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HomeMy WebLinkAbout2004 02 23 Public Hearings 402 COMMISSION AGENDA February 23. 2004 Meeting Consent Information Public Hearing X Regular ITEM 402 j"L Mgr. / Authorization Dept. /~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2004-08 to change the Zoning Map from Seminole County "A -I" to City of Winter Springs "R -C I" for the Renshaw property located at northeast Bird Rd & Tusca Trail. PURPOSE: This is an Administrative Request to designate an appropriate and compatible City of Winter Spring's Zoning Classification for a parcel which was previously annexed into the City from Seminole County, but subsequent action was never taken to Rezone the affected parcel from Seminole County Zoning to City of Winter Springs' Zoning. The City is initiating the change as the applicant. The property owner has been notified by certified mail so she is aware of the process and so that her input can be heard. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sprin2:s Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sprin2s Section 20-57. Winter Sprin2s Section 20-102 (d) Rezonin2 application~ procedures; standards of review. (The following fourteen (14) standards were recently added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. These provide detailed standards for reviewing a rezoning application.) Any party may request consideration for rezoning by submitting a completed Rezoning Application to the Community Development Department- Planning Division along with the items required to be supplied at the time of application, including payment of any associated fees as established by resolution or ordinance of the city commission. After the application is submitted, the planning and zoning board shall review the application at its next regularly scheduled meeting and shall forward ~ Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 its recommendations to the city commission. Subsequent to receiving the recommendations of the planning and zoning board, the city commission shall determine whether it will approve, approve, with conditions, or deny the rezoning application. All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in compliance with all procedural requirements established by the city code and law; (2) The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited, to the Future Land Use Map and the proposed change would not have an adverse effect on the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law. (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan. (8) Changed or changing conditions make the proposed rezoning necessary. (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a substantial detriment to the future improvement of development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Euclid v. Amber Rea/tv Co. ,272 U.S. 365 (1926) (upholdin2 the constitutionality of the priociples of ZOOi02). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Oct. 25, 1999- Annexation by Ordinance 745, Petition filed by Rita Renshaw Jan. 09,2004- Property Owner Notified of Administrative Action Jan. 15,2004- Property posted with signage Noticing Upcoming Meetings Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing Jan. 27,2004- Adjacent property owners within 150' Notified by Certified Mail Feb. 04,2004- P& Z Board heard the request and recommended Approval to the Commission Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - Rita Renshaw Parcel Number - 11-21-30-300-0020-0000 Acreage - approx. 8.5 acres General Location - The site is undeveloped and is located on the east side of Bird Road at Tusca Trail. Legal Description - SEC 11 TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC W 1452 FT N 1401.63 FT N 84 DEG 26 MIN 51 SEC W 15.06 FT TO POB RUN N 84 DEG 26 MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513,.03 FT SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43 SEC E 215.76 FT ELY ON CURVE 156.57 FT S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG Chronology of Subiect ProlJertv - The subject property was annexed into the City on October 25, 1999, by Ordinance 745. Existing Land Use - The property is currently an undeveloped vacant parcel. Its County Zoning classification is A-I Agricultural. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Site Vacant, Undeveloped A-I (SC) LDR- Low Density Single _._.._______ __._____..__________._......__. _....__.._....._..._..._..........__.._____ ._.I.:~~!>.'...~~~i~~E!i.~L_(~~l...._ North Single Family Residential R-C1 (WS) Rural Residnetial (WS) ___.____ ._.______...._____.__..____......__ ._...___.........._....._..__..__......._.......__...____..__ (nla.?':...!....Q!:!~2_._.___...___.____.._ South Single Family Residential R-IAAAA & RC-I (SC) LDR- Low Density Single .___._.._.....__.._._...___.._.........._..........__..._ .. .._._.._..____._..__.___.._.._._...____........_... _E.~_~~L~.~_~!~~I.!!!~!.._(~.~l...... East Single Family Residential A-I (SC) LDR- Low Density Single ________.....____._____....._.____._...._______.._________._._._.._...__. _...f.~~~!>.'_~~.~!~~_~!i~L@.~l.___ West Single Family Residential R-lAA (SC) LDR- Low Density Single Family Residential (SC) (WS) Winter Springs; (SC) Seminole County Development Trends - The subject site is vacant. No development is being proposed at this time. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from adjacent residents after the sign was posted and several neighbors spoke at the Public Hearing before the P&Z/Local Planning Agency. These neighbors indicated concerns that relate to the future development of the site (retaining tree buffers, access off of Tusca Trail); however, the concerns expressed did not have anything to do with the Future Land Use change~ Although the property owner initially opposed the land use change (because of concerns related to increased taxes), the Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 property owner has since indicated that these concerns have been alleviated and she no longer opposes the action. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (1) Compliance with Procedural Requirements- The proposed Rezoning change is in compliance with all procedural requirements established by the city code and law; The property owner and adjacent land owners have been appropriately noticed as required, and any requirements for advertising the land use action have been met. (2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the city's comprehensive plan and the proposed change will not have an adverse effect on the comprehensive plan. A land use designation for the parcel was not included on the City's Future Land Use Map, because the parcel was annexed into the City. (3) Consistent with any Master Plan for the property- The property is not part of a Master Plan. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change from Seminole County "A-I Agricultural" to Winter Springs "R-CI" is appropriate and compatible with the land use pattern established by the city's comprehensive plan; The 8.5 acre parcel is located immediately south ofDunmar Estates, which is also zoned R-Cl. (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation of this parcel as anything other than "R -C I " could be considered "spot zoning" which is prohibited by law. (6) Does Not Materially Alter the Population Density Pattern- The proposed Rezoning change does not materially alter the population density pattern in a manner that would overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure); (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed Rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- The Annexation of the property into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter Springs' Zoning Designation. Winter Springs does not have an "Agricultural" Zoning. The "R-C1" designation is the closest designation that the City has to the County's "A-I" Zoning and is also the zoning immediately to the north of the subject property. (9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (11) Not Detrimental to Future Improvement of Adiacent Vacant Property- N/ A; Most ofthe surrounding area is developed. The intent in the zoning of the property is to apply a zoning Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the city; FINDINGS: In analyzing the Rezoning request, it was determined that the (new) fourteen (14) review standards included in Section 20-102 were satisfied. P&Z/LOCAL PLANNING AGENCY RECOMMENDATION: At its regularly scheduled meeting of February 4,2004, the City of Winter Springs Planning& Zoning Board (LP A) heard the request to change the Zoning classification of the Renshaw parcel at Bird Road and Tusca Trail from "A-I" (Seminole County) to "R-C1" (City of Winter Springs) and voted unanimously to recommend Approval to the City Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2004-08, changing the Zoning classification on the subject property at Bird Road and Tusca Trail, from "A-I" (Seminole County) to "R-Cl" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading Feb. 23, 2004- 1 st Reading of Ordinance 2004-08 Feb. 26, 2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-08 ATTACHMENTS: A. Planning & Zoning Board Minutes from Feb. 4, 2004 B. Ordinance 2004-08 including Map & Legal Description COMMISSION ACTION: Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT A Planning & Zoning Board Minutes from Feb. 4, 2004 02/18/2004 10:36 4076998584 NIS JKREBS FEB-l8-2e04 10: 21 CIT'( CF WINTER sPRlt-GS PAG!::. ~l 407 32? 4753 p.e1 CITY OF WlNTER. SPRINGS DRAFT UNAPPR.OVED MJNUfES PLANNIN'G AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 4,2004 cI CALL TO ORDER Tape '/SIde; 8 The Plmning and Zoning BoardlLocal Planning Agew;y Rogular Meeting of Wednesday, February 4. 2004 was called to order at 7:02 pm. by Vice OuUpenJOn loAm1e Krebs in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Wmter Springs, Florida 32708). Roll Call: Chairman Tom. :BroWJ;l, absent Vice Chairperson Joanne Krebs. present Board Member Rosanne Karr, present Board Member William PQe, prescmt Board Member Ned Voska, present PUBLIC HEARINGS PVBLIC ~RDfOI A. Community DevelopJD.eJIt Departmeat - PwuliDg DivisioB Requests The Planning ADd bmlng BoardILoc:al PlanDlDg Agency Bold A Public Hearing Rela.ted To OrdIDllDte 10Q4.05 Which Adopts A SJIllIII Scale FLUM. (Future LBnd Use Map) Amendment By Chcmgblg The FotD.re Land Use Map DesipatioD or 8.9 Acres (More Or Leu), Located At 900 Esut St2te Road 434 Adjacent To Central Wla.ds Park, From "Suburbu Estates" (Seminole County) To "Town Center" (City Of Winter Sprin2l). Ms. Eloise SahlSlttom, AlCP, ASI..A,. Senior Pla:nMr, Community Development Department, stated, "Staff reqUe5ts that the Local Planning Agency make the recommendation to the City Commission to approve; the Future Land Use Map change to 'Town Center..n "I WOULD MAKE A MOTION TO RECOMMEND THE APPROV AL, WHICH RELATES TO ORDINANCE 2004-05, WHICH ADOPTS A SMALL SCALE FLUM [FUTURE LAND USE MAJ'l AMENDMENT BY CHANGING 1lIE FLUM [FUTURE LAND USE MAP] DESIGNATOR FROM 'SUBURBAN ESTATES' TO cTOWN CENTER'. ~ MOTION BY BOARD MEMBER POE. SECONDED BY BOARI> MEMBER KARR. DISCUSSION. U~{.O{~UU~ ~u.~o ~U{O~~O~O~ I~~~ ~~~~~~ FEB-18-2004 10:21 CITY CF WIHTER sPRIH35 t-'Abt:. l::l:': 407 32? 4753 P. 02 CITY OF WINTER SPRINGS DR.AFT UNAPPRO\IBD MlHUTSS PLANNING ~ ZONINCILOCAL I"Lt\NNJN(,; AGENCY ItE'GtII.Al MEBTINO - JlE8RUARY 4, zoO' PAOB20F6 VOTE: BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS~ AYE BOAADMEMBERKARR: AYE BOARDMEMB~R VOSKA: AYE M01lQ.N CARRJED. ruBtlC HEARJNQS B. Community Development Department- PlllIUl.ba. Dhi$iol1 Requali The PlannIng ADd ZoaiDg Board Hold A Pablic Hearing Related To Ordm.aace 2004-06 Wbiela Rezoaes8.' A.erca (More Or Less), Loc:ated At 900 Ead State Road 434 AdjaeeJI.t To Cellini Winds Park, From U A-I" (Semiaole COQQty) To "Town Center" (City orWiIlter Sp'rlDp). Ms. SahlsU'Om stated, "Staff recommends that the Planning Zoning Boud recommend to the [City] Commission a'changQ from 'A-l' Zoning Setninoll' County to City of Winter Springs 'T OWll Center" Zonirtg." UJ WOULD MOVE TO APPROVE ORDINANCE 2004-06 WHICH REZONES SUBJECT PROPERty FROM 'A-I' SEMINOLE COUNTY TO CITY OF WlNTER SPRINGS 'TOWN CENTER'." MOnON BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: VICE CllAIRPERSON KREBS: AYE BOARDMEMBERKARR: AYE BOAltD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. ruauc IlEARIl'COS c. ne Commu_ity De\'elopmeaat Department - PlIUlDmg Division Requesu The Planmg And ZonlDg BO*fd/Local PlanDlD.g Ageaey Hold A hblk Hearing Related To Ordinance 1004--07 Wbidl Adopts A Small Senle FLUM (Future Land Uae Map) Amendment By Changine The Future Land Ule Map DesignaUoD or A 8.5 Acre Parce), Located At Bird Road And TUSt8wnla Trail, From "Low Density ResidentJaJ" (Seminole County) To '<Rural Resldentlu" (CIty OfWhlb Sprin,gs). Mll. SahlStIom said, "Recommend that the Local Planning Agency hold n Public Hearing relating to Ordi.twtce 2004.07 and recommend adoption for this. piece of property changing it from 'Low Density Residential' to 'Rural Residential'." FEB-1B-2004 10:22 CITY CF W1NTER smnm 407 3'Z? 4753 P.W ~_~.~t ~~~~ .~.~~ ~~r~~~y~u~ l~~~ ~K~~O~ ~Ao~ ~j CITY OF WIN'Il!R. SfRlNGS DlW'T UNAPPROVED MtNUTBS PLANPQl'4Q AND WNlNGILOCAL PLANNING AGENCY ~R. MESTING - FEBRUARY 4.3004 P AGa ) ()It , Board Member Rosanne Karr awed, "1 went out to the &rte, it is Tusca Trait" Board Member Km then asked., uJB that an abbreviation for Tuscawilla Trail?" Ms. Sahlstrom replied, ""No. Tusca Trail is the correct name of the location, The Agenda ~ says that the property is located at Bird Road and Tuscawilla Trail, it should lilY 'Tusca !rail'. not cTuscawiUa' . It Mr. Bruce Broadfler, 141; lUsco Trail. Winter Springs, Florida: commented on the need to have some sort ofa buffer for the rather bu'ge lots atoWld the subject fJite when it is developed; indicated that the property owners on Tusea Trail would like to preserve tbe natural aspect of it; and that there is a written Agreement in place that is on record with Seminole County which states that the property can only be 8CCe$sod offTusca Trail with one (I) driveway serving one (1) singlc--famity tesidence. "I MAKE A MOTION THAT TIlE PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY IN RESPONSE TO rIDS, AS A RESULT 011' TIDS PUBLIC HEARING - ADOPT A SMALL SCALE FLUM (1l1JTURE LAND USE MAPI AMENDMENT BY CHANGING THE FUTURE LAND USE l\ofAP DESIGNATION ON TNt SUBJECT PROPERTY AT BIRD ROAD AND TUSCA TRAIL FROM 'LOW DENSITY RESIDENTIAL', WIIIlCH IS SEMlNOLE COUNTY ZONING, TO 'RURAL RESIDENTIAL' CITY O:F WINTER SPRINGS ZONING.7' MOTION BY BOARD MEMBER KARR.. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBJ$R. KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA; AYE VICE CHAIRPERSON KREBS: A VI: MOTION CAlUUED. Vice Chaixperson Krebs requested, "Can we see that the ooncerns of this geat1emw.. (Mr. Btoadfier) are recorded and givcm to tho [City] Comm;ss.ton so that when they do go to vote on this they have thil information and biB concerns in their hands:' c( FEB-18-2004 10: 22 CITY CF WINTER gJR]t-m 40'7 3Z7 4753 I ,..,...;.l~ '-'""' P.04 CTJY OF Wrmn SPRlNOS DRAFT UNAf'PIlDVBU MINUTES cI PLANlI/X{\lQ AND ZONINGItOCAL ruNNING AGINCY aBGVUR MEETlNQ- FEB.RUI\RY A., 2004 . P,40E40P6 rt/BL[C H1!J\IUNCS D. Commaalty Developmeat Departme.nt - PllUlnlng DMa'OD Requua The Planning ADd ZoDing Board aoJd A Public HeariDg Related To Ordinance 2004-08 Which Rezones 8,5 Acres (More Or Less), Located At Bik'd Road And TuscawBla Trail, From "A-I" (SemlD.ole COUDty) To "R-Cl" (City Of Winter Springs). Ms. Sah1strom $tat~ "Staffhas determined that the fourteen (14) review standards have been satisfied and recommends that the Planning EU1d. Zoning Boud hold a Public He8l"ins relating to Ordinance lOO4"()8 wbich chaD,ge8 the Zoning c1auification on the Renshaw property at Bird Road and TuscawiUa Trail, from 'A-1 t Se~le County to 'R- CI' City of Winter Springs." Mr. StI)WJ. Rilre. 1416 Tu.rca Trail. Winter Spring.!, Floridi1: requested explanation on wb,y there are two (2) Agenda Items for this issue. Ms. SahlstrQm briefly ~plained the two (2) separate processes related to Annexs:tion from Seroinole County. Disc~ion. "1 RECOMMEND THAT THE PLANNING AND ZONING BOARD, AS A USUL T OF TIDS PUBLIC HEARING, RELATED TO ORDINANCE 2004-08, WHICH CHANGES THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT BIRD ROAD AND TUSCA T.RAJL, FROM "A-I" SEMINOLE COUNTY TO "R-Cl" CITY OF WINTER SPRINGS. I RECOMMEND THAT WE APPROVE THIS AND MOVE IT ALONG.'" MOT10N BY BOARD MEMBER KARR. SECONDED BY BOARD MlMBER POE. DISCUSSION. 'Cape IlSide A I!!Dda VOTE; BOARDMEMBERKARR: AYE BOARD MEMBER POE: AYE .BOARD MEMBER VQSKA: An VICE CHAIRPERSON KREBS: AYE MOTION CARRIED. r M\:n:~. U..L FEE-18-200<1 12:33 CITY IF WINTER SPRINGS 407 327 4'753 P.01101 REGULAR AGENDA CITY OP wINTER. SPRlNCi5 '01V.PT lJNAPl>ROVED MINUTSS. lL!\NlIllNG AND ZONING/I.OCAL PLANNING ACENCY llIl<lULAIl"""",,o- "'Rll"H~ ~ P-'~r IlRGtlLAIl A. Final EngiDeerfDgfSfte Plall Fo1' Phil ReeteINunery Road Commerdal Develo~meot. Ms, Sahlstrom introduced the Agenda Item. Ms. Sahlstrrnn indic.ated th8.t1 "'There is a seriven~.9 error. The correct number oftree5 i& twenty.two (22) instead of twenty-three (23)." Next, Ms. Sahlstrom stated. '"Staff recormnends the p~ and Znnil'\g Board/I..ocal Planning Agcmcy consider end recommend to the City Commission approval of the Final Engineering/Site Plan fQr II 6.628 - acre tract at the northeast comer of the intersection of Highway 17-92 and. NUtsery Road. Tho aite bas a CQmmercial. Future Land Use designation and is within the "C-2' Comme.rc.ial Zoning District" UI RECOMMEND THAT THE CITY COMMISSION APPROVE A FINAL ENGINEERING/SITE PLAN FOR THE 6.628 - A.CRE TRACT AT mE NORTHEAST CORNER OF THE INTERSECTION OF u.s. HlGHWAY 17-92 AND NURSERY ROAD WITH THE CORllECTION TO THE SCRIVENER'S ERROR MENTIONED BY MS. SAHLSTROM." MOTION BY BOARD MEMBER. POE. SECONDED. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE BOARDMEMBERKARR: AYE BOARDMEMB:ER:rOE: AYE BOAR!) MEMBER VOSKA: AYE MOTION CARRIED. - 'hI'" l~fllllA TOTAL P. 01 o~/~o/~oo~ ~~:~o q~(O~~O~Oq N!~ ~K~~~~ PAGE 05 FEB-18-2Iilla4 10: 22 Cl TV a= WINTER SPRlt-GS 407 32? 4753 P. 06 CITY OF WJNTml SP~OS DIV.FT UNAPJPll.OV]tt) MINU"1'llS ~ fLA2lIl'ONC AND z.om:NGlLOCU. fLANNlNG .AGENCY . JU3GULA!l MlII>TOOi - FEBlWAAY 4, ~ PAGH60F6 ADJOURNMENT With oonsen$US of the Board, Vice Chairperson Krebs adjourned the Meeting at 8;30 p.m. RESPECTFULLY SUBMTITED BY: DEBBm FRANKLIN, DEPlITY em CLERK, AND PATRICIA SCHRAFF ASSISTANT TO THE CITY CLERK APPROVBD: TOM BROWN, CHA.IRMAN PLANNING AND ZONING BOARD/LOCAL PLANNlNG AGENCY Cilb' ~~I:Y .8(lt.!'dQ and CommlIltlel\P~lfIMINl!1'BS\02040' ltBGUl.All.doc }IOJ'5: T'IIt$c MinuIIlfl1llCfr: lIP\l1lClY<<l 3t llle Mccdn,. . 2004 P!anItilII and ZonlnglLocal PlamlinJ ,^g<:nq R.e,1II1T TOT~ P.e6 Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT B ORDINANCE 2004-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WltYl'ER SPRINGS, FLORIDA, CHANGING THE ZONING. MAP DESIGNA TION OF THE'REALPROPERTY GENERA.LLY LOCA'f'ED AT THE. NORTHEAST CORNER OF THE .INTERSECTION OF TUSCA TUAU, AND .FISHER ROAD (alk/a BIRD ROAD) IN \VINTERSPRINGS, FLORIDA, LJijGALLY DESCRIBIU) ON EXHnHT :'N~ ATTACHED HERETO AND FULLYINCOIUlO RA TED HEREIN BY THIS RE-J."ERENGE, FROM SEl\fI.NOLE COUNTY :'A-l AGRICULTUfu\L" TO CITY OF WINTER SPRINGS "R-C!"; PROVlllLi'lGFOR THE REPEAL OFPRI OR IN CONSISTENT o RDINA NCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DA ']"'E. WHEREA S, the Planning ilnd Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their February 4,2004 meeting; and \VHEREAS, the City Commission of the City of Winter Springs held a duly noticed public healing on the proposed zoning change set forth hereunder and considered findings and advil:e of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of\Vinter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence support.s the zoning change set fot1h hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety. and welfare of the citizens of Winter SplillgS. Florida. Clt)' of Winter Springs Ordinance No. 2~-O8 Page 1 of J Feb. 23, 2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT B NO\\l, THEREFORE, THE CITY COM!.\HSSION OF THE CITY OF WINTER SPRINGS HERE.BY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are tl1le and correct and are fully incorporated herein by this reference. Sedioll 2. Zoning Map Amendment That the Official Zoning Map of the City of \\linter Springs as de.sclibed in City of Winter Springs Code Section 20-102 is hereby amended to include. a change of classification from Seminole County "A-l Agricultural" to City of \\linter Splings "R-Cl" for the. property legally described onE-xhibit ;;f\,'~ which is attached and incorporated herein by this reference. City Staff is here.by directed to promptly amend the Official Zoning .Map upon the effective. date of this OrdilllUlcc. Seetion 3. R(~p('al of Prior Inconsistent. Ordlmlllces and Resolutions. An plior inconsistent ordinances and resolutions adopted by the City Commission, or ptuts of ordinances and resolutions in contlict herewith, are hereby repealed to the extent of the contlict. Seclion4. Scn~rability. If any section, subsection, s.entence, clause, phrase, word or Provision of this Ordinance is for anv reason held invalid or unconstitutional bv anv court of " " " competent jurisdiction, whetherfor substantive, procedural. or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shan not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Bute. TIlis ordinance shall become effective immediately upon the effective date of Ordinance 2004-07 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuantto the City Charter. If Ordinance 2004-07 does not become effective, then this Ordinance shall become null and voiel. City of Winter Springs Ordinance No. 2004-08 Page 2 of 3 Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT B ADOPTED by the City Commission of the City of Winter Splings, FIOIida, in a regular meeting assembled 011 the day of ,2004. .JohnF'. Btlsh~Mayor ATTEST: Andrea Lon~llzo-Luaces1 City Cieri, Approved as to le.gal fonn and sufficie.ncy for the City of Winter Splings only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G:\I):lC.'Cily of Wlntll Sl'ring;sl.Oidln.lnWJ'lZ.oolng2OW~8,wpd7 City ofWintilr Springs Ordinance No. 2004-08 Page :1 of :3 Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT B ORDINANCE NO. 2004-08 EXHIBIT "A" LOCATION MAP SUBJECT SITE 11 LEGAL DESCRIPTION Commence at the Southeast Corner of Section 11, Township 21 South, Range 30 East, Seminole County, Florida, and run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; thence run N. OOdeg 14min 58sec E. 1401.63 feet; thence run N. 84deg 26min 51sec W., 15.06 feet to the Point of Beginning; thence continue N. 84deg 26min 51sec W. 489.52 feet to the easterly line of Fisher Road; thence S. 05deg 28min 34sec W. along said easterly line, 513.03 feet to a point on the arc of a curve concave to the west; thence southerly along said curve having a radius of 436.36 feet, a delta of 19deg 30min OOsec, an arc distance of 148.51 feet to a point of reverse curvature of a curve concave to the east; thence southerly along said curve, having a radius of 436.36 feet, a delta ofOldeg 37min 26sec, an arc distance of 12.37 feet to the northerly line of a 30 foot easement (Tusca Trail); thence S. 66deg 37min 43sec E. along said line, 215.76 feet to a point of curvature of Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 a curve concave to the north; thence easterly along said curve having a radius of 803.74 feet, a delta of 11 deg 09min 42sec, an arc distance of 162.42 feet; thence S 77deg 47min 24sec E., 210.31 feet; to a point of curvature of a curve concave to the northwest; thence northerly along said curve having a radius of20.00 feet, a delta of 101deg 57min 28sec, an arc distance of35.59 feet; thence N OOdeg 14min 58sec E., 775.59 feet to the Point of Beginning. TOGETHER WITH EASEMENT RIGHTS TO: TRACT "A" Commence at the S.E. comer of Section 11, Township 21 South, Range 30 East, Seminole County, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; Thence run N. OOdeg 14min 59sec E. parallel with the East line of the aforementioned Section 11, 568.916 feet to the S.W. corner of the "Richards" tract as described in O.R.B. 1231 at Page 601 of the Public Records of Seminole County Florida; Thence continue N. OOdeg 14min 58sec E. parallel with the East line of the aforementioned Section 11, along the West line of the "Richards" tract, 30.665 feet to the S.E. corner and the Point of Beginning of the tract about to be described, said point being the N.E., corner of New Tusca Trail; Thence run N. 77deg 47min 24sec W. along the Northerly line of New Tusca Trail, 40.014 feet; Thence run Easterly and Northerly along a curve concave Northwesterly, having for its elements a radius of 20.00 feet, a central angle of 101deg 57min 28sec and a chord bearing ofN. 51deg 13min 47sec E. for an arc distance of35.591 feet; Thence run N. OOdeg 14min 58sec E., parallel with the East line of the aforementioned Section 11, 775.588 feet to the intersection with the Southerly line of the D.R. Mitchell survey of Levy Grant as recorded in Plat Book 1 at Page 5, Public Records of Seminole County, Florida; Thence run S. 84deg 26min 5lsec E. along said Southerly line of the Levy Grant, 15.064 feet to the N.E. corner of the "Grindle" tract as recorded in O.R.B. 1976 at Page 904 of the Public Records of Seminole County, Florida; Thence run S OOdeg 14min 58sec W., parallel with the East line of the aforementioned Section 11, along the East line of said "Grindle" tract 802.055 feet to the Point of Beginning. Said parcel situated, lying and being in Seminole County, Florida. TRACT "B" NEW TUSCA TRAIL Commence at the S.E. corner of Section 11, Township 21 south, Range 30 East, Seminole county, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; Thence run NOOdeg 14min 58sec E., 568.916 feet to the S.W. corner of the "Richards" tract as described in O.R.B. 1231 at Page 601 of the Public Records of Seminole County, Florida, said point being the S.E. corner and the Point of Beginning of the tract about to be described; Thence N. 77deg 47min 24sec W. along the Westerly projection of the Southerly line of the aforementioned "Richard" tract, 256.673 feet to the P.C. of a curve concave Northerly; Thence run Feb. 23,2004 PUBLIC HEARING AGENDA ITEM 402 Westerly along said curve having for its elements a radius of833.740 feet and a central angle of 11 deg 09min 41 sec for an arc distance of 162.415 feet; Thence run N.66deg 37min 43sec W. 214.718 feet to a point on the Easterly right-of-way line of Fisher Road; Thence run Northwesterly right-of-way line, along a curve concave Easterly, having for its elements a radius of 436.36 feet, a central angle of 03deg 56min 32sec and a chord bearing of N. 21deg 22min 52sec E., for an arc distance of30.024 feet; Thence run S. 66deg 37min 43sec E., 215.761 feet to the P.C. ofa curve concave Northerly; Thence run Easterly along said curve, having for its elements a radius of803.74 feet and a central angle of Ildeg 09min 41sec for an arc distance of 156.571 feet; Thence run S. 77deg 47min 24sec E., 250.319 feet to a point on the West line of the aforementioned "Richards" tract; Thence run S. OOdeg 14min. 58sec W. along said West line of the "Richards" tract, 30.665 feet to the Point of Beginning. Said lands situate, lying and being in Seminole County, Florida.