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HomeMy WebLinkAbout2007 11 26 Public Hearing 502 First Reading Ordinance 2007-25 Change Zoning Designation CITY COMMISSION ITEM 502 x November 26, 2007 Meeting MgJro~-#I!J=- REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2007-25, which changes the Zoning designation for four parcels, equaling 9.862 acres more or less, located at Florida Avenue and Lake Lucerne Circle from (Winter Springs) "C-2 (General Commercial)" to (Winter Springs) "PUD (Planned Unit Development)". PURPOSE: To consider the request of Engineered Homes of Central Florida to Rezone property on SR 434, from (Seminole County) "Rural-3" to (City of Winter Springs) for four parcels, equaling 9.862 acres more or less, located at Florida Avenue and Lake Lucerne Circle from (Winter Springs) "C-2 (General Commercial)" to (Winter Springs) "PUD (Planned Unit Development)". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sprin!!:s Charter Section 4.15 Ordinances in General. (procedures for adoption of ordinances). Winter Sprin!!:s Section 20-26. Intent and purpose. Winter Sprilll!:s Section 20-27. City commission authority. Winter Sprin!!:s Section 20-28. Due process; Special notice requirements. Winter Sprin!!:s Section 20-29. Applications. Winter Sprin!!:s Section 20-30. Staff review. Winter Sprin!!: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 thereasons for the board's recommendation and show the board has considered the applicable rezoning November 26,2007 City Commission Public Hearing Item 502 Page 2 of 5 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. Ifthe 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 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; (10) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (11) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (12) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Winter Sprin2s Section 20-57. The planning and zoning board shall serve... to recommend to the city commission the boundaries of the various original zoning districts... and any amendments thereto... act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. Euclid v. Amber Rea/tv Co. .272 U.S. 365 (1926) (upholdin2 the constitutionality of the principles of zonin2). Florida Municipal Home Rule Powers Act. November 26, 2007 City Commission Public Hearing Item 502 Page 3 of 5 CHRONOLOGY: June 12,2006- Adoption of Large Scale Comprehensive Plan Amendment changing the Future Land Use of the Dittmer property (PID# 33-20-30-503-0000-0250) to Medium Density Residential (Ordinance 2005-29). July 21, 2006- Adoption of Small Scale Comprehensive Plan Amendment changing the Future Land Use of the Elsea property (PID# 33-20-30-503-0000-025A) to Medium Density Residential (Ordinance 2006-06). July 21, 2006- Adoption of Small Scale Comprehensive Plan Amendment changing the Future Land Use of the Florida Avenue LLC property (PID# 33-20-30-507-0DOO-0100; & 33-20-30-507-0DOO-0900) to Medium Density Residential (Ordinance 2006-05). Sept. 12,2007- Rezoning application received. Nov. 7,2007- Local Planning Agency heard the request and made recommendation of Approval to the Commission. Nov. 26. 2007- 1st Reading of Ordinance 2007-25 CONSIDERATIONS: Applicant- Engineered Homes of Central Florida; 1155 S. Semoran Blvd., Ste 1118; Winter Park, FL 32792; (407) 571-4347; iporter@engineeredhomes.com Contract Purchaser - Keewin Real Property Company; 1 031 West Morse Blvd., Ste 325; Winter Park, Florida 32789; (407) 645-4400; ifolk@keewin.net Property Owners - Elsea Property- Victor H. Richardson, Jr.; Charles A. Richardson; Timothy W. Elsea; Dittmer Properties-Walt Dittmer, Jr.; & Florida Ave., LLC- Jon M. Hall Parcel Numbers - 33-20-30-503-0000-0250; 33-20-30-503-0000-025A; 33-20-30-507-0DOO-OI00; & 33-20-30-507 -ODOO-0900 Acreage - approx. 9.872 acres with vacated right-of-way or approx. 8.8 acres without right-of-way General Location - The site is located in the vicinity of Florida A venue and Lake Lucerne Circle and immediately west of the Winter Spring's Water Treatment Facility. Legal Description - see sketch descriptions, attached. Existing Land Use - Vacant and Vacant Homestead. Existing Land Zoning FLUM Uses Subject Vacant, Requesting (WS) PUD Medium Density Residential (WS) Site Vacant Homestead from (WS) C-2 ---...-............ - .-..........-.......--.............-..... ....-......----.........--......... North Vacant, undeveloped PUD (WS) Medium Density Residential (WS) --- South Vacant, undeveloped A-I (SC) Low Density Residential (SC) - ____.~m... East Wastewater & PUD (WS) Public/Semi-Public (WS) Reclaimed Water Treatment Plant - ......~..._...__......_-~_.~ West Vacant and Single PUD (WS) and R-IA Medium Density Residential (WS) Family Residential (SC) and Low Densitv Residential (SC) (WS) Winter Springs; (SC) Seminole County November 26, 2007 City Commission Public Hearing Item 502 Page 4 of 5 Development Trends - The subject property is part of the proposed Winter Place subdivision. Letters/Phone Calls In Favor Or Opposition - None to date. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (1) Compliance with Procedural Requirements- The proposed Rezoning change is in compliance with all procedural requirements established by the city code and law; Requirements for advertising the land use action have been met; (2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the city's comprehensive plan and the proposed change will not have an adverse effect on the comprehensive plan; (3) Consistent with any Master Plan for the property- The subject property is part of the proposed Winter Place subdivision and master plan; (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change from Winter Springs "C-2 General Commercial" to Winter Springs "PUD Planned Unit Development" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; The property has a future land use designation of Medium Density Residential along with the adjoining properties to the west, north and east. (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 is already zoned PUD. The subject property is part of the proposed Winter Place PUD development. (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) 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 N ecessary- The current Zoning is incompatible with the Medium Density Residential Future Land Use Map classification that was adopted in July 2006. Therefore the proposed Rezoning to PUD is necessary to make the Zoning consistent with the Future Land Use designation. (9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed Rezoning change will not seriously reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Property Values- The proposed Zoning designation has been determined by evaluating the prevailing character of the area around the subject property; (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; November 26,2007 City Commission Public Hearing Item 502 Page 5 of5 (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) Not out of Scale- The proposed Rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the city; FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. STAFF RECOMMENDATION: Staff recommends that the city Commission hold a Public Hearing for First Reading of Ordinance 2007-25, changing the Zoning classification on the subject property located in the vicinity of Florida Avenue and Lake Lucerne Circle from "C-2 General Commercial"(Winter Springs) to "PUD Planned Unit Development" (Winter Springs). PLANNING & ZONING BOARD / LPA RECOMMENDATION: At a regular meeting ofthe Planning & Zoning BoardlLP A on November 7,2007, the Board I Agency recommended unanimous approval of Ordinance 2007-25, with a vote of 4-0. TENTATIVE IMPLEMENTATION SCHEDULE: Nov. 29,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) Dec. 10,2007- 2nd Reading IAdoption of Ordinance 2007-25 ATTACHMENTS: A. Noticing in the Orlando Sentinel B. P&Z/LPA Minutes from Nov. 7,2007 C. Current Future land Use Map, November 2007 D. Current Zoning Map, November 2007 E. Ordinance 2007-25 including Location Map & Legal Description CITY COMMISSION ACTION: ATTACHMENT A .. SE SUNDAY. OCTOBER 28; 2007 . j 15 L :;. ~ .... 'Iorlda' 33410 . ,E PELL"'R E DUR...ND I. Richmond illinois 6061S lCIulre 6 001. 28, 2007 :OtJRT FOR ~ bTSI~:g~ 1II7-C14I01557.0 "illto: P,ob,ro /TORS llle estole 01 ' i, deceased, os March 20. 101 Sec~rllv Is pending In )range Caun- Divi,ien. Ihe 2l Narlh Or. ,do. Flarlde 'oddresse, ef enlallve's at. loW. leeedenl and <101m, or de. nts estate on notice Is re. Ind m~sl IlIe caur! WITH. 3 MONTHS E OF TH E )N OF THIS ,YS ...FTER lVICE O'F ... lOT ICE ON llle clec:edenf ~f!~~M~ . 7tJHf~N2~ FIRST PUB- NOTICE. . . SO FILED E PERIODS :TlON 733.702 , PROB'" TE FOREVER ; THE TIME lTH "'BOVE, :..oFl~OT~2J : OF DE...TH Ir.lion 01 Ihls ~SEHTATlm: lo T. Rodgers . Vallev Drive Florida 32179 rd .... Rodgers cal~~a~lv~l 0NAl' . .Ire l330 ,.nue 01 -4200 l<V21, 2S, 2007 "TION HW1G~~~n~W 11-1'30 ,0 thaI on ac. ~ 'I': r.rrili~~~ wit: 490 "'bba Irln;s, FlorIda, ~sMa~J~I~I~~ mlnale Caunlv, OJ "'lfanso ond :0. ?~~~t2~~7 "Id to serye 0 In defenses, if >liP. Gleasan, whose address . Orlanda. FI iember 15, 2007 with the Clerk belore service ~nev or imrne. ltherwlse 0 de- 'd against va~ ,d In Ihe com. r I, 2007 'c~1t J~~8hl,28. .ill Legal notices Public Hearing Notices C1TY OF WINTER SPRINGS LOCAl PLANNING AGENCY WILL HOLD PUBLIC HE...RINGS FOR ORDIIlANCE NO. IIlG7-Z1 "'N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. FLORID.... ...DOPTING A SMA~LSC"'LE FU. TURE LANDoUSE' P AMEND. MENT BY CH...NGI G THE FU. TURE L"'ND USEM"'P DESIG. .N...TION OF THE RE"'L PROp. ERTY CONSTITUTING PORTIONS OF TWO (2) PAR. CELS TOTALING 7.54 ACRES MORE OR LESS AND GENERAL. LY LOC...TED IMMEDIATELY WEST OF CHELSE... P...RC AT TUSC...WILL... SUBDIVISION IN 'K I 'iT~~~ R~ ~~~ I t a~~lit...y D~PICTED "'ND LEG"'LL Y DE. SCRIBED ON EXHIBIT ..... "'T. TACHED HERETO. FROM CITY ~tl~~1}.~1M,'~~I~~~c'Jl,E~rT~ CONSERV...TION OVERL"'Y,TO CITY OF WINTER SPRINGS 'MEDIUM DENSITY RESIDf' ,.n...L' WITH CONSERV...TI N OVERL...y; PROVIDING F ,R THE REPE"'L OF PRIOR INC N. 51STENT ORDIN...NCES AND F~~8~lj,T&~~~ I~ENV1~~~'L+~';i COMPREHENSIVE PL...N. "'ND "'N EFFECTIVE D...TE. OROtNANa: NO. 2007.25 AN ORDI. N...NCE OF THE CITY COMMIS. SION OF THE CITY OF WINTER SPRINGS" FLORID.... CHANGING THE ZONING. MAP DESIGN.... . ~~..tL OtR~~~~W~~~~Tf,A~~ LOCATED ...LONG FLORIDA AV. ENUE ...ND LAKE L.UCERNE ~IRCLE IN WINTER SPRINGeS. ,FLORIDA ...ND LEGALLY D . 'SCRIBED IN'-EXHIBIT 'A.' "'T. T...CHED HERETO FROM 'C.2 GENERAL COMMERCI...L' TO 'PUD PLANNED UNIT DEVEL. OPMENT'; 'ZONING CERT...,N RIGHT.OF.W...y LEGALLY DE. SCRIBED IN EXHIBIT 'N ...5 'PUD PL...NNEDUNIT DEVEL. OPMENT' UPON V...C...TION OF S...,D RIGHT-OF-W"'Y BY SEMI. NOLE COUNTY' PROVIDING FOR THE REPl:'ALOF PRIOR I NCONSISTENTORDINANCES ~~I~ l~i:2hgT~~~SFtfc~Tv~ D"'TE. P.M. OR COMMIS. THE WlfiR C1TY HAIL ac ~ SPRI~Gs.RWRIOA The agenda IlemJ mav be Insped. ed by Intere,ted PQrllO$ belween I Fc.1Tl and 5 p.m Monday. thravgh rldav/ 01 111. dfy's CI.rk's OHlc.. oealea al1\~ Easl Slale Rood. Ul. . ~1~~gJro'rinl:t'1 f18fld~7~~'m"7~ Persons with disabilities needing OJ,lslance 10 portfclPOte In ql1Y ql. Ihese proe.edl'Ws shaul.d contact" ~:nfg':i~jj~~lar~I~I~;P1~a~J: vance of Ihe meehng 01 (407)327. '1800. Exl.nslon 236. II yau'declde to appeal anv recommendation ~a~1J~vr;~ Lf'~la~la~~fe~~: ,rdered 01 'ltTs meetIng. you will need 0 recar.d 01 Ih. prac:eedlngs. ~d II'ci .~~t~e~~~a:e.:er~g~m'":'~ cord 01 the proceedings Is made ~pon wtlith llle appeal Is based. In- teresled parties ore advised thaI Ihev mav appear at the m.etlng and mav be heard wllh r.._1 10 lhe Ilrooosed ordinance Item. ' SLS526040 em Of WINTER SPRINGS LOCAL PLANNING AGENCY WILL HOLD PUBLIC HE...RING5 FOR OROINANCE NO. lOCH. ...N ORDIN...NCE OF ..HE CITY COMMISSION OF THE CITY OF WINTER SPRINGS... FLORID'" ...MENDING CH...PTeR 20, ZON- W...GNtls THER~OLo,.,;'~b OR% PL...NNED UNIT DEVE;LOP. MENT; ...MENDING THE DEFI. NITION OF GROSS RESIDEN. TI...L ACRE "'ND PROVIDING ... DEFINITION AND DENSITY ~8g. rRI6Vi8IN~~~e'~l\t~ ...r-.l ,...,.. P'U'l'^& UI"'^"IC~CT~~T ~a~~I~Yr~~~~g' :n'onrl:!.'lf.f~~: srdered at Ihls meelln;. you will need 0 recerd of lhe' prQ!:~lngs, ~~ I~ e~~tM"r:e:eJg~~~i: ~~ ~I~~elt\'e~~~~rrss~sse~.a~~ leresled POrtl.. ore advised Ihal Ih.v /llqy, appear al the meeting and may be heard. .-wlth rtslletlla Ihe. 'pfaj)Qsed ordlno. nce lIem.. . ..' SLS52'I503 .: .. 1~7 .N01)CE'Of PUBUCNJAAlHG. ~~~e ar.'leli~b~oU~~I\I~I;t~'(n~ t~:f ~WJ1.on 1~';!:,S:n:'t: Cllv Hall Council Chambers. 1600 Nela ...venue, Belle 'SIU' Florida 32809 01 whlcn meeting he lallow- Ing Ilem(sl wllllle ca.ns dtred: COll1ldtl.tici~ ., F1u1 P~P"'ol IOf 1934 MeCel Rood will" os 1IIIloN. of Bloello .ad r,. B.1tltI \rkSlbdivl- ;'::,::.c~ z~Iot..~ ''.%.:- know. u P~elID ,iIIL~lIl'lJJl-Ol_ owold ~, SIt B,'ajl ~o.iirUr ,.,... .,.rod ~. Mr. Jeleitllulr EI1teti ' , Should an~ r,rlQfJ ~lfIt 10 appeal . g~~~~t'~r~~'tj~r:~Gg~~hl~ . meellnG a verballm record 01 the f,roeeedlng, "Ialncl~~ .vldence or ~lm.g::~t~Cor.'Jc ",g~y~~~~~: :~'II~nlslo":r~~rJ':7~~bbli~~rg:,n~ ~a~jt~ ~ d~gril~~~I~~~r~d within the Americans With D,sabll. Itles "'cl. ne,d assislance 10 parlic. ~~I~~~tl~n'lr~e~~n8111~~a~I"I'~ Cllv Clerk 01 ~elle Isl. 01 407-851- 7730 at I.asl 24ha~rs In advance 01 Ihe meeting. Bel[nda' L. Baleman. MMC . City Clerk OLS5172'18 10128107 Sale Notices ~~ET~M~RJ~~'IM~~FRlJW IN "'ND FOR ORANGE COUNTY. FLORID.... CASt NO" 2lIII7.CA.-n.0 . DIYIslol17 fi"~RT' . ~MCAl'E'_S NOnCE OF SAlIi. Notice Is hereby ;Iven lnol pursll- anI 10 the Final J~dgmtnt 01 Fare- f~~~e c::.~ I S:f!I.;~~.26'rm~: Iy"sltual.d 111 ORANGE c!'alinly. . Florida. deICrlbed os: TO IN 1~7 ~~PM gruj~K ofkJo lt65 andavllle DrIve. Orlando, Florida J282.4 at public 101., 10 the highest and ~~Vnf~dro~r/,\'~~~srOc~~:l~~~~~ North Orange Avenu.. s~lI. 350. ~I~~~t ~~da. 01 n:GO ,'cI... ..... Anv person clalmin; an Interest In Ihe surplus Irom lilt sole. If anv. gl~~ ~~ ~~~n:rfl~~~d~~~e.::.u~~ file 0 claim within 60 davs oller Ihe sole. Doted 01 Orlllnda. Florida. this daY of QcII1l. 2007. LVdla Gordner Clerk of lhe Circuli Ca~rt (CIVIL COURT SEAL) Bv: Lacorsha Whitmore . DePUly Clerk If lO!I .re e _ with . dioQlIlly wbo IItide _dttI.. II ri, fG pac:tlcl- "... HI Ihil ...r.HlIIH. .... I,. iItitI,d . NOna: Of PUBUC SAlIi PERSON...L PROPERTY OF THE FOLLOWING TEN...NTS WILL BE SOLD FOR CASH TO S...TlSFY RENT"'L LIENS IN ACCORD. "'NCE WITH FLORIDA ST...T. ~~El/;f.Ek~c\1g~~~1.8~tS1h~ 83-807: . U.l,OCK-l'1 SElf .rrORAGE UNIT 404" ALAN JAetlsON PWMBINq, ; ~ . INC. / ALAN JAClSOn CONTENT.S MAY INCLUDE KITCHE~ HOUSEHOLD ITEMS. g~~W PA1UK~Gtf~~Rf8~~: FURNITURE. TOOLS.! CLOTH. Wt~RErf~gCKThL~Ar!b'R S'ETH1: CLES SOL AT LIEN S...LE. OWNERS RESERVE THE RIGHT TO BID ON UNITS. LtEN S...LE TO BE nON THE PREM. ISES ON BER~ AUto PM VIEWING ILL E AT THE TIME OF SALE 0 ;LY. U.LOCK. IT SELF STORAGE 3400 FOR. h~H ROAD WINTER P"'RK, FL. .01,~517257 1001, 28. 2007 NOTICE OF PUBLIC SALE _PERSONAL PROPERTY OF THE .. FOLLOWING TEN...NTS WILL BE SO~O FOR C...SH TO S...TISFY RENT"'L pENS IN ...CCORD. ~~5~ ~LFHSf6.?fd~'" STAT. F...CILITY "'CT. SECTIONS 83-801>, 83-807. PERSONAL MINI rIOllAGE FORSYTH UNIT'609 MICHAEL WANG UNIT , 3~ CHl~E JOHNSON tl~IU~ N.JitftM~EEW.l~~y UNIT' 234 SYVUTER V...RG...S C...RRERO . UNIT.934 DENNY CELESTINO S...NTI...GO UNIT'241 KEVIN SCOTT tON TENTS M...y INCLUDE Kl!C):!ENG HOUSEHO~D ITEMS. . gA~'EIN PA~'kG~A ~Rtg~~; FURNNuRE. T~OLj! CLOTH. ttU~RTl-~~'b"Tltt~' "J.f-VEHI. CLES SOLD ...T LIEN S"'LE. OWNERS RESERVE THE RIGHT rO 8.ID ON UNITS. LIEN SALE TO BE HELD ON THE PREMISES ON II/Ill/Ill II Z:GOPM . VIEWING WILL BE AT THE .TIME OF SALE ONLY. . P~RsON"'L M.INI STOR...GE F RsYfH 28 5 FO SYTH ROAD WINTE PARK, FL 32m 9LS518577 . 10121.28. 2007 -------SUit Notices f~J~fH CjBgY~l...fD~~!uq~ I ~cfu~~.f.OF't8llA{1Dlll GENERAL JURISDIC~ION Dt~ , WENo.n,. lb'tf.W ELECTRIC CAPITAl CORPORA. PlalntlH; vs. . ~urHi~"& Defe~anIS, NonCE Of ACTION TO: RELIANCE ENTERPRISES. LLC and BHAVESH RAMESH P.... TELf gasl '\rawn addresses: 522 ~ ranr Id.1 ~~70f.u \~~fldF o~i>& f~~,; Slreel, Wlnler Gorden. Florida ~~~:~k:"~~1S: J1M)a~~rt.~i address unknown. and 011 alher POrtles havln; or claiming 10 hove. anY.rlghl, 1IIIe or Int rest In the E. ~~'::1~lI:.O~ Color relal:ar~~ cessarles (0' Ide en Invai~e N~mber 372l79) d the E.SludlO 600A DI~lIal Copier Istrlal n~mber CQ...614362/ and rela .d accesserles (as Idenllled on Invoice N~mber' .405615) (callectlvelv referred 10 0' the ~ Eq~lpment:) . r~~W't.c~~EOay~:re Jlls~~ Ihe Plaintiff, GEN~"'L,lLEC- TRIC C...PITAL CORPORATION. se.klng to compel relaln permo' nenl ~Ion of lhe Equlpmenl arid lor damages resulting Iram lhe lall~re to make POvmenl. Y~ .. ..t... ~ .... ~_...._ .. ___.. .., . iil. Jhe original 01 Ihe written de. lenses with llle clerk el this courl either belare service or Immedlal.. Iy lhereafter. Fall~re Ie serve wril. len ~elense& os req~lred mav reo sull In 0 j~dgment or order lor the r.liel d.manded In Ihe aetillan, wlth~1 I~rlher nallce. WITNESS mY' hand and Ihe seel ef Ihls caurl on 9m~ 2007. MA YANNE MORSE As lerk 01 Ihe C~rl (CIRCUIT COURT SE"'~J BY~~IB~~u~y ~r:..~ SLS30m 10128. 1111. ~7' Miscellaneous Legals IN THE CIRCUIT COURT OF m:,.~bN~~dUo~~1JtEL CC6~~~'~: FLORID'" CASE NO. 4I'ZWl~ifo~'t IN RE: fORFEITURE Of 1998 MITSUBISHI ~1~~TJ:,.~eS31 P4WP007306. NOTICE OF FORFEITURE T. Hiram R: Ortlr. and 011 persens who claim on I~nlerest In the 1998 Mltsublshl ent...a. V I NI J...4LS31PoI-WPoo 306 selred on or abo~t 7/31/07 01. or aba~1 5725 S. ~~~af~~ r~rtpr~~~ar~~als ol~a~~: c~stady of Ihe Orlando Pollee D.pl. Anv owner. enlitv, bonaflde lIenhalder, or person In possession el the property when s.lred hos Ih. rl~~~~ar~e~~~II~n ~g~e~i~Ubr; ca~se d.lermlnaflen Iram the cIr- culi c~rt wllhln 15 davs afler Inl. 1101 recelpl of nollce bv sending 0 ~a'J~~~? Wll'e~~lfI~~ ~gn~s~:t~~~ recelpI r.qUtlled. ... pelltion for fori. I~re has been or will be liled In lhe above-stvl'd ca~rl. paM: t~~lA"J.5l'~~ Orlando, Police Deportment P.O. Bo. 913 Orlando. FlorIda 32802-W13 (407 J 246.246-4 Fla. Bar Na~ 0570321 I HEREBY camfY lnola tr~. and cor. recl copy 01 the faregaln; Notice of Farl.llure and a.lr~e and correct CoPV of lhe Petition for Final JUdg. ment of Forfeiture will' be mall.d by U.S. mall'<on the 19'day /)f Sep. I.mber 2007. 10 '011 persons enlllled 10 nallce. 0~S51B838 Lee Ann Freemon 1001. 28. 2007 . IN THE CIRCUIT cOllRT OF THE NINTH JUDICI...i' CIRClJIT. ~~0...Flt8l0R ORANG. COUNTY, CASE NUMBER: Q1.CA.tlm-O DIVISION NUMBER: 34 IN RE: FORFEnuRE OF $9.700.~ IN U.S, CURRENCY . '1l0tlCEOf FORfEITURE COMPlAINT TO: TRACEY rnwART 463Il S. KIRKMAN RO. ORLANDO. fl mn CHARUE MDDRE 2IIiIZl15 MAGNOLIA BLVD. NORTN NOllYWDDD. CA 11601 and all alhers who claim on Inter. esl In $9.790.00 In U.S. Cvrrency, which was ..Ired on or alloul Ihe 23rd dllV Of ...ugust. 2007, at or near 4630 S. Kirkman Reod. Oran;e Cauntv. Florida. Sold prapertv " Ih llle custodv el lhe Sheriff 01 Or. r:1f~rf~~~lbetn TIY~PI~lrri.~bJ~~: stvled Ca~rt. I HEREBY CERTIfY that Ihl. Netice Is being served p~rsoont to llle natice provisions 01 Florida Stal~tes 932.701.707. this 12 day of Oclaber. 2007. F~~r7~'lf~~ ~~~o~~\~ Assistant General Ce~nsel Orange Ca~nlY Sherill's Office ~eW~s~ec~i~raF'6:le~ Orlanda. F L 32804 1407) 25.c-7170 0121, 28, 2007 OLS523704 IN THE CIR~IT COURT Of THE NINTH JUDICI CIRCUIT. IN'AND fOR ORANG COUNTYj RDRIDA CASt NO. 48-2110 .CA.I3&44 NII'..nu MI L IN THE CIRCUIT COURT OF THE NINTH JUDICI...L CIRCUIT 2~ 6H~ 6k'" TolP.rGrLg~ \P~t ~~ FLORID'" GENERAL CIVIL DIVISION Cu. No. 2l107.CA-12114 Divisi.. 13 PAlAzzo OEl LAGO COMMUNITY OEVEl- OPMENT OISTRlCT. Plaintiff; v. ~~x~r.:~~2~ ~~~gtEtN OViN~ . ERS "'ND CitiZENS OF PA~"'Z. ~~e6~~~c;.~ cgm~~~~: 'p~: CLUDING NON.RESIDENTS OWNING PROPERTY OR SUB- m~~d~~I.TAX"'T10N THEREIN, NOTICE AND OROER TO SHOW CAUSE WHY SAID BONDS SHOULD N07 BE ~OATED AND CONFIRMED TO THE ST"'TE OF FLORIDA, ~~~Y T~&'Jt:n~5 ~fT~f.p~s OF P"'L"'ZZO DEL LAGO COM- MUNITY DEVELOPMENT DIS- TRICT. INCLUDING NON.RESI- DENTS OWNING PROPERTY OR SUBJECT TO T...X...TION THEREIN: b~~::g~"ri.~~ld~IMf~ll~m,uB:~~ Irlct'), having I led Its Camplelnt for Valldaflan 01 nol to exceed f~~i~d:r> ~~~c~~~~Yt~t g~:et o~ment Dr,trlcf 2aPllal Impreve. ment Revenue Bonds. in ane or :;'~:o~,e,;~efn (~~~ ',~gnd~'J{d qsg~! pralnt. and Ihe E'hl~f' ..!lached lhereta tho' the District has a.dapl- ~~a~c~.~I~~~B~:rsri~t'~~h~~: ~~r~ .:l1,::g~~~I~~:~G~~s, tfoJf~;:: ,Ing Ihe casls. 01 .acqulrlng, 'can. slrucling, and ,~uiPplng Ihe com. ~en~n~sra~rJ~e (a~Pd~Vi~~mr:~~fd comPlainllf and It alse appearing ~~gl'~"b~ s~i~ '2~;1~1~lr~~N:' hlbll, I1v Chapler 75 01 lhe Florida f~~\U\Vo ah',1~~VI~~~'f~m' rh~~ Court I..~ on order os directed bv said Chapter 75, and Ihe Ca~rl be. ~3yN~~iIt~o~ed In lhe premises. IT IS ORDERED lhal 011 taxpavers. ~~rrm,o~~~~I~~ ~~t~~mi~~m~ owning propertv or s~blecllo laxa. lion Ihereln. and lhe Stat. el Fiori. ~~,; wl~~~g~~ll1~l~lac!frtu?t~rrne~~d ~ I~~Q~ ~)l~I'tI'J~~~ a,pm'f. at Ih. hour /)1 ~1:30AM 01 sold day. belare Jooge George Sprinkel IV In ~~t?ci:l~g~r~~U~~M~~~I~o:J:~~~ Florida 32801. ~aunlv afbrange In f~~d p~~i~;~ grMh~~~~I~,~tr.,~ th. validation 01 IheBond'Jhould ~~ca:e3f~;~eM~~t~~ ~~t~~~ matlers sel larth In sold Cem. p~~ln;d '~O~~?d ~~~Ia~~~dat'd os W I~ fURTHER OROERE~ Ihal prior 10 the dote sel fer the hearing on ,aid . ~fny~a~~~W.~glld~~~f.' rco~~~ 1r.~~y~l~a8~q~~\"e~~~o?Y~ Orlanda Senllnel. 0 newsPOPtl: pOI>- IIshed and of r,.neral c1rc~laton In ~r,~~:I~ gl:tn2'.;,,\l~l~l~t It:r .,;g~~~ l~g I~) 1~~~se~1fv:a~~e~:'~o~~ meneln; wllh the firs! pub~callon which shall'nalbe lesslllan twenlv (20) daYS prior 10 the dote "I''far ~~~E'1Wdn3iloERED at the C';;rt- ha~se In oranxe Count" Flor-Ula, Ihls 27 dav 01 ~~r ~Sprlnkel'.IV C1rcufl C~rt.Jlidge Persons wllh dlsaallllies nfjgJng ~:~~~I ?~cg~Wp"c:l~nl~r 1~1s~':~: ceedlng should cenlact Co~ft -.Ad. mlnlslratlan at 425 Norlh Ora~ge ~~)g~i ~~I~~e~~neorlg11~JtJ8S6: ~l5~i~~"!r ~~f~r(\911~IJJ~!5~a~n: via. Florida Relav Servlcc. OLS523353 10121. 28. 2007 tN THE CIRCUIT COURT OF THE NINTH JUDICI...LClRCUIT, IN AND FOR ORANGE COUNTY, RORID...CASt NUMBER: 87-CA.l2ll1-O DIVISION NUM8ER: II IN RE: FORFEITURE OF 1998 CHEVY PICKUP. TRUCK VIN IGCCS19X2W8147587 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2007 PAGE20F9 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2007-25, Which Changes The Zoning Designation For Four Parcels, Equaling 9.862 Acres More Or Less, Located At Florida Avenue And Lake Lucerne Circle From (Winter Springs) "C-2 (General Commercial)" To (Winter Springs) "PUD (Planned Unit Development)". Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and said, "Staff reviewed the Criteria that is in the Code relating to a Rezoning request and does recommend Approval." The Existing Future Land Use Map - November 2007 was shown. Discussion. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "MOTION TO APPROVE [AGENDA] ITEM '500' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY VICE CHAIRMAN HEATWOLE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2007 PAGE 3 OF 9 VOTE: BOARD MEMBER KARR: AYE VICE CHAIRMAN HEATWOLE: AYE CHAIRMANPOE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Ordinance 2007-24, A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And Chelsea Parc At Tuscawilla Subdivision From (Winter Springs) "Recreation And Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU (Dwelling Unit)/Acre) And "Conservation Overlay" (On Those Affected Areas). Ms. Sahlstrom introduced this Agenda Item and said, "Staff does support this change to Medium Density Residential but also recognizes that there are some issues to still be resolved as the Applicant moves forward with his development and with his mitigation." Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the Board Members related to this project. Mr. Corkery said, "As far as what I am going to develop on there, there is no endangered species. There is none of that there. The vegetation wetlands is a very low grade. So far, our response and what we got from St. Johns [River Water Management District] environmental engineer is, we don't foresee any problems. One thing - I am concerned about, and being a citizen of Winter Springs, is to make sure that the flow at Howell Creek doesn't get disturbed at all. What I am trying to do with our Engineer - David Schmidt, is make that flow even better than what is existing out there." Mr. Corkery said, "We are taking approximately - three and a half (3.5) acres of existing Tuscawilla Country Club property not even in Parcel 7 - I am taking less of Parcel 7, approximately a little over - ten (10) acres, and I am only using approximately six point eight (6.8) acres of that - [Tuscawilla] Country Club property to build the sixty (60) carriage homes." Brief discussion on this project. ATTACHMENT C Existing Future land Use Map - Nov. 2007 LEGEND .. Commercial ~ Medium Density Residential! r.. J Industrial I CJ Public I Semi-Public I!II Recreation ~ ,. ~ !:1 >: .; :;; g w 8i '" 6 300 I 600 I 1,200 Feet L N I o ATTACHMENT D Existing Zoning Map - November 2007 LEGEND _C-2 _1-1 .PUD , I ..L t I !I ,- I ! ; } !} L~1 I -....,...;:.--' I Subject Property, ,-...,~ ~ >- f " i: cO :;:j -I -? -'/ ..--' I ,/...,) // ( < \ (A I / --; ~ j~ ~ z. '" '/~~ \ I ,--",,,,~ l5 w iii ~ L., i , i '" "- 'c "''\ ....,~~......... "- 6 N I o 300 I 600 I 1 ,200 Feet ATTACHMENT E ORDINANCE 2007-25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF FOUR (4) PARCELS OF REAL PROPERTY GENERALLY LOCATED ALONG FLORIDA AVENUE AND LAKE LUCERNE CIRCLE IN WINTER SPRINGS, FLORIDA AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, FROM "C-2 GENERAL COMMERCIAL" TO "PUD PLANNED UNIT DEVELOPMENT"; ZONING CERTAIN RIGHT-OF-WAY LEGALLY DESCRIBED IN EXHIBIT "A" AS "PUD PLANNED UNIT DEVELOPMENT" UPON VACATION OF SAID RIGHT-OF-WAY BY SEMINOLE COUNTY; 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 November 7,2007 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. City of Winter Springs Ordinance No. 2007-25 Page 1 of 3 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 "C-2 General Commercial District" to "PUD Planned Unit Development" for the four( 4) parcels of real 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. Zoning Designation for Vacated Right-of-Way. The City Commission acknowledges that Seminole County is currently evaluating an application to vacate the public rights- of-way constituting a portion of Florida Avenue and another unnamed platted right-of-way along the eastern side ofthe subject property ("Rights-of-Way"). The Rights-of-Way are depicted and legally described on Exhibit "A," attached hereto and fully incorporated herein by this reference. The City Commission hereby establishes that the Rights-of Way shall be zoned "PUD Planned Unit Development" contingent upon vacation of the Rights-of-Way by Seminole County. Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective immediately upon adoption, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS} City of Winter Springs Ordinance No. 2007-25 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2007. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2007-25 Page 3 of 3 Exhibit 'A' Ordinance 2007-25 IN :f >- ~ " :r uj ::i Parcel 10 # 33-20-30-503-0000-025A: Lot 25 (less the west 204.42 feet of the south 341.94 feet) ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Contains 6.179 acres, more or less. Parcel 10 # 33-20-30-503-0000-0250: The west 204.42 feet of the south 341.94 feet of Lot 25 and the east 25.00 feet of the south 200.00 feet of Lot 24, all of ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Contains 1.76 acres, more or less. Parcel 10 # 33-20-30-507-0000-0090: Lot 9, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72, Public Records of Seminole County Florida. Contains .55 acres, more or less. Parcel 10 # 33-20-30-507-0000-0100: Lot 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72, Public Records of Seminole County Florida. Contains .621 acres, more or less. Vacated portion of Florida Avenue (County owned) right-of way: That portion of Florida Avenue, a 50 foot public right of way per ENTZMINGER FARMS, ADDITION NO.3 according to the plat thereof as recorded in plat Book 6, Page 27, Public Records of Seminole County Florida, lying South of and adjacent to Lot 25, said ENTZMINGER FARMS; West of an un-named 25 foot public right of way per said ENTZMINGER FARMS; North of and adjacent to Lot 10, FLAMINGO SPRINGS according to the plat thereof as recorded in Plat Book 8, Page 72, Public Records of Seminole County; and East of a line extended from the Northwest corner of said Lot 10, terminating at and perpendicular to the North right of way line of the aforesaid Florida Avenue. Contains .50 acres, more or less. Applicable portion ot vacated portion ot County owned right-ot-way immediately adjacent to the east property line ot Parcel 10 # 33-20-30-503-0000-025A: That portion of a 25 foot un-named right of way indicated on ENTZMINGER FARMS, ADDITION NO.3, according to the plat thereof as recorded in Plat Book 6, Page 27, Public Records of Seminole County Florida lying East of Lot 25, said ENTZMINGER FARMS, and East of Lots 9 and 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 8, Page 72, Public Records of Seminole County, Florida; South of the Easterly extension of the North line of said Lot 25 terminating at the Easterly line of said un-named right of way; and North of the Easterly extension of the South line said Lot 9 terminating at the Easterly line of said un- named right of way. Total vacated right of way contains .56 acres, more or less. TOTAL ACREAGE (including applicable portion ot vacated right-ot-ways) - 9.862 acres, more or less.