HomeMy WebLinkAbout2008 12 03 Public Hearings 501 Ordinance 2008-22 Rezones 3.136 acres at 300 West SR 434 (Adjacent to Barrington Estates)PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 501
December 3, 2008
Meeting .
Consent
Information
Public Hearin X
Re ular
REQUEST: The Community Development Department -Planning Division requests the Planning
& Zoning Board hold a Public Hearing related to Ordinance 2008-22 which rezones 3.136 acres more
or less, located at 300 West SR 434 (adjacent to Barrington Estates), from "A-1" Agricultural
(Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs).
PURPOSE: To consider the request of Metro Church of Christ (regarding the property formerly
owned by South Seminole Christian Church) at 300 West SR (adjacent to Barrington Estates) for
Rezoning to "C-1 Neighborhood Commercial".
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions).
Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption).
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.
(a) Any real property owner may file a rezoning application requesting a change in zoning designation for their
real property.
(b) The planning and zoning board shall be required to review all rezoning applications and make a written
recommendation to the city commission. Such recommendation shall include the reasons for the
board's recommendation and show the boadd has considered the applicable rezoning criteria set forth in this
section.
(c) Upon receipt of the planning and zoning board's recommendations, the city commission shall make a final
decision on the application. If the city commission determines that the planning and zoning board has not
made a recommendation on an application within a reasonable period of time, the city commission may, at
its discretion, consider an application without the planning and zoning board's recommendation.
(d) All rezoning applications shall be reviewed for compliance with the following standards:
1) The proposed rezoning change is in compliance with all procedural requirements established by the
city code and law;
2) The proposed rezoning change is consistent with the city's comprehensive plan including, but not
limited, to the Future Land Use Map and the proposed change would not have an adverse effect on the
comprehensive plan;
3) The proposed rezoning change is consistent with any master plan applicable to the property;
December 3, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 2 of 5
4) The proposed rezoning change is not contrary to the land use pattern established by the city's
comprehensive plan;
5) The proposed rezoning change would not create a spot zone prohibited by law.
6) The proposed rezoning change would not materially alter the population density pattern in a manner
that would overtax the load on public facilities and services such as schools, utilities, streets, and other
municipal services and infrastructure;
7) The proposed rezoning would not 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.
8) Changed or changing conditions make the proposed rezoning necessary.
9) -The proposed rezoning change will not seriously reduce light or air to adjacent areas;
10) Should the city be presented with competent substantial evidence indicating that property values will be
adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning
change will not adversely affect property values in the surrounding area;
11) The proposed rezoning will not be a substantial detriment to the future improvement of development of
,vacant adjacent property;
12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as
contrasted with the public welfare;
13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood.
or the city;
14) The proposed rezoning does not violate any applicable land use regulations adopted by the city;
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. Amber Realty Co. , 272 U.S. 365 (1926) (upholding the constitutionality ofthe principles of zoning).
Florida Municipal Home Rule Powers Act.
Annexation Agreement, Adopted November 24, 2008
CHRONOLOGY:
Aug. 12, 2008- Application and draft Agreement received for Annexation and subsequent
Future Land Use change and Rezoning
Sept. 2, 2008 Staff Review Meeting ,
Nov. 20, 2008- Public Noticing in Orlando Sentinel of LPA Public Hearing
Nov. 24, 2008- City Commission Approval of Annexation Agreement
Dec. 3, 2008 P& Z Board (LPA.) to hear the request for. the Future Land Use .change (Ord
2008-22) and make recommendation to the Commission.
CONSIDERATIONS:
Applicant - Metro Church of Christ, c/o Randy Whitesell; 1491 SR 434 E, Ste 101; Winter
Springs, FL 32708; (407) 366-7714
Owner- Metro Church of Christ, c/o Randy Whitesell; 1491 SR 434 E, Ste 101; Winter
Springs, FL 32708; (407) 366-7714 [formerly (until July 2008) South
Seminole Christian Church]
Parcel Number- 04-21-31-300-0150-0000
December 3, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 3 of 5
Acreage - approx. 3.136 acres
General Location - Developed property south and adjacent to Barrington Estates (mailing address-
300 W SR 434; Oviedo, FL 32765)
Legal Description LEG SEC 04 TWP 21 S RGE 31 E W 425 FT OF S '/Z OF NE '/, OF NE '/. OF SE '/4
(LESS RD)
Chronolog, off Subject Proper -Property purchased by Metro Church of Christ in July, 2008. An
Annexation Agreement was adopted on November 24, 2008. Annexation will be considered on the
same dates as the public hearings for the change of future land use and zoning.
Existing Land Use -The property is developed and currently used for the following:
^ Offices, professional and business -Counseling Ministries
^ Health and exercise clubs and athletic training facilities -Gold Medal Gym
^ Religious Assembly -Cornerstone Russian Church, WayPoint Church, and Christian Church
The County Future Land Use designation is Suburban Estates. Adjacent existing land uses, zoning
and FLUM designations include the following:
Subject Offices, Health & Requesting C-1 Requesting Commercial (WS) from
Site Exercise Gym, and Neighborhood SE Suburban Estates (SC)
Religious Assembly Commercial (WS) from
A-1 SC
North Single Family R-lA Single Family Low Density Residential (WS)
Residential Dwelling District (WS) _
South Residential and R-1 (OV) Low Density Residential (OV) & (SC)
Vacant
East Vacant (proposed C-1 Neighborhood Commercial (WS)
Lad bird Academ Commercial WS
West Entrance to Barrington R-lA Single Family Low Density Residential (WS)
Estates Dwellin District WS
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends - The South Seminole Christian Church has aligned with Metro Church of
Christ who has become the owner of the property. There are no immediate plans for redevelopment of
the property.
Proposed Future Land Use Classification -The proposed future land use map designation from
Seminole County "Suburban Estates" to Winter Springs "Commercial" is appropriate and compatible
with the general character of the area. All other properties along SR 434 in Winter Springs in this area
(with the exception of Barrington Estates) have a future land use of "Commercial".
Letters/Phone Calls In Favor Or Opposition -None.
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 law; Requirements for advertising the
land use action have been met;
December 3, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 4 of 5
(2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the
city's comprehensive plan and the proposed change will not have an adverse effect on the
comprehensive plan;
(3) Consistent with any Master Plan for the property- The property is not part of a Master Plan;
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-1 Agricultural" to Winter Springs "Commercial" is
appropriate and compatible with the land use pattern established by the City's comprehensive plan.
(5) Does Not Create Spot Zoning= The proposed Rezoning does not create a spot zone, which is
prohibited by law. The adjoining property to the east is also designated "Commercial"
(6) Does Not Materially Alter the Population Density Pattern- The proposed 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 re-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 boundaries that are illogically "drawn in relation to the existing
candidions .on lie 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 The Annexation of the property
into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter
Springs' Zoning Designation. "Commercial" is the most appropriate designation.
(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 zoning designation has been
determined by evaluating the prevailing character of the area around the subject property. The intent
in the zoning of the property is to apply a zoning classification for the subject property that is
consistent and compatible with the surrounding land uses;
(11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the zoning of
the property is to apply a zoning classification for the subject property that is consistent and
compatible with the surrounding land uses;
(12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of
special privilege to an individual owner as contrasted with the public welfare;
(13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the
needs of the neighborhood or the city;
(14) Does Not Violate anyy 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.
December 3, 2008
PUBLIC HEARING AGENDA ITEM 501
Page 5 of 5
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2008-
22, and make a recommendation to the City Commission regarding changing the Zoning classification
on the subject property located at 300 West SR 434 (adjacent to Barrington Estates)„ from "A-1"
Agricultural (Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs).
TENTATIVE IMPLEMENTATION SCHEDULE:
Dec. 8, 2008- ls` Reading of Ordinance 2008-22
Dec. 18, 2008-- Public Noticing in Orlando Sentinel for Adoption of Ordinance 2008-22
Jan. 12, 2009- 2°d Reading/Adoption of Ordinance 2008-22
ATTACHMENTS:
A- Application
B- Noticing in Orlando Sentinel
C- Ordinance 2008-22, including Map & Legal Description
D- Current Zoning Map, September 2008
E- Proposed Zoning Map, September 2008
P&Z / .LOCAL PLANNING AGENCY RECOMMENDATION:
. ~ ~ ATTACHMENTA
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CITY OF WINTER SPRINGS~3~~ ~ ~
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COMMUNITY DEVELOPMENT DEPARTMENT m~~ app ~o
1126 STATE ROAD 434 oA ~~ p
WINTER SPRINGS, FL 32708 0,-Lc
.s
407-327-5967
FAX:407-327-6695
APPLICATION FOR ANNEXATION
AND 8UBSEQUENT
COMPREHEN8IVE PLAN AMENDMENT b REZONING PETITION
APPLICANT: M~'(-jZ~ C'-N~~P~~(~E 0,,= c'td2~6T
last First Middle
MAILING ADDRESS: ~ Vl~~~ ~-(;~ ~j ~ 4T E t n t
_~ tr.~T~tz.. SpP.tt.lfi.S '~ (.. 32'7 og
City State Zip Code
PHONE: ul e`7 - 3 fo to - T7 t ul
if Applicant does NOT own the property:
PROPERTY OWNER: EDUTH SG-F~ttr.tet.G •clatz.tsTto.~ ct-t~a~NritaL
Last First Middle
MAILING ADDRESS: ado ~ StZ ti3~~
Dv t ~^oo -t- L. 3Z--7 ~~
city stau zip code
PHONE:
This request is for the property described below:
PROPERTY ADDRESS: ,30 Q 1c~.! S. 2 t-13~1 Ov t Rbo^r ~ 3"x-'7 t.S
TAX PARCEL NUMBER: opt-Z.i ~ ~ - 3en - o tS b - o0o p
SIZE OF PARCEL: 12'7 t a S G.,= 2. a l n ~
Sgwre Feet Aura
Please state the reasons ar justification for your Annexation, Comprehensive Plan Amendment (Future
Land Use Change), and Rezoning request:
Current COUNTY FUTURE LAND USE Classification: SE
Request for a Change to CITY of W inter Springs FUTURE LAND USE Classification: ~or..t tv1E-zc, nt
If you are requesting an Amendment to the Coals. Objectives, & Policies of the City's Comprehensive
Plan, set forth the proposed Amendment in detail and provide supporting documentation.
Current COUNTY ZONMG Classification: ~,- I
Request for aChange to CTfY of Winter Springs ZONING Classification: G- l A.t~tAht3o2-4oet~ CeMMlws~.s.L
Much 2(MG
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the xubject
property for purposes of evaluating this epplicalion.
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
FOR U8E WHEN APPLICANT 13 OWMER OF THE BUBJECT PROPERTY
This is to certify that I am the Owner in fee simple of
AntteYatiart end Subsequent Comartt!hervlve~'Jen Arsr
of Owner
S on~and sub ibed before me this
day of tl 5 20~_.
lends described within this Application for
t and Rezoning Petition:
Personally Known ' ~~ ~ ~OIMMEN.
Produced IderttifiCation: MMM1'MM - MME gI FM11t#1
(Type) F L 17L IyQltlttlwllrl~ttt~lMOR>N„>Nt
Did take an Oath
~ ~tlttltafllldltl8 ~ 1!1!i!
_
Did Not take and Oath Mlid~MMt+~1~1r~lIJ1M
trrrrrrrrrrrrrrrrrrtrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr•
FOR USE WHEN APPLICANT 18 NOT OWNER OF THE 8UBJECT PROPERTY:
I, do hereby, with my notarized signature, allow
to represent me in the Annexation and Subsequent
Comprshensivc Plan Amendment and Rezoning Petition of my property.
The property is identified as: Tax Parcel Number(s) b t-I - Z I -~ (- 'fie n , ~ ~.S n - n.,~~
Located a< 3c5o ~,J sty 411 ~~ t t~-r~o ;: t_ X2-7 a
and as further identified on the Metes and Bounds description provided with this Application.
Signature of Owner(s)
Sworn to and subscribed before me this
day of .__ 20
Personally Known
Produced ID: (Type) _
Did lake an Oath
Did Not take and Oath
Notary Public
My Commission expires:
nt~t, ~sr,
ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS anti REZONINGS are subject to the Approval of the
City Commission.- Ead- action is only effective when the Notice and Vote Requirenrenis of Chapter 166 and 171,
Florida Statutes have barn achieved,
COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each action is only
effective when the Notice and Vote RequiromrnL~ of Chapter 166 and 171, Florida Statutes have been achieved.
I:ARGE SCALE COMPREHENSIVE PLAN AMENDMENTS ere subject to Approval by the Florida Department of
Community Affairs and arc not efladive until the Department of Community Affairs issues a "Notice of Intent" to find
the Contprehrnaive Plan Amendmrnt in canpliance with the requirements of Chapter 163.3184 and 163.3187, Florida
Stables. Unless otherwise provided by law, the Comprehensive Plan of the City of Wiener Springs shall be amended
only twice per year in eocordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section 15-32 as
follows:
d pplication subniirtal deadJl~
Spring- No later than 5:00 p.nt. on the first Wednesday in Febnrary. The application(s) will be reviewed at a
mating of the local planning agency to be held in April or es otherwise predicable.
Fall- No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of
the local planning agency to be held in October or as odterwiae pradiablc.
SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of
consideration of amendments to the Comprehensive Plan under the conditions approved by law. (sae 163.3187 F.S.).
APPLICANTS ere sdvix~, that if they decide to appal any decisions made at the matings or hearings, with respect to
any matter considered at the meetings or herrings, they will need a r+eeord of the proceedings and, for such purposes,
they will aced to insure that a verbatim record of the proceedings is made, al then cost, which includes the testimony
and evidence upon which the appeal is W be based, per 286.0105, Florida Statutes.
THE fOLLO1MNG ITEMS ARE TO BE SUPPLIED WITH THIt3 APPLICATION:
^ A copy of the most recant SURVEY of the subject property with Metes and Bounds
description.
^ A copy of the LEGAL DESCRIPTION.
^ 1 t x 17 MAP showirtfl ADJACENT STREETS and ZONING AND LAND USE classifictations
on the ADJACENT PROPERTY.
^ JUSTIFICATION for the Request.
^ NAMES and ADDRESSES of each property owner within 150 R. of each property line.
^ Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see tx~low).
^ APPLICATION FEES:
FEES are es 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 ttpprovat of any development (based on accounting
submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of developmem.
ANNEXATION
PRE-ANNEXATION AGREEMENT (Optional)
COMPREHENSIVE PLAN AMENDMENT per Applicant
Small Scale (Generally 10 acres or fewer)
Large Scale (Grneralty More than IOacres; Text Amendments)
REZONING per Applicant
S 500
S 1000
S ~b0 . a0
S
S 6~.ee
S 500
S 1000
S 500 S~OO.ee
Plus S 25/acre S 72-., 7S
• v„n~ ~,.v e" n.ne4sr 16'+_ Ftori~ StatiKes
TOTAL DUE
s.J~`~?~- -tom
Mgt, sous
Seminole County Property Appraiser Get Information by Parcel Number ~ Page 1 of 2
Personal Property Please Select Account
_.
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DAYID .IO-~tBaM, CFA,1-3J1
RROFERTY
APPRAISES
SP7NINQLEgC~tIPITY FL..
TtOt E.FlRS7.sr
BAtEFOtxn. F7.3~ZTJt-74BB
407-865-7~
,
VALUE SUMMARY
VALUES 2008
Working 2007
Certified
GENERAL Value Method Market Market
Parcel Id: 04-21-31-300-0150-0000 Number of Buildings 2 2
Owner: CHURCH METRO OF CHRIST INC Depreciated Bldg Value $1,428,393 $1,448,977
Mailing Address: 1491 E SR 434 STE 101 Depreciated EXFT Value $669 $669
City,State,ZipCode: WINTER SPRINGS FL 32708 Land Value {Market) $572,378 $292,000
Property Address: 300 434 W
F
ilit
N Land Value Ag $0 $0
ac
y
ame:
Tax District: 01-COUNTY-TX DIST 1 Just/Market Value $2,001,440 $1,741,646
Exemptions: 36-CHURCH/RELIGIOUS () Portablity Adj $0 $0
Dor: 71-CHURCHES ~ Save Our Homes Adj $0 $0
Assessed Value (SOH) $2,001,440 $1,741,646
Tax Estimator
Portabl _..ty..._.C...aicul_ato.r..
2008 Taxes and Taxable Value Estimate
Taxing Authority Assessment Value Exempt Values Taxable Value M(Ilage Taxes
County General Fund $2,001,440 $2,001,440 $0 4.3578 $0.00
Schools $2,001,440 $2,001,440 $0 7.4130 $0.00
Fire $2,001,440 $2,001,440 $0 2.3299 $0.00
Road District $2,001,440 $2,001,440 $0 .1068 $0.00
SJWM(Saint Johns Water Management) $2,001,440 $2,001,440 $0 .4158 $0.00
County Bonds $2,001,440 $2,001,440 $0 .1451 $0.00
http://www.scpafl.org/web/re_web.seminole_county_title?PARCEL=04213130001500000&coparcel=21310430001500000&cp... 8/12/2008
Seminole County Property Appraiser Get Information by Parcel Number
Page 2 of 2
Total 14.7684 X0.00
The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates.
SALES
Deed Date Book Page Amount Vac/lmp Qualified 2007 VALUE SUMMARY
QUIT CLAIM DEED 07/2008 07030 0879 $100 Improved No 2007 Tax Bill Amount: $0
WARRANTY DEED 03/1978 01174 1944 $100 Vacant No 2007 Taxable Value: $0
WARRANTY DEED 01/1974 01041 0744 $21,300 Vacant Yes DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS
Find Sales within this DOR Code
LAND LEGAL DESCRIPTION
Land Assess Method Frontage Depth Land Units Unit Price Land Value LEG SEC 04 TWP 21S RGE 31 E W 425 FT OF S 1/2 OF NE
1L4 OF NE 1/4 OF SE 1/4
SQUARE FEET 0 0 127,195 4.50 $572,378
(LESS RD)
BUILDING INFORMATION
Bid Num Bld Class Year Bit Fixtures Gross SF Stories Ext Wall Bld Value Est. Cost New
1 STEEL/PRE ENG 1982 9 6,075 1 METAL PREFINISHED $284,153 $430,535
2 STEEUPRE ENG 1994 21 20,436 1 METAL PREFINISHED $1,144,240 $1,412,642
Subsection / Sgft OPEN PORCH FINISHED / 564
Permits
• EXTRA FEATURE
Description Year Blt Units EXFT Value Est. Cost New
ALUM CARPORT NO FLOOR 1986 418 $669 $1,672
NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes.
*** If ou recentl urohased a homesteaded roe our next ear's roe taz will be based on Just/Market value.
http://www.scpafl.org/web/re_web.seminole_county_title?PARCEL=04213130001500000&coparcel=21310430001500000&cp... 8/ 12/2008
Justification for the Rezoning:
Taken from Winter Springs Code of Ordinances, Section 20-31.
1. Is the proposed rezoning in compliance with all procedural requirements
established by City code and law?
a. Yes
2. 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?
a. The proposed annexation application is consistent with the
following Goals, objectives and policies in the Comprehensive Plan
of Winter Springs.
ii. Future Land Use Element
1. Pol'~cies 4.2.3 and 1.2.14
2. Objective 1.3, Policies 1.3.3 and 1.3.4
3. Policy 1.4.2
4. Policies 1.5.4, 1.5.6
5. Policies 1.6.5 and 1.8.8
6. Objective 1.8, Policy 1.8.2
iii. Infrastructure Element:
1. Policy IV-A-3.1
c. The proposed.change is consistent with the City of Winter Springs
Comprehensive Plan.
3. Is the proposed rezoning consistent with any master plan applicable to the
property?
a. The site is currently developed. No changes or improvements are
proposed to the current improvements.
4. Is the proposed rezoning contrary to the land use pattern established by
the City's Comprehensive Plan?
a. No. The adjacent property to the east is within the City Knits of
Winter Springs and carries a zoning classification of C-1. This
application seeks to be consistent with the established land use
pattern as set by the City's future land use map.
5. Substantiate how the proposed rezoning will not create a spot zone
(prohibited by law)
a. "Spot zoning occurs when a small area of land or section in an
existing neighborhood is singled ouf and placed in a different zone
from that of neighboring property" "Rezoning a single parcel of land
is not necessarily a spot zoning. By definition, such a rezoning will
not be an illegal spot zoning if it is in accordance with a
comprehensive plan and furthers the general welfare of the
community"
b. As stated above the proposed application is consistent with the
City's comprehensive plan and future land use map, and will not
have an adverse effect on the City or Region. This application
seeks the same zoning category of C-1 that the property to the east
carries. This area of the City has therefore has been established as
an appropriate area for Commercial development.
6. 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?
a. No, as previously stated the property is already developed with a
26,000 s.f building. The applicant will not be expanding the existing
building.
7. Do changed or changing conditions make the proposed rezoning
necessary?
a. Yes, the application for annexation into the City requires that the
property will have an appropriate land use and zoning category
established after adoption of the annexation application.
8. Will the proposed rezoning seriously reduce light or air to adjacent areas?
a. No, as previously stated this site currently developed and will
therefore not alter or reduce light or air quality of the area.
9. 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?
a. The applicant understands this requirement.
10. Describe how the proposed rezoning will not be substantial detriment to
the future improvement or development of vacant adjacent property.
a. The adjacent property to the east is a vacant parcel that currently
carries a FLU category of Commercial and a zoning category of C-
1.This application seeks to be consistent with this established land
use and zoning category with the property to the East.
11. Describe how the proposed rezoning does not constitute a grant of special
privilege to an individual owner as contrasted with the public welfare?
a. This application seeks to be consistent with the established land
use and zoning patterns established by the City on adjacent
properties.
12. Explain how the proposed rezoning is in scale or compatible with the
needs of the neighborhood or the City.
a. The 2.9-acre site will help the City meet is stated future goals of
commercial zoned lands by the year 2010. This application seeks
to be consistent with the established land use and zoning
categories on the adjacent property to the east.
13. Does the proposed rezoning violate any of the City's applicable land use
regulations?
a. No
.,
ee
Orlando Sentinel THURSDAY, NOVEMBER 20; 2008
~ Le alNoGi ~`
11~ p~ AM ION Counh Comptroller
p COppry 2001 AT ldp -M. pp s00N IN THE CI Poll TAB DEED Orange Coun}y~ Florida ~
I pFp IN THE FOR VOLU CE 1! HEREBY GIV• Bv: chrlslie Willis ~ ~
t N~OF ! ~ NO CO ININ CXMIR FLORIDA. That MTAG OUST FOR Deputy Comptroller
AT TX CIVIL pIVI9WORT H MANAGE- (County Comptroller Seal)
II DE EA LN N PEL yyRI~ Ct1Y hA~ _ CAIE N7 tlC Ihs holder of uL5BS92B! 10!10 6 lUb, 13, 2d
iW EAfT ITATE pF411~01Dpl ElollowlnD cerflficate has NOTICE OT~APP(JCDTION IOR '
Art lhaM IUt 101 • B7rbara YYINTEp !PRIM!!, A sold certiflcale fora DEE
Johnson, apPlleant; Re• The'pro~osed ordinances (DEED to be Issued NOTICE IS HERBY GIV•
x~ quest for (1) o tot site varl• mqv Dbee nspected by inter- ABpOM (OAN!eon. The Certlflcate EN that SAUT RNES V
o n e from 13,360 square estad parties between ! Planiff, tber and year of Issu• LL4 the hol~ar of the fol+
feet ~ 3000 equ0re feat a a.m. and S v.m., Monday 1, IM descriptbn of tlk low ng ceftll cote has Ilad
0 (2) w dt6 at bulldiny I~ne through rldoY at the vs. Krty, and the names In old cartitlc to for o ~A)4
( varlona from 130 feet-to 50 Cltv's Clerk's Office, locat• hit was msessed are EED to be gsiuad thereon,
I ~eet, o (3) front yard set- ed at 1126 Eaat State Road pDNA(D C. Ml~Ilows• ~M Certlflcate numbbr o
I ck variance from SO feet 134, Winter Sprlnps, FIOr1- De}endants. TIFItATE NUMBER: nQ
b 0 20 test, a (1) rear yard da. For more Information Year of Issuance, the dal
setback variance from 30 call (107] 321.1800 IYL77. Per- 'NOT R OF ISSUANCE: 4006 scrip}lon of the DroPerty
f et to 20 feef,'and a (5) sons with dieabllltks need- f~IMtUANT~CRIPTION OF PROP- and thh!! names In which i~
• aid4 yard (south) setback Ing assistance to parttclpate Y: E1/1 OF NEI// OF was assessed ore as fold
xarfana from 10 feet to 7.5 in env of these Rro~eedli ps NOTICE ISY1 OF S~FC~ e4-20.2 LESS Ia~pGTE NUAIpEA: ti'•?f
t
I ~ teeT for a single fam11Y
nome In A-1 (Agriculture) should contact t a mpoY•
ee Relations Department EN WrsuaM
Summary A
dlslri~t; Located on the
t
t
t Coortlinaror, /8 hours In ad-
e of the meeting at
vonc of IOrlCIOSa
bar 1
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II Joy Williams, Planner env recommendation/deci•
the Local
b
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d Court In
F9
t
C
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r 2Q1 Yabeflea We Seminole
toor~ of C unto
ount y
on ma
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Planning Agency with rs-
sped to any matter consid• oun
y
AUROkA
ICE S LLC.r
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omm ss oners, apptpcant;
equeat ,tor a building Bred at thismeet ng, you
will need o record of the
d f
h RO
ALD
DEANNA
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~
' ei~gpht wrionce from 351ee1
to 5/ her for a proposed Lire
training tower In PCD or suc
Proceedings, an
purposes, you may need ro
ensure shot o verbatim re- KNOW
UNKNOWNI
N0. 4; At
(Planned Commercial De• cord of the proceedings Is
hi
h th
o
- KNOWN P,,pp
G INT1
.I velopment) dlstrltt; Locat•
ed on tM south side of Val- e
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made upon w
c
Peal is based. Ipteresled IN
THROUGH
@niine Wav approximately parties are advised that AGAINST r
700 feet 9ost of SR 119;
BV2008.101). (Dlstricl 5) they may appear at the
meeting and ba heard with FENpANTt
TION, ORr
f Foll, Principal
l
nne respect to the proposed or•
di CLAIMING
Til
RIGHT
d r
P
a nances. i
,
EST IN T
, !fl
0 Nerbsar faslhg Wq ~ SL5881910 11/10 H
EREIN
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Marv Mn Lucas, a pllcont• 4
hl hest cn
r SL5885331 l
• L7 0 ow ng escr a r
praperh: ep FLORID
tl ~ - Lot 488 pf AVALON PARK Plalnllff
NORTIiM/EST VILLAGE '
p PHASE 1, 3, AND.1, accord- ~• ,
d
a ine to the Plat thereof, as REMIN
recorded In Plaf book 63, at MENTS
C ,
Page(s) 9/ through 103, In• Defendo
elusive, o} the Public Re•
E ,
f cords of Orange County
opefher with ail structures, Ap1ENC
~
mprovemenis, fixtures, op• NOTICE
pliances, and appurtenanc•
p EN that
es on sold land or used In Summa
rnnlunctlon therewith. F
l
e
~
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~~ orec
a
The aloresoid sale will bo ?9 2008 ~
mode pursuant to a Sum• Action I
mare Final Judgment a the Cira
tered in Civil No, txndln9 ~n
n
U
d OranYe
the County Court, of the wherein
ninth ludlcla! Clrcud In and OF FLfI
for Orange County, Florida. Pi
iff
b
be alnt
An person claiming a rlQht INVES
To funds remaining after 1M
k ol. are
sole must file a claim with
ill
ll
al
be w
se
the undersigned Clerk no bast bl
later than 60 days after iM
N. Ora
A
~d~
cn TED this 17th day of No- 350, 0
D
vember
7008 1
l
~
,
em
D
ic
:PI LYDIA GARDNER forth In
CLERK OF THE COUNTY
Ida Uudg
C~O~RL COURT SEAL) wit:
Y
y
Sep
~ t; :/
KotMAne Berne! Orange
Deputy Clerk License
~ In accordance with the A- DATED
marlcans with Olsabillties
Y t
I Novem
Att, parsons with disablll•
ties needing a spe lot ac• ~
commodatlon shou5d ton- Anv
C
Ib~
d ° ~
DE I
tact Court ,Adminlstratlon, tares! I
at 125 North Orange Ave• iM sal
nue, Suite 2130 Orlando, Me pa
v t
Florida 348D1, Telephone: a I
pe
it
l 107-836.2303 not later than must f
SeV@n (7) dOVVS PrIOr 10 iM daYS a '
proceedinYy If hearlnV im-
paired, (TD•D
1-800-9S3-e771, ~d
o t
s
N ~
i
or VOICE (V t-800-955.8770, dallon I
via Florida elan Service. vvrocee
p'Ri COR887300-NOV.20,26 125 N.
UNI LOSERS 3ovl+'Nh~
WEEPERS. rm~;~
tssr Stop weeping over LYDIAt
Abe YOUr 1051 VOIUOble. LOUR ~
;~~~ Find them 1n the clvl
~y
be Sen~in@I Classifieds
Wr
° I` Lost & Found. otsee
~
x s ,I f
at to
xote
et, It
s
Doled: Oct-012008 <
11 Martha 0. Haynk, CPA,
h assesse
ONSTRU -
aceriv belib
of OrangO,
Ida. Unlep
sMll De lel-
Otlando t•lorlaa on SUCn CQrnTlCafe will ce
~-4009 at X0:00 o.m. to fM hlphest bidder In
f: Oct-72.7008 Conference Room, local
ha 0. Hovnie, CPA at ]09 E. Church Street,
tv Comptroller Orange Floor, Orlando, Florida
Iy. Florida Jan•15.7009 at 10:00 a.~l
hristfe Wlllls Gated: Nov-012008 e
ty Compirykr• MarMa 0. Haynie, CPA s
sty Comptroller Seoq County Comptroller g
69530 Orange pun}y~ Fbrlda
20, 27 Dec. /, 11 BY: Ghr stle Wlllls a
DeputY Comptroller
(County Comptroller Seal
hot MALBECBII l C OL5880659 _ 6
older,ot the f~oellowin 1 7~, 17/"11''1, 18~, 20(08
Iccte for csTAX OEEID - TA! 0- €~EE
~Ifil ate number and ENENTfhat MERL0T811 LIL~
of Issuance, the da- the holder of tM fallowlrf
t4on of the property certiflcale has filed sop
M names In which 1~ certificate for a TAX DE81
assessed are as fol- to be Issued thereon. T~
3
erfificote bhall be re• ALL of mid ocerty being
rd accordlnp fo law, In the County of Orange,
•operfv described In State of Florida. Unless
~,ertlfiwte whl be sold such artlflcote shall he ee•
highest bidder at the deemed accordlnp to law, '
rents Room, located the property escribe~ n
E. Church'Street, /th such certificate will be Id
Orlontlo, Florida on to iM hlptvest bidder at iM
•2008 at IO:Pa.o.m. Conference Room„ located
Oct•03.200d.~ of 109 E. Church Str2eL '
a 0. Hovnie. CPA Floor. Orlando, Flort-
Ida ai 1ga$g-g7Jh4~ '3 601 to Plos iq II!M 5i'wiili~DyDni
m• l+il 701 'woos a~uala)uo~ ul PaQIJDCep Afladold wiJ
-(a~lo~) u! laDPlq Icayely ayi of ~mol of eu plo»o PawwP
PA ,_'ll sold 'ISOp paicw)IS3 ay~ OU0-SS6(OOg)I l0 1001) !LLB aauDiO I
sapnloul 4DI4M OOOOIS'LLI I •SSb(ODg l aJIAJi$ ADlitf I eUliq Afl aq IIIM aloD!1!Uao VDns •aJ aq Ilpys alooUlllao gone ,
~~ ' AlalDwixaddD AoJf opuolj ay) eulsn ADUe6D Ill3f1N-em nSeo.o iodoad,:>o ts6.on~•oFlJal~alo a1D~S i
' •ap B!x, s;uawssassy aul '- aui uowo~ acoaic 'oaJ,nn :Passass ' ' ' " °1 '
ATTACHMENT B
ATTACHMENT C
ORDINANCE 2008-22
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 3.136 ACRES,
MORE OR LESS, AND GENERALLY LOCATED AT 300
WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA,
AND MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
FROM SEMINOLE COUNTY "A-1 AGRICULTURAL" TO
CITY OF WINTER SPRINGS "C-1 NEIGHBORHOOD
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 Planning and Zoning Board and City Staff of the City of Winter Springs
have reviewed and recommended approval of this Ordinance at their December 3, 2008 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
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby finds the requested 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.
City of Winter Springs
Ordinance No. 2008-22
Page 1 of 2
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 Seminole County "A-1 Agricultural" to City of Winter
Springs "C-1 Neighborhood Commercial" for the real property depicted and legally described. on
Exhibit "A;" attached and incorporated herein by this reference. City Staff is herebydirected to
promptly amend the Official Zoning Map upon-the effective date of this Ordinance.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the,City Commission, or parts of ordinances and
resolutions in conflict herewith,.are hereby repealed to the extent of the conflict..
Section 4. 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 5. Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2008-21 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2008-21 does not become effective,
then this Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 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:
City of Winter Springs
Ordinance Na 2008-22
Page 2 of 2
Exhibit `A'
LOCATION MAP
Source: City of Winter Springs & Seminole County GIS Data, October 2008
The West 425 feet of the South 1/2 of the Northeost 1/4 of the Northeast 1/4 of the Southeast 1/4
of Section 4, Township 21 South, Range 31 East, less road right-of-woy for. State Road 419.
Being more particularly described as follows:
Commence of the Northeast corner of Section 4, Township 21 South, Range 31 East, Seminole County,
Florida; thence South 00'29'58" East along the East line of said Section 4 a distance of 2473.42 feet to
the East 1/4 corner of said Section 4; thence departing said section line, South 89'51'53" West a
distance of 25.00 feet; thence run South 00'21'31" East a distonce of 25.00 feet; thence run North
89'51'53 East a distance of 25.00 feet to aforesaid East section line; thence run South 00'21'31" East
olong said section line a distance of 306.84 feet to a point being the southeast corner of Trac# J,
Barrington Estates as recorded in Plat 62, pages 77 through 80 of the Public Records of Seminole
County, Florida and the north tine of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the
Southeast 1/4; thence South 89'50'13" West along said north section line and southerly plat line a
distance of 236.88 feet for o POINT OF BEGINNING; thence departing said southerly plot line, South
00'02'02" East a distance of 323.38 feet to the North right of way line of State Road /434; thence run
North 89'38'30" West along said right of way line a distance of 425.01 leet to its intersection with the
southeasterlymost corner of aforesaid plat; thence departing said right of way line, run North 00'02'02"
West along the west line of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of soid
Section 4 a distonce of 319.51 feet to the north line of said South 1/2 of the Northeast 1/4 of the
Northeost 1/4; thence North 89'50'13" East along said section line a distance of 425.00 feet to the
POINT OF BEGINNING.
Containing 3.136 acres, more or less.
ATTACHMENT D
Existing ZONING
October 2008
A-3
R-C 1
R-1
a R-1
~ a
~~
C-1
A-3
FLORIDA AV
A
C-N
1
R-1
0 387.5 775 1,550 Feet
Source: Seminole County GIS, City of Winter Springs, October 2008
N
ATTACHMENT E
Proposed ZONING Map
October 2008
A-3
I ~RbAI~A _ _ _-..
~-
~r~~i - --- -- --
.., ~ _1
[_ -~ i 11 ubject
_ ~ , ~ I Iropert
R-1
R-1
a
R-C 1
A-3
FLORIDA AV
_.
C_1 !, A
..
C-N
1
R-1
0 387.5 775 1,550 Feet
Source: Seminole County GIS, City of Winter Springs, October 2008
N