HomeMy WebLinkAbout2008 07 28 Public Hearing 501 First Reading of Ordinance 2008-11CITY COMMISSION
ITEM 501
July 28, 2008
Meeting
Consent
Information
Public Hearin X
Re ular
GR. ~ /~ /De t.
REQUEST: The Community Development Department -Planning Division requests the City
Commission remove from the Table and hold a Public Hearing for First Reading of Ordinance 2008-
11,which rezones two (2) parcels containing 9.04 acres, more or less, located adjacent to the north side
of SR 419 on the east and west side of Wade Street from "C-1 Neighborhood Commercial" to a "C-2
General Commercial" subject to certain use and other restrictions pursuant to section 20-31(e).
PURPOSE: This is an application for a restrictive rezoning as described sec. 20-31(e). Property
owners, Bart & Cynthia Phillips are requesting the Rezoning so they might be allowed expanded use
of their property.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances).
Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances).
Winter Springs Section 20-26. Intent and purpose.
Winter Springs Section 20-27. City commission authority.
Winter Springs Section 20-28. Due process; Special notice requirements.
Winter Springs Section 20-29. Applications.
Winter Springs Section 20-30. Staff review.
Winter Springs Section 20-31. Rezonings.
Winter Springs Section 20-31(e). Rezonings subject to certain restrictions.
Winter Springs Section 20-57.
Euclid v. Amber Realty Co. , 272 U.S. 365 (1926) (upholding the constitutionality of the principles of zoning).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
1992 - 1994 Subject Property is documented as having a "Commercial" Future Land Use designation.
1994 -current Subject Property is documented as having a "C-1 Neighborhood Commercial" Zoning
designation.
1994 - 2003 Scrivener's mapping error illustrates the Subject Property as having an "Industrial" Future Land
Use designation.
March 2000- Subject Property purchased by Bart & Cynthia Phillips
July 28, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 2 of 6
Fa112003- Planning and Zoning Board Visioning Exercises related to Commercial and Industrial Uses.
Resulted in Amendments to the C-1, C-2 and I-1 Zoning Districts, as well as the establishment
of two new zoning districts, the C-C and C-3 Zoning Districts.
Feb. 23, 2004- City Commission Adoption of Ordinance 2003-32 correcting the scrivener's mapping error to
restore the Future Land Use designation to "Commercial"
May 16, 2006- Code Enforcement Board Action [Case # 04-005642]for Zoning Violations for use of the
subject propert for Open Outdoor Storage and/or Jun and which are not permitted under `C-
1' Zoning (and never have been). Mr. Phillips had previously been before the Code
Enforcement Board in 2004, was found guilty, and the violation had continued to exist.
Therefore, on May 16, 2006, he was fined $18,500. This fine remains unpaid.
Apri14, 2008- City Commission Special Meeting to discuss Bart Phillips' project and how to proceed
May 14, 2008- Application received, requesting the Restrictive C-2 Zoning for use of the property for Outdoor
Storage and Warehousing.
May 22, 2008- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing re: Ordinance 2008-11
June 4, 2008- P&Z/LPA considered the request and voted 3-1 on the motion to recommend approval of
Ordinance 2008-11
June 23, 2008 City Commission Public Hearing for 1st Reading is Tabled until after Commission Action on
Ordinance 2008-10 which would amend the C-21ist of permitted uses.
CONSIDERATIONS:
Applicant -Hugh W. Harling, Jr.; 850 Courtland St.; Orlando, Florida 32804; (407) 629-1061;
hharling(a~harlin~locklin.com on behalf of property owners, Bart & Cynthia Phillips
Owner - Bartholomew D. & Cynthia D. Phillips (since March 2000)
Parcel Numbers - 34-20-30-SAW-0000-0340 (includes lot 34 & 35) & 34-20-30-SAW-0000-0330
Acreage - 9.04 Acres
General Location - No physical address. Located on the north side of SR 419 on both sides of Wade.
Legal Description -LEG ALL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS
ADD NO 2 PB 5 PG 9
Chronology of Subject Property -The property was part of the original property included in the
incorporation of Village of North Orlando. The property has always had a C-1 Neighborhood
Commercial designation. The 9.04-acre property was purchased by Bart & Cynthia Phillips in March
2000 for $115,000.
Existing Land Use -The subject property includes a portion of the Florida Power & Light (FP&L)
right-of--way and fronts onto SR 419 across from George Street and Deer Song residential areas. The
FP&L right-of--way transverses the City through numerous zoning districts and future land use
designations and is generally considered as non-usable land because of constraints the right-of--way
poses. The FP&L Right-of--Way Agreement on this property has been in effect, since 1957.
Part of the subject property along with the CSX Railroad right-of--way continues to be used for
Outdoor Storage ofsemi-trailers and scrap metal (a violation of `C-1' Zoning) and transfer of metal
scrap associated with Mr. Phillips' 419 Metal & Auto Recycling, Inc. business, to rail cars. The
property owners were cited by Code Enforcement (Case # 04-0005642) in May 2006 for violating
Section 20-233, Nonconforming uses (open storage). [Open outdoor storage and/or junkyards are
not permitted under `C-1' Zoning (and never have been). Junkyards were removed from the list of
permitted uses under the "C-2 General Commercial and Industrial" zoning district in 1996 and
therefore, are no longer permitted anywhere in the City, except as anon-conforming use.]
July 28, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 3 of 6
Adjacent existing land uses, zoning and FLUM designations include the following:
Subject Open storage of semi- C-1 (WS) Commercial (WS)
Site trailers and scrap metal
and, FP&LRight-of. Way
North
.............................................................................. Industrial
........................................................................................................................ I-1 (WS)
.........................................................................
..
.
. Industrial (WS)
SOAth
Single Family .
..
.......
.................................
R-1 (WS) ........................................................................................................................
Moderate Density
Residential Residential WS
East Access for Layer C-1 (WS) Public/Semi-Public
Elementary School and (WS)
FP&L Easement
West Light Industrial I-1 (WS) Industrial (WS)
(WS) Winter Springs; (SC) Seminole County;
V~1H ERE ire -2 uses +~urr~ently'?
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Development Trends - The Applicant is proposing to use the subject properties for Outdoor Storage
and Warehousing. Under separate action, the property owner is also proposing some changes to his
current 419 Metal ~ Auto Recycling, Inc. facility. (See minutes from April 4, 2008 Special Meeting.)
Under current review is an Application for the V acating of Ginger Lane and a portion of Old Sanford-
Oviedo Road; a Site Plan Application fora 10-foot high concrete wall (to be located within the Ginger
Laneright-of--way and along the eastern perimeter of Lots 11 and 33, an Application of the Aesthetic
Review of the 10' concrete wall, and an Arbor Application for the removal of trees.
No other development proposals within the vicinity of the subj ect property are currently under review
July 28, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 4 of 6 .
Letters/Phone Calls In Favor Or Opposition -Letters were sent to all property owners within 150' of
the subj ect properties (without regard and a sign on the each of the parcels posted this public hearing.
Two property owners responded and indicated that they are in favor the change of zoning IF it results
in the removing of the industrial uses off of the subject property. Many of the adjacent residential
properties are not occupied by the respective property owner.
REZONING ANALYSIS:
The following summarizes the data and issues which staff is required to analyze in reviewing rezoning
applications:
(1) Compliance with Procedural Requirements- The Code Enforcement Action in 2006 against this
property was due to a Zoning Violation. Prior to granting the Applicant's request for Rezoning, it
would be appropriate for the Commission to require the Applicant to satisfy the $18,500 judgment
against this property, prior to proceeding with the Rezoning.
Sec. 20-31(e) grants the Commission authority to approve a rezoning subject to restrictions provided
such restrictions do not confer any special privilege upon the owner or subject property that would
otherwise be denied by the city's land development regulations in the same zoning district. An
application was received from the Property owner on May 14, 2008 and a Public Hearing before the
Planning and Zoning Board was held on June 4, 2008. Requirements for advertising have been met;
(2) Consistent with The Comprehensive Plan- The property has a Future Land Use (FLU) Map
designation of "Commercial" The proposed Restrictive Rezoning change is consistent with the
objectives and policies of the Comprehensive Plan IF the permitted uses adopted by Ordinance 2008-
l0are Commercial uses; IF the proposed restrictive rezoning results in a less intensive use than what
is currently permitted under the I-1 Light Industrial Zoning District; and IF the land use is compatible
with the residential and maintains a transition from the industrial to the residential.
(3) Consistent with any Master Plan for the property- The property is not part of an Approved Master
Plan; However, the Applicant's proposed development plan was discussed with the City Commission
on Apri14, 2008 at a Special Meeting.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Restrictive Rezoning change is compatible with the commercial land use pattern established by the
City's comprehensive plan. The requested Restrictive Rezoning to "C-2 General Commercial" will
maintain the property as a transitional area between the residential uses to the south and the adjacent
industrial uses to the north IF the proposed restrictive rezoning results in a less intensive use than what
is currently permitted under the I-1 Light Industrial Zoning District;
(5) Does Not Create Spot Zoning- Moskowitz and Lindbloom in their book, "Development
Definitions" define Spot Zoning as "Rezoning of a lot or parcel of land to benefit an owner for a use
incompatible with surrounding land uses and that does not further the comprehensive zoning plan."
The newly adopted list of permitted uses must be compatible with the adjacent uses.
(6) Does Not Materially Alter the Population Density Pattern- The proposed Restrictive Rezoning will
not affect the City's population density pattern, since it does not include any residential units;
However, the proposed development will be required to meet concurrency standards, so that impact on
public facilities and services is accommodated (including traffic impacts to SR 419 which has a
July 28, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 5 of 6
constrained capacity;
(7) Does Not Create Illo ig'cally Drawn Zoning District Boundaries- The proposed Rezoning does not
result in existing zoning district boundaries that are illogically drawn in relation to the existing
conditions on the property and the surrounding area and the land use pattern established by the City's
comprehensive plan; The adjoining property to the northeast also has a (Winter Springs) C-2 zoning
designation;
(8 Changed Conditions Make the Proposed Rezoning Necessary No conditions have changed; The
FP&LRight-of--Way Agreement on this property has been in effect, since 1957; The property was part
of the original property included in the incorporation of Village of North Orlando in 1959; And, the
property has always had a C-1 Neighborhood Commercial designation. Although the property is
highly constrained, these constraints existed on the property when it was purchased in 2000, by Bart &
Cynthia Phillips.
(9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning change will not
reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding PropertyValues- The Applicant has indicated that if needed, he
is willing to demonstrate that the proposed Restrictive Rezoning will not adversely affect property
values in the surrounding area.
(11) Not Detrimental to Future Improvement of Adjacent Vacant Property The intent of the
Restrictive Rezoning is to limit any adverse effects so that the subject propertywill not be a substantial
detriment to the future development of vacant adjacent property.
(12~Does Not Constitutes a Special Privilege- The subject property has distinct development
constraints due to its location underneath an electric transmission line and close proximity to a
functional railroad line; As a result, the proposed Restrictive Rezoning will afford this specific
property additional uses not afforded toother C-2 properties, while also restricting the subject property
in ways not conveyed to other C-2 properties.
(13) Not out of Scale- The proposed Restrictive Rezoning change must be in scale and compatible
with the needs of the neighborhood and the City. The property's location adjacent to an industrial
corridor requires it to provide a needed transition from the industrial uses to adjacent commercial and
residential properties.
(14) Does Not Violate any City Land Use Regulations- The proposed Rezoning is allowed as a
Restrictive Rezoning under Sec. 20-31(e).
FINDINGS:
In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included
in Section 20-31 may not be satisfied depending upon the uses included within Ordinance 2008-10
(which changes the list of permitted uses within the C-2 zoning district).
July 28, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 6 of 6
PLANNING & ZONING BOARD RECOMMENDATION:
At the June 4, 2008 regular meeting of the Planning & Zoning BoardlLPA, the Board voted 3-1 to
recommend approval of Ordinance 2008-11. The dissenting vote was from Martinez. A memo from
him describing the reason for his dissenting vote is included as Attachment C.
STAFF RECOMMENDATION:
Staff recommends that the City Commission remove this Agenda Item from the Table and hold a
Public Hearing for First Reading of Ordinance 2008-11, and consider changing the Zoning
classification on the subject property located on north side of State Road 419 at Wade Street from "C-
1"Neighborhood Commercial (Winter Springs) to "C-2"General Commercial Zoning (City of Winter
Springs) subject to certain use and other restrictions pursuant to section 20-31(e).
ATTACHMENTS:
A- Application for Rezoning
B- Planning and Zoning Board Minutes from June 4, 2008
C- Dissenting Report from Ed Martinez
D- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing (May 22, 2008)
E- Ordinance 2008-11, as Revised
F- Current Zoning Map, May 2008 & Proposed Zoning Map, June 2008
CITY COMMISSION ACTION:
~ 1
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
IIZb STATE ROAD 434 ~~~~~~~~
WINTER SPRINGS, FL 32708 ~;,,.~ rs~~
407-327-5967 E~;=;- l~. f,;;,;.
FAX:407-327-6695 C17YUFVJiNfE12SPRINGS
L`1VD r,~ ' * ~ Parmitting - Kirs!en
APPLICATION FOR REZONING
APPLICANT: Harling, Jr. , Hugh W.
List first Middle
MAILING ADDRESS: 850 Court land Street
Orlando, Florida 32804
City
PFIONE&EMAIL: 407-629-1061 Sla a Zip
hhartling@harlinglocck~in.com
if Applicant does NOT own the property:
PROPERTY OWNER: Phillis, Bartholomew D. & Cynthia D. 419 Metal
Last f=irst Middle
MAILING ADDRESS: 212 Morton Lane & Auto
Recycling
Winter Springs, FL. 32708 Center, Inc.
cuy sure up case
PHONE & EMAIL
This request is for the property described below;
PROPERTY ADDRESS: Old Sanford/Oviedo Rd.
TAX PARCEL NUMBER: 34-20-30-5AW-0000-0340 / 0330
SIZE OF PARCEL: 9 +/- Acres
Square l:ect Acres
EXISTING LAND USE: _Commerc ial
CURRENT ZONING Classification: C-1 Nbad Commercial
REQUEST for a CHANGE to City of Winter Springs ZONING Classification: Restrictive C - 2 Gen .
Current FUTURE LAND USE Classification: Commercial Commercial
Much 2tK15
The PLANNING & ZONING BOARD shall be required to review all zoning applications and make a written
recommendation to the City Commission. Tltc CITY COMMISSION shall render all final decisions
regarding rezonings and may impose reasonable conditions on any approved rezoning to the extent deemed
necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the
City Code and Comprehensive Plan, All formal decisions shall be based on competent substantial evidence
and the applicable criteria as set forth iit the City's Code of Ordinances Chapter 20, Zoning and Chapter
166, Florida Statutes.
Generally, rezonings take two (2) to threw (3) months. All APPLICANTS shall be afforded minimal due
process as required by law, including the iigltt to receive notice, be heard, present evidence, cross-examine
witnesses, and be represented by a duly authorized representative.
APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings,
with respect to any matter considered at the meetings or hearings, they will need a record of the
proceedings and, for such put~toses, they will need to insure that a verbatim record of the proceedings is
made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per
286.0105, Florida Statutes.
THE FOLLO~IIftNG ITEMS ARE TO BE SUPPLIED WITH T~iIS APPLICATION:
^ A copy of the most recent SURVEY of the subject property with Metes and Bounds
description.
^ A copy of the LEGAL DESCRIPTION.
^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY,
^ JUSTIFICATION for the Request based on Code Section 20-31. (See Attachment)
^ NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
^ Notarized AUTHORIZATION of the Owner,
IF the Applicant Is other than the Owner or Attorney for the Owner (see below}.
^ APPLICATION FEES:
FEES areas SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL. SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development,
REZONING, per Applicant S 500 $
Plus $ 25/acre $
(or portion thcroofl
TOTAL DUE
S
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By submitting This application you hereby grant temporary right ofentry for city officials to enter upon the subject
properly for puryoses of evaluating this application.
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FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
Tllis is to certify that 1 arr~the Owner in fee simple of subject lands described within this Application for
Signature
Sworn to and subscribed before me this
day of 20~
Notary Public
My Commission expires:
PcrsonallyKnown R~:~2~;:! ; ~~~~•~~'-~~
Produced Identification: r,~is~r'•:"' ~ ' '~
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Did take an Oath ' •~ )''• -
Did Not take and Oath ~ ~'' "`~'`~~'~ '' "' ~ " ' ~'''~
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FOR USE WHEN APPLICANT 1S NOT OWNER OF THE SUBJECT PROPERTY:
I Bartholomew & Cynthia Philli~~erebywithmynotarizedsignatureallow
Hugh W . Hart ing, Jr . , P . E . to represent me in the Rezoning of my property.
The property is identified as: Tex Parcel Number(s)
Located at 6 0 0 O 1 d S
and as furtlvr idcWif~on
Owner(s)
Oviedo Rd. rd
provided with this App
Sworn to and subscr' d beforo me this
~~L day of C• 20~
Personally Known
Produced Identification:
(TYPe)
Did take an Oath
Did Not take and Oatlt
~~- ~~
otary Public
My Commission ex tres:
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See Attached Justification Statement for the Rezoning
JUSTIFICATION FOR THE REZONING
Taken from Winter Springs Coda of Ordinances, Section 20-31.
Address each of the following standards related to the REZONING request. Attach
additional paper as necessary:
^ Is the proposed rezoning in compliance with all procedural requirements established
by City code and law?
^ Identify how the request is consistent with the objectives and policies of the
Comprehensive Plan Including, but not limited to, the Future Land Use Map. Will the
proposed change have an adverse effect on the Comprehensive Plan?
^ Is the proposed rezoning consistent with any master plan applicable to the
property?
^ Is the proposed rezoning contrary to the land use pattern established by the City's
Comprehensive Plan?
Much 2(Kli
^ Substantiate how the proposed rezoning will not create a spot zone (prohibited by
law).
^ Does the proposed rezoning materially alter the population density pattern in a
manner that will overtax the load on public facilities and services such as schools,
utilities, streets, and other municipal services and infrastructure?
^ Does the proposed rezoning result In existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding
area and the land use pattern established by the City's Comprehensive Plan?
^ Do changed or changing conditions make the proposed rezoning necessary?
^ Witl the proposed rezoning seriously reduce light or air to adjacent areas?
Marty 21105
^ Does the Applicant understand that, IF the City were to be presented with
competent substantial evidence indicating that the property values would be adversely
affected by fhe proposed rezoning, the Applicant would then need to demonstrate that
the proposed rezoning change would not adversely affect property values in the
surrounding area?
^ Describe how the proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adjacent property.
^ Describe how the proposed rezoning does not constitute a grant of special privilege
to an Individual owner as contrasted with the public welfare?
^ Explain how the proposed rezoning Is in scale or compatible with the needs of the
neighborhood or the City.
^ Does the proposed rezoning violate any of the City's applicable land use
regulations?
G
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JUSTIFICATION STATEMENT
1. This rezoning request is running concurrently with the City processing an amendment to the
C-2 zoning district in the Land Development Regulations that will allow for the restrictive C-2
rezone sought in this application, which will allow open storage as a permitted use and relief
from setbacks against the property line adjacent to the existing railroad right-of--way. Upon the
City's processing and approval of the Land Development Regulations amendment, the proposed
rezoning will be in compliance with all procedural requirements established by City code and
law.
2. The request is consistent with the objectives and policies of the Comprehensive Plan and
Future Land Use Map as it is a zoning classification allowed in the Commercial Future Land Use
designation on the subject site, and proposes to provide appropriate transition of land uses from
the Industrial to the north and the residential across State Road 419 to the south. There will be no
adverse effect on the Comprehensive Plan as no section of the Plan nor change in Future Land
use designation is being sought.
3. At this time, there is no master plan applicable to the property. However, as has been provided
in discussions with the City, the requested restrictive rezone is consistent with the future use and
development plans for the property.
4. The proposed rezoning is not contrary to the land use pattern established by the City's
Comprehensive Plan. The established land use pattern already accounts for commercial on the
subject property, no change in the established land use pattern is being requested.
5. The proposed rezoning will not create a spot zone as it is adjacent to existing C-2 designated
property to the northeast, which is the Layer Elementary School property. Further, the C-2
restrictive rezone being sought here provides a natural and intuitive use transition from the
industrial zoning to the north to the residential across State Road 419 on the south.
6. The proposed rezoning does not materially alter the population density pattern in a manner
that will overtax the load on public facilities and services such as schools, utilities, streets, and
other municipal services and infrastructure as it is seeking a rezone consistent with the Future
Land Use designation of the Comprehensive Plan, therefore, impacts for the property have
already been factored into effects on public facilities, services and infrastructure. Further, any
required impact fees, connection fees, and improvements will be met as required by City Code.
7. No, the established land use pattern already accounts for commercial on the subject property,
no change in the established land use pattern is being requested; and the subject property is
adjacent to existing C-2 designated property to the northeast, which is the Layer Elementary
School property. The C-2 restrictive rezone being sought here provides a natural and intuitive
use transition from the industrial zoning to the north to the residential across State Road 419 on
the south.
S. The proposed rezoning is necessary to provide the property owner a manner in which the
property has viable use, while integrating into the existing land use pattern and community
harmoniously.
9. The proposed rezoning will not seriously reduce light or air to adjacent properties. No use is
planned for the property which would do such.
10. Yes, the Applicant is willing and prepared, if needed, to demmonstrate that the proposed
rezoning change would not adversely affect property values in the surrounding area.
11. The proposed rezoning will not be a substantial detriment to the future improvement
or development of vacant adjacent property. Improvements to the subject property are planned to
be contained within the property and not alter transportation impacts on adjacent properties, nor
affect the use of adjacent properties. Enhancements planned for the subject property will likely
be an attribute and positive influence to the future improvement or development of vacant
adjacent property. Vacant adjacent property is limited in the City; with only four vacant parcels,
zoned Indsutrial (I-1) in close proximity to the subject site and range in size from .57 acres to
8.48 acres.
12. The proposed rezoning does not constitute a grant of special privilege to an individual owner
as contrasted with the public welfaze. The C-2 restrictive rezone being sought here provides a
natural and intuitive use transition from the industrial zoning to the north, to the residential
across State Road 419 on the south. The established land use pattern already accounts for
commercial on the subject property, no change in the established land use pattern is being
requested.
13. The proposed rezoning is in scale with and compatible with the needs of the neighborhood of
the City as the open storage/warehouse use proposed provides the community with a location to
store items they can not at their respective residences/businesses, whether due to space
limitations, or through restrictive covenants and deed restrictions. This particulaz location is
positive for the City and neighborhood as it is not located within the Town Center or 434
Corridors, but is located within an industrial corridor and will provide transition from that
industrial to adjacent commercial and residential.
14. The proposed rezoning does not violate any of the City's applicable land use regulations.
MVO CFA. ASA
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2008 WORKING VALUE SUMMARY
Amendment 1 impact not reflected.
GENERAL Value Method: Market
Parcel Id: 34- 20- 30 -5AW- 0000 -0340 Number of Buildings: 0
Owner: PHILLIPS BARTHOLOMEW D & Depreciated Bldg Value: $0
Own/Addr: CYNTHIA D Depreciated EXFT Value: $0
Mailing Address: 212 MORTON LN Land Value (Market): $75,000
City,State,ZipCode: WINTER SPRINGS FL 32708 Land Value Ag: $0
Property Address:
Va(tle: $75,000
Facility Name: Assessed Value (SOH): $75,000
Tax District: W1- WINTER SPRINGS Exempt Value: $0
Exemptions: Taxable Value: $75,000
Dor: 10 -VAC GEN(RAL- COMMERCI Tituattimator
Psallability_Calradater
SALES
Deed Date Book Page Amount Vac/Imp Qualified 2007 VALUE SUMMARY
WARRANTY DEED 03/2000 Ina 090 $115,000 Vacant No 2007 Tax B.tlI..Annewt. 512
QUIT CLAIM DEED 04/1985 01 ,1
17. $100 Vacant No 2007 Taxable Value: $750
WARRANTY DEED 01/1974 QQle Q.12 $5,000 Vacant No DOES NOT INCLUDE NON -AD VALOREM
ASSESSMENTS
Ail _1
LEGAL DESCRIPTION
LAND
Land Assess Method Frontage Depth Land Units Unit Price Land Value PLATS
ACREAGE 0 0 7.500 10,000.00 $75,000 LEG ALL LOTS 34 8 35 ENTZMINGER FARMS
ADD NO2PB5PG9
• TE: Assessed values shown are NOT cart- ed values and theeefore One subject to Change before being finalized for ad valorem
ax purposes.
e" If • u recent) • rchased a homesteaded • • • our next 044 Le,* • rt tax WIN bolk based on Just/Market value.
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2008 1NORi(ING VALUE SUMMARY
Amer�dment 1 Impaci r�at rc�iTected.
GENERAL
Value Method: Market
Parcei id: 34-20-30-5AW-0000 0330 Number ot Buildings: 0
Owner: PHILLIPS BAFtTHOLOMEW D 8 Depreciated Bidg Value: $Q
UwnlAddr: CYNTHIA D Qepreciated EXFT Value: $0
Mailing Address: 212 MORTON LN Land Value (Market): $15,400
City,State,ZipCade: WINTER �PRINGS FL 32708 �and Value Ag: $0
Property Address: ,tust(Nlar€€eYYa(�e: $15,400
Facility Name: qssessed Value (SQH): $15,400
Tax District: W1-WINTER SFRINGS Exempt Value: $0
Exemptions: Taxable Value: $15,400
Dvr. 10-VAC GENERAL-COMMERCI
Tax. Ea�#irr�ator
Pc��tabil�fy_CafcuEatar
SALES
Deed Date eook Page Am�ount Vac/lmp Qualified 2007 VAIUE SUMMARY
WARRANTY DEED 03I2000 Q^�82� Q79S� $115,000 Vacant No ���� ������� ����'��' $�
QUIT CLAIM DEED 04/1985 Q1632 1�97 $100 Vacant No 2007 Taxable Vaiue: $154
WARRANTY DEED 0111974 Q1018 t}�32 $5,000 Vacant Yes DOES NOT INCLUDE NON-AD VALOREM
- ASSESSMENTS
Find Sales within khis �7C?R Code
LEGA� dESCRIPTION
LAND
Lr3nd Assess Method Frontage Depth Land Ui�its Unit Price Land'Y�lue PLATS: �'��-•� "
A�REAGE 0 0 1.540 1�,000.00 $15,400 LEG LOT 33 (LESS E 143.14 FT) ENTZMINGER
FAF2MS ADD NO 2 PB 5 PG 9
NQT�: Assessed values shown are NOT ceRined ialues and there/are are subject to change before being finalized for ad valorem
tax purposes.
"' If ou recent! urchased a homesteaded o ert our next ear's ro ert tax wilf be based on JusbMarket value.
CITY O]! WINTER SPRINGS
KIVA INFORMATION SYSTEMS
REPORT: bprp05
APN .................
DATE ................
PERMIT ..............
PROP. DEVELOPMENT..:
KIVA REPORTING SYSTEM
FEE LISTING
3420305AW00000340
14-MAY-08
>~zo 2ooeaoi
MISCELLANEOUS
:iITE ADDRESS........
SUBDIVISION........: ENTZMINGER FARMS ADD NO 2
OWNER ..............: PHILLIPS BARTHOLOMEW D &
ADDRESS ............: CYNTHIA D
CITY/STATE/ZIP.....: WINTER SPRINGS FL 32708
RUN DATE: 14-MAY-08
UN TIME:03:53:58
-i'AGE: 1 OF 1
FEE CODE ACCOUNT DESCRIPTION QUANTITY FEE AMT TOTAL FEE AMT
ZP REZONE ZONFEE REZONING PETITION 10 $750.00
TOTALS: $750.00
FEES SUBJECT TO CHANGE BASED ON PLANS REVIEW
COPYRIG:3T KIVA 1997 - 2008
REVISION: 8.2
_,.:Y :r ii _~Yi `.F i_ r}i'lti~j= ~''i `_..
_.'.81'i~: ii~~ll talj5
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
JUNE 4, 2008
CALL TO ORDER
The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday,
June 4, 2008 was called to Order at 7:00 p.m. by Chairman Robert L. Heatwole in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairman Robert L. Heatwole, present
Vice Chairman Charles Lacey, absent
Board Member Rosanne Karr, present
Board Member Edward Martinez, present
Board Member William H. Poe, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department -Planning Division
Wishes To Provide The Local Planning Agency With Information On Proposed
Legislation By The DCA (Department Of Community Affairs).
Ms. Eloise Sahlstrom, AICP, ALSA, Senior Planner, Community Development
Department spoke about "Hometown Democracy" and distributed an article published on
May 28, 2008.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Requesting Approval Of The May 7, 2008 Regular Meeting Minutes.
Chairman Heatwole stated, "Requesting Approval May 7, 2008 Regular Meeting Minutes
- do we have a Motion to accept those?"
"SO MOVED." MOTION BY BOARD MEMBER KARR. SECONDED BY
BOARD MEMBER POE. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -NNE 4, 2008
PAGE 2 OF 11
VOTE:
BOARD MEMBER KARR: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER MARTINEZ: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
No Report.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department -Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To
Change The List Of Permitted, Conditional And Prohibited Uses In The C-2
General Commercial District.
Ms. Sahlstrom presented this Agenda Item and stated, "It does relate to [Agenda] Item
`501'." Ms. Sahlstrom said, "This ad has been advertised in the Orlando Sentinel for the
LPA [Local Planning Agency] Public Hearing and you are being asked to make a
recommendation to the City Commission regarding this [Agenda] Item tonight.
However, if in the discussion more time is needed additional Public Hearings can be
held."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED M[NUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 3 OF 1 I
Continuing, Ms. Sahlstrom stated, "In closing, Staff found that the revision is in
Compliance with procedural requirements established by the City Code and Florida
Statutes and it is consistent with the Comp[rehensive] Plan. So, therefore, Staff
recommends that the LPA [Local Planning Agency] P And Z [Planning And Zoning]
hold a Public Hearing and recommend to the City Commission Adoption of Ordinance
2008-10 which Amends `C-2' General Commercial Zoning District to allow with
supplemental restrictions indoor and outdoor paved parking and storage of automobiles,
boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and
recreational vehicles under certain unique situations in specific areas of the `C-2 Zoning
District'."
Discussion.
Chairman Heatwole opened the "Public Input" portion of the Agenda Item.
Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke in favor of this
Agenda Item and would like to have recreational vehicles instead of debris on this
property.
Discussion.
Photographs of the property were shown.
Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850
Courtland Street, Orlando, Florida: represents the owner of the property and addressed
the Board Members related to Agenda Items `500' and `501'.
Mr. Harling said, "If it is screened, non hazardous and nobody living there -anything
else with storage, open storage would be allowed. What that does is, this property is
large enough to be broken into a section that would be one hundred percent (100%) set up
for recreational vehicles which would need to be segregated, but it also has a section that
could be set up for work vehicles. The City of Winter Springs has been a leader in
aesthetics within their neighborhood community for years and years and years and as
such there are people who have signs on the side of a panel truck that are not allowed to
park them at home."
Continuing, Mr. Harling stated, "We believe that we could set up a section and we will
work with your Staff on the constraint facility, because that is something that we had not
really looked at in detail either with your Staff and or the [Seminole] County. So, we will
do that, but we feel that work vehicles for plumbers, landscapers, maintenance people,
surveyors; I am an engineer, we have two (2) survey trucks. If I could park them there
and have one (1) guy pick him up and drop him off, it would save and it would work well
I think for the City, because you have a very dynamic work base population in the City
and those people maintaining the quality within the neighborhoods, this would allow
them to go to work, come home and they would be close to City needs also."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 4 OF I l
Next, Mr. Harling said, "There are some business `Uses' that we think would be
appropriate by fleet -you wouldn't have more than two (2) or three (3) vehicles for
anybody in particular, but if you go down here a little bit, the entire school population,
school buses have a fleet right before you ever get around the corner to us on [State
Road] 419, and they certainly roll out every morning, roll in every afternoon and put a lot
of traffic on our roads and system getting to the quality schools again that we have in
Seminole County."
Regarding storage, Mr. Harling said, "Somebody should be allowed to take a vehicle in
there, store it and not necessarily be operable under the definition of operable by the
Department of Motor Vehicles. And again, you don't want those vehicles being stored in
your residential subdivisions, so this gives an option for that. So again, I come back to, I
think if we had non hazardous, screenable and no living on the site, that that would define
what should be allowed to happen in this highly specific area located adjacent to a
railroad track with power lines and a screening system put in place.
One of the things that we are negotiating both with the City and with the [Seminole]
County is a cross trail. The thirty five feet (35') that you see adjacent to the road there,
would become part of the trail system. There would beaten foot (10') wall right behind
the trail system. The trees that are along there would become County controlled as far as
-there are quite afew -black jack oaks and things like that along there and those trees
would become part of the trail system also. Then that section between the wall and the
rail would be the storage area, and if there happens to be anything that is in there at this
point in time that you were talking about, it would be pushed back to the other side of the
railroad tracks. So, I think we may be coming very close to taking care of the problems
that you were alluding to. That pretty well sums up what I believe would be a slight
modification to the Ordinance."
Discussion ensued on Zoning.
Ms. Sahlstrom said, "The `I-1' Zoning District does allow outdoor storage and it does
allow storage of commercial vehicles, any kind of vehicles; work related semi trucks,
anything." Ms. Sahlstrom added, "This change expands the `C-2' Zoning which
currently does not allow any outdoor storage even if it is protected by a wall and brings
that `Use' into the `C-2'. As it stands right now, any of those `Uses' are only allowed in
the `I-1'. So, boats and RV's (recreational) are not allowed in `C-2'. This allows part of
outdoor storage into `C-2' without allowing all of those `Uses' or all of those vehicles
into this `C-2' Zoning."
Discussion.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
addressed the Board Members on the Ordinance and "Uses" allowed.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED M[NUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 5 OF 11
Tape I/Side B
Chairman Heatwole closed the "Public Input "portion of the Agenda Item.
"I WOULD LIKE TO TABLE [AGENDA] ITEM `500' MAKE A
RECOMMENDATION TO TABLE [AGENDA] ITEM `500' AND PROCEED TO
[AGENDA] ITEM `501' AND GIVE US THE OPPORTUNITY TO COME BACK
TO [AGENDA ITEM] `500'." MOTION BY BOARD MEMBER POE.
SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04
Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419
On The East And West Side Of Wade Street From "C-1 Neighborhood
Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other
Restrictions Pursuant To Section 20-31(e).
Ms. Sahlstrom introduced this Agenda Item and said, "In writing this -Staff Report and
included in your Agenda Item is the Application for the Rezoning. In looking at what the
Applicant was requesting, everything that was included was stated in the Application.
So, it was stated for boats and RV (recreation vehicle) storage and that was the direction
Staff understood to be the Applicant's request and therefore, the Staff Report was based
on that.
In looking at a previous discussion at a City Commission Workshop, it was stated boats
and RV (recreation vehicle) storage. So, it wasn't expanded to include work vehicles or
where it could include any of the `Uses' that are associated with the 419 Metal [and
Auto] Recycling [Center], no semi's, it was stated very clearly boats and RV (recreation
vehicle) storage. If the Applicant wants to expand that `Use' it would be my suggestion
and Staff's that they amend their Application and their justification and do so formally
with the Application that we are reviewing tonight for this [Agenda] Item `501'."
Discussion.
Photographs of the property were shown.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -NNE 4, 2008
PAGE 6 OF I 1
Referencing Agenda Item `SO1' under Rezoning Analysis number (10), Board Member
Edward Martinez, Jr. said, "In order for them to institute the kind of things that the
Attorney was suggesting, you will have to make several changes or they have to
reconsider their Application or Amend their Application and then you would have to
work on it and then it would have to come back to us."
Ms. Sahlstrom said, "That would be my recommendation." Board Member Martinez
stated, "Thank you."
Board Member William Poe said, "The Justification Statement that is with [Agenda Item]
`SO1' was written by the Applicant?" Ms. Sahlstrom said, "Yes, that was written by the
Applicant."
Board Member Poe read the Justification Statement number ` 1' and said, "I don't see
RV's recreational vehicles mentioned anywhere in there, so my question goes back to I
don't see the Applicant asking for RV (recreation vehicle) and boat storage. I am seeing
him ask for `open storage'."
Discussion.
Ms. Sahlstrom stated, "It does talk about [Justification Statement] ` 13' about storage, but
it does say businesses there. You are correct on that. And actually there might be an
error in the Justification part, but I do know that in the Workshop Minutes [City
Commission Special Minutes, April 4, 2008], it simply said boats and RV's (recreational)
but I don't have that included here for you."
Mr. Stevenson clarified `Open Storage' and `Closed Storage'.
Board Member Martinez discussed "Justification Statement" number 12.
Chairman Heatwole opened the "Public Input" portion of the Agenda Item.
Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin c~ Associates, Inc., 850
Courtland Street, Orlando, Florida: addressed the Board Members and said, "One of the
things that we did specifically put in the Request was that it be `Open Space' and again
we try to keep things simple. The fact there is a railroad track, the fact that the
powerlines are there, the fact that we are working with the [Seminole] County to put the
trail through there and the fact that we want to screen it, so then what we want to do is
protect what is behind the screen and also have an aesthetic view from the road."
Photographs of the property were shown.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 7 OF 11
Continuing, Mr. Harling said, "This is what the entrance would look like at Wade
[Street]. There would be -large landscape palms, it would be -the wall would be ten
feet (10') tall brought around the corner and then this is what the wall would look like.
The intent is to on three foot (3') centers to plant a ficus type vine that grows, put an
irrigation system in that would be a low water use microjet type water system, grow a
green screen along there. Two (2) things happen. You buffer sound with that and also
with the wall itself you have a major structural element there to separate yourself from
the trail and then the trail goes across the road and then you are at your residence. So,
everything would be pushed further to the north that you were discussing before and in
addition to that, you will have a ten foot (10') wall with landscaping green on it and a
good landscaped entrance coming into it."
Mr. Harling added, "Your Staff has been very, very kind and met with us many times.
And in those discussions and some of the meetings that we had with them, we did discuss
recreational vehicles, we also discussed containers, we also discussed that there should
not be anything allowed behind that wall that was greater than thirteen feet (13') tall so
that you do have the screening effect that takes place. All of those things are things that
we have committed to. We continue to be committed to and we think that by doing this
you are going to win a trail system, you are going to win a buffering system and a sound
proofing system and a screening system from this totally from (State Road) 419 you are
going to improve the entrance off the existing road system and we would just respectfully
request that you move us forward with the Zoning and also that you go back and revise
the language that has been presented to you for the -[Agenda Item] `500'."
Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke about Wade Street
and is concerned about traffic. Commented about the intersection and suggested a traffic
light. Mr. Duvall is in favor of this Agenda Item.
Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850
Courtland Street, Orlando, Florida: addressed the Board Members and stated, "We are
donating an additional ten feet (10') on each side of the right-of--way. When we do the
Site Plan, we will be required to bring the road up. The dust and dirt will go away. It
will be an industrial commercial grade road system and then we will be required also to
do any intersection improvements necessary for safe and adequate ingress and egress
from the site, which we will do."
Chairman Heatwole closed the "Public Input "portion of the Agenda Item.
Board Member Martinez discussed `Justification Statement' number `5' and `10'.
CITY OF W[NTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -NNE 4, 2008
PAGE 8 OF 11
Ms. Sahlstrom said, "One concern as I already mentioned that Staff had is that we did not
feel it appropriate that a business would be operated out of the Site. If this Board wants
to expand the `Use' to include utility trailers and small commercial vehicles, I am not
opposed to that, but I would like it to be limited to certain smaller commercial vehicles
not just any commercial vehicle, because I think it is very important that probably in
opposition to what Mr. Harling said, I don't support a general description because then
there is opportunity for misunderstanding misinterpretation. It has been clear from the
Workshop, that the discussion was that this site would not be an expansion of the 419
Metal [and Auto] Recycling [Center] business. It would be a different `Use'. But it
needs to be clear in any language that is adopted that we are providing a new `Use' for
this site that gives economic viability to this property but, it also protects the residents
and acts as a transition `Use' that is not an `Industrial Use'."
Continuing, Ms. Sahlstrom stated, "Staff does not support generalizing this statement to
just say non hazardous screenable and no living on this site. That is too broad to have
any enforcement or to know what that means. But, I would support utility trailers, small
commercial vehicles but not if they are being operated as a business operating out of that
site that would generate daily traffic."
Discussion.
"MAKE A MOTION TO TABLE THIS [AGENDA ITEM] `501' UNTIL WE
COME BACK TO IT AFTER [AGENDA] ITEM `500'." MOTION BY BOARD
MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: AYE
BOARD MEMBER POE: AYE
CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
• • AGENDA NOTE: THE FOLLOWING PUBLIC HEARING WAS
BROUGHT BACK NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS
DOCUMENTED. • •
PUBLIC HEARINGS
500. Community Development Department -Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To
Change The List Of Permitted, Conditional And Prohibited Uses In The C-2
General Commercial District.
Board Member Martinez stated, "We need a Motion to bring this back up."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -NNE 4, 2008
PAGE 9 OF 1 I
"I'LL MAKE THAT MOTION." "MOTION BY BOARD MEMBER KARR.
SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
Discussion.
"I WOULD LIKE TO MAKE THE MOTION THAT WE RECOMMEND BASED
ON OUR PUBLIC HEARING TONIGHT RECOMMEND TO THE CITY
COMMISSION ADOPTION OF ORDINANCE 2008-10 WHICH AMENDS THE
`C-2' GENERAL COMMERCIAL ZONING DISTRICT TO ALLOW INDOOR
AND OUTDOOR PAVED PARKING AND STORAGE OF AUTOMOBILES,
BOATS, BOAT TRAILERS, WATERCRAFTS, MOTORHOMES, TRAVEL
TRAILERS, EQUINE TRAILERS AND RECREATIONAL VEHICLES IN
CERTAIN SPECIFIED AREAS OF THE `C-2' ZONING DISTRICT ALONG
WITH SUPPLEMENTAL RESTRICTIONS." MOTION BY BOARD MEMBER
KARR. SECONDED BY CHAIRMAN HEATWOLE. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: NAY
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER MARTINEZ: NAY
MOTION DID NOT CARRY.
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04
Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419
On The East And West Side Of Wade Street From "C-1 Neighborhood
Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other
Restrictions Pursuant To Section 20-31(e).
Chairman Heatwole stated, "Now, I need a Motion to go back and open [Agenda Item]
`501'."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 10 OF I 1
"I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR.
SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION.
VOTE:
BOARD MEMBER POE: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: NAY
CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
Chairman Heatwole said, "Again, what the Board has been requested is to Motion, if that
is the desire and Approve [Agenda] Item `501'and send it on to the Commission for a
Public Hearing."
Discussion.
"I MAKE THE MOTION WE APPROVE [AGENDA ITEM] `501' AND SEND IT
TO THE CITY COMMISSION WITH OUR RECOMMENDATION FOR
APPROVAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD
MEMBER KARR. DISCUSSION.
VOTE:
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER MARTINEZ: NAY
BOARD MEMBER POE: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Not Used.
In other business, Ms. Sahlstrom clarified that if there is a dissenting Vote that those
Board Members will need to furnish a written statement for the file.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDJLOCAL PLANNING AGENCY
REGULAR MEETING -NNE 4, 2008
PAGE I l OF 11
ADJOURNMENT
Chairman Heatwole adjourned the Regular Meeting at 8:31 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
ROBERT L. HEATWOLE, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were approved at the , 2008 Regular Planning And Zoning Board/Local Planning
Agency Meeting.
ATTACHMENT C
RECEIVED
Hon. Andrea Lorenzo-Luaces
City Clerk
Winter Springs, Fl. 32708
DISSENTING REPORT
Planning & Zoning Board/Local Planning Agency
Regular Scheduled Meeting -June 4, 2008
Item #500 -Ordinance #2008-10
Item #501 -Rezoning of Two Parcels of Land as per above Ordinance
JUN 1 1 1008
C17. OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
~~~ Q
In my opinion item #500 is flawed and written in such a fashion that leaves loopholes for
this or other Commissions to force people to pazk the vehicles in question at this
designated place of business, something that has not been needed in our City during the
20 years of my residence.
I am of the opinion that it does not meet the essential requirements of Section 20-251 of
our Code
It certainly does not promote compatibility to surrounding azeas.
Removing the trees lining the property along CR 4191eaving a barren and stripped area
tends to be less compatible to surrounding areas than at present.
It is my opinion that this issue needs further studies and an ordinance that really takes
into consideration a positive contribution to the City of Winter Springs and provides a
benefit for the residents of our City.
Item #501 - As I understand the package Item #501 was dependent on the favorable
decision of the Board for Item #500. Since Item #500 did not fly I did not feel that voting
aye for Item #501 was a positive vote.
Further more and since I sat through the earlier workshop covering the items in question
it was evident that the applicant, his consultant and engineer had nothing new to offer.
To the contrary they presented the very items presented during the workshop and in my
opinion the Commission was not impressed.
The wall remained the same with some green vines covering up the ugly looking block
cement underneath.
The trees that presently offer a buffer for the neighbors across the street will be gone
making the project much uglier to look at and less aesthetic.
There were no offers of vibrant and beautifying landscaping.
There was not an offer to move the long ugly wall (assimilating a prison wall) back.
The City's request to acquire amuch-needed right of way along the north edge was not
there as well as an offer to correct the failing.
For all of the above and the fact that I simply sensed a need of urgency by the applicant
leading to obviating an in depth study of the project by staff recognizing all the
ramifications involved and the fact that the project at this time does not appeaz to be of a
benefit to the City of Winter Springs and of value to the residents of our City, I voted
against both ems..
z ember -Member - P&Z/LPA -Winter Springs, Fl.
_~
ATTACHMENT D
Le atNo
IUIUC YEE11N0 NOTICE Stolutes, kclionCCN~~1EEBNAAdfry01051. ~ N
T U I~~ifo Tip SFAIg10 UIfTY, FIORIOA COI
pa~~~ ! reofter ae
pracflcable, fha Board of
iun.~ulan.• nren. R..n„ CSE7287N 5rlLOB 1
ousmess os may propenY
come lxrore them.
The pfoplrlY to be de•an•
hexed is:
A palwwl ~ rail hRwsTwkvss~lus~ t/
~er'1'1, A qe !7 EssL Oris
~..elT, ~ierwe. eaulel,p 9~
eetee, eson r ter.
A coFp~~ Of fold Resolution
No. 117, Includirq iM corn•
plate Ie8a1 description by
metes and bo~n~dys Is ov4II-
oble for Intpectlon be~l~n•~
of tpneToftktds of 1heYD~tSlrk~t.
1900 Hotel Plata ~Boukv rd,
Lake Buena Vlsto,.FiorPda.
ADVICE TO TXE 1UIUC: If anY'
person decides to appeal a
OF ACTION
GAANAY
anY aYend ~Vi
fee 0003661 sl
and the Sth da
or 2007 at or
~n_?-~ Dr.. and
or In
h bet
for t
r the
2008
'AL
R (CIVIL COII~RT $EAU`~w~~
• BY:KellyGrubbs
Deputy Clerk
L ~ OLSJ08981
OF ~' E, 15, 72, 2008
rcare for a TAX 0
~ Issued fMreon.
ific0te number
00f Issuance, Ihr
flan of the prop
M names In whl
assessed are as
9e
re
of
i1
art ,lur
I
r, CPA
cewr s, mcruame reaaarrnr• ST~ICTIC~N$ ibU~SUANT °~
requlred~Sluddeiniecomd li oat TO SECTI~N 10.71(a>• ~
` r0 THE PROVI
CERTAIN AS
PLEASE CO • aunty Ompirplllf Seal)
S69BE
• y1 IS ~ p 1001
T
:~
provided by RCID. PROVIDIN FOR HE
REPEAL 0 PRIOR INN o N
URT ADMINIS
AT 115 NORTH •
•
~
1EAIONf WITN DISABIUAEB CONSISTENT ORDINANC•
needln8 aselstance to Dor• E5 AND RESOLUTIONS
tlclpate In anY of theese Dro- SEVERABILITY AND At/ An~
In
pI~
AVENUE SUITE
ANDO, Ft 71p01
ONE ( j
E p
NOTICE IS HERE Y G ~!•
. EN flat NEPTUN~ 1 L~C
teedlnas should contact An- EFFECTIVE DAVE,
I Ih
fh 107) B76
HIN 1 WORKING - the Mider of the follow)
certlfkale has filed
l
pela Roo (107) 11t-1111,
B
hours In advance of tfie OM WEDNFSOAY,.ANE/ 2001
AT AO .Al, f00N
mNtinp.
TH
EAFTEA TM pfq
de
~ YOUR RECEIPT
DOCUMENT IF
HEARING IM- e
cerflRcate for a TA)( D~E~
to be Isswd thereon. he
Certllicota nu
b
=
~
BC ~~ ~E ~( COAIkNf~ T
so
M
OR VOICE IM-
CALL 1.9D0.9S5• m
er and
year of Issuance, the de-
scrlDtlon of the
t
IMrAOYEMENT DNI1111CT TNE~ NTEII~ CRT
A
D
,,ails 11 dot of Aorll,
' proper
y ,
and the homes in whkh I~
w
as assessed are as fol•
111DA
0
CORMBI59 Y17i08 WNITEA 1 ~1'DIA GAROUe:o Ina
l
i~inee..e r,,...... ....
.._..~ _. _ _ .-_._... ..._. ~ ..._ __.__ _. ...._. ~: Ke11Y GfUbl
xxAMIO ested parties between e ry Depury Clei
DE>80/11Wf IITAICT a.m, and ~ p. Monday er
through ridoY of the pe
TTx rwubr meeting of 1M Clty'e Clerk's Offlte, locot- yl, B, 15, 22, 1p
Board of Suwrvlsors of tM ed at 1126.E~st State Road
Harmony Cgqmmunlty De• q1, Winter prinas, Flori• is IRCUIT.CO R
wloprtrent District Is ached- da. For more Information GA Ni
uled to be Mld on TMnsls~ toll (107)) 7!7.1800 s117. Per• FLORIDA A
Me t0 2811 11 8:00 s ra. ssoons with disabl tiles need• iW ~~•~
b~apopf workshop well be Inp assistance toPprorflclpate p
soealo tll~eofiK os Doilbli should ~wnfaetne ~mplays ~ ~TAUnBjT~N_OMi
immediately followMmeotnhe ee Relations Deaartmenf TMRW6N C~f)I
G~eDensl~destin8 at~ve Oaki CanceMpf~~heBmWefinp~ol S•
Orlve, HamwnY. Florida. 107 227-1100, xtenslon
Both meetin8s are open to 76' his Is a pu Ilc hear• (
n/. 1f You declQe 1D appeal GFIITAUDE I
ter WDIk and will be Con• qny recommendation d/ aci• NA
ducted fi accordance with ffldn'mode by the Local ~~EAU t!
the provisions of Florida Plannlnp AaencY with re• O10/1ES ~ C: OA
Law for ecommunltY Devel- spec) to nv matter consid• ~ IUI
opment Dlstrkts. Copks of eyed at ghls 2neetinp, rou
1M agendas (or iMu meal- will need a record of the
Ines maYY be obtained Irom pIoceedlnae, and for such N ~ AAT~I
Severn Trfnt Servlus, 110 .purposes you moYY need to L .i
North UniverNlY Drive, ensure t~rat a veraatlm re•
SuItC 600, Coral SDrln s, Cord o} the proceedln8s Is C M1ANY i 8ppgg
~lor do 7]071, (95QJ53-S~1, made uaon whlcA the op• UEL AT t • CY
pool Is based. Interested AT CONO WIDI
There may be occasions parties are advised that I IMC., and om
when ar mare Supervl• then maY appear at the C airs, tlevlsees,
fore will partldDafe by tek• meetlnY and De heard wllh edltpn, pnd oth~
phone. At the above Iota- respect to the proposed pr• persons ar un
Ilan iMre will tx present a dinancas. sea clolminp by
speaker telephone so thol d under any of
onY Interested ppeerson can SL571677/ S71A8 ~ homed Delend•
attend Ihs meetlnp at the
stave locofion and fM fully
.informM of fM discussions '
Poking place, eI1Mr In per- ` ' ` ~ pE ACTION
son or by tAePlane camnw• IN TM~ CIRCUIT COURT I
nlcaflons. Thhis workshop OF TH NINTH JUDICIAL ~ATES FINAN-
m be continued to a date CIRCU T IN AND FOR OA• ICE, INC.
an~tlme certain to be an• ANBE COISNTY FLO IDA LDNIAL DRIVE
pounced at the workstap. CARE {t0. ~•1717~ ~ FL 3285
An person requlrlnp soe• ~ OMtION' y ~WN ADDRESS
ciol accommodotbns of this 0 fl, BpAifONO Al T1tUtT, URRENT RESI-
meefYinp because of o d1s0• ~ e A~ ~~~ t~0 KNOWN
Dment shoo d csontact mepvaelin ~ ~~~ iF,',", '
Tr~nt Servic•s, 210 North AJAMES NAIA~~t~~00L ANO ~~ ved~tors
un versify Drive, Syylte 100 PlaintiNs, known persons
Coral Sprlnys F-lorlda 5 spouses clolrn•
}7071. 191/) 7S7-S~/1 a1. It0;t WY MI1M~K! r r r• ueen 9u,ah~nne .,,,.w..
n
CPA
pfrolla kall
1008
rprrcarc numl
Ilonl osl tM D
IM names In
assessed are
ATTACHMENT E
ORDINANCE N0.2008-11
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF CERTAIN REAL
PROPERTY TOTALING APPROXIMATELY 9.04 ACRES
MORE OR LESS, GENERALLY LOCATED ADJACENT TO
STATE ROAD 419 AND ON THE EAST AND WEST SIDE OF
WADE STREET AND MORE PARTICULARLY DEPICTED
AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM "C-1 NEIGHBORHOOD COMMERCIAL"
TO °C-2 GENERAL COMMERCIAL" SUBJECT TO CERTAIN
USE AND OTHER RESTRICTIONS PURSUANT TO
SECTION 20-31(e) OF THE CITY CODE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited bylaw; and
WHEREAS, the owner of the Property subject to this Ordinance submitted an application
seeking to have the subject Property rezoned from C-1 Neighborhood Commercial to C-2 General
Commercial; and
WHEREAS, section 20-31 (e) of the City Code provides that the City may approve the
rezoning of property subject to restrictions; provided such restrictions do not confer any special
privilege upon the owners of the Property that would otherwise be denied by the City's land
development regulations in the same zoning district; and
WHEREAS, the Property has distinct development constraints due to its location underneath
an electric transmission line and close proximity to a functional railroad line and provides a distinct
opportunity for economic development because of its close proximity to a functional railroad line
and state collector road; and
WHEREAS, because of these distinct constraints and opportunities, and because the
Property is also located near a school and residential area, the restricted rezoning adopted hereunder
is necessary to balance the legitimate governmental interests of ensuring land use compatibility and
fostering a private owner's reasonable use of land; and
WHEREAS, the Planning and Zoning Board and City staff recommended approval of this
City of Winter Springs
- Ordinance 2008-11
Page 1 of 4
Ordinance at the June 4, 2008, Planning and Zoning Board meeting; and
WHEREAS, the owner of the Property consents to the terms and conditions of this
Ordinance; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby finds the requested zoning change, along with
the use restrictions set forth herein, consistent with the City of Winter Springs Comprehensive Plan
and that sufficient, competent, and substantial evidence supports the zoning change set forth
hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from "C-1 Neighborhood Commercial" to "C-2 General
Commercial" for the property depicted and legally described on Composite Exhibit "A," which is
attached and incorporated herein by this reference ("the Property").
Section 3. Restrictions of Rezoning.
A. Restr~ictio~is imposed. Pursuant to the authority set forth in section 20-31(e) of the
Winter Springs Code of Ordinances, the City Commission hereby restricts the use of the
Property to the following:
(1) All C-1 Neighborhood Commercial uses.
(2) The following C-2 General Commercial uses:
(a) Outdoor storage facility specifically designed for the parking and storage of vehicles,
equipment goods and materials provided said storage occurs on real property located adi acent to a
state collector road and within and adjacent to an electric transmission line right-of-way/easement.
Said facility shall be subtect to the supplemental regulations set forth in section 20-256.
City of Winter Springs
Ordinance 2008-11
Page 2 of 4
(b) A single warehouse buildingLnot to exceed 27,000 square feet andtwenty-five (25) feet in
height, provided the warehouse building is located adjacent to a functional railroad line and used in
conjunction, in whole or in part, with the storage of products that are unloaded from railroad lines for
wholesale or retail sale. No outdoor storage of products and materials shall be permitted unless
expressly authorized by City Code. Said warehouse shall be subi ect to the supplemental reQUlations
set forth in section 20-256.
Said uses shall be subject to all other applicable provisions of the City Code. Any other use
of the Property shall be prohibited.
B. Restrictions to ruff x~it11 the land. The restrictions imposed by this Section shall run
with the land, without regard to transfer of ownership or other interests, and may be removed
only upon further amendment to the zoning classification of the Property and this Ordinance
in accordance with the procedures set forth in the Winter Springs City Code.
C. Off cial zoning maps to be updated. City staff is hereby directed to promptly amend
the City's Official Zoning Map upon the effective date of this Ordinance. Any such
amendment shall reference the use restrictions imposed pursuant to this Section.
Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of this
Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the
Official Records of Seminole County, Florida.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2008-10 as adopted by the City Commission of the City of Winter
Springs, Florida. If Ordinance 2008-10 does not become effective or is declared null and void, then
this Ordinance shall become null and void.
City of Winter Springs
Ordinance 2008-11
Page 3 of 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2008.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date: See Section 7.
City of Winter Springs
Ordinance 2008-11
Page 4 of 4
Ordinance 2008-11
EXHIBIT A
LEGAL DESCRIPTION
LOT 33 (less East 143.14 Feet), LOT 34, & LOT 35
ENTZMINGER FARMS ADDITION N0.2, PLAT BOOK 5, PAGE 9.
ATTACHMENT F
Existing ZONING
May 2008
0 230 460 920 Feet
Source: Seminole County GIS, City of Winter Springs, May 2008 N
Proposed ZONING
June 2008
I-1
~-~ ~ M~1
I M-1
i~
GEND
I-1
. C-1
C-2
. R-3
. R-1
R-1 AA
A-1 (SC)
M-1 (SC)
G2
{ ;:„
i ~ r;~
R3 i;d
~.,' _...r f3l
{i fji
___!il iFT
~.,,~...___ Sublect
r~
~,-1
--
R-C 1
N
A-1
S R'
b3A
0 230 460 920 Feet
Source: Seminole County GIS, City of Winter Springs, May 2008 N
Date: July 28, 2008
The attached document was referenced during
the discussion of Public Hearings "S 00" and
"501" during the July 28, 2008 City
Commission Regular Meeting.
HARLING
LOCKLIN
CONSULTING ENGINEERS • PLANNERS
July 28, 2008
Ronald McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: 417 Storage & Recycling Center; Ordinances 500 & 501
Subject: Request for a Continuance of City Commission Meeting
Dear Mr. McLemore,
My office received the revised ordinance for the Storage and Recycling Center on Friday,
July 25, 2008. I have not had an opportunity to completely review it and would like to
review it and be able to meet with city staff prior to the public hearing.
Please accept this as a request for a two week continuance of ordinances 500 and 501.
Sincere
r 1' ~
~/ ,
Hugh W. Harting, Jr., P.E.
President
850 COURTLAND STREET • ORLANDO, FLORIDA 32804
(407) 629-1061 • FAX: (407) 629-2855 • E-mail: HHarling@IiarlingLocklin.com
Z'd SSBZ-6Z9-LOt+ uit~oo~ 9uzT~eH Wd95~OT 8002 8Z t~f
,Jul ~8 2008 10:56RM Harlins Locklin
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