HomeMy WebLinkAbout1996 12 09 Regular Item B
COMMISSION AGENDA
ITEM B
REGULAR X
CONSENT
INFORMATIONAL
December 9. 1996
Meeting
p
REQUEST: The General Services Department requests City commission approval of
Resolution No. 808, providing for the establishment of Interim Service
Fees, repealing Resolution No. 775, passed and adopted February 12,
1996.
PURPOSE: The purpose of this Board Item is to request adoption of Resolution No. 808,
providing for the establishment of Interim Service Fees, establishing Interim
Service Fees for 1997 in accordance with Ordinance No. 527,
BACKGROUND:
The City Commission determined that it was in the best interest of the City to
establish interim Service Fees by adopting Ordinance No. 527 (attached hereto).
Interim Service Fees are designed to pay for municipal services from the time a
new structure is completed and occupied, until the structure is included on the Ad
Valorem tax rolls.
The fee is based upon the cost of providing the "Specified Municipal Service" to
the structures from the date of issuance of a Certificate of Occupancy through
December 31 of that year, less anticipated franchise fees, utility taxes, fines and
forfeitures, charges for services and other revenues from user-based fees,
"Specified Municipal Services" is defined as follows:
*
Public Safety
Code Enforcement
Street Maintenance
*
*
*
Parks/Recreation
Engineering
Building Maintenance
*
*
There are three classes of Fees; Residential, HotellMotel and non-residential.
The Interim Service Fee for residential is calculated on a per dwelling unit basis.
Non-residential is calculated on a cost/lOOO gross square foot or gross leasable square
foot. HotellMotel is based on 85% of the commercial rate in order to provide for a 85%
occupancy factor.
The proposed fee shows a $4.31 reduction in residential and $9.45 reduction in
commercial for a full year of service. This is pro-rated throughout the rest of the year
according to the following table:
1997 1996
Non Non
Residential Hotel/Motel Residential Residcntial Hotcl/Motcl Rcsidcntial
January $ 133.81 $145.84 $ 171.58 $ 138.12 $ 153.88 $ 181.03
Fcbruary $ 122.66 $ 133.69 $ 157.28 $ 126.61 $ 141.05 $ 165.94
March $ 111.51 $ 121.54 $ 142.98 $ 115.10 $ 128.23 $ 150.88
April $ 100.36 $ 109.38 $ 128.69 $ 103.59 $ 115.41 $ 135.77
May $ 89.21 $ 97.23 $ 114.39 $ 92.08 $ 102.58 $ 120.69
June $ 78.05 $ 85.08 $ 100.09 $ 80.57 $ 89.76 $ 105.60
July $ 66.90 $ 72.92 $ 85.79 $ 69.06 $ 76.94 $ 90.51
August $ 55.75 $ 60.77 $ 71.49 $ 57.55 $ 64.11 $ 75.43
September $ 44.60 $ 48.61 $ 57.19 $ 46.04 $ 51.29 $ 60.34
Octobcr $ 33.45 $ 36.46 $ 42.90 $ 34.53 $ 38.47 $ 45.26
Novcmbcr $ 22.30 $ 24.31 $ 28.60 $ 23.02 $ 25.65 $ 30.17
December $ 11.15 $ 12.15 $ 14.30 $ 11.51 $ 12.82 $ 15.09
The reduction in Residential and Commercial rates is based on increased numbers of residential
and commercial units spread over the fixed costs associated with providing services.
APPLICABLE LAW:
The City of Winter Springs has the authority pursuant to Article VIII of the Constitution of the
State of Florida, Chapter 166, Florida Statutes to adopt ordinances authorizing the establishment
of Interim service Fees, and Ordinance No. 527, adopted by the Commission, September 14,
1992 authorizing Interim Service Fee Resolutions,
FUNDING:
No funding required to implement
RECOMMENDATION:
That the City Commission:
Adopt Resolution No. 808 providing for Interim Service Fees for Fiscal Year 1997
contingent on legal review and sign off by the City Attorney.
lMPLEMENTA TION SCHEDULE:
Resolution No. 808 providing for the establishment of Interim Service Fees will be
effective January 1, 1997.
ATTACHMENTS:
1. Ordinance No. 527 dated September 14, 1992 relating to Interim Service Fees,
2. Resolution No. 775 dated February 12, 1996 establishing Interim Service Fees and
repealing Resolution No. 750.
3. Proposed Resolution No. 808 establishing Interim Service Fees and repealing
Resolution No. 775.
4. Interim Service Fee Calculations for Fiscal Year 1997.
COMMISSION ACTION
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ORDINANCE NO. 2'l:l-
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
RELATING TO INTERIM SERVICES FEES: CREATING ARTICLE XI,
CHAPTER 6 OF THE CODE OF ORDINANCES; ESTABLISHING
AUTHORITY; MAKING FINDINGS AND DETERMINATIONS: PROVIDING
FOR DEFINITIONS: PROVIDING FOR ESTABLISHMENT OF AN INTERIM
SERVICES FEE; PROVIDING FOR CALCULATION OF 'l1m J N'J'I':R1M
SERVICES FEE AND AOOPTING A FEE SCHEDULE; PROVIuI.1'lI,: 1:'()1l
EXEMPTIONS; PROVIDING FOR COLLEctION OF INTERIM SERVICES
FEES; PROHIBITING THE ISSUANCE OF CERTIFICATES OF OCCUPANCY
UNTIL PAYMENT OF THE INTERIM SERVICES FEE; PROVIDING FOR AN
INTERIM SERVICES FEE FUND; PROVIDING FOR SEVERABILITY;
CONFLIGrS AND EFFEGrlVE DATE.
WHEREAS, The City Commission of the city of Winter Springs, Florida,
finds it in the public interest to provide an interim service fee;
NCM, THEREFORE, BE IT ORD1\INED BY THE CITY ca-lMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA AS FOLLCMS:
SEGrION I - Short title. this Ordinance shall be known and may be
cited as the "Interim Services Fee",
SEGrION II - A new Article XI, Chapter 6 of the Code of Ordinances
of th~ City of Winter Springs, Florida, is hereby adopted and reads as
follows:
Article XI. Interim Services Fee
Sec. 6-250. Authority
to adopt thiJ.ordinance pursuant to
The City has
the authority
Article VIII of the Consti'tution of the State of Florida, Chapter
166, Florida Statutes.
Sec. 6-251. Findings and Determinations
It is hereby found, determined ffi1d declared as follows:
(1) The costs of providing the specified municipal services (as
defined herein) exceed the fees charged for such services and consequently
those costs are borne in large part through ad valorem taxation.
(2) From the time a new structure is ccrnpleted and occupied until
the structure is included on the ad valorem tax rolls as of the ensuing
January 1, the city provides the specified municipal services and other
direct services for which it receives no ccrnpensation.
(3) The demand for additional municipal services increases with the
development of real property located in the City and the subsequent occupancy
of structures located thereon and the existing fiscal structure of the City'
is irisufficient to meet the ever increasing demands for municipal services
imposed upon the City by such new development,
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(4) The implementation of an interim services fee to defray the
costs to the City of providing the specified municipal services to newly
improved property prior to the imposition of ad valorem taxes on such
improvements is in the best interests of the citizens and residents of the
City of Wint" Sp,in9s and ',fl'cts th, City's d'si" fo, ftsC.1 man'9oment.
(5) The interim setvices fee imposed by this Chapter is not in any
manner, directly or indirectly, intended as an ad valorem tax, nor is the
amount of the fee established herein related in any way to the valuation of
the property receiving the specified municipal services.
Sec. 6-252. Definitions.
The following words when used herein shall have the meanings
indicated, unless the context clearly indicates otherwise:
"Owner" shall mean the person or legal entity reflected in
the public records of Seminole County, Florida, as the fee
simple title holder of real property upon which a structure
has been completed.
"Specified municipal services" shall mean and be limited to
the following municipal services provided by the City;
public safety, code enforcement, engineering, parks and
recreation, street maintenance, and building maintenance
(excluding building maintenance on general services
functions) .
"Structure" shall mean any building or improvements
constructed upon real property located within the corporate
limits of the City for which a certificate of OCCupancy is
required, either permanent or temporary, for the full or
partial USe thereof.
Sec. 6-253. Establishment of Interim Services Fee.
Except as set forth in Sec. 6-255 hereof, an interim services fee is
hereby imposed upon every structure located within the City from the date of
issuance of a certificate of OCCupancy for such structure through December 31
of that year.
Section. 6-254. Calculation of Interim Services Fee.
(a) The fee schedule shall be based Upon the cost of providing the !al
specified municipal services to the structures subject to the interim my
services fee from the date of issuance of a Certificate of OCCupancy through
all
December 31, of that year, less anticipated franchise fees, utility taxes,
fines and forfeitures, charges for services and other revenues from USer-
ces
based fees.
:ial
The initial interim services fees and all changes thereto shall
the
be by separate Resolution passed by the City Commission.
Fee schedule shall
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be reviewed annually be the City Conmission to rrake such revisions as are
consistent with the findings and deteDminations set forth in Section 6-251
hereof and the uses of the interim services fees set forth in section 6-258
hereof.
(b) Notwithstanding the fee schedule set forth in Sec. 6-254(a),
the rrdnimum interim services fee charged shall be Ten Dollars ($10.00).
(c)
The interim services fee for residential structures shall be
calculated on a per dwelling unit basis.
The interim services fee for new
hotel and motel structures
shall be
calculated on
roan basis.
The
a per
interim services fee for all non-residential structures shall be calculated
on the basis of a cost per one thousand (1,000) gross square feet or gross
leasable square feet, or portion thereof.
(d) The building official shall be responsible for calculating the
applicable interim services fee and deteDmining the fee category into which a
structure should be placed. If a structure does not clearly fit into a fee
category set forth in Sec. 6-254(a) then the building official shall'place
such structure in the fee category which he deems to
be the most consistent
with the purposes of this Chapter.
Sec. 6-255. Exemptions.
The interim services fees shall not be imposed upon:
(1) Structures requiring a certificate of occupancy solely for
change of use of said structure.
(2) Remodeling or additions to structures (such as swirrndng pools
and fences) which do not result in a net increase in gross square footage.
(3) Maintenance and repairs.
(4) Any structure owned by goveL~mental units and used for
governmental purposes, or governmentally owned structures which'are leased to
an organization which uses the structure solely for tax-exempt purposes.
Sec. 6-256. Collection of Interim Services Fee.
The interim services fee shall be paid by the owner of the real
property prior to the issuance of a certificate of' occupancy, for any
structure located on the owner's real property. The building official shall
be charged with the responsibility for collection of the interim services
fees.
Upon request for a certificate of occupancy, the building official
shall issue a statement of the interim services fee due and payable for the
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structure in question. Such fee statement shall be presented to the owner of
the real property on which such structure is located and shall be collected
by the building official prior to the issuance of a certificate of occupancy.
In the event a person other than the owner pays the interim services fee,
then the owner shall be discharged fram all further obligations hereunder to
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the City and the person paying such interim services fee on behal f of the ".'
owner shall not subsequently be entitled to a refund thereof.
Sec. 6-257. Issuance of Certificates of Occupancy.
No certificate of occupancy, shall be issued for any structure, or
portion thereof, unless and' ,until the interim services fee required by this
Chapter has been paid.
Sec. 6-258. Interim Services Fee Fund.
(a)
The interim services fees collected by the City pursuant to
this Chapter shall be kept separated fram other revenue of the city and paid
into a proprietary fund which is hereby created, to be known as the "Interim
Services Fee Fund". Such fund shall be used exclusively for the purposes of . .
providing the specified rrRmicipal services for the benefit of those
structures upon which the interim services fee has been imposed and
collected.
(b)
The city manager shall provide the, city Commission with
recommendations for expenditure of monies fram the Interim Services Fee Fund
during the annual budget process.
(c) Any funds on deposit in the Interim Services Fee Fund which are
not immediately necessary for expenditure pursuant to this Chapter shall be
invested in interest bearing accounts. All income derived shall be deposited
in the Interim Services Fee Fund. Owners shall not receive a credit for or
be entitled to interest fram the investment of funds.
(d) Any funds on deposit in the Interim Services Fee Fund which are
not expended or encumbered six (6) years fram the date the interim services
fee was paid shall, upon application of the feepayer and proof of payment, be
returned with interest at the rate of six percent (6%) per annum fram the
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SEGrION III
- Severabi Ii ty .
date of payment. . ,
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clause, or phrase or
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portion of this
If any section, subsection, sentence,
Ordinance is I'for any reason held
unconstitutional or invalid by any court of competent jurisdiction such
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. . portion shall be deemed a separate distinct and independent provision and 1',.
such holding shall not affect the validity of the remaining portion thereto.
SECTION IV - Conflicts. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION V - Effective date. That this ordinance shall take effect
immediately upon its final passage and adoption.
Passed and adopted this ~ day of ~
1992.
CITY OF WINTER SPRINGS, FLORIDA
ATI'EST:
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CITY C ERK
First Reading~g~st 10, 1992
Posted
August 14, 1992
Second Reading and Public Hearing
September 14, 1992
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ImSOLU'I'ION NO.. 77!J
A RESOLUTION OF THE CITY OF WINTEn SPHINGS, FLORIDA,
PROVIDING Fon THE ESTABLISHMEN'f OF AN INTEIUM SERVICES
FEE; REPEALING RESOLU'fION NO. 760; PHOVIDING FOR
CONFLICTS AND EFFECTNE DATE.
WHEREAS, lhe Cily Commisaion oClhe Cily ofWinler Springa, Flol'ida, has
delermined lhe need for Inlerim Service Fees, and
WHEREAS, lhe Cily Commission of lhe Cily of Winlel' Springs, Flol'ida, has
by the adoption of Ol'dinatlce No, '627 di.'ected that it is necess!lry to set the Interim
Services Fees by resolulion,
NOW, 'fIIEREmlm, 1m 1'1' nESOLVED BY THKCI'i'Y COMMISSION OF
THE CITY OF W1N'rER SPlUNGS, FLOlUDA, THAT:
SECTION I - Resolulion No, 750 passed and adopted January 9, 1905
ia hereby repealed in ita entirety.
SEC'l'ION II- the following fee schedule for Intel'im Service Fees is adopted
as being the oOidal Interim SCl'vice Fee Schedule for the City of Win tel' Spl'ings, Flol'ida:
Month C.O. Issued Rcsldclllilll' IIotcl/Motel" NOIl-Rcsidcntlal'"
January $138,12 $153.88 $181.03
February $12G.61 $141.06 $106,94
March $116.10 $128,23 $150,80
April $103,60 $116.41 $135.77
May $02,08 $102,68 $120.09
June $80.57 $89.70 $105.00
July $60.06 $76,04 $00.61
Augusl $57,55 $64,11 $75.43
September $46,04 $51.29 $60.34
October $34,53 $38.47 $45,20
Novernbel' $23,02 $25,05 $30.17
I.
Decembel' $11.51 $12,82 $15.00
pCI' dwelling unit
,. per unit by occupancy rate (85%)
,.. pel' 1,000 square feet
SECTION III . This Resolution shall remain in force and elTect unlil supplemented
amended, repealed Or otherwise allered.
SECTION IV - All Resolutions or parls of Resolulions in conflict wilh this
Resolulion al'e hereby repealed.
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SECTION V - Upon its passage amI approval, this resolution shall be
retroactive to January 0 I, 1996,
P""d ,"d .dopl,d 1h;, ,,(,1 ~.y of ~ ] 996.
CITY OF WINTER SPRINGS, FI.ORIDA
ATTEST:
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nt-:W-I~~i 04: 10 PM HOM CITY OF WINTH SHGS
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CITY OF WINTER SPRINGS, FLORIDA
1128 EAST STATE ROAD ~
WINTER SPRINGS. FLORIDA 3270,8-2799
Telephone (407) 32'7-1800
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AGENDA
REGULAR MEETING
CITY COMMISSION - CITY OF WINTER SPRINGS
JANUARY 9. 1995 - 7:30 P.M.
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I. Call to order
Roll Call
Invocation
Approval of minutes of December 12, 1994
Approval of minutes of Special Meeting of December 21, 1994
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lJ. Public Comment
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III. General Agenda , '
A~ApprovaVOisapproval- Request of Clara Joyce to rezone property from R-U and
C-2 to R-3 (eight (8) acre parcel north ofCSX Railroacl and south of Orange
Avenue).
~ Ord. No._ Amending RU land use designation.
3. Ord. No. 574, first reading it item 1 (above) approved. Tabled from Dec. 12, 1994
meeting.
B. Resolution NO.750 establishing interim service fees, conflicts and effective date etc.
C. Resolution No. 751 expressing appreciation to John V. Tor.;:a50.
D. Resolution No. 752 expressing appreciation to Jean Jacobs.
E. Resolution No. 753 establishing joint resolution proposing an amendment to Article 1.
Section 5 of State Constitution relating to the right of citizens to assemble and instruct
their representatives, conflict and effective date etc.
F. Resolution No. 754 - Time Warner Entertainment Company
G. Approval of recommended Equity Study Commission Members.
H. Appeal of Rev. Neil Backus to B.O.A. action, denial of conditional use for Church
within R-Cl single family dwelling district.
(I L-(lti~9:1 (14: I (I H1
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FROM 1.,1 Tl !). 't'I, ,2" J,'
F02/02
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I. City Attorney. Frank Kruppenbacher
I. Wage and Hour report and recommendation for action
2. Report on status ofBi1Jboard moratorium
3. Reports
J. City Manager - lohn Govoruhk
I. Reports.
K. Commission Seat V - David McLeod
L. Commission Seat I - Larry ConnitT
M. Commission Seat II - JOM FeTring
N. Commission Seat III. John Langellotti
O. Commission Seat IV - Cindy Gennell
P. Mayor's Office - John F. Bush
Q. Adjournment.
Persons with disabilities needing assistance to participate in any of these proceedings should
contact the Employee Relations Department ADA Coordinator 748 hours in advance ofthe
meeting at (407)327-1800.
Persons are advised that if they decide to appeal any decisions made at th~e meetings/hearings
they will need a record of the proceedings and for such purpose, they may need to insure that a
verbatim record of the proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based per Section 286.0105 Florida Statutes.
01-0~-95 10:09 AM FROM CITY OF WINTER SPRGS
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DEe 3 0 1994
CITY OF WINTER SPRINGS. FLORIDA
TO.
VIA:
FROM.
,DATE:
REI
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
John Govoruhk, city Hanaq~ ~~/
John ketteringham, G.ner~~~io. Director ~
Carl Gosline, Community 08~elopm.nt Coordina or ~~
December 29, 19~4
Joyce Rezoning - Neiqhborhood meeting
(;11 Y UI-- WiNTER SPRI
City M2nager
At the December 12, 1994 roaeting of the city Commission, this
matter was tabled to permit the city staft' an opportunity to
coordinate our recommendation with the County planning staff. A
meeting was held on December 29, 1994 with re~resentatives of thQ
County Planning Department, the applicant, the neighborhood and the
staff in attendance. A summary of that meeting is attached for
your reference.
In summary, a compromise was reached wherein the staff recommends
an amendment to the RU zoning classification which includes an ACLF
as a permitted use. The City Attorney is in the process of
drafting an ordinance to this effect.
This compromise eliminates the need tor Mrs. Joyce to rezone her
property to R-3 to perrni t construction of an ACLF. The staff
believes this approach mitigates most of the concerns expr~ssed by
the County, the City Commission and the neighbors regarding the
possibility of apartments being constructed should the ACLF fail to
materialize.
cc: Mayor and City Commission
Doug Kelly - Seminole County Planning Department
Greg Bachnik - President SLJSHA
Bill Reischmann - applicant legal counsel
Frank Kruppenbacher
Don LeBlanc
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01-O~-95 10:09 AM FROM CITY OF WINTER SPRGS
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MEETING SUMMARY
December 29, 1994
Proposed Joyce Rezoning from RU and C-2 to R-3 located at 1205
Orange Avenue, Winter Springs, FL
Attend..sl
John Govoruhk, City Manager
John Katteringham, General Services Director
Frank Kruppanbacher, city Attorney
Don LeBlanc, Land Management Specialist
Carl Gosline, Community Development Coordinator
Dour Kelly, Seminole County Planning Department
Greg Bachnik, President, SLJSHA
Scott Wassman, SLJSHA
Cathy Cowden, Realtor
Clara Joyce, applicant
Bill Reischmann, applicant legal counsel
The City staff proposed a compromise approach in which the staff
would recommend to the City Commission that the list of permitted
uses in the RU zoning classification be amended to permit ACLFs and
that the ACLF be subj ect to the site plan review process as
described in Chapter 9 of the City Code. After some discussion,
this approach was generally acceptable to the applicant and the
County Planning Department. The residents expressed some
reluctance to accept this approach.
Mr. Bachnik explained that the SLJSHA is opposed to the current
land use classification and would prefer to have it changed to some
classification more compatible to the existing development. It is
the SLJSHA position that an ACLF of this type i~ a commercial use
and as such is totally incompatible with the existing deVelopment
in the area. They also expressed concern about the traffic that
this facility would generate on a substandard road.
Frank explained that the city cannot change the land Use
classification without going through the plan 4mendment process.
This process takes a minimum of nine months. In addition, the City
would still be required to act on the Joyce application based on
the current regulations.
He further explained that, the City Commission is very concerned
about site plan development issues such as provision ot potable
water and possible traffic impacts and that all projects, other
than single-family residential, in the City of Winter Springs are
required to undergo the site plan review process. However, the
site plan review process cannot begin until the property is
correctly zoned for the intended use. The staff agreed to kecap the
County staff and the SLJSHA advised of the site plan review
discussions as they progress.
01~09-95 10:09 AM FROM CITY OF WINTER SPRGS
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Joyce Rezoning Meeting Summary
December 29, 1994
page 2
The tentative schedule for the necessary actions to accomplish the
compromise is as follows:
1. Janua~Y 9. 19~~ - first reading of the proposed ordinance
to add ACLF as a permitted USe in the RU classification
2. J~nuary 9. 1995 - first reading of the draft ordinanc$ to
rezone the property to R-3
3. J.anuary 18. 1995 - P&Z Board consideration of the proposed
amendment to add ACLFs as a permitted use in the RU
classification
4. bbruary 13. 1995 - second reading of the ordinance adding
ACLFs as a permitted usa in the RU cl~ssification
5. February 13. 1992 - second reading ot the ordinance to
razone to R-3, only if the previous ordinance is not
adopted
STENSTROM, McINTOSH, JULIAN, COLBERT, WHIGHAM & SIMMONS, P.A.
Attorneys at Law
Sun Bank Building - Suite 22 - 200 West First Street
Post Office Box 4848, Sanford, Florida 32772-4848
Sanford: (407) 322-2171, Orlando: (407) 834-5119
Fax: (407) 330-2379
TELECOPIER MESSAGE COVER SHEET
DATE
January 9, 1995
NUMBER OF PAGES
(Including cover)
J7
,
TO
FAX NUMBER:
Kathy Cowden
331-9681
FROM
William E. Reischmann, Jr., Esq.
RE
Joyce v. City of Winter Springs
FILE NO.
R-44,855
SPECIAL INSTRUCTIONS OR COMMENTS:
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