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HomeMy WebLinkAbout2004 08 23 Public Hearings 400 COMMISSION AGENDA ITEM 400 Consent Information Public Hearin X Re ular August 23, 2004 Meeting MGR. r /DEPT ;ff Authorization REQUEST: The Community Development Department - Planning Division requests that the Planning & Zoning Board I Local Planning Agency hold a Public Hearing to consider a Large Scale Comprehensive Plan Amendment (Ordinance 2004-36) changing the Future Land Use Map designation from "Industrial" to "Commercial" for five (5) parcels located along US Hwy 17-92. PURPOSE: The City of Winter Springs is initiating the request for a Large Scale FLUM Amendment, changing the Future Land Use Map designation for five (5) parcels along US 17-92, making them more consistent with the goals, objectives and policies of the Comprehensive Plan Future Land Use Element. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprin2s Charter Section 4.15 Ordinances in General. @) August 23, 2004 Public Hearing Item 400 Winter Sprin2s Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Sept.2003-Feb.2004-Visioning Exercises and Workshops related to the City's Commercial and Industrial districts. July 22,2004- Property Owner Notified of Administrative Action July 22, 2004- Adjacent property owners within 150' Notified by Certified Mail July 25, 2004- Public Noticing in Orlando Sentinel of LP A Public Hearing Aug. 4, 2004- P & Z Board (LP A) recommended Approval of Ord. 2004-36 Aug.12, 2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing Aug.23, 2004- 1 st Reading/Transmittal Public Hearing of Ordinance 2004-36 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Location - Generally along SR 419 and Old Sanford/Oviedo Road Site Information - The following five (5) parcels currently have an "Industrial" future land use and are being considered for this future land use change to "Commercial", PARCEL 'A' Property Address: Property Owner: Owner's Address: Property Appraiser Parcel J.D.: Property Acreage: Property Legal Description: 1101 17-92 HWY N Winter Springs FL 32708 State ST Bank & TR CO of CT TR PO Box 711 Dallas, TX 75221 28-20-30-501-0000-017E .46 LEG BEG 81.16 FT N 86 DEG 30 MTN E OF SW COR LOT 18 RUN NEL Y ON CURVE 135.08 FT N 86 DEG 30 MTN E 140.44 FT S 115 FT S 86 DEG 30 MIN W 205.04 FT TO BEG SPRING HAMMOCK REPLA T PB 7 PG 96 7-11 Convenience Store wi gas pumps Winter Springs C-2 "General Commercial" Winter Springs "Industrial" Winter Springs "Conmlercial" Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: Page 2 August 23, 2004 Public Hearing Item 400 PARCEL 'B' Property Address: Property Owner: Owner's Address: Property Appraiser Parcel J.D.: Property Acreage: Property Legal Description: No Physical Address (Shepard Road) Dittmer Properties, INC 1006 Shepard RD Winter Springs, FL 32708 28-20-30-5AS-OBOO-0 180 .68 LEG PT LOT 18 DESC AS BEG 496.02 FT S 86 DEG 02 MIN 40 SEC W OF NE COR LOT 18 RUN S 26 DEG 2 MIN 26 SEC W 196.90 FT N 63 DEG 57 MIN 34 SEC W 223.01 FT N 25 DEG 19 MIN 9 SEC E 67.68 FT N 86 DEG 2 MTN 40 SEC E 258.48 FT TO BEG BLK B OAK GROVE PARK PB 7 PG 83 Superior Sheds (Commercial shed sales) Winter Springs C-2 "General Commercial" Winter Springs "Industrial" Winter Springs "Commercial" Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: PARCEL 'c' Property Address: Property Owner: Owner's Address: No Physical Address (Shepard Road) Dittmer Properties, TNC 1006 Shepard RD Winter Springs, FL 32708 28-20-30-5AS-OBOO-0 17 A 1.23 LEG LOTS 17 + 18 W OF W LI OF LOT 21 BLK C LEVY GRANT (LESS BEG INT SLY LI LOT 17 & EL Y LI 17-92 RUN NL YON RD 278.92 FT N 86 DEG 02 MIN 40 SEC E 258.48 FT S 26 DEG 02 MIN 40 SEC E 258.48 FT S 26 DEG 02 MIN 26 SEC W 196.90 FT S 63 DEG 57 MIN 34 SEC E 255 FT S 4 DEG 49 MTN 25 SEC W 204 FT N 66 DEG 9 MIN 31 SEC W 546.73 FT TO BEG) BLK B OAK GROVE PARK PB 7 PG 83 (1.15 AC) Superior Sheds (Commercial shed sales) Winter Springs C-2 "General Commercial" Winter Springs "Industrial" Winter Springs "Commercial" Property Appraiser Parcel LD.: Property Acreage: Property Legal Description: Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: PARCEL'D' Property Address: Property Owner: Owner's Address: 105717-92HWYN Moretti, Richard 7104 Bledsoe Avenue Orlando, FL 32810 28-20-30-5AS-OBOO-017B 2.50 LEG PT LOTS 17 & 18 BEG S 86 DEG 2 ,1M 40 SEC W 327.59 FT & S 4 DEG 49 MIN 25 SEC W 301.54 FT OF NW COR WILD- WOOD RUN S 4 DEG 49 MIN25 SEC W 204 FT N 66 DEG 9 MTN 31 SEC W 546.73 FT NLY ON RD 211.24 FT S 63 Property Appraiser Parcel J.D.: Property Acreage: Property Legal Description: Page 3 August 23, 2004 Public Hearing Item 400 Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: DEG 57 MIN 34 SEC 478.01 FT TO BEG BLK B OAK GROVE PARK PB 7 PG 83 Gazebo Manufacturing and Assembly Winter Springs C-2 "General Commercial" Winter Springs "Industrial" Winter Springs "Commercial" PARCEL 'E' Property Address: Property Owner: Owner's Address: 615 ] 7-92 N Winter Springs, FL 32708 RCJ of Winter Park NO 2 LTD. 301 S Orlando Ave STE 200 Maitland FL, 32708 33-20-30-503-0000-0140 11 LEG LOTS 14 + 15 (LESS EL Y 225 FT OF NL Y 385 FT OF LOT 15) ENTZMINGER FARMS ADD NO 3 PB 6 PG 27 Holler Kia- Mitsubishi Dealership Winter Springs C-2 "General Conlli1ercial" Winter Springs "Industrial" Winter Springs "Commercial" Property Appraiser Parcel J.D.: Property Acreage: Property Legal Description: Existing Land Use: Existing Zoning: Current Future Land Use: Proposed Future Land Use: Chronology of Subiect Property - The properties have been in the City and have been utilized as they are currently being used, for some time. Existing Land Uses -The properties currently have the following uses: Auto Sales & Service, Car Dealership, Convenience Store, and Shed Sales. Adjacent existing land uses, zoning and FLUM designations include the following: Exist~ng Land Uses Zoning FLUM Subject Sites Commercial Retail C-2 (WS) Industrial (WS) North Light Manufacturing C-2 (WS) Industrial (WS) South Commercial Retail C-2 (SC) Commercial (SC) East Vacant PUD (WS) Industrial (WS) West Commercial Retail C-2 (LG) Conlli1ercial (LG) (WS) Winter Springs; (SC) Seminole County; (LG) Longwood Development Trends - The subject properties have been developed and no changes are proposed at this time. Page 4 August 23, 2004 Public Hearing Item 400 Proposed Future Land Use Classification - The proposed future land use map designation from City of Winter Springs "Industrial" to City of Winter Springs "Commercial" is compatible with adjacent land uses and consistent with the commercial environment along the US 17-92 corridor. Letters/Phone Calls In Favor Or Opposition - Property owner Richard Moretti is opposed to the change in designation from Industrial to Commercial (see attached letter). COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Desienation - The requested future land use map designation was determined after numerous visioning exercises and workshops with the Planning & Zoning Board and City Commission. The designation was determined by evaluating the prevailing character and opportunities of US 17-92, as well as evaluating the existing land use and future goals and objectives of the City. The subject properties are developed and not expected to change in the near future. Public Facilities: ROADS/TRAFFIC CIRCULATION: Availability of Access: Direct access is from US 17-92. Function Classification: US 17-92 is a principal arterial 6-lane north-south undivided roadway within the City of Winter Springs with a level of service "D". POTABLE WATER: Facilities serving the parcels: Parcel A & E are currently serviced by City water. Improvements/expansions needed as a result of proposed amendment: None. SANIT ARY SEWER: Facilities serving the parcels: Parcel A & E are currently serviced by City sewer. Improvements/expansions needed as a result of proposed amendment: None. RE-USE WATER SYSTEM: Facilities serving the parcels: None. Improvements/expansions needed as a result of proposed amendment: None. Page 5 August 23,2004 Public Hearing Item 400 DRAINAGE/STORMW A TER: Facilities serving the parcels: Parcel E is serviced by City stormwater. Improvements/expansions needed as a result of proposed amendment: None. SOLID WASTE: Facilities serving the parcels: The City has an exclusive franchise agreement with a solid waste hauler, Florida Recycling, until 2006. Improvements/expansions needed as a result of proposed amendment: None. RECREATION & OPEN SPACE: Facilities serving the parcels: There are no recreation or open space parcels adjacent to the area although the parcels are serviced by the City's extensive park system. Improvements/expansions needed as a result of proposed amendment: None. FIRE: Facilities serving the parcels: Station 24 on Moss Rd. in Winter Springs is the closest Winter Springs station. Station 17 in Longwood would be first responder as it is slightly closer. Response time would be less than 5 minutes. Improvements/expansions needed as a result of proposed amendment: None. POLICE: Facilities serving the site: Station on 300 N. Moss Rd. in Winter Springs is the closest Winter Springs station. Response time would be less than 5 minutes. Improvements/expansions needed as a result of proposed amendment: None. Nuisance Potential Of Proposed Use To Surroundin2 Land Uses - The nuisance potential of the proposed use resulting from the change of land use designation from Industrial to Commercial to the surrounding properties should be minimal in view of the following: . The proposed FLUM designation will be more consistent with the surrounding areas than the current designation. . No changes are being proposed on the properties. Page 6 August 23,2004 Public Hearing Item 400 Natural Lands Compatibility- The properties under consideration do not include any conservation areas except Parcel E which is south of Boat Lake. Parcel E is a car dealership. No further expansion or redevelopment has been proposed. Therefore, no additional impacts to environmentally sensitive areas are under consideration. SOILS The soils on this property are generally Urban Land. Source: Soil Survey of Seminole County, Florida published by the Soil Conservation Service ofthe U.S. Department of Agriculture TOPOGRAPHY The subject property and surrounding area are relatively flat with some drop off (0-12 percent. FLOOD PRONE AREAS A portion of Parcel E is located in Flood Zone AE with a base flood elevation of 55. When the site was developed in the year 2000 this portion of the site was left un developed. No further impact as a result of the FLU change. NATURAL RESOURCES No further impact. HISTORIC RESOURCES None. WILDLIFE No further impact. Consistency With The Comprehensive Plan - Florida Statute 163.3177 (6) (a) states. .. "The future land use element must clearly identify the land use categories in which public schools are an allowable use." The Comprehensive Plan provides the following definitions for Industrial and Public/Semi-Public Land Uses: Industrial- The industrial land use category includes both light and heavy industrial uses. Industrial uses are typically cOlmected with manufacturing, assembly, processing or storage of products. Commercial- The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping centers, restaurants, automobile service facilities, and similar uses. The proposed administrative Large Scale Comprehensive Plan Amendment changing the Winter Springs land use designation of "Industrial" to Winter Springs designation of Page 7 August 23,2004 Public Hearing Item 400 "Commercial" is compatible and consistent with the historic and proposed use of this area for retail commercial. FINDINGS: . The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. . The request is in COnfOl1l1anCe with the purpose and intent of the City Code and with all applicable requirements. . Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. . The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of the Florida Administrative Code, especially related to the protection of off-site and on-site natural resources. P&Z 1 LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board/Local Planning Agency on August 4, 2004, the Board held a Public Hearing and voted 5-0 recommending "Approval" to the Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold First Reading/Transmittal Hearing and Adoption of Ordinance 2004-36, a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of the five subject properties along US 17-92 from (Winter Springs) "Industrial" to (City of Winter Springs) "Commercial". IMPLEMENTATION SCHEDULE: Aug. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing Aug. 23, 2004- Transmittal Hearing / I sl Reading of Ordinance Aug. 30, 2004- Transmittal to DCA and other agencies Nov.!Dec. 2004- Anticipated Adoption ATTACHMENTS: A. Draft Unapproved P&Z / LP A Minutes B. Ordinance 2004-36, with Map & Legal Description CITY COMMISSION ACTION: Page 8 August 23,2004 Public Hearing Item 400 ATTACHMENT A Draft Unapproved P&Z / LPA Minutes Page 9 CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING HOARD/LOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 4, 2004 PAGE 2 OF 6 CONSENT B. Approval Of The July 7, 2004 Regular Meeting Minutes. Board Member William Poe stated, "I would like a correction to those Minutes and I would also like to thank Mr. Brown [Board Member Tom Brown] for the comments that he made for congratulating you [Chairperson Joanne Krebs] and I for being reappointed to the Board. However, it indicates the Board of 'Adjustment' - for their reappointments to this Board, and - 'Board of Adjustment' needs to be changed to [Planning and Zoning Boardl] 'Local Planning Agency', 'P And Z'." "WITH THOSE CORRECTIONS, I RECOMMEND APPROV AL OF THE MINUTES AS CORRECTED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER POE: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. III. PUBLIC HEARINGS AGENDA PUHLIC HEARINGS A. Requests That ThePlannillg And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2004-36) Changing The Future Land Use Map Designation From "Industrial" To "Commercial" For Five (5) Parcels Located Along US Highway 17- 92. Chairperson Krebs opened the "Public Input" portion of this Agenda Item. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department referenced a letter received dated August 3, 2004. Chairperson Krebs closed the "Public Input" portion of this Agenda Item. Ms. Sahlstrom presented this Agenda Item. Much discussion. CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 4, 2004 PAGE30F6 "I WOULD LIKE TO MAKE A MOTION - THAT THE PLANNING AND ZONING BOARD/LPA [LOCAL PLANNING AGENCY] RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE FIRST READING AND TRANSMITTAL HEARING AND ADOPTION OF ORDINANCE 2004-36, A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE FIVE SUBJECT PROPERTIES ALONG US [HIGHWAY] 17-92 FROM WINTER SPRINGS 'INDUSTRIAL' TO THE CITY OF WINTER SPRINGS 'COMMERCIAL'." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER BRO\VN: AYE BOARD MEMBER VOSKA: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS B. Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Ordinance 2004-35, Related To The Proposed Capital Improvements Program For FY (Fiscal Year) 2004/05 Through 2009/10. Chairperson Krebs opened the "Public Input" portion of this Agenda Item. No one spoke. Chairperson Krebs closed the "Public Input" portion of this Agenda Item. Ms. Sahlstrom discussed this Agenda Item. Ms. Sahlstrom spoke regarding receiving the 'Data' from all the Departments for the Capital Improvements Program. Ms. Sahlstrom stated, "Scott [Mr. Semones, University Central Florida Intern, Community Development] has put a lot of this 'Data' together." Ms. Sahlstrom said, "We [Staff] are asking you to - recommend approval so it can go to the City Commission. - It is in alignment with what is being proposed for the tentative Budget." Discussion. August 23,2004 Public Hearing Item 400 ATTACHMENT B Ordinance 2004-36, with Map & Legal Description Page 10 ORDINANCE NO. 2004-36 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CPA-04-3, PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP BY DESIGNA TING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS FIVE (5) PARCELS OF LAND CONTAINING 15.87 GROSS ACRES MORE OR LESS LOCATED GENERALLY ALONG U.S. HIGHWAY 17-92, MORE PARTICULARLY LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM "INDUSTRIAL" TO "COMMERCIAL"; PROVIDING ADOPTION OF AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR TRANSMITI' AL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL ST A TUS OF THE PLAN AMENDMENT. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-04-3) to the Florida Department of Community Affairs for its review and comment; 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, Florida; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2004-36 Page 1 of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.184 and 163.187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent is to adopt the large scale comprehensive plan amendment (LS-CPA-04-3) designating the subject property from "Industrial" to "Commercial." Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" as "Industrial" to "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)( 4), Florida Statutes, and Section 9J-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendment shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. City of Winter Springs Ordinance No. 2004-36 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G:\Docs\City of Winter Springs\Ordinallces\2004\2004-36_LargeScalel-l...UM. wpd City of Winter Springs Ordinance No. 2004-36 Page 3 of 3 August 23,2004 Public Hearing Item 400 B E ATTACHMENT B Ordinance 2004-36, with Map & Legal Description Parcel A - Parcel B - Parcel C - Parcel 0 - Parcel E - Parcel # 28-20-30-501-0000-017E Parcel # 28-20-30-5AS-OBOO-0 180 Parcel # 28-20-30-5AS-OBOO-0 17 A Parcel # 28-20-30-5AS-OBOO-017B Parcel # 33-20-30-503-0000-0140 Page 11 Date: 082304 The following Document was distributed by on 08/23/04 during Public Hearings "400" " li'. John C. Englehardt, P. A. Attorney at Law 1524 East Livingston Street Orlando, Florida 32803-5495 Telephone 407-896-1138 Facsimile 407-896-7370 August 3, 2004 ~~ ~ 4fA ~'i - <='/)- ~ () VA <='<o~ ~ ~ ~O ~,,:v;"vJ-. ~Q/ ~ 0 ~~ ., ~lo< .s',Q %.0 ~/~ ~e. G'n "1')/ ... City of Winter Springs Planning & Zoning Board 1126 State Road 434 Winter Springs, Fl 32708 Re: Richard Moretti Parcel D, Parcel # 28-20-30-5AS-OBOO-017B 7104 Bledsoe Ave. Orlando, FI 32810 Dear Sirs: Please be advised that I represent Richard Moretti, the owner of a portion of the land subject to the proposed change ofland use from industrial to commercial. Mr. Moretti's parcel of land subject to this proposal consists of a piece of land subject to a Florida Power easement. Since the Florida Power easement exists, the only use to which Mr. Moretti can put the land is outside storage. It is my understanding that the outside storage is prohibited in commercial zoning. For that reason, Mr. Moretti objects to any re-zoning of his land from industrial to commercial. Such a re-zoning would constitute a complete destruction of the economic value of that parcel of land and would therefore constitute a taking for which Mr. Moretti would require compensation from the City of Winter Springs. If you have any questions please feel free to contact me. JOHN C. ENGLEHARDT, P. A. JCE/ap Aug-02-04 11:17A P.03 -, (. .' ~ CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 Richard Moretti 7104 Bledsoe Ave Orlando, FL 32810 ~~ c. '} 4O'C ~;~ o~o~ IJ ~ ~A '\..,,~.-v <'~.I> V ~1- l'~ V( 0(91):>" "<9 ",0 :to,c 1):>/11. '>,o~ Q" >"), " 22 ] uly 2004 Dear Property Owner: As you may be aware, the City of\Vinter Springs recently adopted a new zoning district entitled "C-3 Highway 17 -92 Commercial District" specifically for commercial properties along U.S. 17-92. However, the future land use in this area is currently designated "Industrial", The City i~ proposing a large scale comprehensive plan amendment to change the future land Ilse to "Commercial". }rOIl are beinl. notified becallse )'OIJ own properry alon..~ US 17-92 that is under ,.onsideration jor this J ....u;ge Scale Comprehensil1e Plan Amendment changing the Future Lmd Use,jrom "IndIJstrial" to "Commenial': lbc City of Winter Springs is initiating the Comprehensive Plan Amendment changing the ruturc Land Use. No action is reqllired of you; however, your input and participation in the process is important, and it is crucial that you are notified of the City's intentions. You have a right to participate should you desire, and the City would welcome any written or oral commcnt~ during the upcoming public hearings. The l\dministrative request for the Comprehensive Plan Amendment changing the FUlurc Land Cse will most likely follow the foUowing schedule: .. Planning & Zoning Board- Wed., ;\ugust 4, 2004 @ 7:00 PM ,'j Commission Transmittal Public Hearing- Mon., August 23, 2004 (Mtg. begins ar 6:3(1 1'\1) Adoption Hearing sometime after comments ate received from the State. I am happy to explain this further or try to address your questions. I can be reached at: (407) 327-5967. Sincer.ely, --'\ cfuj,zje .JL '/uJ 8jtlv~ Eloise M. Sahlstrom, AICr, ASLA Senior Planner Aug-02-04 11:16A · . , J . . O' 14 r;~t '6 Location Map B E Parcel A - Parcel B - Parcel C - Parcel D - Parcel E - Parcel # 28-20-30-501-0000-0 17E Parcel # 28-20-30-5AS-OBOO-0180 Parcel # 28-20-30-5AS-OBOO-017 A Parcel # 28-20-30-5AS-OBOO-017B Parcel # 33-20-30-503-0000-0140 P.02 1l~ 9-.... ~. ~ C .L ~ ": %'?o~ <? 'L %j,.\.... ~d ~ ~"'1l ~ () ~.<: ~ '$' ~~~ 'i5> '1-,-, '?.. "is> ., /- .~.~ : . ./;/;~ ....;./.----..... I .- ~>. / / --~- :.:;::'; /:;.:-------- l / ---/--------1 ? " '1\'. .... ....-' .rr- ", ,~,:;.....-.. .... Seminole County Property Appraiser Get Infonnation by Parcel Number Page 1 of 1 Personal Property I PIHase Sel~?!-'~~c5>~nt . 8 PARCEL DETAIL i. (U:m-~t~i ~ I"mt(~~ [" ~.j1,?~~ ~;1~' Sct:ili!llll rc <('ulj nl y jJl/Opi' YI? 4t"'!'",;iscll' ct:.t0fn~=-e.1 1/01 g, F'r~f Sf, :':"ufc, ",1 1.1, 32771 407-6(.:;-7S06 GENERAL 28-20-30-5AS- .. W4-WINTER SPRINGS Parcelld: OBOO-017B Tax District: 17-92 REDVDST MORETTI Owner: RICHARD Exemptions: Address: 7104 BLEDSOE AVE City,State,ZipCode: ORLANDO FL 32810 Property Address: 105717-92 HWY N Facility Name: Dor: 27-AUTO SALE AND SERVIC SALES Deed Date Book Page Amount Vacllmp WARRANTY DEED 1111979 01254 0042 $80,000 Vacant Find Comparable Sales within this DOR Code LAND land Assess Method Frontage Depth land Units Unit Price land Value SQUARE FEET 0 0 30,935 3.00 $92,805 SQUARE FEET 0 0 43,264 3.00 $64,896 SQUARE FEET 0 0 34,499 1.65 $56,923 <l Back l> 2004 WORKING VALUE SUMMARY Value Method: Market Number of Buildings: 1 Depreciated Bldg Value: $195,391 Depreciated EXFT Value: $0 land Value (Market): $214,624 Land Value Ag: $0 Just/Market Value: $410,015 Assessed Value (SOH): $410,015 Exempt Value: $0 Taxable Value: $410,015 2004 Notice of Proposed Property Tax 2003 VALUE SUMMARY 2003 Tax Bill Amount: $7,842 2003 Taxable Value: $414,085 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS LEGAL DESCRIPTION PLAT LEG PT LOTS 17 & 18 BEG S 86 DEG 2 MIN 40 SEC W 327.59 FT & S 4 DEG 49 MIN 25 SEC W 301.54 FT OF NW COR WILD- WOOD RUN S 4 DEG 49 MIN 25 SEe W 204 FT N 66 DEG 9 MIN 31 SEC W 546.73 FT NL YON RD 211.24 FT S 63 DEG 57 MIN 34 SEe E 478.01 FT TO BEG BLK B OAK GROVE PARK PB 7 PG 83 BUILDING INFORMATION Bid Num Bid Class Year Bit Fixtures Gross SF Stories Ext Wall Bid Value Est. Cost New 1 STEEL/PRE ENG 1982 4 10,000 METAL PREFINISHED $195,391 $271,376 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax urposes. .** If ou recent! http://www.scpafl.org/pls/web/re_web.seminole_ county _title?P ARCEL=2820305ASOBOO... 8/23/2004 . . Seminole County Property Appraiser Get Information by Parcel Number Page 1 of 1 PARCEL DETAIL "rmrof!l~ J rrrV~~n~~ I' ~." f ",\. \~~ ~!}j'v S~i1J!l1.~!~ (CUUll.t;r Fh1rl'~74;)ft:;i~1I' d'~1'1"i:;eli I 101 ,~. Fini4 ~(, S"an/iII'tI")' ::1277 I 407..01'0:'>-'7506 GENERAL 28-20-30-5AS- ,. W4-WINTER SPRINGS Parcelld: OBOO-0160 Tax Dlstnct: 17-92 REDVDST RICHARD Owner: MORETTI LLC Exemptions: Address: 1524 E LIVINGSTON ST City,State,ZipCode: ORLANDO FL 32802 Property Address: Facility Name: Dor: 91-GAS/ELECTRICITELEPHO SALES Deed Date Book Page Amount Vacllmp QUIT CLAIM DEED 01/2004 05177 1119 $100 Vacant Find Comparable Sales within this DOR Code LAND Land Assess Method Frontage Depth Land Units Unit Price Land Value ACREAGE 0 0 1.000 100.00 $100 <J Back l> . '-' t.,~ Value Method: Market Number of Buildings: 0 Depreciated Bldg Value: $0 Depreciated EXFT Value: $0 Land Value (Market): $100 Land Value Ag: $0 JustlMarket Value: $100 Assessed Value (SOH): $100 Exempt Value: $0 Taxable Value: $100 2004 Notice of Proposed Property Tax 2003 VALUE SUMMARY 2003 Tax Bill Amount: $2 2003 Taxable Value: $100 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS LEGAL DESCRIPTION PLAT LEG N 5 FT OF LOT 16 W OF W LI LOT 21 BLK C LEVY GRANT BLK B OAK GROVE PARK PB 7 PG 83 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax urposes. ..* If au recent! ';cf~~ij http://www.scpafl.org/pls/web/re_web.seminole_ county _title?P ARCEL=2820305ASOBOO... 8/23/2004