraiser's records, the portion of the property where the existing home is located is within flood zone "X". Based on this data, this area of the property appears not to be flood prone. The portion of the property that abuts Lake Jesup is within flood zone "AE", and is flood prone and is not conducive to development. August 6,2014 Public Hearing Agenda Item 501 Page �7 HISTORIC RESOURCES No known historical resources are located on the subject property or within the vicinity of the subj ect property. WILDLIFE There is no evidence of significant wildlife currently occupying the subject parcel. The parcel has had a single-family home located on it since 1962. The demolition of, and re- construction of, one single-family home does not require the submittal of an environmental impact report as the proposed development is anticipated to be de minimus, or very minor in nature. CONSISTENCY WITH THE COMPREHENSIVE PLAN Future Land Use Element Per the Comprehensive Plan, the "Town Center" future land use category encourages residential development and permits the construction of a single-family residence on the property. The surrounding area is generally characterized by Town Center type uses, which in this area of the Town Center is primarily residential; therefore, the proposed future land use amendment is consistent with the Comprehensive Plan. The proposed future land use amendment is consistent with the following objectives and policies from the Future Land Use Element of the Comprehensive Plan: 1. Policy 1.3.4 - requires the City to support proposed future land use map amendments with data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet the projected growth demands. 2. Policy 1.7.1 - requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments. 3. Policy 1.8.2 - requires the City to annex all enclaves, where feasible, in order to reduce land use conflicts and provide efficient public service. FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. August 6,2014 Public Hearing Agenda Item 501 Page � 8 3. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting appearance, and other factors deemed important. 4. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes. REZONING CONSIDERATIONS: The applicant is petitioning the City to rezone the subject parcel from Seminole County R-1 (Single-family dwelling district) to City of Winter Springs Town Center T3 (Suburban Zone) as the applicant proposes to demolish an existing single-family home that is located on the property and construct a new home that is approximately double in size of the existing home on the property. � � � � � Subject One single-family home Seminole Seminole County Low Property County R-1 Density Residential (Single-family dwelling district) North Undeveloped None (Lake None (Lake Jesup) ....................................................................................................................... ......... Jesup) South Orange Avenue right-of- None - right- None - right-of-way way of-way ....................................................................................................................... ......... East One single-family home Seminole Seminole County Low County R-1 Density Residential (Single-family dwelling ....................................................................................................................... ......... district) West Vacant Seminole Seminole County Low County R-1 Density Residential (Single-family dwelling district) Rezoning Analysis: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20-31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. August 6,2014 Public Hearing Agenda Item 501 Page � 9 (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with anv Master Plan for the propertX- A single-family home that was constructed in 1962 is currently located on the subj ect property. The applicant proposes to demolish the existing home and construct a new home that is approximately double in size of the existing home on the property. The surrounding area is residential in character. The proposal is consistent with Town Center District Code, which characterizes this area as the least dense residential area. (4) Not Contrarv to the Land Use Pattern Established bv the Comprehensive Plan- The proposed rezoning from Seminole County R-1 (Single-family dwelling district) to City of Winter Springs Town Center T3 (Suburban Zone) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have future land use designations in the City of Winter Springs and Seminole County of "Town Center" and "Low Density Residential." (5) Does Not Create Spot Zonin�- The proposed rezoning does not create a spot zone, which is prohibited by law. The adjoining properties are zoned for residential uses in unincorporated Seminole County and the City of Winter Springs. The proposed zoning designation is compatible with the surrounding area. (6) Does Not Materiallv Alter the Population Densitv Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illo '�callv Drawn Zonin� District Boundaries- The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. (8) Chan�ed Conditions Make the Proposed Rezonin� NecessarX- The proposed zoning designation of Town Center T3 (Suburban Zone) is compatible with the proposed "Town Center"Future Land Use Map classification that is proposed via Ordinance 2014-19. (9) No Serious Reduction in Li�ht or Air to Adjacent Areas- The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surroundin� Propertv Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. August 6,2014 Public Hearing Agenda Item 501 Page � 10 (11) Not Detrimental to Future Improvement of Adjacent Vacant PropertX- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privile�e- The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City. (14) Does Not Violate anv Citv Land Use Re�ulations- The proposed rezoning does not violate any applicable land use regulations adopted by the City. FINDINGS: In analyzing the rezoning request, it has been determined that the fourteen (14) review standards included in Section 20-31 were satisfied. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from Seminole County "Low Density" to City of Winter Springs "Town Center" and rezoning from Seminole County R-1 (Single-family dwelling district) to City of Winter Springs Town Center T3 (Suburban Zone), will provide additional taxable value to the City, and lessen an existing enclave that is located in the Town Center. The subject parcel is conducive to residential development as a single-family home as the surrounding properties consist primarily of single-family residential uses. The proposed use is consistent with the City's determination of the highest and best use of the subject property. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staf£ Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subj ect parcel on July 16, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. August 6,2014 Public Hearing Agenda Item 501 Page � 11 STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board/Local Planning Agency recommend approval of: 1) Ordinance 2014-19, a Small-Scale Future Land Use Map Amendment to change the Future Land Use Map designation from Seminole County "Low Density Residential" to City of Winter Springs "Town Center", and 2) Ordinance 2014-20, which proposes to rezone one parcel totaling approximately 1.16 acres, generally located at 1244 Orange Avenue from Seminole County R-1 (Single-family dwelling district) to City of Winter Springs Town Center T3 (Suburban Zone) for one parcel consisting of approximately 1.16 acres, generally located 1244 Orange Avenue. ATTACHMENTS: A. Ordinance 2014-19 B. Ordinance 2014-20 C. Advertisement, Orlando Sentinel—July 27, 2014 Attachment "A" ORDINANCE NO. 2014-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 1.16 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 1244 ORANGE AVENUE,WINTER SPRINGS, 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 SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; and WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on August 6, 2014, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS,the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2014-19 Page 1 of 3 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, formerly known as the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 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 Seminole County "Low Density Residential" to City of Winter Springs "Town Center". E�ibit "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 it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. City of Winter Springs Ordinance No. 2014-19 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. Charles Lacey, 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 City of Winter Springs Ordinance No. 2014-19 Page 3 of 3 EXHIBIT "A" ;�. �i 8 `' � - � �OG� � .. � � � . . 8v � �j ° " � � Lake Jesup �� ' �• Q � �� oRq� '� .� .� i� . - Pa�,�,. � : � � _ ,N��? � :�- �:' . W - �� - � Y` h � �z . � 4 �r ��a G� .. y LL gT _-. . . � - . "°tA,�� Subject property"� h .. � � - " �Q y � Q . C P , • � � � � � � � . - - � o` A � ` � ° • ��, �' -� . � � � � � �j �n� � ,_-... � �(ry� Y��'lb4yl.p �� ( � .. ��• . �� /�,� . � . � ��7 LZ. � . �L��_ � _ a�A_.�• LOT 2 (LESS WLY 20 FT) +WLY 30 FT OF LOT 3 TUSKAWILLA SHORES, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 6, PAGE 93, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA Attachment " B " ORDINANCE NO. 2014-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.16 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 1244 ORANGE AVENUE, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM SEMINOLE COUNTY "R-1 SINGLE FAMILY DWELLING DISTRICT" TO WINTER SPRINGS "TOWN CENTER DISTRICT- TRANSECT T3 (SUBURBAN ZONE)"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution,to exercise any power for municipal purposes, except when expressly prohibited by law;and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs has recommended approval of this Ordinance at their August 6, 2014 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs, as described in City of Winter Springs Code Section 20-102, is hereby amended to to include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County "R-1 Single Family District" to Winter Springs "Town Center District -Transect T3 (Suburban Zone)." E�ibit "A" is attached hereto and fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2014-20 Page 1 of 2 Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County, Florida. This Ordinance shall run with the land. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2014-19 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-19 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of ,2014. Charles Lacey,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. 2014-20 Page 2 of 2 EXHIBIT "A" ;�. �i 8 `' � - � �OG� � .. � � � . . 8v � �j ° " � � Lake Jesup �� ' �• Q � �� oRq� '� .� .� i� . - Pa�,�,. � : � � _ ,N��? � :�- �:' . W - �� - � Y` h � �z . � 4 �r ��a G� .. y LL gT _-. . . � - . "°tA,�� Subject property"� h .. � � - " �Q y � Q . 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