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HomeMy WebLinkAbout2004 02 23 Public Hearings 404 COMMISSION AGENDA February 23. 2004 Meeting Consent Information Public Hearin2 X Regular ITEM 404 Mg[. /,1.--. / Authorization Dept. //}/ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2004-06 to change the Zoning Map from "A-I" (Seminole County) to "Town Center" (City of Winter Springs) for 8.9 acres (more or less), located at 900 East SR 434. PURPOSE: The City of Winter Springs is initiating a request to establish a City of Winter Springs' Zoning Classification for a parcel recently Annexed into the City from Seminole County. The City is initiating the change as the Applicant and as the property owner. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprin2s Charter Section 4.15 Ordinances in General. Winter Sprin2s Section 20-57. Winter Sprin2:s Section 20-102 Cd) 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 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: ~ February 23,2004 PUBLIC HEARING AGENDA ITEM 404 (1) 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; (2) The proposed rezoning change is consistent with any master plan applicable to the property; (3) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (4) The proposed rezoning change would not create a spot zone prohibited by law. (5) 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; (6) 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. (7) Changed or changing conditions make the proposed rezoning necessary. (8) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (9) 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; (10) The proposed rezoning will not be a substantial detriment to the future improvement of development of vacant adjacent property; (11) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (12) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (13) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholdin2 the constitutionalitv of the principles of zonin2). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding Central Winds Park. Dec. 2003- Property posted with signage Noticing Upcoming Public Hearings and adjacent land owners notified by Certified Letter. Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42. Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing for Small Scale Comprehensive Plan Amendment changing the FLUM. Feb. 04,2004- P& Z Board heard the request and recommended Approval to the Commission 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 February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 Owner - City of Winter Springs Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030 Acreage - approx. 8.9 acres General Location - The site is vacant and is located adjacent to the west side of Central Winds Park at 900 East SR 434 and previously was referred to as the "Wincey tract". Legal Description - The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida. Existing Land Use - The property is currently vacant, although previously it had a mobile home, barn and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM I Subject Site Vacant, Undeveloped A-I (SC) SE- Suburban Estates (SC) ------~------- ---.........----.--.........-..................-------...---.......--- .-.-...--...-..-.--.-...-...........--........-....--.......---..........-- ...--.-.......--.--...---...----."..--.--------......... North Lake Jesup - - ______ .........____..._......__..._...___...........__ ..__.___................__.................__...__....,........................__.""....... ....~.........._________..._______..._._..._._.__.._...__._....H.... South Single Family Residential Cool (WS) Commercial (WS) -..-....-------...........--....-.-....-----.-......--.---.-.--..."....---.........-,...---..-----.---....--.--.-.--.-................................ East Central Winds Park Town Center (WS) Town Center (WS) --.-.....--.--...--.........-.-........--.......-.....--........--.--..._._..._--_..._-~.~_.__.~..~_..._.._..._..._._...._._._._...._._._._._-_.__.__.._-~. West Single Family Residential A-I (SC) SE- Suburban Estates (SC) (WS) Winter Springs; (SC) Seminole County Development Trends - The City purchased the subject site for the purpose of expanding Central Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition ofthis property completes the Master Plan of property expansion for Central Winds Park as recommended to the City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000 State FURDAP Grant provided the balance of funds needed to fund the acquisition. The future utility area has been designated by the Commission as the temporary site for the City of Winter Springs Paw Park. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from the general public, but no one voiced any opposition. Public Facilities - The ability to expand Central Winds Park into this property, complete a circular traffic artery to provide better access and improved traffic control, additional parking, and a site for the water reclamation facility will have a positive impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use designation of the property is to apply a Winter Springs' Future Land Use Map designation that supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use map designation is consistent with the surrounding areas. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcels was not included on the City's Future Land Use Map, because the parcels were Annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 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 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 recently annexed into the City. (3) Consistent with any Master Plan for the property- The property is part of an acquisition Master Plan for Central Winds Park, and was officially acquired on Sept. 30,2003. (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 "Town Center" is appropriate and compatible with the land use pattern established by the city's comprehensive plan; A Winter Springs "Town Center" designation most closely resembles the character of the area (including Central Winds Park, City Hall and Winter Springs High School which also have the Town Center designation. (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. (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. (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. (11) Not Detrimental to Future Improvement of Adiacent Vacant Property- N/A; Most of the surrounding area is developed. 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. (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 February 23,2004 PUBLIC HEARING AGENDA ITEM 404 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: ill analyzing the Rezoning request, it was determined that the (new) fourteen (14) review standards included in Section 20-102 were satisfied. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2004-06, changing the Zoning classification on the subject property at 900 East SR 434, from "A-I" (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading Feb. 23,2004- 1st Reading of Ordinance 2004-06 Feb. 26,2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-06 ATTACHMENTS: A. Central Winds Park Expansion Area Plan B. Planning & Zoning Board Minutes from Feb. 4, 2004 C. Ordinance 2004-06 including Map & Legal Description COMMISSION ACTION: February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT A Central Winds Park Expansion Area Plan LAKE JI,~SUP SR. 4)4 PAI'W Tw..n. EXH~"SIVN ......UKI01' Ni\TION.\1. SCJ;SIC'J'IU.II, .\S" CRUs..~ SI!"'JI~OI.'i 'm,"II. ern' IHUIG.i\TI(.S "',IUK l'At:"U.n'\' UNP..~SE.O It.\nt{Il\'(~ AkIL~ HV.1\iC""'1I 'nn~ .:.\tS'I'ING "INES ..-\SLJ ClA"~ (AI'PHOS. 140 :>1".'C1C') P.IH~ ~IAJS"r.~","NCr. H..;CkfA'rIUX C~N'J'f.1t O'''Sl\'t:'rH.\I..... & TEN;olI.':' COlJll'J'S 1',,,"1J1 TIUH. EX'U:'''tiIO,'1 Ff.(JfUDA N.nu)St\I.. SCF;.~I~T"L\tl. _",,"II C~"'.,. SK.'ll.\;tU,r. l'MAII. .-;.l,,;.tl ~ u IUO' 200' 41)0 Michael Design Associah:S C:1lI11.un~h'. ...."\ &.. ~;'""n....,. MAllnlHI: .....1<< t.,~flW:.t.o. h'..~"<:tlJUJ lbA_. "1""'-'1\.ttl""'.'~J--" CENTRAL WINDS PARK, EXPANSION AREA CITI' OF WINTER SPRINGS, PARKS & RECREATION DEPARTMENT February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B Planning & Zoning Board Minutes from Feb. 4, 2004 02/18/2004 10:36 4076998584 NIS JKREBS FEB-18-2004 10:21 CITY OF WINTER SPRINGS flAG!:. ~l 40? 3'Z7 4753 p.et CITY OF WlNI'ER. SPRINGS DRAFT UNAPPROVED MJN1JTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 4, 2004 cI CALL TO ORDER tape I !SIde 8 The Planning and Zoning BoardlLocal PlaIlning Agenr,y Rogular Meeting ofWednosday, February 4, 2004 was called to order at 7:02 p.m. by Vice Olairperson Joanne Krebs in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Wmter Springs, Florida 32708). Roll Call: Chaimum Tom :Brown, absent Vice Chairperson Joanne Kreb~ present Board Member Rosanne Kerr, present Board Momber William PQe, present BOiICd Member Ned Voska, present PUBLIC HEARINGS PVBLIC ~Rl1I08 A. Community DevelopmeJlt DepartmllD.t - PlaalliDg DivisioD Requests The Plaaaing ADd Zoning BoardILoc:al PlamllDg Agency Hold A Public Hearing Related To OrdID.4nte 1004-05 Which Adolrts A SmaD Scale FLUM (Future Land Use Map) Amendment By Chaaglag The Future Land Use Map DftipatioD or 8.9 Acres (More Or Less), Located At 900 E'Allt State Road 434 Adjacent To Central Winds Park, FroIO "Suburban Estates" (Seminole County) To "ToWll Center" (C1t.r Of Wintu SpriDftI). Ms. Eloise SahlBtrom, AICP, ASLA. Seniot Pla.nMr, Community Development Department, slated, "Staff reque5ts that the Local Planning Agency make the r~ommendation to the City Commi!Sion to approve the Future Land Use Map change to 'Town Center'." "I WOULD MAKE A MOTION TO RECOMMEND THE APPROV AL, WHICH RELATES TO ORDINANCE 2004-05, WHICH ADOPTS A SMALL SCALE PLUM [FUTURE LAND USE MAPl AMENDMENT BY CHANGING THE FLUM [FUTURE LAND USE MAP] DESIGNATOR FROM 'SUBURBAN ESTA.TES' 10 c1'OWN CENTER'." MOTION BY BOARD MEMBER. POE. SECONDED BY BOA,Q MEMBER KARIt DISCUSSION. ~~/l~/~~~4 l~:~b 4~(b~~~~~4 Nl~ JKREBS FEB-18-2004 10:21 CITY OF WINTER SPRINGS PAGE 132 407 327 4753 P.02 CITY OF WINTER. 9PRlNOS DRAFT UNAPPROVED MJNUTSS PUNNING MID ZOMNCILOCAL PL.\MIIINC ..\CINCY ROOt.1l.AAMEl3TlNO-FEIWlARY4.2004 PAG820F6 VOTE: BOARD MEMBER POE: AYE VICE CHAllU'ERSON KREBS~ AYE BOARD MEMBER KARR: AYE BOARD MEMBEa VOSKA: AYE MOTION CABlUED. l"l1BLIC IIEARlNfJS B. Commnllity Developmeal Department- PIau:u.iD. Dhision ReqoestB The PlannIng ADd Zoaing Board HOld A Public Hearing Related To OnlflWlce 2004-06 Which Rezoues 8.9A.crcs (More Or LetJI), Located At 900 East State RoAd 434 AdjaeeJlt To Central Wind, Parle, From U A-I" (Seminole COllD.ty) To "Town Center" (City OeWinter Sp'rID~). Ms. Sahl5lI'Om stated, "Staff recommends that the PLanning Zoning B081d recommend to the [City) Commi55ion a .changQ from · A-I' Zoning Seminol,,- County to City of W'mter Springs <Town Center' Zoning." "1 WOULD MOVE TO APPROVE ORDINANCE 2004-06 WHICH REZONES SUBJECT PROPERTY FROM 'A-I' SEMlNOLE COUNTY TO CITY OF WINTER SPRINGS ~'l'OWN CENTER'.>> MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE BOARDMEMBERKARR: AYE BOAl\D MEMBER POE: AYE BOARD MEMBER VOSKA~ AYE MOTION CARRIEl). P1JIJUC IlEAIlII'roS c. ne CommuJlity De\"elopmeat Department - Plunm. Division Requem The Planmg And ZoDlDg BoardlLocaJ Planning AgellCY Bold A hblk Bearing IUlated To OrdjUDce :1004-07 Wbich Adopts A Small Scale FLUM (Future Land Use Map) Amelld.ment By Chenging The Future Land Use Map Designation or A 8.5 Acre Parcel, Located At Bird Road And Tnae8willa Trail, From "Low Density Residential" (Seminole County) To .cRural ResJdentJal" (City OlWintet- Springs). Ms. SahlStrom saidt ~'Recommend that the Local Planning Aaency hold a Pu.blic Hearing relating to Ordinance 2004-07 and recommend adoption for this piece of p11)perty changiug it from 'Low Density Residential' to 'Rural Residential'," FEB-18-2004 10=22 CITY CF WINTER SPRINGS 407 3Z7 475:3 P.W t:l"::/J.tl/<::t:lt:lq J.t::l:.:lo qt::lfo':J':JtlOtlq NJ.::> .JKI'(t.J::i::> t-'A(;j~ I;j::l CITY OF WINTER SPRINGS DRAJiT UNAPPROVED MttfUTBS PLAl'fM~C AND ZONINGILOCAL PLANNING AGENCY REOUt./.R.ItdIlETlNG - FEBRUARY 4.:lQ04 P AOID ()It 6 Board Member Rosanne Karr sweda "1 went out to the site, it is Tusc:a Trail." Board Member Km then wed, "Is that an abbreviation for Tuscawilla Trail?" Ms. Sahlstrom replied, '"No. Tusca Trall is the correct name of the location. The Agenda ~ says that tho property is located at Bird Road and Tuscawilla Trail, i1 shoUld say fTusca Trail'. not <TuscawiUa' . 10 Mr. 1J1llC6 Broadfier, 141) ooca Trail. Winter Springs. Plorida: commented on. me need to have some sort of a buffer for the nuher l~ge lots a~ound the subject &ite when it is developed; indicated that the property owners on Tusea Trail would like to presctVe the 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 accessed off'fusca Trail with one (1) driveway serving one (1) singlo~fami1y residence. "I MAKE A MOTION THAT THE PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY IN RESPONSE TO TBIS, AS A RESULT OF' TIDS PUBLIC HEARING - ADOPT A SMALL SCALE FLOM (FUTURE LAND USE MAPI AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE SUBJECT PROPERTY AT BIRD ROAD AND TUSCA TRAIL FROM 'LOW DENSITY RESIDENTIAL', WHICH IS SEMINOLE COUNTY ZONING, TO 'RURAL RESIDENTIAL' CITY OF WINTER SPRINGS ZONING." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMB:€R. KARR: AYE BOARDMEMBERPOE: AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON KREBS: AYE MOIION CARlUED. Vice Chairperson Krebs requested. ''Can we see that the OODt:.erDS of this gentlemCUl. (Mr. Broadfier) ace recorded and giVfm to tho [City] Commjs~ so that when they do go to vote on this they have this information and big concerns in their hands." c( ~~/~O/~~~~ ~~.~o ~~(O~~O~O~ I~~~ ~~RCD~ rM~C ~~ FEB-18-2004 10:22 CITY IF WllfTER :FRII-GS 40'7 3Z7 4753 P.04 crrY OF WImER SPRJNO$ DRAFr UNAr.rIUlVBD MINUTES rI PLAN'/II:f.l\lG AND ZONJN. GILOCAL I'L.t\NNfNG AGENCY 1lBG\J1AR. MEliTlNG- FllB.RUARY... 2004 PAGE 4 0' 6 rUllLlC HEARINGS D. Communlty Development DepartmeDt - Planning DMsioD Requests The Planning ADd Zoning Board l{oJd A Publle HeariDg Related To Ordinance 2004-08 Which Rezones 8,S Acres (More Or LUll), Located At Bird R.oad And TuscawUla Trail, From "A-I" (SemlP.ole County) To "R-Cl" (City OeWinter Springs). Ms. Sah18trom stated, "Staffhas detennined that the fourteen (14) review sf.3ndards have been satisfied and recommends that the Planning and Zoning Boud hold a Public Hearing relating to Ordinance 2004-08 which c~ the Zoning cla8si.fication on the Renshaw property at Bird Road and TuscawiUa Tcai1, from 'A-I' S~le County to 'R- CI' City ofWinteJ' Springs." Mr. SteWJ. Rike, 14/6 Twca Trail, Winter Spring.!, FloriLki: requested explanation on why there are two (2) Agenda Items for this isBue. Ms. SahlstrQrn briefly 6.Xplained the two (2) separate processes related to Annex.a1ion from Seminole County. Disc~ion. "1 RECOMMEND THAT THE PLANNING AND ZONING BOARD, AS A .RESULT OF TIDS PUBLIC HEARING. RELATED ']['0 ORDINANCE 2004-08, WHICH CHANGES THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT BIRD ROAD AND TUSCA TRA.U., FROM "A.l" SEMINOLE COUNTY TO "R-e1" CITY OF WINTER SPRINGS. I RECOMMEND THAT WE APPROVE THIS AND MOVE IT ALONG/'" MOTION ay BOARD MEMBER KARR. SECONDED BY BOARD M!MBER POI. DISCUSSION. 'Cape I/Sidc: A m1da VOTE; BOARDMEMBE.RKARR: AYE BOARD MEMBER POE: AYE BOAlm MEMBER VQSKA: An VICE CHAIRPERSON KREBS= AYE MOTION CARRIED. U,'~O/,UU~ ~L.LU "'UfO:J:JO.;.JO,,+ I~.l.':> w"-I':!:.D.:J t"'Al.:1:. t:ll FEE-18-2004 12:3B CITY OF WINTER SPRINGS 407 327 4753 P.01/01 CITY OP WIN'IU. SPRlNGS '01lAFI' UNAPl'RO'VED MINUT'S8. nANNING ANP ZONINGI'I.OCAL P'LANN'ING ACDICY RIlOUJ.A>. """""0 - "",_VAIlY" ~ JJ P-'~r REGULAR AGENDA IlRGtlLlll A. Final En3iDeeriDgfSite PlaD. For Phil ReelefNunery Road Commertlal Develol!meot. Ms. Sahlstrom introduced the Agenda Item. Ms. SahlstrQJ:n indicated that., "'There is a scriven~'9 error. The correct munber oftree5 is twenty.two (22) instead oftwcnty-three (23)." Next, Ms. SahlstrQm stated, "Staff recommends the P@nning and Zoning Boa:rdILocal. Planning Agency oonaider and recommend to the City Commission approval ofth.e Final Engineering/Site Plan :fQr II 6.628 - acre tract at the northeast comer of the int6rsection of Highway 17-92 and. N\USery Road. The site has a Con:un.ercial Future Land Use designation and is within the "C-2' Commercial Zoning District." ~I RECOMMEND THAT THE CITY COMMISSION APPROVE A FINAL ENGINEERING/SITE PLAN FOR THE 6.628 - ACRE TRACT AT mE NORTHEAST CORNER OF THE INTERSECTION OF u.s. HJGHWAY 17-92 AND NURSERY ROAD WITH THE COJUlECTION TO THE SCRIVENER'S ERROR MENTIONED BY MS. SAIILSTROM." MOTION BY BOARD MEMBE.R POE. SECONDED. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE BOARDMEMBERKARR: AYE BOARD MEMBER FOE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. npe I IS I lID A TOTAL P. 01 02/18/2004 10:35 4075998584 NIS JKREBS FEB-18-2lile4 10: 22 Cl TY CF WINTER 5PR Ita; PAGE 05 40'7 327 4753 P. 06 CJnI OF WINTBR SPlmJGS DMFTUHAPl'tr.OVBO MINUT1lS ~ ft.A2lOOl'lC AN'D .f.OJ'ttNcaoc.u. fLAHNlNO .\CENo( REGULA.R MEJ;T1NG - FEBRUAAY 4, ~ P,4.(;B IS OF6 ADJOURNMENT With consensus of the Board, Vice Chairperson Krebs adjourned the Meeting at 8;30 p.m. RESPECTFULLY SUBMITTED BY: DEBBIE FRANKLIN, DEPUTY CITY CLEIUC, AND PATRICIA SCHRAFF ASSISTANT TO THE CITY CLERK APPROVED: TOM BROWN, CHAlRMAN PLANN~G AND ZONING BOARD/LOCAL PLANNlNG AGENCY Ci~ C1erIc\Mvis.ol)' &l~ lIfld Comml~\ll'8r.Z\a.ll!\MINUTBS'm040' MGtJLAlWoo }lUf5; These MlnulI!S 1IA:fC lIJ1Imlved at file Na:dn., . 2004 P!amilll tid Zonill&lLGcal Plamlina ^Serq R.e,lIlO' TOT~ P.e6 February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT C ORDINANCE 2004-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNA TION OF THE REAL PROPERTY LOCATED WITHIN WINTER SPRINGS, FLORIDA AND LEGALL Y DESCRIBED AS EAST '12 OF LOT 3, BLOCK C, AND EAST t/2 OF LOT 3, BLOCK D, OF MITCHELL'S SURVEY OF LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, INCLUDING THAT PORTION OF ORANGE A VENUE THAT INTERSECTS THE TWO LOTS, AND GENERALLY LOCATED ON STATE ROAD 434 ADJACENT TO CENTRAL WINDS PARK AND MORE PARTICULARLY DESCRIBED ON EXHffiIT "A" A TTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "A-l AGRICULTURAL" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,SEVERABILlTY,ANDAN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their Februmy 4, 2004 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public heating on the proposed zoning change sel fOlth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the CilyofWinter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and City of Wi Iller Springs Ordinance No. 2004-06 Page I of 3 February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT C \VHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HE-REBY ORDAINS, AS FOLLOWS: Section 1. Redtals. The foregoing recitals are true and conect and are fully incorporated herein by this reference. Section 2. ZoningMllp Al1wndmcnt. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Cod€~ Section 20-102 is hereby amended to include a change of classification from 5e.minole County "A-l Agricultural" to City of Winter Springs "Town Center District" for the property legally described on:Exhibit :;A," which is attached and incOJ]JOrated herein by this reference. City Staff is hereby directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance. Section 3. Rel)eal ofPriorlntonsistcnt Ordinanccs and Resolutions. AU prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the cont1ict. Section 4. Seyer'ability. If any section, subsection, sentenc.e, clause, phrase, word or provision of this Ordinanr.e is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether.for substantive, procedural, or any other reason, such portion shall be deemed a separate. distinct and independent provision, and such holding shall not affect the validity of the remaining p0l1ions of this Ordinance. City of Winter Springs Ordinance No, 2004."()6 Page 2 of J February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT C Section 5. Effective Date.TIlis ordinance shaH become effective immediately upon the effective date of Ordinance 2004-05 as adopted by the City COlllmission of the City of Winter Springs, Florida, and purslIantto the City Charter. If Ordinance 2004-05 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Rodela, in a regular meeting assembled on the clay of ,2004. John "F. HlISh, 'Mayor ATTEST: Andrea Lorcnzo-LuHces, City Cieri\. Approved as to legal fonn and sufficiency for the City of Winter Springs only: Anthon)1 A. Gargllncsc, City Attorney First Reading: Second Reacling: Effective Date: G:\DocJ'Clly of Wln131 SpllnS,.<>.Ordln,lIlC'al'iZrolnt2004.o6. wpd7 Cit)' of Winter Springs Ordinance No. 2004-06 Page 3 of J February 23, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT C ORDINANCE NO. 2004-06 EXHIBIT "A" LOCATION MAP , OUT LEGAL DESCRIPTION The East Y:z of Lot 3, Block C and the East Y:z of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the West line of the East Y2 of said Lot 3, Block D and the Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E along said West line, and along a Northwesterly projection thereof and along the West line of the East Y:z of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33 '04" E along said East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S 82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of Beginning. Containing 8.9 acres more or less.