HomeMy WebLinkAbout1999 11 08 Public Hearings Item E
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearing X
Regular
November 8. 1999
Meeting
MGR0EP~
Authorizati~
REQUEST: The Community Development Department - Planning Division requests the
City Commission hold a public hearing for the first reading and consideration
of Ordinance 749 to designate the Elizabeth Morse Foundation property (59.45
acres) R-IA "One Family Dwelling District" on the City's Zoning Map.
PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public
hearing for first reading and consideration of Ordinance 749 to change the
Zoning Map designation of the Elizabeth Morse Foundation property from
County A-lO "Agriculture" to City designation R-IA "One Family Dwelling
District".
APPLICABLE LAW & PUBLIC POLICY:
Sec. 20-57 of the City Code states "The planning and zoning board shall serve. . .to
recommend to the City Commission the boundaries of the various original zoning districts. .
and any amendments thereto. . .act on measures affecting the present and future movement of
traffic, the segregation of residential and business districts and the convenience and safety of
persons and property in any way dependent on city planning and zoning."
l~~~
CDD/October 28,1999/3:37 PM
NOVEMBER 8, 1999
PUBLIC HEARING AGENDA ITEM E
PAGE 2
CONSIDERATIONS:
· The subject property was annexed into the City on September 27, 1999.
· The applicant is requesting rezoning contingent upon approval of the large
scale plan amendment to change the Future Land Use Map designation from
county "Suburban Estates" (maximum 1 DU per acre) to City designation
"Lower Density Residential" (1.1 - 3.5 DU per acre)
FUNDING:
N/A
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning & Zoning Board voted to approve the proposed change in
zoning for the subject property from County A-10 "Agriculture" (1
DU/lO acres maximum) to City's R-1AA One Family Dwelling
District (10,000 sq. ft. minimum lot size) contingent upon the applicant
receiving approval for their proposed large scale comprehensive plan
amendment change from County R-lO "Rural" Future Land Use Map
designation to the City's "Lower Density Residential" (1.1 - 3.5
DU/acre) Future Land Use Map designation.
STAFF RECOMMENDATION:
Based on the Staff Report and the Findings, staff recommends the following:
That the City Commission approve the proposed change of zoning from
County A-lO "Agriculture" (1 DU/lO acres maximum) to City's R-IA
One Family Dwelling District (8,000 sq. ft. minimum lot size)
contingent upon the applicant receiving approval for their proposed
large scale comprehensive plan amendment change from county R-lO
"Rural" Future Land Use Map designation to the City's "Lower Density
Residential" (1.1 - 3.5 DU/acre) Future Land Use Map designation.
CDD/October 28,1999/3:51 PM
NOVEMBER 8, 1999
PUBLIC HEARING AGENDA ITEM E
PAGE 3
IM:PLEMENTA TION:
The City Commission would hold a public hearing for the second reading and adoption
of Ordinance 749 on November 22, 1999. Ordinance 749 will take effect upon approval
by the DCA of the large scale comprehensive plan amendment from County
R-lO "Rural" Future Land Use Map designation to the City's "Lower Density
Residential" (1.1 - 3.5 DU/acre) Future Land Use Map designation.
ATTACHMENT:
A. Ordinance 749
B. Map of the subject parcel for rezoning.
C. October 6, 1999 Planning & Zoning Board minutes.
COMMISSION ACTION:
CDD/October 28,199913:37 PM
ORDINANCE 749
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, REZONING A 67.85 ACRE
PARCEL OF LAND KNOWN AS THE ELIZABETH MORSE
FOUNDATION PROPERTY, LOCATED ON THE NORTH SIDE
OF STATE ROAD 434 BETWEEN SPRING AVE. AND THE
GREENEWAY (S.R. 417) AND ADJACENT TO THE
CASSCELLS TRUST PROPERTY ON THE NORTH SIDE,
FROM ITS PRESENT COUNTY DESIGNATION OF A-10
"AGRICULTURE" TO CITY DESIGNATION R-1A "ONE
FAMILY DWELLING DISTRICT" PURSUANT TO 166.041
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the owner, Elizabeth Morse Foundation, has petitioned the City of
Winter Springs to rezone the subject property;
WHEREAS, the City Commission of the City of Winter Springs, Florida
has determined it to be in the best interests of the heal~ safety and welfare of the
citizens of Winter Springs, Florida to change the zoning designation from its
present county designation of A-lO "Agriculture" to City designation R-lA "One
Family Dwelling District" on the following real property situate in Winter
Springs, Florida as a result of adoption of Ordinance 740 on September 27, 1999:
NOW, TIIEREFORE, TIIE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs rezones the following described
real property indicated in Exhibit "A" of this Ordinance (749).
SECTION IT -
SEVERABILITY
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 III -
CONFLICTS
That all Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION IV - EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption, in accordance with
166.041(4) Florida Statutes and Section 4. 15(c) of the City Charter.
PASSED AND ADOPTED this day of
. 1999.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
ANDREA LORENZO-LUACES
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
EXHIBIT A
(
"
LEGAL DESCRIPTION
Lots 1,2,3,4,5. aod 6, Section 32, Township 20 South, Range 31 East, ALSO Lots J, 2, J, 7,
and 8 or Section 5, Township 21 South. Range 31 East (Less beginning 20 fecI E of and 274.1
feet S of the NW comer of Lot 3, Section 5, run E 366.6 fecI N 060 05' E 507.3 feel, N 000 12' E
321.7 fect, S 8r 32' W 193 feet, N 04030' W 269.1 [eet, S 890 04. E 652.1 feet, S 89056' E
420 feet, N 241.9 feet to shore of Lake Jessup, W'ly along shore 1,286 feel to the E line of
Spring Avcnue; S 1,173 fcet to beginning), being 91 acres, more or less. All above real property
being a part of the Phillip R.. Young Grant according to the plat thereof as recorded in Plat Book
I, Page 35, Public Records of Seminole County, Florida.
ALSQ
\
A right ofingrcss and egress over that lO-fool strip of land adjoining and running along the N'ly
side of a line commencing 20 feet E and 274.1 feet S of the NW comer of Lot 3 of Section 5,
Township 21 South, Range 31 East, run E 366.6 feet and a right of ingress and cgrCss oycr that
1 a-foot strip of land adjoining and running along the W'ly side of line commencing 366.6 fect E
of a point 20 feet E and 274.1 feet S of the NW comer of Lot 3, Section 5, Township 21 South,
Range 31 E, run N 06005' E 507.3 feet. thence N 000 12' E 321.7 feet, said Lot 3 appears in the
plat of Phillip R Young Grant as recordc<l in Plat Book 1, Page 35 of the public Records of
Seminole County, Florida.
J.;,css the E 25 feet of Lots 2 and 8 of said Section 5; less W 25 feet of Lots I, 3, and 7 of said
Section 5 and less W 25 feet of Lot 2 and E 25 fcel of Lot 3 of said Section 32.
LESS
A part of Lot 1, Section 5, Township 21 Soutb, Range 31 East, and Lots I, 2,-and 3, Section 32,
Township 20 South, Range 31 East of the Phillip R. Young Grant, according to the plat thereof
as recorded in Plat Book I, Page 35 of the. Public Records of Seminole County, Florida, being
more particula..dy described as follows:
COmmence at the NE comer of said Scction 5; thence run S 88049' 39" W along the N line of
said Section 5, a distance of 189.88 feet to tbe NE corner of said Lot I, Section 5 of the Phillip R.
Young Grant for a point of beginning; tl)cnee run S 040 42' 40" W along the E line of said Lot I,
Section 5, a distance of 665.23 [cet to the SE comer of said Lot 1, Section 5; thence run S 880
49' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feet; thcnce departing
said S line run N 250 45' 00" W, a dislancc of 1,386.79 fcetlO a point on the E line of the W
25.00 feet of said Lot 2, Section 32.; thence run NOlo 17' 12" W alol1$ said E line a distance of
408.90 feet to a point on the N line of said Lot 2, Section 32; thence departing said E line run S
83047' 20" E olong said N line a dis011lcc of949.00 fcello the NE comer of said Lot I, Section
32: tllence run SOil" 42' ilO" W along the E line of said Lot I, Sectlon 32. a distance of 891.00
"
(\ fcello lhe poinl o[beginning.
AND ALSO LESS
Commence at the NE comer of said Section 5 also being the SE comer of said Section 32~ thence
run S 88049' 39" W along the N line of said Section 5. also being the S line of said Section 32, a
distance of 1,088.05 feet to a point on the W line of the E 25.00 feet of said Lot 3, Section 32;
thence departing the S line of said Section 5 and the S line of said Section 32, run N 010 IT 12"
W along said W line, a distance of 709.22 fed for a point e.:-!:;eginning; thence departing said W
line run N 250 45' 00'.' W a distance of 103.97 feet; thence nu1 S 880 46' 48" W a distance of
69.93 fect to a point on the E line of amended plat of first addition to Mincral Springs, according
to the plat thereof, as recorded in Flat Book 8, Fagcs 46 and 47 of the Public Records of
Seminole County, Florida; thence run N 010 09' 12" W along said E line a distance of 225.66
fcet to a point on the N line of said Lot 3, Section 32~ thence departing said E line. run S 830 47'
20" E along said N line, a distance of 113.43 feet to a point on the aforesaid W linc of the E
25.00 fcct of said Lot 3, Section 32; thence departing said N linc run S 010 17' 12" E along said
W line a distance 0005.58 feet to the point of beginning.
Containing 24.179 acres, morc or less.
ALSO LESS
\
(
A part of the W 25.00 feet of Lot 2 and the E 25.00 feet of Lot 3, Section 32, Township 20
South, Ran~e 31 East of the Phillip R- Young Grant, according to the plat thereof, as recorded in
Pla1. Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly
described as follows:
Commene~ at the SW comer of said Section 32~ thence run S 880 49. 39" W along the S linc of
said Section 32, a distance of i,038.0S feet to a point on the E line of the W 25.00 feel of said
Lot 2; thence departing said S line DIn N 010 17' 12" W along said E linc a distancc of 599.42
feet for a point of beginning: thence dcparting said E line run N 250 45' 00" W a distance of
120.74 feet to a point on the W line of the E 25.00 feet of said Lot 3; thence run N 010 IT 12" W
along said W line a distance 0(305.58 feet to a point on thc N line of said Lot 3; thcnce departing
said W line run S 83047' 20" E along the N line of said Lot 2 and 3 a distancc of 50.43 feet to a
point on the E linc of thc W 25.00 feet of said Lot 2; thencc departing said N line run S 010 17'
12" E along said E line a distance of 408.90 feet to the point ofbeginning.
Containing 17,862 square fed, more or less_
)
(
ELIZABETll MORSE. FOUNDATION PROPERTY
TO BE .REZONED
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CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILP A
REGULAR MEETING
OCTOBER 6, 1999
I. CALL TO ORDER
The Planning And Zoning BoardlLPA Regular Meeting was called to order Wednesday,
October 6, 1999, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the Commission
Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter
Springs, Florida 32708). The Pledge of Allegiance followed.
Roll Call
Carl Stephens, Jr., Chairman, present
Marc Clinch, Vice Chairman, present
Tom Brown, present
Bill Fernandez, present
Rosanne Karr, present
Also Present
Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
Approval Of the September 1, 1999 Planning And Zoning BoardlLocal
Planning Agency Meeting Minutes
MOTION BY BOARD MEMBER TOM BROWN. "I MOVE TO APPROVE THE
MINUTES OF SEPTEMBER 1, 1999 REGULAR MEETING". SECONDED BY
BOARD MEMBER FERNANDEZ. "I'LL SECOND THAT MOTION WITH A
CORRECTION, ON THE FOURTH PAGE,' SECOND PARAGRAPH, THE
WORD 'YEA' SHOULD BE 'YES"'. THE BOARD AGREED TO THE MOTION
BY CONSENSUS. MOTION CARRIED.
II. REGULAR AGEN])A
A. Elizabeth Morse Foundation Rezoning [ REZ-4-99 ]
Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator explained to
the Board that the applicant, Harling Locklin Associates, is requesting a change of
Zoning Map designation from County A-I "Agriculture" to the City's R-IA "One Family
Dwelling District". The purpose is to develop the property as a single-family residential
subdivision. Mr. Grimms further explained the justification for rezoning; nuisance
potential of proposed rezoning to surrounding land uses; and Staff findings. He stated
"Based on the Staff Report and the findings, Staff recommends the Planning and Zoning
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILPA
REGULAR MEETING - OCTOBER 6. 1999
Page 2 of 4
Board make the following recommendation to the City Commission: That the City
Commission approve the proposed change of zoning from County A-I0 "Agriculture" (1
DU/I0 acres maximum) to City's R-IA Zoning District (8,000 sq. ft. minimum lot size)
contingent upon the applicant receiving approval for their proposed large scale
comprehensive plan amendment change from county R-I0 "Rural" Future Land Use Map
designation to the City's "Lower Density Residential" (1.1-3.5 DU/acre) Future Land
Use Map designation."
Discussion followed regarding the location of the property; the boundaries; the lot
widths; and the lot widths of other neighboring properties.
Board Member Fernandez questioned Mr. Grimms regarding annexations coming before
the Planning and Zoning Board. Mr. Grimms explained why they do not, and Board
Member Fernandez, for the record, voiced his displeasure in that decision.
The Board continued their discussion regarding Spring Avenue; conservation areas; the
orange grove; traffic concerns; the engineering plans of the subdivision; and the
GreeneWay Interchange Zoning District.
Randy Kirkwood, Harling Locklin Associates: informed the Board that he is employed
by the Property Owner, Duncan Bowman, and offered to answer any questions the Board
might have.
Discussion ensued regarding archaeological studies; where children would attend school;
the county enclave; the property being 59.45 acres; the wetlands; drainage; if the County
neighbors were notified of the intention to develop; the number of homes in the 'proposed
development; and.the density of neighboring areas.
MOTION BY BOARD MEMBER BROWN. "I'D LIKE TO MAKE A MOTION
THAT WE RECOMMEND TO THE CITY COMMISSION TO APPROVE THE
PROPOSED CHANGING ZONE FROM COUNTY A-I "AGRICULTURE" (1
DU/I0 ACRES MAXIMUM) TO THE CITY'S R-IA ZONING DISTRICT (8,000
SQUARE FEET MINIMUM LOT SIZES) CONTINGENT UPON THE
APPLICANT RECEIVING APPROVAL FOR THEIR PROPOSED LARGE
SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY
R-I0 "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S
"LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE
MAP DESIGNATION."
SECONDED BY BOARD MEMBER FERNANDEZ. "FOR DISCUSSION
PURPOSES I'LL GO AHEAD AND SECOND THAT CONTINGENT ON
SPECIFIC FINDINGS AS OUTLINED IN THE STAFF REPORT IN FRONT OF
CITY OF WINTER SPRlNGS
MINUTES
I'LANNING AND ZONING BOARDILPA
REGULAR MEETING - OCTOBER 6, 1999
Page 3 of 4
US UNDER ROMAN NUMERAL HEADING THREE, FOUR SPECIFIC
FINDINGS AS OTHERWISE THIS BOARD WOULD BE CRITICIZED FOR
NOT HAVING MADE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS
OF LAW TO SUPPORT OUR RECOMMENDATIONS AND ASK A QUESTION
AT THIS POINT. AS IF WHETHER OR NOT THE APPLICANT WOULD FIND
IT NOT ECONOMICALLY FEASIBLE TO DEVELOP THIS PROPERTY, NOW
THAT IT IS ON THE TABLE AT A HIGHER DENSITY, I WANT TO GET LESS
HOMES OUT THERE FOR SMALL ROADS, SCHOOL BUSES AND
EVERYTHING ELSE. I DON'T KNOW WHETHER THAT IS Rl-AA OR Rl-
AAA OR WHATEVER, BUT IS IT ECONOMICALLY FEASIBLE TO DEVELOP
THIS PROPERTY WITH LESS THAN 120 HOMES OUT THERE".
DISCUSSION. VOTE: CARL STEPHENS, JR.: NAY; MARC CLINCH: AYE;
TOM BROWN: AYE; BILL FERNANDEZ: NAY; ROSANNE KARR: NAY.
MOTION DID NOT CARRY.
MOTION BY BOARD MEMBER FERNANDEZ. "I'LL PUT A MOTION ON
THE FLOOR, THAT WE RECOMMEND, WHAT'S THE NEXT LEVEL UP
FROM R-l ?". MR. GRIMMS REPLIED, "R-IAA".
BOARD MEMBER FERNANDEZ CONTINUED. "I'LL RECOMMEND, THAT
WE RECOMMEND TO THE CITY COUNCIL BASED ON THE FINDINGS OF
ROMAN NUMERAL THREE OF THE STAFF REPORT, THAT THE CITY
COMMISSION APPROVE PROPOSED ZONING CHANGE FROM COUNTY A-
10 "AGRICULTURE" (1 DUIlO ACRES MAXIMUM) TO THE CITY'S R-1AA
ZONING (10,000 SQUARE FEET MINIMUM LOT SIZE), NINETY (90) WIDTH,
CONTINGENT UPON THE APPLICANT RECEIVING APPROVAL FOR
THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT
CHANGE FROM COUNTY R-I0 "RURAL" FUTURE LAND USE MAP
DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5
DU/ACRE) FUTURE LAND USE MAP DESIGNATION". BOARD MEMBER
ROSANNE KARR SECONDED. DISCUSSION. VOTE: MARC CLINCH: AYE;
TOM BROWN : AYE; BILL FERNANDEZ: AYE; ROSANNE KARR: AYE;
CARL STEPHENS, JR.: AYE; MOTION CARRIED.
III. FUTURE AGENDA ITEMS
Discussion ensued regarding if invitations were extended to the City Attorney and Ms.
Jimette S. Cook, Code Enforcement Officer to come and speak to the Board; By-laws;
fluoridation of the City water, updating the Topic Index; maintaining the Topic Index; the
Land Development Regulations; the 48th Annual Florida Planning and Zoning Conference
at Daytona Beach; the State moving towards giving the Local Planning and Zoning
Agencies more authority; the Evaluation Appraisal Report (E.A.R); the deadline to adopt
CITY OF WlNTER SPRINGS
MlNUTES
PLANNING AND ZONING BOARDILPA
REGULAR MEETlNG - OCTOBER 6, 1999
Page 4 of4
the School Collocation Large Scale Comprehensive Report; getting copies of maps to the
Board; the paving of Citrus Road; and bridle easements.
IV. ADJOURNMENT
By consensus of the Board, the meeting was adjourned at 8:10 p.m.
Note: Due to technical difficulties a portion of the meeting is not available.
Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office
City of Winter Springs, Florida
APPROVED:
CARL STEPHENS, JR., CHAIRMAN
PLANNING and ZONING BOARDILP A
NOTE: These minutes were approved at the
.1999 Planning And Zoning BoardILPA Meeting.
DOCSlboardslplanning/alllminutesll 00699 .doc