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HomeMy WebLinkAbout2007 12 10 Public Hearing 500 Second Reading Ordinance 2007-25 Change of Land Use with Winter Place DevelopmentCITY COMMISSION ITEM 500 December 10, 2007 Meeting Consent Information Public Hearin X Re ular Mgr./Dep REQUEST: The Community Development Deparhnent -Planning Division at the request of Engineered Homes of Central Florida and Keewin Real Property Co. requests the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-25, which changes the Zoning designation of four parcels associated with the Winter Place development and which equal 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)". The approval of this request will result in all of the Keewin parcels having a PUD designation, as needed to move the Winter Place development forward. [Approval of the Concept Plan for Winter Place was granted by the City Commission on July 23, 2007.] PURPOSE: To consolidate the four parcels with the current Dittmer PUD parcels to bring the entire properties into one PUD zoning for the Keewin project. APPLICABLE LAW AND PUBLIC POLICY: Euclid v. Amber Realty Co. , 272 U.S. 365 (1926 (upholding the constitutionality of the principles of zoning). Florida Municipal Home Rule Powers Act. Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances) Winter Springs Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority. Winter Springs Section 20-28. Due process; Special notice requirements. Winter Springs Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. Winter Springs Section 20-57. (Recommendation of the Planning & Zoning Board) 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). December 10, 2007 City Commission Public Hearing Item 500 Page 2 of 4 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-OD00-0100; & 33-20-30-507-OD00- 0900) to Medium Density Residential (Ordinance 2006-OS). Sept.12, 2007-Rezoning application received. Nov. 7, 2007- Local Planning Agency heard the request and made recommendation of Approval. Nov. 26, 2007- First Reading of Ordinance 2007-25 Nov. 29, 2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) Dec. 10, 2007- Second Reading /Adoption of Ordinance 2007-25 CONSIDERATIONS: Applicant -Engineered Homes of Central Florida; 1155 S. Semoran Blvd., Ste 1118; Winter Park, FL 32792; (407) 571-4347; jporter(a~engineeredhomes.com Contract Purchaser- Keewin Real Property Company; 1031 West Morse Blvd., Ste 325; Winter Park, Florida 32789; (407) 645-4400; jfolknkeewin.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-OD00-0100; 33-20-30-507-OD00-0900; Vacated portion of Florida Ave. (County owned) right-of way & Applicable portion of vacated portion of County owned right-of--way immediately adjacent to the east property line of Parcel ID # 33-20-30-503-0000-025A [zoning of right of ways will become effective at the time the vacation takes effect. The vacation of Florida Ave R/W should occur concurrently or after the dedication of the replacement R/W across Lot 9. Utility Easements over the entire existing Florida Ave. R/W must be retained after 12/W vacation. The southern limits of the 25' unnamed R/W vacation shall stop near the south line of Lot 10 and a utility easement will be required over all of the 25' unnamed R/W.J Acreage -approx. 9.8 acres with vacated right-of--way or approx. 8.8 acres without right-of--way Existin Land U se -Vacant and Vacant Homestead. 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-1 (SC) Low Density Residential (SC) East Wastewater & Reclaimed PUD (WS) Public/Semi-Public (WS) Water Treatment Plant West Vacant and Single Family PUD (WS) and R-lA Medium Density Residential (WS) Residential SC and Low Densi Residential SC (WS) Winter Springs; (SC) Seminole County General Location -The site is located in the vicinity of Florida Avenue and Lake Lucerne Circle and immediately west of the Winter Spring's Water Treatment Facility. Leal Descri tp ion -see sketch descriptions, attached. December 10, 2007 City Commission Public Hearing Item 500 Page 3 of 4 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 Illo ig rally 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 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 Adjacent 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 Adjacent Vacant Property- The intent in the Zoning December 10, 2007 City Commission Public Hearing Item 500 Page 4 of 4 of the property is to apply a Zoning classification for the subject property that is consistent and compatible with the surrounding land uses; (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) Not out of Scale- The proposed Rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the city; FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. STAFF RECOMMENDATION: Staff recommends that the city Commission hold a Public Hearing for Second Reading and Adoption 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 of the Planning & Zoning Board/LPA on November 7, 2007, the Board /Agency recommended unanimous approval of Ordinance 2007-25, with a vote of 4-0. 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 ~ ~ S ~- L notices lorlda' 33410 °E PELLAR E DURAND !. RiCChmorid Illinois 60618 squire 6 OR1, 28, 2007 'OURT FOR FLORIDA Er DNISION pT-CP-0OIKI.O ~ellleln Proven ROBS the estate oF~ ' deceased, as March 20, lal Security is aendin0 1n )rouge Coun• Division, the 25 North r- ~do, Florido addresses of antotlve's ot• bw. lecedont and clolms or de• of s estote on notice is re- md must file court WITH• J MONTHS E OF THE 9N OF THIS rYS AFTER 2V{CE OF A IOTICE ON THE TIME tTH ABOVE •D TWO (t~ AFTER TH OF DEATH ,'ICO.fion of this 77~Vy GEIRyTA~VES: Florio 37719 rd A. Rodgers 121 Ulysses C orodo 80/01 ONAI' ,tf~re /enue J100 1041, 28, 2007 1CTION 1521 Autumn 58430 winnett '0 that an ac• G for partltlon fy In Seminole wit: 490 Abbo Mings, Florido, nst You In the r 18th Judicial minoN Caunly, os Allonso and s. Georyya An• Jo.: Od-CA•2687 ed to serve o m defenses, If ~h P. Gleason, whose address Orlando, FI iember 15, 2007 with the Clerk before service ornev or imtne- atherwlse o de- sd against You ~d In the com- r 1, 2007 'tuft Jud_ge12B, SOON TNER AW~NESDAE' ~~ NOVEMI E7 ~2E00p7IATT7p~0 PM. OtS t14N0 ~ARIN~fI~"~Ap ~DDTS. RORItM the agenda Items may be inacec ed by Interested partle{ Wtween wlm res r ro an mortercon- s dared at th s meet ng, You will need a rrcord of the proceedings, andlor-such purposes, yo may need to ensure that a verybati{~m re- cord al the proceedln s Is mdde upon which the appsal f°s hosed. M• terested parties are advised that 1heY may opoear of the meeting and may be heard with respect to the proposed ordinance Item. , SLS526010 lOr1S01 OF WINTER SPRINGS WPILLNHOLD EIICY PU~~BppLppIC HEARINGS FOR AN ORDIN~ANNCENOF~ik1~E CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA AMENDING CHAPTER pip ZON• NAGISCESTHERE~ATED ORDp PLANNED UNIT DEVEL©P• MENT; AMENDING THE DBEF{• NITION OF GROSS RESIDEN• TIAL ACRE AND PROVIDING A E INITION AND DENSITY Ott µµiXED RESIDEENTIAL PUDj PRO~~D~pG^FOI~CM~eur mode by The Local Plannlnpp Agen• c with respetl to an matTer ~o~~ s~dered of this meetln0, You will need o record of the'proCgedinps, and for such purposes, fro may need to ensue thot a verbof~m re• j cord of the proceedln9s Is made uppn which the appeal Is hosed. In• terested parties are advised that 'the may. appear at the meeting andYp(ttdpY,osbeed,Mdrd rvlfh rawest fo ~-GLSS~S03 ortll.!?ance ikm.~7 NOnCEAF. PUBLIC NEANNG .I You ore herebyy riotlfled that,lhe Belle IskCHY CWncll witl hold at PubNc Heorlnp an TwedeT NovMlber 66,, toot et o:70 Pm In the $efle isle Ctt Hafl Council Chambers, 1600 Nara Avenue Belle 1st~theFlorida 3n9 tem(i~i~ll bye trL,a~ilsidared low for ~P Sd el, i Xrmeh~'• Belinda' L; Bateman', MMC CdY Clerk OL5517290 10/!807 ^ CC THE NIENTHJUDICLgC~CIRC•Tu•T IN AND FOR ORANGE COUNTY, FLORIDA CARE N0: 210T•C•0 ~p ~N~E AgD os 71 THROW ~ATINCANMORTGAG G ASS Pldlntiff,' t` iERIFi hN~OTICE OF SALE. V a tlfo the Flnu Jutl meet o}pFOrewe•. cl uro dated Septamper 16, 2D07, Inds cause 1 will sell the proper-. t a tuated `i ORANGE County, `p~~orida~despcyry{bed as: g6 ~p TPp~NpAE ~T T/9eNUEgR~yF OA{G~EBN IN COU~ORIAWIr IIEC09D~~RAN~ olk/a lids Ma ovule Orlve, Orlorido, Florida 32821 aT public sole, fo the highest and best bidder, kr cash, the Oronpe County Courihouee located at 125 North Oronoee Avenue, Suite 350, 0^Ipndo~Ft~orido, o111W e'olaek ese. AnyNNaaperson cloiminp on Interest In the surplus from the tale, It any, of r than the properly owner os oft date o} the Its pendent must fife o claim within 60 days after the sole. Doted of Orlando, Florido, tMs day of Oct 09, t007. ~eLuria Gardner (CIVtt COIURT SEheLjlrcu f Court Bv: Lacorsho Whitmore p~put Clerk If Toe en a ~sr~w w~ a iuse~liry wet a c~allels~al is vwin s~NWed NDnc~ of Pueuc sAIF PERSONAL PROPERTY OF 7HE F LLOWING TENANTS WILL BE R CNETAL LIEANS INOACCORDY UTES SEILF ssTORAGEAFACALI• 7Y AST, SECTLON,S 83.806 AND R3•ao7: , u=LOCR•R SELF RTORAGE UNR 101, ~u~c.~iwl~.unasaOrJ FACILITY ACT, SECTIONS 83.OD6, AY807. PERSONAL MINI STORAGE FORSTTN UNIT 1609 MICHAEL WANG UNIT f 38~ CH~~LQE JMf~OHLLNSON UN~T11566 KEEVI1zFPMCELMANEY UNIT 1 231 SYVEES? VARGAS {C{~~ARTTRERO ' SAN?IA p DENNY CELESTINO UNIT f 111 KEVIN SCOTT T:O~TTNTHH~{{EEENTS UUMSSAY INC77LEEuJOE BEDOIS5N~~~.HLUKKGEEGAQ~E ITOYS. F~~UR ITURE~TqOOL AC~C~OTH~ THGE'RSES NO~TITLS~~Ot~~VEH1• ~WNERSLRESERVE THE RIGHT 0 BID ON UNITS. LIEN SALE TO BE HELD ON THE PREMISES ON 11(07107 @ V~E OF SALE ONLY, AT THE F~RSYTTHAL MINI STORAGE 2011115 ORSYTH RQAO INT PARK,, L 22792 LSSi8577 1071,18, 2007 THE 9TMCJUOYCDp7IALOK~188Rpp~~Cpp~~U~~~~IT GENERAL JURFP SDICTIO~ BASE xa°~ s.~A~a°i ~EN-~Ml ELECTRIC CAPITAL CORPORA- lolntlff; ~C L!D ~~~R~MTEL NOTICE GF ACRON tu0fior~i Eofaclf~or~ED ~1 thYeaiunby the Plaintiff, GEN~AL,EL C- TRI~ CAPITAL tO~PORATI~N, aeekk ng to compel rata n ~erma~ nent Iwssesslan of the Eaulpment end for damages resulting from the failwe to make payment. You !fk the seol of (CIRCUIT COURT SAL) Bv: L nda S. WYOft As Dg puts Clerk -SL500198 IOi28, 1V1,2007' ~HETNIENTHR,IUUpICIA CIRCUIT iN AND FOR ORANGE COUNTY, FLORIDA CASE N0. NI. OO~C ON /~0 IN RE: FOAFERUAE OF f 1998 MITSUBISHk MONTERO WN1 JA1Lf31P4WP007306. NO11CE OF FORFEITURE Ts HirlaIm R: Ortiz, and 0II persons Mltacupblshi~ ~nµMtontt ro~ t VI NM JA1LS71P4WP0073Q6 seized on or about 7l31M7 qt or about 5725 S. or Lee Ann Freeman Police Legal Advisor Orlando, Poilce Deportment P.O. Bax 913 Orlando, Florido 32802-0913 U01) 116.1461 Flo. Bar No~0570321 I HEREBY CERTIFY that d true and cor• rKf copy oft loregolnp Notice of Forfeiture and a•lrue and correct cagy of the Petition Firwi Judg- menLlt~ of Fo~~I{eltu~rheew Il' be mailed Mmber~~7, to all personi Ontltled to ratitt. Lee'Ahn Freeman otsslee3e 1on1, 2e, 2ao7 IN TH'E C1{fRCUIT CLO RT OF IN ANDq FOR ORANIGE ~(UNTY, FLORI CAGE N{~~B~~pp,•, •CA• ~7tT-p OINSION NUM~ER: 71 IN RE: FORFEITURE OF 59,700.00 IN U.S. CURRENCY 116TIC~~E yyOF RORFEITURE COMPUUNT ~TtODq~RGT ~I~ANU~EEMDCCO 0~L{t BIVO NORTH NOLLYW0~0, CA 91687 and oil Others wiw claim an inter- est In 59,790.pp n U.S. Currency, which was seized on or about the 23r0 dbV o August, 2007, of or near 1630 S• Kirkman Road, Oran~e founts, F orido. Said property s h ttre custody of the Sheriff of Or- anpe COUnty. A Complaint kr for• H~lfure bas been filed in the pbOVe• styled Court, I XEREBT CFATIFY that This Notice Is be np served pursuant to the notice v ovisions of Florida Statutes ~.~1.107, this 12 day of~ October, Ann Marie Delaliunty ~Iorida Bar No. 006513 Ass atant General Counsel Orange County SherifYs Office Leya1 Servicas~Sectlon 2500 West Colonipl Orlve Orlonttdo, FL 32801 1W11~. 2~ 40701 OLS523701 IN THE CIRIT COU~T~Of THE FDNTH ~ ~~RCI~I t;X~'T,~.;i~l IN THE~CIRCUI7 COURT OF OF THE STATE OFIFLORiDAUiN AND FOR ORANGE COUNTY, FLORIDA GENERAL CIVIL DIVISION Cne Na. ~p7•CA•127f/ Division 73 PALAZZO OEL lAGO COMMUNRY OEYEL• OPMENt msr~cr. Plo(ntiff; TXE STATE OF FLORIDA AND THE TAXPAYERS 'PROP~RTY OWN- . ERS AND CI~f1ZEN5O~JJF PALAZ• VELDO~MEN~ DISTRNCTY ~N• CLUDING NONRESIDENTS OWNING PROPERTY OR SUB- JECT TO TAXATION THEREIN, Defendant. NWWOITHIry~C'ES5AND ORDER TO SNOW CAUSE __„YAUAOATFON0.NDSCDNpRMEO RE TO THE STATE OF FLORIDA, AND THE TAXPAYERS PROP• 6FTPALAZZORDEL LAGOiCOM MUNITY DEVELOPMENT D{S- TRICT, INCLUDING NON-RE51• DENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN: iN THE CIRCUtT COURT OF THE NINTH JUDICIAt~ CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: 81-Cif-1217L0 DIVISION NUMBER: >3 IN AE: FORFETURE OF 1998 CHEYY PICKUP TRUCK _ VIN 1G C519X2WO117587 LOCRYCALOPIANNIN SAGENCY WILL HOLD PFORIC HEARINGS NOTICE OF .ZONING ICODE CHANGES ' PUD PLAN .t ..., ~~ 0 ." ~ CI`t"1(OF WINTER SPRINGS ,. r NOTICE IS HEREBY GIVEN THAT l O~~ ,HDme~ ~ THE CITY COMMISSION WILL HOLD 1 ~ PUBLIC HEARING. l ~' y ~OUt. .FOR SECOND AND FlNAL READIN¢ ON ..,,.,~, ..._,. .,, ~, , . ...;,~; , s,, ~:~. -t=:. ORDINANCE N = ~OP7~28 x,~.~^,`..,~ ,,, x the Isles). ~~: ~ .... 4 ~.~ AN ORDINANCE OF THE-CITY COMMISSION OF THE CITY OE WINTER Regrout, Caulk, SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF Remove & Replace FOUR (4) PARCELS OF REAL PROPERTY GENERALLY LOCATED ALOI+NG - Ilcal Assist Handles] FLORIDA AVENUE. AND LAKE LUCERNE CIRCLE IN WLNTER SPRINGS, A FLORIDA AND LEGALLY DESCRIBED IN EXH1BlT "A," ATTACHED HERETO, ,~qg FROM'C-2 GENERAL COMMERCIAL"TO "PUD PLANNED UNIT Dt:1lELOP- , ~~~-~ MENT";ZONING CERTAINRIGHT-0F•WAY,LEGALLY DESC~i[BED IN EXHI& ' IT "A"AS "PUD PLANNED UNIT DEVELOPMENT" UPON VACATION OFSAID - EdIC RIGHT-0F•WAY BY SEM{NOLE COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVER- ABILITY, AND AN EFFECTIVE DATE. - ~K~x~~ V V ~hYrlY!Ck.'SI :uwYG'.w. ` ~+.. ~'A:.;f~ ..... .. .. . ......,.,~... .. V s ~~" _ ~' nedilc corn j `. ~~ Su jest ~. • Pro , rly __-- ! ti, ~ , is ORDINANCE 2007-25 LOCATION MAP ~.. >ii p - 4` <~. ,,~, w~• t-,~`n. ~:Me`> 8e PUBLIC`~HEA~f~G'"' .~ ~ "_ ~PEfELIMINARY DEII'ELOPINEAI'F ,LA1-i~-'~~ - {~ t D r u ~ 1r.1:, c5: ,, s : r> 7 , ~~K.t ~ ROYAL FOR -33~~~ 1? . ,_ .; r) - ~ ~ ~ ~ ff DEVELOPMENT{P~ldl 11P R~~i,'1+L:~' 47.09 ~p~~. ~ 'ES,`tdC` ON THE SOUTH Sld'E'OF•'Sf~ARD ROAD, FORTH OF i ~n~, 9 a'~' FLORIDA AVENUE, EAST OF BOAT LAKE, AND. IMMEDIATELY ADJACENT TO THE~WEST SIDE OF THE WILDWOOD RESIDENTIAL- PUD. ~ . ~ MONDAY, DEC 10, 20Q7, .hrtslmas;~t~s for Salt: AT 5:15 P.M. OR SOONTHEREAFTER ~~ _.; , IN THE COMMISSION CHAMBERS LOCATED AT `~. ` ` WINTER SPRINGS CITY.HALL ,n ~ ~ . , , 1126 EAST STATE. ROAD. a34 WINTER SPRINGS, FLORIDA ' ` The. proposed ordinar-ce erid development plan m6Y..~ gbt~, d~by interested G parties between 8 a.m. and 5 p.m., Mondaythrough Friday, a1 Ue City's Clerk's ~'~ Officio; Ir~tsd at-1126 E. SR 434, WinterSprings; fkNi'de: ~lnore information, ~ call (407j 327-1800 X227. Parsons with d(sabilit ,g:n ing.asslsfance to }~ participate in any of, .those proceedings' sh~tltff'`~Q~ct'~the Employee ~~~~~-? ~ l~.~[~enyltertt<;isocrRdinatot, 48, hojr~k•the meeting at ~$~ ,~~~~ w ~, s. ( 407} 327-1600, x/236. These t}re public ~tearfngs. Intexes(ed piirtles are advised that They may appear at the meeting and be•heard with. respect 10 the proposed ordinances. If you decide fo .appeal any recommendatioq or ~ ~ ~ ~ f` decision made by the City Commission with respect to any matter consid- Bred at this meeting, you will need a record of the proceedings, and fo such purposes, you may need to ensure that a verbatim record of the proceed- _ ~ Inge is made upon which the appeal is based. .3 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDlLOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 2 OF 9 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARSNGs 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 CHAIRMAN POE: 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 0 300 600 1,200 Feet N ATTACHMENT D Existing Zoning Map -November 2007 LEGEND __ ____ __ PUD r p Z __. `F _... _ ~Fl.n ~ ~~F Subject Property F H w c~ 9 0 300 600 1,200 Feet N n a 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 of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. 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 of the 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 C'G, ~u' sect Pao erty N w ti } _~ 2 Parcel ID # 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 ID # 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 ID # 33-20-30-507-OD00-0090: 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 ID # 33-20-30-507-OD00-0100: 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 of vacated portion of County owned right-of-way immediately adjacent to the east property line of Parcel ID # 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 10 terminating at the Easterly line of said un- named right of way. Total vacated right of way contains .5 acres, more or less. TOTAL ACREAGE (including applicable portion of vacated right-of-ways) - 9.8 acres, more or less. 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. 2Q07-25 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 of the 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 10th day of December 2007. ~~ ~ ~ J n F. Bush, Mayor AT . EST: orenzo-Luaces, City Clerk Approved as legal form and sufficiency for the City in er Springs only: Anthony A. Garganese, City Attorney First Reading: November 26, 2007 Second Reading: December 10, 2007 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2007-25 Page 3 of 3 Exhibit `A' Ordinance 2007-25 Parcel ID # 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 ID # 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 ID # 33-20-30-507-OD00-0090: 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 ID # 33-20-30-507-OD00-0100: 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 of vacated portion of County owned right-of-way immediately adjacent to the east property line of Parcel ID # 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 10 terminating at the Easterly line of said un- named right of way. Total vacated right of way contains .5 acres, more or less. TOTAL ACREAGE (including applicable portion of vacated right-of-ways) - 9.8 acres, more or less.