HomeMy WebLinkAbout2008 10 13 Public Hearings 500 Ordinance 2008-12 Rezones Two Parcels of DeLeon Street & Howard Avenue
CITY COMMISSION
October 13.2008
Meeting
Consent
Information
Public Hearin2 X
Re2ular
ITEM 500
MGR. P fDept!JfJ
REQUEST: The Community Development Department- Planning Division requests that the City
Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2008-12, which
rezones two (2) parcels containing 28.9 gross acres, more or less, located at 1900 DeLeon Street (the
southwest comer of DeLeon St. and Howard Av.) from (Seminole County) "A-3 Agricultural" to (City
of Winter Springs) "R-Cl 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-C 1" (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 Realtv Co. .272 U.S. 365 (1926) (upholding the constitutionality ofthe principles of
zoning).
Florida Municipal Home Rule Powers Act.
January 2005-
Sept. 10,2007-
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.
Purchase of Property by SJRWMD from Tom Minter.
Adoption of Ordinance 2007-06 changing the FLUM designation
from(Seminole County) Rural-3 to (Winter Springs) Public/Semi-Public.
October 13,2008
PUBLIC HEARING AGENDA ITEM 500
Page 2 of 5
CONSIDERA TIONS:
Applicant - St. Johns River Water Management District (SJRWMD); c/o/Regina Morse;
P.O. Box 1429; Palatka, FL 32178-1429; (386) 329-4311
St. Johns River Water Management District (SJRWMD)
1900 DeLeon Street (south west corner of DeLeon and Howard)
The subject property currently has a (Seminole County) "A-3" Zoning. The
Applicant is requesting Rezoning to (City of Winter Springs )"R-Cl"(min. 1
acre) with a Conditional Use permit.
Aug. 11, 2008-
Aug. 11, 2008-
Aug. 14,2008-
Aug. 19,2008-
Aug. 21, 2008-
Sept. 3, 2008-
Sept. 4, 2008-
Sept. 22, 2008-
Oct. 13, 2008-
Oct. 13, 2008-
Owner( s) -
Location -
Site Information
Application received for Rezoning from (Seminole County) A-3 to (Winter
Springs) R-Cl.
Conditional Use Application received requesting development ofthe property
as a stormwater management facility under the 'R-Cl' zoning.
Adjacent property owners within 150' notified by regular mail
Staffreview.
Public Noticing in Orlando Sentinel of LP A Public Hearing
P &Z held a Public Hearing and made recommendation to Adopt Ord. 2008-12
BOA held a Public Hearing and made recommendation to Approve the
Conditional Use request
Public Hearing for 1st Reading of Ordinance 2008-12
Public Hearing for 2nd Reading and Adoption.
Public Hearing for Adoption of Conditional Use Permit Request for Public
Facility.
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
Chronologv of Subiect Propertv - 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.
Ad'acent existin land uses, zonin and FLUM desi nations include the followin :
I
A-3 Agriculture (SC) in
Winter Springs
Generally Undeveloped
Ornamental Nursery
Stock Production! Single
f'~11li] YJ3._~.<!e_I1!Lal_________m__
Single Family A-3
Residential! A riculture
West Single Family Residential
(WS) Winter Springs; (SC) Seminole County;
East
A-3 (SC)
R-C] (WS)
(SC)
R-] (WS)
Low Density Residential (WS)
October 13,2008
PUBLIC HEARING AGENDA ITEM 500
Page 3 of 5
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 comer of DeLeon Street and Howard St.
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 in compliance with
all procedural requirements established by the city code and law; Requirements for advertising the
land use action have been met;
(2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the
city's comprehensive plan and the proposed change will not have an adverse effect on the
comprehensive plan;
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...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 Reaional Plannina Council Strateaic Reaional 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;
October 13, 2008
PUBLIC HEARING AGENDA ITEM 500
Page 4 of 5
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 non point source pollution, and property waste disposal. In addition, natural
floodplain areas shall be used for filtration or naturally occurring runoff from adjacent lands.
(3) Consistent with anv Master Plan for the propertv- The Solary Canal Area Treatment Area
Project is part ofSJRWMD's Middle S1. 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 bv the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-3 Agricultural" to Winter Springs "R-CI 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-CI" zoning;
(6) Does Not Materiallv 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 Illogicallv 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-Cl 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 Adiacent Areas- The proposed rezoning change will not
reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding Propertv 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 Improvement of Adiacent Vacant Propertv- 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;
October 13,2008
PUBLIC HEARING AGENDA ITEM 500
Page 5 of5
(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-l is the least intensive zoning classification in
Winter Springs and the proposed use of the site as a storrnwater 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/LP A, 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 Second Reading and Adoption
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).
ATTACHMENTS:
A- Application for Rezoning
B- Planning and Zoning Board Minutes from Sept. 3, 2008
C- Noticing in Orlando Sentinel
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:
MAILING ADDRESS:
PHONE & EMAIL:
St. Johns River Water Management District (SJRWMD)
C/O Regina Lovings Morse, P. O. Box 1429, Pal atka, and FI. 32178- 1429
(386) 329 48 I 9 (rmorse@sjrwmd.com)
PROPERTY OWNER:
If Applicant does NOT own the property:
MAILING ADDRESS:
PHONE & EMAIL
Last
First
Middle
City
State
Zip Code
This request is for the property described below:
PROPERTY ADDRESS: 1900 De Leon Street, Oviedo 32765
SIZE OF PARCEL:
TAX PARCEL NUMBER: 3-21-31-300-0080-0000 and 03-2l-300-008E-0000
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-l
Current FUTURE LAND USE Classification: (Winter Springs) Public/Semi-Public & Conservation
Overlay on those applicable areas
lvhrch 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:
if!A copy of the most recent SURVEY of the subject property with Metes and Bounds description.
if! A copy of the LEGAL DESCRIPTION.
if! 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
if!JUSTIFICA TION for the Request based on Code Section 20-31. (See Attachment)
if! NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
if! Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
if! APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTlFICA TION,
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
2
March ZOOS
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:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Rezoning:
K.irbVB.G:een~~ //c ~
Slgnatureo owne~
Sworn to and subscribed before me this
){A)..,
i i day of August 2008_.
d~~
Notary Public
My Commission expires:
v
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
MY COMMISSION. DD 546576
EXPIRES: Auausl29, 2010
_11lN~m~
......................................................................................
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I,
do hereby with my notarized signature allow
to represent me in the Rezoning of my property.
The property is identified as: Tax Parcel Number(s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature ofOwner(s)
Signature ofOwner(s)
Sworn to and subscribed before me this
day of 20_,
Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
3
Marcil XXJS
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:
o Is the proposed rezoning in compliance with all procedural requirements established
by City code and law?
The proposed rezoninQ for the Solary Canal Area Treatment Proiect complies with the procedural
requirements established bv the Citv of Winter SprinQs code and law.
o 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 propertv to develop a stormwater park to reduce nutrient 10adinQ to Lake
Jesup and to reduce f100dinQ in the area associated with the Solary Canal. One of the obiectives
of SJRWMD's Middle Sl. Johns River Basin Surface Water Improvement and ManaQement Plan
is to improve the water Qualitv in the Lake Jesup Basin throuQh retrofit proiects. Please refer to
the attached proiect description for more information. Approval of the amendment is consistent
with the Qoals. objectives and policies of the State Comprehensive Plan and the East Central
Florida ReQional Policv 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
i\farch 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 non point
source pollution, and property waste disposal. In addition, natural floodplain areas
shall be used for filtration or naturally occurring runoff from adjacent lands.
o Is the proposed rezoning consistent with any master plan applicable to the property.
The Solary Canal Area Treatment Area Proiect is part of SJRWMD's Middle Sl. Johns River
Basin Surface Water Improvement and Manaqement (SWIM) Plan. The Solary Canal Proiect is
part of the SWIM Plan to improve the water quality in the Lake Jesup Basin throuqh retrofit
proiects.
o Is the proposed rezoning contrary to the land use pattern established by the City's
Comprehensive Plan?
The proposed RC-1 zoninq for the Solary Canal Area Treatment Area Proiect is the same zoninq
as the property south of the proiect parcel. Therefore. the rezoninq is aliqned with an adjacent
parcel under the land use pattern established by the City of Winter Sprinqs Comprehensive Plan.
5
l'vlarch 200S
o Substantiate how the proposed rezoning will not create a spot zone (prohibited by
law).
The proposed zoninq RC-1 will not create a spot zone or preferential zone for the Solarv Canal
Area Treatment Proiect. The proposed zoninq exists currently for the parcel south of the Solarv
parcel.
o 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 rezoninq application. because the property will be develops as a stormwater
park.
o 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 rezoninq to RC-1 does not result in existinq boundaries that are illoqically drawn in
relation to existinq conditions on the propertv and the surroundinq area and the land use pattern
established bv the City of Winter Sprinqs Comprehensiye Plan. The Future Land Use and Zoninq
are compatible with the propertv south of the parcel.
o Do changed or changing conditions make the proposed rezoning necessary?
This request is for the City of Winter Sprinq's appropriate zoninq classification for property owned
bva qoyernment entity. SJRWMD purchased the property after it was annexed by the City of
Winter Sprinqs. The future land use and zoninq chanqes to allow low density residential
proposed with eh annexation request were not completed. which resulted in the property retaininq
Seminole County's future land use and zoninq classifications. This request aliqns the zoninq
classification to the desiqnation and criteria of the City.
o Will the proposed rezoning seriously reduce light or air to adjacent areas?
No the proposed rezoninq does not affect liqht or air adiacent to the proiect area.
o 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
rezoninq would not adyersely affect propertv
a need to demonstrate that the proposed
yalues in the area. This proiect will enhance
6
March 2005
the aualitv of life the therefore propertv values in the surroundina area.
o 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 aualitv of water discharqinq 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 propertv.
o 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 rezonina for the Solary Canal Treatment
Area Proiect is the same no special privileae has been aranted. This proiect will improve the
public welfare of area residence with walkina trails at the site.
o Explain how the proposed rezoning is in scale or compatible with the needs of the
neighborhood or the City.
The proposed rezonina. RC-1 is the least intensive zonina classification in Winter Sprinas. The
proiect parcel is very compatible with the area. which is surrounded bv the Black Hammock area.
Black Hammock is considered very rural.
o Does the proposed rezoning violate any of the City's applicable land use
regulations?
The proposed rezonina classification for the Solary Canal Treatment Area Proiect does not
violate the Citv of Winter Sprinas land use reaulations. The proiect is compatible with the
Public/Semi- Public land use classification.
7
March 2IJ05
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BOUNDARY SURVEY
200' JOB NO:
048468
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659.60'
The N'J 1/4 of the N'J 1/4 of Section 3, Township 21 South, Range 31 East,
SeMinole County, FLorida, Less the South 340 feet of the East 660 feet
thereof and less the South 564.64 feet of the 'Jest 659,60 feet thereof
and Less road right-of-way.
FILE: S 3, T 21 S, R 31 E DATE: NOVEMBER 17, 2004
FOR: ST. JOHNS RIVER 'JATER MANAGEMENT DlSTRICT
'JRIGHT, FULFORD, MOORHEAD So BRo'JN, P.A.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NE'J
JAMES ED'JARD MINTER, 'JILLlAM THOMAS MINTER and
SUSAN J. MINTER
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PARCEL 1:
PARCEL 2:
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The N'J 1/4 of the N'J 1/4 of Section 3, Township 21 South, Range 31 East,
SeMinole County, Florida, Less the South 340 feet of the Eust 660 feet
thereof nnd rlght-of-wa.y of record,
PHILLIP E. HAMPTON, PLS
"CONSULTING LAND SURVEYING SERVICES"
293 CRYSTAL CIRCLE, OVIEDO, FLORIDA. 32765
PHONE (407) 365-6091 FAX (407) 971-1931
SCALE: I"
NOTES: Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
YORK
I HEREBY CERTIFY, to tho po.rL1g llatod boroon. tho.t
=re~~::r::':~o~=,~~d~ab'1n~n:~~
.~pllod to ma. by .aid partie., without bcnal1t or tl
~~='''ST~~ .r6..r:~'VJ:~ 1nIne~t..s~~
~~' &-C:~~18r7 ~ ::rono':tt~ro.fd~~=
Cod.), &Dd I turlher CERTIF'l that I haft ao~u1t.ed thll
Fodoral E:l:naraeDOJ'" Yanalomont qllncy'. I'l.ood mauranoll
Rate w..p fur t.bJa &rea and found t.hD.t t.h1a property Hllw
in Flood Zone(.) AE 8. X.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 3, 2008
PAGE30F5
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
Requests That The Planning And Zoning BoardlLocal 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-l
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
Orlando Senllnel '
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alldprize"Regi,tration begin,
at 9 a_m. A mioimum donation
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drive,clo,e<l 10 the pin and
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J110 [SINGl.EROOT)
DELU.1l-: DENTURE lEA,) 07110 '110
COMPLETE051100A 1680 SJPfRIORDENMEIEAi
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POACELAlNTO B/ME1AL
02751 '645
TH~~~~~~~ DR. DEEP AGEE
E.HWY,436 (407)339-2442
CASSELBERRY (407)339-5734
Ill'.""
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NOTICE OF CHANGES TO I
THE ZONING MAP
CITY OF WI "ITER SPRINGS
NUrlCE IS IlEREIJ\' GIVI:N IIIATTlIE CITY COMMISSION
OF TIlE CITY OF WINTI'R SPRINGS PROPOSES TO ADOPT
ORDII\'A~CE lOllS-I!
AN ORDINANCE OF TIll- CITY COMMISSION OF TilE
CITY OF WINTEll SPRINCIS FLORIDA ClIANGINO THE
ZONING VlAP DFSIGNATION OF THE'REAL PROPERTY
CONSTI lUTING T\',u (2) PARO,LS TOTALJ"iG 28,9
ACRES, MORE Oil LESS, AND (;ENI,RALLY LOCATED AT
1900 DELEON STREET IN WI:>ITER SPRINGS, FLORIDA,
AND MORE PARTICULARLY DEPICfEIl AND LEGALLY
DESCRlBED ON I'XIIIIllT "A" AT1ACII1-:I) IIEIWlO,
FROM SEMINOLE COUNTY "A..1" TO ('lTY OF WINTER
sprnNGS "ll.CJ SINr,LE FA~llLY D\VELLlNG DISTRICT':
PROVlDlNG FOR TIlE REPEAL OF PRIOR, INCONSISTENT
ORDINANCES AND RESOLUTIONS, SFVElU\BIUTY, AND
AN EFFECTIVE I>ATI'
LocatiollMa
I'L'BLlC HEARING
FOR SECOND REAl>lNUiADOPI ION WILL BE IIELD ON
MONDAY, (J(:TOlln~ H, !O(JSAT~,H r,M
ClR snnN T1IEIlliArnm IN THE COMMISSION r:ll.~MRnIS
l,(ICAn:UAI-nJEWIN'IHI. SPRINGS CITY UAt.l.
ln~ EAST HATF,lInAIl~H
WI:"ITER SPRI:"GS, t'I.ORIOA
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" THURSDAY, Sff'lTMB[Rl5, lOO~ H7
I~Gutter
\!J Helmet
BRING THE fAMILY
...'....'
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, '. .'
, ",.'
. .
ill
. We also do Seamless Gutters, Soffit and Fascia
. Ask us about re-doing your pool cage, screen, and guttering
.12 Ml)nl~s Same as Cas~ (wit~ apprllved credn)
. Ucensed and Insured . All company employees; nosubconlraclols
Visit our website at: www.GutterHelmetFlorida.com
1-407-682-3939 OR 1-888-849-3939
~ or visit our showroom at: mm
= 865 Sunshine Ln. Ste. 105, A"amonte Springs, FL 32714 II
OVER 5 MILLION DOLLARS WORTH OF FLOORING
ALL AT LOW LOW WAREHOUSE>PRICINGI
TEXTURE OR BERBER
SUPER BUY
$.f t~T.
GfGf~T.
TI LE HANDSCRAPED
JUST ARRIVED
bii~T' ~3~~~l.
COMPARE AT $2_59 SQ.FT.
3 COLORS TO CHOOSE FROM
HARDWOOD
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.
Existing ZONING
A-10
LEGEND
~ C-1 (WS)
R-C1 (WS)
~ R-1A(WS)
A-3 (WS)
A-3 (SC)
~ R-1AA(SC)
A-1 (SC)
A-10 (SC)
.. CN (SC)
A (OV)
.. R-1 (OV)
.. R-1A(OV)
Subject
Property
R-C1
o
I
1 ,480 Feet
370
740
Source: Seminole County GIS, City of Winter Springs, May 2008
ATTACHMENT 0
A-3
A-3
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W
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ATTACHMENT E
Proposed ZONING
LEGEND
.. C-1 (WS)
R-C1 (WS)
.. R-1A(WS)
A-3 (WS)
A-3 (SC)
.. R-1AA(SC)
. A-1 (SC)
A-10 (SC)
.. CN (SC)
A (OV)
L -' R-1 (OV)
I I R-1A(OV)
\
A-10
A-3
Subject
Property
A-3
R-C1
...
III
Z
o
W
...J
W
C
A
o
370
740
I
1,480 Feet
~
N
Source: Seminole County GIS, City of Winter Springs, May 2008
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 P ARTICULARL Y DEPICTED AND LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
FROM SEMINOLE COUNTY "A-3" TO CITY OF WINTER
SPRINGS "R-C1 SINGLE-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
govemment 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 property 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 ofthe 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
I I
----------
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Parcel #s & Leqal 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 218 RGE 31E 8 564.64 FT OF W659.60 FT OF NW 1/4 OF NW
1/4
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-C1SINCLE-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 property 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 13th day of October, 2008. -
Jo F. Buoh, lYlayor
ATTEST:
A
I
Andr a Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of W' r Springs only:
Anthony A. Garganese, City Attorney
First Reading: 09/22/08
Second Reading: 10/13/08
Effective Date: 10/13/08
City of Winter Springs
Ordinance No. 2008-12
Page 2 of 2
EXHIBIT A
Ordinance 2008-12
x
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Subject
Pro erty
DEL N ST.
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Parcel #s 8 Leal Descriutions:
03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31E NW 114 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