HomeMy WebLinkAbout2008 10 13 Public Hearings 503 Ordinance 2008-19 Rezoning 7.06 Acres at 1072 West SR 434
CITY COMMISSION
ITEM 503
Consent
Information
Public Hearing X
Regular
October 13. 2008 /J7/l
Meeting MGR. //;/'// /Dept. ~e;r--
V
REQUEST: The Community Development Department - Planning Division requests that the City
Commission hold a Public Hearing for First Reading of Ordinance 2008-19 which rezones 7.06 acres
(more or less), located at 1072 West SR 434 (east of SR 417), from "A-I" Agricultural (Seminole
County) to "Greeneway Interchange District" (City of Winter Springs).
PURPOSE: To consider the request of Greeneway Professional Plaza LLC c/o Montje Plank on
behalf of East Coast Believers Church for Rezoning the recently annexed property at 1072 West SR
434 (east of SR 417).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions).
Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption).
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.
(The following fourteen (14) standards were added to the Code when Sections 20-10 1 and 20-102
were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire
chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which was
adopted on December 13,2004.
(a) Any real property owner may file a rezoning application requesting a change in zoning designation
for their real property.
(b) The planning and zoning board shall be required to review all rezoning applications and make a
written recommendation to the city commission. Such recommendation shall include thereasons
for the board's recommendation and show the board has considered the applicable rezoning
criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendations, the city commission shall
make a final decision on the application. Ifthe city commission determines that the planning and
zoning board has not made a recommendation on an application within a reasonable period of
time, the city commission may, at its discretion, consider an application without the planning and
zoning board's recommendation.
October 13, 2008
PUBLIC HEARING AGENDA ITEM 503
Page 2 of 5
(d) All rezoning applications shall be reviewed for compliance with the following standards:
1) The proposed rezoning change is in compliance with all procedural requirements established
by the city code and law;
2) The proposed rezoning change is consistent with the city's comprehensive plan including, but
not limited, to the Future Land Use Map and the proposed change would not have an adverse
effect on the comprehensive plan;
3) The proposed rezoning change is consistent with any master plan applicable to the property;
4) The proposed rezoning change is not contrary to the land use pattern established by the city's
comprehensive plan;
5) The proposed rezoning change would not create a spot zone prohibited by law.
6) The proposed rezoning change would not materially alter the population density pattern in a
manner that would overtax the load on public facilities and services such as schools, utilities,
streets, and other municipal services and infrastructure;
7) The proposed rezoning would not 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.
8) Changed or changing conditions make the proposed rezoning necessary.
9) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
10) Should the city be presented with competent substantial evidence indicating that property
values will be adversely affected by the proposed rezoning, the applicant must demonstrate
that the proposed rezoning change will not adversely affect property values in the surrounding
area;
11) The proposed rezoning will not be a substantial detriment to the future improvement of
development of vacant adjacent property;
12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as
contrasted with the public welfare;
13) The proposed rezoning change is not out of scale or incompatible with the needs of the
neighborhood or the city;
14) The proposed rezoning does not violate any applicable land use regulations adopted by the
city;
Winter Springs Section 20-57. The planning and zoning board shall serve... to recommend to the city
commission the boundaries of the various original zoning districts. .. and any amendments
thereto. .. act on measures affecting the present and future movement of traffic, the segregation of
residential and business districts and the convenience and safety of persons and property in any way
dependent on city planning and zoning.
Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholding the constitutionality of the principles of
zoning).
Florida Municipal Home Rule Powers Act.
Sept. 18.2008-
Sept. 22, 2008-
Oct. 7. 2008-
CHRONOLOGY:
Aug. 18.2008- Application received for Annexation and subsequent Future Land Use change
and Rezoning.
Public Noticing in Orlando Sentinel of LP A Public Hearing
Annexation of the subject property (Ordinance 2008-17)
P& Z Board heard the request and made recommendation of Adoption
October 13, 2008
PUBLIC HEARING AGENDA ITEM 503
Page 3 of 5
CONSIDERA TIONS:
Applicant - Greeneway Professional Plaza, LLC c/o Montje Plank, 500 N. Maitland Ave.,
Suite 110, Maitland, FL (407) 599-7009
Owner ~ East Coast Believers Church Inc., 555 SR 436 Suite 1002; Casselberry, FL
32707; (407) 774-3222
Parcel Number - 04-21-31-300-0060-0000
Acreage -
approx. 7.06 acres
General Location - Vacant property at 1 072 West SR 434 (east of SR 417)
Legal Description LEG SEe 04 TWP 21S RGE 31E NW 1/4 OF NE 1/4 OF SW 1/4 (LESS S 392.42 FT OF E
208.71 FT + W 147.58 FT OF E 356.29 FT OF S 152.58 FT & EXPRESSWAY ON S)
Chronology of Subiect Property - Annexed into Winter Springs on September 22,2008.
Existing Land Use - The property is currently vacant and vegetated, except for an area cleared in
2006.
A house was also demolished from the site in 2006.
The County Future Land Use designation is Commercial with Conservation Overlay. Adjacent
t I d d FLUM d . n f I d th D 110 in .
. . .
- - - -
Existing Land Uses Zoning FLUM
Subject
Site
Vacant
Requesting Greeneway
Interchange District
(WS) from A-I (SC)
Conservation (WS)
Greeneway Interchange
District (WS) and A-I
SC
Suburban Estates (SC)
Greeneway Interchange
District WS
._.__.__...._~.~_......._-----_._---_._.-
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
North
South
Vacant
Residence and
Hendricks Antiques
East
West
Vacant
Vacant
Requesting Greeneway Interchange
District with Conservation Overlay
(WS) from Commercial with
c:on~er\'<l!i()n..Qyerl<ly.(Sq
Conservation (WS)
Greeneway Interchange District (WS)
and Commercial (SC)
Commercial (SC)
_m._____n____..._.... _ _._ .... .__u
Greeneway Interchange District with
Conservation Overla WS
Development Trends - The current economy fosters an interest in commercial properties, such as the
subject property.
Proposed Future Land Use Classification - The proposed future land use map designation from
Seminole County "Commercial with Conservation Overlay" to Winter Springs "Greeneway
Interchange District with Conservation Overlay" is appropriate and compatible with the general
character of the area. All other properties in Winter Springs in this area have a future land use of
"Greeneway Interchange District".
Letters/Phone Calls In Favor Or Opposition - None.
REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
(I) 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;
October 13, 2008
PUBLIC HEARING AGENDA ITEM 503
Page 4 of 5
(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;
(3) Consistent with any Master Plan for the propertv- The property is not part of a Master Plan;
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-l Agricultural" to Winter Springs "Greeneway
Interchange District" 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 west and south (Winter Springs) is also designated
Greeneway Interchange District"
(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 Illogically 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- The Annexation of the property
into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter
Springs' Zoning Designation. The "Greeneway Interchange District" is the most appropriate
designation for the area around the SR 417 interchange.
(9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed rezoning change will not
seriously reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been
determined by evaluating the prevailing character ofthe 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 AdiacentV acant 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 change is not out of scale or incompatible with the
needs of the neighborhood or the city;
(14) Does Not Violate any City Land Use Regulations- The proposed Rezoning does not violate any
applicable land use regulations adopted by the city;
October 13, 2008
PUBLIC HEARING AGENDA ITEM 503
Page 5 of 5
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 October 7,2008 meeting of the Planning & Zoning Board (rescheduled from Oct. 1,2008), the
Board voted unanimously to recommend approval of Ordinance 2008-19.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2008-19, which rezones 7.06 acres (more or less), located at 1072 West SR 434 (east of SR 417),
from "A-I" Agricultural (Seminole County) to "Greeneway Interchange District" (City of Winter
Springs).
TENTATIVE IMPLEMENT A TION SCHEDULE:
October 13,2008- 1st Reading of Ordinance 2008-19
October 16,2008- Public Noticing in Orlando Sentinel (10 days prior to adoption)
October 27, 2008- 2nd Reading / Adoption of Ordinance 2008-19
ATTACHMENTS:
A- Application
B- Noticing in Orlando Sentinel
C- Ordinance 2008-19, including Map & Legal Description
D- Current Zoning Map, September 2008
E- Proposed Zoning Map, September 2008
F- Minutes of the P&Z Board (to be provided on Oct 13 at City Commission Meeting)
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 ANNEXATION
AND SUBSEQUENT
COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION
APPLICANT:
Greenway Professional Plaza, LLC c/o
Plank
L8st
Montie _~~ ____ S
First Middle
MAILING ADDRESS: 500 N Maitland Ave Suite 110
Maitland
City
PHONE: .107:~99-7009
FL
Slate
32751
Zip Code
If Applicant does NOT own the property:
PROPERTY OWNER: Church East Coast Believers. Inc
L8. ~~
MAILING ADDRESS:
PHONE:
Middle
555 SR 436 Suite 1002
Casselberry ~
City
407-774-3222
32707
Zip Code
FL
Slale
This request is for the property described below:
PROPERTY ADDRESS:
TAX PARCEL NUMBER:
SIZE OF PARCEL:
1072 SR 434 . Oviedo FL
04-21-31-300-0060-0000
Square Feet
7.062
Acres
Please state the reasons or justification for your Annexation, Comprehensive Plan Amendment (Future
Land Use Change), and Rezoning request: To oromote development upon the soecific site that is
consistent with the City Greenway Exoresswav land Use & Zoning designations
Current COUNTY FUTURE LAND USE Classification: Commercial
Request for a Change to CITY of Winter Springs FUTURE LAND USE Classification: Greenway
Interchange with Conservation overlay
If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive
Plan, set forth the proposed Amendment in detail and provide supporting documentation.
Current COUNTY ZONING Classification: A-I
Request for a Change to CITY of Winter Springs ZONING Classification:
Greenway Interchange
March 200S
ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS and REZONINGS are subject to the Approval of the
City Commission. Each action is only eflective when the Notice and Vote Requirements ofChapler 166 and 171,
Florida Statutes have been achieved.
COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each action is only
effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Department of
Community Affairs and are not effective until the Department of Community Affairs issues a "Notice oClntent" to find
the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida
Statutes. Unless otherwise provided by law, the Comprehensive Plan of the City of Winter Springs shall be amended
only twice pel' year in accordance with 163.3 I 87( I) F.S. and Winter Springs Code of Ordinances. Section 15-32 as
fnllnw~:
Aoo/icalion submil/al deadlines:
Spring- No later than 5:00 p.m. on the first Wednesday in February. The application(s) will be reviewed at a
meeting of the local planning agency to be held in April or a~ otherwise practicable.
Fall- No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of
the local planning agency to be held in October or as otherwise practicable.
SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of
consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.).
APPLICANTS are advised, that ifthey decide to appeal any decisions made at the meetings or hearings, with respect to
any malleI' considered at the meetings or hearings, they will need a record oflhe 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 286.0 I 05, Florida Statutes.
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION (Also include a
Ddf of the entire submittal Dackaael:
D A copy of the most recent SURVEY of the subject property with METES AND BOUNDS
DESCRIPTION.
D A copy of the LEGAL DESCRIPTION.
D 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
D JUSTIFICATION for the Request.
D NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
D Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
D 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.
ANNEXATION $ 500 $ 500_
PRE-ANNEXATION AGREEMENT (Optional) $ 1000 $
COMPREHENSIVE PLAN AMENDMENT .per Applicant $2!lJl.__
Small Scale (Generally \0 acres or fewer) $ 500
Large Scale (Generally More than 10acres; Text Amendments) $ 1000
REZONING per Applicant $ 500 $~
Plus $ 25/acre $ 200~
. Pursuant to Chaoter 163 Florida Statutes.
TOTAL DUE
'$ 1700
March 2(XIS
By submitting this application you hereby grant temporary right of entry for city officials to enter upon tbe subject
property for purposes of evaluating this application.
**.****************.**.**.......**.......**...........**..............................
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
wn n fee simple of subject lands described within this Application for
rehensive Plan Amendment and Rezoning Petition:
Signat
Sworn to and subscribed before me this
/2..I!:t day of Pc.Af5Uor 20~f;l.
Suoan l:J11ndflrJ
Notary Public
My Commission expires:
/" Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
..............................................
! SUSAN D. GORDON :
. \\\1"'""" Co .
: .'~' P";;", mm# DO, 0693386 :
. il}."Y2:. .
:' ;.j Expiro< (<J ~"11 :
= .~~ "t" " ~
h\l''-'' '1~. :-
.,,..\'
.........................***.....**.......**.......*......*********...........*..*****
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I, Norman Dubois. Pastor of Church East Coast Believers do hereby, with my notarized signature, allow
Greenway Professional Plaza, LLC
clo Montie Plank to represent me in the Annexation and
Subsequent Comprehensive Plan Amendment and Rezoning Petition of my property.
The property is identified as: Tax Parcel Number(s) 04-21-31-300-0060-0000
and as
Signatu
Sworn to and subscribed before me this
1<Sn1 day of Pu6u,or 20i28..
~D~
Notary Public
My Commission expires:
V Personally Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
:-.........5....................................
: USAN O. GORDON :
S . Comm# 000693386 S
i { Expires 8/10/2011 ~
:: -;';'",ffJ:i,\\~'" Florida f\Jcte"', A::..~.~1. :-
. I, ~ .'. ~~~e'l'J~ ''''.'.lll~t:f.l'~ ~ ,.. \
~'farch 2005
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?
Yes
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?
The proposed "Greenway Interchange District" request is consistent with the Land Use
entitled "Greenway Interchange"; the proposed use will enhance the area build out as being in
compliance with the plan
o Is the proposed rezoning consistent with any master plan applicable to the
property?
Yes
o Is the proposed rezoning contrary to the land use pattern established by the City's
Comprehensive Plan?
No
:\ ;_t~-~'h ~i;: ,',:i
o Substantiate how the proposed rezoning will not create a spot zone (prohibited by
law)
The proposed zoning of the subject property will provide compatible zoning and will allow usages
consistent with the surrounding usages.
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?
No
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?
No
o Do changed or changing conditions make the proposed rezoning necessary?
The rezoning is necessary in order to develope the property in accord with the City Comprehensive
Plan.
o Will the proposed rezoning seriously reduce light or air to adjacent areas?
No
I\Licch 2:)(6
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
o Describe how the proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adjacent property.
The proposed rezoninQ will enhance the future development of adjacent properly by brinQinQ in
commercial development that enhances adjacent build out of commercial enterprises.
o Describe how the proposed rezoning does not constitute a grant of special privilege
to an individual owner as contrasted with the public welfare?
The proposed rezoning is consistent with the City Future land Use Map intent for the unified
development of the area to be consistent with objectives for the promotion of the public welfare.
o Explain how the proposed rezoning is in scale or compatible with the needs of the
neighborhood or the City.
The rezoning is specifically as per the outlined needs and intent of the City, for this type
location next to the Greenway.
o Does the proposed rezoning violate any of the City's applicable land use
regulations?
No
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GREEN WAY PROFESSION..\L rLAZ.4
Annexation and Subscqueat ComprdIensive Plan Amendm.em
Rezoning Petition Application
('.a.tiP-DOW oroDertin wilhi. 150 rttt
LEGEND
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L.J"ND USE
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Commercial
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04-21-J l-J00-002A-OOOO
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SCAL& N.T.S.
ADJACENT PARCEL MAP
GREENWAY PROFESSIONAL PLAZA
WINTER SPRINGS, FLORIDA
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some. Persons wishing 10
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OLS834648-SEPT,2S
IS HEREBY GIV.
CABERNET I LLC
e . q er of the following
cerllflcote hellO tiled said
certlfl<;ote for a TAX DEED
to be Issued thereon
CQR939l1J.SEPT.25
VINtAM VAUJABLES.
State of Florida. Unless
such certificate sholt be reo
I NtS In which If deemed accordlnSl 10 low.
Tt!d ore as tal the property desa bed In
. such certltlcate will be sold
~~aEI nt1G 10 the highest bidder at the
'nSUANCE: 2006 Confenn,! Room, located
}N OF PROP at 109 E, Church Street, 4th
~pT1NGTON ON ~loori6. Orlando. Florida on
R~~ CB .4/l08 D~r!d: ~.~~j~OO a.m.
De' 15-23-29.3798- ~artra O. Havnle, CPA
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~~~.ogrroYra~~~~ (County Comptroller Seol)
Ida. Unless OLS8~.SEPT 1825
.shall ~a':: OCT..2,' . , .
CAlENDAR features: movie
listings; musf, re....iews.
COncert information;
arts and attractIons;
restaurant reviews and
much more. Inside the
FridavOrlanc\Q Sentinel.
ATTACHMENT B
-1
ATTACHMENT C
ORDINANCE 2008-19
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE PARCEL TOTALING 7.06 GROSS
ACRES, MORE OR LESS, AND GENERALLY LOCATED AT
1072 WEST STATE ROAD 434 IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM SEMINOLE COUNTY "A-I" TO CITY OF
WINTER SPRINGS "GREENEW A Y INTERCHANGE
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 October 7, 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 fmds 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. 2008-19
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-I" to City of Winter Springs
"Greeneway Interchange 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 S. Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2008-18 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2008-18 does not become effective,
then this Ordinance shall become null and void.
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. 2008-19
Page 2 of 2
EXHIBIT A
. ' "./- .:)<,':.:-.... .~ . '>><.<.'\, '>:~>~.; "-'~/'_",.><>'.;.:_->.<.::-< ,.' ~.
'^,. ':"., '.: '~:,~/>.~./>:?<;~.:.:<~<: :" :>-':_',~'__~._~_',< Y')<':'.'~~.< ~':"" f : '<' /. /,' "" ,"
".: ' " '.:,':::/W"" ~*,..i~C:D- ',:: i/'~.:'.< '. ", ,.>><:~<'/"
&,I~">I>'t.;;ft" "/-, , ':<, . . . '>.. ,.' ~>,/ >:'./""
,,:: '<":'>:S">iolR'/:':iN: "/i6'o'<> ,.. , ',', ',C,
.':-<"', ". /'," ,'", J . ,F ' ";J,r - u./~-",,""
" ..~....", ,,' .;..:...-._..,.>.:...__....~':..,...... ..... ":. -:"-.. :, ,",' " -'
',."
Legal Description:
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4,
TOWNSHIP 21 SOUTH, RANGE 31 EAST, (LESS THE SOUTH 392.42 FEET OF THE EAST 208,71
FEET AND THE WEST 147.58 FEET OF THE EAST 356.29 FEET OF THE SOUTH 152.58 FEET
THEREOF), SAID LAND BEING IN SEMINOLE COUNTY, FLORIDA, (LESS ROAD AND RAILROAD
RIGHTS OF WAYS), AND LESS THAT PORTION GIVEN TO STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS
BOOK 2295, PAGE 1835, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Metes and Bounds Description:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4;
THENCE RUN N.89051'53"E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION
4 A DISTANCE OF 1355.43 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN S.00034'27''E. ALONG THE EAST LINE OF
SAID NORTHWEST 1/4 A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. THENCE
LEAVING SAID EAST LINE RUN N.89051'53"E. 677.68 FEET; THENCE S.00030'59''E. 234.11 FEET;
THENCE S.89044'18"W. 208.71 FEET; THENCE S.00030'59''E. 239.84 FEET; THENCE S.89044'18'W.
147.58 FEET; THENCE S.00030'59''E. 130.87 FEET; THENCE N.83045'43"W. 323.05 FEET; THENCE
N.00034'27''W. 569.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 7.06 ACRES MORE OR LESS.
Existing ZONING ATTACHMENT 0
September 2008
GID
LEGEND
.. C-1 (WS) & (OV)
CJ PUD
CJGID
CJ A-1 (SC)
CJ R-1 (OV)
CONSV
GID
Subject
Property
A-1
o
365
730
1 ,460 Feel
~
N
Source: Seminole County GIS, City of Winter Springs, September 2008
ATTACHMENT E
Proposed ZONING
September 2008
GID
LEGEND
.. C-1 (WS) & (OV)
c::=J PUD
c::=J GID
c::=J A-1 (SC)
C:=J R-1 (OV)
CONSV
GID
Subject
Property
A-1
o
730
I
1 ,460 Feet
~
N
365
Source: Seminole County GIS, City of Winter Springs, September 2008
~
ATTACHMENT F
Minutes from the October 7, 2008
Planning & Zoning Board Meeting
(rescheduled from October 1, 2008)
will be provided on October 13
at City Commission Meeting
Date: October 13, 2008
The attached document was distributed by Ms.
Sahlstrom and was related to Public Hearings
Agenda Item "503", discussed at the October 13,
2008 City Commission Regular Meeting.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
OCTOBER 7, 2008
CALL TO ORDER
The Planning and Zoning Board/Local Planning Agency Regular Meeting of Tuesday,
October 7, 2008 was called to Order at 7:00 p.m. by Vice Chairman Charles Lacey 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, absent
Vice Chairman Charles Lacey, present
Board Member Rosanne Karr, present
Board Member Edward Martinez, present
Board Member William H. Poe, absent
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of The August 21, 2008 Regular Meeting Minutes.
"MOTION TO APPROVE -AUGUST 21, 2008." MOTION BY BOARD
MEMBER MARTINEZ. SECONDED BY BOARD MEMBER KARR.
DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
VICE CHAIRMAN LACEY: AYE
BOARD MEMBER MARTINEZ: AYE
MOTION CARRIED.
C[TY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -OCTOBER 7, 2008
(RESCHEDULED FROM OCTOBER I, 2008)
PAGE 2 OF 8
• • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM "201"
WAS DISCUSSED NEXT, AND LATER 1N THE MEETING, AS SHOWN ON
PAGE 7 OF THESE MINUTES. • :•
CONSENT
201. Office Of The City Clerk
Approval Of The September 3, 2008 Regular Meeting Minutes.
"I MOVE THAT WE APPROVE THE MINUTES FROM SEPTEMBER 3RD,
[2008]." MOTION BY BOARD MEMBER KARR. SECONDED BY VICE
CHAIRMAN LACEY." DISCUSSION.
BDARD MEMBER MARTINEZ STATED, "POINT OF ORDER" AND ADDED, "I
DO NOT THINK THERE ARE ENOUGH VOTES TO APPROVE. "
CHAIRMAN LACEY REMARKED, "ABSTENTIONS WERE NOT REALLY
PERMISSABLE UNLESS THERE WAS A DIRECT CONFLICT OF INTEREST."
DEPUTY CITY CLERK JOAN BROWN STATED, "CORRECT." CHAIRMAN
LACEY ADDED, "IN THE CASE OF MR. MARTINEZ, HE IS DESIRING NOT
TO VOTE BECAUSE HE WAS NOT PRESENT AT THE MEETING, SO HE
DOES NOT FEEL COMFORTABLE VOTING TO APPROVE THE MINUTES."
MOTION DID NOT CARRY.
CHAIRMAN LACEY STATED, "WE WILL TABLE THAT [AGENDA ITEM]
UNTIL THE NEXT MEETING."
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
Vice Chairman Lacey noted that he will not be in attendance at the Planning And Zoning
Board/Local Planning Agency Meetings on October 23'x, 2008 and November 5`h, 2008.
PUBLIC INPUT
No one spoke.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -OCTOBER 7, 2008
(RESCHEDULED FROM OCTOBER I, 2008)
PAGE 3 OF 8
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department -Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2008-18, Adopting A Small Scale FLUM Amendment
Changing The Future Land Use Map Designation Of A 7.06 Acre Parcel, Located
At 1072 West SR (State Road) 434 (East Of SR [State Road] 417), From (Seminole
County) "Commercial With Conservation Overlay" To (City Of Winter Springs)
"GreeneWay Interchange District With Conservation Overlay".
Vice Chairman Lacey opened the "Public Input "portion of this Agenda Item.
No one spoke.
Vice Chairman Lacey closed the "Public Input "portion of this Agenda Item.
Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development
Department presented this Agenda Item and displayed a Current Future Land Use Map
[FLUM] and stated, "Staff does recommend Approval of this Agenda Item changing the
Future Land Use Map [FLUM] Designation on the subject property."
"I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS [AGENDA]
ITEM WITH THE STATEMENT BY THE STAFF ELOISE [SAHLSTROM]
REGARDING THE EIGHT POINTS THAT SHE READ." MOTION BY BOARD
MEMBER MARTINEZ. SECONDED BY BOARD MEMBER KARR.
DISCUSSION.
1FIR. MONTJE PLANK, 500 NORTH MAITLAND AVENUE, SUITE 110,
MAITLAND, FLORIDA: SPOKE BRIEFLY TO THE BOARD MEMBERS ON
THIS AGENDA ITEM.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: AYE
VICE CHAIRMAN LACEY: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2008-19 Which Rezones 7.06 Acres (More Or Less), Located At 1072
West SR (State Road) 434 (East Of SR [State Road] 417), From "A-1" Agricultural
(Seminole County) To "GreeneWay Interchange District" (City Of Winter Springs).
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOAR.D/LOCAL PLANNING AGENCY
REGULAR MEETING -OCTOBER 7, 2008
(RESCHEDULED FROM OCTOBER (, 2008)
PAGE 4 OF 8
Vice Chairman Lacey opened the "Public Input "portion of this Agenda Item.
No one spoke.
Vice Chairman Lacey closed the "Public Input "portion of this Agenda Item.
Ms. Sahlstrom introduced this Agenda Item and stated, "In analyzing the Rezoning
request, Staff has included in your Agenda Item the determination based on the fourteen
(14) review standards, and we have felt that it does satisfy those standards as included in
the Code in Section 20-31. -and we do make recommendation to you, that you would
recommend to the City Commission adoption of the Rezoning."
Mr. Mon je Plank, S00 North Maitland Avenue, Suite 110, Maitland, Florida: spoke
briefly to the Board Members and stated, "We concur with the Staff and the evaluation
and recommendation."
"MOVE TO APPROVE [AGENDA] ITEM `501' AS RECOMMENDED BY
STAFF." MOTION BY BOARD MEMBER MARTINEZ. SECONDED BY
BOARD MEMBER KARR DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: AYE
VICE CHAIRMAN LACEY: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department -Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2008-23, Adopting A Small Scale FLUM Amendment Changing The Future Land
Use Map Designation Of 2.6 Acres More Or Less, Located Off Of Shore Road,
Between Seville Chase And Winding Hollow Subdivision, From (Winter Springs)
"Public/Semi-Public" To (Winter Springs) "Rural Residential".
Vice Chairman Lacey opened the "Public Input "portion of this Agenda Item.
No one spoke.
Vice Chairman Lacey closed the "Public Input "portion of this Agenda Item.
Ms. Sahistrom presented this Agenda Item and remarked, "Staff does recommend to you
that you make a recommendation of adoption to the City Commission for this action."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -OCTOBER 7, 2008
(RESCHEDULED FROM OCTOBER 1, 2008)
PAGE 5 OF 8
Discussion.
"I MAKE A MOTION THAT WE - ADOPT A SMALL SCALE FLUM (FUTURE
LAND USE MAP) AMENDMENT CHANGING THE FUTURE LAND USE MAP
[FLUM] DESIGNATION OF THESE 2.6 ACRES LOCATED OFF OF SHORE
ROAD, BETWEEN SEVILLE CHASE AND WINDING HOLLOW SUBDIVISION
FROM WINTER SPRINGS `PUBLIC/SEMI-PUBLIC' TO WINTER SPRINGS
`RURAL RESIDENTIAL'." MOTION BY BOARD MEMBER KARR.
SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
VICE CHAIRMAN LACEY: AYE
BOARD MEMBER MARTINEZ: AYE
MOTION CARRIED.
PUBLIC HEARINGS
503. Community Development Department -Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2008-24, Adopting A Small Scale FLUM Amendment Changing The Future Land
Use Map Designation Of 7.64 Acres More Or Less, Located Adjacent To The City's
West Effluent Disposal Site, From (Winter Springs) "Rural Residential With
Conservation Overlay" To (Winter Springs) "Public/Semi-Public With
Conservation Overlay".
Vice Chairman Lacey opened the "Public Input "portion of this Agenda Item.
No one spoke.
Vice Chairman Lacey closed the "Public Input "portion of this Agenda Item.
Ms. Sahlstrom introduced this Agenda Item and affirmed that, "Staff does recommend
that you make a recommendation of adoption to the City Commission on this Item for
Ordinance 2008-24."
A Future Land Use Map (FLUM) was displayed.
C[TY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -OCTOBER 7, 2008
(RESCHEDULED FROM OCTOBER 1, 2008)
PAGE 6 OF 8
"I WILL MAKE THAT MOTION TO RECOMMEND ADOPTION BY THE
CITY COMMISSION [ORDINANCE] 2008-24, A SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT CHANGING THE FUTURE LAND
USE MAP [FLUM] DESIGNATION ON THE SUBJECT PROPERTY FROM
WINTER SPRINGS `RURAL RESIDENTIAL WITH CONSERVATION
OVERLAY' TO WINTER SPRINGS `PUBLIC/SEMI-PUBLIC WITH
CONSERVATION OVERLAY'." MOTION BY BOARD MEMBER KARR.
SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: AYE
VICE CHAIRMAN LACEY: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Community Development Department
Requests The Planning And Zoning Board Consider The Ladybird Academy
Preliminary Engineering/Site Plan, Located On The North Side Of SR (State Road)
434, Immediately East Of The South Seminole Christian Church And South Of The
Barrington Estates Subdivision.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and added, "They will have to provide a traffic study for this. The
Code allows that to be done at the Final Engineering stage."
An Aerial Map was distributed to the Board Members.
In addition, Mr. Baker suggested that, "We would encourage perhaps an amendment to
the Development Agreement to not put in the wall -that besides saving money, that it is
the best route to go."
Continuing, Mr. Baker acknowledged that, "We do recommend Approval of this Site
Plan subject to the `Findings' of the Traffic Study and some sort of legal mechanism be
provided to exempt them from putting in the wall."
Discussion.
Ms. Sherry Fragomeni, P.E., President, Fragomeni Engineering, Inc., 4985 HofJ"ner
Avenue, Suite 1, Orlando, Florida: addressed the Board Members and Ms. Fragomeni
stated, "We concur with Staff's recommendations."
.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -OCTOBER 7, 2008
(RESCHEDULED FROM OCTOBER I, 2008)
PAGE 7 OF 8
"I WOULD LIKE TO MAKE A MOTION TO APPROVE." MOTION BY
BOARD MEMBER MARTINEZ. SECONDED BY BOARD MEMBER KARR.
DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: AYE
VICE CHAIRMAN LACEY: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
Regarding the Arts Festival, Board Member Karr expressed her Thanks to the City of
Winter Springs.
• • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM "201"
WAS DISCUSSED NEXT. CONSENT AGENDA ITEM "201" WAS ALSO
DISCUSSED PREVIOUSLY, AS NOTED ON PAGE 2 OF THESE MINUTES.
.;..;.
CONSENT
201. Office Of The City Clerk
Approval Of The September 3, 2008 Regular Meeting Minutes.
"I MOVE THAT WE TABLE THE VOTE ON THE MINUTES FROM
SEPTEMBER 3, 2008." MOTION BY BOARD MEMBER KARR. SECONDED
BY VICE CHAIRMAN LACEY. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: AYE
VICE CHAIRMAN LACEY: AYE
MOTION CARRIED.
ADJOURNMENT
Vice Chairman Lacey adjourned the Regular Meeting at 7:36 p.m.
C[TY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -OCTOBER 7, 2008
(RESCHEDULED FROM OCTOBER 1, 2008)
PAGE 8 OF 8
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.