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HomeMy WebLinkAbout1975 06 09 Regular . - '.- .0 .09;';.A1 ~-./'r'v 'L ~ \tJls~ ~"- L, o /}'D' bJ1. .~" NEWMAN D. BROCK . ./'&/ J ~ , /I 'ATTORNEY AND COUNSELOR AT LAw C 11if':, ,~jiJ "ifiJ1 <1\ \ <<lIft EAST SEMORA.N Bom.EVAJlD U {~~ ALTAMONTE SPRINOS. FLORIDA 32701 "pn SeITH 207 ~/ j ~IJ'MO~v~ - ~ TJl us PH ONE f30~) 830-0808 I l Nay 30, 1975 r Ms. Sharon Patrick, Acting Chairman Planning & Zoning Board City of Winter Springs 102 North Moss Road Winter Springs~ Florida 32707 Re: Letter of May 2, 1975, addressed to City Council requesting legal research on fourteen (14) qu~stionable areas regarding annexation and zoning Dear Ms. Patrick: Pursuant to the above-referenced letter, an ad hoc committee consisting of Honorable Ernest Hendrix, Honorable Irwin Hunter, and myself, was formed to research the fourteen (14) questionable areas existing in annexation and zoning. Along with the kind assistance from Mr. John Dw~er, Seminole County Land Development Office, and the aforementioned members of the committee, I am pleased to answer each of the particular questions in the ~ollowing manner: (1) and (2) ISSUE: vfuat is the location of the City limits relative to the western border of Lot No. l23? DECISION: In order to answer this question, conjunctive consideration must also be directed to Lot No. 115 because r \ f' ,'" {\ Ms. Sharon Patrick Page -2- May 30, 1975 I I they are contiguous lots and present the same issue. Lots No. 115 and 123 were 'not described in the Special Act incorpor~ting the Village of ~orth Orlando. Ordinance No. 1 (1959) set forth the legal description'of the entire lots and, then, again in the Special Act in~orporatingthe City of Winter Springs the respective lots ~ere again described. r It would appear. that the present zoning map does not show the City limits going as far westerly on the aforesaid two (2) lots as they should. After contacting the City Attorney for Casselberry, Florida, a survey has been requested by th~t .City in order to obtain an accurate measurement of boundaries. There is apparently little doubt but v,7hat all of Lots No. 115 and 123 are within the City limits; however, you will need to await the survey to determine how far westerly they both extend. (3) ISSUE: Are Lots No. 12, 17 and 18 of the Oak Grove Park within the City limits? DECISION: These Lots are properly annexed into City of Winter Springs. The Seminole County Tax Assessor considers them to be in the City, and the County will change their maps to evidence said lots as being within the City. (4) ISSUE: Is the Railroad Avenue property in Gardena Farms within the City limits? DECISION: No, Ordinance No. 64 excludes the Railroad Avenue property in Gardena Farms from the City limits. r \ I"""" '"' {\ Ms. Sharon Patrick Page -3- l-1ay 30, 1975 . J (5) ISSUE: Is the tract lying south of Lombardy east of David Street and north of Buttonwood within the City limits? DECISION: Yes, Lot 55, Block D, was included as an entire lot in the Special Act incorpor- ating the City of Winter Sprines, Florida, and the tract in question lies within said lot. . (6) ISSUE: Is Lot 7, Block B of Johnson's Poultry Farm within the City limits? (7) DECISION: This lot was annexed into the City pursuant to Ordinance No. 104 and' would appear to legally be within the City limits because of the presumption that an Ordinance is valid until proven otherwise. The problem with this paiticular lot would appear to be that it is contiguous to the Winter Springs Elementary School, which was annexed in a questionable manner in 1972, near the time of the enactment of that Special Act commonly known as the l!Mooney" bill. The annexation of the lot under consideration appears to have been properly annexed in that it met the require- ments of the "Mooney" bill and, therefore, ....lOuld remain in full force and effect irres- pective of questionable annexation of Winter Springs Elementary School property. ISSUE: Is the south portion of Sunset Drive and the adj acent area of Tract "A", Section 3 of North~Orlando Ranches due east of Sunset Drive ~ithin the City limits? r r"'. r"- ~ r" Ms. Sharon Patrick Page -4- Hay 30. 1975 DECISION: This issue is still under con- sideration and a review of certain deeds will be necessary before offerine any further opinion. (8) ISSUE: Is that portion of Lot 57. Block D of D. R. Mitchell's Survey situate north of S.R. 434 within the City limits? r DECISION: No. Ordinance No. 21 does not show this portion of Lot 57. Block D. . to be within the City. nor does City Charter indicate this portion to be in the City. The Seminole County Tax Assessor shows an assessment to Casselberry Gardens ~f property east of the west line. (9) and (10) ISSUE: ~fuat is zoning classification of Lots 1 - 5 and 16 - 21. Block 7. and Lots 1 - 12. Bloc~ 8. of North Orlando Terrace. Second Addition (Plat Book 12. PP 55 - 57). and Lots 4. 5. 18 and 19, Block 9 of North Orlando Terrace. Second Addition (Plat Book l2. PP 55 - 57)? DECISION: All of the above-described lots are shown to be zoned R-IA. (II) ISSUE: ~fuat is zoning classification of Lots 3. 4 and 5, Block 29, of North Orlando Ranches. 8th Addition? DECISION: These lots appear to be zoned as C-l since the official zoning map in effect upon the date of the Special Act incorporating the City of Winter Springs, Florida, indicated them to be C-l. r lat.... ,; , . (' f" r-.. Ms. Sharon Patrick Page -S- Hay 30, 1975 (12) (13) r , (14) a . . ISSU~: ~fuat is zoning classification of Lots 33, 34 and 35 of Entzminger Farms? DECISIOtl: Ordinance No. 14 annexed Lots 34 and 35 into the City limits and made it a C-2 zoning district. Lot 33 is still under consideration. ISSUE: ~~at is zoning classification of triangular lot south of Oviedo Farms and north of S.R. 419? DECISION: Still under consideration. ISSUE: '~at is zoning classification of tract east of Moss Road which includes the old sewerage treatment plant? DECISION: ~his issue has been previously answered; however, it is my opinion that the area was shown as C-2 on the official zoning map which was in effect on the date of the Special Act incorporating the City of Winter Springs, Florida and, therefore, still remains that particular zoning classification. Questions posed by Councilwoman Van Eepoel are answered as follows: (15) r l... ISSUE: Was Lot 17, Entzminger Farms Addition No. 2 properly annexed into the City limits? DECISION: The aforementioned lot would appear to not have been properly annexed into the City in that the Notice of Public Hearing did o r r "'-- . - f" ^ Ms. Sharon Patrick Page -6- May 30, 1975 (16) (17) NDB/rb a . not qccur prior to July 6, 1973. ISSUE: Was Winter Springs Elementary School property properly annexed into the City limits? DECISION: It would appear that the afore- said property was not properly annexed in that the UoL':'...c (J"[ Public Hearing was not held before July 6, 1973, the effective date of the "Hooney" bill. ISSUE: Was Lot 10, less south 155 feet, Entzminger Farms Addition No, 2 properly annexed into the City limits? ,. DECISION: It would appear that the aforesaid lot was not properly annexed into the City because the- public hearing was not held until after July,6, 1973, the effective date of the "Mooney" bill. Respectfully submitted, A~~~ Ne~~an D. Brock, City Attorney City of Winter Springs, Florida o r. r ..... r /~ ~ (!fit!! Df QJasstlhttt1! INCORPORATED 19-40 . . CASSELBERRY, FLORIDA 32707 OF"F..ICE OF" MAYO.R . May 29, 1975 . I Kenneth W. Mcintosh . Attorney-at':'La~i P. O. Box 1330 Sanford, Flori~a 32771 SUBJECT: Lots 115 and 123 in Block D of D. R. Mitchell's Survey of the Levy Grant REFERENCE: Your letter of May 19, '1975 Dear Ken: With regard to the referenced letter and our tel~phone conversation of May 23, 1975, please be advised that an investi- .gation of the City of Casselberry's boundary declarations in the Charter and Ordinance documents has been completed and it is our finding that the westerly borders of Lots 115 and 123 are common with the municipal boundaries of the City' of Casselberry. I trust this information will be helpful to you in . resolving the boundary question-which has arisen. Sincerely yours, CITY OF CASSELBERRY ..:1 ~. k~ Kenneth H. Ehlers, 'P.E. C.i ty Eng i neer KHE/pm . CF 1179 cc: Honorable Bill B. Grier, Mayor Newman D. Bro~k, Esquire r ^ Report of the Recreation Committee Meeting of June 3, 1975 . . TO: City Councilmen (' The Recreation Committee met at 7:30 PM on June 3, 1975 at City Hall. The purpose of the meeting was to finalize a Summer Recreation Program to operate within a $1500.00 budget. The program decided upon will provide daily recreation at the City Park off North Edgemon Avenue five days a week for two ~onths beginning June 16, 1975, with one person mamaging and operating the program. If CETA monies are provided the program will be expanded to 'use personnel available with this money. The program will include team and individual sports activities, such as basketball, softball, volleyball, table tennis, shuffleboard, chess, checkers, etc. No tennis equipment will be provided, however tennis will be included for participants providing their own equipment. No arts and crafts will be included in the program. The budgetted $1500.00 was Salary FICA Equipment allocated as follows: $1100.00 64.35 335.65 r The program will be free to school age children of city residents. Provided they can be accomodated, out-of-city children will be allowed to participate for a $10.00 per child fee. It must be stated that this is not a child care operation and children that cannot take care of themselves cannot participate. All participants will be required to register and theirr parents requested to sign a liability release form prior to their child's participation. The following must be accomplished at the park prior to June 16th (a work order was ~rocessed to the Public Works Department requesting this work on June 4, 1975): Cut grass and police the entire park area. Clean and repair courts. Replace pipe on volleyball court. Repair basketball back boards and goals. Extend a water pipe to the outside of the building and make into a water fountain, Assure bathrooms in building are operable. Assure power and water utilities are operating. Also the equipment must be purchased immediately. Request Council approve this program in order that it may be implemented on schedule. Full cooperation of elected officials and city employees will be necessary to get this program ready by its start date, and to keep it operating for the approved two months. Respectfu~ly submitted, r RECREATION COHMITTEE Donald Browning John W. Daniels Irwin Hunter ..... f",. .~ . '-,' . ~ . 6 June 1975 f'*', I PETITION FOR A ZONING CHANGE We, the undersigned residents of the City of Winter Springs, Florida do hereby petition the Winter Springs City Council to change by city ordinance the present zoning classification of the old sewer plant property o'~ed by the Florida Land Company from commercial to single dwelling zoning and thus eliminate the nresent "SPOT" zoning of commercial property on ~,1oss Road. This would be more in keening with the present single dwellings now in the area. (The nronertv mentioned above is described in the attachen Public Hearing ~otice for T:'lorida Lands reauest for a change of zoning from commen:ial to multiple dwellings.) \..r' ADDRESS / //d //~ ~o~ ,/ lie c.-"=/ S,,- ~'. '\ I // //'3 / / / I {\ /"'\ " " N A "tE ADDRESS r '"' .~ r=i I I, }~-r'-\ \-'~ \1'\ ~~ 30fo ~, .: J. c2 ~,2. 1J!h7 ":11 ~a;;;zl :L/Jf):r.:~U ~l. ~'~ij;'Z'7~M~/1( 1Jb'1 :.-7 -( v(~l ./ ' ,... ~ 1/ j , J t"--h ~I (, ~1-<-t_<~?-t:~~/' /'/r. ; . Y _ _ _ . / . ~- I O.Y/ L., ~mq? o/~~</ . 313,_~d (~ ,t4~/ fsM-T, '::j-L ~'J?ckr.." ~/- ~;~ /7/1.-: ,..5/':? . -;:;u...J' 4 ~t-' c~/ i / ~, < j , " . / Ii ~ "" T; [L",":';r :t~~1 -~ :: QA~ .:/ -(.v' (L n // ,'i l.-'" ....,. ,1 ! .I /, 3 \ L. i~., ~L '7' ~<~.L;' S I ~ L.-L./ l::; '1 A~ ~'" 3 C> 'K ,IV) L(}. V) Kc/ ..., I"l \? L/Yl J r:;) / (,.\).~ ,y ,Q.." . , 5.:/-',......... c.. /-.~ " ~ ~ ",ir/ fA i~/' ~~<AJ~ &.-~ / '. J. . \ ~' tt../..L-1'~~~vLl./\ L7 r ( :--t:S1 ....", J . L J' -"1 /' ~\ \ ~"-c J "'""". . \ '#' 1 ' . ~ I ' / -\ I .. The Public Hearing will be held in the City H~ll, . Winter Springs, Flor~da, on the 9th day of June, 1975, at 7:30 p.m., or as soon thereafter as possible, at which time interested parties and citizens for and against the proposed change of zoning classification will be heard. Said hearing may be continued from time to time until final action is taken. THIS NOTICE shall be posted in three (3) public places within the City of Winter Springs, Florida, at the City Hall within the said City, and published in The Evening Herald, a newspaper of general circulation in the City of Winter Springs, Florida, one time at least 15 days prior to the aforesaid hearing date. In addition, notice shall be posted in the area to be considered at least 15 days prior to the date of the public hearing. DATED this 15th day of May, 1975. CITY OF WINTER SPRINGS, FLORIDA f)? / ,of ---1, _.- , ./:'} t'. "'.' . '.' '-I / , . I t -.... -.. i . ,--- . '." , MARY T ': NORTON, - CLERK NE~n1AN D. BROCK, ESQ. CITY ATTORNEY CITY OF WINTER SPRINGS, FLORIDA (' \ \1-\ ~ 1,. 1'\ ~ ,. (' ~ CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOH IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City , of Winter Springs, Florida, that said City Council will hold a public hearing: (a) to consider a request for a change of zoning from C-2, General Commercial and Industrial, to R-3, Multiple Family Dwelling, of the following described property presently lying within the municipal limits of the City of Winter Springs, Florida, and more fully described as follows, to~wit: Begin at a point on the Southerly prolongation of the Easterly right-of-way line of Moss Road as shown by Plat of North Orlando Second Ad- dition, as recorded in Plat Book 12, Pages '55, 56 and 57 of the public records of Seminole County, Florida, said point being 355.0 feet S 6055'33"E. from the South Right-of-Way line of Young Road, as shown by said Plat of North Orlando Second Addition, thence run N.83004'27" E. 433.81 Feet, thence run N. 34024'27"E. 367.88 Feet to the P.C. of a curve concave Westerly having a radius of 210.0 Feet and a central angle of 63020' ,thence continue Northerly along said curve for a distance of 232.128 Feet to the P.T. thereof, thence run N.28055'33"W. 330.47 Feet, thence run S.83004'27"W. 590.0 Feet to a point on the Easterly Right-of-Way line of said Moss Road, said point being 970.599 Feet N.6055'33" W. from the point of beginning. LESS Begin at a point on the East Right-of-Way line of Moss Road, 105.40 feet south of the inter- section of the South Right-of-Way line of Young Road according to the Plat of North Orlando, Second Addition, as recorded in Plat Book 12, Pages 55, 56 and 57, public records of Seminole County, Florida; Run thence East 100 feet; thence South 100 feet; thence West 100 feet to the East Right-of-Way line of Moss Road; thence North 100 feet to the point of beginning, and further described as a tract containing approximately 11.5