HomeMy WebLinkAbout2015 02 04 Public Hearing 501 Ordinance 2015-05 & Ordinance 2015-06 Unlimited Welding Small Scale Plan AmendmentLOCAL PLANNING AGENCY/PLANNING
AND ZONING BOARD AGENDA
ITEM 501
February 04, 2015
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST:
The Community Development Department — Planning Division requests that the Local
Planning Agency/Planning & Zoning Board hold a Public Hearing to consider both the
Small -Scale Future Land Use Map Amendment and Rezoning for approximately 2.31
acres located at 235 Old Sanford Oviedo Road as described within Ordinances 2015-05
and 2015-06.
PURPOSE:
The City of Winter Springs Community Development Department has received an
application for a Small -Scale Future Land Use Map Amendment and Rezoning, which if
approved, would change the Future Land Use Map and zoning designation for two (2)
parcels totaling 2.31 acres in size generally located at 235 Old Sanford Oviedo Road (see
Attachment A - Location Map). Ordinance 2015-05 proposes to change the Future
Land Use Map designation from Seminole County "Industrial" to City of Winter Springs
"Industrial" (see Attachment B - Ordinance 2015-05). Ordinance 2015-06 proposes to
rezone the property from Seminole County "Industrial (M-1)" to City of Winter Springs
"Light Industrial (I-1)" (see Attachment C - Ordinance 2015-06). The request is based
upon the applicants desire to acquire City utilities for the existing Unlimited Welding
business which has operated at said location since 1994.
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...
February 04, 2015
Public Hearing Agenda Item 501
Page 12
(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 15-35. 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 staff. The LPA shall hold at least one (1) public hearing
prior to making its recommendation to the City Commission.
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.
City of Winter Springs Comprehensive Plan.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of
Districts, Division 4.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20-31.
CONSIDERATIONS:
Applicant — Brian Smith (MNK, Inc./Unlimited Welding, Inc.)
Location — 235 Old Sanford Oviedo Road
Site Information — The 2.31 acre parcels currently have a future land use designation of
Seminole County "Industrial". The subject property is also described within Agenda Item
500, Voluntary Annexation, which is scheduled to run concurrent with the requested
Small -Scale Plan Amendment and Rezoning. The applicant has petitioned the City to
change the future land use designation of the two (2) parcels to City of Winter Springs
February 04, 2015
Public Hearing Agenda Item 501
Page13
"Industrial" and to rezone said property to "Light Industrial (I-1)" in order to acquire City
utilities for the existing welding business.
PARCEL
Property Addresses: 235 Old Sanford Oviedo Road
Property Owners:
Applicant Address:
Property Appraiser Parcel LD numbers
Property Acreage:
Property Legal Descriptions:
Current Future Land Use:
Proposed Future Land Use:
Existing Zoning:
Proposed Zoning:
MNK Inc.
235 Old Sanford Oviedo Road
Winter Springs, F132708
34-20-30-5AW-0000-0070
34-20-30-5AW-0000-007A
Approximately 2.31 acres
See (Attachment D - Legal Description)
Seminole County "Industrial'
City of Winter Springs "Industrial'
Seminole County "Industrial (M-1)"
City of Winter Springs "Light Industrial (I-
1)"
Existing Land Uses — The existing Unlimited Welding business has operated at this
location since 1994. The surrounding area is generally characterized by the following
land use and zoning categories.
February 04, 2015
Public Hearing Agenda Item 501
Page 14
Existing Land Uses
Zoning
Future Land Use
Subject
Existing 'Unlimited
Seminole County
Seminole County
Properties
Welding' business
Industrial (M-1)
"Industrial"
North
City of Winter
City of Winter
City of Winter Springs
Springs Public
Springs Light
"Industrial"
Works Garage &
Industrial (I-1)
Vacant Building
South
CSX Rail Line
No Zoning
No Land Use
East
aXsa Engineering
Seminole County
Seminole County
Products
Industrial (M-1)
"Industrial"
West
Hall Company Inc.
City of Winter
City of Winter Springs
Springs Light
Industrial
Industrial (I-1)
Development Trends — The subject properties are primarily surrounded by both industrial
and public/semi-public uses. The subject property abuts Old Sanford Oviedo Road, which
is a local roadway. This is an area that is conducive to industrial development. The
annexation for the subject property described via Ordinance 2015-04 is presently being
considered by the City of Winter Springs Local Planning Agency/Planning & Zoning
Board under Item 500.
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.
(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 any Master Plan for the property- The request is based upon the
applicants desire to acquire City utilities for the existing Unlimited Welding business
which has operated at said location since 1994.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The
proposed rezoning from Seminole County "Industrial (M-1)" to Winter Springs "Light
Industrial (I-1)" is appropriate and compatible with the land use pattern established by the
City's Comprehensive Plan. The surrounding properties have an "Industrial" future land
use designation in both the City of Winter Springs and unincorporated Seminole County.
February 04, 2015
Public Hearing Agenda Item 501
Page 15
(5) Does Not Create Spot Zoning_- The proposed rezoning does not create a spot zone,
which is prohibited by law. The adjoining properties are zoned for industrial
development. The site is situated between 'Hall Company Inc.' to the west and 'aXsa
Engineering Products' to the east. The proposed zoning designation is compatible with
the surrounding area.
(6) Does Not Materially Alter the Population Density 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 Illogically Drawn Zoning 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) Changed Conditions Make the Proposed Rezoning Necessar- The proposed zoning
designation of "Light Industrial (I-1)" is compatible with the proposed "Industrial" Future
Land Use Map classification that is proposed via Ordinance 2015-05.
(9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning will
not seriously reduce light or air to adjacent areas.
(10) Adverse Impact on Surrounding Property Values- The proposed zoning designation
has been determined by evaluating the prevailing character of the area around the subject
property. The City of Winter Springs "Light Industrial (I-1)" zoning designation is
intended to apply to lands and structures, by their use and location, which are especially
adapted to the business of wholesale distribution, storage and light manufacturing and to
authorized land uses and activities which could cause adverse secondary effects and
influences on residential areas and nonindustrial uses. Such lands are located in close
proximity to principle thoroughfares and adequately separated (or buffered or both) from
residential uses. The purpose of this district is to encourage and develop exceptionally
clean, non -objectionable industrial uses and to allow a place for other uses and activities
which could cause adverse secondary effects and influences on surrounding
neighborhoods if located elsewhere.
(11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in
the zoning of the property is to apply a zoning classification for the subject property that
is consistent and compatible with the existing welding business and surrounding land
uses.
(12) Does Not Constitute a Special Privilege- 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 any City Land Use Regulations- The proposed rezoning does not
violate any applicable land use regulations adopted by the City.
February 04, 2015
Public Hearing Agenda Item 501
Page 16
Letters/Phone Calls In Favor Or Opposition — 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:
Justification for Future Land Use Designation - Through Ordinance 2015-05, the
applicant is requesting the City of Winter Springs "Industrial" land use designation on the
2.31 acre property. The applicant has applied for the future land use amendment and
rezoning in order to acquire City utilities for the existing welding business. The welding
operation has operated at this location since 1994 and is compatible with the surrounding
area, as it generally characterized by industrial development patterns.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
Per the City of Winter Springs Comprehensive Plan, Transportation Element, Functional
Classification Map, Old Sanford Oviedo Road is classified as an "Other Road" which
means that it is neither a freeway, arterial, or collector roadway.
Availability of Access:
The existing welding business has direct access on the two (2) lane Old Sanford Oviedo
Road.
Function Classification:
Per the City of Winter Springs Comprehensive Plan, Transportation Element, Functional
Classification Map, Old Sanford Oviedo Road is classified as an "Other Road" which
means that it is neither a freeway, arterial, or collector roadway.
POTABLE WATER:
The City has an existing 8-inch water main located along the south side of Old Sanford -
Oviedo Road along the subject property's frontage that is available for connection (with
payment of the appropriate connection fees).
WASTEWATER
The City has an existing 6-inch force main located along the north side of Old Sanford -
Oviedo Road along the property's frontage that is available for connection. In order to
connect to the City force main, the subject property will need to furnish and install a
sanitary lift station, in addition to payment of the applicable connection fees.
RECLAIMED WATER:
Facilities serving the subject property: None currently.
February 04, 2015
Public Hearing Agenda Item 501
Page 17
ELECTRIC SERVICE:
Facilities serving the subject property: None currently. The City of Winter Springs is
serviced by Duke Energy for electric service. A future land use change will not impact
current electric rates.
SOLID WASTE:
Facilities serving the subject property: None currently. The City of Winter Springs
currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a
private solid waste contractor who will provide service to this area.
STORMWATER MANAGEMENT:
Facilities serving the parcels: None currently.
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. Station 24, located at 102 North Moss
Road, Winter Springs, Florida is the closest fire station. The response time is
approximately two minutes.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from Seminole County "Industrial' to City of Winter Springs
"Industrial" will not result in any nuisance potential for the surrounding properties
because proposed uses are compatible with the "Industrial' future land use designation,
and the subject property is surrounded primarily by industrial development.
NATURAL RESOURCES COMPATIBILITY:
No improvements to the existing welding business are proposed. Therefore, the
Environmental Impact Study is not required for said application.
SOILS
The subject property consists of Adamsville-Spar fine sands. The soils in this map unit
are level to nearly level and somewhat poorly drained.
FLOOD PRONE AREAS
The property is located entirely in Flood Zone "X", which is outside of the 100-year
floodplain, according to the FEMA Flood Insurance Rate Map.
HISTORIC RESOURCES
No known historical resources are located on the subject property or within the vicinity of
the subject property.
February 04, 2015
Public Hearing Agenda Item 501
Page 18
WILDLIFE:
There is no evidence of wildlife currently occupying the subject parcels. An
environmental assessment will be required to be submitted and approved by the City
during the review of the Final Engineering Plans.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
Industrial lands are located predominantly on the north side of the City, along SR 419 and
along the north side of the CSX railroad, as well as along the east side of US 17-92. Per
the Comprehensive Plan, the Commercial future land use category permits up to a
maximum 0.5 floor area ratio (FAR). This industrial category is characterized by light
manufacturing (including wholesale cabinet and shed manufacturing), assembly,
processing, storage of product, automobile detailing and painting, and scrap metal
recycling. The surrounding area is generally characterized by light industrial and
public/semi public facilities. 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 feasable, in order to
reduce land use conflicts and provide 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.
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.
February 04, 2015
Public Hearing Agenda Item 501
Page 19
4. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida
Statutes.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment, which re -designates the property
from Seminole County "Industrial' to City of Winter Springs "Industrial', will provide
additional taxable value to the City. The potential tax revenue of the existing 4,000 square
foot welding business is estimated as follows:
4,000 square foot Welding Business assessed at approximately $336,751
$336,751/1000 = $336.75
$336.75 x (2.54) = $855.34
$855.34 (less the 4% statutory discount) = $821.13 annual tax revenue
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/Staff. 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 subject
parcels on January 9, 2015 (see Attachment E, Seminole County Commissioners
Notification Letter). Adjacent property owners have been notified by US mail and a
yellow sign noting the date and time of the public hearing has been erected on the subject
property. Lastly, the proposed Ordinances were advertised in the Orlando Sentinel on
January 22, 2015 (see Attachment F, Orlando Sentinel Advertisement).
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board hold a Public
Hearing and make two (2) separate motions as follows:
A. Forward a recommendation of approval for Ordinance 2015-05, which proposes a
Small -Scale Future Land Use Map Amendment for approximately 2.31 acres of
property located at 235 Old Sanford Oviedo Road.
B. Forward a recommendation of approval for Ordinance 2015-06, which proposes a
Rezoning for approximately 2.3lacres of property located at 235 Old Sanford
Oviedo Road.
February 04, 2015
Public Hearing Agenda Item 501
Page 110
EXHIBITS:
A. Location Map
B. Ordinance 2015-05
C. Ordinance 2015-06
D. Legal Description
E. Seminole County Commission Notification Letter
F. Advertisement, Orlando Sentinel - January 22, 2015
ATTACHMENT "A"
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ATTACHMENT "B"
ORDINANCE NO.2015-05
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
TWO (2) PARCELS OF REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS CONSISTING OF 2.3 TOTAL
ACRES, MORE OR LESS, GENERALLY LOCATED AT 235
OLD SANFORD OVIEDO ROAD, 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 "INDUSTRIAL" TO CITY OF WINTER SPRINGS
"INDUSTRIAL"; 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 February 4, 2015, 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.
City of Winter Springs
Ordinance No. 2015-05
Pagel of 3
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, 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 "Industrial' to City of Winter Springs "Industrial'. Exhibit "A" is attached hereto and
fully incorporated herein by this reference.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption
of this Ordinance, in which case this Ordinance shall become effective at such time as the state
land planning agency or the Administrative Commission issues a final order determining that the
adopted small scale development amendment is in compliance. No development orders,
City of Winter Springs
Ordinance No. 2015-05
Page 2 of 3
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal
status of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of 12015.
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
Legal Ad:
First Reading:
Second Reading:
Charles Lacey, Mayor
City of Winter Springs
Ordinance No. 2015-05
Page 3 of 3
EXHIBIT "A"
Tax ID: 34-20-30-5AW-0000-0070
LEG LOT 7 (LESS W 55.5 FT& E 108 FT)
LEG E 108 FT OF LOT 7
ENTZMINGER FARMS ADD NO. 2
PB5PG9
Tax ID: 34-20-30-5AW-0000-007A
LEG E 108 FT OF LOT 7
ENTZMINGER FARMS ADD NO. 2
PB5PG9
ATTACHMENT licit
ORDINANCE NO.2015-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,
CHANGING THE ZONING MAP DESIGNATION OF TWO (2)
PARCELS OF REAL PROPERTY TOTALING 2.3 GROSS
ACRES, MORE OR LESS, GENERALLY LOCATED AT 235 OLD
SANFORD OVIEDO ROAD, 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 "INDUSTRIAL M-1" TO WINTER
SPRINGS "I-1 LIGHT INDUSTRIAL"; 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 March 23, 2015 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 "Industrial (M-1)" to Winter Springs "Light Industrial (I-1)." Exhibit "A" is attached hereto and
fully incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2015-06
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. 2015-05 as adopted by the City Commission of the City of Winter Springs,
Florida, and pursuant to the City Charter. If Ordinance No. 2015-05 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 23rd day of March, 2015.
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
Legal Ad:
First Reading:
Second Reading:
Charles Lacey, Mayor
City of Winter Springs
Ordinance No. 2015-06
Page 2 of 2
EXHIBIT "A"
Tax ID: 34-20-30-5AW-0000-0070
LEG LOT 7 (LESS W 55.5 FT& E 108 FT)
LEG E 108 FT OF LOT 7
ENTZMINGER FARMS ADD NO. 2
PB5PG9
Tax ID: 34-20-30-5AW-0000-007A
LEG E 108 FT OF LOT 7
ENTZMINGER FARMS ADD NO. 2
PB5PG9
ATTACHMENT "D"
Tax ID: 34-20-30-5AW-0000-0070
LEG LOT 7 (LESS W 55.5 FT& E 108 FT)
LEG E 108 FT OF LOT 7
ENTZMINGER FARMS ADD NO.2
PB5PG9
Tax ID: 34-20-30-5AW-0000-007A
LEG E 108 FT OF LOT 7
ENTZMINGER FARMS ADD NO. 2
PB5PG9
g. Ah buildings and slmij
comply with all current, a
10. Tha two (2) parcels co.
there are no gaps or gores
11. No portion of the prof
l water.
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SURVEYOR'S NOTES: C FENCE CORNER s CONC" �(\dJ
has not abstracted lands shown hereon for easements, C��S re.2 ;. — ° C N2
r or any other matter of record that might affect the, �oO, % ��A I ��S0 �� IRON Rao N.N.
of said property.
;roundimprovements located other than shown.
are based on the East line of said Lot 7 assumed as / A4nt�A� ^D
)°00"E° for an le reference. p�~J / ON FENCE CORNER
is 340 OLD SANFORD-OVIEDO ROAD.
3ject property contains 2.3218 acres more or less.
Icription furnished from First American Title Insurance
Exhibit "A" commitment # FA-CC-180828.
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ATTACHMENT "E"
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, FL 32708
Telephone (407) 327-1800
Fax: (407) 327-4756
January 9, 2015
(VIA CERTIFIED MAIL)
Seminole County Board of County Commissioners
CIO Nicole Guillet, AICP, Seminole County Manager
1101 East 1st Street
Sanford, Florida 32771
Re: Proposed Annexation & Small Scale Plan Amendment - Tax Parcel
Identification Numbers:
34-20-30-5AW-0000-0070
34-20-30-5AW-0000-007A
Dear Ms. Guillet,
The City of Winter Springs is forwarding to your attention a copy of the notice of a
Annexation and Small Scale Plan Amendment for the aforementioned Seminole County
Tax Identification Numbers for property herein referred to as the 'Unlimited Welding
Property'. The subject property is located at 235 Old Sanford Oviedo Road (see Exhibit
A - Location Map). A future land use amendment and rezoning of the subject property
to a City of Winter Springs future land use and zoning designation are proposed in
conjunction with this annexation request as follows:
Seminole County
Existing Future Land Use
Existing Zoning
Industrial
M-1
City of Winter Springs
Proposed Future Land Use
Proposed Zoning
Industrial
I-1
Light Industrial
The current schedule for the Local Planning Agency and the City Commission of the City
of Winter Springs to consider the Annexation and Small Scale Plan Amendment is as
follows:
Proposed Voluntary Annexation -Unlimited Welding -Notification Letter
Seminole County Board of County Commissioners
CIO Nicole Guillet, AICP, Seminole County Manager
Pg. 2
Local Planning Agency - Wednesday, February 4, 2015 at 5:30 or soon thereafter
in the Commission Chambers, Winter Springs City Hall.
First Reading — Monday, March 9, 2015 at 5:15 or soon thereafter in the
Commission Chambers, Winter Springs City Hall.
Second Reading —Monday, March 23, 2015 at 5:15 or soon thereafter on the
Commission Chambers, Winter Springs City Hall.
Please note that this schedule is subject to change. You will be notified of any schedule
change. If there are any questions or clarifications necessary, please feel free to contact
me by telephone at (407) 327-5967 or via email at roodruft2winterspringsfl.org.
Sincerely,
Randy Woodruff, AICP
Senior Planner
Enclosures:
Exhibit A - Location Map
CC: Anthony Garganese, City Attorney (via email)
Randy Stevenson, AICP, ASLA, Community Development Director