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Home My WebLink About2008 08 11 Public Hearing 503 First Reading Ordinance 2008-11CITY COMMISSION ITEM 503 Au usg t 11, 2008 Meeting Consent Information Public Hearin X Re ular MGR. ~ /Dept. ,~ , ~% REQUEST: The Community Development Department -Planning Division requests the City Commission remove from the Table and hold a Public Hearing for First Reading of Ordinance 2008- 11,which rezones two (2) parcels containing 9.04 acres, more or less, located adjacent to the north side of SR 419 on the east and west side of Wade Street from "C-1 Neighborhood Commercial" to "C-2 General Commercial" subject to certain use and other restrictions pursuant to section 20-31(e). PURPOSE: This is an application for a restrictive rezoning as described sec. 20-31(e). Property owners, Bart & Cynthia Phillips are requesting the rezoning so they might develop the property in a viable manner, given the physical constraints and unique location of the property. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 166.041. Procedures for adoption of ordinances and resolutions Winter Springs Charter Section 4.15 Ordinances in General Winter Springs Section 20-26. Intent andpurpose Winter Springs Section 20-27. City commission authority Winter Springs Section 20-28 Due process• Special notice requirements Winter Springs Section 20-29 Applications Winter Springs Section 20-30. Staff review Winter Springs Section 20-31. Rezonings Winter Springs Section 20-31(el. Rezonings subject to certain restrictions Winter Springs Section 20-57. Euclid v. Amber Realty Co. 272 U.S 365 (1926Z(upholding the constitutionality of the principles of zoning Florida Municipal Home Rule Powers Act CHRONOLOGY: 1992 - 1994 Subject Property is documented as having a "Commercial" Future Land Use designation. 1994 -current Subject Property is documented as having a "C-1 Neighborhood Commercial".Zoning designation. 1994 - 2003 Scrivener's mapping error illustrates the Subject Property as having an "Industrial" Future Land Use designation. August 11, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 2 of 6 Fall 2003- Planning and Zoning Board Visioning Exercises related to Commercial and Industrial Uses. Resulted in Amendments to the C-l, C-2 and I-1 Zoning Districts, as well as the establishment of two new zoning districts, the C-C and C-3 Zoning Districts. Feb. 23, 2004- City Commission Adoption of Ordinance 2003-32 correcting the scrivener's mapping error to restore the Future Land Use designation to "Commercial" Apri14, 2008- City Commission Special Meeting to discuss Bart Phillips' project and how to proceed Mav 14, 2008- Application received, requesting the Restrictive C-2 Zoning for use of the property for Outdoor Storage and Warehousing_ May 22, 2008- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing re: Ordinance 2008-11 June 4, 2008- P&Z/LPA considered the request and voted 3-1 on the motion to recommend approval of Ordinance 2008-11 June 23, 2008 City Commission Public Hearing for 1st Reading is Tabled until after Commission Action on Ordinance 2008-] 0 which would amend the C-2 list of permitted uses. CONSIDERATIONS: Ap lip cant -Hugh W. Herling, Jr.; 850 Courtland St.; Orlando, Florida 32804; (407) 629-1061; hharling_na,harlinglocklin.com on behalf of property owners, Bart & Cynthia Phillips Owner - Bartholomew D. & Cynthia D. Phillips Parcel Numbers - 34-20-30-SAW-0000-0340 (includes lot 34 & 35) & 34-20-30-SAW-0000-0330 Acreage - 9.04 Acres General Location - No physical address. Located on the north side of SR 419 on both sides of Wade Street. Leal Description -LEG ALL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS ADD NO 2 PB 5 PG 9 Chronolog~f Subject Property -The property was part of the original property included in the incorporation of Village of North Orlando. Existing Land Use -The subject property includes a portion of the Florida Power & Light (FP&L) right-of--way and fronts onto SR 419 across from George Street and Deer Song residential areas. The FP&L right-of--way transverses the City through numerous zoning districts and future land use designations and is generally considered as non-usable land because of constraints posed by the right-of--way. The FP&L Right-of--Way Agreement on this property has been in effect, since 1957. Adjacent existing land uses, zoning and FLUM designations include the following: Subject Open storage of semi- C-1 (WS) Commercial (WS) Site trailers and scrap metal .and FP&LRight-of--Way North Industrial I-1 (WS) Industrial (WS) South Single Family R-1 (WS) Moderate Density Residential Residential (WS) East Access for Layer C-1 (WS) Public/Semi-Public Elementary School and (WS) FP&L Easement West Light Industrial I-1 (WS) Industrial (WS) (WS) Winter Springs; (SC) Seminole County; August 11, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 3 of 6 iNl ~F~E are -~ uses currentty'~ 17 ~~ ~ - , : =- , ~ _ - ~_ ~ ~, , j ,_ _ tlt~ ''~f _ ~? "~ ~ ~ ~~ ~' i ~~ ~- ~ ~ _ ~~ ,per- f ~ j ' ' ~ } ~~ _ .. ~..~ r~ h y` - i ~-'. ~. ~ ~~ • ~ e ~wsek~ irnnw~~ M B~fj~ "1~V .~ ,,~ ~' ~._. , ~ w A + .i .u . ~~t ..,.~ .; ~~Pf?F~ . , . _- ~- ~ ~ ,~'t Development Trends - The Applicant is proposing to use the subject properties for Outdoor Storage and Warehousing. Under separate action, the property owner is also proposing some changes to his current 419 Metal & Auto Recycling, Inc. facility. (See minutes from Apri14, 2008 Special Meeting.) Under current review is an Application for the Vacation of Ginger Lane and a portion of Old Sanford- Oviedo Road; a Site Plan Application fora 10-foot high concrete wall (to be located within the Ginger Lane right-of- way and along the eastern perimeter of Lots 11 and 33, an Application for Aesthetic Review of the 10' concrete wall, and an Arbor Application for the removal of certain trees along the wall alignment. No other development proposals within the vicinity of the subj ect properly are currently under review. August 11, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 4 of 6 Letters/Phone Calls In Favor Or Opposition -Letters were sent to all property owners within 150' of the subject properties and a sign was posted on the parcels as notice of this public hearing. Two property owners responded and indicated that they are in favor of the change of zoning as long as it results in moving the industrial uses further away from their property. REZONING ANALYSIS: The following summarizes the data and issues which staff is required to analyze when reviewing rezoning applications: (1) Compliance with Procedural Requirements- Sec. 20-31(e) grants the Commission authority to approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regulations in the same zoning district. An application was received from the Property owner on May 14, 2008 and a Public Hearing was held before the Planning and Zoning Board on June 4, 2008. The requirements for advertising have been met. (2) Consistent with The Comprehensive Plan- The property has a Future Land Use (FLU) Map designation of "Commercial" The proposed Restrictive Rezoning change is consistent with the objectives and policies of the Comprehensive Plan as long as the permitted uses adopted by Ordinance 2008-10 can be considered Commercial uses and the proposed restrictive rezoning results in a less intensive use than what is currently permitted under the I-1 Light Industrial Zoning District. The land use is compatible with the residential in that it establishes, with the restrictive rezoning, a transition from the industrial to the residential. (3) Consistent with any Master Plan for the property The property is not part of an Approved Master Plan; However, the Applicant's proposed development plan was discussed with the City Commission on Apri14, 2008 at a Special Meeting and is currently being reviewed by staff. ~4~Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Restrictive Rezoning change is compatible with the commercial land use pattern established by the City's comprehensive plan. The requested Restrictive Rezoning to "C-2 General Commercial" will maintain the property as a transitional area between the residential uses to the south and the adjacent industrial uses to the north. ~5) Does Not Create Spot Zoning= Moskowitz and Lindbloom in their book, "Development Definitions" define Spot Zoning as "Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the comprehensive zoning plan." The proposed Restrictive Rezoning to "C-2 General Commercial" would provide for some special uses for a severely constrained site. Then subject site meets the requirements of being constrained by the FPL electric transmission lines, the railroad line, SR 419 Collector Road, and the Industrial Park. As previously stated, the Restrictive Rezoning to "C-2 General Commercial" will maintain the property as a transitional area between the residential uses to the south and the adjacent industrial uses to the north. The proposed Restrictive Rezoning change is compatible with the commercial land use pattern established by the City's comprehensive plan. August 11, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 5 of 6 (6 Does Not Materially Alter the Population Density Pattern- The proposed Restrictive Rezoning will not affect the City's population density pattern, since it does not include any residential units. (7) Does Not Create Illo,~gically 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; The adjoining property to the northeast also has a (Winter Springs) C-2 zoning designation; (8) Changed Conditions Make the Proposed Rezoning Necessary- The FP&L Right-of--Way Agreement on this property has been in effect, since 1957. The property was part of the original property included in the incorporation of the Village of North Orlando in 1959: The property has always had a C-1 Neighborhood Commercial designation. As stated earlier, the rezoning request has been made in order that the owners might develop the property in a viable manner, given the physical constraints and unique location of the property. The proposed development should result in the restoration of the site to a more compatible use; allowing the site to function as the previously discussed transition area between the Industrial Park and the residential areas to the south of SR 419. (9) No Serious Reduction in Li hg t or Air to Adjacent Areas- The proposed rezoning change will not reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Property Values- The Applicant has indicated that, ifneeded, he is willing to demonstrate that the proposed Restrictive Rezoning will not adversely affect property values in the surrounding area. X11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent of the Restrictive Rezoning is to limit any adverse effects so that the subject property will not be a substantial detriment to the future development of vacant adjacent property. X12) Does Not Constitute a Special Privilege- The subject property has distinct and substantial development constraints due to its location underneath electric transmission lines and adjacent to the City's only functional railroad line. However, the subject property also provides a unique economic development opportunity relative to the use of the railroad line. In an effort to recognize and address the site's specific constraints as well as it's unique economic development opportunities, the proposed Restrictive Rezoning will afford this specific property additional uses not afforded to other C-2 properties, while also restricting the subject property in ways not conveyed to other C-2 properties. X13) Not out of Scale- The proposed Restrictive Rezoning on the subject property is not out of scale with the surrounding developments. The property's location adjacent to an industrial corridor, in conjunction with the Restrictive Rezoning, allows the opportunity for this property to provide a needed transition from the industrial uses to adjacent commercial and residential properties. (14LDoes Not Violate an~ty Land Use Regulations- The proposed Rezoning is allowed as a Restrictive Rezoning under Sec. 20-31(e). - August 11, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 6 of 6 FINDINGS: 1. The subject site has substantial development constraints and conditions because of it proximity to the electrical transmission lines, the railroad line, S.R. 419, and the Industrial Park. These constraints and conditions are relatively unique to the subject property. 2. The subject site meets the requirements established by Ordinance 2008-10 for the Restrictive C-2 Zoning. 3. The additional uses granted to the subject property as a result of this Restrictive Rezoning are limited to properties adjacent to a state collector road and within and adjacent to an electrical transmission line right-of--way/easement and properties adjacent to a functional railroad line. Therefore, the two new uses will likely not be permissible in most of the existing C-2 zoned properties within the City. 4. There is a need for the creation of an appropriate facility for the storage of commercial and recreational vehicles for the residents of Winter Springs. PLANNING & ZONING BOARD RECOMMENDATION: At the June 4, 2008 regular meeting of the Planning & Zoning Board/LPA, the Board voted 3-1 to recommend approval of Ordinance 2008-11. The dissenting vote was from Mr. Martinez. A memo documenting the reason for his dissenting vote is included as Attachment C. STAFF RECOMMENDATION: Staff recommends that the City Commission remove this Agenda Item from the Table and hold a Public Hearing for First Reading of Ordinance 2008-11, and consider changing the Zoning classification on the subject property located on north side of State Road 419 at Wade Street from "C- 1"Neighborhood Commercial (Winter Springs) to "C-2" General Commercial Zoning (City of Winter Springs) subject to certain use and other restrictions pursuant to section 20-31(e): ATTACHMENTS: A- Application for Rezoning B- Planning and Zoning Board Minutes from June 4, 2008 C- Dissenting Report from Ed Martinez D- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing (May 22, 2008) E- Ordinance 2008-11, as Revised F- Current Zoning Map, May 2008 & Proposed Zoning Map, June 2008 CITY COMMISSION ACTION: ATTACHMENT A .~E~ 4ry~: SPf21NGS rsten apvr.tcaNT~ Harling, Jr. , Hugh W. ------------- Lasl first Middle MAILING ADDRESS: 850 Courtland Street Orlando, Florida 32804 city sta ~ , zp com C~harlingloc in 629-1061 hhartlin 407 PHONE&EMAIL: g - . if Applicant does NOT own the property: PROPERTY OWNER: Phillis, Bartholomew D. & Cynthia D. 419 Metal Last first Middle & Auto MAILING ADDRESS: 212 Morton Lane Recycling Winter Springs, FL. 32708 Center, Inc. Cify State "Lip Code PHONE & EMAIL This request is for the property described below; PROPERTY ADDRESS: Old Sanford/Oviedo Rd. TAXPARCELNUMBER: 34-20-30-5AW-0000-0340 / 0330 SI7~OFPARCEL: 9 +/- Acres Square Fec~ 1 a~~ EXISTING LAND USE: Commerc is CURRENT ZONING Classification: C-1 Nbad Commercial REQUEST for a CHANGE to City of Winter Springs ZONING Classification: Res t r i C t ive C - 2 Gen . Commercial Commercial Current FUTURE LAND USE Classification: March Ztas APPLICATION FOR REZONING Tltc PLANNING & ZONING BOARD shall be required to review all zoning applications and make a written recommendation to the City Commission. The CITY COMMISSION shall render all fictal decisions regarding rezonings and may impose reasonable conditions on any approved rezoning to the extent deemed necessay and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth iit the City's Code of Ordinances Chapter 20, Zoning end Chapter 166, Florida Statutes. Generally, rezonings take two (2) to threw (3) months. All APPLICANTS shall be afforded minimal due process as required by law, including the sight to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: ^ A copy of the most recent SURVEY of the subject property with Metes and Bounds description. ^ A copy of the LEGAL DESCRIPTION. ^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ^ JUSTIFICATION for the Request based on Code Section 201. (See Attachment) ^ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ^ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). ^ APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAI. SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development. REZONING, pea' Applicant $ 500 $ Plus $ 25/acre $ (or portion ihcroot) TOTAL DUE nr.~, woos By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evacuating this application. rt*******wrtrtrrrrt*r***r**r*r*r**r*w**rr***rt*rrt*wrtr**rrrrrr**rrr*r*****rtrrtr*rrtrrrrrtrrr**r FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: TI»s is to certify that 1 art~„the Owner in fee simple of subject lands described within this Application for Signature Sworn to and subscribed before me this day of 20~ Notary Public My Commission expires: Personally Known R1:'.iti;' . :'= ~ '-s,' ~-~ ~~, ,:•, Produced Identification: 's " " ' ~~: (TYPO ~ ~- ~~i'. ,. ..: _. _~ lZ Did take an Oath ~ ~~~~ :- Did Not take and Oath ~"t''` ' ''' ~'" '" ~'~~'~ wuu..••••aYas•Yevr.era.: :.~i.. ¢a~, •.a YY.Y.•uut ****r*****rt***w**rt*****w**r*r***rt******w***ww*********w****r*******r**r*ww#*wr**rt*r**r FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I~ Bartholomew & Cynthia Phill i~~~.~y kith my notarized signature allow Hugh W . Ha r 1 ing , Jr . , P . E . to represent me in the Rezoning of my property. The property is identified as: Tex Parcel Number(s) Located at 600 Old Sanford/Oviedo Rd.rd\ and as furtl~ idept~c p etas and Bounds description provided with this Application. Ownerts) Sworn to and subscr d bef re me this day of C~1L C- 20~ Personally Known Produced Identification: ~TYPe) Did take an Oath Did Not take and Oath ~~- ~L--~ otary Public My Commission ex~res: _ ar•a^a~~•[a~oaa ss!:eesr~:•.va...:'~'xi'4•an •Yif ena Ra•a~ -~ i ., tai cr ~.. _ a•a•••• • •••lY~ti•Y. YLYk L.. fYML'tJ>•• M7util 2(K15 See Attached Justification Statement for the Rezoning ~t1STIFICATION FOR THE REZONING Taken from venter Springs Code of Ordinances, Section 20-31. Address each of the following standards related to the REZONING request. Attach additional paper as necessary: ^ Is the proposed rezoning in compliance with all procedural requirements established by City code and law? ^ Identity how the request is consistent with the objectives and policies of the Comprehensive Pian including, but not limited to, the Future Land Use Map. Wiil the proposed change have an adverse effect on the Comprehensive Plan? ^ is the proposed rezoning consistent with any master plan applicable to the property? ^ is the proposed rezoning contrary to the land use pattern established by the City's Comprehensive Plan? 4 ~h 2cxr, ^ Substantiate how the proposed rezoning will not create a spot zone (prohibited by law). ^ Does the proposed rezoning materially alter the population density pattern in a manner that will overtax the Toad on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure? D Does the proposed rezoning result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan? ^ Do changed or changing conditions make the proposed rezoning necessary? ^ Will the proposed rezoning seriously reduce light or air to adjacent areas? 5 Maech 21105 ^ Does the Applicant understand that, IF the City were to be presented with competent substantial evidence indicating that the property values would be adversely affected by the proposed rezoning, the Applicant would then need to demonstrate that the proposed rezoning change would not adversely affect property values in the surrounding area? ^ Describe how the proposed rezoning wi(I not be a substantial detriment to the future improvement or development of vacant adjacent property. ^ Describe how the proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare? ^ Explain how the proposed rezoning is in scale or compatible with the needs of the neighborhood or the City. ^ Does the proposed rezoning violate any of the City's applicable land uss regulations? A3a+ch 20IK JUSTIFICATION STATEMENT l .This rezoning request is running concurrently with the City processing an amendment to the C-2 zoning district in the Land Development Regulations that will allow for the restrictive C-2 rezone sought in this application, which will allow open storage as a permitted use and relief from setbacks against the property line adjacent to the existing railroad right-of--way. Upon the City's processing and approval of the Land Development Regulations amendment, the proposed rezoning will be in compliance with all procedural requirements established by City code and law. 2. The request is consistent with the objectives and policies of the Comprehensive Plan and Future Land Use Map as it is a zoning classification allowed in the Commercial Future Land Use designation on the subject site, and proposes to provide appropriate transition of land uses from tl~e Industrial to the north and the residential across State Road 419 to the south. There will be no adverse effect on the Comprehensive Plan as no section of the Plan nor change in Future Land use designation is being sought. 3. At this time, there is no master plan applicable to the property. However, as has been provided in discussions with the City, the requested restrictive rezone is consistent with the future use and development plans for the property. 4. The proposed rezoning is not contrary to the land use pattern established by the City's Comprehensive Plan. The established land use pattern already accounts for commercial on the subject property, no change in the established land use pattern is being requested. 5. The proposed rezoning will not create a spot zone as it is adjacent to existing C-2 designated property to the northeast, which is the Layer Elementary School property. Further, the C-2 restrictive rezone being sought here provides a natural and intuitive use transition from the industrial zoning to the north to the residential across State Road 419 on the south. 6. The proposed rezoning does not materially alter the population density pattern in a manner that will overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure as it is seeking a rezone consistent with the Future Land Use designation of the Comprehensive Plan, therefore, impacts for the property have already been factored into effects on public facilities, services and infrastructure. Further, any required impact fees, connection fees, and improvements will be met as required by City Code. 7. No, the established land use pattern already accounts for commercial on the subject property, no change in the established land use pattern is being requested; and the subject property is adjacent to existing C-2 designated property to the northeast, which is the Layer Elementary School property. The C-2 restrictive rezone being sought here provides a natural and intuitive use transition from the industrial zoning to the north to the residential across State Road 419 on the south. K. The proposed rezoning is necessary to provide the property owner a manner in which the property has viable use, while integrating into the existing land use pattern and community harmoniously. 9. The proposed rezoning will not seriously reduce light or air to adjacent properties. No use is planned for the property which would do such. 10. Yes, the Applicant is willing and prepared, if needed, to demmonstrate that the proposed rezoning change would not adversely affect property values in the surrounding area. 11. The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property. Improvements to the subject property are planned to be contained within the property and not alter transportation impacts on adjacent properties, nor affect the use of adjacent properties. Enhancements planned for the subject property will likely be an attribute and positive influence to the future improvement or development of vacant adjacent property. Vacant adjacent property is limited in the City, with only four vacant parcels, zoned Indsutrial (I-1) in close proximity to the subject site and range in size from .57 acres to 8.48 acres. 12. The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The C-2 restrictive rezone being sought here provides a natural and intuitive use transition from the industrial zoning to the north, to the residential across State Road 419 on the south. The established land use pattern already accounts for commercial on the subject property, no change in the established land use pattern is being requested. 13. The proposed rezoning is in scale with and compatible with the needs of the neighborhood of the City as the open storage/wazehouse use proposed provides the community with a location to store items they can not at their respective residences/businesses, whether due to space limitations, or through restrictive covenants and deed restrictions. This particulaz location is positive for the City and neighborhood as it is not located within the Town Center or 434 Corridors, but is located within an industrial corridor and will provide transition from that industrial to adjacent commercial and residential. 14. The proposed rezoning does not violate any of the City's applicable land use regulations. E�AY3FY .le�KiAt�N� CF3A.. Jl.� . ��. �� I � :.f } +�� . •�,; �� .. � �. . .. �� .�� . t'SQi E.F�I�T'ST � �I,K�'s�Y�i.:1FL 3�7"'3"S -1 dii+H ��. 4{S7 -6+Ei� - 7SCE6 2008 WQRKING VALUE SUMMARY GENERAL �rr��r�drn+��i � Crr�pa�t ras�t r��t��l. Value FNethod: Market Parcel I d: 34-20-30-5AW-0000-0340 Number of Buildings: 0 Owner: PHILLIPS Bl�RTHOLOMEW D& Depreciated Bidg Value: $0 OwnlAddr: CYNTHIA D [}eprac�df�d EXFT Value: $0 Mailing Add�re�s: 212 MQRTGN W Land Value (Market): $75,000 City,State,ZipCode: WINTER BPRINGS FL 32708 Land Vafue Ag: $0 Property Address: Jus#i�+l8rket Valu�e; $75,000 F�cility N�me: Assessed Value (SOH): $75,000 Tax District: W1-WIN7�i2 SPRINGS Exempt Value: $0 ��"��`' Taxable Value: $75,000 Dor: 10-VAC GEM1I�(�AL-COMMERCI , ��, �'ar��b��it� .��lc�s��tcar SALES Deed Date Book Pa��a Amount vac/lmp Qualified 2007 VALUE SUMMARY WARRANTY DEED 03/2000 0382$ 07�i1 $115,000 Vacant No �4��'� �ax Biil Am.t�urst; $12 QUIT CLAIM DEED 04/1985 �1�$3'� t��' $100 Vacant No 2007 Taxabie Value: $750 WARRANTY DEED 01/1974 t�1016 4}#i�2 $5,000 Vacant No DOES NOT INCLUDE NON-AD VALOREM - ASSESSMENTS Fir�d S�les within khi� �iC7R Cvde LEGAL DESCRIPTION LAND L��nd Assess Method Frontage pepth l.and Units Unit Price Land Valuuftt PLATS: �'��- ��' A�; REAGE 0 0 7.500 10,000.00 $75,000 LEG ALL LOTS 34 8 35 ENTZMINGER FARMS ADDNO2PB5PG9 UTEs Assessed values shown are NOT cerfi(ie.d values and therefore are sub%ect to Change before 6eing finalized for ad valorem ax purposes. "`!f ou recenU urchased a homesteaded ro ert our next ear's rt tax wiN be based on JusUMarkef vafue. � _ �� ; , , 11.A ° 4� '�r � ; � : �i1 -`�'�., . . i" - � �r j �a � . ` �7 � � ,. [��rctadrttw�s�tv,�IR $.A� 1i�.0 � ""�-� :�(7Rf} y `^.�.-..�._9.tl 1 ti v. ,� �. �� ---� 1,1.Q � Q � ��i�1�lER " :--�""`.'�. n � __, �� o _ _. ...33.d33.A �'__""'3�' ��7dl�it>L� 7�Et�*t7Y #i... d s � �..�,�,, �, f fIG51 �. �11�iT :�Y � "'�1. � � �,�"� � ...��''"'..,,� �r��tx.r�.��'rr��a+� f� � � ' .°' �1.B q1.A 4tY7 - tE{�� r�� s. �� t,. s� a �?� � ��#4 � � � � '� ��a�:c - 200$ WORKiNG VALUE SUMMARY GEf�I�F2AL ;Arts�r��rt��r�t 1 irr�pact n�t r��t�ct�d. Value Method: Market P�rcei 1d: 34-20-30-5AW-0000-0330 Number of Buildings: 0 Owner: PHILUPS E�ARTHOLOMEW D& Depreciated Bldg Value: $0 OwnlAddr; CYNTHIA D Depreciated EXFT Value: $0 Mai�ing Address: 212 MORTOf�! LN Land Value {Market): $15,400 City,State,ZipCode: WINTER S�'I�iNGS FL 32708 La�td V81ue Ag $0 PropeKy Address: JuSUMarket Vatu�; $15,400 Facility Name: Assessed Vafue (5{aH): $15,400 Tax Distriet: W1-WINTER SPRINGS Exempt Value: $0 Ex�mptions: Taxable Value: $15,400 Dar: 10-VAC GENERAL-COMMERCI T�x �stiritatc�r �"c��t��ility ��I��#�r S�I.ES Deed Date Book Page Amount Vac/lmp Qualified 2a07 VALUE SUMMARY WARRANTY DEED 03l2000 �t��i �759 $115,000 Vacant No ��'� �� 1'd`�?��' $2 QUIT CLAIM DEED 04/1985 Q1�332 1 sS�T $100 Vacant No 2007 Taxable Value: $154 WARRANTY DEED 0111974 p1q1� t}9�� $5,000 Vacant Yes DOES NOT INCLUDE NON-AD VALOREM ---- ASSESSMENTS Find Sales v�rithir� this qt?�t Gc�de LEGAL DESCRtRTION LAND Lr�nd Assess Method Frontage Qepth Land Units Unit Price Land `Vatus PLATS: P��••� '` A:�REAGE 0 0 1.540 10,000.00 $15,400 �� LOT 33 {LESS E 143.14 FT} ENTZMINGER FAF�MS ADD NO 2 PB 5 PG 9 NG�TE: Assessed values shown are NOT Certi�'i�d values and therefore are subjeet to change before being finalized for ad valorem taa: purposes. "" lf ou recenfl urchased a homesteaded o ert our next ear's ro ert tax will be 6ased on Just/Market value. CITY OF WINTER SPRINGS KIVA REPORTING SYSTEM KIVA INFORMATION SYSTEMS FEE LISTING REPORT: bprp05 APN ................: 3420305AW00000340 DATE ................ 14-MAY-08 I?ERMIT .............. REZO 2008401 PROP. DEVELOPMENT..: MISCELLANEOUS SITE ADDRESS........ SUBDIVISION........: ENTZMINGER FARMS ADD NO 2 OWNER ..............: PHILLIPS BARTHOLOMEW D & ADDRESS ............: CYNTHIA D CITY/STATE/ZIP.....: WINTER SPRINGS FL 32708 FEE CODE ACCOUNT ZP_REZONE ZONFEE DESCRIPTION REZONING PETITION RUN DATE: 14-MAY-08 UN TIME:03:53:58 'PAGE: 1 OF 1 QUANTITY FEE AMT 10 TOTAL FEE AMT $750.00 TOTALS: $750.00 FEES SUBJECT TO CHANGE BASED ON PLANS REVIEW COPYRIG'dT KIVA 1997 - 2008 REVISION: 8.2 -~c "I81"E:_'.~~iE':1lic: ~.y.,N tEi.ET{ec. 1 ~~aS~~i~.T ii . t' `~~Ua. ~~~1 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 4, 2008 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, June 4, 2008 was called to Order at 7:00 p.m. by Chairman Robert L. Heatwole in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Robert L. Heatwole, present Vice Chairman Charles Lacey, absent Board Member Rosanne Karr, present Board Member Edward Martinez, present Board Member William H. Poe, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department -Planning Division Wishes To Provide The Local Planning Agency With Information On Proposed Legislation By The DCA (Department Of Community Affairs). Ms. Eloise Sahlstrom, AICP, ALSA, Senior Planner, Community Development Department spoke about "Hometown Democracy" and distributed an article published on May 28, 2008. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The May 7, 2008 Regular Meeting Minutes. Chairman Heatwole stated, "Requesting Approval May 7, 2008 Regular Meeting Minutes - do we have a Motion to accept those?" "SO MOVED." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 2 OF 11 VOTE: BOARD MEMBER KARR: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: AYE BOARD MEMBER POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Ms. Sahlstrom presented this Agenda Item and stated, "It does relate to [Agenda] Item `501'." Ms. Sahlstrom said, "This ad has been advertised in the Orlando Sentinel for the LPA [Local Planning Agency] Public Hearing and you are being asked to make a recommendation to the City Commission regarding this [Agenda] Item tonight. However, if in the discussion more time is needed additional Public Hearings can be held." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 3 OF 11 Continuing, Ms. Sahlstrom stated, "In closing, Staff found that the revision is in Compliance with procedural requirements established by the City Code and Florida Statutes and it is consistent with the Comp[rehensive] Plan. So, therefore, Staff recommends that the LPA [Local Planning Agency] P And Z [Planning And Zoning] hold a Public Hearing and recommend to the City Commission Adoption of Ordinance 2008-10 which Amends `C-2' General Commercial Zoning District to allow with supplemental restrictions indoor and outdoor paved parking and storage of automobiles, boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and recreational vehicles under certain unique situations in specific areas of the `C-2 Zoning District'." Discussion. Chairman Heatwole opened the "Public Input"portion of the Agenda Item. Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke in favor of this Agenda Item and would like to have recreational vehicles instead of debris on this property. Discussion. Photographs of the property were shown. Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850 Courtland Street, Orlando, Florida: represents the owner of the property and addressed the Board Members related to Agenda Items `500' and `501'. Mr. Harling said, "If it is screened, non hazardous and nobody living there -anything else with storage, open storage would be allowed. What that does is, this property is large enough to be broken into a section that would be one hundred percent (100%) set up for recreational vehicles which would need to be segregated, but it also has a section that could be set up for work vehicles. The City of Winter Springs has been a leader in aesthetics within their neighborhood community for years and years and years and as such there are people who have signs on the side of a panel truck that are not allowed to park them at home." Continuing, Mr. Harling stated, "We believe that we could set up a section and we will work with your Staff on the constraint facility, because that is something that we had not really looked at in detail either with your Staff and or the [Seminole] County. So, we will do that, but we feel that work vehicles for plumbers, landscapers, maintenance people, surveyors; I am an engineer, we have two (2) survey trucks. If I could park them there and have one (1) guy pick him up and drop him off, it would save and it would work well I think for the City, because you have a very dynamic work base population in the City and those people maintaining the quality within the neighborhoods, this would allow them to go to work, come home and they would be close to City needs also." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 4 OF 11 Next, Mr. Harling said, "There are some business `Uses' that we think would be appropriate by fleet -you wouldn't have more than two (2) or three (3) vehicles for anybody in particular, but if you go down here a little bit, the entire school population, school buses have a fleet right before you ever get around the corner to us on [State Road] 419, and they certainly roll out every morning, roll in every afternoon and put a lot of traffic on our roads and system getting to the quality schools again that we have in Seminole County." Regarding storage, Mr. Harling said, "Somebody should be allowed to take a vehicle in there, store it and not necessarily be operable under the definition of operable by the Department of Motor Vehicles. And again, you don't want those vehicles being stored in your residential subdivisions, so this gives an option for that. So again, I come back to, I think if we had non hazardous, screenable and no living on the site, that that would define what should be allowed to happen in this highly specific area located adjacent to a railroad track with power lines and a screening system put in place. One of the things that we are negotiating both with the City and with the [Seminole] County is a cross trail. The thirty five feet (35') that you see adjacent to the road there, would become part of the trail system. There would beaten foot (10') wall right behind the trail system. The trees that are along there would become County controlled as far as -there are quite afew -black jack oaks and things like that along there and those trees would become part of the trail system also. Then that section between the wall and the rail would be the storage area, and if there happens to be anything that is in there at this point in time that you were talking about, it would be pushed back to the other side of the railroad tracks. So, I think we may be coming very close to taking care of the problems that you were alluding to. That pretty well sums up what I believe would be a slight modification to the Ordinance." Discussion ensued on Zoning. Ms. Sahlstrom said, "The `I-1' Zoning District does allow outdoor storage and it does allow storage of commercial vehicles, any kind of vehicles; work related semi trucks, anything." Ms. Sahlstrom added, "This change expands the `C-2' Zoning which currently does not allow any outdoor storage even if it is protected by a wall and brings that `Use' into the `C-2'. As it stands right now, any of those `Uses' are only allowed in the `I-1'. So, boats and RV's (recreational) are not allowed in `C-2'. This allows part of outdoor storage into `C-2' without allowing all of those `Uses' or all of those vehicles into this `C-2' Zoning." Discussion. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members on the Ordinance and "Uses" allowed. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 5 OF 1 I Tape 1/Side B Chairman Heatwole closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO TABLE [AGENDA] ITEM `500' MAKE A RECOMMENDATION TO TABLE [AGENDA] ITEM `500' AND PROCEED TO [AGENDA] ITEM `501' AND GIVE US THE OPPORTUNITY TO COME BACK TO [AGENDA ITEM] `500'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31(e). Ms. Sahlstrom introduced this Agenda Item and said, "In writing this -Staff Report and included in your Agenda Item is the Application for the Rezoning. In looking at what the Applicant was requesting, everything that was included was stated in the Application. So, it was stated for boats and RV (recreation vehicle) storage and that was the direction Staff understood to be the Applicant's request and therefore, the Staff Report was based on that. In looking at a previous discussion at a City Commission Workshop, it was stated boats and RV (recreation vehicle) storage. So, it wasn't expanded to include work vehicles or where it could include any of the `Uses' that are associated with the 419 Metal [and Auto] Recycling [Center], no semi's, it was stated very clearly boats and RV (recreation vehicle) storage. If the Applicant wants to expand that `Use' it would be my suggestion and Staff's that they amend their Application and their justification and do so formally with the Application that we are reviewing tonight for this [Agenda] Item `501'." Discussion. Photographs of the property were shown. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 6 OF 11 Referencing Agenda Item `501' under Rezoning Analysis number (10), Board Member Edward Martinez, Jr. said, "In order for them to institute the kind of things that the Attorney was suggesting, you will have to make several changes or they have to reconsider their Application or Amend their Application and then you would have to work on it and then it would have to come back to us." Ms. Sahlstrom said, "That would be my recommendation." Board Member Martinez stated, "Thank you." Board Member William Poe said, "The Justification Statement that is with [Agenda Item] `501' was written by the Applicant?" Ms. Sahlstrom said, "Yes, that was written by the Applicant." Board Member Poe read the Justification Statement number `1' and said, "I don't see RV's recreational vehicles mentioned anywhere in there, so my question goes back to I don't see the Applicant asking for RV (recreation vehicle) and boat storage. I am seeing him ask for `open storage'." Discussion. Ms. Sahlstrom stated, "It does talk about [Justification Statement] `13' about storage, but it does say businesses there. You are correct on that. And actually there might be an error in the Justification part, but I do know that in the Workshop Minutes [City Commission Special Minutes, April 4, 2008], it simply said boats and RV's (recreational) but I don't have that included here for you." Mr. Stevenson clarified `Open Storage' and `Closed Storage'. Board Member Martinez discussed "Justification Statement" number 12. Chairman Heatwole opened the "Public Input "portion of the Agenda Item. Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 8S0 Courtland Street, Orlando, Florida: addressed the Board Members and said, "One of the things that we did specifically put in the Request was that it be `Open Space' and again we try to keep things simple. The fact there is a railroad track, the fact that the powerlines are there, the fact that we are working with the [Seminole] County to put the trail through there and the fact that we want to screen it, so then what we want to do is protect what is behind the screen and also have an aesthetic view from the road." Photographs of the property were shown. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 7 OF 11 Continuing, Mr. Harling said, "This is what the entrance would look like at Wade [Street]. There would be -large landscape palms, it would be -the wall would be ten feet (10') tall brought around the corner and then this is what the wall would look like. The intent is to on three foot (3') centers to plant a ficus type vine that grows, put an irrigation system in that would be a low water use microjet type water system, grow a green screen along there. Two (2) things happen. You buffer sound with that and also with the wall itself you have a major structural element there to separate yourself from the trail and then the trail goes across the road and then you are at your residence. So, everything would be pushed further to the north that you were discussing before and in addition to that, you will have a ten foot (10') wall with landscaping green on it and a good landscaped entrance coming into it." Mr. Harling added, "Your Staff has been very, very kind and met with us many times. And in those discussions and some of the meetings that we had with them, we did discuss recreational vehicles, we also discussed containers, we also discussed that there should not be anything allowed behind that wall that was greater than thirteen feet (13') tall so that you do have the screening effect that takes place. All of those things are things that we have committed to. We continue to be committed to and we think that by doing this you are going to win a trail system, you are going to win a buffering system and a sound proofing system and a screening system from this totally from (State Road) 419 you are going to improve the entrance off the existing road system and we would just respectfully request that you move us forward with the Zoning and also that you go back and revise the language that has been presented to you for the -[Agenda Item] `500'." Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke about Wade Street and is concerned about traffic. Commented about the intersection and suggested a traffic light. Mr. Duvall is in favor of this Agenda Item. Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850 Courtland Street, Orlando, Florida: addressed the Board Members and stated, "We are donating an additional ten feet (10') on each side of the right-of--way. When we do the Site Plan, we will be required to bring the road up. The dust and dirt will go away. It will be an industrial commercial grade road system and then we will be required also to do any intersection improvements necessary for safe and adequate ingress and egress from the site, which we will do." Chairman Heatwole closed the "Public Input" portion of the Agenda Item. Board Member Martinez discussed `Justification Statement' number `5' and `10'. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 8 OF 11 Ms. Sahlstrom said, "One concern as I already mentioned that Staff had is that we did not feel it appropriate that a business would be operated out of the Site. If this Board wants to expand the `Use' to include utility trailers and small commercial vehicles, I am not opposed to that, but I would like it to be limited to certain smaller commercial vehicles not just any commercial vehicle, because I think it is very important that probably in opposition to what Mr. Harling said, I don't support a general description because then there is opportunity for misunderstanding misinterpretation. It has been clear from the Workshop, that the discussion was that this site would not be an expansion of the 419 Metal [and Auto] Recycling [Center] business. It would be a different `Use'. But it needs to be clear in any language that is adopted that we are providing a new `Use' for this site that gives economic viability to this property but, it also protects the residents and acts as a transition `Use' that is not an `Industrial Use'." Continuing, Ms. Sahlstrom stated, "Staff does not support generalizing this statement to just say non hazardous screenable and no living on this site. That is too broad to have any enforcement or to know what that means. But, I would support utility trailers, small commercial vehicles but not if they are being operated as a business operating out of that site that would generate daily traffic." Discussion. "MAKE A MOTION TO TABLE THIS [AGENDA ITEM] `501' UNTIL WE COME BACK TO IT AFTER [AGENDA] ITEM `500'." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: AYE BOARD MEMBER POE: AYE CHAIRMAN HEATWOLE: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARING WAS BROUGHT BACK NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Board Member Martinez stated, "We need a Motion to bring this back up." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 9 OF 11 "I'LL MAKE THAT MOTION." "MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Discussion. "I WOULD LIKE TO MAKE THE MOTION THAT WE RECOMMEND BASED ON OUR PUBLIC HEARING TONIGHT RECOMMEND TO THE CITY COMMISSION ADOPTION OF ORDINANCE 2008-10 WHICH AMENDS THE `C-2' GENERAL COMMERCIAL ZONING DISTRICT TO ALLOW INDOOR AND OUTDOOR PAVED PARHING AND STORAGE OF AUTOMOBILES, BOATS, BOAT TRAILERS, WATERCRAFTS, MOTORHOMES, TRAVEL TRAILERS, EQUINE TRAILERS AND RECREATIONAL VEHICLES IN CERTAIN SPECIFIED AREAS OF THE `C-2' ZONING DISTRICT ALONG WITH SUPPLEMENTAL RESTRICTIONS." MOTION BY BOARD MEMBER KARR. SECONDED BY CHAIRMAN HEATWOLE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER POE: NAY CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: NAY MOTION DID NOT CARRY. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31(e). Chairman Heatwole stated, "Now, I need a Motion to go back and open [Agenda Item] `501'." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 10 OF 11 "I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: NAY CHAIRMAN HEATWOLE: AYE MOTION CARRIED. Chairman Heatwole said, "Again, what the Board has been requested is to Motion, if that is the desire and Approve [Agenda] Item `501'and send it on to the Commission for a Public Hearing." Discussion. "I MAKE THE MOTION WE APPROVE [AGENDA ITEM] `501' AND SEND IT TO THE CITY COMMISSION WITH OUR RECOMMENDATION FOR APPROVAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: NAY BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. In other business, Ms. Sahlstrom clarified that if there is a dissenting Vote that those Board Members will need to furnish a written statement for the file. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 11 OF 11 ADJOURNMENT Chairman Heatwole adjourned the Regular Meeting at 8:31 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: ROBERT L. HEATWOLE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the , 2008 Regular Planning And Zoning Board/Local Planning Agency Meeting. ATTACHMENT C RECEIVED Hon. Andrea Lorenzo-Luaces City Clerk Winter Springs, Fl. 32708 DISSENTING REPORT Planning & Zoning Board/Local Planning Agency Regulaz Scheduled Meeting -June 4, 2008 Item #500 -Ordinance #2008-10 Item #501 -Rezoning of Two Pazcels of Land as per above Ordinance JUN 1 1.1008 CIS. OF WINTER SPRUdGS OFFICE OF THE CITY CLERK ~~~ p In my opinion item #500 is flawed and written in such a fashion that leaves loopholes for this or other Commissions to force people to pazk the vehicles in question at this designated place of business, something that has not been needed in our City during the 20 yeazs of my residence. I am of the opinion that it does not meet the essential requirements of Section 20-251 of our Code It certainly does not promote compatibility to surrounding areas. Removing the trees lining the property along CR 4191eaving a barren and stripped azea tends to be less compatible to surrounding azeas than at present. It is my opinion that this issue needs further studies and an ordinance that really takes into consideration a positive contribution to the City of Winter Springs and provides a benefit for the residents of our City. Item #501 - As I understand the package Item #501 was dependent on the favorable decision of the Boazd for Item #500. Since Item #500 did not fly I did not feel that voting aye for Item #501 was a positive vote. Further more and since I sat through the earlier workshop covering the items in question it was evident that the applicant, his consultant and engineer had nothing new to offer. To the contrary they presented the very items presented during the workshop and in my opinion the Commission was not impressed. The wall remained the same with some green vines covering up the ugly looking block cement underneath. The trees that presently offer a buffer for the neighbors across the street will begone making the project much uglier to look at and less aesthetic. There were no offers of vibrant and beautifying landscaping. There was not an offer to move the long ugly wall (assimilating a prison wall) back. The City's request to acquire amuch-needed right of way along the north edge was not there as well as an offer to correct the failing. For all of the above and the fact that I simply sensed a need of urgency by the applicant leading to obviating an in depth study of the project by staffrecognizing all the ramifications involved and the fact that the project at this time does not appeaz to be of a benefit to the City of Winter Springs and of value to the residents of our City, I voted against both~ms.. z ember -Member - P&Z/LPA -Winter Springs, Fl. ATTACHMENT D L.eg~tNt ,_. iVBUC YFFTINB NOTICE Statute,: Sscllan 786.0/05). roc WRl UI~ ~0i~ THAT oa YFrslspNr. #Yr 1L 8D01, of !N BEM1~011Y0A a. or o3 eno7t lhhaareoftK a gra~~~tgib~q nit 8 Rwwd~' CSE7787i9 " Yl1AB DUSInee3 a3 may properly CORIe before them. The WOpeIIY 10 be dB-ar- hexed Is. A p~rsel el leel yk~s~e~eirnsespkr~b d ~~e~l Raij 27 EeN, Orii~ Ceeiq, ~br~1a. eauislq ewes, nee r ler. IRCUIT CO RT, IINTH UpILIA(( IN AN~ FOR ON ~T~YdgF,LORIDA Iv1810N IN8 • ~E C~erk~ tNhiee ,, tCfVILCOU'RT 5EAL)'--~'~'•~ • BY: Kelly. 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Copks ~ erect at this tnsetlnfl, ' u F 10:0p a m the agendas for ifrese rrne • will need a record of the ~ Dofed:~Apr•il-7~pppp8~ Ines may be' obtained from p oceedinot, and for suth ~ Martha 9 Haynie, CPA Severn Trtnt Services, 710 ~,pUrposes yW may .need to ~unfY Gompiroller North pUpn~iversity Urplvyes., Mwre ~t~af a verpbatim r9- an a County Florida €lorida 730TI~t9S/) 7SfiS8e1, made uoo^ wh CI Delhi c1s C uE` p~~A~E=8 - ~puCftyvhrC~timepWilll~ peal is based. Interessted AT CONOOAtI~IOOj btounty Lwowroller Seal) There may be occasions pnrtfes are ddvlied that I INC., a any L5698871 whenone oI mart Supervl- They mYov Apppear at foe C jlrs, devices, ~• 8, 95, 77, 1008' ohonwilA~icloobtove o~ca peipect ro M phrOD tad oih ~~1~~~~~Yhhhi~pa~epjr~p un AFRICA OEN tton there wllT be present o dinanttt. s Nalmina by NOTICE I H R ggY GIV speaker telephone so that d under any o~ EN that NEP UNE 1 LLI any Interested pperson ton SL5726T78 527~)B ~ homed Defend- the holder of the foltowini offend the meeting at the certificate has fll d soli above lotatlon ond be fully ~ ~'~ ~ - - ~ ~ certl8cate for TAX DEE( ,informed of dhtYsslons r fo be Issued Thereon. Thy fakln8 pl~MpkoehlfonMer a Mmur' ~ OF ACTON ' Certlficafe number am ncotloni. T ih s workinop IN TN. CIRCUI,IT CpO RT (I~07 E N~ ~ rear f issubnce. the de may pe continued to a date QF ~C~T~ INY NDUFO DIOAR• `CNE~AL D•R VE wasDahss~ued o e ahs~fol and timete rfaln to W. An.• l~NOE^ NNTT ~~ ppLLO~~t1 oo haunted of iM workslav. GItE N0. ~MtTT~ ~ FL 37flS7 I~w _-- -__- - cicl attror~nrtwd tWni of this ~ p, Y~An;~B)~~Rppw meefyinge-because of o disc- ~TNE N~Y01 20GLIANd Dmilnt snou d v ointxt Sw! o pOF 81~ Trent Servic s, 710 Noprptph JANEt M. OAIRNIQNT Uneversl~v Rave, S~itQ.G',: PIaInHHS, era Inc homes In vrhleA ~li ?t dbY of April, was assessed are as fol- ,T30T, (9S1) T5358ti af,Tee} I .we wnewrKf r r r. ueen ATTACHMENT E ORDINANCE N0.2008-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING APPROXIMATELY 9.04 ACRES MORE OR LESS, GENERALLY LOCATED ADJACENT TO STATE ROAD 419 AND ON THE EAST AND WEST SIDE OF WADE STREET AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM "C-1 NEIGHBORHOOD COMMERCIAL" TO "C-2 GENERAL COMMERCIAL" SUBJECT TO CERTAIN USE AND OTHER RESTRICTIONS PURSUANT TO SECTION 20-31(e) OF THE CITY CODE; 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 owner of the Property subject to this Ordinance submitted an application seeking to have the subject Property rezoned from C-1 Neighborhood Commercial to C-2 General Commercial; and WHEREAS, section 20-31 (e) of the City Code provides that the City may approve the rezoning of property subject to restrictions; provided such restrictions do not confer any special privilege upon the owners of the Property that would otherwise be denied by the City's land development regulations in the same zoning district; and WHEREAS, the Property has distinct development constraints due to its location underneath an electric transmission line and close proximity to a functional railroad line and provides a distinct opportunity for economic development because of its close proximity to a functional railroad line and state collector road; and WHEREAS, because of these distinct constraints and opportunities, and because the Property is also located near a school and residential area, the restricted rezoning adopted hereunder is necessary to balance the legitimate governmental interests of ensuring land use compatibility and fostering a private owner's reasonable use of land; and WHEREAS, the Planning and Zoning Board and City staff recommended approval of this City of Winter Springs Ordinance 2008-11 Page 1 of 4 Ordinance at the June 4, 2008, Planning and Zoning Board meeting; and WHEREAS, the owner of the Property consents to the terms and conditions of this Ordinance; 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 zoning change, along with the use restrictions set forth herein, 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 from "C-1 Neighborhood Commercial" to "C-2 General Commercial" for the property depicted and legally described on Composite Exhibit "A," which is attached and incorporated herein by this reference ("the Property"). Section 3. Restrictions of Rezoning. A. Restrictions imposed. Pursuant to the authority set forth in section 20-31(e) of the Winter Springs Code of Ordinances, the City Commission hereby restricts the use of the Property to the following: (1) All C-1 Neighborhood Commercial uses. (2) The following C-2 General Commercial uses: ~a) Outdoor storage facility specifically designed for the parking and storage of vehicles ~uipment goods and materials,.provided said storage occurs on real property located adt acent to a state collector road and within and adjacent to an electric transmission line right-of--way/easement. Said facility shall be subiect to the supplemental regulations set forth in section 20-256. City of Winter Springs Ordinance 2008-11 Page 2 of 4 fib) A single warehouse building not to exceed 27,000 square feet and twenty-five (25) feet in height, provided the warehouse building, is located adjacent to a functional railroad line and used in conjunction, in whole or in part, with the stormproducts that are unloaded from railroad lines for wholesale or retail sale. No outdoor storage of products and materials shall be permitted unless expressly authorized b~ty Code. Said warehouse shall be subj ect to the supplemental regulations set forth in section 20-256. Said uses shall be subject to all other applicable provisions of the City Code. Any other use of the Property shall be prohibited. B. Restrictions to run with the land. The restrictions imposed by this Section shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the Property and this Ordinance in accordance with the procedures set forth in the Winter Springs City Code. C. Off cial zoning maps to be updated. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. Any such amendment shall reference the use restrictions imposed pursuant to this Section. Section 4. City Clerk to Record Ordinance. 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. 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. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2008-10 as adopted by the City Commission of the City of Winter Springs, Florida. If Ordinance 2008-10 does not become effective or is declared null and void, then this Ordinance shall become null and void. City of Winter Springs Ordinance 2008-11 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: See Section 7. City of Winter Springs Ordinance 2008-11 Page 4 of 4 Ordinance 2008-11 EXHIBIT A LEGAL DESCRIPTION LOT 33 (less East 143.14 Feet), LOT 34, & LOT 35 ENTZMINGER FARMS ADDITION N0.2, PLAT BOOK 5, PAGE 9. ATTACHMENT F Existing ZONING May 2008 230 460 920 Feet N Source: Seminole County GIS, City of Winter Springs, .May 2008 Proposed ZONING June 2008 0 230 460 920 Feet Source: Seminole County GIS, City of Winter Springs, May 2008 N