HomeMy WebLinkAbout2008 09 22 Public Hearings 504 First Reading Ordinance 2008-12 Rezoning 1900 DeLeon StreetCITY COMMISSION
ITEM 504
September 22, 2008
Meeting
Consent
Information
Public Hearin X
Re ular
MGR. /De t.
REQUEST: The Community Development Department -Planning Division requests that the City
Commission hold a Public Hearing for First Reading of Ordinance 2008-12, which rezones two (2)
parcels containing 28.9 gross acres, more or less, located at 1900 DeLeon Street (the southwest corner
of DeLeon St. and Howard Av.) from (Seminole County) "A-3 Agricultural" to (City of Winter
Springs) "R-C 1 Single Family Dwelling District" (min. lot size- 1 acre).
PURPOSE: To consider SJRWMD's Rezoning request to change the subject property from
(Seminole County) "A-3" (1 dwelling unit per 3 acres) to (Winter Springs) "R-C1" (min. 1 acre).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning
ordinances).
Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances).
Winter Springs Section 20-26. Intent and purpose.
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. (Standards for review)
Winter Springs Section 20-57. (Role of the Planning and Zoning Board)
Euclid v. Amber Realty Co. , 272 U.S. 365 (1926) (upholding the constitutionality ofthe principles of
zonin
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
Nov. 27, 2000- Annexation of Subject Property (Ordinance 2000-40). Seminole County and
the City of Oviedo formally objected to the annexation. Rezoning was never
adopted.
January 2005- Purchase of Property by SJRWMD from Tom Minter.
Sept. 10, 2007- Adoption of Ordinance 2007-06 changing the FLUM designation
from(Seminole County) Rural-3 to (Winter Springs) Public/Semi-Public.
September 22, 2008
PUBLIC HEARING AGENDA ITEM 504
Page 2 of 5
Aug. 11, 2008- Application received for Rezoning from (Seminole County) A-3 to (Winter
Springs) R-C 1.
Aug. 11, 2008- Conditional Use Application received requesting development of the property
as a stormwater management facility under the `R-C 1' zoning.
Aug. 14, 2008- Adjacent property owners within 150' notified by regular mail
Aug. 19, 2008- Staff review.
Aug. 21, 2008- Public Noticing in Orlando Sentinel of LPA Public Hearing
Sept. 3, 2008- P&Z held a Public Hearing and made recommendation to Adopt Ord. 2008-12
Sept. 4, 2008- BOA held a Public Hearing and made recommendation to Approve the
Conditional Use request
CONSIDERATIONS:
Applicant - St. Johns River Water Management District (SJRWMD); c/o/Regina Morse;
P.O. Box 1429; Palatka, FL 32178-1429; (386) 329-4311
Owner s - St. Johns River Water Management District (SJRWMD)
Location - 1900 DeLeon Street (south west corner of DeLeon and Howard)
Site Information The subject property currently has a (Seminole County) "A-3" Zoning. The
Applicant is requesting Rezoning to (City of Winter Springs )"R-C 1"(min. 1
acre) with a Conditional Use permit.
Parcel #s & Legal Descriptions-
03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E
660 FT & S 564.64 FT OF W 659.60 FT & RDS)
03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF
NW 1/4
Total Acreage - 28.9 gross acres more or less
Chronology of Subject Property -The subject property was purchased by the SJRWMD in January
2005, from William Thomas Minter, who owned the property when it was annexed into the City.
Existing Land Uses -The property is currently vacant, but was purchased by SJRWMD to develop a
stormwater park to reduce nutrient loading to Lake Jesup and to reduce flooding in the area associated
with the Solary Canal. This project is described under "Stormwater Management".
General Location -The site is located at the southwest corner of DeLeon Street and Howard St.
Adjacent existin land uses, zonin and FLUM desi nations include the followin
Subject Generally Undeveloped A-3 Agriculture (SC) in Public/Semi-Public (WS)
Sites Winter Springs
North Generally Undeveloped A-3 (SC) Rural-3 (SC)
South Ornamental Nursery R-C1 (WS) Rural Residential (WS)
Stock Production /Single
Famil~esidential ___
East Single Family A-3 (SC) Rural-3 (SC)
Residential /A 'culture
West Single Family Residential R 1 (WS) Low Density Residential (WS)
(WS) Winter Springs; (SC) Seminole County;
September 22, 2008
PUBLIC HEARING AGENDA ITEM 504
Page 3 of 5
Development Trends - No new development is occurring in the vicinity of the subject property.
Adjacent properties to the north and east are within the Seminole County Urban/Rural Service
Boundary and are part of the area generally referred to as the "Black Hammock".
Letters/Phone Calls In Favor Or Opposition -Several phone calls were received requesting
information.
REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
(1) Compliance with Procedural Requirements- The proposed Rezoning change is incompliance with
all procedural requirements established by the city code and law; Requirements for advertising the
land use action have been met;
(2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the
city's comprehensive plan and the proposed change will not have an adverse effect on the
comprehensive plan;
SJRWMD purchased the property to develop a stormwater park to reduce nutrient loading to Lake
Jesup and to reduce flooding in the area associated with the Solary Canal. One of the objectives of
SJRWMD's Middle St. Johns River Basin Surface Water Improvement and Management Plan is to
improve the water quality in the Lake Jesup Basin through retrofit projects. The Rezoning is also
consistent with the goals, objectives and policies of the State Comprehensive Plan and the East
Central Florida Regional Policy Plan, identified below:
187.201 State Comprehensive Plan
(7) WATER RESOURCES
(a) Goal.-Florida shall...maintainthe functions of natural systems and the overall present level of
surface and ground water quality. Florida shall improve and restore the quality of waters not presently
meeting water quality standards.
(b) Policies.-
4. Protect and use natural water systems in lieu of structural alternatives and restore modified systems
12. Eliminate the discharge of inadequately treated...stormwatervunoff into waters of the state.
East Central Florida Regional Planning Council Strates~ic Res~ional Policy Plan
Water Resources
4.9.1.1 Land Use planning and development approval decisions affecting water resources should be
made in conformance with comprehensive water basin management plans. Area-wide water quality
management plans (208 studies), water management district groundwater basin resource inventories
made pursuant to s.373.095,FS), Surface Water Improvement and Management (SWIM) plans, or other
appropriate water management plans (including those for the Green Swamp, Kissimmee River and
Indian River lagoons) guidelines until comprehensive water basin management plans are available.
Studies of water resources that are either more site-specific or more resource-oriented (such as waste
load allocation studies) may supersede comprehensive basin management plans where appropriate.
Planning and development approval decisions that should conform may include:
1. Development of new public wastewater or stormwater facilities or improvement
of existing facilities;
4.36 Nonstructural methods of stormwater management that reduce generation and accumulation of
stormwater runoff contaminants shall be used. Nonstructural means of stormwater management include
activities such as pesticide and herbicide control, proper fertilizer management, erosion control,
homeowner awareness of nonpoint source pollution, and property waste disposal. In addition, natural
floodplain areas shall be used for filtration or naturally occurring runoff from adjacent lands.
September 22, 2008
PUBLIC HEARING AGENDA ITEM 504
Page 4 of 5
(3) Consistent with any Master Plan for the property- The Solary Canal Area Treatment Area
Project is part of SJRWMD's Middle St. Johns River Basin Surface Water Improvement and
Management (SWIM) Plan. The Solary Canal Project is part of the SWIM Plan to improve the
water quality in the Lake Jesup Basin through retrofit projects;
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-3 Agricultural" to Winter Springs "R-C 1 Single Family
Residential" is appropriate and compatible with the land use pattern established by the City's
comprehensive plan;
(5) Does Not Create Spot Zoning= The proposed Rezoning does not create a spot zone, which is
prohibited by law. The adjoining property to the south in Winter Springs has a "R-C 1" zoning;
(6) Does Not Materially Alter the Population Density Pattern- The proposed Rezoning change does not
materially alter the population density pattern in a manner that would overtax the load on public facilities and
services (schools, utilities, streets, and other municipal services and infrastructure) At such time as the site
develops, the proposed development will be required to meet concurrency standards, so that impact on public
facilities and services is accommodated;
(7) Does Not Create Illo ig tally Drawn Zoning District Boundaries- The proposed Rezoning does not
result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the
property and the surrounding area and the land use pattern established by the City's comprehensive plan;
(8) Changed Conditions Make the Proposed Rezoning Necessary- SJRWMD purchased the property
after it was annexed by the City of Winter Springs. The zoning changes to allow low density residential
proposed with the annexation request were not completed, which resulted in the property retaining a
Seminole County's zoning classification. This request aligns the zoning classification to the designation and
criteria of the City. The "R-C1 Single Family Residential" category is the most similar Winter Springs
designation to the property's current Seminole County "A-3 Agricultural" designation;
(9) No Serious Reduction in Light 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 Solary Canal Treatment Area project will
improve the quality of water discharging to Lake Jesup. The project will not be a detriment to the future
improvement or development of vacant adjacent property. The proposed zoning designation has been
determined by evaluating the prevailing character of the area around the subject property. The intent in the
zoning of the property is to apply a zoning classification for the subject property that is consistent and
compatible with the surrounding land uses;
(11) Not Detrimental to Future ImRrovement of Adjacent Vacant Property- The intent in the zoning of
the property is to apply a zoning classification for the subject property that is consistent and compatible with the
surrounding land uses;
(12) Does Not Constitutes a Special Privilege- The proposed rezoning does not constitute a grant of special
privilege to an individual owner as contrasted with the public welfare;
(13) Not out of Scale- The proposed rezoning is not out of scale or incompatible with the needs of the
neighborhood or the city, as the proposed rezoning, RC-1 is the least intensive zoning classification in
September 22, 2008
PUBLIC HEARING AGENDA ITEM 504
Page 5 of 5
Winter Springs and the proposed use of the site as a stormwater treatment facility is compatible with the
area, with the surrounding rural Black Hammock area; and
(14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any
applicable land use regulations adopted by the city.
FINDINGS:
In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included
in Section 20-31 were satisfied.
PLANNING & ZONING BOARD RECOMMENDATION:
At the September 3, 2008 regular meeting of the Planning & Zoning Board/LPA, the Board voted
unanimously 4-0 to recommend approval of Ordinance 2008-12.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2008-12, which changes the Zoning classification on the subject property at 1900 DeLeon Street from
"A-3"Agricultural (Seminole County) to "R-C 1 Single Family Residential" (City of Winter Springs).
ANTICIPATED IMPLEMENTATION SCHEDULE:
Sept. 22, 2008- Public Hearing for 15` Reading of Ordinance 2008-12, rezoning the property to
"R-C 1"
Oct. 13, 2008- Anticipated City Commission Public Hearing for 2"a Reading and Adoption.
Oct. 13, 2008- Anticipated City Commission Public Hearing and Adoption of Conditional Use
Permit Request for Public Facility.
ATTACHMENTS:
A- Application for Rezoning
B- Planning and Zoning Board Minutes from Sept. 3, 2008
C- Noticing
D- Current Zoning Map
E- Proposed Zoning Map
F- Ordinance 2008-12 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
APPLICATION FOR REZONING
APPLICANT: St. Johns River Water Management District (SJRWMD)
MAILING ADDRESS: C/O Regina Lovings Morse, P. O. Box 1429, Palatka, and Fl. 32178-1429
PHONE & EMAIL: (386) 329 4819 (rmorse@sjrwmd.com)
If Applicant does NOT own the property:
PROPERTY OWNER:
Last First Middle
MAILING ADDRESS:
city
PHONE & EMAIL
State
Zip Code
This request is for the property described below:
PROPERTY ADDRESS: 1900 De Leon Street, Oviedo 32765
TAX PARCEL NUMBER: 3-21-31-300-0080-0000 and 03-21-300-008E-0000
SIZE OF PARCEL: 28.9 Acres
EXISTING LAND USE: Public Land
CURRENT ZONING Classification :( Seminole County) Rural-3
REQUEST for a CHANGE to City of Winter Springs ZONING Classification: RC-1
Current FUTURE LAND USE Classification: (Winter Springs) Public/Semi-Public & Conservation
Overlay on those applicable areas
March 2005
The 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 final decisions
regarding rezonings and may impose reasonable conditions on any approved rezoning to the extent deemed
necessary 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 in the City's Code of Ordinances Chapter 20, Zoning and Chapter
166, Florida Statutes.
Generally, rezonings take two (2) to three (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 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 20-31. (See Attachment)
~ NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
~ Notarized AUTHORIZATION of the Owner,
I F 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 PROFESSIONAL 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, per Applicant
$ 500 $500
Plus $ 25/acre $725
(or portion thereof)
TOTAL DUE
$1225
Mazch 2(N)5
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
Swora to and subscribed before me this
day of August 2008_.
/ Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
Notary Public
My Commission expires:
} .,~ MY COMMt9SI0N A DD 54857E
t EXPIRES:AU~i~ 28, 2010
~awYd thY Nawr Plc u~d.riw.
•################i#4######~*#########################i####~#i##*#########*#i##i######•
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I,
do hereby with my notarized signature allow
The property is identified as: Tax Parcel Number(s)
to represent me in the Rezoning of my property.
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature of Owner(s)
Signature of Owner(s)
Swora to and subscribed before me this
day of 20
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
Notary Public
My Commission expires:
3
Much 2005
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Rezoning:
JUSTIFICATION FOR THE REZONING
Taken from Winter 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?
The proposed rezoning for the Solary Canal Area Treatment Proiect complies with the procedural
requirements established by the City of Winter Springs code and law.
^ Identify how the request is consistent with the objectives and policies of the
Comprehensive Plan including, but not limited to, the Future Land Use Map. Will the
proposed change have an adverse effect on the Comprehensive Plan?
SJRWMD purchase the property to develop a stormwater park to reduce nutrient loading to Lake
Jesup and to reduce flooding in the area associated with the Solaro Canal. One of the obiectives
of SJRWMD's Middle St. Johns River Basin Surface Water Improvement and Management Plan
is to improve the water quality in the Lake Jesup Basin through retrofit projects. Please refer to
the attached Proiect description for more information. Approval of the amendment is consistent
with the goals, obiectives and policies of the State Comprehensive Plan and the East Central
Florida Regional Policy Plan identified below.
187.201 State Comprehensive Plan
(7) WATER RESOURCES
(a) Goal.-Florida shall...maintain the functions of natural systems and the overall
present level of surface and ground water quality. Florida shall improve and restore
the quality of waters not presently meeting water quality standards.
(b) Policies.-
4. Protect and use natural water systems in lieu of structural alternatives and restore
modified systems
12. Eliminate the discharge of inadequately treated...stormwater runoff into waters of the
state.
East Central Florida Regional Planning Council Strategic Regional Policy Plan
Water Resources
4.9.1.1 Land Use planning and development approval decisions affecting water
resources should be made in conformance with comprehensive water basin
management plans. Area-wide water quality management plans (208 studies),
water management district groundwater basin resource inventories (made
pursuant to s.373.095,FS), Surface Water Improvement
and Management (SWIM) plans, or other appropriate
4
March 2005
water management plans (including those for the Green Swamp, Kissimmee
River and Indian River lagoons) guidelines until comprehensive water basin
management plans are available. Studies of water resources that are either
more site-specific or more resource-oriented (such as waste load allocation
studies) may supersede comprehensive basin management plans where
appropriate. Planning and development approval decisions that should conform
may include:
1. Development of new public wastewater or stormwater facilities or improvement
of existing facilities;
4.36 Nonstructural methods of stormwater management that reduce generation and
accumulation of stormwater runoff contaminants shall be used. Nonstructural means
of stormwater management include activities such as pesticide and herbicide control,
proper fertilizer management, erosion control, homeowner awareness of nonpoint
source pollution, and property waste disposal. In addition, natural floodplain areas
shall be used for filtration or naturally occurring runoff from adjacent lands.
^ Is the proposed rezoning consistent with any master plan applicable to the property.
The Solaro Canal Area Treatment Area Project is part of SJRWMD's Middle St. Johns River
Basin Surface Water Improvement and Management (SWIM) Plan. The Solarv Canal Proiect is
part of the SWIM Plan to improve the water quality in the Lake Jesup Basin through retrofit
projects.
^ Is the proposed rezoning contrary to the land use pattern established by the City's
Comprehensive Plan?
The proposed RC-1 zoning for the Solarv Canal Area Treatment Area Proiect is the same zoning
as the property south of the project parcel. Therefore, the rezoning is aligned with an adjacent
parcel under the land use pattern established by the City of Winter Springs Comprehensive Plan.
March 2005
^ Substantiate how the proposed rezoning will not create a spot zone (prohibited by
law).
The proposed zoning RC-1 will not create a spot zone or preferential zone for the Solarv Canal
Area Treatment Project. The proposed zoning exists currently for the parcel south of the Solarv
arcel.
^ Does the proposed rezoning 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?
There should be no impact to the population density pattern, public facilities and services
associated with this rezoning application, because the Property will be develops as a stormwater
park.
^ 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?
The proposed rezoning to RC-1 does not result in existing 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 of Winter Springs Comprehensive Plan. The Future Land Use and Zoning
are compatible with the property south of the parcel.
^ Do changed or changing conditions make the proposed rezoning necessary?
This request is for the City of Winter Spring's appropriate zoning classification for property owned
by a Government entity. SJRWMD purchased the property after it was annexed by the Citv of
Winter Springs. The future land use and zoning changes to allow low density residential
proposed with eh annexation request were not completed, which resulted in the property retaining
Seminole County's future land use and zoning classifications. This request aligns the zoning
classification to the designation and criteria of the Citv.
^ Will the proposed rezoning seriously reduce light or air to adjacent areas?
No the proposed rezoning does not affect light or air adjacent to the Proiect area.
^ 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?
Yes. SJRWMD fully understands there may be a need to demonstrate that the proposed
rezoning would not adversely affect property values in the area. This Proiect will enhance
Mazch 2.005
the quality of life the therefore property values in the surrounding area.
^ Describe how the proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adjacent property.
The Solary Canal Treatment Area proiect will improve the guality of water discharging to Lake
Jesup and provide passive recreation to the area. The proiect will not be a detriment to the future
improvement or development of vacant adiacent property.
^ Describe how the proposed rezoning does not constitute a grant of special privilege
to an individual owner as contrasted with the public welfare?
Since an adiacent parcel is the same as the proposed rezoning for the Solary Canal Treatment
Area Project is the same no special privilege has been granted. This proiect will improve the
public welfare of area residence with walking trails at the site.
^ Explain how the proposed rezoning is in scale or compatible with the needs of the
neighborhood or the City.
The proposed rezoning, RC-1 is the least intensive zoning classification in Winter Springs. The
proiect parcel is very compatible with the area, which is surrounded by the Black Hammock area.
Black Hammock is considered very rural.
^ Does the proposed rezoning violate any of the City's applicable land use
regulations?
The proposed rezoning classification for the Solary Canal Treatment Area Proiect does not
violate the Citv of Winter Springs land use regulations. The proiect is compatible with the
Public/Semi- Public land use classification.
Mph ~cx~s
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DESCRIPTI^N~ B^UNDARY SURVEY
PARCEL 1;
The NW 1/4 of the NW i/4 of Section 3, Townshlp 21 South, Rnnge 31 East,
SeMlnole County, Florida, less the South 340 feet of the East 660 feet
thereof and less the South 564,64 feet of the West 659.60 feet thereof
and less rood right-of-way.
PARCEL 2~
The South 564.64 feet of the West 659.60 feet of the following property
The NW 1/4 of the NW 1/4 of Section 3, Townshlp 21 South, Rnnge 31 Enst,
SeMlnole County, Florida, less the South 340 feet of the East 660 feet
thereof and right-of-wny of record.
NOTES: Not valid without the signature and the original raised seal o! a Florida licensed surveyor and mapper.
SCAT.F• 1' = 200' JOB N0: 048468 I HEREBY CERTi1rY, to tha parties hated hereon, that
thL drnwln• rapreeenta a eurvey, mode by me or my
repreeeatntivee, in nooerdsnoe with the information
FILE: S 3, T 21 S, R 31 E DATE: NOVEMBER 17, 2004 supplied to ma, by said parties, without benellt of a
ti s eeereh ualeu they ao ^uonlled. and meeia the
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -SEPTEMBER 3, 2008
PAGE 3 OF 5
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department -Planning Division
Requests That The Planning And Zoning Board/Local Planning Agency Hold A
Public Hearing For Ordinance 2008-12, Which Rezones Two (2) Parcels Containing
28.9 Gross Acres, More Or Less, Located At 1900 DeLeon Street (The Southwest
Corner Of DeLeon Street And Howard Avenue) From (Seminole County) "A-3
Agricultural" To (City Of Winter Springs) "R-C1 Single Family Dwelling District"
(Minimum Lot Size-1 Acre).
Ms. Sahlstrom presented this Agenda Item and displayed the Zoning Map to the Board
Members. Ms. Sahlstrom added, "Staff has reviewed that Criteria and does believe that
this Request does meet or satisfy those standards and -the Findings are that the fourteen
(14) Criteria have been satisfied and Staff does recommend that the Board make a
recommendation of Adoption to the City Commission to change the Zoning to RC-1
Single Family Residential."
Chairman Heatwole opened the "Public Input" of this Agenda Item.
Mr. Edwin Riday, 1626 Wrentham Court, Winter Springs, Florida: addressed the Board
Members and spoke about the ponds and flooding in Barrington Estates.
Chairman Heatwole closed the "Public Input" of this Agenda Item.
Mr. Brian Fields, P.E., Engineer, Public Works Department spoke briefly on this issue.
"I WOULD LIKE TO RECOMMEND APPROVAL OF [AGENDA] ITEM `500'
ON THE AGENDA." MOTION BY BOARD MEMBER POE. SECONDED BY
BOARD MEMBER KARR. DISCUSSION.
VOTE;
BOARD MEMBER KARR: AYE
VICE CHAIRMAN LACEY: AYE
BOARD MEMBER POE: AYE
CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
ATTACHMENT C
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ATTACHMENT D
Existing ZONING
A-10 A-3
HOWARD
LEGEND
~ c-1(ws) Subject
R-c1(ws> Property
R-1A(WS)
A-3 (WS)
A-3 (SC) A-3
R-1AA(SC) CONSV
A-1 (SC) ~
A-10 (SC) 0
crv (sc) R-C 1 W
0
A (OV)
R-1 (OV)
R-1 A (OV)
A
A-10 R
S.R. 434
C-N
A-1
R-1
0 370 740 1,480 Feet
Source: Seminole County GIS, City of Winter Springs, May 2008 N
ATTACHMENT E
Proposed ZONING
A-10 A-3
HOWARD
LEGEND
~ c-1(ws> Subject
Property
R-C1 (WS)
R-1A(WS)
A-3 (WS)
A-3 (SC) A-3
R-1AA(SC) CONSV
A-1 (SC) ~
A-10 (SC) o
' crv (sc> R-C1 W
0
A (OV)
R-1 (OV)
R-1A(OV)
A
A-10 R
S.R. 434
C-N
A-1
R-1
0 370 740 1,480 Feet
Source: Seminole County GIS, City of Winter Springs, May 2008 N
ATTACHMENT F
ORDINANCE 2008-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING TWO PARCELS TOTALING 28.9 GROSS
ACRES MORE OR LESS AND GENERALLY LOCATED AT
1900 DELEON STREET IN WINTER SPRINGS, FLORIDA,
AND MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
FROM SEMINOLE COUNTY "A-3" TO CITY OF WINTER
SPRINGS "R-C1SINGLE-FAMILY DWELLING DISTRICT";
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at their September 3, 2008 meeting; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation; hereby finds the requested change consistent with the
City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
City of Winter Springs
Ordinance No. 2008-12
Page 1 of 2
Winter Springs, as described in City of Winter Springs Code Section 20-102, is hereby amended to
include a change of classification from Seminole County "A-3" to City of Winter Springs "R-C1
Single-Family Dwelling District" for the properly legally described on Exhibit "A," which is
attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend
the Official Zoning Map upon the effective date of this Ordinance.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 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:
City of Winter Springs
Ordinance No. 2008-12
Page 2 of 2
EXHIBIT A
Ordinance 2008-12
Parcel #s & Leaal Descriptions:
03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31 E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT
& S 564.64 FT OF W 659.60 FT & RDS)
03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31 E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW
1/4