HomeMy WebLinkAbout1999 12 13 Public Hearings Item H
COMMISSION AGENDA
ITEM H
Consent
Informational
Public Hearing X
Regular
December 13. 1999
Meeting
MGR~Td
Authorizatio~
REQUEST: The Community Development Department - Planning Division requests the
City Commission hold a public hearing for the second reading and adoption of
Ordinance 749 to designate the Elizabeth Morse Foundation property (59.45
acres) R-1A "One Family Dwelling District" on the City's Zoning Map.
PURPOSE:
The City Commission on November 22, 1999 directed staff to re-advertise the second reading
of Ordinance 749 for December 13, 1999 to rezone the Elizabeth Morse Foundation property
from (county) A-lO "Agriculture" to City designation R-1A "One Family Dwelling District".
A second reading of Ordinance 749 designating the property R-lAA was previously scheduled
for April 24, 2000.
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. "
CONSIDERA TIONS:
. The subject property was annexed into the City on September 27, 1999
CDD!December 6, 1999/9:56 AM
DECEMBER 13,1999
PUBLIC HEARING AGENDA ITEM H
PAGE 2
. 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)
. On November 8, 1999, the City Commission held a first reading of Ordinance
749 and scheduled a second reading for April 24, 2000 to consider rezoning the
property R-1AA "One Family Dwelling District".
. On November 22, 1999 the City Commission directed staff to re-advertize the
second reading for December 13, 1999 for reconsideration as R-IA (8,000 sq.
ft. minimum lot size) instead ofR-lAA (10,000 sq. ft. minimum lot size).
FUNDING:
N/A
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning & Zoning Board disagreed with staff recommendation to
recommend to the City Commission rezoning to R-1A and, instead,
voted to approve changing the zoning of the subject property from
county A-1O "Agriculture" (1 DU/1O acres maximum) to City's R-1AA
Zoning 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-10 "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 City Commission
make the following recommendation to the City Commission:
That the City Commission approve the proposed change of zoning from
county A-1O "Agriculture" (1 DU/lO acres maximum) to City's R-IA
CDDlDecernber 6, 1999/9:56 AM
DECEMBER 13, 1999
PUBLIC HEARlNG AGENDA ITEM H
PAGE 3
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-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.
IMPLEMENTATION:
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/December 6, 1999/10:02 AM
)
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-I0
"AGRICULTURE" TO CITY DESIGNATION R-IA "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 health, safety and welfare of the
citizens of Winter Springs, Florida to change the zoning designation from its
present county designation of A-IO "Agriculture" to City designation R-IA "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, THEREFORE, THE CITY OF WINTER SPRJNGS, 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 ill -
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 WlNTER SPRINGS
PAULP.PARTYKA,MAYOR
)
) ATTEST:
ANDREA LORENZO-LUACES
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
)
EXI-IIBIT A
)
LEGAL DESCnll'TION
Lols 1,2,3,4,5, and 6, Section 32, Township 20 Souili, H.ange 31 Easl, ALSO LOLs J, 2, J, 7,
and 8 o[Section 5, Township 21 South. Range 31 cnsl. (J.-css beginning 20 feel E ora.nd 274.1
feet S of the NW comer o[Lot 3, Section 5, run E 366.6 feCI N 060 05' E 507.3 feel, N 000 12' E
321.7 foct~ S 8r 32' W 193 feel, N 040 30' W 269.1 fceL. S 890 04' E 652.1 [ecl, S 89056' E
420 feet, N 241.9 fect to shorc of Lakc Jessup, W'ly along shorc 1,286 feel to the E linc of
Spring Avcnue; S 1,173 feet to beginl1ing), being 91 acres, more or less. All abovc real propcrty
being a part of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book
1, Page 35, Public Rccords of Seminole County, Florida.
ALSO
\
A right ofingrcss and egress over that la-foot strip ofIand adjoining and running along the N'ly
side of a line commencing 20 fed E and 274.1 feet S of the NW corner of Lot 3 of Section 5,
Township 21 South, Range 31 East, run E 366.6 feet illld a right of ingress and egrCss oycr (hat
10-foot strip of land adjoining and running along the W'ly side of line cOnuTIel1cing 366.6 feet 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 appcars in the
plat of Phillip R Young Grant as [ecordc<l in Plat Book 1, Page 35 of the public Records of
Seminole County, Florida..
)
Lps the E 25 fect 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 feel of Lot 3 of said Section 32.
LESS
A part of Lot 1, Section 5, Township 21 South, Range 31 East, and Lots 1, 2,. and 3, Section 32,
Township 20 South, Range 31 East of the Phillip R. Young Granl, according to the plat thcrcof
as recorded in Plat Book 1, Page 35 of the Public Rccords of Seminole County, Florida, being
mOre particularly described as follows:
Commence at the NE COmer of said Section 5: thence run S 880 49' 39" W along the N line of
said Section 5, a distance of.189.88 feel to the NE comer of said Lot 1, Section 5 of the Phillip R.
Young Grant for a point of beginning; U1ence run S 040 42' 40" W along the E line of said Lot I,
Scclion 5, a distance of 665.23 fcet to the SE corncr of said Lot 1, Section 5; thence run S 880
i19' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feet; thence departing
said S line run N 250 45' 00" W, a dist.1.nce of 1,386.79 fcctto a poinl on the E line of the W
25.00 [eet of said Lol2, Section 32; thence run NOlO 17' 12" W along said E line a distance of
408.90 feet to a point on the N line of said Lot 2, Section 32: thencc depaning S<lid E line run S
830 tlT 20" E Dlons said l'i line a disL"lnee of9<19.00 fecllo the NE comer of said L,Ol I, Section
32; Ulcnec run S OtJ" tJ2' tJO" W along the E line of said Lol (. Section 32. a distance of 891.00
)
( )
\
")
)
fec\ \0 \hc point of bcginnin:i.
AND ALSO LESS
Commence at the Nt comer of said Seclion 5 also being the S12 comer of said Scclion 32; Ulcnce
run S 88049' 39" W along the N linc of said Section 5, also being the S line of said Section 32, a
distance of 1,088.05 fcel to a point on the W line of the E 25.00 feet of said Lot 3, Section 32;
thcncc departing the S linc of said Section 5 and the S line of said Section 32, run N 0 I 0 17' 12"
W along said W line, a distance 0[709.22 feet for a point c:-:;eginning; thence departing said W
line run N 250 45' 00',' W a distance of 103.97 feet; thence run S 880 46' 48" W a distance of
69.93 feet to a point on the E line of amended pial of first addition to Mincral Springs, according
to the plat thereof, as recorded in Plat Book 8, Pages 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
feet 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 thc aforesaid W linc of the E
25.00 fect of said Lot 3, Section 32; thcnee departing said N line run S 010 17' 12" E along said
W line a distance of305.58 feet to the point of beginning.
Containing 24.179 acres, more 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 platlhereof, as recorded in
pl<i~Book 1, Page 35 of the Public Records of Seminole County, Florida, being morc particularly
described as follows:
Commc.nc.c at the SW comer of said Section 32; thencc run S 880 49' 39" W along the S line of
said Section 32, a distance of i,038.05 feel to a point on the E line of the W 25.00 feet of said
Lot 2; thence departing said S line run N 010 17' 12" W along said E line a distanee of 599.42
feet for a point of beginning: thencc dcparting said E linc 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 17' 12" W
along said W line a distancc of 305.58 feet to a point on the N line of said Lot 3; thcnce departing
said W line IUD S 830 47' 20" E along lhe N line of said Lot 2 and 3 a distance of 50.43 feet to a
point on the E line of thc W 25.00 fect of said Lot 2; thcuce departing said N line run S 010 17'
12" E along said E line a distance of i108.90 feel to the point ofbcginning.
Containing 17,882 sqlUJC feet, more or less.
ELIZABET'Il {\101<SE l;'OlJNDA"J'JON PHOPElZTY
TO BE REZONED
I.'
@
@---
t.( ()4
(
'.
)
I.'
t.e t:
'I
11
\I II
tt. .
f'.'
.1.1
- 11 C!..J
II
-
II
(
lJ
n.f
"
II
II.'
I
.~. 0'0 ....__. _.._. __.." _ .....______. .
...-------
I'
II
I~...
"
'f.'
/
( c .
r
,
I." 'I.. ...,
"
,
..... - ~
.. ~
It.'
II.' - C::-.:
.~-
G
1'.(
= ~-::
'_,1
,.
')
CITY OF WINTER SP]UNGS
MINUTES
PLANNING AND ZONING BOARDILPA
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 Prcscnt
Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
Approval Of the Septcmber 1, 1999 Planning And Zoning BoardILocal
Planning Agency Mecting Minutcs
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 AGENDA
A. Elizabeth Morse Foundation Rezoning [ REZ-4-99 I
)
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-]A "One Fami]y
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 BOAIWfU'A
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
DUIlO 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/lO 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 AI-lEAD AND SECOND THAT CONTINGENT ON
SPECIFIC FINDINGS AS OUTLINED IN THE STAFF REPORT IN FRONT OF
o
')
)
)
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/U'A
REGULAR MEETING - OCTOBER 6,1999
Page 3 of 4
US UNDER ROMAN NUMERAL HEADING THREE, FOUR SI>ECIFIC
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 T ABLE 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 DU/I0 ACRES MAXIMUM) TO THE CITY'S R-lAA
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 48110 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 WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LPA
REGULAR MEETING - OCTOOER 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 BoardlLPA Meeting.
DOCSlboards/pl ann ingfalllm inules/l 00699.doc
------