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HomeMy WebLinkAbout2009 06 03 Public Hearings 500 Ordinance 2009-10 Rezones Two Parcels 9.04 acres North Side of SR 419 West of Wade StreetPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 500 June 3, 2009 Meeting Consent Information Public Hearin X Re ular MGR. !Dept. REQUEST: The Community Development Department requests the Planning & Zoning Board / Local Planning Agency hold a Public Hearing for Ordinance 2009-10, 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." PURPOSE: This is an application for a rezoning to an unrestricted C-2 General Commercial zoning; instead of with the restrictions set forth in Ordinance No.2008-11, which was approved by the Commision on second reading on September 8, 2008. APPLICABLE ZONING AND FUTURE LAND USE DESIGNATION: Zoning: C-l, Neighborhood Commercial FLU designation: Commercial 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. (e) In approving a change in the zoning classification on a lot or pazcel of land, at the request of or with the concurrence of the owner of said lot or pazcel, the city commission may 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. Such restrictions may include one or more of the following: (1) Use restrictions greater than those otherwise specified for that particular district; (2) Density restrictions greater than those otherwise specified for the particulaz district; (3) Setbacks greater than those otherwise specified for the particulaz district, including setbacks from lakes and major arterial roadways; June 3, 2009 PUBLIC HEARING AGENDA ITEM 500 (4) Height limits more restrictive than otherwise permitted in the district; (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) Minimum floor area greater than otherwise specified for structures in the particular district; (7) Open space requirements greater than otherwise required for property in the particular district; (8) Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (10) Restrictions on any other matters which the city commission is authorized to regulate. Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions 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 subject property in accordance with the procedures prescribed herein. (Ord. No. 2004-49, § 2, 12-13-04) Winter Springs Section 20-57. 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 oftraffic, the segregation ofresidential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. Euclid v Amber Realty Co. , 272 U.S. 365 (1926) (upholding the constitutionality ofthe principles of zoning). Florida Municipal Home Rule Powers Act. CHRONOLOGY: March 2000- Property purchased by Bart & Cynthia Phillips Feb. 23, 2004- City Commission Adoption of Ordinance 2003-32 connecting a scrivener's error to restore the land use to "Commercial" May 14, 2008- Application received requesting the Restrictive C-2 Zoning for use of the property for outdoor and indoor storage of boats and RVs. 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 request for Restrictive C-2 Zoning and voted 3-1 to recommend approval of Ordinance 2008-1 1. June 23, 2008 Commission approved fast reading of Ordinance 2008-10 (amending list of permitted, conditional, and prohibited uses in C-2 General Commercial district) and postponed Ordinance 2008-11). August 11, 2008Commission adopted Ordinance 2008-10 and approved first reading of Ordinance 2008-11. September 8, 2008Commission adopted Ordinance 2008-11, subject to Mr. Phillips executing the attached "Consent to Zoning Restrictions" document. Apri124, 2009 Application received: new application requesting C-2 General Commercial zoning. CONSIDERATIONS: Applicant -Hugh W. Healing, Jr.; 850 Courtland St.; Orlando, Florida 32804; (407) 629-1061; hharling~n,harlinglocklin.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 Street. Legal Description -LEG ALL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS June 3, 2009 PUBLIC HEARING AGENDA ITEM 500 ADDN02PBSPG9 Chronolo~y of Subiect Properly -The property was part of the original property included in the incorporation of Village of North Orlando and since that time has had a C-1 Neighborhood Commercial designation . Existing Land Use -The subject property includes a portion of the Florida Power & Light Company easement and fronts onto SR 419 across from George Street and Deer Song residential areas. The FP&L Easement transverses the City through numerous zoning districts and future land use designations and is generally considered asnon-usable land because of constraints the easement poses. Part of the subject property and/or railway right of way is used for open storage of semi-. trailers and scrap metal (a non-permitted use under `C-1' Zoning) and transfer of metal scrap associated with Mr. Phillips' 419 Metal & Auto Recycling, Inc. business, to rail cars. The properly 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.] Adjacent existing land uses, zoning and FLUM designations include the following: Subject Open storage of semi- C-I (WS) Commercial (WS) Site trailers and scrap metal _ and FP&L Easement North Industrial I-1 (WS) Industrial (WS) _ South 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; Development Trends - The applicant is proposing to use the subject properties for indoor and outdoor storage, and certain imports and exports; the property owner is also proposing some changes to his current 419 Metal & Auto Recycling, Inc. facility. The applicant has applied for the building permit for a wall along the portions of the subj ect site which abut SR 419, and the adj acent school boazd property. No other development proposals aze under review. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (1) Compliance with Procedural Requirements- 'The proposed Rezoning change is in compliance with all procedural requirements established by the city code and other applicable law. Requirements for advertising the land use action have been met. (2) Consistent with The Comprehensive Plan- The property has a Future Land Use (FLU) Map June 3, 2009 PUBLIC HEARING AGENDA ITEM 500 designation of "Commercial" The proposed Rezoning change is consistent with the objectives and policies of the Comprehensive Plan and is also compatible with the adjacent residential uses to the south and will help buffer the residential area from the more intense industrial uses on the north side of the railroad line that are associated with use of the rail line. (3) Consistent with any Master Plan for the property- The property is not part of an approved Master Plan; A proposed development plan was discussed with the City Commission. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change is compatible with the commercial land use pattern established by the City's comprehensive plan. The requested 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. (5) Does Not Create Spot Zoningl= The proposed Restrictive Rezoning does not create a spot zone, which is prohibited by law. The adjoining property to the northeast also has a (Winter Springs) C-2 zoning designation. (6) Does Not Materially Alter the Population Density Pattern- The proposed Restrictive Rezoning change does not materially alter the population density pattern in a manner that would overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure) At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated. (7) Does Not Create Illo ig rally Drawn Zoning District Boundaries- The proposed Rezoning does not result in existing zoning district boundazies that are illogically drawn in relation to the existing conditions on the property and the surrounding azea and the land use pattern established by the City's comprehensive plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- No conditions have changed since the purchase of the property in 2000. The proposed Rezoning is necessary to maximize the development potential of the constrained property while maintaining the existing land use pattern; (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed Restrictive Zoning designation has been determined by evaluating the prevailing chazacter of the azea azound the subj ect property and is consistent and compatible with the surrounding land uses; Commercial use of this property will buffer the residential azea to the south from the more intense industrial uses on the north side of the railroad line that are associated with use of the rail line. Additionally, there appeazs very little or no difference in the traffic generation rates of the C-1 and C-2 permitted uses. Any site plan for either a C-1 or C-2 use must demonstrate adequate traffic capacity on SR 419, which is already a constrained capacity state collector road. Additionally, the Applicant has indicated that if needed, he is willing to demonstrate that the proposed Rezoning will not adversely affect property values in the surrounding area. (11) Not Detrimental to Future Improvement of Adj acent Vacant Property- The intent in the Rezoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses and that will not be a substantial detriment to the future development of vacant adjacent property. (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a granting June 3, 2009 PUBLIC HEARING AGENDA ITEM 500 of special privilege to an individual owner as contrasted with the public welfare. (13) Not out ofScale- The proposed Rezoning change is in scale and compatible with the needs ofthe neighborhood and the City. The property's location adjacent to an industrial corridor will also provide a transition from industrial uses to adjacent commercial and residential uses. (14) Does Not Violate an~City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the City; FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2009- 10, and make a recommendation to the City Commission regarding 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 (Winter Springs). ATTACHMENTS: A- Application for Rezoning B- Noticing in Orlando Sentinel C- Ordinance 2009-10 including Map & Legal Description D- June 23, 2008 Commission Minutes E- August 11, 2008 Commission Minutes F- September 8, 2008 Commission Minutes P&Z /LOCAL PLANNING AGENCY RECOMMENDATION ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT QEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 APPLICATION FOR REZONING - Harting Jr. Hugh W. APPLICANT: Last First Middle MAILING ADDRESS: 850 Courtland Street Orlando FL 32804 City State Zip Code PHONE & EMAIL: 407-269-1061 hharling(rDharlinglocklin.com If Applicant does NOT own the property: Phillips, Bartholomew D. & Cynthia D. PROPERTY OWNER: Last First Middle MAILING ADDRESS: 212 Morton Lane Winter Springs 32708 City State Zip Code PHONE & EMAIL This request is for the property described below: Old Sanford Oviedo Road PROPERTY ADDRESS: 34-20-30-5AW-0000-0340/0330 ER : TAX PARCEL NUMB 9+/- AC SIZE OF PARCEL: Square Feet Acres commercial EXISTING LAND USE: c-1 neighborhood commercial CURRENT ZONING Classification: c-2 General Commercial REQUEST for a CHANGE to City of Winter Springs ZONING Classification: Current FUTURE LAND USE Classification: Commercial Minch 2005 The PLANNING & ZONING BOARD shall be required to review all zoning applications and make a written recommendation to the City Commission. The 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 in the City's Code of Ordinances Chapter 20, Zoning and Chapter 166, Florida Statutes. Generally, rezonings take two (2) to three (3) months. All APPLICANTS shall be afforded minimal due process as required by law, including the right 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 purposes, 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 FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: A copy of the most recent SURVEY of the subject property with Metes and Bounds description. A copy of the LEGAL DESCRIPTION. Q 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. 0 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. 0 Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). D APPLICATION FEES: FEES are as 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 $ 500 Plus $ 25/acre $ (or portion thereof) TOTAL DUE $ 2 rah coos By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. *********s***s****~*****s******s*************************~***********************t***s FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that ~,~he Owner in fee simple of subject lands described within this Application for Signature of Owner Sworn to and subscribed before me this r day of v`t ~ 20 U~'f . Notary Public My Com I~x~}{~~,~,IS M. DOUGHERTY `~! MY COMMISSION k DDRORb::: ' ' t~Y E~IKES: Odaba 22. "Lr! t a , Cn. Personally Known Produced Identification: (Type) ~L i~C- Did take an Oath Did Not take and Oath ******s*~********s***s*~*~*****~:**s****s*s******s**************~*********~****~******~ FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, _ do hereby with my notarized signature allow to represent me in the Rezoning of my property. The property is identified as: Tax Parcel Number(s) Located at and as further identified on the Metes and Bounds description provided with this Application. Signature of Owner(s) Signature of Owner(s) Sworn to and subscribed before me this day of Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath 20 Notary Public My Commission expires: Match 2005 JUSTIFICATION FOR THE REZONING Taken from Winter Springs Code 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 C_it~y~code and law? / /Ff~ ~/IC~ySED C~~~ Zt~'-rn~ ~4G'r5 IBS f~ 7~ila4NS~T~wrFit ~Q-i'~Ey4 l3 E" TcuE'~yl /e ET ~ OG-fit i i.4-ZG~ f}.cI /~ `-7'7~F E- / ~ GYsl-'T/~'4 L- f~ Pjlo~001~^YJ ~-~Gox... g f ~ i K ~- ® 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? LGN+~/J I'l Elf E''~r rJ~ ~U?+t p(:7~ 5' ~t ~a'tC~- Fc72 7/f E sdr3J ~-'T _, ,I CtsLlctvc~2Gr,4-c- • ~ r;1 ,rJi4-t2cEZ, r4-~C'YS ,¢S - - - V r r4 ~t FfGyL /P?2 EW- SC7r.J[2-/1 /ICJ l~~ Te ~9-~- £' /ny~U~~[ of ~- ® Is the proposed rezoning consistent with any master plan applicable to the property? ur+ti 7 ~~f ~.~ 4 c~'K-T~t:.~ C- Z use ~ ~ Is the proposed rezoning contrary to the land use pattern established by the City's -. Comprehensive Plan? ~0 - %FFf ~ ~17r. ~ /cy 7ye. c: c.-~.o u.S~ tS C~r~~ct~#-C 4 :'~j. ~ zoos Substantiate how the proposed rezoning will not create a spot zone (prohibited by law). %HE C- Z Zoyr ~~ q !.r CdXJ%J 7~~ Z Gu< T/f 7~f E ~-~-'~r''r ~c-d!~'C~ G04~(D GlS~ /~,D ?'~f E' EGb~X.~r~~.~4-L ~a2.e/ pa~.S ~~ 9 s,e ¢l`~ ~~ 4 34~. ~ 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? /o -- f-b~5 e?o~ A~-Tc-'Yt- Trap ~")'~ S r'~L ~~fi?YLyIS . ® 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? ~' iP ~c'ZaH r n w /~s' 4~ S ~.t Tex ?' w ~~ G/ Do changed or changing conditions make the proposed rezoning necessary? C-ZC-3S~[J T ~°~" o A~1 TE _~~sCb L1SC3 -~/2~LlLTNC7 / /~J ff' CL~/~ q Gl~ bF off E ~,f?aii0~2ry 0 Will the proposed rezoning seriously reduce light or air to adjacent areas? ~ ~~ s ~ wow ,~uL ~- ;s ,9- c~ca~r~g uo o~ ~~ ~,Ty. 5 March 2005 ® 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 the 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 imp-ro~vement or development of vacant adjacent property. /,w ~ ~rto~-jOSEI~ ~Zo~t /-'! oy ulrG (~ ~IFFE~ ERlS7~rcq ~~SrO~yJ7rfJ [r /~lav~°~ ~y /nom ~~ ~STrdt q ~a~,Gi.d'Tit~I.~i ~- --- ~~C~E ~ s /~ ~ f} c ~~ /~ ~itz:C7? Y T/1-o~oT cYL7T~ - Describe how the proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare? ~~ as /eC~ r~ /-~' Gd/`Sis j t~lT GU 17~~ 'TAE fu7y~eE Gana clsE"- Explain how the proposed rezoning is in scale or compatible with the needs of the neighborhood or the City. ~s ,e~2orr<~ kJ«y~uoul ~7+e. R "GG~n-moo •` ofrT~`f~E~y-~~ I ~I/R4'L?7 ~/1M.C~J_"'fLl /!L~ STS ~iE?~C-~'!'7 ~5~'• ~ 'S'f ~~Y~~~ { '~- L write ~,rayio~ A~ 8 £~ S~crEC-~.r ?~E ~r~r:r~- sc~-rr~ cr- r.,2 g.rq ,qvo T c ~,N~sr2~,~v-~ ~i4,~ ~~ ~rrt.vq . ~ Does the proposed rezoning violate any of the City's applicable land use regulations? /VU G Match 2005 ATTACHMENT B I new _ _ ,. .. TNIIRSD6Y. MAY 21. 2009 BOARD Oh WUrv I r wm- MISSIONERS SEMINOLE COUNTY, FLORIDA ~LOSCI~LL PIANNI~N6 ACFN THE meeting respect dinance. BEST IN S From custon Classes you fL your h CIEAI( OF THE CNICUII (CIRCUIT COURT SI B~ Unde Deps SL5Y85397 521, 0 MORALES of aIR door(s). NOTICE OF ACTION 5/11, 21, 2009 REBY NOTIFlEO thaf IN RE: FORFEITURE OF has been corn- 1998 WHITE RUICK LE SABRE, against you to VIN 1G4Np52K8WH51790G a Claim of Lien AND ~~~ IN U.S. CURRENCY lid Homeowners/ NOTICE OF lium Association FORFEITUNE COMPLAINT nis on the follow- ropertY, IYing and T0: WIWS N. COX situated in SEMI- ~ MINK CT. ountY, Florida, NIgSIMMEE FL 34758 eri-w shsn in Me eam- msris epporlenerd tUerolo ropertY is located at naer CIu6 pr of: R 32785 action has been filed t you and you are re- I to serve a COPY of will be I OL5983833 5111, 21, 2009 for the i n the AD PLACEMENT ~ 21 hrs/dav, 7 dayslwk, 365 daysHr. advertix.orlandosentinel.com ATTACHMENT C ORDINANCE N0.2009-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REPEALING ORDINANCE 2008-11; 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, MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM "C-1 NEIGHBORHOOD COMMERCIAL" TO "C-2 GENERAL COMMERCIAL"; 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 by law; and WHEREAS, the owner of the property subject to this Ordinance ("Property") submitted an application seeking to have the Property rezoned from "C-1 Neighborhood Commercial" to "C-2 General Commercial"; and WHEREAS, on September 8, 2008, the City Commission adopted Ordinance 2008-11, approving the requested rezoning of the Property, and imposed certain conditions of the rezoning approval restricting the various uses of the Property to those enumerated in the Ordinance; and WHEREAS, subsequent to the City Commission's adoption of Ordinance 2008-11, it became clear that the owner of the Property would be unable meet the conditions of the rezoning approval set forth in Ordinance 2008-11; and WHEREAS, given that the owner of the Property still desires to have the Property's zoning designation changed to C-2 General Commercial, in an effort to clarify its intent, the City Commission desires to expressly repeal Ordinance 2008-1 l; and WHEREAS, the Planning and Zoning Board and City staff recommended approval of this Ordinance at the June 3, 2009, Planning and Zoning Board meeting; 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 City of Winter Springs Ordinance 2009-10 Page 1 of 3 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 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. Repeal of Ordinance 2008-11. The City Commission of the City of Winter Springs hereby repeals Ordinance 2008-11. Section 3. 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. Section 4. Official 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. Section 5. 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 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, including, but not limited to Ordinance 2008-11, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. 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. City of Winter Springs Ordinance 2009-10 Page 2 of 3 Section 8. Effective Date. This ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BU5H, 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: City of Winter Springs Ordinance 2009-10 Page 3 of 3 Ordinance No. 2009-10 EXHIBIT A z i Opp SAlVFO '~ ~~ D RD t?UT " OR DI APO `' w` D~HT COMP ----~ EASEMENT ~._ ~~~ G ~ D ~ ~~ ~~~ EJECT LEGAL DESCRIPTION LOT 33 (less East 143.14 Feet), LOT 34, & LOT 35 ENTZMINGER FARMS ADDITION N0.2, PLAT BOOK 5, PAGE 9. --~ ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 8 OF 19 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of 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. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNI5: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department presented this Agenda Item for discussion. Discussion. Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: addressed the City Commission on this project. Much discussion. Discussion followed on Zoning, and cargo storage and containers. Mr. Phillips stated, "I am not looking to bringing in thousands of cargo containers. We're lucky if we have one (1) or two (2} a month." Further discussion continued. Tape 2/Side A Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 9 OF 19 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MS. SAHLSTROM NOTED, "A SMALL COMMERCIAL VEHICLE IS NOT A PROBLEM." MAYOR BUSH ASKED, "WHAT IS A SMALL COMMERCIAL VEHICLE?" MS. SAHLSTROM EXPLAINED, "IT WOULD NEED TO BE DEFINED." MANAGER McLEMORE REMARKED, "I THINK GENERALLY, WE TALKED ABOUT THE DEFINITION IN THE ORDINANCE DIDN'T WE, THAT PREVENTS PEOPLE FROM PARKING TRUCKS IN THEIR NEIGHBORHOODS -THERE ARE SOME DEFINITIONS..." COMMISSIONER KREBS SUGGESTED, "WHAT AREN'T WE ALLOWED TO PARK IN OUR NEIGHBORHOODS - PERHAPS WE SHOULD START THERE." MAYOR BUSH STATED, "GOOD POINT:' CONTINUING, COMMISSIONER BROWN REMARKED, "PERHAPS A BETTER STATEMENT OF THAT MOTION IS THAT WE MOVE THIS TO SECOND READING AND DURING THE MEANTIME, WE MEET WITH MR. PHILLIPS AND FIGURE OUT HOW TO SLICE THIS AND MAKE IT HAPPEN TO WHERE HE IS HAVING TO CONDUCT BUSINESS HE WANTS TO DO ON HIS PROPERTY, GIVEN THE CONSIDERATION THAT HE IS SURROUNDED BY `INDUSTRIAL' ANYWAYS." "I WANT TO AMEND THE MOTION TO REQUIRE A REVIEW BETWEEN MR. PHILLIPS AND STAFF AND DEFINE EXACTLY WHAT WE ARE GOING TO BE DOING IN HERE -AND TO DEFINE ALSO THE WAREHOUSING AND WHAT IS GOING TO BE DONE IN THAT WAREHOUSE FOR STORAGE - AND WILL THAT MEET THE CODE." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 10 OF 19 VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Commissioner Brown suggested that if the Applicant needs further advice, the Applicant can contact the City Commission or come back before them. Mayor Bush added, "I think the sooner the better." PifBLIC HEARINGS 501. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Which Rezones Two (2) Parcels Containing 9.04 Acres, More Ordinance 2008-11, Or Less, Located Adjacent To The North Side Of 5R (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). Mayor Bush asked, "Have a Motion to read by `Title' only?" "SO MOVED:' MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPR[NGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETRJG -JUNE 23, 2008 PAGE 1l OF 19 Attorney Garganese read the Ordinance by "Title" only and suggested that this Ordinance be postponed in that, "This Ordinance if it's approved, it's a restricted Rezoning Ordinance, will actually incorporate into this Ordinance the exact `Use' that you define in the previous Ordinance that you have been wrestling with." "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS UNTIL IMMEDIATELY FOLLOWING THE ADOPTION OF ITEM `500' AS AMENDED, PER THE OUTCOME OF THE WORKSHOP THAT WE WILL HAVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush called a Recess at 6:54 p. m. The Regular Meeting reconvened at 7: OS p. m. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Consider Adoption Of An Interlocal Agreement Providing For The Consolidation Of The Winter Springs And Seminole County Fire Departments Under The Authority Of Seminole County As Provided In The Terms And Conditions Of The Interlocal Agreement. Commissioner McGinnis stated, "There are a couple of Staff people that are not being absorbed." Commissioner McGinnis added, "I would like to think that we will make accommodations." Mayor Bush noted, "There are a couple of issues that were brought up. Mr. Matisak brought one up too that needs to be discussed, but it is not part of the Agreement." Discussion followed regarding signage related to "Winter Springs" being placed on Fire vehicles. ATTACHMENT E CITY OF WINTERSPRMGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST l I, 2008 PAGE 19 OF 30 COMMISSIONER MILLER ADDED, "IF THE CHAMBER COMES UP WITH A LESS AMOUNT, THE CITY MANAGER WOULD LOOK FOR ALTERNATIVES THAT WOULD FILL THAT GAP." COMMISSIONER McGINNIS INQUIRED, "WHY WOULDN'T THE HIGHLAND GAMES COME UP WITH OPTIONS?" COMMISSIONER MILLER ADDED, "THAT IS AN OPTION, COMMISSIONER." MANAGER McLEMORE ADDED, "THAT'S PART OF THE NEGOTIATIONS." COMMISIONER MILLER THEN SAID, "HE WOULD TALK TO WHOEVER HE NEEDS TO TALK TO:' COMMISSIONER BROWN ASKED MANAGER McLEMORE, "WHEN YOU COME BACK, I WONDER IF THERE WOULDN'T BE SOME -TRYING TO PUT TOGETHER ALONG WITH THE CHAMBER, A SPONSORSHIP COMMITTEE, MAYBE SOMEBODY FROM CITY STAFF TO WORK WITH SOMEBODY AT THE CHAMBER..." MANAGER McLEMORE STATED, "...SURE..." COMMISSIONER BROWN CONTINUED, "...TO ACTUALLY GO OUT AND START SOLICITING SPONSORSHIPS JOINTLY TO SEE WHAT WE CAN DO TO DEFRAY THE OVERALL COSTS." Tape 3/Side B VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Commissioner Krebs asked about a Marching Band for Christmas. Mr. Pruitt stated, "I can help you with Christmas by the way - we work with Caroling groups." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager And Office Of The City Attorney And Community Development Department -Planning Division Request That The City Commission Continue The Public Hearing For Adoption Of 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. Mr. Stevenson spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11, 2008 PAGE 20 OF 30 Continuing, Mr. Stevenson stated, "There have been a couple of requests of the Applicant which have been documented at the end of your Agenda Item in a letter from - Mr. Gazganese's office; and I believe there have been some other changes as recently as today. I think you have documentation on those as well in a Memo from the City Manager." Deputy Mayor Gilmore commented that "Mr. (Bart) Phillips and I have had several discussions on this issue." Deputy Mayor Gilmore continued by referencing the Ordinance and stated, "Item (34) -there was a concern in item (34) and Ron (McLemore) has covered this under 20.252 in the attachment to the -Ordinance. The concern there was as it was written, conceivably, you could have ended up with motor homes and trailers and -big tractor trailers and that on any C-2 area, as long as that C-2 azea had a highway and a power line Easement so, we put into that what you see - on the attachment "1" - we put the `railroad track right-of-way'. In other words, it must have a `railroad track right-of-way' to work with this. So, you have to have a `railroad track ri t-of--way', you have to have a power line Easement and you have to have a highway, so that eliminates these things on [State Road] 434 or wherever you have. We then looked at under 20-256. ~ b~ - we had a problem with that because we didn't know where to go and - it just said -tractor-trailer rigs. So, we met and we further defined what atractor-trailer rig was. Atractor-trailer rig is a tractor connected to a trailer or a trailer by itself or a tractor by itself. So, we will have no more than twelve (12) of those units together on site." Deputy Mayor Gilmore said to Mr. Phillips, "You are agreeing with that?" Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: stated, "Yes." Continuing, Deputy Mayor Gilmore remazked, "Then we got into item 20-256. ~ ~, the take home or on repair stuff and we ended up putting that as a 20-256. ~ ~, and what that is we said that we were going to allow the use of -dual-wheel single -rear axle vehicles which will have a trailer on it. Under the original Ordinance, that was limited to - 14,999 pounds. It was pointed out that that is a very light weight." Deputy Mayor Gilmore then explained, "We opened that up with your blessing to 26,000 pound gross weight, that means the trailer and the vehicle and its contents." Deputy Mayor Gilmore noted, "Dump trucks, going back into the original intent was to eliminate things from the neighborhoods that could show up. And it would not be unusual to have a dump truck with a trailer behind it. We have put that in that they could have as many as six (6) of those dump truck trailer units on site. And, we tried to define what that was and that dump truck would be with a spindle hitch on the trailer. I think to take care of any of these you see pulling a small backhoe or something, again, that is limited to 26,000 pounds." CCTY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEET[NG -AUGUST 1 I, 2008 PAGE 2l OF 30 Additionally, Deputy Mayor Gilmore stated, "We have to move some numbers in here yet Ron (McLemore), but you can get to that one later. And again, under 20-256. f~, which limited -him to 14,999 pounds, we opened that up to 26,000 pounds, to be a little bit more realistic in what a -neighborhood contractor could have. And quite frankly, a lot of the boats he is going to store with trailer -boat and trailer could go 10,000 pounds, so I don't think personally that going to 26,000 is pushing the envelope any. And that was about it, we said twelve (12) tractor-trailer rigs, or combinations thereof; dually trucks with a trailer, maximum weight 26,000 pounds, and there were no limits on the number of those that could be in there. You could have six (6) dump trucks and trailer combinations, but no more than six (6). And the weights of all of these items is 26,000 pounds. That is the gross weight vehicle, plus trailer, plus load." Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner McGinnis asked to clazify something - "This 26,000 pounds, that is for any and every vehicle there. Correct?" Deputy Mayor Gilmore responded, "That was what we were intending, yes. It is not going to be on the tractor-trailers, no, or the dumps - it is primarily meant for the neighborhood dually, that is two (2) wheel, single axle rear that has a trailer on it; he may have aback-hoe; he may have a bobcat, something like that. That was the 26,000. The dump trucks and tractor-trailers will be limited by their state law. And again, it is the gross weight, not each individual piece." Mr. Hugh Harling, 850 Courtland Street, Orlando, Florida: remarked, "We appreciate you as a Commission and your Staff working with us and what you have just enumerated works for us. We appreciate your working with us on this. I'd be glad to answer any questions if there are any." Commissioner Miller asked, There is an item here on, I haven't had a chance to cross check it with the - it has to do with the additional of not more than over five (5} cargo or shipping containers - to be stored on the property, is that in addition to the..." Manager McLemore said, "...That remains, that remains." Deputy Mayor Gilmore also said, "That remains. That's not part of the trailers, that's cargo containers stored on site." Furthermore, Deputy Mayor Gilmore noted, "The semi-trailer was the typical semi-trailer on the road. The cargo container and the reference to that was quite frankly, I had concerns day 1, Don Gilmore did, of this looking like a cazgo container yard. So, we had a lot of conversations about those, because we know some of his product is going to come in on cargo containers. It may be on a flat caz, it may be on asemi-trailer, but when it comes in, he will have to off-load that at his warehouse, and he is allowed five (5) of those on site." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 22 OF 30 With further comments, Commissioner Miller said, "I am just curious, from the Applicant -could you share with this Commission how you visualize these eighteen- wheelers coming and going on a daily basis - I am just concerned about the impacts on people getting in and out of the Industrial Park." Commissioner Miller added, "How do you visualize your business developing with the eighteen-wheelers?" Mr. Phillips stated, "Well, being pragmatic before of actually renting some property down there for tractor-trailers, they used to come in, pazk, and I wouldn't see them for three (3) weeks. They'd come back, park for a night or two (2) nights, and then pull back out and be gone. That was past, years ago, and in the future, I would think, that it would be the same, if someone just needs to park a truck while they're at home off the road. So, it's not like something is going to be going in and out." Commissioner Miller said to Mr. Phillips, "So, this is not tied to your warehouse - specifically?" Mr. Phillips replied, "No. The containers that will be coming in -we'll be lucky if it's a couple per month in the very beginning." "I MOVE TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. COMMISSIONER KREBS CLARIFIED, "DOES THAT INCLUDE THE TWO (2) ITEMS ON - OUR ATTORNEY'S PAGE THAT MR. PHILLIPS WAS REQUESTING?" COMMISSIONER BROWN REPLIED, "YES." COMMISSIONER MILLER ASKED, "WHAT HAPPENED TO THE TRAIL SECTION? IS THAT STILL INVOLVED HERE?" MR. PHILLIPS RESPONDED, "OH, YES, IT'S STILL GOING FORWARD." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney First Reading Of Ordinance 2008-15, Authorizing The Inclusion Of The City In Seminole County's Fire And Emergency Services Municipal Taxing Unit. Mayor Bush asked, "Can we have a Motion to read by `Title' only?" CITY OF WMTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11, 2008 PAGE 25 OF 30 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER ICREBS: AYE COMMISSIONER McGINNI5: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 503. 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 (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31.(e). Mayor Bush asked, "Do we have a Motion to remove from the Table?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush asked, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "COMMISSIONER KREBS SECONDED IT." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER ICREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST l 1, 2008 PAGE 26 OF 30 Attorney Gazganese read the Ordinance by "Title" stated, "Just to reemphasize that this is a Restrictive Rezoning Ordinance, First Reading. Since the City Commission has passed Ordinance 2008-10 - if the Commission were to approve this on First Reading, beginning on page 2 and finishing on page 3, we would need to make sure that those two (2) - C-2 Permitted Uses are exactly the same as what was approved in Ordinance 2008-10. I think there was a slight modification to the Outdoor Storage Facility Use that's being requested and just to emphasize that the Effective Date is conditioned upon 2008-10 becoming effective, which would be when and if the Mayor executes it." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Miller stated, "The issue that you just raised, City Attorney, does that need to be included in a Motion to Approve this then, that whatever changes you made reference to, in the previous item should be included in this, or will that be taken care of automatically?" Attorney Gazganese responded, "It needs to be included in the Motion, because I think we amended that Outdoor Storage Use very briefly - but, I just want to make sure that if the Commission approves this, that the two (2) Uses that are listed for C-2 mirror what was approved in 2008-10. One other point I need to make is that prior to Second Reading, the Applicant needs to execute a Consent form if the Commission were to approve this Ordinance. They have to Consent in writing because it is a Restrictive Rezoning request and I just want to put that on the Record." Commissioner Miller said, "On page 4 of 11, the third paragraph down, one of the things that we aze negotiating both with the City and Seminole County is the Cross Trail, the thirty-five feet (35') that -you see adjacent to the road there would become part of the Trail system. Is it thirty-five feet (35') now, or still thirty (30)?" Mr. Stevenson noted, "From what we're hearing from the Applicant, it's still thirty (30)." Continuing, Commissioner Miller noted, "I may be wrong, but the -County informed me that the County minimum was thirty-five (35), but they would accept whatever this Commission negotiates, but there is no other thirty foot (30') sections in Seminole County, so this would be below -what the County normally accepts in terms of a Trail, and if it's thirty-five feet (35'), I will support this, but I don't want to support it at thirty (30), sorry". Mr. Stevenson then pointed out, "That's page 4 of 11, that's in the Planning and Zoning Board[/Local Planning Agency] Minutes." CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 27 OF 30 Commissioner Krebs said, "When I had heazd about the thirty-five feet (35'), I just want to tell the Commission that I did in fact contact David Martin from the County and questioned it, because it just seemed like after all this time, now suddenly we're looking at thirty-five feet (35'), and I just didn't understand where the County was in all of this, as far as these discussions. What he told me was a little bit different than what he told you Commissioner Miller. He told me that he needs thirty feet (30'). They asked him what he needed and he gave the answer of thirty feet (30'). And I asked him, where did the thirty-five feet (35') come from, and he told me, well, it came from above -somewhere above. And I said okay - and I said, "`Who?' And he said it came from Commissioner [Bob] Dallari. And, he said that you had called Commissioner Dallari, and actually I even called Commissioner Dallari, and that Commissioner Dallari was unaware that - we were actually in the Third Reading, and he also told me that -David Martin told me that the thirty feet (30') was what he needed. Yes, he would like to have thirty-five (35), he'd like to have forty (40); but, the thirty (30) was what he absolutely needed. Now - I understand wanting thirty-five feet (35'), I understand that that would be a way to plant - a place to plant more shrubbery and things like that, but - I don't know if Mr. Phillips is willing to give another five feet (5')." Commissioner Miller said, "If that is the case, then I stand corrected. I was told that there is no Trail in the County that is less than thirty-five feet (35')." Continuing, Commissioner Krebs explained further, "I actually pulled the guidelines that we use, and they talk about - a free zone on either side -and then the actual width of the Trail, and added all of that. All of that would equal twenty feet (20'), so I guess that other on each side, that other seven (7) whatever feet or five feet (5') on each side was just extra. And that free zone is actually the azea where they would have some plantings and things like that." Commissioner Miller stated, "If the County doesn't have a standard, then whatever he wants to give - is fine, so be it." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. STEVENSON ASKED, "CLARIFICATION? MOVE TO SECOND READING?" MAYOR BUSH STATED, "YES, MOVE TO SECOND READING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 1 I, 2008 PAGE 28 OF 30 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE REMAINING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • REGULAR AGENDA REGULAR 604. Office Of The City Clerk Asking If The City Commission Would Like Completed Qualifying Documents And Election Campaign Finance Reports (Prior To And Related To Qualifying) Be Placed On The City's Website At The Conclusion Of This Year's Qualifying Period (For The Upcoming November 4, 2008 Municipal Election). With discussion on this Agenda Item, Commissioner Brown asked, "How soon after the closing of the Financial Reporting period, will they be available on the web?" City Clerk Lorenzo-Luaces, "I have to verify some things; I have to do some Confidentiality checks, so probably within a day or two (2) -they would be done after Qualifying ends; if you are going to include those documents - it will take me a little longer, because there are many more documents, but typically it wouldn't be too long." Commissioner Brown then said, "In the meantime, I know that people usually come in the day of and request them..." Commissioner Brown added, "...Of when the Financial Reports are due -they would still have the ability to do that?" City Clerk Lorenzo-Luaces explained, "We would still not be able to give them the documents until we check certain things -because of the Confidentiality form, we have to go through that on every single thing that somebody requests, so that is going to take a little longer, whether it is by paper or electronic." Commissioner Krebs added, "And this is just after each Report period, correct?" City Clerk Lorenzo-Luaces noted, "That's how we did it before, and I probably should have rephrased the `Recommendation' - it includes everything the way it's written now, it would include everything up to now; there are some Reports already in, it would include the Qualifying documents and I would think you would want it to include everything up to and past the end of the Election." Commissioner Krebs stated, "Absolutely." ~ _ ~ ATTACHMENT F CfrY OF WINTER SPRINGS, FIAR[DA MINUTES CCrY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 18 OF 27 "MOTION TO RECONSIDER." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER IOtEB5: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER MILLER: NAY MOTION CARRIED. "I MOVE THAT WE RECOMMEND OPTION NUMBER `2."' MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "NUMBER `2.' WHICH WOULD BE THE CHAMBER PAYING THE ONE THOUSAND FOURTEEN [DOLLARS] ($1014.00), AND THE CITY PICKING UP THE BALANCE." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: ,AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 503. Community Development Department Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of 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 "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31.(e). Attorney Gazganese read Ordinance Number 2008-11 by "Title" and commented for the Record that, "It would not authorize any other C-2 general commercial uses on the property other that the two (2) that are listed on pages 2 and 3 of the Ordinance, generally being outdoor storage facilities and a single warehouse building not to exceed 27,000 square feet. - _- . . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 19 OF 27 If the Commission approves this Ordinance, there is a contingent Effective Date, it would only be effective once Mr. Phillips, the property owner, executes a `Consent To Zoning Restrictions', which is attachment `E' in the Agenda Package." Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input "portion of the Agenda Item. Commissioner Miller said, "The last proposed Zoning Map dated June 2008 that is up on the board there -the one that was presented to us for May 2008 shows the same two (2) pieces of property as the subject property, but the one for June shows an `x' on that eastern section. I was wondering why the `x' is there?" Ms. Sahlstrom stated, "I guess it's a mistake to have it there. It doesn't mean anything. I don't recall putting it there." Deputy Mayor Gilmore inquired, "Does this at this point require the restrictions we put in it for the types of storage or not?" Attorney Garganese answers, "It does. It includes the two (2) Uses that were approved in the Zoning Ordinance that was adopted by the Commission previously - 2008-10:' "MOVE FOR APPROVAL:' MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Office Of The City Attorney Second Reading And Adoption Of Ordinance 200&16, Which Amends The City Of Winter Springs Code Of Ordinances, To Provide That Where A Municipal Election Results In A Tie Vote The Candidates That Receive An Equal And Highest Number Of Votes Shall Run Again In A Runoff Municipal Election To Be Held No Later Than 60 (Sixty) Days Following The Initial Election. Attorney Garganese read the Ordinance by "Title" only.