HomeMy WebLinkAbout2007 05 29 Public Hearing 502 Ordinance Number 2007-14
CITY COMMISSION
May 29.2007
Meeting
Consent
Information
Public Hearing X
Regular
ITEM 502
P- /~
Mgr./Dept
REQUEST: The Community Development Department - Planning Division requests the City Commission
hold a Public Hearingrelated to Ordinance 2007-14 which rezones 29.3 acres (more or less), located
immediately west of DeLeon St. at Cress Run from (Seminole County) "A-3" Agricultural to (Winter Springs)
"R-C1" Single Family Dwelling District (min. lot size- 1 acre).
PURPOSE: To consider the City-initiated Rezoning request to change the subject property from (Seminole
County) "A-3" (1 dwelling unit per 3 acres) to (Winter Springs) "R-C1" (min. 1 acre), given that after
annexation from Seminole County in 2000 the zoning was never changed to a Winter Springs designation.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning
ordinances).
Winter SDrin2:S Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter SDrin2:s Section 20-26. Intent and purpose.
Winter SDrin!S Section 20-27. City commission authority.
Winter SDrin2:S Section 20-28. Due process; Special notice requirements.
Winter SDrin2:S Section 20-29. Applications.
Winter SDrin2:S Section 20-30. Staff review.
Winter SDrin2:S 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 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 of time, the City commission may, at
May 29, 2007
City Commission PUBLIC HEARING AGENDA ITEM 502
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 thatthe 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 Sorin2s 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
zonmg.
Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholding the constitutionality of the principles of
zoning).
Florida Municioal Home Rule Powers Act.
CHRONOLOGY:
The property was rezoned from 'A-5' to 'A-3' classification as an administrative action by the County in
1995.
Nov. 27. 2000- Annexation of Subject Property (Ordinance 2000-40). Seminole County and the City of
Oviedo formally objected to the annexation. The future land use and zoning were never
changed.
Nov. 2004- Seminole County's Urban/Rural Service Boundary established by referendum. The
Urban/Rural Service Boundary follows the City's eastern perimeter, placing the Montgomery
property within the urban service area.
April 11. 2007- Certified letter mailed, noticing property owner of the City-initiated amendment
May 29,2007
City Commission PUBLIC HEARING AGENDA ITEM 502
April 17. 2007- Adjacent property owners within 150' notified by regular mail
AoriI19.2007- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Mav 2. 2007- LP A held a Public Hearing and made recommendation of Approval re: Ord. 2007-14
May 17. 2007- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading
May 29. 2007- City Commission Public Hearing for 1 st Reading of Ordinance 2007-14, rezoning the property
to "R-Cl"
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, FL 32708
Owner(s) - Donald E. Weaver, Trustee
Location - Between Barrington Estates and DeLeon Street, north of Florida Av. at Cress Run
Site Information - The following three (3) parcels currently have a (Seminole County) "Rural-3" (1 dwelling
unit per 3 acres) Future Land Use and are being considered for this Future Land Use change to (City of Winter
Springs )"Rural Residential" (up to 1 unit per gross acre) with "Conservation Overlay" (on those affected
areas).
Total Acreage - 29.3 from survey (30.32 from property appraiser's data)
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
226 CRESS RUN (STE 1000 & 1008); OVIEDO 32765
Donald E. Weaver, Trustee
844 Lake Mills; Chuluota, FL 32766
03-21-31-300-004B-0000
5.80
SEC 03 TWP 21 S RGE 3IB N 2/3 OF S % OF E 'l2 OF SW Y4 OF NW Y4
(LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S
TO A PT W OF BEG E TO BEG & RD)
Non-Conforming Use in Light Manufacturing
"A-3 Agricultural 3-Acre" (Seminole County)
"Rural-3" with "Conservation Overlay" (Seminole County)
"Rural Residential" with "Conservation Overlay" (Winter Springs)
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
217 CRESS RUN; OVIEDO 32765
Donald E. Weaver, Trustee
844 Lake Mills; Chuluota, FL 32766
03-21-31-300-004C-0000
1.37
SEC03 TWP21S RGE31E w 197 FTOF E442 FTOF S 343.75 FTOF S 2/3 OFN 3/4
OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT OF E 19 Ff)
Non-Conforming Use in Light Manufacturing (Warehouse Distribution &
Storage)
"A-3 Agricultural 3-Acre" (Seminole County)
"Rural-3" with "Conservation Overlay" (Seminole County)
"Rural Residential" with "Conservation Overlay" (Winter Springs)
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'C'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
CRESS RUN; OVIEDO 32765
Donald E. Weaver, Trustee
844 Lake Mills; Chuluota, FL 32766
03-21-31-300-0090-0000
19.1
SEC 03 TWP 21 S RGE 31E W 'l2 OF SW Y4 OF NW Y4
Agricultural- Ornamental Nursery Plant Material
May 29, 2007
City Commission PUBLIC HEARING AGENDA ITEM 502
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
"A-3 Agricultural 3-Acre" (Seminole County)
"Rural-3" with "Conservation Overlay" (Seminole County)
"Rural Residential" with "Conservation Overlay" (Winter Springs)
Chronolo2V of Subject Prooertv - The Weaver property has been under the same ownership for more than
twenty years. At one time this property was utilized for the production of water cress.
Existing Land Uses - The largest parcel is currently leased to COD trees for the production of ornamental
nursery stock and includes a cell tower. One of the parcels contains numerous steel buildings which are leased
to various tenants with non-conforming light industrial uses including warehousing, storage and distribution.
North
Ornamental Nursery
Stock Production and
Li ht Manufacturin
Generally Undeveloped
A-3 Agriculture (SC) in
Winter Springs
East
West
Light Manufacturing! Agriculture
Single Family Residential
A-3 (SC)
in Winter S rin s
A-3 (SC)
in Winter S rin s
A-3 (SC)
R-I (WS)
South
Generally Undeveloped
(WS) Winter Springs; (SC) Seminole County;
Development Trends - This area of the County is experiencing intensive development pressure as evidenced
by new development along SR 434 and Florida Avenue. For this reason, Seminole County sponsored a
referendum, establishing an Urban/Rural Service Boundary as part of the County. Charter in 2004. The
Boundary borders the subject property on the east, which is also the eastern edge of the City of Winter Springs.
[The Boundary restricts land use changes on properties located to the east in the rural area of Seminole County,
from land use changes, without the approval of the Board of County Commissioners.] The subject property is
not in the area restricted by the Urban/Rural Service Boundary.
Prooosed Future Land Use Classification - The proposed change in the future land use map designation
from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential" is compatible with
adjacent land uses in the City of Winter Springs.
. Letters/Phone Calls In Favor Or Opposition - One neighbor in Barrington Estates called to express concern
about his property value being reduced, due to the proposed change.
REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
(1) Comoliance with Procedural Reauirements- 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 orooertv- 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 "R-C! Single Family
May 29,2007
City Commission PUBLIC HEARING AGENDA ITEM 502
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 west and north are also being considered for "R-CI" zoning.
(6) Does Not Materially Alter the Population Density Pattem- 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 Rezoninl! Necessaty- The previous 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 "R-CI Single Family Residential" category is the most similar Winter
Springs designation to the property's current Seminole County "A-3 Agricultural" designation.
(9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning change will not
reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding Prooertv Values- 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 Adjacent 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 Soecial 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;
(14) Does Not Violate anv City Land Use Rel!Ulations- 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 I LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning & Zoning BoardlLP A on May 2, 2007, the Board! Agency
recommended unanimous approval of Ordinance 2007-14, with a vote of 4-0. A copy of the unapproved
minutes are attached as Attachment 'B'.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for 1 st Reading of Ordinance 2007-14
regarding changing the Zoning classification on the subject property located immediately west of DeLeon St. at
Cress Run from "A-3" Agricultural (Seminole County) to "R-Cl" Single Family Dwelling District (min. lot
size- 1 acre).
May 29, 2007
City Commission PUBLIC HEARING AGENDA ITEM 502
ANTICIPATED IMPLEMENTATION SCHEDULE:
Mav 29. 2007- City Commission Transmittal Hearing for Large Scale Comprehensive Plan Future Land Use
Map Amendment (Ordinance 2007-07)
May 29. 2007- City Commission Public Hearing for 1 st Reading of Ordinance 2007-14, rezoning the property
to "R-C1"
Se.pt.10. 2007- City Commission Public Hearing for 2nd Reading and Adoption of Large Scale Comprehensive
Plan Future Land Use Map Amendment (Ordinance 2007-07)
June 25. 2007- Anticipated City Commission Public Hearing for 2nd Reading and Adoption of Ordinance
2007-14, rezoning the property to "R-C1"
ATTACHMENTS:
A- Noticing in the Orlando Sentinel
B- Minutes from the P&Z / Local Planning Agency Meeting, May 2, 2007
C- Current Future Land Use Map, April 2007
D- Proposed Future Land Use, April 2007
E- Ordinance 2007-14 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
G4 Orluldo Sendnel
ATTACHMENT A
THURSDAY, APRIL 19, 2007
NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN
AND ZONING MAP CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT:
ORDINANCE NO. 2007-06
AN ORDINANCE Of THE CITY COMMISSlON THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA. RELATING AOOPTlON Of AN AMENlMENT 10 1llE R/TURE lAItl USE MAP BY DESIGNA1I<<l CEIlTAIN REAL PROPERlY WllHlH TIt: CIIY
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS,
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY
"RURAL" 3 TO CITY OF WINTER SPRINGS 'PUBLIC/SEMI PUBLIC' WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS);
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDlNG FOR TRANSMITTAL OF THE PLAN TO
THE DEPARTMENT OF COMMUNlTY AFFAIRS; PROVIDING FOR 'TRANSMITTAL OF THE PALN TO
THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR 'THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (See Map below, Site '1', for location).STENT ORDINANCES AND
ORDINANCE NO. 2007-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS GENERALLY DESCRIBED AS THREE (3) PARCELS OF LAND, CONTAINING 29.3 GROSS ACRES MORE OR LESS,
AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN, MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT 'A', ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL
RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
(SEE MAP BELOW SITE '2' FOR LOCATION).
ORDINANCE NO. 2007-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CTY Of WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A SMALL
SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON STREET IN WINTER
SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBT 'A' ATTACHED HERETO, FROM
SEMINILE COUNTY 'RURUAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE
AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '2', FOR LOCATION).
ORDINANCE NO. 2007-10
AN ORDINANCE Of THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 'EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE
COUNTY 'RURAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE AFFECTED'
AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION
INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '3' FOR LOCATION).
ORDlNANCE NO. 2007-14
AN ORDINANCE Of THE CITY COMMlSSION OF THE CITY OF WINTER SPRINGS FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING THREE (3) PARCELS TOTALING 29.3 ACRES, MORE OR LESS, AND LOCATED GENERALLY
ON THE WEST SIDE OF DELEON STREET AT CRESS RUN 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-C1
SINGLE FAMILY DWELLING'; PROVIDING FOR THE REPEAL OF PRIOR; INCONSISTENT ORDINANCES AND RESOLUTIONS
SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE'3' FOR LOCATION).
ORDINANCE NO. 2007-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 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 C-1 SINGLE FAMILY DWELLING', PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION).
ORDINANCE NO. 2007-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN
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-C1 SINGLE FAMILY DWELLING'; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION).
PUBLIC HEARINGS
FOR FIRST READING & TRANSMITTAL
Will BE HELD ON
TUESDAY, MAY 29.2007 AT 5:15 P.M.
OR SOON THEREAFTER IN THE COMMISSION ,CHAMBERS
LOCATED AT THE WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA
The proposed ondinances may be obtained by interested parties between 8 a.m. and 5 p.m., Monday, through Friday, at the City Clerks
Office, located at 1126 E. SR 434, Winter Springs, FIorida For more Information, call (407) 327-1800 #227. Persons with disabilities
needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours
In advance of the meeting at (407) 327-1800, #236. These are public hearings. Interested parties are advised that they may appear at
the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the
City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such
purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE 8 OF I3
PUBLIC HEARINGS
502. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2007-14 Which Rezones 29.3 Acres (More Or Less), Located
Immediately West Of DeLeon St. At Cress Run From (Seminole County) "A-3"
Agricultural To (Winter Springs) "R-Cl" Single Family Dwelling District"
(Minimum Lot Size- 1 Acre).
Ms. Sahlstrom presented this Agenda Item and said, "Staff has reviewed this and does
believe that we meet those Criteria." Ms. Sahlstrom said, "When you do have a City
initiated action, the City does notify the Applicant by 'Certified' letter and the Florida
Statutes state that the Applicant is to be notified within a certain period of time before
any Adoption takes place if it should take place, and we did meet those requirements.
We met the requirements for the Noticing in the paper and we also did Notice the
adjacent property owners within one hundred fifty feet (150') about both of these
actions."
Next, Ms. Sahlstrom stated, "Staff does ask that you would make a recommendation to
the City Commission to Adopt the Zoning change. Zoning is dependent upon the Land
Use so, since it has a Large Scale Land Use in process, the Zoning would not be Adopted
until the Land Use was in fact Adopted."
Ms. Sahlstrom said, "Actually I have a mistake in here and I apologize. If you look at the
very last page of the Staff Report, the dates under the 'Anticipated Implementation
Schedule', we anticipate that the City Commission would have First Reading of the Re-
Zoning Ordinance on May 29th [2007], that the City Commission would most probably
have the Second Reading in consideration for Adoption of the Large Scale Amendment
on September 10th [2007] and then after that consideration, if in fact the Commission
were to Adopt the Large Scale Comprehensive Plan Amendment, then also at the
September 10th [2007] Meeting, the City Commission could then Adopt this after having
a Public Hearing for Second Reading. So, that date of June 25th [2007] is incorrect. It
should say September 10th [2007]."
Chairman Poe opened the "Public Input" portion of the Agenda Item.
Ms. Margaret A. Wharton, P.A., Esquire, 103 South Brown Avenue, Orlando, Florida:
spoke about the Re-Zoning and is Opposed to this Agenda Item.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
Tape 2/Side A
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE90F 13
"I MOVE THAT [AGENDA ITEM] '502' BE APPROVED AS PRESENTED
CHANGING THE 29.3 ACRES MORE OR LESS LOCATED WEST OF DELEON
[STREET] AT CRESS RUN FROM SEMINOLE COUNTY 'A-3' AGRICULTURE
TO WINTER SPRINGS 'R-Cl' SINGLE FAMILY DWELLING DISTRICT."
MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON
TILLIS. DISCUSSION.
VOTE:
CHAIRMANPOE: AYE
BOAlID MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
MOTION CARRIED.
Ms. Sahlstrom noted that, "We will take this forward on May 29th [2007]."
PUBLIC HEARINGS
503. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2007-09, A Small Scale Comprehensive Plan Amendment, To Change The Future
Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less,
Located On The West Side Of DeLeon Street At 1740 DeLeon Street From
(Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs)
"Rural Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those
Affected Areas.
Ms. Sahlstrom introduced this Agenda Item, displayed an Aerial view of the property and
said, "Staff does recommend that you hold a Public Hearing and recommend Approval to
the City Commission for Adoption of this Ordinance which is a Small Scale
Comprehensive Plan Amendment to change the F\lture Land Use Map (FLUM)
designation of one (1) parcel from 'Rural-3' to Winter Springs 'Rural Residential' with
'Conservation Overlay' on those affected areas. And, if you do make a recommendation
to move this forward, it will go to the City Commission on May 29th [2007] and because
it is a Small Scale Comprehensive Plan Amendment, it does not have to be Transmitted
to the State for review. We transmit it to them after an Adoption just for their records.
And so, Adoption is anticipated most likely for June 25th [2007]."
Chairman Poe opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
ATTACHMENT C
EXISTING ZONING APRIL 2007
ATTACHMENT D
PROPOSED ZONING APRIL 2007
ATTACHMENT E
ORDINANCE 2007-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING THREE (3) PARCELS TOTALING 29.3
ACRES, MORE ORLESS,AND LOCATED GENERALLY ON
THE WEST SIDE OF DELEON STREET AT CRESS RUN 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-Cl
SINGLE FAMILY DWELLING"; 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 May 2,2007 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 ~hange set forth hereunder; and
WHEREAS, ~e 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.
l
.:'
City of Winter Springs
Ordinance No. 2007-14
Page 1 of 2
=----
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
include a change of classification from Seminole County "A-3" to City of Winter Springs "R-Cl
Single Family Dwelling" 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 2007-07, as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-07 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 , 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:
"
~f
City of Winter Springs
Ordinance No. 2007-14
Page 2 of 2
=----
EXHIBIT A
Ordinance 2007-14
Parcel #5 & Legal Descriptions:
03-21-31-300-0048-0000: SEC 03 TWP 21 5 RGE 31E N 213 OF 5 ~ OF E Yz OF SW % OF NW %
(LESS 8EG SE COR RUN N 385.75 FT W 245 FT 5 42 FT W 197 FT 5
TO A PT W OF 8EG E TO 8EG & RD)
03-21-31-300-004C-0000: SEC 03 TWP 215 RGE 31E W 197 FT OF E 442 FT OF 5 343.75 FT OF 5
2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS 5100 FT OF E 19
FT)
03-21-31-300-0090-0000: SEC 03 TWP 215 RGE 31E W Yz OF SW % OF NW %