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HomeMy WebLinkAbout2017 08 14 Public Hearings 403 Ordinance 2017-18 and 2017-19, First Readings, Metro Church FLUM Amendment and RezoneCOMMISSION AGENDA ITEM 403 August 14, 2017 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular KS City Manager is Department The Community Development Department requests that the City Commission hold a Public Hearing to consider First Reading of Ordinances 2017 -18 and 2017 -19 for the Small -Scale Future Land Use Map Amendment and Rezoning for the 2.92 -acre Metro Church property located at 300 West S.R. 434. SYNOPSIS: The City received an application for a Small -Scale Future Land Use Map Amendment and Rezoning for the Metro Church property located at 300 West S.R. 434. Ordinance 2017 -18 proposes to change the Future Land Use Map designation from Seminole County "Suburban Estates" to City of Winter Springs "Commercial." Ordinance 2017 -19 proposes to rezone the property from Seminole County "A -1 Agricultural" to City of Winter Springs "C -1 Neighborhood Commercial. CONSIDERATIONS: Applicant: HT Real Estate — Orlando, LLC Property Owner: Metro Church of Christ, Inc. Property Location: 300 West State Road 434 (see Exhibit A — Location Map) Tax Parcel Number: 04- 21 -31- 300 - 0150 -0000 Public Hearings 403 PAGE 1 OF 7 - August 14, 2017 Site Information: The 2.92 acre parcel is currently in unincorporated Seminole County and is zoned A -1 (Agriculture) with a future land use designation of Seminole County SE (Suburban Estates). The applicant has petitioned the City to change the future land use designation of the parcel to City of Winter Springs "Commercial" and to rezone the property to "C -1 Neighborhood Commercial." APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: e 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. PROPERTY BACKGROUND: Metro Church of Christ, Inc. is currently in the process of selling the subject parcel to Hobbs & Associates, Inc., a company that provides heating, ventilation, and air conditioning (HVAC) products and engineering services to commercial contractors in the southeastern United States. Hobbs is planning to use the subject parcel as a professional office and training facility for engineering and sales staff. Hobbs & Associates' intended use of the subject property is in compliance with the proposed Future Land Use (Commercial) and Zoning (C -1 Neighborhood Commercial). The surrounding area is generally characterized by single - family residential uses in the City of Winter Springs and the City of Oviedo. The Ladybird Academy daycare is immediately east of the subject property and is in the City of Winter Springs. The northern and western sides of the subject property are the Barrington Estates subdivision within the City of Winter Springs. Access to the property is from an existing driveway on S.R. 434. The area on the south side of the property, across the street from S.R. 434, consists of single - family residential subdivisions in the City of Oviedo. The subject property is contiguous with the City's existing boundaries and is currently located in an unincorporated area of Seminole County that is surrounded on three sides by properties in the City of Winter Springs. 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: Public Hearings 403 PAGE 2 OF 7 - August 14, 2017 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 applicant's desire to acquire City services, including water and sewer. 4. Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. 5. Does Not Create Spot Zoning The proposed rezoning does not create a spot zone, which is prohibited by law. The proposed zoning designation is compatible with the surrounding area and matches other non - residential zoning designations for nearby parcels abutting S.R. 434. 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 Necessary The proposed zoning designation of "Neighborhood Commercial (C -1)" is compatible with the proposed "Commercial" Future Land Use Map classification that is proposed via Ordinance 2017 -18. 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 Surroundin g Propey 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 "Neighborhood Commercial (C -1)" zoning designation is appropriate for commercial land uses abutting a state arterial roadway, and is consistent with other commercial zoning designations throughout the City. The expected conversion of the property to a professional office will enhance the property value and create a positive impact to the surrounding area. 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 proposed use as a professional office, and with the existing surrounding land uses. Public Hearings 403 PAGE 3 OF 7 - August 14, 2017 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. 15. 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. FUTURE LAND USE MAP AMENDMENT ANALYSIS: Justification for Future Land Use Designation: Through Ordinance 2017 -18, the applicant is requesting the City of Winter Springs "Commercial" land use designation on the 2.92 acre property. The applicant has applied for the future land use amendment and rezoning in order to acquire City services, including water and sewer. Public Facilities: Availability of Access: The subject property has direct access to S.R. 434 at one existing driveway connection. Roadway Functional Classification: Per the City of Winter Springs Comprehensive Plan, Transportation Element, Functional Classification Map, S.R. 434 is classified as an arterial roadway. Pntnhle Water- The City has an existing 12 -inch water main located along the north side of S.R. 434 along the subject property's frontage that is available for connection (with payment of the appropriate connection fees). Sanitary Sewer: The City has an existing 6 -inch force main located along the north side of S.R. 434 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. Power: Facilities serving the subject property: Duke Energy. 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: The City of Winter Springs currently has a Public Hearings 403 PAGE 4 OF 7 - August 14, 2017 franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this property upon annexation. Stormwater: Facilities serving the parcels: Existing stormwater drainage patterns and facilities will remain as they currently exist onsite. Future site improvements could trigger the need to provide improved and /or additional stormwater facilities onsite. Police and Fire: 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. Seminole County is responsible for fire protection. Nuisance Potential of Proposed Use to Surrounding Land Uses: The change in future land use designation from Seminole County "Suburban Estates" to City of Winter Springs "Commercial" will not result in any nuisance potential for the surrounding properties because the existing use as a church/office and the proposed use as a professional office are compatible with the "Commercial" future land use designation. Natural Resources Compatibility: No improvements to the existing site are proposed. Therefore, the Environmental Impact Study is not required for this application. Soils: No improvements to the existing site are proposed. Therefore, a soils evaluation is not required for this application. 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. Wildlife: There is no evidence of wildlife currently occupying the subject parcel. The subject parcel and all surrounding lands are developed. CONSISTENCY 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 public service. Public Hearings 403 PAGE 5 OF 7 - August 14, 2017 FINDINGS: 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. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes The Planning and Zoning Board met on August 2, 2017 and voted unanimously to forward a recommendation of approval to the City Commission for Ordinances 2017 -18 and 2017- 19. FISCAL IMPACT: Based on the size and assessed value of the existing property, the annual tax revenue to the City is estimated to be $4,500. Subsequent improvements to the property, in conjunction with Hobbs & Associates' use of the land for a professional office, will likely increase the future annual tax revenue to the City. 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 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 six (6) 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. Ordinances 2017 -18 and 2017 -19 were advertised in the Orlando Sentinel on July 23, 2017 (see Exhibit D). RECOMMENDATION: Staff recommends that the City Commission approve First Reading of Ordinances 2017 -18 and 2017 -19. Public Hearings 403 PAGE 6 OF 7 - August 14, 2017 ATTACHMENTS: 1. Exhibit A - Location Map (1 page) 2. Exhibit B - Ordinance 2017 -18 (3 pages) 3. Exhibit C - Ordinance 2017 -19 (2 pages) 4. Exhibit D - Orlando Sentinel Legal Advertisement, July 23, 2017 (1 page) 5. Exhibit E - Legal Description (2 pages) Public Hearings 403 PAGE 7 OF 7 - August 14, 2017 EXHIBIT A - LOCATION MAP 300 W SR 434 Annexation 0 100 200 400 600 800 Feet w" E S WV4:II:I1 ■:3 ORDINANCE NO. 2017 -18 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 2.92 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD 434, 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 "SUBURAN ESTATES" TO CITY OF WINTER SPRINGS "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 August 2, 2017, 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: City of Winter Springs Ordinance No. 2017 -18 Page 1 of 3 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 "Suburban Estate" to City of Winter Springs "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 (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 City of Winter Springs Ordinance No. 2017 -18 Page 2 of 3 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 , 2017. 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: Legal Ad: Second Reading: Charles Lacey, Mayor City of Winter Springs Ordinance No. 2017 -18 Page 3 of 3 EXHIE ORDINANCE NO. 2017-19 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 2.92 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD 434, 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 "A -1 AGRICULTURE DISTRICT" TO WINTER SPRINGS "C -1 NEIGHBORHOOD COMMERCIAL "; 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 2, 2017 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 include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County "A- 1 Agriculture District" to Winter Springs "C -1 Neighborhood Commercial District." Exhibit "A" is attached hereto and fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2017 -19 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. 2017 -18 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2017 -18 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 12017. 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: Legal Ad: Second Reading: Charles Lacey, Mayor City of Winter Springs Ordinance No. 2017 -19 Page 2 of 2 Jz I Orlando Sentinel Sunday, July 23,2017 EXHIBIT D NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWING: ORDINANCE NO. 2017-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 2.92 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 3DO W STATE ROAD 434, WINTER SPRINGS; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. ORDINANCE NO. 2017-18 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 2.92 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD 434, 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 "SUBURAN ESTATES" TO CITY OF WINTER SPRINGS "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. ORDINANCE NO. 2017-19 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 2.92 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD 434, 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 "A -1 AGRICULTURE DISTRICT" TO WINTER SPRINGS "C -1 NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. EXHIBIT A PLANNING 8 ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON WEDNESDAY, AUGUST 2,2017 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, AUGUST 14,2017 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, SEPTEMBER 11, 2017 AT 5:15 P.M. OR SOON THEREAFTER IN THE 3 `7- COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances and complete legal description by mates and bounds may be obtained by interested parties between 8 a.m. and -5 p.m., Monday through Friday, at the City's Clerk's Office, 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 call (407) 327 -1800 #227, 48 hours in advance of the meeting. These are public hearings. Interested parties are advised that they may appear at the meetings and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at these meetings, 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. Sketch of Description Sheet 1 of Legal Description: LEGAL DESCRIPTION: EXHIBIT E THE WEST 425 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, RUN S 00 029'58" E ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 2473.42 FEET TO THE EAST a CORNER OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89 051'53" W, ALONG THE SOUTH LINE OF THE NORTH 2 OF SAID SECTION 4, A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN S 00 021'31" EAST, A DISTANCE OF 25.00'; THENCE N 89 051'53" E, A DISTANCE OF 25.00' TO A POINT ON THE EAST LINE OF THE SOUTHEAST a OF SAID SECTION 4,SAID LINE ALSO BEING THE SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES AS RECORDED IN PLAT BOOK 62, PAGES 77 -80 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE S 00 021'31" E, ALONG SAID EAST LINE, A DISTANCE OF 306.84 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH z OF THE NORTHEAST a OF THE NORTHEAST 4, OF THE SOUTHEAST a OF SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89 050'14" W, ALONG SAID SOUTH LINE, A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN; FROM THE POINT OF BEGINNING; DEPARTING SAID SOUTH LINE RUN S 00 002'01" E, A DISTANCE OF 299.51 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF WEST STATE ROAD 434, AS NOW ESTABLISHED; THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 032'38" W, A DISTANCE OF 289.24 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 051'01" W, A DISTANCE OF 135.77 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF AFORESAID PLAT OF BARRINGTON ESTATES; THENCE DEPARTING SAID NORTH RIGHT -OF -WAY LINE AND ALONG SAID EAST LINE, RUNG N 00 002'02" W, A DISTANCE OF 300.96 FEET; THENCE RUN ALONG THE AFORESAID SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES N 89 °50'14" E, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. SAID LAND CONTAINING 127,705 SQUARE FEET OR 2.93 ACRES MORE OR LESS. This is NOT a Survey. This is ONLY a Sketch. ISketch of Description Prepared For: HT Real Estate - Orlando, LLC I ketch Date: Drawn B HT Real Estate - Orlando, LLC roperty IS NU I In a Flood crone Area, Lone - X ", t5ased on the F.LK,IVI. (Flood Insurance Kate Map) Community Number 12117C Panel Number 0180 F Dated 09- 28 -07. Zone Determination Shown Hereon is Given as a Courtesy, and is Subject to Final Approval by F.E.M. A. )etermination may be affected by Flood Factors and /or other information NEITHER known by NOR given s Surveying Company at the time of this Endeavor. Ireland & Associates urveying, Inc. andT —Sign! ng Ireland k Associates e Surveying, Inco 1301 S. International Parkway Suite 2001 Lake Mary, Florida 32746 www.irelandsurveying.com Office - 407.678.3366 Fax - 407.320.8165 >Sketch is Based upon the Legal Description Supplied by Client. >Abutting Properties Deeds have NOT been Researched for Gaps, Overlaps and /or Hiatus. >Subject to any Easements and /or Restrictions of Record. >Bearing Basis shown hereon, is Assumed and Based upon the Line Denoted with a "BB ". >Building Ties are NOT to be used to reconstruct Property Lines. > Fence Ownership is NOT determined. >Roof Overhangs, Underground Utilities and /or Footers have NOT been located UNLESS otherwise noted. >Septic Tanks and /or Drainfield locations are approximate and MUST be verified by appropriate Utility Location Companies. >Use of This Sketch for Purposes other than Intended, Without Written Verification, Will be at the User's Sole Risk and Without Liability to the Surveyor. Nothing Hereon shall be Construed to Give ANY Rights or Benefits to Anyone Other than those Certified. I hereby Certify that this Sketch of Description of the above Described Property is True and Correct to the Best of my Knowledge and Belief as recently Surveyed under my Direction on the Date Shown, Based on Information furnished to Me as Noted and Conforms to the Standards of Practice for Land Surveying in the State of Florida in accordance with Chapter 5J- 17.052 Florida Administrative Codes, Purs &tion 4AO27 Florida Statutes. FOR Patrick K. Ire d. <oRio P 6637 LB 7623 osuw� Date Signed: 7 /19/17 This Sketch is intended ONLY for the use of Said Certified Parties. This Sketch NOT VALID UNLESS Signed and Embossed with Surveyor's Seal. File No. IS -37358 CADD File: \ 7\ IrelandAssociates \IS- 37358SOD.d -,j - Calculated PC - Point of Curvature - Centerline Pg. - Page .,B - Concrete Block PI - Point of Intersection CM - Concrete Monument P.O.B.- Point of Beginning Conc. Concrete P.O.L.- Point on Line D - Description PP - Power Pole DE - Drainage Easement FIRM - Permanent Reference Esmt. - Easement Monument F.E.M.A. - Federal Emergency PT - Point of Tangency Management Agency R - Radius FFE - Finished Floor Elevation Rad. - Radial Fnd. - Found R &C - Rebar & Cap IP - Iron Pipe Rec. - Recovered L - Length (Arc) Rfd. - Roofed M - Measured Set - Set %" Rebar & N &D - Nail & Disk Rebar Cap "LB 7623" N.R. - Non - Radial Typ. - Typical DRB - Official Records Book UE - Utility Easement P - Plat WM - Water Meter P.B. - Plat Book D -Delta (Central Angle) o- - Wood Fence -X- - Chain Link Fence I hereby Certify that this Sketch of Description of the above Described Property is True and Correct to the Best of my Knowledge and Belief as recently Surveyed under my Direction on the Date Shown, Based on Information furnished to Me as Noted and Conforms to the Standards of Practice for Land Surveying in the State of Florida in accordance with Chapter 5J- 17.052 Florida Administrative Codes, Purs &tion 4AO27 Florida Statutes. FOR Patrick K. Ire d. <oRio P 6637 LB 7623 osuw� Date Signed: 7 /19/17 This Sketch is intended ONLY for the use of Said Certified Parties. This Sketch NOT VALID UNLESS Signed and Embossed with Surveyor's Seal. File No. IS -37358 CADD File: \ 7\ IrelandAssociates \IS- 37358SOD.d -,j Sketch of Description Sheet 2 of 2 Point of Commencement NE Carney Section 4 -21 -31 also NE Corner of Plat N t of Barrington Estates m d Plat Book 62, Pages 77 -80 owlW_ q-553 W E Not t(5 Scale Point of m Beginning m Barrington Estates Parcel IDii Plat Book 62, Pages 77 -80 04- 21 -31- 300 - 0150 -0000 _ N 89 "50'14" E 425.00' S line of Barrington Estates w S line of N 112 NE 1l4 NE 114 BE 114 Section 4-21 -31 N 89 "50'14" E 236.e8' an I I a I S } of NE 1 of NE 1 of SE 1 Sec 4 -21 J1 I I Parcel ID# 1. 04- 21 -31- 300 - 0150 -0000 cq w Z Parcel ID# W 425'of S} of ME l of ME l of SE 17 Sec 4 -21J1 °0 04- 21- 31- 300 -015A -0000 da I N Right -of -Way line of )Neat State Road 434 S 89 °51'01 "W 135.77 — — — — — — — — — — `Additional Right of (Per 766) \\ Record Book 2766, fi, P Page 27fifi) \Right of Way Per Plat of Oviedo Road Right of Way Per FDOT Maintenance Map (Plat Book 6, Pages 74 8 75) (Section 77070, Pages 15 -19, Dated 03/16/1989) West State Road 434 (AKA: State Roatl 41 9) Ireland k Associates Surveying, Inc. 1301 S. International Parkway Suite 2001 Lake Mary, Florida 32746 www.irelandsurveying.com Office- 407.678.3366 Fax - 407.320.8165 I Y This is NOT a Survey. This is ONLY a Sketch