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HomeMy WebLinkAbout2007 09 10 Public Hearing 506 2nd Reading and Adoption of Ordinance 2007-14 CITY COMMISSION ITEM 506 September 10,2007 Meeting REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for 2nd Reading and Adoption of Ordinance 2007-14 which rezones 29.3 acres (more or less), located immediately west of DeLeon S1. 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-Cl" (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 Sprill!!s Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances) . Winter Sprin2s Section 20-26. Intent and purpose. Winter Sprin2s Section 20-27. City commission authority. Winter Sprin2s Section 20-28. Due process; Special notice requirements. Winter Sprin2s Section 20-29. Applications. Winter Sprin2s Section 20-30. Staff review. Winter Sprin2s 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 September 10, 2007 City Commission PUBLIC HEARING AGENDA ITEM 506 Page 2 of6 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 adj acent 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 Sprines 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 ofthe principles of zoning). Florida Municipal 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 September 10, 2007 City Commission PUBLIC HEARING AGENDA ITEM 506 Page 3 of6 April 17. 2007- Adjacent property owners within 150' notified by regular mail April 19. 2007- Public Noticing in Orlando Sentinel of LP A Public Hearing May 2. 2007- LPA 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 1 st Reading May 29. 2007- City Commission Public Hearing for 1 st Reading of Ordinance 2007-14, rezoning the property to "R-C 1 " Sept. 2.2007- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption 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 I 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 J.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 31E N 2/3 OF S % OF E 12 OF SW V. OF NW V. (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S TOAPTW OFBEGE 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 J.D.: Property Acreage: Property Legal Description: 217 CRESS RUN; OVIEDO 32765 Donald E. Weaver, Trustee 844 Lake Mills; Chuluota, FL 32766 03-21-31-300-004C-0000 1.37 SEe 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF 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 FT) 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 Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: PARCEL 'C' Property Address: Property Owner: Owner's Address: Property Appraiser Parcel J.D.: Property Acreage: CRESS RUN; OVIEDO 32765 Donald E. Weaver, Trustee 844 Lake Mills; Chuluota, FL 32766 03-21-31-300-0090-0000 19.1 September 10, 2007 City Commission PUBLIC HEARING AGENDA ITEM 506 Page 4 of6 Property Legal Description: Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: SEC 03 TWP 21 S RGE 31E W Y, OF SW If. OF NW If. Agricultural- Ornamental Nursery Plant Material "A-3 Agricultural 3-Acre" (Seminole County) "Rural-3" with "Conservation Overlay" (Seminole County) "Rural Residential" with "Conservation Overlay" (Winter Springs) Chronology of Subiect Property - 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 I A-3 Agriculture (SC) in Winter Springs A-3 (SC) in Winter South Generally Undeveloped A-3 (SC) __.___________________.____ -.ill Wil!.!er Spring~__ Light Manufacturing/Agriculture A-3 (SC) -----------_._--~----_..__.- Single Family Residential R-l (WS) Residntl East West (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 ofthe 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 subj ect property is not in the area restricted by the Urban/Rural Service Boundary. Proposed 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 - The property owner is opposed to the change. 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. September 10, 2007 City Commission PUBLIC HEARING AGENDA ITEM 506 Page 5 of6 (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-Cl 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 are also being considered for "R-Cl" zoning. (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 Necessarv- 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 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 / 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'. September 10, 2007 City Commission PUBLIC HEARING AGENDA ITEM 506 Page 60f6 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 2nd Reading and Adoption of Ordinance 2007 -14 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). IMPLEMENTATION SCHEDULE: Sept. 10,2007- City Commission Adoption Hearing for Large Scale Comprehensive Plan Future Land Use Map Amendment (Ordinance 2007-07) If adopted, Ordinance 2007-07 will become effective after 21 days of the issues of "Notice of Intent" by the Florida Department of Community Affairs to find the large scale comprehensive plan amendment in compliance. [ref: 163.3184 (lO)(a) F.S.] The effective date of Ordinance 2007-14 is contingent upon the above referenced adoption and effective date of Ordinance 2007-07 (Large Scale Comprehensive Plan Future Land Use Map Amendment). ATTACHMENTS: A- Noticing in the Orlando Sentinel B- Minutes from the P&Z I 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: ATTACHMENT A ~ ~ .. r or. .. l!. ULTRASOUNDTESTS OF THE HEART & ARTERIES Oi ... x c ~. c ~ - -~ ~ r ~- f-'- -." I. ~y ~ - -.'. , ~ '(., ~ : , -- -----.: .:-~. ~ -< :-< 8 ... lCi Heart Attack ~revention Package. Echocardiogram c) EchOcardiogram is a video ultrasound of the h~rt,lt may detect enlargement of Ultrasound Test the heart. valve abnormalities, blood clots and tumors. Electrocardiogram c) EKG may detect ischemia, silent heart attack and atrial fibrillation: EKG (EKG) Test provides a picture of the electrical ' activity of the heart Hardening of [) Hardened arteries cause the heart to the Arteries work harder, which leads to vascular disease, ASl test shows the degree of '(ASITest) hardening of arteries. ALL 3 TESTS .. These cardiac tests are painless and non- invasive.Their combined cost is more than S 1,300 at most hospitals. Stroke & Aneurysm Prevention Package Stroke/Carotid Artery Ultrasound Test [) Many strokes are associated with blockages in the carotid arteries that ' may be detected with an ultrasound. - , I.. . .' ., Abdominal aorticaneurvsms form as a NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CfTY COMMISSION OF THE CfTY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE NO. 2007-06 AN ORDINANCE Of mE cm COMMISSIOH Of 1HE cm OF WINTER SPBlNGS, SEMINOLE COUNTY. R.ORIM RElAOO 10 COMPREHENSM PlANNING: SETIlNG FORm AND AllOPTlNG A lARGE SCALE COMPREHENSIVE PlAN AMEIIlMENT; PROVIIlING FOR AOOI'TlON Of AN AMENlMENT 10 1HE RI1VRE Lm> USE MAP fN DESIGNIJIIG CEIlTAIN REAL PROPERlY W1TliIH lHE CfIY Of WINTER SPRINGS GENERALlY OESCR1BEO AS 1WO (2) PARCELS Of LWl, CONTAIlING 28.9 GtlOSS ACRES, MORE OR LESS, AND lOCAIDI GENEIW.IY AT 1HE SOUTHWEST CORNER OF THE IHTElISECTlOH Of DB.EOO STllEET AND HOWARD AVENUE, MORE PART1ClJLARLY DEPICTED AND I.EGALlY DESCRIBED HEREIN IN EXHIlrr ~" ATTACHEO HERETO. fROM SEMINOlf COlMY "RURAL-3" TO CI1Y OF WINTER SPRINGS "PUBUClSaI-PUllUC" Wl1H "CONSERVAllOH OVERLAY" (ON THOSE AFFEC1EO AREAS); PROVIDING AN EFFECTIVE OATE ANO LEGAL STATUS OF THE PlAN AMENlIENT; PROYIlING FOR lRANSMITTAl Of THE PlAN TO mE DEPARTJ.4ENT OF COMMUMTY AffAIRS; PRlMllNG FOR 'lHE"REPEAl Of PRIOR INCONSISTENT ORDINANCES AND RESOLlITlON:S. SEVERABIU1Y, AND AN EFfECTIVE DAlE. (See MAP below. SIte '1', k1r 1ocaIlon) ORDINANCE NO. 2007-07 AN ORDINANCE OF THE cm COMMISSION OF THE cm of W1NTBI SPRINGS, SEMII<<lLE COUNlY, FlORI1lA. RElATING TO COII'REHENSIVE PlANNING; SET11NG FORTH AND AIlOl'I1NG A lNIGE SCAlI CDMPRatENSNE PlAN AMENiMENT; PROVIllNG fOR AllOl'llON Of AN AMENDMENT TO THE FUllJlE LWl USE MAP fN DESIGNATING CEATAIl REAl PROPERlY'MTHIN lHE CfIY OF WINTER SPRINGS GENERAllY DESCRIBED AS THREE (3) PAACELS Of LWl, CONTAINING 29.3 GROSS ACRES MORE OR LESS, AND lOCATEO GENERAllY ON THE WEST SIlf !if DElEON SlREETAT CRESS RUN, MORE PARTlClJI.ARIY DEPICTED AND LEGALlY DESCRlBEO HEREIN IN EXHIBfT"A," ATTACHED HERETo. fROM SEMINOlE COUNTY"RIJW.. -3" TO cm Of WINTER SPRINGS "flURAL RESIOENTJAr WITH "CONSERVATION OVERLAY" (ON THOSE AlHCTED AREAS); PROWlING AN EFFEC1M DKTE AND l.E6Al STATUS Of THE PlAN AMfIIJIENT; PROWlING fOR lRANSMITTAL Of 1HE PlAN 10 THE DEPARTJ.4EHT OF COMMUNm AffiIIRS; PR<MOING FOR THE REPEAl Of PRIOR INCONSISTENT ORDINANCES AND RESOll/11ONS, SEVEIWlIUlY, AND AN EFFEClM DATE. (See MAP below, SIte '2', k1r kIca1ion) . ORDINANCE NO. 2007-09 AN OROINANCE OF THE cm COMMlSSION. OF 1HE cm Of WINTER SPRINGS, SEMINOlE COUIITY. fU'lRIOA, AIJOPTlNG A SMAll SCAlE CllMPREHENSIVE PlAN AMENDMENT fN CHANGING THE FUTURE lAND USE MAP DESIGNATION Of 1HE REAL PROPERlY CONSlTIl1ltlG ONE (1) PAReB. TOTAlING 4.32' ACRES, MORE OR lESS, AND lOCAIDI AT 1740 OElfON STREET ,IN WINTER SPRINGS, RDRIIA, AND MORE PARTlCULARLY DEPIC1El ANO LEGAUY DESCRIlEO ON EXHIBIT .,." ATTACHED HERETO, fROM SEllNOLE COUNTY "RURAl~ TO CfIY Of WINTER sPRINGS "R00Al FlESIlfNTW.' Wl1H "CONSElIVo'J1ON OVERLAY" (ON THOSE AlHCTED AREAS); PROVIIlNG fOR 1HE REPEAl Of PRlOR INCONSISTENT ORIllNANCES AND RESOlIJT1ONS, SEVERAllUlY. INCllRPORAT1OH.INTO fHE COMPREHENSIVE PLAN. AND AN EFFECTIVE DKTE. (See MAP below. SIte '2', for 1ocIlIon) ORDINANCE NO. 2007-10 AN OROINAHCE Of THE CfJY COMMISSION Of THE cm OF WINTER SPRINGS, R.ORIDA, AIJOPTlNG A SMALl SCAlE COMPREHENSIVE PLAN AMENDMENT fN CHANGING THE RJlURE lAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTAlING 1.6 ACRES, MORE OR lfSS, AND LDCmD AT 201 CRESS Rill IN WINTER SPRINGS, R.ORIOA, AND MORE PARTlCUlARlY DEPICTED AND LEGAUY DESCRIBEIl ON EXHIBIT "A" ATTACHED HERETO, fROM SEMINOlE COUNTY 'RURAl-3" TO cm Of WINTER SPRINGS "RIJW.. RESIlEKl1AI: Wl1H "CONSERVATION OVERlAY" (ON THOSE AFFECTED AREAS); PIIOVIDtNG fOR THE REPEAl Of PRKIIllNCllNSISTENT OROtNANCES AND RESOlUllllNS, SEVEIWlIlIlY.INCOIll'()MTlON IHIO THE COMPREHENSIVE PlAN, AND AN EFFECTIVE D,IJE, (See MAP below, SI8 '3', for location) ORDINANCE NO. 2007.14 AN ORDINANCE Of THE cm COMMISSION OF THE CI1Y Of WINTER SPI\lNGS~ FLOIIIlA. CHANGING THE ZONlNG MAPDESIGNATIllN , OF THE Ru,l PROPERlY CllNS1lTUTING THREE (3) PAR:ELS TOTALWG 29.3 ACRES, MORE OR LESS, AND lOCATED GENBW.lY ON THE WEST SIDE OF DillON STREET AT CRESS RUN IN WINTER SPRINGS, R.ORIOA, AND MORE PAI!llCl/lAALY DEPICTED AND , LEG.&uY DESCRtBEtl ON EXItIlIT "A' ATTACHED HERElO, fROM SEMINOlE COUNTY "A-3" TO cm Of WW1ER SPRINGS "R-tl SINGLE FAMILy OWELLING"; PROVIDING FOR THE REPEAl Of PRIOR; INCONSISTENT ORDINANCES AND RESOlUTIONS, SEVERABIlITY. AND AN EFfECTIVE OATE. (See MAP below, SIte '3', b' kIca1ion) , ORDINANCE NO. 2007-15 AN ORDINANCE OF THE cm COMMISSION OF 1HE cm OF WINTER SPRINGS, flORIIA. CHANGING 1HE ZONING MAP DESIGNATION OF THE REAL PROPERlY CONSllTllTlNG ONE (1) PARCEl lOTAUNG 4.32 ACRES, MORE OR LESS, AND LDCATED AT 1740 DElfON STREET IN W1NTBI SPRINGS, R.ORIDA, AND MORE PAIlTICUlARLY DEPICTED AND LEGALlY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, fROM SEMINOLE couNTY "A-3"1O cm OF W1NTER SPRINGS "R-tl SINGl.f FAI,lLY DWELLING'; PROVIJING F<Il THE REPEAl OF PRIOR INCONSISTENT OI\lllNANCfS AND RESOLl1T1ONS, SEVERABIqTY, ANO AN EFFECTIVE DATE. (See MAP below, SIte '4', for location) . ORDINANCE NO. 2007-16 AN ORDINANCE Of THE cm COMMISSION Of 1HE cm Of WINTER SPRlNGS, R.ORIOA, CIlANGlNG THE ZONING MAP DESIGNATION OF 1HE REAL PROPERlY CONSmunNG ONE (1) IW)CB. TOTAlING 1.6 ACRES, MORE OR LESS, AND LDCAIDI AT 201 CRESS RUN IN WINTER SPRINGS. R.ORIOA, AM> MORE PARTlCl1.ARLY DEPICTED ANO LEGAllY DESCRIBED ON EXHIBIT "A" AmOiED HERETO, fROM SEMINOlf COUNTY 'A-3" TO CI1Y Of WW1ER SPRINGS "R-Cl SlNGLE-fAMIlY DWEWNG'; PROY1OING F<Il,THE REPEAl OF PRIOR INCONSISTENT ORDINANCES AND RESoLl1T10NS. SEVERABIUlY, AND AN EFFECTIVE DATE. (See MAP below, Sib! '4'. for Iocationl : Aneurysm I est L-f artery wall that may be detected with an (4-hour fast required) ultrasound. Blood Circulation c) Many adults aver 55 have leg cramps (Arteriosclerosis) due ta poor drculatian. ABI screening Test measures extremities far peripheral arterial disease. .~ " h . ,.,> I)) These vascular tests are paln~ i!nd . ALL 3 TESTS nan-invaslve.Their cambinl!(tcast ~ more than $1.000 at most h9spitals. + ~:~~~AIR. Resllts are interepfeled by board certlfied physicians Mlh specialties i1 cardiology, echocardlography, and vas..... &Orgel)!. Caporale programs are available. ~ ORI.ANDO Onnge County May 18th Quality 1M Ind Suites ItIM FI-. Mall a700 S. Orange Blossom Trt. ORLANDO May 31st South OrlMdo YMCA . Bl.fW.aakridg. Rd. WINTER GARDEN June 7th Roper YMCA 100 Windermere Rd. ~Inoleco~ OVIEDO May 23nj' June 161h Walgreons . B5 E. MllcheN Hammock Rd. AU'AMOMTE SPRINGS May21st . WIlgreens 200 W.Stal. Rd.436 LAKE MARY May 29th Lob Mary YMCA 665longwood Rd. -1. WINTER SPRINGS May 30th WIlgreens 401 W. State Rd.434 LONGWOOO Jun. 12th Comfort Inn_ Confennce Center North 202S W. 51 434 APOPKA Jun. 13lh Walgreen. 12SE. Main APPOINTMENTS ARE NECESSARY!!! Call Toll-Free 1.888.822.FAIR(3247) www.healthfair.com ORLANDO May 19th June 19th Walgreen. 6651 Old Winter Garden Rd. OIILANOO May 25th June 6th FJ-. Hospital Church 2800 N.0r3nge Ave. ORLANOO. June'l4th Walg...... 8000 Uk. UnderhUl Rd.' ORLANDO June 8th '11M LexingtOn Hotel 304 W.Colonlal Or. WINTER MRK June 14th Redeemer Luthenn Church 3377 AJoma Ave. LAKE MARY May 25th WaIgNen. 1201lnt.mationa' P\wy. S' ~IaCou~ Ia'SSIMMEE June 7Ih .w~ 8400 W.lrIo Bronson AU'AMONTE SPRINGS June Sth hlIyTotaI FlInoss 733 W. 51at. Rd.436 ~keCou~ OSIMOHT May 30th Hampton 1111\' 2200 E.Hwy.50 lEES8URG MT.DORA June 6th Jun. 9th Walg_ HaltlptolllM 2010Cltrus Blvd. 19700 Hwy.44i. OVIEDO June 15th OvMdoYMCA 7900 Red Bug la~ Rd. PUBUC 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 I 1126 EAST STATE ROAD 4.34 WINTER SPRINGS, FLORIDA , ;"1 ., wi ;"';,1 ~, >. The proposed ordinances may bo.obl3il1ed by ln1eres\ed par1Ies between 8 am. and 5 p.m., Monday1l1~friday, IIt1eCly'sC~ Ilftlce, located at 1125 E. SR 434, Wlnlet Springs, Aori~ For 1IlOII inIotmaliocl, c.aI (407) 327-1800 #'lZI. ~ wI1h IllsaIft!S; . ~>ll assistance to ~ate k1 any of 1/lese proceedings $!Wd _tie Employee Relations Depar1meI1l 000nInaIDf, 4811cxn< In advance of 1110 me.ting at (407) 327-1600, #236. These are pubic~ InIBlOS1ed parties are lIlIVIsed1hal1hey may appear at tie meeting and be heard wilh respect to the prOP,Osed ordilances. n yoo dec~ 10 appeal ~ IeC()l1Ill8Ilda tJIl1ecis1on Ill. by tile; CIly Convnlssi6n wilh respect to any matter considered at this merinO, yoo'wtll neeil a record 0I1he ~ and lor sucI'1' 1lUfPIlS8S' you may need 10 ensure !hilt a verbatim record of Il1e proceedings is made upon whlcllll1. appeal Is basid. . ...: . , , . , I , , , , . . ., .~ .:. 'I Of :l .. .. .a .. '"' '" o;:a .. .;.. .-,:A -, " ~. "-'1 ';~I -, . ., . ,o,jl ...... ,.,~ ".' ~, L NonCE OF CHANGES TO THE COMPREHENSIIlEPLAN AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WlLL HOlD . PUBLIC HEARINIlJ .. FOR SECOND REAOING'~ '.(OOPTION ON: ORDINANCE NO. 2OG1.ll6 AN ORDINANqE OF THE CITY COMMISSION OF T>lE CITY OF WINTER SPRINGS. SEMINOLE Cl<lii,n:,rFlORIDA, RELATING TO COMPREHENSIVE PLANNING: SET- TINGFORTli'''NA:'''OOPTlNG A LARGE SCALE COMPREHENSIVE PLAN AMEND. MENT: PROVIDiN!11<OR ADOPTION OF AN AMENDMENT TO THE FlJTURE lAND USE MAP BY DESlGNJ\TINGCERTAIN REAL PROpERTY WITHIN THE CITY OF WINTER SPRINGS !>ENI'JIAU.Y DESCRIBED AS TWO 12) "'RCELS OF lAND. CONTAINIIlI> 28.. GROSS ACRES, MORE OR LESS, AND LOCATED GENERALLY AT THE SOUTH- WEST CORNER 'O'F THE INTERSECTION OF DELEON STREET AND HOWARD AVENUE,'MOREfPARTlCULARLY DEPICTED AND LEGAL"" DESCRIBED HEREIN IN EXHIBIT ' HERETO, FROM SEMINOLE COUNTY "RURAL." TO CITY OF WlNTER \JBUCiSEMI.PUBUC" WITH "CONSERVATION OVERLAY" (ON fHOSe EAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS '.OF MENT; PROVIDING FOR TRANSMITTAl: OF THE PlAN TO THE " DECC>/olIlUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INe ~:"~,E:~~~ 1~~~~fNS. SEVERABIur.v, AND AN EFFEC. . ORDINANCE NO. 2OClNl7 AAC>'ADINANCE, OF THE CITY COMMISSION OF THE CITY OF WINTER SPRIIlI>S, '~r,:",~~~~~TY~.e;::}~1~~~M':.e:~~v:~~N= MENT; PROVlolNGFOR ADOPTioN OF AN AMENDMENTTOTHE MURE lAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THB CITY ,OF WINTER SPRIN!>S GENERALLY DESCRIBED AS THREE (3) PARCEfLS OF lAND. CONTAINING 211.3, GROSS ACRES MORE OR LESS. AND LOCATEfD GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN. ,MORE PARTICULARlY'OEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBJT"A,"ATT.!CHED HERCTO, FROM SEMINOLE COUNTY "RURAL.3".T0 CITY OF WINTER SPRINGS "R\JRAL, RESIDENTIAl." WITH "CQNSEAVMION OVERLAV" (ON THOSE AFFI'creo AREAS); PROVIDING AN EFFEC- TIVE DATE AND., LEGAL STATUS OF THE PlAN AMENDMENT; PROVIDING FOR TRANSMITTAL OFTHE PlAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PRO- VIDIIlI> FOR THE,REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS. SEVERASIUTY, AND AN EFFECT1VEOATE. (s.. MAP below. SIll '2', for locatlon) ORDINANCE NO. 2007.14 AN OROINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA. CHANGING THE ZONING MAP DESIGNATION OF THE REAl PROPERTY CONSTiTUtiNG THREE (3) PARCELS TOTAUNG 20.3 ACRES. MORE ORLE~S, AND LOCATED GENEfRALLY ON THE WEST SIDE OF DELEON S!l'REET AT CRESS RUN IN WINTER SPRINGS. FLORIDA. AND MORE PARTICULARlY DEPICTED AND LEGAU.Y DESCRIBED ON EXHIBIT "A" ATTACHED'HERETO, FROM SEMINOLECPUNTY"A-3"TO CITY OF WINTER SPRINGS "fl.C' SINGLE FAMI"" DWELUNG": PI\OVIDING FOR THE REPEAL OF PRIOR. INCONSISTENT ORDINANCES AND RESDLlJTlONS, SEVERABIL- ITY, AND AN EFFECTIVE DATE.,... MAP boJ!IW,!l'1o '2', lor '-don)' PUBUC HEARING FOR FIRST READING' TRANSM.ITTAL ON: C ORDINANCE NO. 2007.22 AN OROINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY. FLORIDA, ADOPTING A LARGE SCALE COIAPREHENSIVE PLAN AMENDMENT ESTABLISHING A PUBLIC SCHooL FACILITIES ELEMENT AND AMENDING THE CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAl COORDI- NATION ELEMENTS CONSISTENT WITH CHAlPTER 163. FLORIDA STATLlTES; PRO- VIDING FOR TRANSMITTAL TO,THE DEPARTMENT OF COMMUNITY AFFAIRS, THE REPEAL OF PRIDR INCONSISTENT ORDINANCES AND RESOLlJTlONS, SEVER. ABILITY, INCORPORATION INTO THE COMPREHENSNE PLAN. AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. PUBUC HEARINGS WILL BE HELD ON MONDAY, SEPTEMBER 10,2007 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 propOSlild ordinances may b. obtained by lrltatuled parti.s between 8 a.m. and 5 p.rn., Monday through Friday. al the City'. Cterk's Of lIce, ~at.d.111:ae E. SA "34. Winter Sponge, Florida. For mor.lnformation, call ("07) 321.1800 11227. Perlo", with d1sabJlI1les needing 8ulalanc8 to partlclpale In" any 01 Ih... proc..dlng. Ihould contac1 lhe Employee Aelaliol'l.' Oep.irtmenl COOrdlnalor, 48 hours In advallC8 or lh. meellng al (<407) 327-1800, #235. Thele are pubilc hearings. Intereiled partie. ate advlHc:llhat Ii'll'( may ."pp.ar.t Ihe meeting and be heard with respecllo the propoliedordlnanoea.lf you decide to appeal any tec:ommendatign or d8dslon made by lhe City CommlNlon with reapec:t \0 eny mattur eenaldered allhls meeting, you will need a record 0' the prOCMdlngs. and Ie, such purpose" you may need to enaure that a verbatim record of the proceedlngals made upon which the appeal Is based. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MAY 2, 2007 PAGE 8 OF 13 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 PAGE 9 OF 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-C1' SINGLE FAMILY DWELLING DISTRICT." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD 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 Future 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 A-3 Sit A-3 LEGEND ri~:tiil CN (SC) .. C-1 (WS) ~ Conservation CJ A-3 (WS) CJ A(OV) CJ A-1 (SC) CJ R-1A(WS) CJ R-1 (OV) R-C1 (WS) S.R. 434 A-3 FLORIDA R-1 A o 510 255 I 1,020 Feet D N Source: Seminole County GIS, City of Winter Springs, April 2007 - ATTACHMENT D Proposed Zoning - April 2007 A-3 Site A-3 A 255 510 LEGEND CI CN (SC) "C-1 (WS) ~_ Conservation c:J A-3 (WS) c:J A (OV) c:J A-1 (SC) c:J .R-1A(WS) c:J R-1 (OV) R-C1 (WS) S.R. 434 A-3 FLORIDA R-1 o I 1,020 Feet D N Source: Seminole County GIS, City of Winter Springs, 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-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 of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set fOlih hereunder and considered findings and advice of staff, citizens, and all interested patties submitting written and oral comments and supPOlting 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 substat1tial 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. City of Winter Springs Ordinance No. 2007-14 Page] 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 5. 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 Chmier. 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: City of Winter Springs Ordinance No. 2007-14 Page 2 of 2 ~h EXHIBIT A Ordinance 2007-14 ~II ';!i iD II HOWARO <I€ ~ , L- - - DELE N ST. - >;:- V_ ~-~ tp ~_ 1- ..... ~_' I- ~f' - : "= 61 1 I !I__ = Y I - ~- - 11'WJ.J.J.J.l.J' - :== ~ ~ r T'/ "- ~- 1lIIlTITIiITl1IIl ~- ~&~1~~34 Su bject Property RESS - '" ,",,,n" '-- ~ I \ r-<: L --.. ~ ~ s,~~\; I ^ 1 n Parcel #s & LeQal Descriptions: 03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF S v.. OF E Y, OF SW y.. OF NW y.. (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) 03-21-31-300-004C-0000: SEC 03 TWP 21 S RGE 31 E W 197 FT OF E 442 FT OF S 343.75 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 OF E 19 FT) 03-21-31-300-0090-0000: SEC 03 TWP 21 S RGE 31 E W Y, OF SW y.. OF NW y.. 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 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 ONEXlllBIT"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 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 suppOlting 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. 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 5. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2007-07, as adopted by the City Commission of th~ City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-07 does no~ became effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Ficrida, in a regular meeting assembled on this 10th d f September _,2C07. r ~ ~~=- --.Jotm-F;-Btts ,Ma-}'6t"" Sally McGinnis, Deputy Mayor And ea Lorenzo-Luaces, City Clerk I f to legal form and sufficiency for inter Springs only: Anthony A. Garganese, City Attorne First Reading: May 29, 2007 Second Reading: September 10, 2007 Effective Date: See Section 5. City of Winter Springs Ordinance No. 2007-14 Page 2 of 2 EXHIBIT A Ordinance 2007-14 ! I .j 1 I , j , DEL ; N ST. _ ESS Subject Property ----- --...... Parcel #s & Leaal Descriptions: 03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF S % OF E % OF SW 1,14 OF NW 1,14 (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S TO A PTW OF BEG E TO BEG & RD) 03-21-31-300-004C-0000: SEC 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343.75 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 OF E 19 FT) - - 03-21-31-300-0090-0000: SEe 03 TWP 21 S RGE 31E W % OF SW 1,14 OF Nvv 1,14