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HomeMy WebLinkAboutOrdinance 378 Rezoning/Entzminger Farms DAVID N. BERRIEN CLERK OF ClRCUIT COURT SEMINOLE COUNTY, FL. 409422 RECORDED & VERIFIED 1987 JUN 10 AM 10 31 OFFICIAL RECORDS BOOK 1857 PAGE 0457 SEMINOLE COUNTY, FL. ORDINANCE NO. 378 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA REZONING LOT 3 AND THE WEST 50 FT. OF LOT 4, ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, FROM THE PRESENT ZONING CATEGORY OF R-U TO C-2 PURSUANT TO CHAPTER 166.041 OF THE FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, safety and welfare of the citizens of Winter Springs, Florida, to rezone Florida, has determined it to be in the best interests of the health, from its present zoning category of R-U to C-2 the following described real property situate in Winter Springs, Florida: LOT 3 AND THE WEST 50 FT. OF LOT 4, ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, and WHEREAS, the City Commission for the City of Winter Springs, Florida, has determined that the rezoning of the above described real property will make it conform with the present zoning categories of other properties situate in the same immediate area and with the Winter Springs Comprehensive Plan. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I: - That the City of Winter Springs, Florida does herewith and hereby rezone from its present zoning category of R-U to C-2 the following described real property: LOT 3 AND THE WEST 50 FT. OF LOT 4, ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. SECTION II: - That the City Commission of the City of Winter Springs has determined that a zoning category of C-2 would be compatible with the surrounding property within the City and with the City's Comprehensive Plan and with the passage of this Ordinance the City Commission does hereby amend the Official Zoning Map of the municipal limits of the City of Winter Springs, Florida, to include the subject property within the above-designated zoning category. SECTION III - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION IV - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION V - This Ordinance shall take effect immediately upon its final passage and adoption. PASSED and ADOPTED this 8th day of June, 1987. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK THIS INSTRUMENT WAS PREPARED BY: JACQUELINE KOCH CITY PLANNER CITY OF WINTER SPRINGS 1126 EAST S.R. 434 WINTER SPRINGS, FL 32708 OFFICIAL RECORDS BOOK 1857 PAGE 0458 SEMINOLE CO. FL. First Reading May 4, 1987 Posted 5/5/87 Second reading and Public Hearing 6/8/87 ~ NOTICE OF CHANGE OF LAND USE Re-print of ad only to show correct locations of property on map. No other changes. . The City of Winter Springs proposes to change the use of land within the area shown in the map in this advertisement. A public hearing on the proposal will be held on Monday, May 4,1987, at 7:30 PM at City Hall, 1126 SR 434, Winter Springs, Florida 32708. CI'I'Y or WI.TaR S.RI.GS Documents pertaining to the five requested amendments identified below and keyed by number above may be examined at Winter Springs City Hall. 1 Lot 14 and pt Lot 15, Entzminger Farms Add. 3; pt Lot 13, Entz. Fms. Add. 1. Ten acres on Florida Ave. Change from Low Density Residential to Ught Industrial. Zone C-2. 2 Lot 25, Block D, D. R. Mitchell Survey of the Levy Grant. Ten acres on south side of SR 434 east of SR 419. Change from General Rural to Ught Industrial. Zone C-2. 3 Lot 20 less the east 219 ft, Block D, Mitchell Survey of Levy Grant. Five acres on south side of SR 434 east of SR 419. Change from Rural Residential to Ught Industrial. Zone C-2. 4 Lot 28, Block B, Mitchell Survey of Levy Grant. Eight acres north of SR 434 - Tuscawllla Road Intersection. Change from Rural Residential to Ught Industrial. Zone C-2. 5 Lot 26 less Hwy ROWand less west 651 ft, Block D, Mitchell Survey of Levy Grant. Seventeen acres on west side of SR 434 north of Tuscawllla Road Intersection. Change from High Density Residential to Commercial. Zone C-1. Interested parties may appear at the public hearing and be heard or ~N" may present written comments to the City Clerk prior to the meeting regarding the requested amendments. ~-.__._-_.~~.~........~.-..._-_.,,~,,-_...._....,._,-~.. ",~",-"---,-----"-,--~-"~,-,,--,,-,-,,,,,"._-.~.~--,--._-"._~.----------"-"- PLANNING AND ZONING BOARD MEETING March 25, 1981 The meeting was called ~o order by Chairman Dorman at 1:30 P.M. PRE~_~ti'!'__WER~~__ Richard DeFazio, Vice Chairman, Absent Gene Dorman, Chairman, Presen~ Taru Joshi, Present Jim Hartman, Present Michael SaporitoJ Present ______G..:l:.1'y__ OFX:r C IA~-=-________________ J. Koch,Dir. Adm./C. Planner ~f'f'R()Y~~ O!'__..A~_1.~NDE;.Q___MJJ~lJ'l'~.s_W___.1~!lJ9Aj<X_~~-1~JH:_ -- - - --------- Sapori to moved to approve the amended minutes of January 28, 1981. Seconded by Joshi. Vote: DeFazio: absent; Dorman: aye; Joshi: aye; Hartman: aye. Motion carried. ~P~ROVAL OF MINUTES OF FE~~U~.RX_-1.tL_J. 98_1_:___________________ _____. Dorman moved to approved the minutes of February 11, 1981. Seconded by Saporito. Vote: Dorman: aye; Joshi: aye; Har~man: aye; Saporito: aye; DeFazio: absent. Motion carried. kequest of The Grove and Gerald Korman, to rezone Lots 3, 4, and 5, Entzminger Farms, Add. 2, Plat Book 5, Page 9 - 22 acres on Old Sanford-Oviedo Road (Exis~ing Land Use Classification Light 1..~dus j;L~_al--=--_______ ___ ________________.___. _. m__ __________ ---- --_._- Koch gave her presentation. She stated that this property has two owners; The Grove and Gerald Korman. On the future Land Use Map all the property is classified Light Industrial. The request is ~o bring the zoning into compliance with the land use map. Larry Visser, Director of the Grove, was there ~o speak for the request. He stated that the request is to have the property be consistent with the adjacent property. He stated that plans are to develop a program for a drug and alcohol treatment center for adul~s and adolescen~s. The plan is to keep the property as it is. Joshi asked what land use WOU1Q permit this project. Koch sta~ed that C-l zoning would permit the use, but the reques~ is for C-2 zoning to be in compliance wi~h ~he land use map, and C-2 zoning would include anything in C-l zoning. There was discussion on what is on the adjacent proper~y. determined that the adjacent property is vacant. I twas Hartman stated that his father is the owner of property adjacen~ to this property and he would file a conflict of interest form due to that fact. Hartman moved to recommend approval of the Grove and Gerald Korman, to rezone Lots 3,4, and 5, Entzminger Farms Add. 2, Plat Book 5, Page 9- 22 acres on Old Sanford-Oviedo Road, to C-2 to come into compliance with the existing Land Use Plan. Seconded by Saporito. Vote: Joshi: aye; Hartman: aye; Saporito: aye; Dorman: aye; DeFazio: absent. Motion carried. Planning and Zoning Board Minutes March 25, 1987 Page 3 Forest Subdivision, spoke against the request. Larry Dunn, representing the owner of the property was there to speak for the request. Dorman closed the Public Hearing and reconvened the Planning and Zoning Board. There was discussion on the request. Joshi moved to recommend approval of the addition of property being annexed, Lot 25, Block D, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5 - 10 acres on south side of S.R. 434, East of S.R. 419 at the Land Use Classification of Light Industrial and the zoning classification of C-2. Seconded by Hartman. Vote: Saporito: nay; Dorman: aye; Joshi: aye; Hartman: aye; DeFazio: absent. Motion carried. Reclassification of property to Light Industrial - West li2 of Lot 20, Block D, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5- 5 acres on south aide of S.R. 434, east of _S.R. 419: Koch gave her presentation. She stated that this property was annexed into the City in 1983. The owner is requesting that the land use be amended to be Light Industrial. Larry Dunn representing the owner, was there to speak for the request. This request is to correct a discrepancy made by the owner by making it compatible to the adjacent land use of C-2. Dorman closed the Public Hearing and reconvened the Planning and Zoning Board. Hartman moved to recommend approval of the West 1i2 of Lot 20, Block D, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5 - 5 acres on south side of S.R. 434, east of S.R. 419 at the Land Use Classification of Light Industrial and at the zoning classification of C-2. Seconded by Joshi. Vote: Dorman: aye; Joshi: aye; Hartman: aye; Saporito: nay; DeFazio: absent. Motion carried. Reclassification of property to Light Industrial - Lot 28, Block B, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5 - 8 acres north of S.R. 434 - Tuscawilla Road intersection: Koch gave her presentation. She stated that the property is off the highway and remote from view. Development at Light Industrial would be consistent with the area. Juanita Blumberg was there to speak for her request. She stated that the intended use of the property would be an Office Park concept, and would be low-rise. PLANNING AND ZONING BOARD MEETING April 22, 1987 PRESENT WERE: Richard DeFazio, Vice-Chairman Gene Dorman, Chairman Taru Joshi Jim Hartman Michael Saporito CITY OFFICIALS: J. Koch, Dir. Adm./City Planner D. LeBlanc, Land Dev.Cordinator The meeting was called to order by Chairman Dorman at 7:30 P.M. APPROVAL OF MINUTES OF MARCH__...?~987: Hartman moved to approve the minutes of March 25, 1987. Joshi. Vote: All aye. Seconded by PUBLIC HEARING Local Planning Agency Consideration of Proposed Amendments to Comprehensive Plan - Land Use Element - Adopted Land Use Map: Dorman stated that the Local Planning Agency will reopen the hearing of March 25, 1987, to consider additional request for land use reclassification. He stated that the Board will convene the public hearing and hear the request as the Local Planning Agency. They will then reopen the regular meeting and take action on the request as the Planning and Zoning Board. Suda, Inc. Reclassification of Property to Commercial - Lot 26 less West 651.73 ft., Block D, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, paae 5 - 17.4 acres on west side of S.R. 434. near CitY_1!al~ Koch gave her presentation. She stated that the request is to change the land use from High Density Residential to Commercial. The request is for the eastern portion of the property to be developed for a regional post office. The rest of the Lot 26 and all of Lot 27 will remainat High Density Residential - Zone R-3. She stated that the current zoning and land use will not allow development for a post office; Commercial land use and zone C-1 will allow this. There was discussion on the number of acres to be reclassified. Bill Miller, representing Suda, Inc., was there to speak for the owner. He stated that he does not have precise information from the post office on the final determination to the total number of acres that will be needed for this project. Koch stated she advised the applicant that the request for land use amendment needed tospecify exact boundaries, so a tract was delineated fronting on S.R. 434 within which the proposed project could be sited. Any reclassified property remaining after the precise boundaries were drawn for the post office could be recombined with the balance of Suda1s R-3 property under a Conditional Use approval in C-1. Harry Reynolds, engineer, was there to speak for the development. There was discussion by the Land Planning Agency members regarding the future of road improvements in this area. Planning and Zoning Board Minutes April 22, 1987 Page 3 Alex Halberstadt president of Newlando, Inc., was there to speak for his request. He stated that the request is to relocate the entrance from Third Street to Sheoah Boulevard, to relocate general parking, to reshape the retention pond, and to change 27 ft. townhouse lots to 45 ft. patio home lots. He stated that this is consistent with the concept wi th the Highland Village development, he stated that the Highlands Homeowners Association agrees and residents who live in the highlands Village also agree with this change. Kathleen DeGrenia, President of the Highlands Homeowners Association, was there to speak for the request. She stated that they have no problem with the request, she did state that additional fencing to continue from where it is up around lot 1 to screen cars from the parking lot; also some type of landscaping to discourage people from cutting through. Hartman stated that he had to leave the meeting to catch a plane, and wanted to voice his approval of this request. There was discussion on the request. Saporito moved to recommend approval that finding of fact that this request of the proposed amendment is consistent with the final development plan as previously approved. Seconded by DeFazio. Vote: All aye. Saporito moved to recommend approval contingent upon the recommendation of the Homeowners Association for additional fencing, additional landscaping, and a median cut onto Sheoah Boulevard. Seconded by DeFazio. Vote: All aye. The meeting was adjourned at 8:40 P.M. Respectfully submitted Margo Hopkins, Secretary Planning and Zoning Board PLANNING AND ZONING BOARD MEETING April 22, 1987 PRESENT WERE: Richard DeFazio, Vice-Chairman Gene Dorman, Chairman Taru Joshi Jim Hartman Michael Saporito CITY OFFICIALS: J. Koch, Dir. Adm./City Planner D. LeBlanc, Land Dev.Cordinator The meeting was called to order by Chairman Dorman at 7:30 P.M. APPROVAL OF MINUTES OF MARCH._.~~987: Hartman moved to approve the minutes of March 25, 1987. Joshi. Vote: All aye. Seconded by PUBLIC HEARING Local Planning Agency Consideration of Proposed Amendments to Comprehensive Plan - Land Use Element - Adopted Land Use Map: _ Dorman stated that the Local Planning Agency will reopen the hearing of March 25, 1987, to consider additional request for land use reclassification. He stated that the Board will convene the public hearing and hear the request as the Local Planning Agency. They will then reopen the regular meeting and take action on the request as the Planning and Zoning Board. Suda, Inc. Reclassification of Property to Commercial - Lot 26 less West 651.73 ft., Block D, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5 - 17_~.-i_ acres on west side of S.R. 43~_ne~r Ci.!YJ:l.al.h Koch gave her presentation. She stated that the request is to change the land use from High Density Residential to Commercial. The request is for the eastern portion of the property to be developed for a regional post office. The rest of the Lot 26 and all of Lot 27 will remainat High Densi ty Residential - Zone R-3. She stated that the current zoning and land use will not allow development for a post office; Commercial land use and zone C-1 will allow this. There was discussion on the number of acres to be reclassified. Bill Miller, representing Suda, Inc., was there to speak for the owner. He stated that he does not have precise information from the post office on the final determination to the total number of acres that will be needed for this project. Koch stated she advised the applicant that the request for land use amendment needed tospecify exact boundaries, so a tract was delineated fronting on S.R. 434 within which the proposed project could be sited. Any reclassified property remaining after the precise boundaries were drawn for the post office could be recombined with the balance of Suda's R-3 property under a Conditional Use approval in C-1. Harry Reynolds, engineer, was there to speak for the development. There was discussion by the Land Planning Agency members regarding the future of road improvements in this area. Planning and Zoning Board Minutes April 22, 1987 Page 2 Dorman closed the public hearing and reconvened the Planning and Zoning Board. Hartman moved to recommend approval to the City Commission to add this property to our land use map as commercial land use and change the zoning to C-1. Seconded by DeFazio. Vote: All aye. Dorman reopened the Public Hearing for any public input on the amendments considered March 25, 1987. He asked if there was anyone present to add input to the following amendments. Addition of annexed property to map at Light Industrial Classification - Lot 14 and part of Lot 15, Entzminger Farms, Addition 3, and part of Lot 13, Addition 1, Plat Book 6, Page 27 - 10 acres on Florida Avenue at Us 17-92. There was no further comment on this amendment. Addition of property being annexed to map at Light Industrial Classification - Lot 25, Block D, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5 - 10 acres on south side of S.R. 434, East of S.R. 419. There was no further comment on this amendment. Reclassification of property to Light Industrial - West 1/2 of Lot 20, Block D, D.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5 - 5 acres on south side of S.R. 434, east of S.R. 419. There was no further comment on this amendment. Reclassification of property to Light Industrial - Lot 28, Block B. d.R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5 - 8 acres north of S.R. 434 - Tuscawilla Road intersection. There was no further comment on this amendment. Dorman closed the Public Hearing and reopened the Planning and Zoning Board. Request of Newlando, Inc. for amendment of approved final development plan/preliminary engineering of Highland Village Unit I - Multi-family development on east side of Sheoah Boulevard - north of N. Third Street in the Highlands: LeBlanc gave his presentation. He stated that this request has to do wi th section 44.85.8 - Al terations to the preliminary development plan. Planning and Zoning Board Minutes April 22, 1981 Page 3 Alex Halberstadt president of Newlando, Inc., was there to speak for his request. He stated that the request is to relocate the entrance from Third Street to Sheoah Boulevard, to relocate general parking, to reshape the retention pond, and to change 21 ft. townhouse lots to 45 ft. pat io home lots. He stated that this is consistent with the concept with the Highland Village development, he stated that the Highlands Homeowners Association agrees and residents who live in the highlands Village also agree with this change. Kathleen DeGrenia, President of the Highlands Homeowners Association, was there to speak for the request. She stated that they have no problem with the request, she did state that additional fencing to cont inue from where it is up around lot 1 to screen cars from the parking lot; also some type of landscaping to discourage people from cutting through. Hartman stated that he had to leave the meeting to catch a plane, and wanted to voice his approval of this request. There was discussion on the request. Saporito moved to recommend approval that finding of fact that this request of the proposed amendment is consistent with the final development plan as previously approved. Seconded by DeFazio. Vote: All aye. Saporito moved to recommend approval contingent upon the recommendation of the Homeowners Association for additional fencing, additional landscaping, and a median cut onto Sheoah Boulevard. Seconded by DeFazio. Vote: All aye. The meeting was adjourned at 8:40 P.M. Respectfully submitted Margo Hopkins, Secretary Planning and Zoning Board ~~~. !,;~~r aiJ . ~ ~, '\iI~\; .. h .;....... * "',P ," ~ /" "~~,4r/~ ~~~_,~.~ ~~~:~" CITY OF WINTER SPRINGS, FLORIDA 1126 STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327.1800 May 5, 1987 Mr. Gerald Korman 820 East Highway 434 Suite 170 Longwood, Florida 32750 Dear Mr. Korman: This letter is to advise you that a public hearing will be held on June 8, 1987 at 7:30 p.m. or as soon thereafter as possible by the City Commission of Winter Springs, Florida, at City Hall, 1126 East State Road 434, Winter Springs, Florida, to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REZONING LOT 3 AND THE WEST 50 FT. OF LOT 4, ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, FROM THE PRESENT ZONING CATEGORY OF R-U TO C-2 PURSUANT TO CHAPTER 166.041 OF THE FLORIDA STATUTUES; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. All interested persons are invited to attend and be heard at this meeting. If there is any further information you may need, please call this office. Yours truly, CITY OF WINTER SPRINGS ?7I~-r:~ Mary T. Norton City Clerk The Orlando Sentinel Published Daily A1tamonte Spring., Seminole County, Florida ~hde of Jflortrm} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared Donnaberta Miner , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being.. Notice of Public Hearing in the matter of Ordinance No. 378 in the Court, was published in said newspaper in the issues of May 17. 1987 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this od_~tfM~.~ti~in~=18~ ~~"4~ Sworn to and subscribed before me this 26th of 87 ~ My Commission Expires Bonded Thru Brown & Brown, Inc. ADVERTISING CHARGE $11.81 clay NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GWEN by the City Commission of the City of Winter ,Springs, Florida, that sak:! Commission wiH hold a Public Hearing on an ordi- nance entitled as follows: ORDINANCE NO. 378 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RE- ZONING LOT 3 AND THE WEeT 50 FT. OF LOT 4, ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9, PUBLIC RE- CORDS OF SEMINOLE COUNTY, FLORIDA, FROM THE PRESENT ZONING CATEGORY OF R-U TO C-2 PURSUANT TO CHAPTER 166.041 OF THE FLORIDA STAT- UTES; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. This Public Haaring will be held at 7:3(l p.m. on June 8, 1987, or as soon theraafter as possiblle in the Commis- sion Chamber, City Hall, 1126 East S.R. 434. Winter Springs, FI. 32708. Capias of the proposed ordinance are available are In the office of the CIty Clerk for inspection. Interested parties mey appear at this hearing and be heard with raspect 10 this proposed Ordinance. PenIons are advised. that if they de- cide to appeal any decision made at this meeting, they will need a record : of the proceedings and for such pur- , pose, they may need to ensure that a verbatim record of the proceedings is made which record includes the testi- mony and evidence upon which the appeal is to be based per Section 286.Q1 05 Florida Statutes. Dated this 5th day of May, 1987 CITY OF WINTER SPRINGS, FLORIDA IslMary T. Norton Mary T. Norton, City Clerk FORM NO. AD-264