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HomeMy WebLinkAbout2007 03 26 Public Hearing 503 1st Reading Ordinance 2007-05 CITY COMMISSION ITEM 503 Public Hearing March 26, 2007 Meeting Mgr./Dept. REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading on Ordinance 2007 -05 which rezones 8.8 acres (more or less), located on the north side of SR 434 east of the entrance to Barrington Estates and 600' west of DeLeon Street, from (Seminole County) "A-3" Agricultural to (Winter Springs) "C-l Neighborhood Commercial". PURPOSE: To resolve the fact that the zoning was never subsequently changed to a Winter Springs category after annexation from Seminole County in 2003 and to consider the request of Stan Toledo for Rezoning of the property to a zoning classification of (Winter Springs) "C-l Neighborhood Commercial". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sprines Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sprines Section 20-26. Intent and purpose. Winter Sprines Section 20-27. City commission authority. Winter Sprines Section 20-28. Due process; Special notice requirements. Winter Sprines Section 20-29. Applications. Winter Sprines Section 20-30. Staff review. Winter Sprines Section 20-31. Rezonings. (The following fourteen (14) standards were added to the Code when Sections 20-101 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 the March 26, 2007 Public Hearing Item 503 reasons 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. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period oftime, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (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 Sprin2s 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) (upholdin2 the constitutionality of the principles of zonin2). Florida Municipal Home Rule Powers Act. March 26, 2007 Public Hearing Item 503 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 ofthe 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. Feb. 13.2007- Application received for Future Land Use change and Rezoning. Mar. 7.2007- P& Z Board (LPA) heard the request and made recommendation of Adoption. CONSIDERATIONS: Applicant - Stan & Judy Toledo, 1746 Seneca Blvd.; Winter Springs, Florida 32708 Owner - Stan & Judy Toledo, Trustees; 1746 Seneca Blvd.; Winter Springs, Florida 32708 Parcel Number - 25-20-3l-5BA-0000-0 190 Acreage - approx. 8.8 acres General Location - The site is located on the north side ofSR 434, east ofthe entrance to Barrington Estates and 600' west of DeLeon Street. Legal Description - Lot 19, The Van Arsdale Osbourne Brokerage Coo's Addition to Black Hammock, plat Book 1, Page 31. Existing Land Use - The property is vacant and undeveloped. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Zoning FLUM Uses Subject Vacant, Undeveloped Requesting (WS) C-I Requesting (WS) Conservation Site Neighborhood and (WS) Commercial with Commercial from Conservation Overlay from (SC) (SC) A-3 Rural-3 .'.. ..----..... __._____.____.~.__R_._R.._M.....__.__. '-'-"-'-'-'-'-'-'_._.~._._._.._.._.._................'......-..-...........................-.......................... North Agriculture - Growing A-3 Agriculture (SC) Rural-3 (maximum of one of Ornamentals in Winter Springs dwelling unit per 3 acres) (SC) in Winter Springs South Vacant, Undeveloped A-I (SC) Low Density Residential (SC) East Vacant, Undeveloped A (OV) Low Density Residential (OV) West Vacant, Undeveloped Requesting (WS) C-I Requesting (WS) Commercial Neighborhood from (SC) Suburban Estates Commercial from (SC) A-to (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo March 26, 2007 Public Hearing Item 503 Development Trends - The property immediately west of the subject property was annexed into Winter Springs in February. Letters/Phone Calls In Favor Or Opposition - None to date. 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; (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-3 Agricultural" to Winter Springs "C-I Neighborhood Commercial" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; All parcels on the north side of SR 434 in the City are zoned "C-I Neighborhood Commercial", with the exception of Barrington Estates. The majority of parcels on the south side of SR 434 in Oviedo are zoned "R-I Single Family Residential" which allows a maximum of 5.12 dwelling units per acre. (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 (Winter Springs) has also applied for "C-I Neighborhood Commercial" zoning classification and the land at the bend of SR 434 (under Seminole County jurisdiction) has a commercial zoning. Should the church property (in Seminole County) to the west be annexed, it would likely be considered for "C-I Neighborhood Commercial" as well. (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 ofthe property into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter Springs' Zoning Designation. Winter Springs does not have an "A-lO Agricultural" Zoning. The "C-I Neighborhood Commercial" is the most appropriate designation for the north side of the SR 434 urban arterial. (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 March 26, 2007 Public Hearing Item 503 determined by evaluating the prevailing character of the area around the subject property; (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; (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; 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 / LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardlLP A on March 7, 2007, the Board! Agency recommended approval of Ordinance 2007-05, with a vote of 5-0. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance 2007- 05, changing the Zoning classification on the subject property at 282 S.R. 434 from "A-lO" Agricultural (Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs). TENTATIVE IMPLEMENTATION SCHEDULE: March 26,2007- 1st Reading of Ordinance 2007-05 March 29, 2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) April 9, 2007- 2nd Reading /Adoption of Ordinance 2007-05 ATTACHMENTS: A. Application B. Excerpt from P&Z/LPA Minutes of March 7, 2007 C. Ordinance 2007-05 including Location Map & Legal Description D. Current Zoning Map, February 2007 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 ~f;,O 4I!.~f;,\ \\\1 4~ \~ ~s ~ a. ~~iI. ~~\J t::l~ 1i'~ "'" ...<;:,.~ .,Q9 N\~ 0.... ~-( O~~(\'~ c.' t'>~ APPLICATION FOR REZONING APPLICANT: ~e.do I sttAJIJ Last First MAILING ADDRESS: 17 '-I-fc ~ne ~ Stud" W;o;-er ~$ I F='L-. ..~~ State PHONE & EMAIL: LfO 7 - '977 -8 70 " Middle 3::2-70B Zip Code If Applicant does NOT own the property: PROPERTY OWNER: Last First Middle MAILING ADDRESS: City State Zip Code PHONE & EMAIL This request is for the property described below: PROPERTY ADDRESS: a..c.r~ ~ con ~ek Jf3'1- TAX PARCEL NUMBER: ~S' -.;Lo - "3 , - !> SA. - D 000 - ~ I q 0 SIZE OF PARCEL: 3B3~ oB7 ~F 8.S Ac. Square'Feet Acres EXISTING LAND USE: u~d e \lei tJ reA. CURRENT ZONING Classification: ~ ri c..LJ ( tv V- e... REQUEST for a CHANGE to City of Winter Springs ZONING Classification: Cbn,rner(:',~ Current FUTURE LAND USE Classification: March 2005 RECEIVED fEB \ 3 2007 CITV OF WINTER SPRI~n~S community oeveJopm 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 ofthe 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 r- description. A A copy of the LEGAL DESCRIPTION. r ~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. X 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, IF 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 $ 5'00 ,~O Plus $ 25/acre $ :J-DO, DO (or portion thereof) TOTAL DUE $ 700,'0 2 March :nJS 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: rtify that I am the Ovrner in fee simple of subject lands described within this Application for Sworn to and subscribed before me this S+h day of M()J\(...."-' 20J,J2. ~1.~oDc V Notary Public \' My Commission expires: ---- )< Personally Knovrn produc~de~tification:L. (Type) l) (' \\.l't I'S ,Co -e f'\Se.. Did take an Oath Did Not take and Oath 'S/....' Ctlyrel JICIcIon . .' My commisSIon 00205803 \~~; Expires March 02.2008 ...................................................................................... 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 of Ovrner( s) Signature of Ovrner( s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Knovrn Produced Identification: (Type) Did take an Oath Did Not take and Oath 3 March ZlOS 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 Rezo~l ~J\vJ ~ ~o~ .5 dayof rY\~201:LJ NOb~O~ My Commission expires: Sworn to and subscribed before me this x Personally Known Produced Identification: (Type))Y- \ \.1'" (' Sa L~ C! o(>~"l..- Did take an Oath Did Not take and Oath (i:; r.'W '....., \~ ~ i My Commilllon 0D285e03 0;'" &lrpj,.. MIn:h 02. 200a ...................................................................................... 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 of Owner(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 March 2005 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7,2007 PAGE60F II PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2007-05 Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of State Road 434 East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street, From (Seminole County) "A-3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". Ms. Sahlstrom presented this Agenda Item and displayed the existing Zoning Map. Ms. Sahlstrom said, "Staff has reviewed the fourteen (14) Criteria required for re-zoning Applications and believes that C-I Neighborhood Commercial is the appropriate designation for this property." Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: Mr. Toledo said, "I have pursued some issues in terms of the wetlands. I already have a wetland report which is favorable to the fact that there are not encroachments or any effects on wildlife, etcetera." Mr. Toledo then said, "It is my intent that if I could pursue favorably with the St. John's Water [River Management] District, I do want to preserve about two (2) acres which would be buffering the Barrington Estates." Mr. Toledo said, "I hope I can work favorably with the Mann property where we share just one (1) access instead of having possibly three (3)." Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: spoke briefly about the property site. Discussion. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM 203 AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARDMEMBERKARR: AYE CHAIRMAN POE: AYE MOTION CARRIED. ATTACHMENT C ORDINANCE 2007-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 8.8 ACRES MORE OR LESS, GENERALL Y LOCATED ALONG WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-3" TO CITY OF WINTER SPRINGS "C-l NEIGHBORHOOD COMMERCIAL"; 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 vrn, 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 March 7, 2007 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 Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to City of Winter Springs Ordinance No. 2007-05 Page ) of 2 include a change of classification from Seminole County "A-3" to City of Winter Springs "C-l Neighborhood Commercial" 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 the effective date of Ordinance 2007-04 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-04 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 the day of , 2007. 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. 2001-05 Page 2 of 2 EXHIBIT 'A' Source: City of Winter Springs & Seminole County GIS Data, January 2007 I I I o 255 510 1,020 Feet ~ N Leaal Description: Lot 19 (less road) The Van Arnsdale Osborne Brokerage Co.'s Addition to Black Hammock, Plat Book 1, Page 31 LEGEND 11III C-1 (WS) c:::J R-1A(WS) c=J A-3 (WS) D A-3 (SC) .. R-1AA(SC) D A-1 (SC) c=J A-10 (SC) c=J CN (SC) D A (OV) c=J R-1 (OV) D R-1A(OV) R-1 Existing ZONING February 2007 CONSV A-3 Subject Property A-10 ................ S.R.434 ~. ATTACHMENT D ~ o o == == < :I: ~ o j m . I I 1,560 Feet HOWARD RESS FLORIDA AV FLORIDA o 390 780 A R-1 A-1 6. N Source: Seminole County GIS, City of Winter Springs, February 2007