HomeMy WebLinkAbout1975 06 09 Regular
. - '.- .0 .09;';.A1 ~-./'r'v
'L ~ \tJls~ ~"- L,
o /}'D' bJ1. .~" NEWMAN D. BROCK
. ./'&/ J ~ , /I 'ATTORNEY AND COUNSELOR AT LAw
C 11if':, ,~jiJ "ifiJ1 <1\ \ <<lIft EAST SEMORA.N Bom.EVAJlD
U {~~ ALTAMONTE SPRINOS. FLORIDA 32701
"pn SeITH 207 ~/
j ~IJ'MO~v~ -
~
TJl us PH ONE
f30~) 830-0808
I
l
Nay 30, 1975
r
Ms. Sharon Patrick, Acting Chairman
Planning & Zoning Board
City of Winter Springs
102 North Moss Road
Winter Springs~ Florida 32707
Re: Letter of May 2, 1975, addressed
to City Council requesting legal
research on fourteen (14) qu~stionable
areas regarding annexation and zoning
Dear Ms. Patrick:
Pursuant to the above-referenced letter, an ad hoc committee
consisting of Honorable Ernest Hendrix, Honorable Irwin
Hunter, and myself, was formed to research the fourteen (14)
questionable areas existing in annexation and zoning. Along
with the kind assistance from Mr. John Dw~er, Seminole County
Land Development Office, and the aforementioned members of the
committee, I am pleased to answer each of the particular
questions in the ~ollowing manner:
(1) and (2)
ISSUE: vfuat is the location of the City
limits relative to the western border of
Lot No. l23?
DECISION: In order to answer this
question, conjunctive consideration must
also be directed to Lot No. 115 because
r
\
f'
,'"
{\
Ms. Sharon Patrick
Page -2-
May 30, 1975
I
I
they are contiguous lots and present
the same issue. Lots No. 115 and 123
were 'not described in the Special Act
incorpor~ting the Village of ~orth
Orlando. Ordinance No. 1 (1959) set
forth the legal description'of the entire
lots and, then, again in the Special Act
in~orporatingthe City of Winter Springs
the respective lots ~ere again described.
r
It would appear. that the present zoning
map does not show the City limits going
as far westerly on the aforesaid two (2)
lots as they should. After contacting the
City Attorney for Casselberry, Florida, a
survey has been requested by th~t .City in
order to obtain an accurate measurement of
boundaries. There is apparently little
doubt but v,7hat all of Lots No. 115 and 123
are within the City limits; however, you
will need to await the survey to determine
how far westerly they both extend.
(3)
ISSUE: Are Lots No. 12, 17 and 18 of the
Oak Grove Park within the City limits?
DECISION: These Lots are properly annexed
into City of Winter Springs. The Seminole
County Tax Assessor considers them to be in
the City, and the County will change their
maps to evidence said lots as being within
the City.
(4)
ISSUE: Is the Railroad Avenue property in
Gardena Farms within the City limits?
DECISION: No, Ordinance No. 64 excludes the
Railroad Avenue property in Gardena Farms
from the City limits.
r
\
I""""
'"'
{\
Ms. Sharon Patrick
Page -3-
l-1ay 30, 1975
. J
(5)
ISSUE: Is the tract lying south of Lombardy
east of David Street and north of Buttonwood
within the City limits?
DECISION: Yes, Lot 55, Block D, was included
as an entire lot in the Special Act incorpor-
ating the City of Winter Sprines, Florida,
and the tract in question lies within said
lot. .
(6)
ISSUE: Is Lot 7, Block B of Johnson's Poultry
Farm within the City limits?
(7)
DECISION: This lot was annexed into the City
pursuant to Ordinance No. 104 and' would appear
to legally be within the City limits because
of the presumption that an Ordinance is valid
until proven otherwise. The problem with this
paiticular lot would appear to be that it is
contiguous to the Winter Springs Elementary
School, which was annexed in a questionable
manner in 1972, near the time of the enactment
of that Special Act commonly known as the
l!Mooney" bill. The annexation of the lot
under consideration appears to have been
properly annexed in that it met the require-
ments of the "Mooney" bill and, therefore,
....lOuld remain in full force and effect irres-
pective of questionable annexation of Winter
Springs Elementary School property.
ISSUE: Is the south portion of Sunset Drive
and the adj acent area of Tract "A", Section
3 of North~Orlando Ranches due east of Sunset
Drive ~ithin the City limits?
r
r"'.
r"-
~
r"
Ms. Sharon Patrick
Page -4-
Hay 30. 1975
DECISION: This issue is still under con-
sideration and a review of certain deeds
will be necessary before offerine any
further opinion.
(8)
ISSUE: Is that portion of Lot 57. Block
D of D. R. Mitchell's Survey situate north
of S.R. 434 within the City limits?
r
DECISION: No. Ordinance No. 21 does not
show this portion of Lot 57. Block D. . to
be within the City. nor does City Charter
indicate this portion to be in the City.
The Seminole County Tax Assessor shows an
assessment to Casselberry Gardens ~f
property east of the west line.
(9) and (10)
ISSUE: ~fuat is zoning classification of
Lots 1 - 5 and 16 - 21. Block 7. and Lots
1 - 12. Bloc~ 8. of North Orlando Terrace.
Second Addition (Plat Book 12. PP 55 - 57).
and Lots 4. 5. 18 and 19, Block 9 of
North Orlando Terrace. Second Addition
(Plat Book l2. PP 55 - 57)?
DECISION: All of the above-described lots
are shown to be zoned R-IA.
(II)
ISSUE: ~fuat is zoning classification of
Lots 3. 4 and 5, Block 29, of North Orlando
Ranches. 8th Addition?
DECISION: These lots appear to be zoned as
C-l since the official zoning map in effect
upon the date of the Special Act incorporating
the City of Winter Springs, Florida, indicated
them to be C-l.
r
lat....
,;
, .
('
f"
r-..
Ms. Sharon Patrick
Page -S-
Hay 30, 1975
(12)
(13)
r
,
(14)
a
.
.
ISSU~: ~fuat is zoning classification of
Lots 33, 34 and 35 of Entzminger Farms?
DECISIOtl: Ordinance No. 14 annexed Lots
34 and 35 into the City limits and made it
a C-2 zoning district. Lot 33 is still
under consideration.
ISSUE: ~~at is zoning classification of
triangular lot south of Oviedo Farms and
north of S.R. 419?
DECISION: Still under consideration.
ISSUE: '~at is zoning classification of
tract east of Moss Road which includes the
old sewerage treatment plant?
DECISION: ~his issue has been previously
answered; however, it is my opinion that the
area was shown as C-2 on the official zoning
map which was in effect on the date of the
Special Act incorporating the City of Winter
Springs, Florida and, therefore, still
remains that particular zoning classification.
Questions posed by Councilwoman Van Eepoel are answered as
follows:
(15)
r
l...
ISSUE: Was Lot 17, Entzminger Farms Addition
No. 2 properly annexed into the City limits?
DECISION: The aforementioned lot would appear
to not have been properly annexed into the
City in that the Notice of Public Hearing did
o
r
r
"'--
. -
f"
^
Ms. Sharon Patrick
Page -6-
May 30, 1975
(16)
(17)
NDB/rb
a
.
not qccur prior to July 6, 1973.
ISSUE: Was Winter Springs Elementary School
property properly annexed into the City
limits?
DECISION: It would appear that the afore-
said property was not properly annexed in
that the UoL':'...c (J"[ Public Hearing was not
held before July 6, 1973, the effective date
of the "Hooney" bill.
ISSUE: Was Lot 10, less south 155 feet,
Entzminger Farms Addition No, 2 properly
annexed into the City limits? ,.
DECISION: It would appear that the aforesaid
lot was not properly annexed into the City
because the- public hearing was not held until
after July,6, 1973, the effective date of the
"Mooney" bill.
Respectfully submitted,
A~~~
Ne~~an D. Brock, City Attorney
City of Winter Springs, Florida
o
r.
r
.....
r
/~
~
(!fit!! Df QJasstlhttt1!
INCORPORATED 19-40
. .
CASSELBERRY, FLORIDA 32707
OF"F..ICE OF" MAYO.R .
May 29, 1975
.
I
Kenneth W. Mcintosh
. Attorney-at':'La~i
P. O. Box 1330
Sanford, Flori~a 32771
SUBJECT: Lots 115 and 123 in Block D of D. R. Mitchell's
Survey of the Levy Grant
REFERENCE: Your letter of May 19, '1975
Dear Ken:
With regard to the referenced letter and our tel~phone
conversation of May 23, 1975, please be advised that an investi-
.gation of the City of Casselberry's boundary declarations in the
Charter and Ordinance documents has been completed and it is our
finding that the westerly borders of Lots 115 and 123 are common
with the municipal boundaries of the City' of Casselberry.
I trust this information will be helpful to you in
. resolving the boundary question-which has arisen.
Sincerely yours,
CITY OF CASSELBERRY
..:1 ~.
k~
Kenneth H. Ehlers, 'P.E.
C.i ty Eng i neer
KHE/pm
. CF 1179
cc: Honorable Bill B. Grier, Mayor
Newman D. Bro~k, Esquire
r
^
Report of the Recreation Committee Meeting of June 3, 1975
. .
TO: City Councilmen
('
The Recreation Committee met at 7:30 PM on June 3, 1975 at City Hall.
The purpose of the meeting was to finalize a Summer Recreation Program to
operate within a $1500.00 budget.
The program decided upon will provide daily recreation at the City
Park off North Edgemon Avenue five days a week for two ~onths beginning
June 16, 1975, with one person mamaging and operating the program. If
CETA monies are provided the program will be expanded to 'use personnel
available with this money. The program will include team and individual
sports activities, such as basketball, softball, volleyball, table tennis,
shuffleboard, chess, checkers, etc. No tennis equipment will be provided,
however tennis will be included for participants providing their own
equipment. No arts and crafts will be included in the program.
The budgetted $1500.00 was
Salary
FICA
Equipment
allocated as follows:
$1100.00
64.35
335.65
r
The program will be free to school age children of city residents.
Provided they can be accomodated, out-of-city children will be allowed to
participate for a $10.00 per child fee. It must be stated that this is not
a child care operation and children that cannot take care of themselves
cannot participate. All participants will be required to register and theirr
parents requested to sign a liability release form prior to their child's
participation.
The following must be accomplished at the park prior to June 16th (a
work order was ~rocessed to the Public Works Department requesting this work
on June 4, 1975):
Cut grass and police the entire park area.
Clean and repair courts.
Replace pipe on volleyball court.
Repair basketball back boards and goals.
Extend a water pipe to the outside of the building and make into
a water fountain,
Assure bathrooms in building are operable.
Assure power and water utilities are operating.
Also the equipment must be purchased immediately.
Request Council approve this program in order that it may be implemented
on schedule. Full cooperation of elected officials and city employees will
be necessary to get this program ready by its start date, and to keep it
operating for the approved two months.
Respectfu~ly submitted,
r
RECREATION COHMITTEE
Donald Browning
John W. Daniels
Irwin Hunter
.....
f",.
.~
. '-,'
.
~
.
6 June 1975
f'*',
I
PETITION FOR A ZONING CHANGE
We, the undersigned residents of the City of Winter Springs, Florida do
hereby petition the Winter Springs City Council to change by city ordinance
the present zoning classification of the old sewer plant property o'~ed by the
Florida Land Company from commercial to single dwelling zoning and thus eliminate
the nresent "SPOT" zoning of commercial property on ~,1oss Road. This would be
more in keening with the present single dwellings now in the area. (The
nronertv mentioned above is described in the attachen Public Hearing ~otice for
T:'lorida Lands reauest for a change of zoning from commen:ial to multiple dwellings.)
\..r'
ADDRESS
/
//d
//~
~o~
,/
lie
c.-"=/ S,,- ~'.
'\
I
//
//'3
/ /
/
I
{\
/"'\
"
"
N A "tE
ADDRESS
r
'"'
.~
r=i
I
I,
}~-r'-\
\-'~
\1'\
~~
30fo
~, .: J. c2 ~,2.
1J!h7 ":11 ~a;;;zl :L/Jf):r.:~U ~l. ~'~ij;'Z'7~M~/1(
1Jb'1 :.-7 -( v(~l ./ ' ,... ~ 1/ j , J t"--h ~I (, ~1-<-t_<~?-t:~~/' /'/r.
; . Y _ _ _ . / . ~- I O.Y/ L.,
~mq? o/~~</ . 313,_~d (~ ,t4~/ fsM-T, '::j-L
~'J?ckr.." ~/- ~;~ /7/1.-: ,..5/':? . -;:;u...J' 4 ~t-' c~/ i / ~, < j , " .
/
Ii ~ "" T; [L",":';r
:t~~1 -~ ::
QA~ .:/ -(.v' (L
n // ,'i
l.-'"
....,.
,1
! .I
/,
3 \ L. i~., ~L '7' ~<~.L;'
S I ~ L.-L./ l::; '1 A~ ~'"
3 C> 'K ,IV) L(}. V) Kc/
..., I"l \? L/Yl J r:;) /
(,.\).~ ,y ,Q.." . , 5.:/-',......... c.. /-.~
" ~ ~ ",ir/
fA i~/' ~~<AJ~ &.-~
/
'. J. . \ ~'
tt../..L-1'~~~vLl./\ L7 r ( :--t:S1
....", J . L J' -"1 /'
~\
\
~"-c
J "'""".
.
\
'#'
1 ' .
~
I '
/ -\
I
..
The Public Hearing will be held in the City H~ll,
.
Winter Springs, Flor~da, on the 9th day of June, 1975, at
7:30 p.m., or as soon thereafter as possible, at which time
interested parties and citizens for and against the proposed
change of zoning classification will be heard. Said hearing
may be continued from time to time until final action is taken.
THIS NOTICE shall be posted in three (3) public places
within the City of Winter Springs, Florida, at the City Hall
within the said City, and published in The Evening Herald,
a newspaper of general circulation in the City of Winter Springs,
Florida, one time at least 15 days prior to the aforesaid
hearing date. In addition, notice shall be posted in the area
to be considered at least 15 days prior to the date of the public
hearing.
DATED this 15th day of May, 1975.
CITY OF WINTER SPRINGS, FLORIDA
f)? / ,of ---1, _.-
, ./:'} t'. "'.' . '.' '-I / ,
. I t -.... -.. i . ,--- . '." ,
MARY T ': NORTON, - CLERK
NE~n1AN D. BROCK, ESQ.
CITY ATTORNEY
CITY OF WINTER SPRINGS,
FLORIDA
('
\
\1-\
~
1,. 1'\
~
,.
('
~
CITY OF WINTER SPRINGS, FLORIDA
NOTICE OF PUBLIC HEARING
TO WHOH IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the City Council of the City
,
of Winter Springs, Florida, that said City Council will hold a
public hearing:
(a) to consider a request for a change of zoning from
C-2, General Commercial and Industrial, to R-3, Multiple Family
Dwelling, of the following described property presently lying
within the municipal limits of the City of Winter Springs,
Florida, and more fully described as follows, to~wit:
Begin at a point on the Southerly prolongation
of the Easterly right-of-way line of Moss Road
as shown by Plat of North Orlando Second Ad-
dition, as recorded in Plat Book 12, Pages '55,
56 and 57 of the public records of Seminole
County, Florida, said point being 355.0 feet
S 6055'33"E. from the South Right-of-Way line
of Young Road, as shown by said Plat of North
Orlando Second Addition, thence run N.83004'27"
E. 433.81 Feet, thence run N. 34024'27"E.
367.88 Feet to the P.C. of a curve concave
Westerly having a radius of 210.0 Feet and a
central angle of 63020' ,thence continue Northerly
along said curve for a distance of 232.128 Feet
to the P.T. thereof, thence run N.28055'33"W.
330.47 Feet, thence run S.83004'27"W. 590.0
Feet to a point on the Easterly Right-of-Way
line of said Moss Road, said point being 970.599
Feet N.6055'33" W. from the point of beginning.
LESS
Begin at a point on the East Right-of-Way line
of Moss Road, 105.40 feet south of the inter-
section of the South Right-of-Way line of Young
Road according to the Plat of North Orlando,
Second Addition, as recorded in Plat Book 12,
Pages 55, 56 and 57, public records of Seminole
County, Florida; Run thence East 100 feet; thence
South 100 feet; thence West 100 feet to the East
Right-of-Way line of Moss Road; thence North 100
feet to the point of beginning,
and further described as a tract containing approximately 11.5