HomeMy WebLinkAbout2007 06 25 Public Hearing 503 Ordinance Number 2007-16
CITY COMMISSION
ITEM 503
June 25,2007
Meeting
Consent
Information
Public Hearin
Re ular
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REQUEST: The Community Development Department - Planning Division requests the City Commission
hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-16, which rezones 1.6 acres, more
or less, located immediately west of DeLeon St. at 201 Cress Run from (Seminole County) "A-3" Agricultural
to (City of 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 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 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
June 25, 2007
City Commission PUBLIC HEARING AGENDA ITEM 503
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 Sprill1!s 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
zomng.
Euclid v. Amber Rea/tv Co. .272 U.S. 365 (1926) (upholding the constitutionality of the principles of
zoning).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
The property was rezoned from 'A-5' to 'A-3' as an administrative action by Seminole 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
UrbanlRural Service Boundary follows the City's eastern perimeter, placing the Montgomery
property within the urban service area.
Nov 22. 2004- Fifteen (15) year Development Order granted to Tim & Hope Montgomery for the operation of
Eagle Bay Wood Products, Inc. (for the manufacture of wood cabinets and similar furniture) at
201 Cress Run.
June 25, 2007
City Commission PUBLIC HEARING AGENDA ITEM 503
April 1 L 2007- Certified letter mailed, noticing property owner of the City-initiated amendment
April 17, 2007- Adjacent property owners within 150' notified by regular mail
April 19, 2007- Public Noticing in Orlando Sentinel ofLPA Public Hearing
May 2, 2007- P& Z Board (LPA) heard the request and made recommendation of Adoption
May 17,2007- Public Noticing in Orlando Sentinel of Public Hearing for 1 sl Reading
May 29,2007- Public Hearing for 1 sl Reading of Ordinance 2007-16, rezoning the property to "R-Cl"
May 17, 2007 - Public Noticing in Orlando Sentinel of Public Hearing for 1 sl Reading
May 29, 2007- 1 sl Reading of Small Scale Comprehensive Plan Amendment changing the Future Land Use
(Ordinance 2007-10)
June 7, 2007- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading
June 25, 2007- City Commission Public Hearing for 2nd Reading and Adoption.
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, FL 32708
Owner(s) - Timothy D. & Hope R. Montgomery
Location - 201 Cress Run (west side of DeLeon St.)
Site Information - The subject property currently has a (Seminole County) "A-3" Zoning and is being
considered for this ReZoning change to (City of Winter Springs )"R-Cl"(min. 1 acre).
Parcel # -
03-21-31-300-0040-0000
Legal Description - LEG SEe 03 TWP 2IS RGE 3IE E 245 FT OF S 385.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW
1/4 (LESS S 100 FT & RD)
Total Acreage - 1.6 gross acres (more or less)
Chronology of Subiect Property - The subject property was purchased by Tim & Hope Montgomery in
December 2003, from Donald Weaver.
Existing Land Uses - The property is the site of Eagle Bay Wood Products. Four (4) buildings were
constructed on the parcel during 1972 to 1991.
Eagle Bay Wood Products manufactures solid hardwood cabinet doors and drawers as well as cabinet doors in
thermofoil / RTF. Their product is marketed nationwide for wholesales sales and distribution through a web-
site. Eagle Bay Wood Products does not include retail sales or installation, and no retail traffic is currently
generated. Currently, Eagle Bay employs six (6) employees including the two owners. Traffic is limited to
shipment of product via one (1) UPS truck and one (1) tractor/trailer truck per day. In 2004, a fifteen (15) year
Development Order was granted by City of Winter Springs to Tim & Hope Montgomery for the operation of
this business.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Sites Light Manufacturing, Distribution
A-3 Agriculture (SC) in
Winter Springs
Rural-3 (maximum of one
dwelling unit per 3 acres) (SC)
in Winter S rin s
Rural-3 (SC)
.il1~iTlt~~~p!il1g~ .
Rural-3 (SC)
Rural-3 (SC)
Rural-3 (SC)
in Winter S rin s
Light Manufacturing, Distribution A-3 (SC)
_____________________________.__._____________ ..._i.I1..~iTl!~r_~ p!iTlgs...
Mobile Home Residential A-3 (SC)
....._........._....._._.._...H........................._......... ......................._........._.................. .
Agriculture A-3 (SC)
-.--.-------...--.-.--.---------.-.---.--.-.-..-.-.--
Ornamental Nursery Stock Productio A-3 (SC)
Li ht Manufacturin , Distribution in Winter S rin s
(WS) Winter Springs; (SC) Seminole County;
North
South
East
West
June 25, 2007
City Commission PUBLIC HEARING AGENDA ITEM 503
Development Trends - Due in part to development pressures in the area, Seminole County sponsored a
referendum in 2004, which established an Urban/Rural Service Boundary as part of the County Charter. 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.
Letters/Phone Calls In Favor Or Opposition - Request for additional information from the property owner.
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 property- The property is not part of a Master Plan and the
Rezoning will not affect the permitted use ofthe property as described under the General Use Permit approved
by the City Commission on November 22, 2004 and recorded with the County Clerk in Seminole County on
April 14, 2005.
(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-CI Single Family
Residential" is appropriate and compatible with the land use pattern established by the City's comprehensive
plan; .
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, which is prohibited
by law. The adjoining property to the west and north in Winter Springs are also being considered for "R-Cl"
zomng.
(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 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-Cl Single Family Residential" category is the most similar Winter
Springs designation to the property's current Seminole County "A-3 Agricultural" designation.
(9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed rezoning change will not
reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding Property 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 Adiacent Vacant Property- The intent in the zoning of
June 25, 2007
City Commission PUBLIC HEARING AGENDA ITEM 503
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 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 I LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning & Zoning Board/LP A on May 2, 2007, the Board! Agency
recommended unanimous approval of Ordinance 2007-15, 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 Second Reading and Adoption related to
Ordinance 2007-16, changing the Zoning classification on the subject property at 201 Cress Run from "A-3"
Agricultural (Seminole County) to "R-CI Single Family Dwelling District" (City of Winter Springs).
ATTACHMENTS:
A- Noticing in the Orlando Sentinel
B- Minutes from the P&Z / Local Planning Agency Meeting, May 2, 2007
C- Current Zoning Map, April 2007
D- Proposed Zoning, April 2007
E- Ordinance 2007-16 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
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H4 Orlaodo Somdllel
Sf THURSDAV, JUNE 1. 2007
What's Happening
From lNg- Hl
anive 10-15 minutes early for
reg1stration. $5 per class. 407-
24S.{)921.
R8verse mortgage pro--
gram: 11 a.m. Fridaya; MarkJi
Street Senior Recreation Com.
pi"", 99 E. Marks St., Orlando.
The ScniOJ' Education Founda-
lion will present intonnation
about the FHA-insured reverse
mortgage program that allows
seniors to access equity in their
bomes without maIcini any
mortgage payments. Reserva.
days; Lake Mal)' Activity Cen.
ter, 911 W&lIace Court. Free.
.07-685-1466.
Yap: 9:30-10:<15 a.m. Tues.
days and 5:45-7 p.m. Thurs-
days; Marks Street Senior Re-
creation Complex. 99 E. Marks
St., Orlando. The classes are
desipea to integmte the body,
mind andspirit through aw",",,"
Dess and: movement. All levels
welcome. New :students should
Condnulld on H'
GENERAL DENTISTRY
~mrAl.. CLfNIING '70
DEWXE DEHnI'f lEAl
~P\..ET! 05110 OR 1680
CROWHlBllOGE~~
~~~~EL.AlN TO WETAL '645
SIMPlE e:m.ACTION
~~I~ M)QT) 1110
SUPERIOR DEtmJAE (~~
~~lETE051100R 1780
7HE GREATER MALL
4~ ~~o= DR. DEEP AGEE ~l~:'~:::,
CASSELBERRY (407)3Jt-24421(407)339.f134 ~ 88
Models Include:
, Wide Inward-<lpening Door' Anti-slip Roar & Anti-slip High Seat
, 168 Jets 01 Heated Hydrotherapy Helps Circulation, Stiffness & Pain
'Therapeutic & Relaxing Deep Soak' Foot & Leg Massager' Bidet
, Handheld & Wall Mount Shower Head' Many Models, Sizes & Colors for ANY
Problem, ANY Space, Any Decor' Lifetime Guarantee: Will NEVER Leak' Installation
Available in ALL 50 States' FDA & ADA: May be Tax Deductible & S'aies Tax Free,
.':\. For DetaU. & Live Operator 2417
...adeal UvlnD USA ~ _C.!'!..N~.J!!I.~.!..._ I
NOTICE OF CHANGES TO THE
COMPREHENSIVE PLAN
AND ZONING MAP
CITY OF WINTER SPRINGS
NanCE IS NEREBY GIVEN THAT THE em COMM~SION OF
THE an OF WINTER SPRINGS PROPOSES TO AII0PT:
OIDINAHC! NO. 2007-04
AN ORDINANCE OF THE an COMMISSION OF THE an OF WINTIR SPRINGS, FLORIDA, ADOPTING A SMAll SC.Il!
FUTUR! lAND US! MAP AMENDMENT BY OtAHGING THE FUTURE lAND USE MAP DESIGNATION OF THE WI.
PROPERTY CONmTUTlNG A PARm TOTALING L8 ACRES MORE OA LfSS GENfWlY LOCATID ALONG wm STATI
ROAD 434 IN WINTEA SPRINGS, FLORIDA, MORE PARTIOIURLY DEPICTED AHD LfGAllJ DESCRIBED ON DItIBIT
'/( ATTAOIED HERETO, FRDM SEMINOLE COUNn 'RUW-3" 10 em OF WINTER SPRINGS 'CONSEAVATION' AHD
'COMMEACIAL' YlITH 'CONSERVATION OVERLAY" (ON THOSE AfFEClED AREAS) AS OEPKTED ON EXHIBIT 'r;
PROVIDING FDA THE REPEAL OF PRIOR IHCONSISTENT ORDINAHCES AND RfSOLunONS, SEVWBILllt
INCDUOI.lTION INTO THE COMPREHENSIVE PUN, AND AN EFFECTIVE DATI. IS.. MAP bolow, SiI. '1', lor 11<DIion)
ORDINANCE NO. 2007-05
AN ORDINANCE OF THE an COMMISSI~ OF THE an OF WINTER SPRIIiG~ FLORIDA, OtANGING THE Z~ING
MAP DESIGNATION OF THE REAl PAOPERTY CONmTUTlNG A PARCEL TOTAUNG L8 ACRES MORE OR LEIS.
GENWLlY LOCATED ALONG WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND LEGALLY DESCIlBED ON
EXHIBIT '/( ATTACHED HERETO; FROM SEMINOLE COUNTY 'A-3'1O em OF WINIR SPRINGS 'C-1 NElGHBORlWOO
COMMERCIAL'; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT OIlOlNAHCES AND RESOLIITIONS,
SEVERAlILllt AND AN EFFlClIVE DATE. IS.. MAP b.low, Si~ '.', fa< i"atlon)
ORDINANCE NO. 2007-09
AN ORDINANCE OF THE an COMMISSION OF THE cm OF WINTER SPRINGS, SEMINOLE coum fLOIIIl4,
AII0PTING A SMALL SCALE COMPREHENSIVE PUN AMENDMENT BY CHANGING TIfE fUTURE lAND USE MAl
DEgGNATlON Of THE REAl PRDPERTY CONSTITunNG ONE (I) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND
LOCATED AT 1740 DELEON STllEET IN WINTER SPRINGS, FlORIDA, AND MORE PAfllCUWLY IlfPICTEIl AND
LEGALLY DESCRiBED ON ElHIBIT 'A' ATTACHED HERETO, fROM SEMINDLE COUNTY 'RUW-3'1O an OF WINTER
SPRINGS 'RUW RESIDENTIAL' WITH 'CONSERVATION OVERLAY'ION THOSE AmClED AREASJ; PROVIOlNG FOR .
THE REPEAl OF PRIOR INCONSISTfNT ORDINANCES AND RESOLunONS, SEVEIlABILIT( INCORPOIlATlON INTO THE .
COMPREHENSIVE PlAN, AHO AN EFFEmVE DATI. {Stt MAP b.~w, SiI. 'T, lor ioollionl
ORDINANCE ND, 2007.15
AN ORDINAHCE OF THE cm COMMISSIDN OF THE em OF WINTER SPRING~ FLORIDA, CHANGING THE ZONING
MAP DEgGNATlON DFTHE REAl PROPERTY CONSTflUTlNG ONE (1) PARm TOTAUNG 4J2 ACAES, MORE OWlS.
AND LOCATID AT 1740 DELEON STREET IN WINTER SPRINGS, FLDRlOA, AND MDRE PARllOlWLY DEPtCTEll AND
LEGALLY DESCRIBED DN' EXHIBIT 'A' ATTAOtED NERETO, FIlOM SEMINOLE COUNTY 'A-3' Tg em Of WINTER
SPRINGS 'R-Cl SINGLE FAMILY DWELLING'; PROVIDING FOl THE REPEAl OF PRIORINCONgSTENT ORDINANC5
AND RBOLunONS, SEVEIlABILlT( AND AN EmmVE DATE. (St. MAP boIow, Silt '2', lor I'ClllIaoI
OIOINANCE NO. 2D01.ID
AN ORDINANCE OF THE an COMMISSION OPTHE cm OF WINTER SPRlNG~ FI.OIIIl4, ADOPTING A SMAll. SCALE
COMl'RfHEHgVE PlAII AMENDMENT BY OIAIIGING THE FUTURE lAIIO USE MIl DESIGNATION OF THE WI.
PROPERTY CONmTUTlHG ONE III PARCEL TOTAUNG 1.6 ACRES, MORE OR LESS, AHD LOCATED AT lDl CRESS tuN
IN WINTER SPRINGS, FLORIDA, AND MORf PARTlCUURLY DEPICTED AHO LEGAllY DESCIlBED ONEXHIIIT "A'
ATTIOIEO HERETO, FROM SEMI HOLE COUNTY 'RUW-3'1O em Of WINTER SPRINGS "RUW RESlOENTW.' WITH
'CONSERVATlDN OVERUr (ON THOSE AfFEClED AREASJ; PROVIDING fOR THE lEft.lI. Of PAlOlIHCOHSlSTElfT
ORDIIWICfS AHD RESOLIITI~S, SEVlIWlILlT( INCORPOIlATlON INTO THE COMPRElIENSIVE PllN, AHD AN
EFfECTM DATE.(Stt MAP bolo., Silt '3', lor I,eotion)
ORDINANCE NO. 2007..'
AN OIDINANCE OF THE cm COMMISSION OF THE cm OF WINTER SPRINGS, FLORIDA, CNANGING THE ZOHING
MIl DESIGNATION OF THE WI. PROPERTY cONmUTING ONE (1) PAlCEL TOTALING 1.I ACRES, MDRE 01 LESS.
AHD LOCATID AT 201 CRESS RUN IN WINTER SPRINGS, FLORIDA, AHD MOlE PARTlCUURLr DEPIClEll AND
LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO; 1'lOltsEMlNDLE COUNTY 'A-3' TO em DF WlNTEI
SPRINGS 'R.Cl gNGLE.fAMILY DWELLING'; PRDVIOING FOR THE REPEAl OF PRIOR INCDNSISTENT OROlHANCES
AND RESOLUTIONS, SEVEIlABlLlT( AHD AN EfFEClIVE DATE.(Stt MAP boI.., 511. '3', 'or ioolt~nl
LotOtlonMop
PUBLIC NEARINGS
FOR SECOND READING I AIIDPTIDN
WILL BE HELD ON
MONDA~ JUNE 25,2007 AT 5:15 eM.
OR lOON THEREAFTER IN TH! COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS arr HAlL
112' EAST STATE ROAII 434
WINTER SPRINGS, FLORIDA
Th. propoud ordinonw may be oblam.d by Inl.rlSted pOl1ilS bltw... B G.m_ and 5 p.m., Monday tRl1IUih Fridalr, II
Ih. Q~', CI"k', omce, ioolt.d at 1126 E. SR 434, Winl" Sprl.I', Rond.. For molt Inlormatf.n, ceU(401) 371-18011
/in7. PIlSON with c1i5obilltits RMding ossistcnte: to portkipat. in Ofty of Ih..-procttdinas should rontDcf till
Emplo,.. Relations O.pllrlmlflt(OlIrdinotor, ~8 hOllrs in adVllnte of IbtlM.liQI at (407) 321.1800. #236. ThtSI en
PUbrK hlClringL Inl.rfSltd parties all advised thilllh" may upp.ar 01 tA, IIIHtinl and b. Ittard wi'" ,.,.. II..
propostcl ordioonws.lf you dtcid. to .PPIGI OilY rKOmmudafion or dttislolll'lCld. br" 0Iy Commissiol "'*' rtSpId
tooIlJlftIIlMrtoosid,rtdatdlisrnMling,yauwUlnltdorlcorclolthtprotltdlngs,ondtorsuchplKJOS1tS.}'lHI1IICIf
nl.d to t"sun thGI a v.rbatlm "cord of lh, pro<Iedings is mod. UpOft wbldt Ih. appeal Is based.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MA Y 2, 2007
PAGE 12 OF 13
PUBLIC HEARINGS
506. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2007-16 Which Rezones 1.6 Acres, More Or Less, Located Immediately
West Of DeLeon Street At 201 Cress Run From (Seminole County) "A-3"
Agricultural To (City Of Winter Springs) "R-C1" Single Family Dwelling District"
(Minimum Lot Size- 1 Acre).
Ms. Sahlstrom presented this Agenda Item and said, "This is a City initiated Zoning
request and the property owner was notified by 'Certified' mail as well as adjacent
property owners and [Seminole] County. We evaluated the Request based on the
fourteen (14) Code requirements and found that it was in Compliance and we, therefore,
recommend the change in Zoning and there again, it does not affect the property owners
rights to continue under the fifteen (15) year Development Order and so, therefore, Staff
does recommend that the Planning And Zoning Board hold a Public Hearing for
Ordinance 2007-16 and make recommendation of Adoption to the City Commission
changing the Zoning to 'R-Cl' Single Family [Dwelling District]."
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.
"I WOULD LIKE TO MAKE A MOTION SINCE THE FOURTEEN (14)
REVIEW STANDARDS HAVE BEEN SATISFIED. I WOULD LIKE TO
RECOMMEND APPROVAL FOR ITEM '506' AS PRESENTED." MOTION BY
VICE CHAIRPERSON TILLIS. SECONDED BY ADVISORY BOARD MEMBER
RYSER. DISCUSSION.
VOTE:
BOARD MEMBER BROWN : AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
Ms. Sahlstrom said, "We did Transmit the 'Letter of Understanding' to the State and we
did Transmit the Water Supply Plan and Amendment. So, we are waiting to hear back
from the State on that."
ATTACHMENT E
ORDINANCE 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
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "A-3" TO CITY OF WINTER SPRINGS "R-C1
SINGLE-FAMIL Y 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 ofthe 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
SUppOltS the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2.
Zoning Map Amendment. That the Official Zoning Map of the City of
City of Winter Springs
Ordinance No. 2007-16
Page 1 of 2
~,.
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "A-3" to City of Winter Springs "R-C1
Single-Family Dwelling" 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 2007-10 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-10 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:
City of Winter Springs
Ordinance No. 2007.16
Page 2 of 2
~""
EXHIBIT A
Ordinance 2007-16
RESS
ST.
s\\;
Parcel # & LeQal Description:
03-21-31-300-0040-0000 LEG SEe 03 TWP 21 S RGE 31E E 245 FT OF S 385.75 FT OF S 2/3 OF
N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT & RD)
ORDINANCE 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
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "A-3" TO CITY OF WINTER SPRINGS "R-C1
SINGLE-FAMILY DWELLING"; 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 ofthe City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby finds the requested change consistent with the
City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2.
Zoning Map Amendment. That the Official Zoning Map of the City of
City of Winter Springs
Ordinance No. 2007-16
Page 1 of 2
,
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "A-3" to City of Winter Springs "R-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 5. Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2007-10 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2007 -10 does not become effecti ve,
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 25th day of June ,2007.
I/J~
a Lorenzo-Luaces, City Clerk
Approv as to legal form and sufficiency for
ty 0 Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: May 30, 2007
Second Reading: June 25, 2007
Effective Date: See Section 5.
City of Winter Springs
Ordinance No. 2007-16
Page 2 of 2
;
EXHIBIT A
Ordinance 2007-16
ST.
Site
Parcel # & Leaal Description:
03-21-31-300-0040-0000 LEG SEe 03 TWP 21S RGE 31E E 245 FTOF S 385.75 FT OF S 2/3 OF
N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT & RD)