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HomeMy WebLinkAbout2001 09 10 Public Hearing C Ordinance 2001-46 Moss Wood Apartments ZoningCOMMISSION AGENDA ITEM C September 10, 2001 Meeting Consent Informational Public Hearing X Regular ~/ Mgr. / Attor / . ~ Authorization ~°' REQUE T: The C unity Development Department requests the City Commission conduct a public hearing forreading of Ordinance 2001-46 to adopt the proposed administrative rezoning (REZ-OS- 2001)that would change the Zoning Map designation of the Moss Wood Apartments property and three (3) adjacent sites from C-2 "General Commercial and Industrial District" to R-3 "Multiple- family Dwelling District". PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for third reading of Ordinance 2001-46 to change the Zoning Map designation to bring the zoning designation of the properties into compliance with their Future Land Use classification of Urban Density Residential. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57 of the City Code states "The planning and zoning boazd shall serve...to recommend to the City Commission the boundazies 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." CONSIDERATIONS: In response to further directives from the City Commission, staff posted a billboard notification sign on the subject properties advertising the September 10, 2001 public hearing on August 31, 2001. At its August 27, 2001 regular meeting, the City Commission approved the first reading of Ordinance 2001-46, after directing staff to post a billboard notification sign on the subject properties. In response to directives from the City Commission and a letter dated August 15, 2001 from September 10, 2001 PUBLIC HEARING AGENDA ITEM C Page 2 the City Attorney, staff advertised the August 27, 2001 public hearing on August 17, 2001, notified affected property owners by Certified Letter, and posted hearing notification signs on the subject properties. • To allow for additional notification to the property owners and the general public, the City Commission deferred action on Ordinance 2001-46 at its August 13, 2001 regulaz meeting. • Staff advertised the August 13, 2001 public hearing on August 3, 2001. • At its Mazch 26, 2001 regulaz meeting, the City Commission directed staff to review the Moss Road area, south of S.R. 434 for compliance with the Comprehensive Plan. • At its June 6, 2001 regulaz meeting, the Planning & Zoning Boazd reviewed the Staff Report to Agenda Item IIB and recommended approval of the rezoning. • This item was scheduled for consideration at the July 23, 2001 City Commission meeting, but action was deferred. • At its August 13, 2001 regulaz meeting, the City Commission directed staff to post the subject property and notify adjacent property owners of the proposed rezoning. • The subject properties, five (5) parcels and six (6) condominiums units (located within one of the five pazcels) on Moss Road, need to be rezoned from C-2 to R-3 to be consistent with the City's adopted Future Land Use Map. FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. Considering the type and location of uses involved and the general chazacter of the azea, the request would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appeazance, and other factors deemed important. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends the City Commission conduct a public hearing for the third reading of Ordinance 2001-46 to change the Zoning Map designation of properties with multi-family apartment complexes in and around the intersection of Moss Road and S.R. 434 from C-1 "Neighborhood Commercial" to R-3 "Multi-Family Dwelling" District, incorporating the City staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the emergency rezoning. PLANNING & ZONING BOARD RECOMMENDATION: At its June 6, 2001 regular meeting, the Planning and Zoning Board recommended the City Commission approve the change of Zoning Map designation of the Moss Wood Apartments property and three other sites adjacent to it, from C-2 "General Commercial and Industrial District" to R-3 September 10, 2001 PUBLIC HEARING AGENDA ITEM C Page 3 "Multiple-family Dwelling District". ATTACHMENTS: A. Ordinance 2001-46 and Exhibit "A" B. Planning & Zoning Board Agenda Item IIB C. Letter from City Attorney, dated August 15, 2001 COMMISSION ACTION: ATTACHMENT A ~r ORDINANCE 2001-46 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON MOSS ROAD SOUTH OF STATE ROAD 434, LEGALLY DESCRIBED ON EXHIBIT "A"ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE MOSS WOOD APARTMENTS, FROM C-2 "GENERAL COMMERCIAL AND INDUSTRIAL DISTRICT" TOR-3 "MULTIPLE-FAMILY DWELLING DISTRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at its June 6, 2001 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. City of Winter Springs Ordinance No. 2001-46 I'agc I of 3 . ~ NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. 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 C-2 "General Commercial and Industrial District" to R-3 "Multiple-Family Dwelling District" 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 upon adoption by the City Commission of Winter Springs. City of Winter Springs Ordinance No. 2001-46 Page 2 of 3 .~ 1 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of Septembeg001. Paul P. Partyka, ATTEST: ~J Andrea Lo o-Luaces, City Clerk App d as to legal form and sufficiency for ity inter Springs only Anthony A. Garganese, i ttorney First Reading: August 27, 2001 Second Reading: september 10, 2001 Effective Date: September 10, 2001 F:\DOCS\City of Winter Springs\Ordinences\Zoning -Moss Road\2001-46.wpd7 City of Winter Springs Ordinance No. 2001-46 Page 3 of 3 ~ aelit tfy: bnuvnv~riAHU,SALZMANB'NEISS~P.A. ~ a07 425 9596; Jul-19-01 3:38PM; Pa a 10 1 1 Hacoivod: 7/IB/OI 2: 41 PM; 40797S127A •> BROwN,wARO,BAL2MANQ.wEZ33,PA; r¢pa o ~ 2 UUI. 19. 2D41 ~ 1:46PM lDl/CROWS N0. 226 P. 5 ~ ~ PatZ Board Meeting -June 6, 2001 .~ ~ Adm(nistrative Rezoning -Moss Road --,__ LEGAL DESC~iYP'TIQI~IS :I ( rions weze takes from chc Seminolc Countg Propcrtp Appzxisei's Wtbsirc Thn following Lcg~l daac>xp 25-20-3o-swR-ODOao9an. L,EG Z3-iA7 PT OF LOT 92 DESC AS BEG 55.98 FT N OP INT E R/W MOSS RD ~ SE COR NORTH ORLANDO 2ND ADD RU~1 E 23t.5 FI S 63 DEG 37 MIl~1 12 SEC E 113.17 F? N 27 DEG 27 MIN 41 SEC E 149.40 F'r E 55.15 FI S 63 DEG 35 MIN 54 SEC E 14270 FI' E 143.90 F7 NELY ON ~St3RVEY OF T1iE ~V.Y RANT PB 1 PG 5 90 FT S 389 FT TO BEG BLK D D R MITCHELZ.S 1 26-20-30-5AYt OA00-097A ' LEG THAT PT O>? LOT 92 DESC AS BEG 55.98 ~ N OF INT E R/W OF MOSS RD & SE COR ~ OF NORTH ORt.ANAO 2ND ADD RUNS 16138 FT E 104 FT S 100 FIE 100 FT S 149.6 FT W 233.81 FT N 41 DEG 20 MIl~1 E 367.88 FT NELY ON CURVE 165.23 FT W 143.90 FT N 63 DEG . ~ 35 MIN 54 S W'W 317~F ~~~ 23151 TO B G BLK7 D D R SEN~~~ S~~ OF TT-~ • MIN 12 SEC j.EVY GRANT PB 1 PG 5. C Zb-ZO-30-SAR-OD00-092C jg,~'s Zg-;.A'T PT OF LOT 92 DESC AS BEG 105.4 FT 5 OF INT S R/W YOUNG RD + E R/W MOSS RD RUNE 100 FT S 100 FT Vv 100 F'I'N 100 FT TO BEG BLK D D R MITCHELLS - p SURVEY 4F THE LTVY GRANT P$ 1 PG S "~~_: = •, : - ° •n 26-20-30-SA1~OD00-(1928 .,•> - ' ' : ; I..EG THAT PT OF LOT 9Z DESC AS BEG 205.4 FT S OF INT S R/V~ YOUNG RD & E R • MOSS RD RUNE 93.80 FT S 149.6 FT W 93.80 FT N 149.6 FT TO BEG BLLC D D R MITC~iF1.I•S SURVEY OF THE T EYY GRANT PB 1 PG 5 • Zb-2a30-5AR-oD0o-o92I~ - •. LEG PT OF LOT 92 DF.SC AS BEG 233628 FT S ac 93.8 FT E OF INT C/L ST ~ 434 d: E LINE • ~ ? MOSS RD RUNE 10620 FT S t49.G0 FT W 10620 PT N 149.60 F'r TO BEG (LESS BEG 26.82 FT 'i N & 63.88 FT DJ OF SE COR RUN NT89~~~~8 PG 5 90 FT B 32 FT TO BEG) BLK D D R ~,fl'1'CHEI.IS SURVEY OF THE LE :~ i 2G-20-30-5AR-OD00-092E LEG PT OF LOT 92 DESC AS gEG 2459.06 FT' S do 13G.12 FT E OF INT G/L ST RA 434 b. E I.I ~ MOSS RD RUN N 14.98 FT W 32 FT S ] 4.98 FT E 32 FI' TO BEG BLK D D R MITCHF.I.LS SURVEY OF THE LEVY GRANT P81 PG S EXHIBIT ~' ,;: . Off(~~ ~. , ~/ae~~l py: o~~l+irw~Wghu,Sta~L~wiivaNt~SJ~r.~a, ~ uU/ 4L7 y5y(j~ JU1.1~J-U1 3:38P1A• Rvcvivvd: 7/iP/Ot 2:41P1.1~ ~ Page 11/12 1' 407076127A -} BflowN~W/'1rco,sn~ztiv.rrs.vEI99,Pq; paoo 6 • JUI. 19.2QQ 1• l :46PM l01/CROWE H0. 226 P. 6 ' PatZ Board Meeting -June 6, 2001 %~ ' Administrative Rezoning -Moss Road ( ~_.~ 2G-240-5ARrODUO-092F LEG PT OF I.O'T 92 DESC AS BEG 2444.08 FI' S do 136.12 FT E OF IN"T C/L ST R!~ 434 & EL[ • MOSS R17 RUN N 14.98 FT W 32 PT S 14.98 FT E 52 FT TO BEG BLK D D R MITCHF.I.IS ~ SURVEY OF THFi LEVY GRANT PB i PG 5 26-20-30-SAR-O D 4Q-042G LEG PT OF LOT 92 DPSC AS SEG 2429.10 FT S do 136.12 PT E OF INT C/L ST RD 434 & E L I MOSS Rl~ RUN N 14.98 FT W 3Z P'T S 14.98 FT E 32 FT TO B1;G BLK D D R biTTCFiFr r t SURVEY OF THE LEVY GRANT PB 1 PG S 26-Z030~A.R OD00-092H ~ LEG PT OF LOT 92 DESC AS BEG 2414.12 FT 5 do 136.12 FT E OF INT C/L ST RD 434 ac E LI ~ MOSS RD RUN N 14.98 FI' W 32 FT S 14.98 FT E 32 FT TO BEG BLK D D R IviT'I'C!E•iELZS SURVEY OF THE LEVY GRANT PB 1 PG 5 ~ I 26-20 3asl-x-oDOao9aJ LEG PT OF LOT 42 I~FSC AS BEG ?399.14 FT S ac 136.12 FT E OF INT C/L ST RD 434 6c E LI MOSS RD RUN N 14.99 FI' W 32 FT S 14.99 FI' E 32 I?I' TO BEG BLK D D R MITGHELLS SURVF,Y OF THE LEVY GRAVY PB 1 PG 5 _ 26-2a3o-s~-x-oDOO-o92g LEG PT OF LOT 92 DESC AS BEG 2384.15 FT S ac 136.12 FT E OF INT C/L ST RD 434 ac E LI MOSS RD RUN N t4.99 FT W 32 FI' S 1499 F'I' E 32 FrTO BEG BLK D A R MITCHELLS ' SURVEY OF THE LEVY GR.~tNT PS 1 PG 5 r•- •... ': - :" .; . ~~: it .i :c ,q EX IBtT :.:,:.~ a .a~- .:'u:'~• jig uc... ur c~~.......~~...nu~Jb, ~-LMNiv6 Wt15, Y-/a-' ~ ~ ~ RAC O1 veO: 7/1©/O1 2: 41 PM; - ~ J~;. i9. 2001 1:46PM l0[/CROWS KU/ aL~ y~yli~ Jul-ly•Ui ;]:3'JF'M~ ('age 12/12 4OTG761279 -> 6ftOwN,wAHU,HAILMANe,wtt,~,''r; rape •. N0. 226 P. 4 City of 1Winter Spcings ~4+9o~s Road ReYOnings -7 J ~ ~ / ~ 1 1'~- ~ , l~ ~ ~ -~ j ._ ~ ~ ;_-.._. _.. i ~ i ~ -~ ,1-~ ~ = - ~ , ~ 1 ~ ~ ~ SR 434...1- - - - -'--- ~,. ..._. /- ` ~ ~- / ~ ~ ~ ~. /" ,~ ~, - ,.~~ 1 ~ - ~ ,.. i ., ,,,_ . ~ ~ i pt ' ~t _ - 1 ; Ni `~ Parcel 1 ; -.. -~ ,~-.4 - -~ t ~.. _ _ t -'~' (5.4?14 Acres) t ~ _ _ Parcel 3 !- ~ ` -~ 1 - ~ / r -~~ - _ ~ ---.~ ! -- - (.239Acres) ~- ~ _ • -- -.- --~ - .~ ~~.. ` / _-~. - }~ ; ! -- - - - .-_ -~. _..~ 1 - `,` '` ' ,\ *~= -~, Parcel 4 ~ ~ 'ti ~ - ,• -~ :277 Acres) ` f , ~ ! i` --L.~ . ~ .' - "- ~-~ Sour«: Parcel 2 (5.398 Acres) ~.-...,- _--- ~ ~ ,.~ 1 , -_--, L- -,-- • ti- / ,' ~ / ,, .. ~:. ~~ ~ ~. ~_.-? i Parcels ` (.374 Acres) 1 `...-- .~ ~.~ - f I ~ ~ ' 200 General Location N City of Wi~tsr Springs Murticipal Boundary ~`~ Subject Sits /~, Streets Water Feat~ree EXHIBIT 02 0/-~ y~ e poo F..1 N Uao D~slar+ jr<NO~..noKs ._,_. ls/ c,..>e..• ~•« s..rr. too K.:N.d-fC )17N vo7.rrs•im ATTACHMENT B P&Z Board Meeting -June 6, 2001 Administrative Rezoning -Moss Road PLANNING AND ZONING BOARD REGULAR AGENDA ITEM June 6, 2001 A. Moss Roan REZONINGS- REZ-05--2001 STAFF REPORT APPLICABLE LAW AND PUBLIC POLICY Section 20-28 of the City Code states that rezoning applications shall be presented to the Planning and Zoning Board for their consideration and recommendation to the City Commission. Chapter 166, Florida Statutes, contains the requirements for the adoption of rezoning ordinances. Section 166(3)(c)1, F.S., states that if the parcel being rezoned comprises 10 acres or more (the subject properties comprise 11.65 acres), the City shall hold two public hearings. I. SUMMARY OF APPLICATION A. Applicant: City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 B. Owners: See attached. C. Request: This is an administrative request to change the zoning designation of the Moss Wood Apartments property and three other sites adjacent to it, from C-2 "General Commercial and Industrial District" to R-3 "Multiple-family Dwelling District". D. Purpose: The purpose of the request is to bring the zoning designation of the properties into compliance with their Future Land Use classification of Urban Density Residential. E. Site Information: 1. Parcel Number -There are five parcels and six condo units within Parcel 5: Parcel 1 (Mosswood Apartments): 26-20-30-SAR-OD00-092A Parcel 2 (Mosswood Apartments): 2G-20-30-5AR-OD00-0920 Parcel 3 (Time Warner): 26-20-30-5AR-OD00-092C 1 P&Z Board Meeting -June 6, 2001 Administrative Rezoning -Moss Road Parcel 4 (Side By Side): 26-20-30-5AR-OD00-092B Parcels (Charles Warner Et. Al): 26-20-30-5AR-OD00-092D Condominiums: 26-20-30-5AR-OD00-092E 26-20-30-5AR-OD00-092F 26-20-30-5AR-OD00-092G 26-20-30-5AR-OD00-092H 26-20-30-5AR-OD00-092J 26-20-30-5AR-OD00-092K 2. Acreage - 11.65 acres approx. 3. General Location -The sites are located on the east side of Moss Road, between La Vista Drive and Dolphin Road. 4. Legal Description -See attached 5. Background - On March 26, 2001, the City Commission considered an emergency ordinance to change the future land use designation of multifamily properties in and around Moss Road and S. R. 434, from Commercial to Medium Density Residential. At the hearing, the City Commission directed staff to look at all other properties along Moss Road, south of S.R. 434 to determine if there were other residential sites that needed a similar land use or zoning change. There are five (5) parcels and six condominium units (located within one of the five parcels) on Moss Road which need to be rezoned from C-2 to R-3 to be consistent with the City's adopted Future Land Use Map. They are: a. Mosswood Apartments, located around Mosswood Circle and consisting of two parcels. The site was developed in the early eighties as a 147-unit apartment complex. b. The Time Warner antenna site, located just south of the Mosswood Apartments. According to a Time Warner representative, the antenna was installed in 1973. Seminole tax records show that there were some improvements (masonry pillars, concrete drive, fence) made in 1995. c. Amultiple-family building, located at 201 Moss Road just south of the Time Warner antenna site. The development is owned by Side By Side of Winter Springs, Inc. and was originally developed in 1984 (per Seminole County Tax Records). d. Amultiple-family complex, located behind the apartments previously described. There are six condo units on this site, with individual Parcel Identification Numbers. This development was also built in 1984. 2 P&Z Board Meeting -June 6, 2001 Administrative Rezoning -Moss Road 7. Development Trends -The subject sites are already developed. The purpose of the rezoning is to make the zoning of the properties consistent with the adopted Future Land Use Map. The proposed R-3 zoning will be consistent with the residential character of the Moss Road area. 8. Letters/Phone Calls In Favor Or Opposition -None as of May 29, 2001. II. REZONING ANALYSIS: A. Justification For Rezoning: The Moss Road area has developed predominantly as a residential area; the City's Future Land Use map shows the properties along this road as residential ranging from Rustic Residential (1du/ac or less) to Urban Density Residential (12.1 to 21.0 du/ac). The subject properties are shown as Urban Density Residential. The zoning of the five parcels and six condominium sites, currently C-2 (Commercial/Industrial) needs to be changed to R-3 (Multi-family) to achieve consistency with the Residential Future Land Use Map designation. The multi-family developments will benefit from the rezoning. Multiple family dwellings are conditional uses in the C-2 district, but permitted in the R-3 district. The antenna, which was originally installed in 1973, became anon-conforming use in 1997 when the City Commission adopted Ordinance No. 645 establishing regulations for telecommunication towers. Those regulations are found in Section 20-451 of the City Code. Telecommunication towers are permitted only at four locations in the City: the site of the City's Wastewater Treatment Plant #1/West Plant, the bus barn area, the City's West Effluent Disposal Sites (site 16), and City Hall. Additional towers may be allowed only as special exceptions. Section 20-451 (d)(3)f requires that telecommunication towers be located as far as possible from residentially zoned property. Section 20-451(c)(3) states, "All telecommunication towers existing on July 14, 1997 shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on an existing telecommunications tower shall comply with the requirements of this section". 3 6. Existing Land Use -The following table lists the current uses on the subject sites, adjacent existing uses, zoning and Future Land Use (FLU) designations. P&Z Board Meeting -June 6, 2001 Administrative Rezoning -Moss Road B. Public Facilities: The subject sites are already developed. No changes are being proposed to the existing developments. Therefore, the proposed rezoning will have no impact on public facilities and services. C. Nuisance Potential Of Proposed Use To Surrounding Land Uses: Four of the five sites are already developed with multi-family use, and one site is being used for a telecommunication antenna. The proposed residential zoning designation will be more consistent with the surrounding areas than the current industrial designation. D. Natural Lands Compatibility: Not applicable. E. Consistency With The Comprehensive Plan: The proposed rezoning will make the zoning of the properties consistent with the City's Future Land Use Map, and is consistent with the goals, objectives and policies of the City's comprehensive plan. III. FINDINGS A. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. B. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. C. Considering the type and location of uses involved and the general character of the area, the request would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. IV. STAFF RECOMMENDATION Staff recommends approval of the request to change the zoning classification on the Mosswood Apartments parcels, Time Warner Entertainment site at 197 Moss Road, the multi-family site at 201 Moss Road, the condominium parcels at 209 to 219 Moss Road, and the site where these condos are located, from C-2 (General Commercial and Industrial District) to R-3 (Multiple- family Dwelling District). V. ATTACHMENTS 1. Property Owners List 2. Legal Descriptions 3. Maps 4 P&Z Board Meeting -June 6, 2001 Administrative Rezoning -Moss Road PROPERTY OWNERS LIST Parcel 1: Mosswood Apartments, Ltd. C/O Equity/Lexford Tax #2190 P.O. Box 87407 Chicago, IL 60680 Parcel 2: Mosswood Apartments II, Ltd. C/O Equity/Lexford Tax #2191 P.O. Box 87407 Chicago, IL 60680 Parcel 3: Time Warner Entertainment Co. Advance/Newhouse 067-Tax Department P.O. Box 6659 Englewood, CO 80155 Parcel 4: Side By Side of Winter Springs, Inc. 575 Tuscawilla Road Winter Springs, FL 32708 Parcel 5: Charles R. Warner et al P.O. Box 660151 Chuluota, FL 32766 Condos 209 and 211: Charles R. Warner et al C/o Andreas Nicolaou P.O. Box 660151 Chuluota, FL 32766 Condo 213: Charles R. Warner et al C/o George & Maria Ioannides P.O. Box 660151 Chuluota, FL 32766 Condo 215: Charles R. Warner et al C/o Anna Koftidou P.O. Box 660151 Chuluota, FL 32766 Condos 217 & 219: Charles R. Warner et al C/o Theodoris & Polly Lyssiotis P.O. Box 660151 Chuluota, FL 32766 5 P&Z Board Meeting -June 6, 2001 Administrative Rezoning -Moss Road LEGAL DESCRIPTIONS The following legal descriptions were taken from the Seminole County Property Appraiser's Website: 26-20-30-5AR-OD00-092A LEG THAT PT OF LOT 92 DESC AS BEG 55.98 FT N OF INT E R/W MOSS RD & SE COR NORTH ORLANDO 2ND ADD RUNE 231.5 FT S 63 DEG 37 MIN 12 SEC E 113.17 FT N 27 DEG 27 MIN 41 SEC E 149.40 FT E 55.15 FT S 63 DEG 35 MIN 54 SEC E 142.70 FT E 143.90 FT NELY ON CURVE 55.98 FT N 22 DEG W 330.47 FT W 590 FT S 389 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 26-20-30-5AR-OD00-0920 LEG THAT PT OF LOT 92 DESC AS BEG 55.98 FT N OF INT E R/W OF MOSS RD & SE COR OF NORTH ORLANDO 2ND ADD RUNS 161.38 FT E 100 FT S 100 FT E 100 FT S 149.6 FT W 233.81 FT N 41 DEG 20 MINE 367.88 FT NELY ON CURVE 165.23 FT W 143.90 FT N 63 DEG 35 MIN 54 SEC W 142.70 FT W 55.15 FT S 27 DEG 27 MIN 41 SEC W 149.40 FT N 63 DEG 37 MIN 12 SEC W 113.17 FT W 231.5 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5. 26-20-30-5AR-OD00-092C LEG THAT PT OF LOT 92 DESC AS BEG 105.4 FT S OF INT S R/W YOUNG RD + E R/W MOSS RD RUNE 100 FT S 100 FT W 100 FT N 100 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 26-20-30-5AR-OD00-092B LEG THAT PT OF LOT 92 DESC AS BEG 205.4 FT S OF INT S R/W YOUNG RD & E R/W MOSS RD RUNE 93.80 FT S 149.6 FT W 93.80 FT N 149.6 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 2G-20-30-5AR-OD00-092D LEG PT OF LOT 92 DESC AS BEG 2336.28 FT S & 93.8 FT E OF INT C/L ST RD 434 & E LINE MOSS RD RUNE 106.20 FT S 149.60 FT W 106.20 FT N 149.60 FT TO BEG (LESS BEG 26.82 FT N&63.88FTWOFSECORRUNN89.90FTW32FTS89.90FTE32FTTOBEG)BLKDDR MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 26-20-30-5AR-OD00-092E LEG PT OF LOT 92 DESC AS BEG 2459.06 FT S & 136.12 FT E OF INT C/L ST RD 434 & E LI MOSS RD RUN N 14.98 FT W 32 FT S 14.98 FT E 32 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 6 P&Z Board Meeting -June 6, 2001 Administrative Rezoning -Moss Road 26-20-30-5AR-OD00-092F LEG PT OF LOT 92 DESC AS BEG 2444.08 FT S & 136.12 FT E OF INT C/L ST RD 434 & ELI MOSS RD RUN N 14.98 FT W 32 FT S 14.98 FT E 32 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 2G-20-30-5AR-OD00-0926 LEG PT OF LOT 92 DESC AS BEG 2429.10 FT S & 136.12 FT E OF INT C/L ST RD 434 & E LI MOSS RD RUN N 14.98 FT W 32 FT S 14.98 FT E 32 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 2G-20-30-5AR-OD00-092H LEG PT OF LOT 92 DESC AS BEG 2414.12 FT S & 136.12 FT E OF INT C/L ST RD 434 & E LI MOSS RD RUN N 14.98 FT W 32 FT S 14.98 FT E 32 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 26-20-30-5AR-OD00-092J LEG PT OF LOT 92 DESC AS BEG 2399.14 FT S & 136.12 FT E OF INT C/L ST RD 434 & E LI MOSS RD RUN N 14.99 I-~"I' W 32 FT S 14.99 FT E 32 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 2G-20-30-5AR-OD00-092K LEG PT OF LOT 92 DESC AS BEG 2384.15 FT S & 136.12 FT E OF INT C/L ST RD 434 & E LI MOSS RD RUN N 14.99 FT W 32 FT S 14.99 FT E 32 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 ATTACHMENT C BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown' John H. Ward' Gary S. Salzman° Jeffrey S. Weiss Suzanne D'Agresta Anthony A. Garganese° Scott D. Danahy Alfred Truesdell Arthur R. "Randy" Brown, Jr.' Brett A. Marlowe Jeffrey P. Buak Kristine R. Kutz Joseph G. Colombo Debra S. Babb ' Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certified City, County & Local Government Law ' Board Certified Labor & Employment Law August 15, 2001 Via Facsimile: 407-327-6695 Via First Class Mail Mr. Earnest McDonald, City Planner City of Winter Springs Community Development Department 1126 East State Road 434 Winter Springs, FL 32708-2799 Re: Ordinance No. 2001-46 Dear Ernest: Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Email: agarganese@orlandolaw.net Website: www.orlandolaw.net Cocoa: 866-425-9566 This letter is in response to your August 14, 2001 e-mail and fax. At Monday's City Commission meeting, the City Commission considered the adoption of Ordinance 2001-46 which would change the zoning designation for a parcel of land located on Moss Road south of State Road 434. I am writing to address two issues. The first issue is that Ordinance No. 2001-46 was revised and a revised copy of that ordinance was provided to the City some time ago. I noted at the Commission meeting that the prior ordinance was in the agenda package. I am providing to you another revised copy of Ordinance No. 2001-46. Please ensure that the revised ordinance gets placed in any future City Commission agenda packages. Further, it is important to note that the revisions to Ordinance No. 2001-46 were Mr. Earnest McDonald, City Planner City of Winter Springs August 15, 2001 Page 2 contained in the title of the ordinance. You must ensure that this revised title gets incorporated into any legal advertisement regarding the adoption of Ordinance No. 2001-46. I incorporated your revised title for convenience. Second, the issue of public notice was brought up by the City Commission regarding this ordinance. Because this rezoning ordinance is being initiated by the City, you should be aware that different advertisement requirements apply pursuant to § 166.041(3)(c), Florida Statutes. I am providing a copy of the relevant portion of § 166.041(3)(c), Florida Statutes, for your consideration. In summary, however, I wish to note that because the proposed city initiated rezoning involves ten contiguous acres or more, the City is required to provide public notice and hearings as follows: The City must hold two advertised public hearings on Ordinance No. 2001-46. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the second public hearing. 2. In addition, the required advertisement shall be no less than two columns wide by ten inches long, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. The advertisement should be placed in The Orlando Sentinel. 3. The advertisement shall be in substantially the following form: NOTICE OF ZONING CHANGE THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE: ORDINANCE NO. 2001-46 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON MOSS ROAD SOUTH OF STATE ROAD 434, LEGALLY DESCRIBED ON EXHIBIT "A"ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE MOSS WOOD APARTMENTS, FROM C-2 "GENERAL Mr. Earnest McDonald, City Planner City of Winter Springs August 15, 2001 Page 3 COMMERCIAL AND INDUSTRIAL DISTRICT" TO CITY OF WINTER SPRINGS R-3 "MULTIPLE-FAMILY DWELLING DISTRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. A PUBLIC HEARING ON THE ORDINANCE WILL BE HELD ON (Date and Time) AT THE CITY COMMISSION CHAMBERS LOCATED AT 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA (Insert a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as the means of identification of the general area. ~ 4. In addition, please consult the City Clerk for all other additional standard requirements for legal advertisements, including but not limited to, disability provisions, transcript provisions, etc. It was also the City Commission's direction that each individual property owner affected by Ordinance No.2001-46 be provided notice of the proposed ordinance . I suggest that the notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public meeting on the proposed ordinance. I would also include with the notice a full copy of Ordinance No. 2001-46 for the property owner's review and consideration. I would send the notices to the property owners by certified mail, return receipt requested. The return receipt is a good practice to monitor whether the public notice has been received by the property owner. Although § 166.041(3)(c), Florida Statutes, provides that you can send the notice to the individual property owners in lieu of a legal advertisement, I believe the City Commission's direction was very clear last evening. You should publish both the legal advertisement in the newspaper and provide individual notices to the property owners. In addition, it is becoming a practice in the City of Winter Springs that rezonings should also be posted on the property advising interested parties that a rezoning of the property will be considered by the City Commission. This practice will be formalized by ordinance in the near future. Mr. Earnest McDonald, City Planner City of Winter Springs August 15, 2001 Page 4 If you have any questions regarding this matter, please do not hesitate to contact me. I would be more than happy to provide any assistance that you may require. incer ly, Anthony A. Garganese City Attorney AAG:kj Enclosure cc: Mr. Charles Carrington, Community Development Director w/o enclosures Mr. Ronald W. McLemore, City Manager w/o enclosures F. IDOCSICity of Winter SpringslCenerallCorrespondencelMcDonald, F.rnesllMcDonald004.wpd