HomeMy WebLinkAbout2008 06 04 Public Hearings 501 Ordinance 2008-11 Rezones two ParcelsPLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 501
June 4, 2008
Meeting
Consent
Information
Public Hearin X
Re lar
MGR. /Dept.
REQUEST: The Community Development Department -Planning Division requests the Planning
& 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
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 below in section 20-31(e).
Property owners, Bart & Cynthia Phillips are requesting the Rezoning so they might utilize the
property for outdoor storage of boats and recreational vehicles:
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 parcel of land, at the request of or with the
concurrence of the owner of said lot or parcel, 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 particular district;
(3) Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes
and major arterial roadways;
(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;
June 4, 2008
PUBLIC HEARING AGENDA ITEM 501
(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 of traffic, the segregation of residential and business
districts and the convenience and safety of persons and property in any way dependent on city planning and
zoning.
Euclid v. AmberRealty 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 correcting a scrivener's error to restore the
land use to "Commercial"
Mav 14, 2008- Application received requesting the Restrictive C-2 Zoning for use of the property for outdoor
and indoor storage of boats and RVs.
Mav 22, 2008- Public Noticing in Orlando Sentinel of P&Z/L,PA Public Hearing re: Ordinance 2008-11
June 4, 2008- P&Z/LPA to consider the request and make recommendation re: Ordinance 2008-11
CONSIDERATIONS:
Applicant -Hugh W. Harling, Jr.; 850 Courtland St.; Orlando, Florida 32804; (407) 629-1061;
hhazling~a,hazlinglocklin.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
Chronolo~y of Subiect Froperty -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 - T'he 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
June 4, 2008
PUBLIC HEARING AGENDA ITEM 501
scrap associated with Mr. Phillips' 419 Metal cg 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.]
Adjacent existing land uses, zoning and FLUM designations include the following:
Subject Open storage of semi- C-1 (WS) Commercial (WS)
Slte trailers and scrap metal
and FP&L Easement
North Industrial I-I (WS)
_-... _.
_._.
_
_
_
__
_. _ _
.
. Industrial (WS)
SOUth
Single Family .
---
_
.
_
.
.....
..
_
R-I (WS) .__...--.---.---._-__- ry_._--.____--
Moderate Densi
Residential _......_.._._....._ . _ . _. _. _._._.._._...__._..... Residential_(WS)_______.__.__
Esst Access for Layer C-I (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 of boats and RV's. As a separate action, the property owner is also proposing some changes to
his current 419 Metal & Auto Recycling, Inc. facility. No other development proposals are under
review.
Letters/Phone Calls In Favor Or Opposition - Noticing is going out concurrent with this agenda item.
REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
(1) Compliance with Procedural Requirements- The proposed Restrictive Rezoning change is in
compliance with all procedural requirements established by the city code and 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
designation of "Commercial" The proposed Restrictive Rezoning change is consistent with the
objectives and policies of the Comprehensive Plan and is also compatible with the adj acent 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 in
(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;
June 4, 2008
PUBLIC HEARING AGENDA ITEM 501
(5) Does Not Create Spot Zoning_ 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 Illogically 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 area 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 Restrictive 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 Adiacent Areas- The proposed rezoning change will not
seriously reduce light or air to adjacent areas;
(10) Adverse Impact on Surroundin Property Values- The proposed Restrictive Zoning designation
has been determined by evaluating the prevailing character of the azea azound the subject property and
is consistent and compatible with the surrounding land uses; The addition of indoor/outdoor parking
and storage of boats and RVs as a use on 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, the proposed use of the subject property for boat and RV storage will generate
very little traffic and therefore will not further constrain the traffic capacity of 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 Restrictive Rezoning will not adversely affect property
values in the surrounding azea;
(11) Not Detrimental to Future Improvement of Adiacent Vacant Property- The intent in the Rezoning
of the property is to apply a Restrictive zoning classification for the subj ect 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 Restrictive Rezoning does not constitute
a granting of special privilege to an individual owner as contrasted with the public welfare. While
affording additional opportunity for use of the land, the Restrictive Rezoning also subjects the
property to certain use and other restrictions pursuant to section 20-31(e);
(13) Not out of Scale- The proposed Restrictive Rezoning change is in scale and compatible with the
needs of the neighborhood and the City, as the proposed outdoor storage of boats and recreational
vehicles will provide the community with a location to store items they can not store at their respective
residences, whether due to space limitations or through restrictive covenants and deed restrictions.
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~ty Land Use Regulations- The proposed Rezoning does not violate any
applicable land use regulations adopted by the City; The Restrictive Rezoning request is running
concurrently with the City processing an amendment to the C-2 Zoning district.
June 4, 2008
PUBLIC HEARING AGENDA ITEM 501
FINDINGS:
In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included
in Section 20-31 were satisfied.
STAFF RECOMMENDATION:
Staffrecommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2008-
1 hand 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 (City of Winter
Springs) subject to certain use and other restrictions pursuant to section 20-31(e).
TENTATIVE IMPLEMENTATION SCHEDULE:
Mav 22, 2008- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing
June 4.2008- P&Z/LPA to consider the request and make recommendation
June 12.2008- Public Noticing in Orlando Sentinel for 1 S` Reading of Ordinance 2008-10
June 23, 2008 City Commission Public Hearing for 1st Reading of Ordinance
Julv 3, 2008- Public Noticing in Orlando Sentinel for 2nd Reading /Adoption
July 14, 2008 City Commission Public Hearing for 2nd Reading /Adoption of Ordinance
ATTACHMENTS:
A- Application for Rezoning
B- Noticing in Orlando Sentinel, Thursday, May 22, 2008
C- Ordinance 2008-11 including Map & Legal Description
D- Current Zoning Map, May 2008 & Proposed Zoning Map, June 2008
P&Z /LOCAL PLANNING AGENCY RECOMMENDATION:
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434 ~~~~~~~~
WINTER SPRINGS, FL 32708 re+;~:~ ; ^~,.~
407-327-5967 I"'4r=t :I? ~::~`;;
FAX:407-327-6695 G7YUFW1N7Ei2SPRINGS
__ ~~~~ t Parmittinp - Kirsten
APPLICATION FOR REZONING
APPLICANT: Harl ing , Jr . , Hugh W .
t.ut Fiat Middle
MAILING ADDRESS: 850 Court land Street
Orlando, Florida 32804
PHONE&EMAIL; 407y 629-1061 hhar"ling®harlinglock'~in. com
if Applicant does NOT own the property:
PROPF.RTYOWNER: Phillis, Bartholomew D. & Cy nthia D. 419 Metal
Leal fiat Middle
MAILING ADDRESS: 212 Morton Lane & Auto
Recyc 1 ing
Winter Springs, FL. 32708 Center, Inc.
Cqy State Zip Code
PHONE & EMAIL
This request is for the propaty described below;
PROPERTY ADDRESS: Old Sanford/Oviedo Rd.
TAXPARCELNUMBER:34-20-30-5AW-0000-0340 / 0330
S1Z1; OF PARCEL: 9 + / - Acre s
Square Fed Aass
EXISTING LAND USE: Commercial
CURRENTZOMNGCIassifcation: C-1 Nbad Commercial
REQUEST for a CHANGE to City of Winter Springs ZONING Classification: Re t3 t ri ct ive C - 2 Gen .
Current FUTURE LAND USE Classification: Comme rc i a 1 Comme rc i a 1
Mtuch Zt105
The PLANNING 8~ 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
necessity and relevant to ensure compliance with applicable criteria and other applicable provisions of the
Ciry Code and Comprehensive Plan. All format decisions shall be based on competent substantial evidence
and the applicable criteria as set forth in the City's Gode of Ordinances Chapter 20, Zoning and Chapter
166. Florida Statutes.
Gena~ally, rezonings tako two (2) to three (3) months. All APPLICANTS shall be afforded minimal due
process as required by law, including the right to receive notice, tx 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 putpoaes, thry will ncod to insure that a verbatim rocord 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.
TfiE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THI~,~PP (CATION'
^ A copy of the most recent SURVEY of the sub)ect property wiltr Metes and Bounds
description.
^ A copy of the LEGAL DESCRIPTION.
^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND (.AND USE classifications
on the ADJACENT PROPERTY.
^ JUSTIFICATION for the Request based on Code Section 20-31. (See Attachment)
D NAMES and ADDRESSES of each property owner within 150 ft. of each property tine.
^ 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 devoloptnent.
REZONMO, per Applicant
$ 500
Plus $ 25/acre $
(or ponion Iheroo!]
TOTAL Di! E S
r~.Rt, coos
liy submitting this application you hereby Brant temporary right of entry for city officials to enter upon the subject
pmperiy for purposes of evaluating this application.
##i#iiii######ii#i+Y#iK#kikMki#i#ikiikkkikik#k####klk;rt#k##k#krkisi#i#######kiikiikkikk
FOR USE WHEN APPLICANT S OWNER OF THE SUBJECT PROPERTY:
This is to certify th~l art the Owner in fee simple of subject lands described within this Application for
Signature
Swom to and subscribed before me this
~ day of 20~
~~ ,~ ~~
Notary Public
My Commission expires:
K..W~,Qf,.r. .,".*~~~~1 ~r~toe~tu
Personally Known P<.r2~:`.:' ~ . , + .. ••+....!'s_~`
Produced Identification: .~~'~~t"1fr' •' ~i;
"1 t
Did take an Oath ~ ` u
~
~a
Did Not take and Oath %
r ..., '.1~
Atttt~.~t~ItilYttl Y: w. w.. ~. ..~..v .. •Y.t •~~~~
##irt###i#######iiiKYkii######i#iii#iiii #i#iiii#i#iiii##i#i#ikiiiti#iii##iiii########k##
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I, Bartholomew & Cynthia Phillipebywithmynotarizedsignatureallow
Hugh W . Harting, 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 tLrthar id Ito
Owner(s)
Ord/Oviedo Rd.rd\
and Bounds description provided
Sworn to and subscr'~ d bef re me this
~_ day of t. 20~
Personally Known
Produced Identification:
~TYPe)
Did take an Oath
Did Not take and Oath
/~1~'a- s~+'~
otary Public
My Commission expires: .
V1\/\~/~tiPl:Y•:.e+Y+:•v t•. •1'.=[: C: t'. of ll~lt~iR~t~:
,'e;.L •
~~a_::Y~, ~, ' i~
i..... ...a........o.Y........,,.,~......
Mauch 2005
See Attached Justification Statement for the Rezoning
JUSTIFICATION FOR THE REZONING
Taken from Wlnfer Springs Cade of ONinances, Section 20-31.
Address each of the following standards related to the REZONING request. Attach
addlUonal 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 polfaes of the
Comprehensive Pian including, but not limited to, the Future Land Use Map. WIII 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?
~n axis
^ 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
Iilog(cally drawn in relation to existing conditions on the property and the surrounding
area and the land use pattem establ(shed by the City's Comprehensive Plan?
D Do changed or changing conditions make the proposed rezoning necessary?
^ ill the proposed rezoning seriously reduce light or air to adjacent areas?
5
n~r~i, zcas
^ 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 wiH not be a substantial detriment to the future
improvement or development of vacant adjacent property.
^ Describe how the proposed rezoning dcea 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't
G
~Rn zags
JUSTIFICATION STATEMENT
l .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.
K. 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 prepazed, 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-l) 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 4l 9 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/wazehouse 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.
_,
DAVID JcHHgp-A~ CFA, A3A
PROPERTY
AP~RAI5EFF!
S'EFlIMbLE Cr~[tNr"Y FL
! lt~t Ti.. Flaw sT
s,.Kr^oen, it 3277't -1468
407 - A88-7s0(3
2008 WORKING VALUE SUMMARY
GENERAL ~"dam 1 a !Qt r°M#+ed•
Parcel Id: 34-20-30-5AW-0000-0340 Value Method: Market
Owner: PHILLIPS BARTHOLOMEW D 8 Number of Buildings: 0
Own/Addr: CYNTFtIA D Depreciated Bidg Value: $0
Mailing Address: 212 MORTON LN Oeprecfated EXFT Value: $0
City,State,ZipCode: WINTER SPRINGS FL 32708 Land Value (Market): $75,000
Property Address:
Land Value Ag: $0
Facility Name: ,I4iFtAlA$r~t Value; $75,000
Tax District: Wt-WWTER SPRINGS Assessed Value (SOH): $75,000
Exemptions:
Exempt Value: $0
Dor: 10-VAC GENERAL-COMMERCI Taxable Value: $75,000
Tax .Estimator
Pattfti~ility_~ait~tl,~ar
SALES
Deed Date Book Page Amount Vaclimp QualHied 2007 VALUE SUMMARY
WARRANTY DEED 03/2000 03823 Q2g0 $115,000 Vacant No xOQ7 7euc-~i-it AmQUnt; $12
QUIT CLAIM DEED 04/1985 01632 1887 $100 Vacant No 2007 Taxable Value: $750
WARRANTY DEED 01/1974 01016 pt1
3I $5,000 Vacant No DOES NOT INCLUDE NON-AD VALOREM
. ASSESSMENTS
Find Sales within,this 13GR Code
LEGAL DESCRIPTION
LAND
Land Assess Method Frontage Depth Land Units Unit Price Land Value PLATS: Piek•••,
ACREAGE 0 0 7.500 10,000.00 $75,000 LEG ALL LOTS 34 fi 35 ENTZMINGER FARMS
ADDN02PB5PG9
UTE: Assessed values shown are NOT ceriiftad values and therefore are subje~cl to change before being finalized for ad valorem
ax purposes.
"" 1/ ou recenll urchased a homesteaded ~ our next ear's 9 rt fax will be based on JusUlNarket value.
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2008 WORKING VALUE SUMMARY
GENERAL "~+~ 1 Mrpact not rofiected.
Value Method: Market
Parse) id: 34-20-30-5AW-0000-0330 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): $15,400
City,State,ZipGode: WINTER SPRINGS FL 32708
hand Value Ag• $0
Property Address: JuttiJA+tarket Value: $15.400
Facility Name: Assessed Value (50H): $15,400
lax District: W1-WINTER SPRINGS Exempt Value: $D
Exemptions: Taxable Value: $15,400
Dor: 10-VAC GENERAL-COMMERCI
lrse~x Ettilmatar
Pt~!`t#Ikrl1lty #culator
SALES
Deed Date Book Page Amount Vactlmp qualiTied 2007 VALUE SUMMARY
WARRANTY DEED 03/2000 03825 0780 $115,000 Vacant No 2007 Tax,Siil Ams-uM: $2
QUIT CLAIM DEED 04/1985 01832 1587 $100 Vacant No 2007 Taxable Value: $154
000 Vacant Yes
WARRANTY DEED 0111974 01p18 0832 $5 DOES NOT INCLUDE NON-AD VALOREM
, ASSESSMENTS
Find Sales within tins DOR Code
LEGAL DESCRIPTION
LAND PLATS: Pick... ?~.
Land Assess Method Frontage Depth Land Units Unit Price Land Value
A~.REAGE 0 0 1.540 10,000.00 $15,400 LEG LOT 33 (LESS E 143.14 FT) ENTZMINGER
FARMS ADD NO 2 PB 5 PG 9
NOTE: Assessed values shown are NOT certilred values and therefore ere subject to change before being finalized for ad valorem
a> purposes.
"' !f ou recent/ urchased a homesteaded ro ert our next ear's ro tax will be based on Just/Market value.
CITY OF WINTER SPRINGS
KIVA INFORMATION SYSTEMS
REPORT: bprp05
F1PN .................
DATE ................
PERMIT ..............
PROP. DEVELOPMENT.,:
KIVA REPORTING SYSTEM
FEE LISTING
3420305AW00000340
14-MAY-OS
RE20 2008401
MISCELLANEOUS
SITE 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
-'C'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
COPYRIG3T KIVA 1997 - 2008
REVISION: 8.2
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ATTACHMENT B
F4 Orlando Senl
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nexed is:
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ATTACHMENT C
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 by law; 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
City of Winter Springs
Ordinance No. 2008-11
Page 1 of 4
WHEREAS, the Planning and Zoning Board and City staff recommended approval of this
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. Restrictions 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:
Outdoor storage facility specifically designed for the parking and storage of automobiles,
boats, boat trailers, watercraft, motorhomes, travel trailers, equine trailers, and recreational
City of Winter Springs
Ordinance No. 2008-11
Page 2 of 4
vehicles, provided said storage occurs on real property located adjacent to a state collector
road and underneath electric transmission lines. In addition, indoor storage of the same in
a warehouse building not to exceed 17,500 square feet and thirty-five (35) feet in height,
provided the warehouse building is located adjacent to a functional railroad line.
Said uses shall be subjeZ;t to all other applicable provisions of the City Code. Any other use
of the Property shall be prohibited.
B. Restrictions to run with 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. 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. 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 No. 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 No. 2008- l 1
Page 4 of 4
Ordinance 2008-11
EXHIBIT A
~ Z
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~ ~, OtD SANFO = .
,~' ODD RD
~ ~ v OCD SAMFOF
` -~
LORIDA POWE ~~ ~'~''---t---.~~
AAND~HTCOMPgNy ~" SUBJECT
-----___ _~EASEMENT ~
( +~.~
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_ , t.
1r...
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
Existing ZONING
May 2008
0 230 460 920 Feet
Source: Seminole County GIS, City of Winter Springs, May 2008 N
Proposed ZONING
June 2008
M-1
~~~~~~~~~ s~.~3~
0 230 460 920 Feet
Source: Seminole County GIS, City of Winter Springs, May 2008 N