HomeMy WebLinkAbout2008 11 24 Regular 600 Toledo Request for Conservation EasementCOMMISSION AGENDA
ITEM 600
November 24, 2008
Meeting MGR. /De t.
REQUEST: The Community Development Department -Planning Division requests the City
Commission consider Stan & Judy Toledo's request for a Conservation Easement to be placed
over their property located on the north side of State Road 434 and 600' west of DeLeon St., at
the western edge of the City.
PURPOSE: To consider the request of Stan & Judy Toledo to place Parcel ID # 25-20-31-
SBA-0000-0190 [which is located on the north side of State Road 434 and 600' west of DeLeon
St.] into a Conservation Easement.
APPLICABLE LAW AND PUBLIC POLICY:
Section 704 06 Florida Statutes
CHRONOLOGY:
July 28, 2003- Effective Date of Annexation by Ordinance 2003-27. Note: The City
Commission previously annexed the subject property pursuant to Ordinance 2000-36 on
November 27, 2000; however, Seminole County and the City of Oviedo challenged the
annexation. On July 7, 2003, the circuit court quashed the ordinance and remanded the
annexation to the City Commission for further proceedings consistent with the court's
decision. Ordinance 2000-36 was quashed because the court determined that the legal
advertisement of the ordinance did not contain a legible map, however the court held that the
annexation was otherwise lawful. As a result the City of Winter Springs, adopted the
findings of the circuit court supporting the City's right to annex the subject property, and
annexed the subject property on July 28, 2003.
MaY9, 2006- Property purchased from Luther & Joe Ann Carroll by William T. & Susan Minter
Nov. 8, 2006- Property purchased from William T & Susan Minter by Stan & Judy Toledo
June 25, 2007-Future Land Use change from (Seminole County) "Rural-3" to "Conservation"
and "Commercial" with "Conservation Overlay" adopted by Ordinance 2007-04
Consent
Information
Public Hearin
Re ular X
June 25, 2007-Zoning change from (Seminole County) "A-3" to "C-1 Neighborhood
Commercial" adopted by Ordinance 2007-OS
November 24, 2008
Regular Agenda Item 600
Page 2 of 2
CONSIDERATIONS:
The subject property of approximately 8.8 acres is located on the north side of State Road 434
and 600' west of DeLeon St. at the western edge of the City. SR 434 as it transverses through
Winter Springs is primarily a commercial corridor with "C-1 Neighborhood Commercial" as the
predominant zoning classification and "Commercial" as the predominant future land use
designation.
The subject property also has a zoning classification of "C-1 Neighborhood Commercial" and
has a future land use designation of "Commercial" with "Conservation Overlay" (due to possible
environmental constraints, such as wetlands). A portion of the subject property (approximately
3.34 acres to the north) is already designated with a future land use of "Conservation" due to
existing wetlands and for the purpose of buffering and transitioning (from the "Commercial"
future land use) to the "Rural Residential" future land use (to the north).
Limited uplands exist in two distinct areas on the properly, although these were allegedly created
by a previous owner by clearing and dumping without a SJRWMD permit. In addition, these
two areas together only make up about one (1) acres or less of the total 8.8 acres. Development
of these areas even as a commercial use appears cost prohibitive.
As a result, the Toledos have been pursuing dedicating their parcel to conservation, to reduce
their tax obligation and to enable the selling of the property for wetland impact mitigation
credits.
Mr Toledo states that he cannot develop the property under the "C-1 Neighborhood
Commercial" zoning due to the limited area that is not impacted by wetlands.
Given the history and location of the property, it was determined to bring the request of the
Toledos to the City Commission for review and direction, prior to finalizing the drafting of the
conservation easement.
This would not be the only property with a conservation designation along SR 434 in the City.
The Cottle parcel, located immediately west of Heritage Park on the south side of SR 434 was
purchased in March 2005 Tom Corkery and has been used for mitigation credits to offset
wetland impacts from several of his development projects. In this case, the Cottle parcel
expands the conservation area that was previously set aside with the development of Winding
Hollow.
STAFF RECOMMENDATION:
Staff recommends that the City Commission consider and give direction to the Toledo's request to
have their property [Parcel ID # 25-20-31-SBA-0000-0190] placed under a conservation easement
for use as wetland impact mitigation credits.
ATTACHMENTS:
A Location Map
B Future Land Use Map
COMMISSION ACTION:
ATTACHMENT A
Location Map
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