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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 . . - - ,'-. ,~. . ~ . , '. '., ...... :. ... 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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