HomeMy WebLinkAbout2016 01 06 Public Hearings 400 Ordinance 2016-04PLANNING & ZONING BOARD
AGENDA
ITEM 400
January 6, 2016
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 Ordinance 2016 -04, a
Small -Scale Future Land Use Map Amendment for two parcels totaling 0.94 acres located on the south
side of Nursery Road, specifically located at 1080 Nursery Road.
SYNOPSIS: The City of Winter Springs Community Development Department- Planning Division
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 two (2) parcels totaling 0.94 acres in size
generally located south of Nursery Road. Ordinance 2016 -04 proposes to change the Future Land Use
Map designation from Recreation /Open Space to Commercial. On February 24, 2014 the City
Commission adopted Ordinance 2014 -08 which re- conveyed title to Lots I and 12 to Mr. Wayne O.
Reece.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
• Applicant name and address: The City of Winter Springs
• Property owner's name(s): REECO PRO, LLC
• Property addresses: 1080 Nursery Road, Winter Springs, FL 32708
• Property Parcel ID numbers: 33- 20 -30- 513 -OD00 -0010 and 33- 20 -30- 513 -OD00 -0120
• Current FLUM Designation: Recreation /Open Space
• Proposed FLUM Designation: Commercial
January 6, 2016
Planning & Zoning Board Agenda, Item 400
Page 2 of 6
• Current Zoning Designations: C -2 (General Commercial)
• Previously Approved Development permits such as conditional use, waiver, or variance if
any): Not applicable
• Development Agreements (if any): Not applicable
• Pending Code Enforcement Actions (if any): Not applicable
• City Liens if any): Not applicable
Existing Land Uses
Areas
Subject
Property
Vacant
•
C -2 (General
Commercial )
Recreation /Open
Space
North
Commercial
C- 2(General
Commercial
Warehouses
Commercial)
........ ......... .........
South
..
Residential
................................................................ ...............................
Seminole County
.. ..
Medium Density
........ ......... .........
..
R -1 AA
................................................................ ...............................
Residential
.. ..
East
Multi- Family
R -3 (Multi - family)
High Density
........ ......... .........
Residential ..
................................................................ ...............................
Residential
.. ..
West
Mixed Use
Seminole County
Seminole County
C -2
I Mixed Use
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS:
Florida Statute 163.3187 Amendment of adopted 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
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.
January 6, 2016
Planning & Zoning Board Agenda, Item 400
Page 3 of 6
DISCUSSION:
Ordinance 2016 -04 proposes to change the Future Land Use Map designation for two (2) parcels
totaling 0.94 acres in size generally south of Nursery Road from Recreation /Open Space to
Commercial.
In 2002, Wayne P. Reece donated to the City Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book
9 Page 10 for the use and maintenance of a park pursuant to a Development Agreement with the City.
The City originally intended to construct a passive park to serve as a buffer between the commercial
and residential uses. However, after the conveyance, the City did not develop the subject lots into a
park. On February 24, 2014, the City Commission adopted Ordinance No. 2014 -08 which re- conveyed
the title to Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 back to Mr. Reece.
The property remained zoned C -2 (General Commercial), however the future land use map designation
was not changed and remains Recreation /Open Space. In order for the property to be developed the
property, the Future Land Use Map designation needs to be amended. The property is also located
within the Seminole County U.S. 17 -92 CRA corridor.
The request to change the land use designation to Commercial is consistent with the properties to the
north. It is consistent with all applicable goals, objectives and policies of the City's adopted
Comprehensive Plan. The request is in conformance with the purpose and intent of the City Code and
with all applicable requirements. Considering the type and location of uses involved and the general
character of the area, the change of the FLUM designation from Recreation /Open Space to
Commercial 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. The
request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes.
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 2016 -04, the applicant is
requesting a "Commercial" land use designation on the two parcels consisting of a total of 0.94 acres.
The applicant has applied for the future land use map amendment in order to redevelop this property.
PUBLIC FACILITIES
ROADS /TRAFFIC CIRCULATION:
Availability ofAccess: The property has frontage on Ridge Road, Nursery Road, and Talmo Street.
POTABLE WATER:
The City has an existing 8 -inch City water main in the Nursery Road right -of -way along a portion of
properties Nursery Road frontage.
January 6, 2016
Planning & Zoning Board Agenda, Item 400
Page 4 of 6
WASTEWATER:
The City has an existing 4 -inch force main located in the Nursery Road right -of -way along a portion of
property's Nursery Road frontage.
RECLAIMED WATER:
The City does not have reclaimed water service available in the vicinity of the project at this time.
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:
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:
Redevelopment of the site would require the provision of stormwater facilities meeting current City
and SJRWMD requirements.
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.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from "Recreation /Open Space" to "Commercial" will not result in any
nuisance potential for the surrounding properties because proposed uses are compatible with the uses
to the North and West.
NATURAL RESOURCES COMPATIBILITY:
There are no conservation overlays on the subject property.
SOILS:
The subject property consists of Tavares - Millhopper fine sands. The Millhopper series consists of
soils that are moderately well drained.
FLOOD PRONE AREAS:
The property is located entirely in Flood Zone "Y', 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.
January 6, 2016
Planning & Zoning Board Agenda, Item 400
Page 5 of 6
WILDLIFE:
The proposed amendment will not have an environmental impact or compromise any natural resources.
There are no conservation areas or sensitive habitat areas.
CONSISTENCY WITH THE COMPREHENSIVE PLAN:
Future Land Use Element
Properties with a Commercial land use are generally found to the North and West of the subject
properties. Per the Comprehensive Plan, most Commercial activity is located on or near S.R. 434, US
17 -92 and S.R. 419. The Comprehensive Plan also indicates a need for additional commercial land to
increase the diversification of the City's tax base. The proposed future land use amendment is
consistent with the Comprehensive Plan and with the following objectives and policies from the Future
Land Use Element of the Comprehensive Plan:
1. Policy 1.1.3: Zoning Districts. Adopt a zoning matrix which establishes districts that
correspond to specific land use categories and defines allowable densities and intensities in
each zoning district. The subject parcels are currently zoned C -2.
2. Objective 1.4: Discourage Urban Sprawl andEncourage Redevelopment. The City will limit
the proliferation of urban sprawl and encourage the redevelopment and revitalization of
blighted areas.
3. Policy 1.4.2: Higher Density Infill. Encourage the efficient use of land with compatible infill
and higher density and intensity development within the Town Center and the U. S. 17 -92 CRA
Corridor. Higher density development shall be directed to the CRA to promote revitalization of
underutilized property through redevelopment and reinvestment with access to the existing
fixed transit route, which provides critical connection with SunRail. Minimize adverse impacts
to adjacent established residential neighborhoods through site layout, orientation of buildings,
and a transition of densities.
4. Policy 1.5.5: Buffers. Buffer residential areas from intensive commercial and industrial uses.
Locate less intensive transitional uses in between or buffer with berms, trees, or other
methods, as deemed appropriate by the City.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment, which re- designates the property from
"Recreation /Open Space" to "Commercial ", will increase the possibility of additional taxable value
to the City and potentially spur the increase of future residential and commercial development
activity within this particular area.
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
January 6, 2016
Planning & Zoning Board Agenda, Item 400
Page 6 of 6
Directors; and also posted outside City Hall; posted inside City Hall with additional copies available
for the general public.
The property was posted with a large sign and Ordinance 2016 -04 was advertised in the Orlando
Sentinel on December 24, 2015.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a
recommendation of approval to the City Commission for Ordinance 2016 -04, which proposes a Small -
Scale Future Land Use Map Amendment from "Recreation /Open Space" to "Commercial" for two
parcels totaling approximately 0.94 acres located at 1080 Nursery Road as described within Ordinance
2016 -04.
ATTACHMENTS:
A. Ordinance 2016 -04
B. Location Map
C. Advertisement
D. City Commission Agenda Item 502 — February 24, 2014
ATTACHMENT "A"
ORDINANCE NO. 2016 -04
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
APPROXIMIATELY 0.94 TOTAL ACRES, MORE OR LESS,
GENERALLY LOCATED AT 1080 NURSERY 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 "RECREATION AND OPEN SPACE" TO
"COMMERCIAL "; 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 January 6, 2016, 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. 2016 -04
Page 1 of 4
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 "Recreation
and Open Space" to "Commercial ". 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 (3 1) 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
City of Winter Springs
Ordinance No. 2016 -04
Page 2 of 4
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 , 2016.
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. 2016 -04
Page 3 of 4
EXHIBIT "A"
(Legal Description)
Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10
City of Winter Springs
Ordinance No. 2016 -04
Page 4 of 4
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NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRNGS
NOTICE IS HEREBY GIVEN THAT
THE LOCAL PLANNING AGENCY AND
THE CITY COMMISSION
PROPOSE TO CONSIDER THE FOLLOWING:
ORDINANCE NO. 2016 -04
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 0.94 TOTAL ACRES, MORE OR LESS,
GENERALLY LOCATED AT AND ADJACENT TO NURSERY ROAD,
WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY
DEPICTEDAND LEGALLY DESCRIBEDAS LOTS t AND 120F BLOCK
D, TALMO SUBDIVISION, PLAT BOOK 9 PAGE 10; CHANGING
THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL
FROM "RECREATION AND OPEN SPACE" TO "COMMERCIAL ",
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.
LOCATION MAP
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LOCAL PLANNING AGENCY
PUBLIC HEARING WILL BE HELD ON
WEDNESDAY, JANUARY 6, 2016
AT 5:30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION FIRST READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, JANUARY 25, 2016
AT 5:15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION SECOND READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, MONDAY, FEBRUARY 8, 2016
AT 5:15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinances and complete legal description by meets
and bounds may be obtained by interested parties between 8 a.m. and
5 p.m., Monday through Friday, from the office of the City Clerk, located
at 1126 E. SR 434, Winter Springs, Florida. For more information,
call (407) 327 -1800 #227. Persons with disabilities needing assistance
to participate in any of these proceedings should contact the Employee
Relations Department Coordinator, 48 hours in advance of the meeting
at (407) 327 -1800, #236. This is a public hearing. Interested parties are
advised that they may appear at the meeting and be heard with respect
to the proposed ordinance. If you decide to appeal any recommendation
or decision made by the City Commission with respect to any matter
considered at this meeting, you will need a record of the proceedings,
and for such purposes, you may need to ensure that a verbatim record
of the proceedings is made upon which the appeal is based.
ATTACHMENT 11C11
SEMINOLE COUNTY BOARD OF COUNTY
COMMISSIONERS NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION OF A PROPOSED LARGE
SCALE FUTURE LAND USE MAP AMENDMENT TO
THE SEMINOLE COUNTY COMPREHENSIVE PLAN
AND ASSOCIATED REZONING
JANUARY 12, 2016 AT 1:30 P.M.
Notice is hereby given that the Seminole County Board of County Commissioners (Board) will conduct a public
hearing on January 12, 2016, beginning at 1:30 p.m., or as soon thereafter as possible, in the County Services
Building, 1101 East First Street, Sanford, Florida, Room 1028 (Board Chambers). The purpose of this hearing
is to receive public input, and input from any local government or agency, and consider adoption of a Large
Scale Future Land Use Map Amendment to the Seminole County Comprehensive Plan and rezoning described
below. The item will be available for review approximately one week before the public hearing on the Internet at
httr)s:/LseminolecounbL.leaistar.com/Calendar.aspx.
General Location of Proposed Large Scale Future Land Use Map Amendment and Associated Rezoning
Suntera Park Large Scale Future Land Use Amendment & Rezone - Consider adoption of a Large Scale Future
Land Use Map Amendment from Suburban Estates to Planned Development, and the associated Rezone from A -1
(Agriculture) to PD (Planned Development) for light industrial uses on 13.5 acres, located at the corner of Celery
Avenue and N Beardall Avenue; (22015 -14) Parcel ID# 33- 19 -31- 300 - 0130 -0000 (Robert Horian, Applicant) District
5 - Carey (Joy Giles, Project Manager). The Board proposes to enact ordinances with the following titles to adopt the
future land use map amendment and rezoning:
AN ORDINANCE FURTHER AMENDING THE SEMINOLE COUNTY COMPREHENSIVE PLAN; AMENDING THE
FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY BY VIRTUE OF A LARGE SCALE FUTURE
LAND USE MAP AMENDMENT, CHANGING THE FUTURE LAND USE MAP DESIGNATION ASSIGNED TO
CERTAIN PROPERTY FROM SE (SUBURBAN ESTATES) TO PD (PLANNED DEVELOPMENT); PROVIDING
FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EXCLUSION FROM
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE AMENDING, PURSUANT TO THE
LAND DEVELOPMENT CODE OF SEMINOLE COUNTY, THE ZONING CLASSIFICATION ASSIGNED TO CERTAIN
PROPERTY LOCATED IN SEMINOLE COUNTY; REZONING CERTAIN PROPERTY CURRENTLY ASSIGNED
THE A -1 (AGRICULTURE) ZONING CLASSIFICATION TO THE PD (PLANNED DEVELOPMENT) ZONING
CLASSIFICATION; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR EXCLUSION FROM CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
All interested persons are encouraged to appear at this hearing and present input regarding the proposed item in
accordance with the procedures used by the Board, or submit written comments to plandesk @seminolecountAl.cov,
or to the Seminole County Planning and Development Division Office at the address above, Room 2028, telephone
407 - 665 -7371; FAX 407 - 665 -7385. Input timely received will be forwarded to the Board for consideration at the public
hearing. Additional information regarding this item, and any comments received, are available for public review at
the address above, Room 2028, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
holidays. The Board may continue hearings from time -to -time as found necessary. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the County's Human Resources Department
ADA Coordinator 48 hours in advance of the hearing at 407 -665 -7941. Persons are advised that if they decide to
appeal any decisions made at this hearing, they will need a record of the proceedings, and for such purpose they
may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based (Florida Statutes, Section 286.0105).
0
COMMISSION AGENDA
ITEM 502
REQUEST:
ATTACHMENT "D"
Informational
Consent
Public Hearings
X
Regular
February 24, 2014 KS RS
Regular Meeting City Manager Department
The Office of the City Attorney requests that the City Commission consider adopting
Ordinance No. 2014 -08 re- conveying title to Lots 1 and 12 of Block D, Talmo Subdivision,
Plat Book 9, Page 10 back to Wayne P. Reece because the previously donated Lots are not
needed for use and maintenance as a park as originally intended.
SYNOPSIS:
In 2002, Wayne P. Reece donated to the City Lots 1 and 12 of Block D, Talmo Subdivision,
Plat Book 9, Page 10 for use and maintenance as a park pursuant to a Binding Development
Agreement with the City. The City originally intended to construct a passive park in the
neighborhood as a buffer between the existing commercial /industrial on nursery road which
was being redeveloped pursuant to the Development Agreement and the residential uses on
the other side of Nursery Road. However, after the conveyance, the City did not take any
significant steps to develop the Lots for park purposes as originally intended. Mr. Reece
has indicated by letter to Randy Stevenson that he would be willing to take back title to the
Property if the City no longer needs it. City Charter requires that the City Commission
authorize the conveyance of land by Ordinance.
CONSIDERATIONS:
1. Section 4.14(6) of the City Charter requires the City Commission to authorize the
conveyance of land by Ordinance; and
2. On August 1, 2002, the City entered into a Binding Development Agreement with Wayne
P. Reece (Seminole County Official Record Book 4522, Page 1817) for the
commercial /industrial redevelopment of real property located along Nursery Road.
Public Hearings 502 PAGE 1 OF 3 - February 24, 2014
3. In accordance with section 7 of the Agreement, Wayne P. Reece agreed to donate and
convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 to the City for
use and maintenance as a park ( "Property "). [See Attached property information
available from the Property Appraiser's website.]
4. The Property was conveyed to the City by warranty deed recorded in the Official
Records of Seminole County, Florida at Book 4641, Page 1570.
5. After the Property was conveyed, the City has been conducting routine maintenance of
the Property (lawn mowing /trash pick -up). However, the City did not take any significant
steps to develop the Property as a park as originally planned. The City currently has no
plans to fully develop the Property as a park.
6. By letter to the City's Community Development Director, dated February 10, 2014,
Wayne P. Reece indicated that he would be willing to take the Property back from the City
if the City no longer has an interest in keeping it. [See Attached letter]. The Community
Development Director and Mr. Reece have discussed using the property to construct
townhomes which will provide a residential buffer for the single - family detached homes to
the south from the commercial and industrial uses to the north.
7. The Property has a Future Land Use Map designation of Recreation and Open Space and
a zoning map designation of C -2 Commercial. If the Property is re- conveyed to Mr. Reece,
Mr. Reece will need to submit at least a comprehensive plan amendment application to
amend the Future Land Use Map Designation to a designation that will allow the Property
to be redeveloped. The City Commission will have to consider an appropriate new future
land use map designation at a later date taking into consideration compatibility with the
surrounding neighborhood and other factors. The prior City Commission had concerns
about commercial /industrial use encroachment on the Property.
8. Because the Property was donated to the City and the original owner has expressed an
interest in taking back title to the Property, the City Commission may declare that it is in the
best interests of the City to re- convey the Property back to the original owner rather than
soliciting competitive bids for the Property.
9. Re- conveying the Property to Mr. Reece is a discretionary matter for the City
Commission to decide. The City is not obligated to re- convey the Property. Conveyance
will occur within sixty (60) days of the effective date of the Ordinance if approved.
FISCAL IMPACT:
If the City Commission decides to re- convey the Property to Mr. Reece, there are nominal
incidental costs associated with recording the conveyance deed. However, the City will no
longer have maintenance responsibilities for the Property. In addition, if re- conveyed, the
Property will go back on the City tax rolls and be subject to applicable taxes.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
Public Hearings 502 PAGE 2 OF 3 - February 24, 2014
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The City Attorney recommends that the City Commission approve first reading
of Ordinance No. 2014 -08 re- conveying title to Lots 1 and 12 of Block D, Talmo
Subdivision, Plat Book 9, Page 10 back to Wayne P. Reece because the previously donated
Lots are not needed for use and maintenance as a park as originally intended; and move to
second reading.
ATTACHMENTS:
A. Ordinance 2014 -08
Public Hearings 502 PAGE 3 OF 3 - February 24, 2014
Attachment "A"
ORDINANCE NO. 2014 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PURSUANT TO
SECTION 4.14(6) OF THE CITY CHARTER,
AUTHORIZING THE CITY MANAGER TO RECONVEY
REAL PROPERTY OBTAINED BY THE CITY OF WINTER
SPRINGS BY DONATION FOR PARK PURPOSES
PURSUANT TO A BINDING DEVELOPMENT
AGREEMENT WITH WAYNE P. REECE RECORDED IN
THE OFFICIAL RECORD BOOKS 4533, PAGE 1817;
DECLARING THAT THE CITY OF WINTER SPRINGS NO
LONGER HAS A PUBLIC PURPOSE INTEREST IN SAID
REAL PROPERTY AND THAT IT IS IN THE BEST
INTERESTS OF THE CITY TO RECONVEY THE REAL
PROPERTY BACK TO THE ORIGINAL OWNER (WAYNE
P. REECE); PROVIDING FOR SEVERABILITY, THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES,
INCORPORATION INTO THE CODE, AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(h), Article V111, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 4.14(5) of the City Charter requires the City Commission to
authorize the conveyance of lend by Ordinance; and
WHEREAS, on August 1, 2002, the City entered into a Binding Development Agreement
with Wayne P. Reece (Seminole County Official Record Book 4522, Page 1817) for the
eommerciaLrindustrial redevelopment of real property, and
WHEREAS, in accordance with section 7 of the Agreement, Wayne P. Reece agreed to
donate and coney Lots I and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 to the City
for use and maintenance as a park ( "Property"); and
WHEREAS, the Property was conveyed to the City by warranty deed retarded in the
Official Records of Seminole County, Florida at Book 4641, Page 1570; and
WHEREAS, the City Commission finds that that the City no longer has an interest in the
Property far use and maintenance as a park as originally intended; and
City of Winter Springs
Ordinance No. 2014 -08
WHEREAS, by letter to the City's Community Development Director, dated February 10,
2014, Wayne P. Reece indicated that he would be willing to take the Property back from the City if
the City no longer has an interest in keeping it; and
WHEREAS, because the Property was donated to the City and the original owner has
expressed an interest in taking back title to the Property, the City Commission hereby deems it in
the best interests of the City to re- convey the Property back to the original owner rather than
soliciting competitive bids for the Property, as such, the competitive bid process is hereby waived;
and
WHEREAS, the City Commission of the City of Winter Springs, 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:
Secdo 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Conveyance of Real Property. The City Commission of the City of
Winter Springs hereby authorizes the City Manager to re- convey the following property to Wayne
P. Reece:
Lots 1 and 12 of Block D, Talmo Subdivision, Plat Boole 9, Page 14
(" Pro}a i7 )
Section 3. Instructions. The City Attorney is hereby authorized to prepare and file
the necessary legal instruments to convey the Property to Wayne P. Reece within sixty (60) days of
the effective date of this Ordinance. The City will pay the recording fees for the deed. Any other
closing costs (if any) will be paid by Wayne P. Reece unless otherwise approved by the City
Manager. The City Manager and Mayor are hereby authorized to sign said instruments on behalf
of the City in accordance with the advice of the City Attorney.
Section 4. 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 S. SeverabWty. 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 rceson, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
City of Winter Springs
Ordinance No. 2014 -08
2
validity of the remaining portions of this Ordinance.
Section 6. Effeetiye Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter. In the event, the conveyance of (he Property does not occur within sixty (60) days of the
effective date of this Ordinance, this Ordinance shall be deemed repealed at such time the City
Commission is advised of such determination at a public meeting.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assmbled on the day of 2014.
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:
CHARLES LACEY, Mayor
City of Winter Springs
Ordinance No. 201408
3
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Parcel: 33.20.30.513 -ODOO -0010
Value Summary
Pro pert y Address: 11030 NURSERY RD
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Fire Fund
52.11.000
S24,000
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Values Values
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Subdivision Name: TAI.MO SUBD
Tax District: W4- WINTER SPRINGS- 17.92 REDVDST
Exemptions: 80•01Y (2007)
DOR Use Cade: 80- VACANT GOVERNMENT
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LEG LDT 1 BLK D FALM0 SUED P8 9 PG 10
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WARRANTY DEED 1712002
WARRANTY DEED 03/2001
Find Comparable Sales within this Subdivision
Roukj Page.
1401141 E 15 70`
141991 -- - 13341
Amount l Vac /I mpi Qualified'
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S1-1,000: Vacant Yes
Land
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Property Record Card
PROPERTY Parcel. 33-20-30-513-ODOO-01 20
APPRAISER 0;,vner: WINTER SPRINGS CITY OF
1.(_M1N(X E. CADUN Fr "-OHILIA Property Address: NURSERY RD WINTER SPRINGS, FL 32708
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Mrcel-. 33-20-30-513-ODOO-0120 Value SUMMIrY
Pmperty Address: NURSERY RE)
Owner. M NTER S PRI N G5 CITY OF
Mailing 1126 E STATE ROAD 434
WINTER 5 PRINGS, FL 32 708 • 2715
Subdivision Name. TALMO SUBb
Tax District: W4•WlNTFR SPRINGS, 17-92 REL)VI)ST
Exemptions: 80-CITY 00071)
DOR Use Code: SO-VACANT GOVERNMENT
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Legal Description
LEG LOT 12 ELK DTALMO SUED PB 9 PC 10
Tax Details
2014 Working' 2013 Certified!
iax ArnoUF11 without SOH. 50
2013 Tax Bill Amount 50
Tay, Estimator
Sav e Our Homes s Sav i n95 7 50
Dotes NOI INCLUDE Non Ad Valorem
Assessments
Taxing Authorityl J
Values Values;
Valuation
Taxable Valuel
Method :
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Page Amounts
WARRANTY DEED} 1112002
04641
- —
1570 5140
_Vac/lmp1
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04199!
1320; 314,000:
Varana,
Yes,,
Find Comparable Sales within this Subdivision
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Dept h! U_ -1
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Unit Price'
Frontage,
Value
FRONT FOOT & DEPTHf
100,
200
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524,000
Building Information
Year Built I � Basel Total Living A dj F opi Fixt ures . Appendages aq., q: W.11 V. I.
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112
Attachment "C"
REECO PROPERTIES LLLP
PO BOX 640 WINTER PARK FL.. 32790
02/10/14
Randy Stevenson
Community Development Director
City o} Winter Springs
Dear Randy,
Many years ago Wayne P. Reece donated .94 acres of land on Nursery Road, Winter Springs FL Lot 1 and
Lot 12 Block D, T Alamo Subdivision, Plat Book 9, Page 10. It has come to our attention that the
property has no public use therefore Wayne P. Reece requests to take the tittle back on said property.
Thank You Very Much, Wayne P. Reece