HomeMy WebLinkAbout2002 06 24 Public Hearings B First Reading - Ordinance 2002-02 Rezoning
COMMISSION AGENDA
ITEM
B*
Consent
Informational
Public Hearing X
Regular
June 24, 2002
Meeting
~ t
Mgr. / D
Authorizaf n -,
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for first reading of Ordinance 2002-02 to rezone a 7.561-acre tract, located
on Nursery Road on the east side of US. 17-92, from (County) C-2 "Retail Commercial", C-3
"General Commercial & Wholesale", R-2 "One and Two Family Dwelling", and R-1-A "Single
Family Dwelling" District to (City) C-2 "General Commercial & Industrial."
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for first
reading of Ordinance 2002-02 to change the Zoning Map designation (County) C-2 "Retail
Commercial", C-3 "General Commercial & Wholesale",R-2 "One and Two Family Dwellings",
and R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial & Industrial,"
subject to the adoption of the proposed development agreement between the City and Wayne P.
Reece (owner of the subject property).
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code states "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. "
June 24, 2002
Public Hearing Agenda Item B*
Page 2
CONSIDERA nONS:
. The area on the north, south, and west have commercial and industrial operations.
. The property was in the unincorporated portion of the county until it was annexed on
January 22,2001.
. On March 14,2001, the Commission held a first reading of Ordinance 2001-15 to change
the Zoning Map designation of a 7.561-acre tract from (County) C-2 "Retail
Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family
Dwelling" District to (City) C-2 "General Commercial and Industrial" District." The
property is located on Nursery Road on the east side of U.S. 17-92. Public comment was
made about the impact of a commercial zoning designation on the adjacent residential
properties to the north and east. After some discussion, the Commission expressed its
desire to hold a second public hearing on Ordinance 2001-15 on March 26,2001, with a
change in zoning classification to C-1 "Neighborhood Commercial" instead of the C-2
"General Commercial and Industrial District."
· On March 26,2001, the Commission held a second reading of Ordinance 2001-14 to
adopt the "Industrial" FLU designation. The second reading of Ordinance 2001-15 was
scheduled as the next item on the agenda. At that hearing, the Commission voted to
postpone both the FLU amendment and the rezoning. The City Manager was directed to
take the item back to staff and schedule it again before the Commission at an
undetermined future date.
. The matter was contracted to Marion K. Skilling Associates, who subsequently withdrew
without completing the task.
. The first reading of Ordinance 2002-02 to rezone the property to C-2 was deferred by the
City Commission on February 11,2002, February25, 2002, March 11,2002 and June 10,
2002.
. The proposed Ordinance No. 2002-07 to amend the zoning code, if adopted, will
eliminate many of the potentially incompatible uses from the C-2 zoning district.
. The affected parties and the City Commission discussed and agreed on a concept plan for
the site at its June 10,2002 meeting.
June 24, 2002
Public Hearing Agenda Item B*
Page 3
FINDINGS:
.
The proposed Zoning Map designation C-2 "General Commercial and Industrial" for
development of commercial/industrial activity, is compatible with the commercial and
industrial nature of US. 17-92. The amended Code of Ordinances and the development
agreement will minimize the negative impacts on the adjacent residential properties.
.
The proposed zoning change from (County) C-2 "Retail Commercial", C-3 "General
Commercial & Wholesale", R-2 "One and Two Family Residential", and R-I-A "Single
Family Dwelling" to (City) C-2 "General Commercial and Industrial" District will not
create additional negative impacts for the adjacent residential areas, du.e to the provisions
of the Code of Ordinances and the development agreement. If adopted, these provisions
will lessen the existing negative impacts through the implementation of both phase I and
II.
.
The City will have the capacity to provide sewer, water, and other urban services to the
subject property and adjacent parcels that it provides to other areas of the City when the
trunk lines are extended in the near future.
.
The proposed use of the property for commercial activity will add to the City's tax base.
.
Traffic generated from this commercial tract (7.561 acres) will not cause any significant
reduction in the Level of Service or threaten the Level of Service of U.S. 17-92. The
future development (phase II) will be subject to both City and county concurrency review
(county for transportation, only). A traffic study will be required as part of the submittal
requirements for phase II. Phase IT is subject to the land development requirements
found in Chapter 9 of the City Code and the development agreement.
FISCAL IMPACT:
None.
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2002-02 is tentatively scheduled
for July 8, 2002.
June 24, 2002
Public Hearing Agenda Item B*
Page 4
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a public hearing for first reading and adoption of
Ordinance 2002-02 to change the Zoning Map designation of a 7.56 I-acre tract, located on
Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3
"General Commercial & Wholesale", R-2 "One and Two Family Dwelling", and R-I-A "Single
Family Dwelling" District to (City) C-2 "General Commercial & Industrial District", subject to
approval of both the FLU amendment and development agreement. The rezoning should
incorporate the City staff and the Planning & Zoning Board's Findings, as the basis for the
adoption of the rezoning.
PLANNING & ZONING BOARD RECOMMENDATION:
The Planning & Zoning Board, at its March 7, 2001, meeting recommended the City
Commission approve the change of Zoning Map designation ofa 7.561-acre tract, located on
Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3
"General Commercial & Wholesale", R-I-A "Single Family Dwelling" District to (City) C-2
"General Commercial & Industrial District", incorporating the City staff and the Planning &
Zoning Board's Findings, as the basis for the adoption of the rezoning.
ATTACHMENTS:
A. Ordinance 2002-02
B. Planning & Zoning Board Minutes of March 7, 2001 meeting
C. City Commission meeting minutes of March 14 and March 26, 2001
D. City Commission meeting minutes of March 11,2002
E. Surrounding Land Uses
F. Existing Zoning on site and abutting properties
COMMISSION ACTION:
ATTACHMENT A
ORDINANCE NO. 2002-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING DESIGNATION OF THE REAL PROPERTY
GENERALLY LOCATED ON NURSERY ROAD EAST OF
U.S. HIGHWAY 17/92, LEGALLY DESCRIBED ON EXHIBIT
"A" ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, AND REFERRED TO AS
'THE NURSERY ROADnpROPERTY; FROM-(SEMINOLE-
COUNTY) C-3 "GENERAL COMMERCIAL AND
WHOLESALE DISTRICT," R-2 "ONE AND TWO FAMILY
DWELLING" AND R-l "SINGLE FAMILY DISTRICT" TO
(CITY OF WINTER SPRINGS) C-2 "COMMERCIAL
DISTRICT"; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, on March 7, 2001, the Planning and Zoning Board recommended approval of
this rezoning based on the testimony and information presented before the Board; and
WHEREAS, based on the recommendation of City staff, the Planning and Zoning Board,
and review ofthe competent substantial evidence presented to the City Commission on this rezoning
application, the City Commission hereby finds that rezoning the subject real property as set forth
herein constitutes a legitimate public purpose; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of
the public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY
ORDAINS'AS FOLLUWS:' -----~ - --'--''''. ..
Section 1. Zoning Designation Amended. The zoning designation of the real property legally
described and depicted on Exhibit "A", which is attached hereto and incorporated herein by this
reference, is hereby amended from Seminole County C-3 "General Commercial and Wholesale
District," R-2 "One and Two Family Dwelling" and R-l "Single Family District" to City of Winter
Springs C-2 "Commercial District." Upon the effective date of this Ordinance, City Staffis hereby
instructed to amend the Official Zoning Map of the City of Winter Springs to fully reflect this
amendment.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Severability. [f 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
City or Wi"l~r Springs
Ordi,l]l~ rlJ,~~OU2-i)2
.\
.~$z:'
".
~:~
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 4. Effective Date. This Ordinance shall become effective immediately upon Ordinance
No. 2002-01 becoming effective. If Ordinance No. 2002-01 does not become effective, then this
Ordinance shall be deemed null and void. .
ADOPTED by the City Comu1ission .of the City .orWinter' Springs, FlO"rida, in a'regular
meeting assembled on the ~ day of . ,- 2"002. " . '- - - -.-'
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. GarganeS"e, CitY Attorney
--, "
First Reading: _____________________
Second Reading:_____________________
Effective Date:
City o( WintC( Sl'rinl~~
Ordi,UI~ N.s>42OU2-D2
~
LEGAL DESCRIPTION
LOT 19 AND THE WESTERNLY ONE-HALF OF GRACE AVENUE ABUTTING LOT 19.
ENTZINGER FARMS ADDITION NO.3 AS RECORDED IN PLAT BOOK 6. PAGE 27.
PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA.
PARCEL #1: WESTERLY 500 FEET OF LOT 19 (LESS SLY 165 FEET AND SLY
235 FEET OF WLY 170 FEET) ENTZINGER'S FARM ADDITION #3. ACCORDING
TO THE PLAT THERE OF RECORDED AMONG THE PUBLIC RECORDS OF SEMINOLE
. COUNTY. FLORIDA.
PARCEL ~~: THAT PART OF LOT 19. ENTZINGER FARM'S ADDITION NO.3.
RECORDEG IN PLAT BOOK 6. PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE.
COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 19. THENCE N84009'38HE.
500.00 FEET ALONG THE NORTH LINE OF SAID LOT 19 FOR A POINT OF BEGINNING;
THENCE S05050'30'W. 156.11 FEET ALONG A LINE PARALLEL WITH AND 500.00
FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 19. SAID 500.00 FEET
BEING MEASURED ALONG THE NORTH LINE AND ALONG THE SOUTH LINE OF SAID
LOT 19. THENCE N8so30'33ffE. 31.91 FEET; THENCE N05056'S7HW. 153.63 FEET
TO THE POINT OF BEGINNING.
PARCEL #3: NORTHERLY 70 FEET OF SOUTHERLY 235 FEET OF WESTERLY 170
FEET OF LOT 19. ENTZINGER FARMS. ADDITION NO.3. ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS
OF SEMINOLE COUNTY. FLORIDA.
./
LOTS 1 & 12. BLOCK D. TALMo SUBDIVISION. PLAT BOOK 9. PAGE 10.-"
\ \
\::. -
\'c: ,=
I II.
~~........... \!l \,.
<'.~~~'~
"~r\ \ \
;-\ I '
...:.:..: ~ I
.~
\f'
\~
-"'\
\'s\
\~\'
\'2
,~
~'~\
-\'::-"\1
I~..
:1-
.~
\1..,:....".
-'":':
'~'~~'22..,~~,
o
- ,.
~ \, ,= ~
.... - '
,,0, I'
-:--Rf\~'_:
o -: : ~..-
'.Q
-\.~-\:
\ \ \ \ '
\ \ - \:
\ \ I
~~
(\
\..~,
^ ""'1
)-
0,,-0
~
/}~1'
1<Jl
<O~ .
'rq
."Q~
I
=
Ill, "
I t I ~. I I
--"'...,"-....~,
,.~
CITy OF'
,
..--.._~.-..
"- ..1..,,,.' ,','-:!"
LONe ~
. WOOD
,..
"
V,S. ffiVY 17/92
1011,
V I "I , I ' I :
"....,.--~....:...~.
....-... ..
o
0 \\
(~
\'
\
"
---.
---.
~
"
""
'-"
---.
~
,
/'
(:-
---.
'-,'
C/)
~
---.
,--.,1
-
<
o
0)
'tj
~\"~. .
~. .!
'". .
, .:..;.
ATTACHMENT B
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONIN9 BOARDILOCAL PLANNING AGENCY \
REGULAR MEETING - MARCH 7, 2001
PAGE30FII
AMENDMENT TO TI-IE MOTION. VICE CHAlRMAN FERNANDEZ STATED
"WOULD THE MAKER ACCEPT AN AMENDMENT TO INCLUDE THE
FINDINGS, AND STAFF'S RI~COMMENDA TION AND THE CONKLIN,
PORTER, AND HOLMES ATTACHMENT, THE RESPONSE TO THE ORC
REPORT." BOARD MEMBER GREGORY STATED, "AND THE
CORRECTION, YES." DISCUSSION.
VOTE (ON THE AM-EN-DMENT): .-.... .. . ..
VICE CHAIRMAN FERNANDEZ: AYE
CHAIRPERSON KARR: AYE
BOARD MEMBER GREGORY: AYE
MOTION CARRIED.
VOTE (ON THE MAIN MOTION)
CHAIRPERSON KARR: AYE
BOARD MEMBER GREGORY: AYE
VICE CHAIRMAN FERNANDEZ: AYE
MOTION CARRIED.
A. Reece Property Small Scale Plan Amendment (SS-CPA-2-2001)
Mr. Grimms introduced the Item and read the Findings. He spoke of the concerns that a
"good portion" of the property could be used as an adult entertainment facility.
Discussion ensued regarding whether "the City has a moratorium regarding the location
of adult entertainment facilities"; the location of the property; the distance an adult
entertainment facility must be from a resident's property; "whether there is a need to
expedite this particular Agenda Item-tonighf!;--and.~and -east:ofthe-property~-.---_._-------.....,..---- - -----
Mr. Phil Reece, 561 Virginia Drive, Winter Park, Florida: spoke of not knowing that an
adult entertainment facility could be on his property; and the property current use as
industrial. Mr. Reece advised those in attendance, "If there is some way we can eliminate
adult entertainment operations on this property - I certainly would be more than glad to
do that. I have no intention of using this property for that, it's all to be commercial
installation. "
Mr. Grimms spoke of the industrial zoning classification.
The Board discussed restrictions on the deed; potential future annexations with Industrial
Zoning; and whether future plans will be coming before the Board.
Mr. Grimms read Section 10-59. of the City Code.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY '~
REGULAR MEETING - MARCH 7, 2001
PAGE 4 OF II .
Mr. Rick LabinsA-y, Engineer: spoke of the distance bet\veen the property and the nearest
residential property line.
Tape I/Side 8
Discussion continued.
MOTION BY VICE CHAIRMAN FERNANDEZ. "BASED, UPON THE
TESTIMONY RENDERED HERE THIS EVENING, THE STAFF'S FINDINGS
AS OUTLINED IN ROMAN NUMERAL FOUR (IV), ONE (1) THROUGH FIVE
(5) ON PAGE NINE (9) OF TEN (10) OF THE REPORT SUBMITTED TO US,
AND FURTHER BASED UPON THE APPLICANT'S VERBAL AGREEMENT
TO PUT COVENANTS, CONDITIONS, OR RESTRICTIONS ON THE
PROPERTY THAT IT NOT BE USED AS AN ADULT ENTERTAINMENT
ESTABLISHMENT. BASED ON THAT I WILL RECOMMEND TO THE CITY
COMMISSION THAT THEY APPROVE MR. REECE'S REQUEST FOR A
CHANGE OFH'COUNTY- FUTURK'" LAND'-'-USE .. DESIGNATION-''''OF' "~-'--'
'COMMERCIAL' 'INDUSTRIAL', AND 'LOW DENSITY RESIDENTIAL' TO
THE: CITY'S FLUM' (FUTURE LAND USE MAP) DESIGNATION OF
'INDUSTRIAL' ON THAT 6.5 ACRE PARCEL LOCATED IN AND AROUND
THAT NORTH EAST CORNER OF U.S. 17-92 AND NURSERY ROAD,
SPECIFICALLY CONDITIONED ON THE PROPERTY RECEIVING CERTAIN
DEED RESTRICTIONS AS TO THE PROHIBITION TO ADULT
ENTERTAINMENT ON IT." SECONDED BY MEMBER BOARD GREGORY.
DISCUSSION.
VOTE:
BOARD MEMBERGREGORY:.AYK ~""
VICE CHAlRMANFERNANDEZ:AYE
CHAIRPERSON KARR: AYE
MOTION CARRIED.
B. Reece Property Rezoning (REZ-2-2001)
Mr. Grimms read the justification for rezoning; and Staffs Recommendation.
MOTION BY VICE CHAIRMAN FERNANDEZ. "I'LL MAKE THE SAME
MOTION AS I PREVIOUSLY DID WITH THE 'FLUM' AS IT RELATES TO
THE ZONING. THAT IS TO WIT TO RECOMMEND THAT THE CITY
COMMISSION APPROVE THE ZONING MAP DESIGNATION ON THAT 6.5
ACRE REECE PROPERTY FROM COUNTY C-2, 3 & R-I-A TO C-2 'GENERAL
COMMERCIAL & INDUSTRIAL' ON THE CITY'S ZONING MAP, AGAIN
SUI3JECT TO THE APPLICANT PUTTING CERTAIN DEED RESTRICTIONS
ON l' IUS PROPERTY THAT rr NOT BE USED FOR ADULT
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING UOARD/LOCAL PLANNING AGENCY ,
. REGULAR MEETING - MARCH 7, 2001
PAGE50FII.
ENTERTAINMENT PURPOSES." SECONDED BY BOARD MEMBER
GREGORY. DISCUSSION.
VOTE:
BOARD MEMBER GREGORY: AYE
VICE CHAIRMAN FERNANDEZ: AYE
CHAlRPERSON.KARR:.uAYK. u_..'
MOTIONCARRlED;" 0'- - .qO -- --...
C. Moss Road Area Multi-Family Plan Amendment (SS-EM-CPA-1-2001)
Mr. Grimms spoke of the applicant's purpose; and that their representative was in the
audience.
VICE CHAIRMAN FERNANDEZ STATED, "WHILE SHE IS GETTING READY
TO SPEAK - BY THE WAY I WANT THE RECORD OR THE MINUTES TO
CLEARLY REFLECT ON THAT LAST MOTION - THAT I MADE THE SAME
MOTION AS TO THE FUTURE LAND USE MAP TO WIT I INCORPORATED
THE ,STAFF'S FINDINGS ON THE ZONING MATTER, ONE (1) THROUGH
SIX (6) ON PAGE TEN (10) OF ELEVEN (11), THE SIX (6) FINDINGS THERE
TO SUPPORT IN ADDITION TO THE TESTIMONY GIVEN, MY MOTION
FOR THE CHANGE IN ZONING. DID YOU AGREE TO THAT MR.
GREGORY? AND DID YOU VOTE FOR THAT MADAM CHAIR? OKAY,
THAT'S WHY I SAID THE SAME MOTION AS BEFORE BUT I JUST WANT
TO MAKE SURE ITS CLEAR."
Vice Chairman Fernandez asked, "Why the Agenda Item is an emergency?"
Ms. Candice Birle, Wyman Fields Foundation: spoke of the Moss Cove project; the
partnership with the City; rehabilitating the single family units; the project costs; and the
present zoning classification jeopardizing the closings of the units.
The Board discussed if Ms. Bide had any paperwork from the bank requiring the zoning
change; Ms. Bide's testimony; the effect on the surrounding properties; and the property
lines.
MOTION BY VICE CHAIRMAN FERNANDEZ. "I WOULD MAKE THE
FOLLOWING RECOMMENDATION THAT CITY COMMISSION APPROVE
THE REQUEST BY WYMAN FIELDS TO REDESIGNATE THE AREA UNDER
CONSIDERATION AS R-3 'MULTI-FAMILY DWELLING' DISTRICT BASED
UPON THE FINDINGS OF STAFF WHICH APPEAR TO START ON ROMAN
NUMERAL FOUR (IV), ON PAGE NINE, THOSE THREE BULLETS POINTS
AND SPECIFICALLY I WANT TO EMPHASIZE THAT AT LEAST I AM
SATISFIED THAT THERE IS AN EMERGENCY THAT EXISTS. THAT WI~
'I.
ATTACHMENT C
.r
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION :-
SPECIAL MEETING - MARCH 14.2001 '.
PAGE 9 OF 24
VOTE:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
PUBLIC HEARINGS
B. Not Used
PUBLIC HEARINGS
C. Community Development Department - Planning Division
Requests The City Commission Ho~d A Public Hcaring For First Reading And
Consideration Of Ordinance 2001-14 To Designatc The Reecc Property (6.5 Acres)
"Industrial" On-Thc City's Futurc' Land Use' Map;' ... - H_ .-..---
Mayor Partyka stated, "Is there a Motion to read by 'Title' only?"
"SO MOYED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
YOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER GENNELL: AYE
DEPUTYMAYORMcLEOD: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2001-14.by "Title" only.
Attorney Garganese added, "This is a proposed amendment to your future land use map.
It's a legislative action, and the - city designation would be again, 'Industrial.'"
"MOTION TO MOYE TO SECOND READING." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER.
.
DISCUSSION.
VOTE:
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AVE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
CITY Or- WINTER SPRINGS
MINUTES
CITY COMMISSION '
SPECIAL MEETING - MARCH 14,2001
PAGE 10 Or- 24
Mayor Partyka opened the "piiblic Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Mayor Partyka stated, "The Motion will stand, and the Vote will hold:"
PUBLIC HEARINGS
D. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading And
Consideration Of Ordinance 2001-15 To Designate The Reece Property (6.5 Acres)
C-2 "General Commercial & Industrial" On The City's Zoning Map.
Mayor Partyka stated, "I'm looking for a Motion to read by 'Title' only?"
"SO MOVED." MOTION. SECONDED. DISCUSSION.
VOT.~:
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Tape 2/Side A
Attorney Garganese read Ordinance 2001-15 by "Title" only.
Attorney Garganese stated, "This is the companion Zoning Ordinance, that would go
along with 2001-14 which was just approved on First Reading. This particular Ordinance
would only become effective if 2001-14 becomes effective, for consistency with the
Camp Plan purposes."
Discussion ensued on what is currently on this property; advertising; notification of
neighboring property owners; and the proposed uses for this property.
Mr. Tom Grimms, AICP, Comprehensive Planning Coordinator addressed . the
Commission's concerns.
"I'LL MAKE A MOTION THAT WE MOVE THIS TO SECOND READING."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
Mayor Partyka opened the "Public Input" portion a/this Agel/da ItcllI.
CITY Of WINTER SPRINGS
MINUTES
CITY COMMISSION ~
SPECIAL MEETING - MARCH 14.2001
PAGE II Of 24
No one spoke.
The "Public Input" portion a/this Agenda Item was closed.
Regarding notification, Mr. Grimms stated, "All I said was that they are {lot being
notified on an individual basis. This is a longstanding City administration policy."
Further discu~-siO~followedOllri.otificationand wheth~r a:.r~_op~!iY.Vias pas.ted: .
COMMISSIONER GENNELL AMENDED THE MOTION AND STATED, "MY
AMENDMENT WOULD BE TO POST THE PROPERTY IMMEDIATELY AND
NOTIFY THE PROPERTY OWNERS BY REGISTERED, CERTIFIED MAIL."
COMMISSIONER GENNELL FURTHER ST A TED, "DEPUTY MAYOR
McLEOD ASKED ME WHICH PROPERTY OWNERS?" COMMISSIONER
.qENNELL THEN SAID, "THE ONES IMMEDIATELY ADJACENT TO IT, OR
DIRECTLY ACROSS THE STREET. THAT'S MY MOTION." MOTION BY
COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR McLEOD: NAY
COMMISSIONER MILLER: NAY
MAYOR PARTYKA: AYE
MOTION CARRIED.
DEPUTY MAYOR McLEOD STATED, "I WOULD EVEN MAKE A MOTION
TO MOVE- THIS -BACK--TO--€~l!L MOTION-BY--DEPUq'Y-MAY-OR MeLEOD;--------- --.------
SECONDED BY COMMISSIONER GENNELL. DISCUSSION.
DEPUTY MAYOR McLEOD CLARIFIED HIS AMENDMENT AND STATED, "I
W ANTED TO MAKE AN AMENDMENT TO THE MOTION - TO CHANGE IT
TO C-l.'" MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY
COMMISSIONER GEN,NELL. DISCUSSION.
Mayor Partyka clarified, "This is now a vote on the Amendment to go and change this to
Col. "
VOTE: (ON THE AMENDMENT)
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER GENNELL: AYE
COMM[SSION[~R MARTINEZ: NAY
MOTrON CARIHED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION .~
SPECIAL MEETING - MARCH 14.2001
PAGE 12 OF 24
VOTE: (ON THE MAlN MOTION)
COMMISSIONER GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
Commissioner Gennell stated, "Let's g'o back t<)'the'previous.Iterrt; and correcrit.".:-
COMMISSIONER GENNELL STATED, "I MOVE TO RECONSIDER ITEM
'c.'" MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY
MAYOR McLEOD. DISCUSSION.
QEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER GENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PUBLIC
HEARlNGS AGENDA ITEM "C" WAS DISCUSSED AGAIN, AS NOTED IN
THE FOLLOWING DISCUSSION. .:..:.
PUBLIC HEARINGS
C. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading And
Consideration. Of Ordinance.2.001-J4 To. Designate The Reese J.>roperty (6.S Acr~)
"Industrial" On The City's Future Land Use Map.
C" -., :-..
Discussion.
COMMISSIONER GENNELL STATED, "MY MOTION IS TO CHANGE THIS
TO READ - TO COMMERCIAL - ITEM 'c' TO COMMERCIAL FUTURE
LAND USE DESIGNATION.". MOTION BY COMMISSIONERGENNELL. -. - - .. .
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion o/this Agenda Item was closed.
COMMISSIONER GENNELL RESTATED HER MOTION AND STATED, "MY
MOTION IS TO CHANGE THE FUTURE LAND USE DESIGNATION ON ITEM
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION \
MEETING - MARC/'126. 2001
PAGE 9 OF 32
.:..:. AGENDA NOTE: PUBLIC HEAIUNGS AGENDA ITE;MS "H" AND "I"
FROM THE MARCH 26, 2001 REGULAR MEETING WERE DISCUSSED
NEXT. .:. .:.
v. PUBLIC HEARINGS
PUBLIC HEARINGS
H. Community Development Iiepartment - Plann'ing DivisioiI
Requests The City Commission Hold A Public Hearing For Second Reading Of
Ordinance 2001-14 To Adopt A Small Scale Comprehensive Plan Amendment (SS-
CPA-2-2001) That Would Change The Future Land Use Map Designation Of A 6.2
Acre Property From (County) "Commercial", "Industrial" And "Low Density
Residential" To "Industrial" On 6.2 Acres Located On Nursery Road On The East
Side Of U.S. 17/92.
Attorney Anthony A. Garganese read Ordinance 2001-14 by "Title" only.
Attorney Garganese then stated, "As you recall, the Commission approved this for
Commercial Future Land Use designation at the last meeting." Deputy Mayor McLeod
stated, "I would like to point out, I believe, the City Attorney had mentioned 6.5 acres,
it's 6.2."
Tape 2/Side B
Members of the Commission and Attorney Garganese agreed that the Agenda Packets
given to the Commission did not have the correct Ordinance, but that the Ordinance that
Attorney Garganese read was the correct version.
Discussion.
Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: the property owner addressed
the Commission on Zoning and Land Use Designations.
Manager McLemore asked that no action be taken, and that this Agenda Item come back
at a later date. Further- discussion.ensued.. .. u. .. _.. .. __._.. _..
Commissioner Martinez stated, "I just wanted to add to the record that it is obvious at,this
time, it's getting late, that we're not going to be able to do this tonight, and the suggestion
by the Manager - is v~ry proper, and we .should go along with this and postpone this
matter. "
"AT TIHS TIME I WILL MAKE A MOTION THAT WE DIRECT THE CITY
MANAGER TO TAKE THIS BACK TO STAFF, ITEM 'H,' AND BRING US
I3ACK - 'H' AND 'I' AT A FUTURE DATE." MOTION BY COMMISSIONER
GENNELL. SECONDI~D. DrSCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMl\1ISSION \
MEETING - MARCH 26. 2001
PAGE 10 OF 32.
COMMISSIONER GENNELL ADVISED THE CITY MANAGER OF HER
ADDITIONAL CONCERNS, AND STATED, "I DO NOT WANT, NUMBER ONE,
TO DUPLICATE WHAT IS ALREADY THERE, AT ALL; AND NUMBER TWO,
I WOULD LIKE, IF THERE WAS SOME WAY THAT THE PROPERTY
OWNER AND STAFF COULD COME TO A CONSENSUS TO REDUCE OR
ELIMINATE THE CONDITIONS THAT DO EXIST THERE BEFORE - GOING
FURTHER."
At the suggestion of Deputy Mayor McLeod, Mayor Partyka asked the Commission if
they would agree to seeing a show of hands from the audience, as to who would also like
to speak under' Public Input. '" The members of the Commission agreed (non-verbally)
that this was acceptable.
l?.EPUTY MAYOR McLEOD STATED, "I'LL MAKE A MOTION TO AMEND
THE MOTION - TO HAVE THE OPPORTUNITY TO OPEN THIS BACK UP
TO THE GENERAL PUBLIC, TO TAKE INPUT, PRIOR TO THE MOTION
BEING VOTED ON." MOTION BY DEPUTY MAYOR McLEOD.
COMMISSIONER BLAKE STATED, "MAYOR, POINT OF ORDER. I MAKE A
MOTION TO SUSPEND THE RULES." MOTION BY COMMISSIONER
BLAKE. SECONDED. DISCUSSION. DEPUTY MAYOR McLEOD STATED,
"CALL THE MOTION, MAYOR." ATTORNEY GARGANESE STATED,
"MOTION TO TABLE IS REALLY NON-DEBATABLE AND IT SHOULD BE
VOTED ON; THEN YOU CAN MOVE ON. COMMISSIONER BLAKE STATED,
"POINT OF ORDER, MR. MAYOR. THERE HAS BEEN NO MOTION TO
TABLE THE ITEM." I CALLED FOR A POINT OF ORDER. I DID MAKE A
MOTION TO SUSPEND THE RULES, WHICH WAS DULY SECONDED. I
THINK THAT REQUIRES A VOTE."
MAYOR PARTYKA STATED, "UNDER A MOTION TO POSTPONE
DEFINITELY, I BELIEVE THAT WOULD BE THE CORRECT TERM. MR.
BLAKE IS RIGHT IN TERMS OF - IT'S DEBATABLE, IT'S ALSO
AMENDABLE, AND YOU NEED A MAJORITY VOTE, AND SO THAT IS
WHERE WE ARE. IT THEN BECOMES A STANDARD VOTE, IT'S NOT A
TABLING- . VOTE.~'---.------'MAYOR" PARTYKAw_uFURTHER'. STATED,.....
"COMMISSIONER McLEOD, YOU HAD THE FLOOR IN TERMS OF
POTENTIALL Y AMENDING THE MOTION."
DEPUTY MAYOR M~LEOD STATED, "I WOULD LIKE TO MAKE A MOTION
THAT WE AMEND THE MAIN MOTION AND OPEN THIS UP AT THE
PRESENT TIME TO THE GENERAL PUl3LIC, FOR INPUT PRIOR TO
MOVING ON THE MAIN MOTION:" MOTION l3Y DEPUTY MAYOR
McLEOD.
CITY OF WfNTER SPRfNGS
MINUTES
CITY COMMISSION \
MEETING - MARCH 26, 2001
PAGE II OF 32
COMMISSIONER BLAKE STATED, "THAT MOTION IS OUT OF ORDER
BECAUSE THERE tS A MOTtON TO SUSPEND THE RULES, WHICH IS NOT
DEBATABLE, AND WE HAVE TO VOTE."
DEPUTY MAYOR McLEOD STATED, "MA YOR I WILL YIELD TO
COMMISSIONER BLAKE."
MAYOR PARTYKA ST ATED,"CALL tHE YOTE ON StfSPENSION Oii T'HE
RULES."
YOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
Mayor Partyka opened this to "Public Input. "
Ms. Figliolia, 1211 Lake Lucerne Circle, Winter Springs, Florida: advised the
Commission about drainage into the lake, and explained that the lake was dry.
Ms. Dawn Chubb, 1296 Lake Lucerne Circle, Winter Springs, Florida: asked if she
would lose her back yard due to this project. Mayor Partyka suggested she contact an
attorney.
Mr. Thomas Gekas, 1115 Oak Lane, Winter Springs. Florida: asked about businesses
and the easement, and suggested that the area be measured.
Ms. Ruth Bilskie. 103 Melton Drive, Winter Springs. Florida: Spoke of businesses and
asked that the area be cleaned up.
The "Public Input" portion of this Agenda Item was closed.
Mayor Partyka stated, "The suspension of the rules, I believe are finished. We will go
back to the rules now." Mayor Partyka added, "There is a Motion, I believe, on the floor
that talks to postponing this to the next meeting for analysis." Mayor Partyka then stated,
"Now we are back to the Motion. The Motion is still there."
Commissioner Gennell asked, "On the east end of this property here, there are a bunch of
dashed lines here, and I'm wondering if that's a right-of-way for an extension ofTalmo,
or just what that is behind those residential family lots there?" Commissioner Gennell
asked for an explanation or litis.
..~ I
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION \
MEETING - MARCH 26, 2001
PAGE 12 OF 32
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
Mayor Partyka stated, "This is postponed to the next meeting."
.:. .:. AGENDA NOTE: THE ABOVE MOTION FOR PUBLIC HEARINGS
AGENDA ITEM "H" ALSO TOOK CARE OF THE NEXT AGENDA ITEM,
PUBLIC HEARINGS AGENDA ITEM "I" AS DOCUMENTED IN THE MOTION
ABOVE. .:. .:.
V. PUBLIC HEARINGS
PUBLIO HEARINGS
I. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading Of
Ordinance 2001-15 To Adopt The Rezoning (REZr2-2001) That Would Change The
Zoning Map Designation Of A 6.2 Acre Property From (County) C-2 "Retail
Commercial", C-3 "General Commercial & Wholesale", R-1-A "Single Family
Dwelling" District To (City) C-l "Neighborhood Commercial", Located On Nursery
Road On The East Side Of U.S. 17/92.
.:. .:. AGENDA NOTE: THE COMMISSION THEN HEARD THE
FOLLOWING AGENDA ITEMS FROM THE MARCH 26, 2001 REGULAR
MEETING AGENDA, AS DOCUMENTED. .:. .:.
VI. REGULAR
REGULAR.'.
A. Finance
Requesting City Commission Acceptance Of The Comprehensive Annual Finan'cial
Report (CAFR) For The Fiscal Year Ended September 30, 2000.
Ms. Louise Frangoul, Finance Director introduced Mr. Eldon McDinnit with McDirmit,
Davis, Puckett & Company, P.A.
Tape J/Sidc A
. c'
ATTACHMENT D
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 11,2002
PAGE 9 OF 28
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
A cake was presented to Commissioner Martinez in honor of his Birthday.
Mayor Partyka called a Break at 8:05 p.m.
Mayor Partyka reconvened the Meeting at 8:26 p.m.
Mayor Partyka said, "I have got three (3) here for 'Public Input' - Charles Cordero, Pam
Cordero, and Maryann Avery - that's in terms of the Parks. We've already handled that
issue, so we'll just put that as part of the record."
Commissioner Blake returned to the Commission Chambers at 8:27 p.m.
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:.
v. PUBLIC HEARINGS
PUBLIC HEARINGS
C. Community Development Department
Requests The City Commission Conduct A Public Hearing For The First Reading
Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM)
Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling
7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S.
Highway 17/92.
"MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION.
Commissioner Blake stated, "I am very surprised to see this back on the Agenda in its
exact original form, I think, as it was the last time we passed over it. I think the only
hope at this point is for us to 'Table' this at this point in time and have Staff bring it back
to us as we have already stated, I believe as a Commission we desire it to be brought
back. I will disclose that I did have a conversation with the property owner and the
applicant shortly after our last Meeting and we discussed a method by which he could
place a Land Use and Zoning classifications on that property that works for everybody."
Manager McLemore explained that "We're proposing that we clean up your Zoning
Ordinance and take Industrial uses out of the C-2, fix the 'Commercial' and 'Industrial'
permitted uses in your Ordinailce and then come back at a later date, as soon as this goes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 11, 2002
PAGE 10 0F28
through the Planning Commission and processes through, and then apply the appropriate
Zoning with an appropriate zone, which we do not have at this point in time."
Commissioner Blake said, "Point of Order" and commented on the Motion.
Mayor Partyka summarized the Motion on the floor - "Read this by 'Title' only, that's the
Motion right now."
VOTE:
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: NAY
MOTION DID NOT CARRY.
Commissioner Blake stated, "Point of Order" and spoke on legal procedures associated
with this Agenda Item
"MAYOR, I AM GOING TO MAKE THE MOTION THAT WE MOVE
DISCUSSION OF THIS ITEM, THAT BEING ORDINANCE 2002-01 FOR
DISCUSSION PURPOSES ONL Y TO THE REGULAR AGENDA."
COMMISSIONER BLAKE REITERATED HIS MOTION AS, "MY MOTION
WAS TO MOVE CONSIDERATION OF ORDINANCE 2002-01 AND ITS
. DISCUSSION TO A REGULAR AGENDA ITEM." MOTION BY
COMMISSIONER BLAKE.
COMMISSIONER BLAKE FURTHER CLARIFIED HIS MOTION AS,
"MAYOR, MY MOTION IS TO NOT READ THIS ORDINANCE AND TO MOVE
IT TO THE REGULAR AGENDA FOR FURTHER DISCUSSION." SECONDED
BY COMMISSIONER MILLER. DISCUSSION.
COMMISSIONER MARTINEZ ADDED, "WE NEED A P ARLIMENT ARIAN
HERE."
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
D. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of
Ordinance 2002-02 To Rezone A 7.S61-Acre Tract, Located On Nursery Road On
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH II, 2002
PAGE 11 OF28
The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", C-3
"General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R-
I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial."
"MAYOR, I WOULD MAKE THE SAME MOTION FOR PUBLIC HEARINGS
ITEM 'D,' THAT'S ORDINANCE 2002-02, WHICH IS THE SAME QUESTION
ONLY DEALING WITH THE ZONING ISSUE ON THE SAME PARCEL."
MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR
GENNELL. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
.COMMISSIONER MARTINEZ: NAY
MOTION CARRIED.
Mayor Partyka stated, "What we are doing is now discussing 'C' and 'D.' We will allow
som~ input from the public, and then after that we are going to go into Regular Item 'A,'
which is the Development Agreement." Further, Mayor Partyka explained, "We moved
all three (3) items to this time, so we could handle all the people - so we are going to
handle this right now, just as under the Regular Agenda."
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE
DISCUSSED NEXT UNDER THE REGULAR AGENDA, AS DOCUMENTED.
.:. .:.
VI. REGULAR
(FORMERLY PUBLIC HEARINGS AGENDA ITEM "c")
Community Development Department
Requests The City Commission Conduct A Public H~aring For The First Reading
Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM)
Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling
7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S.
Highway 17/92.
(FORMERLY PUBLIC HEARINGS AGENDA ITEM "D")
Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of
Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On
The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", C-3
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 11,2002
PAGE 12 OF 28
"General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R-
I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial."
(FORMERLY REGULAR AGENDA ITEM "A")
Community Development Department
Requesting Commission Consider And Approve A Development Agreement For A
7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17-92 And
Nursery Road.
Manager McLemore spoke briefly on the Zoning classifications; and then Mr. Charles
Carrington, AICP, Community Development Department Director gave a historical
perspective on the properties in question.
.With further discussion, Manager McLemore stated that "There are extreme site
conditions that have got to be a part of this solution. Simply zoning the property is not
going to solve the problem."
Further comments were made by Mr. Carrington.
Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: addressed the Commission
and stated, "My suggestion would be that the property that is - currently being used as
'Commercial' including the duplexes which are non-conforming in that area, - from there
west to 17-92 be your Zoning of C-2. The property to the rear - 'Residential.' I guess
you call it R-3, I'm not totally familiar with that density - 'High Density Residential' -
and the property across the street, the same way; and I don't see, you know that that
would cause me any great heartaches and I could still eliminate the parking problem that
I've got up there, because I could at that point utilize some of that R-3 or R-T or whatever
you call it as a parking area. So, the only thing that would be developed in the back is
'Residential Multi-Family' or duplex or something on that order. I guess that again has to
go through your Planning Department and whatever traffic it generates it has to take care
of that or it can't be developed, or make it into a park or give it to a church or do
something with it." Mayor Partyka said to Mr. Reece, "But, conceptually it sounds like
you are agreeing with what the things are being said right now." Mr. Reece stated,
"Conceptually, I am agreeing with that, yes."
For clarification purposes, Mr. Reece pointed out to the City Commission the property he
was speaking about.
Tape 2/Side B
With discussion on the parking situation, Mr. Reece stated, "I along with the tenants have
created a problem that needs to be corrected."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 1\, 2002
PAGE 13 OF 28
Mr. Rick Labinsky: as an engineer working for Mr. Reece, addressed the Commission on
parking issues and the duplex concept.
Manager McLemore said to Mr. Reece, "If you developed a multi-family arrangement
back there, you would need parking to accommodate multi-family, then also parking to
accommodate really what is off-site parking for the commercial area, right?" Mr. Reece
responded, "I don't need off-site parking. I've got more than adequate parking."
Manager McLemore then said to Mr. Reece, "And the front end of your recommendation
- the front would be C-2?" Mr. Reece stated, "Yes, sir." Manager McLemore then stated,
"Is it the Commission's desire for that to be inclusive of the current industrial uses?"
Commissioner Blake stated, "As revised." Mayor Partyka added, "I believe the comment
made by Mr. Carrington was that they're talking about a revised C-2 Zoning that is going
to be - developed shortly for this Commission to ultimately make that decision."
.Manager McLemore stated, "Correct." Further discussion.
Commissioner Blake suggested that "I would like to at this point, send it back to Staff. I
don't know that it necessarily has to go back through P and Z [Planning and Zoning
Board/Local Planning Agency]." Furthermore, Commissioner Blake stated, "I think we
could certainly send this back to Staff to have them develop a Developer's Agreement,
put together a Developer's Agreement with the property owner that embraces everything
that we've talked about this evening, go through that C-2 list and scratch out those things
- in my opinion, some of the items that we have talked about moving from C-2 to
'Industrial' would end up making some of these parcels that he has already - as non-
conforming uses and we need to decide whether, and I think this is a Staff issue to work
on and bring it back to us to decide whether we want those three (3) or four (4) non-
conforming uses for the period of time or if we want to through a Developer's Agreement
allow those uses because of currently allowed Zoning in the future." Commissioner
Blake added, "We need to have it go back to you folks to work and bring it back to us in
two (2) weeks or four (4) weeks or whatever."
Deputy Mayor Gennell spoke of her concerns with the "linear junkyard" and said that she
was not in support of accommodating more "So-called parking spaces."
Commissioner Martinez voiced his concerns with Commissioners speaking with
applicants.
Commissioner Blake stated, "Point of Order" and asked Mr. Reece to clarify who called
who. Mr. Reece stated that he had personally called Commissioner Blake.
Attorney Garganese addressed the most recent comments and added that this was a
legislative matter.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 11,2002
PAGE 14 OF 28
Ms. Cindy Slack, 1220 George Street, Winter Springs, Florida: spoke on behalf of her
neighbors and commented that they had met with Mr. Reece on three (3) occasions;
mentioned an oil slick which was a concern; noise problems; parking concerns; problems
with tenants; and a previous consultant. Ms. Slack added, "We talked at the last Meeting
and requested possible annexation into the City. You had directed - I'm not sure who on
your Staff to get information to me, that I would be the person that would spearhead it.
I've not received any of that information yet, and these are issues that really could be
addressed with that information if we had some enforcement." Mayor Partyka said, "So,
follow up on that with the City Manager."
Manager McLemore spoke of Commissioner Blake's recommendation and reiterated,
"We'll hold off on this Development Agreement and meet back with the parties and see if
we can deal with this permitted uses situation." Manager McLemore added, "I would like
to bring back this original PUD [Planned Unit Development] plan and see what it was in
. there that people seem to be agreeable to."
Mr. Reece then stated, "Those duplexes that are next door have a well, and those wells
are monitored by Seminole County and they have to have - the water has to be checked I
believe, every ninety (90) days, and,the well has never failed and the well was there when
I bought the property, and it's still in use. So, I assume that it is much closer to all this
pollution that is going on and the oil that is going in the ground and - it's still in good
shape. I intend to hook that up to City water. But, be that as it may, they may not have
that option. The other is, as the City Manager pointed out, in go in there and build a wall
and do a parking lot and with proper retention it meets all the requirements of the City, it
seems to me that that would be more palatable to the neighborhood than a commercial
building, which she is alluding to - and I am saying I don't want any commercial
buildings back there on that property. All I would like to do is clean up the property that
I've got up front. I can't do that without a parking lot. I can leave the property as is - just
right where it is and not do anything."
Manager McLemore explained, "We need your concurrence to take a rezoning scheme
back to the Planning Commission. At the same time, I will meet with Mr. Reece and the
Staff - you are welcome to come along - we need to discuss these permitted uses we are
talking about and how we are going to deal with them, even though we think we already
have a way of doing it - and see if we can get another step closer to where we could come
back at either the next or right after that Commission Meeting with a Development
Agreement." Ms. Slack stated, "Agreed."
Commissioner Martinez asked to correct the record about previous comments that were
stated and said "My words very clearly, which are still on the record say that they 'should
be' - big difference from saying they 'are' or they 'should' be."
"I WOULD LIKE TO MAKE A MOTION TO DISPOSE OF ITEMS 'c' AND 'D'
ENTIRELY AND START NEW THE NEXT TIME, FOR THE SIMPLE REASON
THAT AS THEY ARE CURRENTLY WRITTEN, THEY DON'T REFLECT THE
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 11, 2002
PAGE 15 OF 28
WILL OF THE COMMISSION A YEAR AGO - AND THERE ARE ALL KINDS
OF DISAGREEMENTS BETWEEN THE DOCUMENTATION FOR THE
AGENDA ITEM AND THE ORDINANCE ITSELF - THE MINUTES THAT ARE
HERE REFLECT THE FACT THAT LAST YEAR THIS WAS BROUGHT TO US
AS A C-2 PROPOSAL. WE AS A COMMISSION VOTED TO SEND IT TO
SECOND READING AS C-l, AND IT CAME BACK IN FACT AS C-2."
MOTION BY DEPUTY MAYOR GENNELL.
DEPUTY MAYOR GENNELL ADDED, "WE ARE GOING TO BE DEALING
WITH A DIFFERENT - ENTIRE ORDINANCE ANYHOW, AND I WOULD
JUST LIKE TO SEE IT START OVER, FRESH AND CLEAN." MOTION BY
DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
ATTORNEY GARGANESE STATED, "AT THIS POINT, 'C' AND 'D' WOULD
HAVE TO BE RE-ADVERTISED."
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Manager McLemore stated, "We will contact Mr. Reece and his consultants and have a
meeting with us and Staff."
Mayor Partyka said, "Tomorrow, sometime call Mr. Reece, call up Ms. Slack, set up a
Meeting as quickly as possible and start this process. Can you do that?" Manager
McLemore stated, "Yes."
Deputy Mayor Gennell commented on the unlicensed vehicles mentioned earlier and said
for the record, "There is a large number of vehicles out there that are unlicensed, sitting
right there on the road." Mayor Partyka stated, "City Manager, get Code Enforcement
people out there to take a look at that."
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:. .:.
v. PUBLIC HEARINGS
PUBLIC HEARINGS
ATTACHMENT E
BusmESS NAMES
1 . Public Storage
2. Liberty National Bank
3. Fairbanks Mazda
4. Longwood Plaza,' including Allstate, Unique Casket Shop, Bridal, Printing,
Alamo, Mythical Reflections, Barber Shop. Beauty Salon, Nextel, U-Nails, Golf
Equipment, Farm,ers Market, and vacant space.
I
5. Brakes & Alignment, Z- TECH Auto Repair, and Custom Carpet
6. Maaco
7. Single-Family Homes
8. Hubcap Daddy, S:u~ Shop, Auto Tinting. Thrift Store, and Bovvtie Auto
9. King Apartments (Duplexes)
1 O. Auto Transmission Repair. Mike's Automotive. Integrity Automotive, Rick's
Foreign Auto Car~, Longwood Auto Electric, and Access Motor Sports
11. Vacant Property
1 2. Toyo Tires, Semi~ole Car Wash, McGrew Auto Sales, Meineke Mufflers, and
Vacant Space I
1 3. Moine Cycle Shop and Sunrise Auto Body Shop
1 4. Vacant Property
15. Vacant Property .
16. Single-Family Homes
17. Vacant Property ;
18. Single-Family Homes
1 9. Burger King
20. Cabinet Resurficirg
21. Single-Family Homes
22. Golf Terrace Apartments (Multi-Family)
I
. . - - ,'-.
,~. . ~ .
, '. '., ...... :. ... ',' .~'.. ~ .
o
..,
0)
:::s
cc
CD
~
:::s
c
CD
U.S. Highway 17 -92
o " E21O.O...O
:J 0 r-
-......
'<=
C -O()) ~ 0 -r (') S ~ ()) )>
~ ::OC "'Tl z- 0
...... om "'Tl 00 C Z Z
9t (') CI s: ~ 0 0
<0 -oc.... )> (') ())--l s: I r C
mm z m .. "'Tl
(l) --l m "'Tl )> m
"U ::0(') --l ::0 I C
c --l--l )> ::0 )> ~ "'Tl
...... -< (') s: )> en
"U r
0 r )> r -< s: m
GI)
(l) r -< r
GI) -<
- . .. -- ._-------~
~ ~.
0 ~ (..)'
~ .
:r\' r.;.....''l"_':"__
~ Ridge Street
.,
CD Z
S. ~ c
""".J ..,
tIl -
~ ..Jo. CD
~ C') ~
~ S'
00 0)
Co
<bl
L=. ,_ .~_~ _
, Ui!
,;";;r. .~........... .
,./
. ,L'
,~!II"~-,:'""
""".J
z
=
..
CIl
I'D
~
~
tfjc
~ ~
-. Q.
~oo
5' a
aQ ~
t""l;:......
~oo.....
= n "'"
Q.a"",
dI'D>
CIl(")(")
I'Dc=
~ a ~
Q. ~ tfj
t:l:lI'Dz
=c:l".....J
CIl I'D '""J
-. =
= CIl tfj
I'D -.
CIl <
CIl I'D
z~
~ -
a ~
~ >
a
I'D
=
Q.
a
I'D
=
-
\
ATTACHMENT F
Map .layout for: Seminole County Map
Page 1 of 1
I
Golf Terrace
Apts.
US
17-92
City ofW. S.
R-3
MuIti-uIY
290 ft
A
2/14/02 3 :51 :52 PM
Please see attached zoning legend and table
lttp://ntmap.scpafl.org/ scripts/esrimap.dll ?name=Simon&cmd=print&addcov=aab,aac,aad,aae,aaf&dotico... 2/14/2002
Map Legend
Page 2 of2
1
>>
AF~Iic5RElAEltfEHOUSII\JG 0wg1ILlN~
IIAB'R,C\;..IL:TURE .
!.. G0NV5NlgNcEl~OMME:RC'Ak
~~'. G~W~T~Y.i~0'~~~jDI~~ICT
.. .... ~ENERAkCeM~ERC!ALAN~WFfdbESAu]"
:_INDUSTRIAL
1.MUGT'PI2~~~AM!I;*:~YVEl!wIN6
_0Fr=ICE;PROFcE~$IP'NA~
. ..0NE~;AND'1Wb-/iAMlbYjlD.wE4.L!IN9
I :i:::~::~~~M:;::~~;eT
I i"tU8L1C !.i\N0pAND)INSjFfUT:IQNS
. '~~wr[fj~Ni;IAlipR.bKE$.SI6NAL
I . .~~S~TRICTEID NEIGrt~ORFrO.0DCQMMER()lAb
, t'. t~~fJ.\r~G~MMEa'C1!\~
~ 11~lf(2IN~[[E!F&MIQ('~W~llbIN9
ISINOkE'-FM1ILY M()IIl.E110~E
I .~SI~G~E~.~~.MILY'~~8b~~~O~~ .R~~~,~ ....
: ~,::~::;:::m:C~Mp.SI~S
I _~ . ~_...~ _ . _ ._~. ,__ .... .--.,_ _~,...." ,_"
~~" ~E~Yl!IGHTIN!;)PJS~8IA6
Parcel Sold In 2002
--:.
..-
a R.--J
II..
-0
......",..
I:l
-om - --1
Parcel Sold In 2000
-_r--
]
http://ntmap.scpafl.org/scrip ts/esrimap.dll ?name=Simon&cmd=legend&addcov=aab,aac,aad,aae,aaf&dotit. J 2/14/2002
M
Q
,
("IJ
Q
Cl.
lfl
fq
['-
lfl
lfl
\!J
\!J
~
>-
r-
5
o
u
UJ
~
1:
lJI
tf)
'1
~
(\J
~
(\J
I
lfl
....
I
co
UJ
u.
":0
..",
""
WIll Tl1 AT HOUSE llE1llACKS f I ~
ZDMNG OlSTlUCT . LOT SIZE eUlUllNG SIZE ADOmON......IHl'ORJMT1ON
-- UIIE I" lIllf IS R i
--. .' , II:
a""",,11IJral A-l 1 """' lSOt\. HlA SO 50 10 :lO STIlUC11JRES .Ac::cessoRY TO Tl1E RESIDENCE: 10 ft. a!da and..1t .olbad<, SO t\. m~
RarwllD<lin g 'CJaalI\cIlle!lflW~ A..:I 3 .,.." ISO Il 700 M. It 1!II'l SO 110 30 Inn)'llrd ._ and _ let ll'll!eClI beyond ""Inn buill!n; line b' "" ...iII rasldonoo
SubdMslcm SbI1cl....... A-8 5 .,.." ISO II 700....11. 50 50 110 30 I ':.~..~n.lOOlI.ulI>&t.Ioc:onbemPIUIlll<ld. '--R o'~I'~.~'
;o..tO 10 ClCnO 150 t\. 700 sq. II. 50 30 .j 10 30
~He..- Dlrn<< ~I 10cr9 I~t\. 1200 .Il. 36 J~ ,'" 36 SOll.l'1ont. HIe 1Ild~ lOOIl.~~de;;iij It>\i~;;n.n "',.-Icle,o,""'"
Slng.....amlly Dw.Wn; R-181l COO SOli. 700 It 20 20 IS ~ ~ ~ -.lIundt1ld sq. tlJ aOClIq. 11.1 ~ sIza IniIor llwlvelloel (121 III
~;!a 700 Il 110ft. 700 .11. 20 20 17.$ hoi;It WI __1l/1 cia. __ roq~ opclllalble ID !he ",.... ...ldonlllllru<::U9
ft.! I MY! I\. 701l. 700 25- IS- I 7.S _ en tho ..... pareel. I
Roll. 9.000 t\. 7511. 1100 .ft. 2!5 S- 7.S ~_/M \Illdo'l'oCHIUlldt..:lIll.ll. (200 Ill- ru In IIze ond ___IHI C121l)
R-IM 1 1~ .t\. !lell. I_ .t\. 2ll 1 In IIoigIIIItIIII mIIinIIIn . m~ 10 II. _ and,.., yare! __ CDIClC fer _nr-
R.IA.U. 13Slll....ll. 100 It 1!llX Il. 215 25 10 1\..18& R-1B8w11on... ~ l'W'l_dlahd ~1tIo _ altlo ~ tl'lt>e....ln
R.IAMA. I.71lO .... Il I lOOt\. IllOO .ll. 2S 25 110 30 .adore. (rar *11 ~ to III &Illl RC-l ....... IN s1'" iuld rest ywlllllltledllMll ~ 20 ll.
0lV and Tw<>Somily o-Ulng R'; a.coo sq.1I. 17H. l~oq.1\. 2S 25 1\0 30 POOlS AIlO POOl SO!El:N arct.0SURES: I
for $ilgle or b' CuP.... SNI_n. _... lOll. okjund ....,.,...aIllK.Ic vnI_ aIMllng . _ boc!y._
(llupla lot....., W ~ to fac-a_ cIupC and ~. lilt ""'" ShIll malnlalll 15 I\. and "" pccil....... enclcGJro shall ..,.;nlIdIl I 25ft. ~
...~~rv:tN'\..Jot.~.NIIlbe ~"'il 700 sq. It ~RrotllRef.tE~ .
4SOI tQ. I\. Ind 11 ~ tftIo. widt!'ll1 Du!kSin; I ~,.".". i Nt:;asJry 1lNdIJ/M .hoI net plOlld ~rd h jtolatllahod Ito~ bUldi'lg IN d 11I0 _1'1
n...) . ~~b=:S~CIl=,::'~:' ~~yWs. See lArd ~pne<Il Codeler
I
Mulijp.....mJly o--rrlng IM.<. Donsltv 13 dufa:: ~ ace .""",val 1-5lZlry _...: W'Ilonlil<llllng. _Iy Zoned OinIclor~ t..Id Usa daslgna:loo en llUI
IW 2S' ,.SoI.R Q:luII'(I Ce!T\llrello'- Aort, _\tie und lle"'!lcpmont Cede. ~ buhr
Max. DoMllv 10 duf&c IMt/I ace a """,val 2-3 S1cry e...O#>;: ~"'III.I'or~-.;~~. !
R-3A 35' F. S 01. R In lilt R-4 O\sllfcl. Inoaae dle sa1IllCl< b7 10 II. rd, eadI rtlry...., on..
RA Mal. l!e\ollv va1lo5 ~ ace a"""""". 25 .2S 12S 25 i
81n<rl.-hmJlv Ucbjlo Hom. All..' 7000 10 Il tTOIl HlA 20 20 , 10 20 Set Ine Cede lot Ill. b<.iI<I, _ _01 raq.,"- -..nd Ih8 perim.mr d lNo RJ.l..I or RMo2
SlMlo-F.",avUcbjlo Homo Poui< RN.. ~ 000 In.ll. I !:Oil iliA '" 20 10 15 _ ""'DOtti. : .
T........ TflIII.' Pm & CVnposlbrs RJI-3 See lJind O<welcrr.-t iliA ! No..a<b fO( N t1dlWN8l_.. A 2S 1l_1& ..c:uirwd....,l8\d Il>o ptriInotJr of N .
C<.j. eridrw 0BJlc. .so. lAnd o...eloe""'nl c"de ~... dolilJ..' ". .' . . -....
PlannMf Cormutrdal O!sb1ct P1:D Sile PIon Requirod 2S 25 0 10 _ _ng . Ra&.kIonaally ZDt1.t Dlllr1clor ABJidG1lia1 LJold Use d..si;natlon en lIlo
ec..nty'1 CemprellanWt Plan. _\tie Land Dne'e.....11l Cede, -.uiYe but.,
I .'. :::::m.=..=... '"%=..:: n:~ - clCco.ml\' Commiui:nIIS!My
PLonnOl1 UnK _ "'"'" PlJD _PI...- Yri1IIltI. Fln.' ,,,,"n.
Public l.ancls and ,_ PU Z5 2!l :IS 25 ,.c \.and o...L CCClorcr.tdillcnsl ,.....,=rto_
Rcsldonl1ll ProohaslelQ/ RP S.. Und Oe-telop~ COde I13r !otnirllum 2S 2S , 10 30 00Mlcpmar\l ct_ pope/1\' IIctoflc& UN _ campIJ '"'" lIlo ~r.em.m. d 1II. Op.
roquItomonll 0IIc0 ~ ZaNIQ D!nict. WhiR lIbIltIJc . Ilaldereally ZlltItd 0IIllIcl or RMld~
l.IlIIl Usa deslrlnafon en 11I0 Colrnr(I Ccm~ pr.n. .. dle lMl<I O-cpmer.l O:ldot.
IremoJrC.I :' cIcs. .
om.:. Profes$jonaJ 0' lS00c ".Il 100 II. s.o tllC 2!l 25 10 10 _ aIMl!nu. _Inllally ZDned Obtll;Sot-Riiildornlall.an<l u.. ciulgno1lon on 1he
RI1ta.II <;amm~ 1 12!l 2S 0 IQ 0lu'It(1 CcmpnhanaIYe PIIIn. ...lItel.alld DMlol>rMnI Code. ~...... bulls'
C-2 2ll ~5 0 10 ~-. fo''''.'''qr,Wd selbood<a.
ae-=eo_ & WlIolUllk C-2 29 ~5 0 IQ
CelTYW'l..... CCtnmon:IaI ca 50 50 0 10
NoI.hbcl"'ood Commer<:ta1 CH 50 1110 0 10
~ndulrtri.oJ M.1A !~ 1M 10 \0
I nduotrt II Mol , SO eo 10 10 Here: In tie ...1.A,!9-1 and "'-2 _Ing dQicll, h I10nl yu:l Mtlac:k 1:lT'c1l r.te""'lll> an
1_-a....rslln<!w17t1l SO 1110 10 IQ It<luslriIol pa/1<",ay~ 2$1l1l1inl1llUlll. ,
Un","..."" Communllv lie see ""Land o....IDll""'", \:OClII fer.". _ell" tvIld' enls.
Atfonllll>J. Heusir19 OWlllng R-AH 5F..:J1i00 ...11. 401\. Sell 1118 ~d OvWoopmenl Coclt Iorlhe _ctc req_.
Cupl...7.200 SOil 700 sq. II.
Io.ft. "" udllmA.
Cupl...e, I.~n.
TrfpllX an a
IInoI.lel
-
~ snet_ 1IW to " __ a "'" ..." """" sobd<s .,\.............. nclK $1<1. _ _Idll..-. ~ It ~ IPlIIM! 0, ,.~ Som..... Cell"" Tldlc ~.....
NOTE: W. oo-=' .,lr;tl b """... '""""' In CMrWyOU<:'<l """ '" \no lJIIt. MIIy~. s.q..&&ccnldor. M>ttIIam 114.. \.ollQWlIlld _lld. taU 1.lIltolI0000Illl.Ccro:ZIor II' ~Comdct~ t>o _.. __n:oybo"""............
1lEAWR.EIlE'fTOF SIHGl..!-l'ANItY AHe OUPLEXCWllUwa $ETaACIGl: F_ _.- V_ ""'''''''_lIt''' ""_"'''' t>o""_plan._",,,,"- JIl1P..-"'.........,. ""'., o..nl_rocI_.
-g. M """".~ ~ "'_ ....co"">',.qoa I..,. "IC'_llCnll"rU """ ala"", .,,"'_ ...,110JIMt. F<w_flultaQI-..;lIlc1s... flolMd llIwIopnent~ "'r~_~-=.~ _....."1
~1tI4 ~attl" ~~rt;i l.I'trt IUCh ~t~lN In. ~ '- dO,llD$1 pl'QpCttyh ~;Jl'tl4Ih1pc::iN..tWhid"lthttfU~&at:I~ls~ Whe...-..e,.\oI:abcJtI...a.Ory.lI'I~dt'l.aI"ay~mlYbeOOt"1!lidt1W!a.portloftd'"
-"....,..,)Wd. ""Oft, ~I yltlt....-I.,..,. ~.~ _."...Illmlnl,...,.,.., "'"' <100.._.... -"'~'In.. "'"""" S\rcodt<:<>. "".._ rcr~1ot wped..... """...,,.._ "'" _..~_bo
recrvl>>iO t:l 75" d lt1e OiJt"CI ~iN1lM\. ~ to tWJuftd tidg. M'tnct.I ve m"~ ~ <:::t&6d fWlattl t7 wafII Wt uaas:a a 3 ll. I" ~ Ii'aJI :':"QinQJn I ",,,in,j,. ~ f\. .lbac:ll hIn Iny ~ Ine ~ng I ....... 01 tQ.Id Ik;:f'i~.
l.;V"'IDroj.....l.oahoel<od. handoUll1Zoninv Talllt.docllm
l- I
z
w
~ '-;:
o WI:;
...J UJ..,
~z~< I
~Q~Q
o~"'5
~<=[;..i
O\l..lJ.
00 t- .
E~~~
~~~l
"
~L~
d
[Of\
\Qb
'!nI F
~ [I&J]
~
~
g-; ~
~ n
l
~ ~
~. 0 ~
~
iN d
n