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HomeMy WebLinkAbout2008 09 08 Public Hearing 503 Ordinance 2008-11 Rezoning Two ParcelsCITY COMMISSION ITEM 503 September 8, 2008 Meeting Consent Information Public Hearin X Re ular MGR. ~ /De t. REQUEST: The Community Development Department requests the City Commission hold a Public Hearing for Second Reading and Adoption 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 SprinQS Charter Section 4.15 Ordinances in General. Winter SprinQS Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority Winter Springs Section 20-28. Dueprocess; Special notice requirements. Winter SprinQS Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. Winter Springs Section 20-31(e). Rezonings subject to certain restrictions. Winter Springs Section 20-57. Euclid v. AmberRealty Co. , 272 U.S. 365 (1926) (upholding the constitutionalit o~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. September 8, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 2 of 6 Fa112003- Planning and Zoning Board Visioning Exercises related to Commercial and Industrial Uses. Resulted in Amendments to the C-1, 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" A~ri14, 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. Mav 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 Aua. 11, 2008 City Commission Public Hearing for 1st Reading Aug. 21, 2008 Public Noticing in Orlando Sentinel for 2°d Reading/Adoption of Ordinance 2008-11 CONSIDERATIONS: Applicant -Hugh W. Harling, Jr.; 850 Courtland St.; Orlando, Florida 32804; (407) 629-1061; hharling~u,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. Legal Description -LEG ALL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS ADD NO 2 PB 5 PG 9 Chronology of 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) Slte trailers and scrap metal and FP&L Ri ht-of-Wa 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; September 8, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 3 of 6 WHERE are C-2 uses currently? 17-92 -- ~~ ~ ~4~: - ~ ~. ( i ' , ~„t~ ~ 1 P It ', ~ ~~~ C` ~ r ~' .'~ sR 1 -~ .~ ~~ i ' - ~` ~ ter.....: ~'~ . ' a ~``'w ,~,, .~`~*~. .~ - C~' ;~ x,~ ~~ ~, ~ ~ ,, ~i~L "'~ ~.~ e ~:,~ '~,~ {: ~~ ~. ~Yj~ ~' ~.C7. ^r•,~ Belle i 1 x' F ~ ,~ '- "'~~~y ~~~ ( '~., r~J~~ 1 1.<~ ~~I r~ .u ,+°. * ~; ~ ` _ R _ _ ~ ~. ..~._ _~ ,, ~, ~~~~ 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 property are currently under review. 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. September 8, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 4 of 6 (2) Consistent with The Comprehensive Plan- The property has a Future Land Use (FLU) Map designation of "Commercial" The requested Restrictive Rezoning change is consistent with the objectives and policies of the Comprehensive Plan and with the restrictive rezoning, establishes a transition of land use intensity from the industrial area on the north to the residential area on the south. (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. ~) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The requested 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. (51 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 requested Restrictive Rezoning to "C-2 General Commercial" will 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 requested Restrictive Rezoning change is compatible with the commercial land use pattern established by the City's comprehensive plan. (6) Does Not Materially Alter the Population Density Pattern- The requested Restrictive Rezoning will not affect the City's population density pattern, since it does not include any residential units. (71 Does Not Create Illogically Drawn Zoning District Boundaries- The requested 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. September 8, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 5 of 6 (9) No Serious Reduction in Light or Air to Adjacent Areas- The requested rezoning change will not reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Propertv Values- The Applicant has indicated that, ifneeded, he is willing to demonstrate that the requested Restrictive Rezoning will not adversely affect property values in the surrounding area. (11) Not Detrimental to Future Improvement of Adjacent Vacant Propertv- 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. (121 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 requested 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. (13) Not out of Scale- The requested 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. (14) Does Not Violate any Cit~Land Use Regulations- The requested Rezoning is allowed as a Restrictive Rezoning under Sec. 20-31(e). FINDINGS: 1. The subj ect 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. September 8, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 6 of 6 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2008-11, which changes 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 E- Consent to Zoning Restrictions F- Ordinance 2008-11, as Revised G- Current Zoning Map, May 2008 & Proposed Zoning Map, June 2008 CITY COMMISSION ACTION: ATTACHMENT A ~~~ ~ry~ n SPRINGS rsten APPLICANT: Harling, Jr . , Hugh W . ]act Fine Middle MAILING ADDRESS: 850 Court land Street Orlando, Florida 32804 City SIa1e , "Lip ..ddee PI•iONE&EMAIL; 407-629-1061 hhar~ing~dharlingloccklin.com !f Applicant does NOT own the property: PROPERTY OWNER: Phillis, Bartholomew D. & Cynthia D. 419 Metal Lact 1'irei Middle MAILING ADDRESS: 212 Morton Lane & Auto Recycling Winter Springs, FL. 32708 Center, Inc. City Saw 'Lip Cade PHONE &EMAIL This request is for the propaty described below; PROPERTY ADDRESS: Old Sanford/Oviedo Rd. TAX PARCEL NUMBER: 34-20-30-5AW-0000-0340 / 0330 S17_E OF PARCEL: 9 +/ - Acres Square I~eci Acres EXISTING LAND USE: Commercial CURRENT ZONING Classification: C-1 Nbad Commercial REQUEST for a CHANGE to City of Winter Springs ZONING Classification; Restrictive C - 2 Gen . Current FUTURE LAND USE Classification: Comme re i a 1 Comme rc i a 1 tv(uch 21K15 APPLICATION FOR REZONING Tltc PLANNING & ZONING BOARD shall be required to review all zoning applications and make a written recommendation to ttte City Commission. The CITY COMMISSION shall rendw• all final decisions regarding rezonings and tnay impose reasonable conditions on any apprroved rezoning to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Cotnpreltensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forilt itt the City's Code of Ordinances Ghapter 20, Zoning end Chapter 16b, 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 right 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 treed to insure that a verbatim rxor•d 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 Mates and Bounds description. ^ A copy of the LEGAL DESCRIPTION. 17 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ^ JUSTIFICATION for the Request based on Code 5ectlon 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 areas SHOWN }3ELOW plus ACTUAL COSTS incurred for ADVERTISMG 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. REZONMO, per• Applicant 5 500 $ Plus $ 25/acre $ (or ponion thereo>7 TOTAL DUE nt„Ra, wos By submitting this application you hereby grant temporary right ofentry for city officials to cola upon the subject property for purposes of evacuating this application. #t####+k###########*##~k+k###i##ii#M#############i#i######i####t#~k*######i#######i##r##r# FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: Tlris is to certify that 1 art„I„the Owner in fee simple of subject lands described within this Application for Signaturo Sworn to and subscribed before me this day of 20~ ~ ar~.~.C. rs~t~.-~-~... '1~-e. Cs~•.~e~ Notary Public My Commission expires: Personally Known Pf.-2.;'.:' :~ _` ; '.'..:! °•- Produced Identification: C .~~~'"`'"'• . " ,~ ~~ ~` ts•+~~ (TYPO Did take an Oath ~ • ~~ - ..~ i~ Did Not take and Oath ~''9a "`r`~ ~ ~' • •• • ~'''' ' ####*########+M###########i##i###i########i############*M#M########i#######W########### FOR USE WHEN APPLICANT 1S NOT QWNER OF THE SUBJECT PROPERTY: Bartholomew & Cynthia Philli8a~erebywithmynotarizedsignatureallow Hugh W . Hart ing, Jr . , P . E . to represent me in the Rezoning of my property. The property is identified as: Tex Parcel Number(s) Located at 6 00 Old Sanf and as furtbac ide~titJ~on~etr Owner(s) rd/Oviedo Rd.rd\ and Bounds description provid Sworn to and subscr' d before me this / ~f day of ~ 20~ Personally Known Produced Identification: CrYPe) Did take an Oath Did Not take and Oath ~/~ ~,~.~ ter...-`c otary Public My Commission cx~ires: _ wq~nn•aa.e-...r+!.va..~:,=x:^4•~nensesau~~~ .:';:L Pi:iG:' Di~uch 2(K)5 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 the 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/warehouse 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 particular 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. < v .. ~ r. DAYtD ,jOH!lYOIf~ C:F'/-, A9A PROPERTY APPRAI5ER a>3~nauli courvrrr=i.. 1101 $. FUZf7 tT rwurr~awen, ~ szT7r •t4ee sor7 -e1s6-75oB 2008 WORKING VALUE SUMMARY Amendment 1 lm~rct riotre~ected. GENERAL Value Method: Market Parcelld: 34-20-30-5AW-0000-0340 Number of Buildings: 0 Owner: PHILLIPS BARTHOLOMEW D & Depreciated Bldg Value: $0 OwNAddr• CYNTHIA D ' Depreciated EXFT Value: $0 Mailing Addr®ss: 212 MORTON LN Land Value (Market): $75,000 City,State,ZipCode: WINTER SPRINGS FL 32708 Land Value Ag: $0 Property Address: ,~wtf~(acket.X~lue.~ $75,000 Facility Name: Assessed Value (SOH): $75,000 Tax District: Wt-WINTER SPRINGS Exempt Value: $0 Exemptions: Taxable Value: $75,000 Dor: 10-VAC GENERAL-COMMERCI XA1S_~~1(L1~1tt[ E'stC~~~~L~f.S~tL~lJLllttt! SALES Deed Date Book Page Amount vaGimp Qualitied 2007 VALUE SUMMARY WARRANTY DEED 03/2000 0311~#f Q7~flT $115,000 Vacant No ~4Q.7.°-Tax-Elul-Amount: $12 OUIT CLAIM DEED 04/1985 01032 1.~9Z $100 Vacant No 2007 Taxable Value: $750 000 Vacant No Q 1 WARRANTY DEED 01/1974 Q1 i~ 0032 $5 DOES NOT INCLUDE NON-AD VALOREM . . . , ASSESSMENTS Fled Sales_withi~his_Qt3~ Cade LEGAL DESCRIPTION LAN D PLATS: P~k•.• `' Land Assess Method Frontage Depth Land Units Unit Price Land Value ACREAGE 0 0 7.500 10,000.00 $75,000 LEG ALL LOTS 34 & 35 ENTZMINGER FARMS ADDN02PB5PG9 (STE: Assessed values shown are NOT cert>led values and therefore are subject to change before being /finalized for ad valorem ax purposes. "' i( ou recent/ urchased a homesteaded ro ert our next ear's r< tax W!N be based on Just/Market value. 11.A DXYtD .K1tOi9oN. CFA, AS/1 I,S _ j 8.A 1{1.0 I ~~ "~ p °~ '° = ~:: f rs RROPFRi"~ ~ 1 y .a '" w nn~r~+oL~tcouHrr>n.. fi ~ e~ ~. „ '~`'-~.-r~,~~ ' t~uar~ts, n,.1aT7t=1.A38 ~ X~ ~, t r j , ` #1. B ;41.A a 'tQl -~-'7806 7} { ` z r .! f :S i tt. ~ 4 l t ~ ~ ~- . ~7 Zl i a S ~. .._~7, 2008 WORKING VALUE SUMMARY Amentlm~nt 1 Impact fits rsi°lected. GENERAL Value Method: Market Parcel Id: 34-20-30-5AW-0000-0330 Number of Buildings: 0 Owner: PHILLIPS BARTHOLOMEW D 8 Depreciated Bldg Value: $0 OwnlAddr: CYNTHIA D Depreciated EXFT Value: $0 Maillnp Address: 212 MORTON LN Land Value (Market): $15,400 CIty,3tate,ZipCode: WINTER SPRINGS FL 32708 Land Value Ag: $0 Property Address: ~JIa~tlMa~ltttt_Vlslue: $15,400 Facility Name: Assessed Value (SOH): $15,400 Tax District: W1-WINTER SPRINGS Exempt Value: $0 Exemptions: Taxable Value: $15,400 Dar: 10-VAC GENERAL-COMMERCI 7ax.E~.timator Pc~.tt#k> ilty._C~.~±».t~l.~tor SALES Dsed Date Book Page Amount VaGlmp Qualified 2007 VALUE SUMMARY WARRANTY DEED 0312000 Q~B~;I It7110 $115,000 Vacant No 2S~z._Tax_SiilAmszun' $2 QUIT CLAIM DEED 04/1985 016 2 1~9I $100 Vacant No 2007 Taxable Value: $154 000 Vacant Yes WARRANTY DEED 01/1974 O'I Q18 09~~ $5 DOES NOT INCLUDE NON-AD VALOREM , , ASSESSMENTS Find Saios within this DOR Code LEGAL DESCRIPTION LAND PLATS: Pick-•• Land Assess Method Frontage Depth Land Untts Unit price land Value ACREAGE 0 0 1.540 10,000.00 $15,400 LEG LOT 33 (LESS E 143.14 FT) ENTZMINGER FARMS ADp NO 2 PB 5 PG 9 NCfTE: Assessed values shown are NOT Certified values and therefore are subject to change before being finalized for ad valorem tax purposes. "` If u recent/ urchased a homesteaded rt our next ear's ro ert fax will be based on JusdMarket value. 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. C[TY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 2 OF I 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 -JUNE 4, 2008 PAGE 3 OF I 1 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 -JUNE 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 -JUNE 4, 2008 PAGE 5 OF 1 I Tape I/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 Staffs 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 M[NUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 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., 850 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 -JUNE 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 -JUNE 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. • •3 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 PARKING 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 -JUNE 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 1 l 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 11008 CITY OF WINTER SPRNJGS OFFICE OF THE CITY CLERK ~~~ a 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 area 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 #SO 1 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 be gone 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 staff recognizing all the ramifications involved and the fact that the project at this time does not appear to be of a benefit to the City of Winter Springs and of value to the residents of our City, I voted against both ems.. z ember -Member - P&Z/LPA -Winter Springs, Fl. ~~~ ATTACHMENT D F4 Orlando Sentinel ~~~ ~~~0 f. MIRUC IMETINB NOTICE Slotutes,~SectionN286.0105). )H Fa. o~r O ~ 9M~~fter~ai. BEMINO~pIrtYORIOA C01 practlcoble, the Board of. CSE7287i9 SR1AR ~~ Supervisors o} the Reedy INTHIJUD~LIATI~. (CIVIL COI7R7 SEAL] putt IN AND FOR 0& BY: Kelly Grubbs VTY FLORIDA Deputy Clerk IUMdER 0_1~-~CA~I0-O IYIBION Cs11A1RER: >6 OLS10B911 ~NEITURE OF ~' 8, 15, 22. 2008 `8 - E OF ACTION ' , .: r; ; s , GAANAM 7RE0 that an pc• ENTthuE NEPTUNE I L C nt To the Florda the Iwtder of the folbwln9 , iledrbyyltfhe Oi~ certificate has filetl sold v,Sfleritis Oftlce CBr?ifi4ats for g TAX DEED. e names In whl ssessed are as ousiness os moy proaerly come before Ihem. The property fo be de-an- nexed is: teatl~ee » eed ewwEhq u 1wt , R qe !T ut ns Ceulr, ~InNs, saulelee ~~ sera, ewre r lase a ~7on~ddeecldciiOfoUaP Ipeal a HERETO ~ FROM X40 ~~lSABILITY WHO M ~a ~~Noynle CPA decision withrespedtoam NEEIGHBaRH00D COCM• Ike Ny ACCOMMO• oction considered of the M RCIAI' TO 'C-2 GEN- IN ORDER TU ountY Comptroller . aDOVe public meetlnO, a RAE, C0/~ ME RCfAL'' PATE IN THIS ro • o n lorida verballm rratad of all ppro- SUBJECT TO c RTAIN py U: ARE Mrs' I y..~ ceetllnps, Includln0 teeflmo• USEE ANOp 0 H R RE- pp,, f ~ COST r~. ny and evidence, rnaY be STRfCTION PURSUANT pj THE J'ROVI• bps n y ~p rbller Seoq raVUlred. Such record is not TO SECTI N 10-71((e)• st I•ER.TAIN AS• ~ 1S ~ p 2~ provided by RCID. PROVIppIN FOR THE' o PLEAS CON• ~EPEAL 0 PRIOR IN- URT AD INIS• 00 TTTTTT C AT 125 NORTH 9ERB0NR WITH DISANILIflEB NSIS EN ORDINAN An AVENUE SUITE NOTICE IS FIBER 9y G needing ossisYYlanceRO pot- AND RESOLUTIONS In9AND0, FL 32801. EN thpf NEPTU E fd~pd~ntyeslilwuldocon d An EFFECTIV IpA'TEND AfJ phUetEONE ffWIOZI 936• the holder of fhaNfloollo}wiatla vela Rao (107) 82&2211; /B . fhq YO R RECK~PT cerflfkcie fa csTAX DEED hours In advance of the ON,~~SpAY JUNE._62001 I~ E mwtinD. 7 FJIiYEELRNO0I111NT0NBN `DOCUMENT; IF to be Issuued thereon. The EII TN so~OREVOINE IM• vecriofcffiuanCebiheoed IT: AN MO CLEW( S Col C d ~~~~~~ ~ CALL 1.800-~55• scriptlon of the property NRiA~~IIBTRICT ~ THE ~ M 0 this 21 dov of April,w~awss tcisessed are chic off COR728759 S/J2A18 WNIiFR LOIIIDA c IvplA GARDNER CEAnj{W~ M~Agk tp2 pp TM ppro o»d ordinanus lerk of the Court YEAR RF fSSUANCE: 200.5 NOTI ORK NOF may W Pnswcted by Inter- N UR7 SEAL) OESCR PTION OF ROP- ppARMON NIMUINT eshd potties between B h Y: Kelly Grubbs ERTY: gRApSHAW AND DEIIEl0F11iRF ISiRICT a.m. and S p,m~n Monday ar ~puh' Clerk THOMPSONS AD TION . through FritloYY a} ihs oe TTO APOPKA C1T4~ /2S The re0uler meetinO of tM City's Clerk's Offrce, Iataf• LpTS bl S2 Sd i 57 i. gE 3D Board of 544grviwr of fM ed at 1126.E4Qst State Rood ~~ 0, 15, 72. 2005 fT OF VAC Rp ON W 8LK Harmony Gummun~ty De• 131, Winter Spr1n s, Flori• t. IR I o R A PARCEL ID a 0941-21• vv~elopment Dlstrkt IsscMd- do. For more Inrormatlon FOR RANG x'01510 uled to be Mld on s, call (107 327-1 8227. Per• F ORIDA Name In v~Alch ossessed: Met 21 2111 sl 0:00 s w. ~ eons wif~ dlsabllitles need- ~; WpA.~•~•~ FIRST Af~T~OC,~{ MI)SSION• bu Def workshop w171 be Ina ~ouistanceMmrticlpafe ~ ARY R6 rt ru let., Dove, narmonr. FI0/IaO. /07) 327.1E00r Ektenslon cordlnYY td~ Ipw~ ~~ prr0ppsr Both meetings are ppen fo ~' This Is a public hear- (~ described In sucA certirlCa rM public and will be n0• Lf You deelQe to, oppeal C 0 D• well be mid To the hlDhe coot qnY recommendation d/ eci• E N I: bidder at fM Troinlnp F gutted in oecadansa rylth tidn'nlatlee by the Locol ~ cility locoted at 2010 Ea the vrovislona of Florida Planhinp Apenc with re• EE (_~~ oA; Mkhippn Street, oOrland Law for CCommunih Devel• sped t any matter tonsid• B BUR- FIor166 on Jun-19.2008 • opment Dlstrkfs. Cople3 0l ered aT this Jnatlne, 'You .3 F 10:pp a m 1M agendas for iMse-meet- will -need a record at the Oated:•Apr• 1-~~pppp9e Ines may be obtained from y aceedines, and for such ~' T Martha p ~aynle, CPA Severn ~rtnt Servlc9a, 210 purposes You may need to aunty Compiroler North Un versify Drive, ensure That a vet fim re- AL ~ ranYe CCounfy~ Iorido `cults 800, Coral SP~in4s, cord of the proceedinOS Is C M 8 BY• Christie Wlllls lorida 33071, (951),7515611. made uaon which the op- D~RY L • ~DUty CampfrollOr peal is based. Jnteresfed AT CONO NIUM (Chun v Comptroller Sea0 There may ba occasions parties are atlvleed that t INC„ antl any OL569BB31 IvMn One ar n'qr~ Supervl- hey may oF~ear at the C airs, devisees, ~' 8, 9 , 22, 2008 son will partlclpa a DY tele- meetinY Doti De hoard with editors, and ofh- phone. AI iM above Iota- rgspett to the proposed or• persons or un• AFFL1C~Tp EEp tlon 1Mre will bs pnsenl o dlnanca. ses clolminp by N TO ICE I$ H RR ggY GIB speaker lelep~7one so that d under any o~ EN that NEP U E 1 LU env Ingrest ppeerson can SLS726771 S/J7A18 I nomad Delend• the holder of he PoIIpwin. attend the meelin9 at the t certificate hot tll~Qd sph otwve location Dotid tx fully certiflcafe for TAX OF.E ,informed of fM discussions r fo be Issued hereon. TTTAi rbklne place, aI1Mr in per- '. ~ ` OF ACTION ' Cerflficate number and son or by tAephon~ commu• i G a nicaflons. T Ih s workshop pI F TTTH NIN7H1,IUCpOUTALT. AT S FINAN• iciioflon osl thi oroperfe may b~ continued to a date CIRCU~ IN AND FOCR OR- ~ICE~ INC. and ftp names In which I anG time attain to be ap- µ0E COi~N7Y~ ppLOpIDA LONfAL DRIVE was assessed era as•fob nouYnced of iM workshop.e CARE 160. N-CA-IT7-1 FL 34857 3g cial accrormnrniardpotbria otshis DMRpN. 11 NWN ADDRESS E~pF IMSS~(~AHCE; mee~nq because of o d~sa- ~~~~~D~~~T• dURRENT REST- ooESSGRIPTION ~p vR~p: bllit r phys{cal Impatr• REPO LIYINO KNOWN ERTY: PEACH LAK men uld Contact Severn ~ A~OIID I MANOR UNIT / 7(/136 LO TrOent Services, 210 Narfh DATED A RIL 11 2006. ANd mwn halo de- 273 OR 86P 50 9 Il$ ON niverslfY Drive, SsIIts 8a0 N• R~M~~ teas, vsd~tors 07.02.96 INST QC OR BLP Coral SprinOS Flor tip PIaI~fiHs, ~ krawn persons S8/)//629 ON 11.17.99 INST 33011, (951) 7S}S~II ot.~laost spouses clolm• WD PARCEL 10I 0B•22.2W WY eY1MTKf Ilr• KfKe 11O11~nnA .,,nA~. l]{1Jr1Tn V Z d' YA a w W to Z M U ~ = o LL ~ ~ C V • H V N Z C ^0 1= ~ ~ ~ 0 N N ~. _ Z ~ c n C N :. U ~ > U l/1 U Q (n ~ r r O O ~ ~~~ >< ~ O O N m a~ ~ Z ~ 1= ~ ~'- ~ L 'p rn N p Q ~ fD f.) .~ "~ O N N O W I/ O /~~ 4V aii C. Prodxt. oW PuDOeM'. 0eOme0a taw: t1O1 Edllon: W Pay: Om Uew: s10se0e• TM: OeDODWa ® Cob:0 OH,wd•4mrl,rd u m1URSDAY, AUGUST 2t ]eoe H3 GENERAL DENTISTRY $A~E s5~ (~ Handyman ~ V CONNECT ION. a I Oa Any Work t arwstWe+rcow hMa.GWlaNtxt ~- i Over SZSD.00 i RuldwtlAl 9•rvleu~ ®1iTn~YrtlAlT 1 n Rw,..mk • 9.a'• R.,, .~,k I - ~~~t---a , w,,.~, e ,Y. ew~nu,u 1 ' .., - ~ • N~.xn Il~anb • Wi,+ . S~.nvi-ucWl~cMx . V ,in~ ..,~ d l C l S A ,,,x. ar n ~. e •rv c•e ommrt 4i. ,~.. Tr..lmt ., x. L WE1A't'S HAPPBNINC FPOM PAGE Nt days, Sept 40ct.23;4nemrtiawl N.Hsml ClubNM,Lagwood.The Houxdpancakes, l7NNaya Sem4deCounry Pubic Library woodsRYd,akdo.Ovkdorwn- syrtem,InaidmYenlpmwlMtne mavenwa presmt5peechmlta SmaN Butiness DevebpmentCmta progrxn[o develop p,Aslc speak- rSemklok CsvrrnuNry Colege, i^9 sklls to canmunkatt mare wd oeer the sem4w'Start Yaur eNMivdyat war4 and at home. Businesi which covers Cheer fleglshation requlred.575.407-272- fM[idlsdnaninga :map business 9283. In Seminok County. Advane regir 5ehboedrsg:]A Pm. Wedner tralion required. Frx.907E66 ays. Sept 171kt 275em'esak 1503. com„wdryealegetaowedon Festival;Shows e1Ye, sanfore.rne swMnde power Squadron wYl oMen safcbeat rg MtlgMe teal show gam-3 losshekmenurysxmanM p, pm. ASg. 70; MaIWnd CMc Center navigation charts. fire prmmtbn. 641 S. Ma46M Ave, Ab JaM. The bxc mvgatwn and rvks. An Mid-W,9 Tad Calknon ASSOds addtiandr«mrmatedabhwr nonardnwMaalandHnod[al abkrothe SerMnde Power Squad- Saierywa stagean antique tad on as the Post Mss. 51070. /0]- M and sak. mere wll be dis- 70&2UT plays anddemonstratbnsoftods i Lib anemad4nenfromlMSrot91o, rar es mwe wa dro be tables f a wrnw smell-wdn.faxminenb7.3o :emrgrodlwerganngNetnds pm.AUg. 28; north bransh dthe aM reWted tams. Proceeds wit Seminde County Pudk Libary, 150 berteflt the Watetlwuse Carpentry N. Pdmettc Aw.Sanlard. The Shop Museum, whkh was bdh $emimkCwmy public Ubary about 189/by Maaland settler and System,ln aldntvmnre wnh the bu6der yAlkmH Wa[erh0use. me Smal BUSinxs DevelopmentCmlw museum is on Me National Regirtw at Semxtde COmmunlry Calege, dHwtaR Place 52.407-365-9666. wudrerMesemkwrstanrea, Budnesi which coven the er Youth untialsd sbmnga smaN business Erwdx prognm:b]pm. n Semir,ok [ounry.Advance regir Fridays, Aug. 19.Oa 21;Makknd trrtkn required. Free.107d65- Civk Cenler.611 S. Maitland Ave- 1503. Malnand. The lUds HoapOub,a SmalFbudrwxFxnlnar 67:30 fitness program for kds that usesa pm. Sept R west branch d the Seminde COUnryPUb4c Ubary, 215 PErwse see HAPPENING, H6 W~i W 1 1 "We're Always Farm Fresh" D•IN•ry By rh• Pollet ar i ckload All VarN1NS Avollabb Iu~Tjol~e,,ra~„t„6 ~~ s tie ~orlj '~ 'FREE Mnelldien by PeIMt « In i ~ ' d•IIr•ry of Z laad.h x rmro ~ Toles lawn A•noMiana ..sls.nawwvrw,M smaL lawn Ewln•vno/os ~ J A.pain . ~,. y. FREE ESTIMATES 407-291-6883 THE S~JZU ~ . ~~~~i ~ '~' `}a i'bY tl~ ild1~ iNlNgt~M Ypfilll~ s 1 ~~ r Piwao96 ~sxiYxAvl~tPcel~,PfTV FoF bsJor~3ttfop ~~ettl2lasr. , elysR.aaaxr3dn{lalpi WT 4Q7-6~&'SZ24 ~ 14fAt`!I'3,AAit ~Ii0k QENMp s70 NMP,Ji E%IMOOON NNOIE Roort OELUIE OENTUPE (FA) o x110 COMPLETE aSt to OP 1 SUPEROR OENNRE IEAI •~D 05 20 COMPlE~e6t to OR ' ~x~ caan6lt~cEBAIF~ POflOEWNTO TAL m7st a61N 760 '645 -..w.......w -.w..mw.• THE GREATER MALL loo SEMORAN DEEP AGEE tit raaM[ DR . E. MW.136 M 37P4H21 w 37g37~1® CASSELBERRY ( n ( 11 GET TUNED UP FOR SCHOOL AT ~ 1i~ ~.. ~~ Band Instrument ,y ~ , ~,:...- ~.~I Rentals & Sales CprttrClrtiM.- ~ (Nrdmonlhhxonlhonrehtds) ' ~~ • Atteffenaf ~ d ~' ~ • Repairs SEAGULL ` • Larson: ..GUITARS ~' 407.302.3166 ,' j 111 E Flnt St. Sanlord, FL OMF PLAY IN OUP vvnarloe smnn, iM.t ~~ ~' i;, ~m ~l ~,~ : , ~? i» •r==~ ' wwwliendymehedmx6t .nFxsEe.IrAwm. ea4pEp ~.;dwnanwa r, ~ ~ ~ ~ ~ ttt' 1 ~ I I I I I I We Wan! 10 Seniors WNa Nave Di~culN Nearing, ' Es/kciaUv in Ndiry Situations, !0 7~ry New Digiral, ' Direclipnp! MicrnpAone Nearing Aids, RLSK-FREE We wit perform Comprehenuve Heanrg Sueenirga AT NO CHARGE fa the first 30 cell t delormine ' it you are a candidate for empl~ficat on. Applicant Mal e selected vnl Ee asked to wear th let t heanrg acid IeUTnobgy. You swl Oe slowed M hear al the ' Mings you maY be mbeing. Perddpants was wish m ' keep Me InsWmenU can do so el a bemen0oue cavingc. This otter n Aood al time al appointment oMy so eel now. ' Candldetes Will Be SNected By o~gzooe ' THOSE NRERESTED NEED TO CALL FORAN APPOINIYENT L . . . . . NOTICE OF CHANGES TO THE ZONING MAP CITY OF WINTER SPRINGS NO ME CIITY OF WINTER SPRINGS PRO O E5NTO1A0O TOF GET FR IN 10 MINlRES f Tl O O I ' Lose Weighs • Decrease Cellulite • Tune Up ORDINANCE 200411 AN ORDINANCE OF THE CfTV COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 0.01 ACRES MORE OR LESS, GENEMLLY LOCATED ADJACENT TO STATE ROAD /1g AND ON THE EAST AND WEST SIDE OF WADE STREET AND MORE PARTICULARLY DEPICIE0 AND LEGALLY DESCRIBED ON EXHIBR 'A' ATTACHED HERETO, FROM'C-1 NEIGHBORHOOD COMMERCIAL' TO'C- 2 GENERAL COMMERCIAL° SUBJECT TO CERTAN USE AND OTHER RESTPICTIONS PURSUANT TO SECTION 20.311•): PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILTTV. AND AN EFFECTNE DATE. Location Map INTRODUCING Damon Tanton, MD Endocrinolapy, Diabetes, Metabolism -. I r b } f, w4~~ly r 1 99 « NowAcceplin~NewRttients MU,c MaJor kwt~lce ~Accept•q" Please ca11407-303-4855 ~1 Specializing In: e Weight Management-Obasny 8 Nttvition 0 Diabetes e Thyroid Diwrders -Thyroid line needle aspirotbns ^ Os[eoporosn-DXA scans interprourian M Hypothalamic and Pnu my diseases ^ Gkium and Parathyroid diwrden Profile: ® Fellowship in End I gy, Wifford Hall Medial Center L kland Air Force Base,Tem 0 Resldenq b Irate I M dcinaWngho Pa¢erson Med'cal Center Fairborn, Ohlo M Board Certified in Endocrinobgy. Diabaes, Mataboliwn and Internal Medicine Endocrinology and Metabolic Medicine 41X1 CalebrRd..n Place, Suite ISO c:elcbntinn, FL 34747 407-303-4855 PUBLIC NEARING FOR SECOND READING/ADOPTION WILL BE MELD ON MONOAV, SEPTEMBER a, 200e AT 5:16 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CRY HALL ' 11 M EAST STATE ROAD 401 ' WINTER SPRINGS, FLORIDA The prapoeed ordinance Ivey be obtained by inlweped perOm beMmn a a.m. eM 5 p.m.. Malay Mrough Fndey. cl Ms Crty's CIwk1 Omc•, looted at 1128 E. Sit 434, Winiw Spnnpa, Flaitle. For mo a inlarmanon, eep 1407) 327.1800 1227. Paeans wiM saaebi4aee needing evisWtc• M pertldpete in arty of Mma proceatlinpa should contact Me Empknee Hde4an• DperOnent Coad ntlor as boon In Wvmu W M• mee4ng at 1107) 327-1800 1238 Thk is a pubic hmrinp. lnixxled pv6m re atlwsad Met they may eppew at Me msetlng snd be hmN with raepact tc Ih• proposed ardinanca. M you lac d• to appwl any rxommendellon a tledalon made at MI• hmring, you well need • reeord W the praceetlngs, end for such purpoan, You may need to enauro IMI a vwmam record d Me proc••dinps is made, wh¢h recatl mcludm Ih• IeMUnmy and ewdence upm ' which the appal is Dab Florida StaNtes, Sacaon 288.0105). eomnelr3il ATTACHMENT E- Prepared by and Return to: Anthony A. Garganese, Esq. Winter Springs City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 CONSENT TO ZONING RESTRICTIONS THIS CONSENT TO ZONING RESTRICTIONS ("Consent") is executed this day of , 2008 byBARTHOLOMEW D. & CYNTHIA D. PHILLIPS ("Owners"), husband and wife, whose principle mailing address is 212 Morton Lane, Winter Springs, Florida, 32708. WITNESSETH: WHEREAS, Owners own the real property depicted and legally described in Composite Exhibit "A," attached hereto and fully incorporated herein by this reference ("the Property"); and WHEREAS, Owners submitted a request to the City of Winter Springs ("City") seeking to have the zoning designation on the Property changed from "C-1 Neighborhood Commercial" to "C-2 General Commercial;" and WHEREAS, pursuant to section 20-31(e) of the Winter Springs Code of Ordinances, the City, with the voluntary concurrence and consent of Owners, approved Owners' rezoning request subject to certain restrictions related to use; and NOW, THEREFORE, in consideration of the covenants contained herein, Owners hereby consent to the following: Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. Section 2. Consent to Zoning Restrictions. Pursuant to section 20-31(e) of the City Code, Owners hereby voluntarily acknowledge and agree to the terms and conditions of the zoning restrictions set forth in Winter Springs Ordinance 2008-11, adopted by the City Commission on September 8, 2008 and recorded on even date as this Consent. Section 3. City Clerk to Record. Upon execution, the Winter Springs City Clerk shall record this Consent with Ordinance 2008-11 at the office of the Seminole County Clerk of the Court. IN WITNESS WHEREOF, Bartholomew D. and Cynthia D. Phillips have hereunder set their hands the day and year first above written. Witnesses: Print Name: Address: Print Name: Address: Witnesses: Print Name: Address: Print Name: Address: STATE OF FLORIDA COUNTY OF SEMINOLE OWNERS: BARTHOLOMEW D. PHILLIPS CYNTHIA D. PHILLIPS The foregoing instrument was acknowledged before me this day of _ 2008, by Bartholomew D. Phillips, who is -personally known to me or as identification. provided CONSENT TO ZONING RESTRICTIONS Bartholomew D. & Cynthia D. Phillips Page 2 of 3 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 2008, by Cynthia D. Phillips, who is _ personally known to me or provided as identification. CONSENT TO ZONING RESTRICTIONS Bartholomew D. & Cynthia D. Phillips Page 3 of 3 ATTACHMENT F 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. Rests~ictio~zs 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, equipment, goods and materials, provided said storage occurs on real property located adj acent to a state collector road and within and adj acent 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 (b) A single warehouse building not to exceed 27,000 square feet andtwenty-five (25) feet in height, provided the warehouse building is located adj acent to a functional railroad line and used in conjunction, in whole or in Qart, with the storage of products that are unloaded from railroad lines for wholesale or retail sale. No outdoor storage of products and materials shall be permitted unless expressly authorized by City Code. Said warehouse shall be subject 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 ruf: 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 zo~iing 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 `~-~ 10 DI q p W ~r SUBJECT S ---_.. ~ AND`t,-~H7 Cp p "Ny SASE MENr 'ice.., ~...r.,,,,,,~-_._._ r• 117 ° ~.1 ~' C ---__ I'a~:_ i 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 I-1 ~ M~1 M-1 ••rfrrrrNrrrrlrrrrfrrrrrufrH/ "Thr {,~ t f*tfrrrr/~- rfY S u i.J1 II~[ / ~> ifNffffflf-If tff iY/fiftf/~ L~ ((\~/~l7J~f _____ ~~, _ , ~' - _-_ ,~ ~ ---,_~ R-3 ----~1~ ~ ~' YiI ~~[ C-1 =-~---- R-C 1 ~ c-2 A-1 s/3a 0 230 460 920 Feet Source: Seminole County GIS, City of Winter Springs, May 2008 N Proposed ZONING June 2008 0 230 460 920 Feet Source: Seminole County GIS, City of Winter Springs, May 2008 N