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HomeMy WebLinkAbout2007 04 09 Public Hearing 501 Ordinance 2007-03 Rezone 282 West State Road 434 CITY COMMISSION April 9, 2007 Meeting ITEM 501 REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading and Adoption on Ordinance 2007-03 which rezones 1.76 acres (more or less), located at 282 W. State Road 434 east of Barrington Estates, from "A-IO" Agricultural (Seminole County) to "C-l Neighborhood Commercial" (City of Winter Springs). PURPOSE: To consider the request of Robert Carneal on behalf of Janet M. Mann for Rezoning of the recently annexed property at 282 W. State Road 434. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances) . Winter Sprinl!s Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sprinl!s Section 20-26. Intent and purpose. Winter Sprinl!s Section 20-27. City commission authority. Winter Sprinl!s Section 20-28. Due process; Special notice requirements. Winter Sprinl!s Section 20-29. Applications. Winter Sprinl!s Section 20-30. Staff review. Winter Sprinl!s Section 20-31. Rezonings. (Fourteen (14) criteria included) Winter Sprinl!s Section 20-57. (Role of the Planning & Zoning Board) Euclid v. Amber Realtv Co. ,272 U.S. 365 (1926) (upholdinl! the constitutionality of the principles of zoninl!). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Dec. 29.2006- Application received for Annexation and subsequent Future Land Use change and Rezoning. Feb. 26. 2007- Adoption of Ordinance 2007-01, annexing the property. Mar. 7. 2007- P& Z Board (LPA) heard the request and made recommendation of Adoption. Mar. 26. 2007- 1 st Reading of Ordinance 2007-03 Mar. 29. 2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) April 9, 2007 PUBLIC HEARING AGENDA ITEM 501 CONSIDERATIONS: Applicant - Robert Carneal, 2354 Pine Meadows Place; Chuluota, Florida 32766 Owner ~ Janet M. Mann; 233 Carolyn Drive, Oviedo, Florida 32765 Parcel Number - 04-2l-3l-300-015A-0000 Acreage - approx. 1.76 acres General Location - The site is located on the north side of SR 434, east of the Greeneway, one lot east of the entrance to Barrington Estates. Legal Description -SEe 04 TWP 21S RGE 31E S 1/2 OF NE 1/4 OF NE 1/4 OF SE % (less W 425' + road) Chronology ofSubiect Property - The property was annexed into Winter Springs on Feb. 26, 2007. Existing Land Use - The property is currently vacant but previously had a mobile home and covered concrete area on it. The County Future Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Z' FLL'\I (Jnln" I Uses '" South Single Residential (Barrington Estates _~~1J~vl____________ Single Family Residence & Vacant _{QYL M_____ __ ___ Vacant (WS) Family Requesting (WS) C-l Neighborhood Commercial from _(~~11\:-J Om _ _u nn__mn _ n _ _ n_ R-lA Single Family Residential (WS) Requesting (WS) Commercial from (SC) Suburban Estates Subject Site Vacant North Low Density Residential (WS) R-l Single Family Residential (OV) Low Density Residential (OV) West South Seminole Christian Church (SC) (SC) A-3 Request for (WS) C-l Neighborhood _ _<::_oI1-!ll1~~~i<l_~ut~1Jl~~__________ A-1O (SC) (SC) Rural-3 Request for (WS) Conservation and (WS) Commercial with ____<:=(}I1-~eEV<l!i(}Il Q\f~Elay,ta1JI ed __ Suburban Estates (SC) East (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends --- The Applicant has indicated that he would like to develop the property as office space. Letters/Phone Calls In Favor Or Opposition - Adjoining property owners in Barrington Estates and the church have inquired about the development plans for the property and indicated their concern over future impacts to their properties from development of the vacant parcel. 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; (2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the April 9, 2007 PUBLIC HEARING AGENDA ITEM 501 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-l 0 Agricultural" to Winter Springs "C-l Neighborhood Commercial" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; All parcels on the north side of SR 434 in the City are zoned "C-l Neighborhood Commercial", with the exception ofthe entrance to Barrington Estates. The majority of parcels on the south side ofSR 434, in Oviedo, are zoned "R-l Single Family Residential" which allows a maximum of 5.12 dwelling units per acre. (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 (Winter Springs) has also applied for "C-l Neighborhood Commercial" zoning classification and the land at the bend of SR 434 (under Seminole County jurisdiction) has a commercial zoning. Should the church property to the west be annexed, it would likely be considered for "C-l Neighborhood Commercial" as well. (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 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 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- 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. Winter Springs does not have an "A-lO Agricultural" Zoning. The "C-l Neighborhood Commercial" is the most appropriate designation for the north side of the SR 434 urban arterial. (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 Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character ofthe 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 Adiacent 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; April 9, 2007 PUBLIC HEARING AGENDA ITEM 501 (14) Does Not Violate any 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. At the March 26, 2007 Public Hearing the Commission directed the City Attorney to prepare a development agreement for this property that would limit the property as it develops, to a height of 35' (two stories), which is the height that Barrington Estates developed under. This document is attached. PLANNING & ZONING BOARD / LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning Board!LP A on March 7, 2007, the Board! Agency recommended approval of Ordinance 2007-03, with a vote of 5-0. Vice Chairperson Tillis also stated, "We ought to stress to the City Commission as part of our recommendation that they do need to be sensitive to what type of commercial development goes in there and its appearance and do be sensitive to the residential neighbors that are close." STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-03, changing the Zoning classification on the subject property at 282 S.R. 434 from "A-lO" Agricultural (Seminole County) to "C-l Neighborhood Commercial" (City of Winter Springs). ATTACHMENTS: A. Excerpt from P&Z/LPA Minutes of March 7, 2007 B. Ordinance 2007-03 including Location Map & Legal Description C. Current Zoning Map, February 2007 D. Noticing in Orlando Sentinel E. Development Agreement, limiting the height to 35' CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 3 OF II "I WOULD LIKE TO MAKE THE MOTION THAT WE APPROVE THE CHANGE IN FUTURE LAND USE BASED ON THE FINDINGS IN OUR INFORMATION PACKET AND BASED ON THE INFORMATION WE RECEIVED FROM THE RESIDENTS OF BARRINGTON ESTATES THAT THE CITY COMMISSION APPROVE ORDINANCE [NUMBER] 2007-02 WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE MAP (FLUM) DESIGNATION ON THE SUBJECT PROPERTY AT 282 WEST STATE ROAD 434, EAST OF BARRINGTON ESTATES FROM SEMINOLE COUNTY 'SUBURBAN ESTATES' TO CITY OF WINTER SPRINGS 'COMMERCIAL'." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2007-03 Which Rezones 1.76 Acres (More Or Less), Located At 282 West State Road 434 East Of Barrington Estates, From "A-10" Agricultural (Seminole County) To "C-1 Neighborhood Commercial" (City Of Winter Springs). Ms. Sahlstrom introduced this Agenda Item and displayed a PowerPoint presentation of the property site. Ms. Sahlstrom said, "Staff has reviewed these and does believe that this is the - appropriate Zoning for this property." Ms. Sahlstrom read into the Record the opening paragraph of Section 20-231. of the City Code. Discussion. Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Robert Connelly, 1518 Wescott Loop, Winter Springs, Florida: briefly spoke to the Board Members to consider a single story building on this property site. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 4 OF II Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked the Board Members to consider his neighborhood and noted he was opposed to a multi-story building. Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: as the owner of one of the parcels, Mr. Toledo said he was in favor of Commercial Zoning and suggested it would minimize traffic issues and recommended a forty foot (40') easement. Discussion. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I AM GOING TO MAKE A MOTION TO APPROVE THE [AGENDA] ITEM '201' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VICE CHAIRPERSON TILLIS SAID, "WE OUGHT TO STRESS TO THE [CITY] COMMISSION AS PART OF OUR RECOMMENDATION THAT THEY DO NEED TO BE SENSITIVE TO WHAT TYPE OF COMMERCIAL DEVELOPMENT GOES IN THERE AND IT'S APPEARANCE AND DO BE SENSITIVE TO THE RESIDENTIAL NEIGHBORS THAT ARE CLOSE." VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER KARR: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2007-04, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of State Road 434, East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street From (Seminole County) "Rural-3" To (City Of Winter Springs) "Commercial". Ms. Sahlstrom presented this Agenda Item and said, "Staff believes that this Application to change this property to Commercial Land Use is appropriate." Ms. Sahlstrom also stated, "Staff also supports the preservation of the wetlands." A PowerPoint presentation was displayed to show the property site. ATTACHMENT B ORDINANCE 2007-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-IO" TO CITY OF WINTER SPRINGS "C-l 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 recommended approval of this Ordinance at their March 7, 2007 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. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of City of Winter Springs Ordinance No. 2007-03 Page 1 of 2 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-lO" to City of Winter Springs "C-l Neighborhood Commercial" for the property legally described on Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby directed 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 2007-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-02 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 the day of , 2007. 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 No. 2007-03 Page 2 of 2 Exhibit 'A' Source: City of Winter Springs & Seminole County GIS Data. January 2007 I I o 175 350 700 Feet ~ N Metes and Bounds Description: THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST. LESS ROAD RIGHT OF WAY, AND LESS, THE WEST 425 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62, PAGES 77 THROUGH 80, INCLUSIVE, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN SOO'21'31 "E, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 321.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE S89'22'S7"W. A DISTANCE OF 206.37 FEET; THENCE NOO':57'03"W, A DISTANCE OF 5.00 FEET; THENCE S89c22'S7"W, A DISTANCE OF 32.30 FEET TO A POINT ON THE EAST LINE OF THE WEST 425.00' OF' THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE LINE RUN NOO.02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 318.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4: THENCE NB9.50'13"E. ALONG THE SOUTH LINE OF' SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 OF' THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 Of SAID SECTION 4, A DISTANCE OF 236.86 FEET TO THE POINT Of BEGINNING. Existing Zoning February 2007 odo Sentinel SE H7 ISDAY. MARCH 29 2007 lit'S Happening n page H4 gs. The Nilllonill Active ilnd Re- Fedei'al employee Assocliltion, I Seminole Chilpter 1525 will hilve grilm by Muffet Robinson from the tlon. for the Homeless of Centrill Iii. There will be ii' $oc1i1I" at '.m. The meeting ii'Open'to retired CUlTl!rit federal' ell'1pl~'ee!V and ;es. Free. 407-774-4755. ANa: 2-4 p.m. Wednesdays; Siln- Senior Center, 401 E. Seminole Silnford. Dilnee to the sounds of Deltonilns, a 14-pieee bafld. $4. :02-1010. ..... '.' ,NIORS vs. CRIMEl'The Seniors vs. , PlQject, sponsored by the Off'tce e Florida Attorney Genet'il~ 1Ielps rs whO might .have been victim- 'y individuals or busin~ !elling s and servICes. Voluntel!4's ealled or Sleuths mediate problems be- n the 'complainant and offending ,esses or . Individuals. People who been victimized or would like to (to a Senior Sleuthsrepresentative :all Sandie Jemigan at 407-571- INIOR SURVIVAL GUIDElThe 50+ In. I~n NetwOrk. a 'Florida nonproflt lizatlon, and the Senior Resource ICe have published an Information let called the SO+ Survival Guide. It ,ilable for free at public libraries enior centers In Orilnge, Seminole Osceola counties. Ihformation In- s help hotlines, spedal Interest support group$, senior activities, elclercare and human-seMce or. :atkins. Details: 407-262-2111 or !65-ll534. port Groups RIEF: 10-11:30 aJl\. Thursdays; St Magdalen CathOlic Church, 861 and Ave., Altamonte Springs. A J for anyone who has lost a loved spouse. parent child or sibling s in the Gold Room of the Family luilding. This is a nondenomina- I group. Free.40H31-1212. IIDOWED FRIENDS OF FLORIDA: o a.m. Saturdays; Denny's Restau- 440 S. Semoriln Blvd., Oriando. For dowed men and women. Purchase own meal. Free. 407-282-8834. !ENTAL HEALTH: 2-4 p.m. Mondays; al Health Association of Central la, 7120 lake Elienor Drive, Onan- eople Inc. a group for people with ar disorders. depression and ~phreni.a. Free. 407-85S-o~88. RlEF SUPPORT GROUP: 7 p.m. 3; Central Christian Church; 250 W. ,oe Blvd. Orlando. The Orlando ter of the Compassionate Friends roup for families whO hjve ~ri-, j the death of a chlld.tree. 407- 1933. ERTORS ANONYMOUS: 7 to B p.m. jays; .Quaker Friends Meeting e. 316 E. Marks St. Orlando. Debt- \ndnymous, a 12'5\ep group. for Continued on H9 * * ATTACHMENT 0 L NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISS.ION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: . r ORDINANCE NO. 2007-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER : SPRINGS, FLORIDA. ADOPTING A SMALL SCALE FUTURE LAND USE : MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP : DESIGNATION OF rHE R,EAL PROPERlY CONSTITUTING A PARCEL : T~TALlNG 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE .' PARTICULARLY DEPICTED AND LEGALLY'OESCRIBED ON EXHIBIT "An ATTAOHEDHERE'fO, FROM SEMINOLE COUNTY "SUBURBAN ESTAr~S" TO CITY OF WINTER SPRINGS"-COMMERCIA~'; PROVIDING 'F-()RTHE REPEAL OF PRIOR INCONSISTENT ORDINANCES' '~~~~t'~EsbLUTIONS. SEVERABILITY, INCORPORATION INTO THE ~ - ,._,' ,. ,:-,-..., ,', : ;';. ',.\a&MPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (See MAP 'fJi., '$lte 1, for location) ORDINANCE NO. 2007-03 'AN\OltDtNANCE OF THE CITY COMMISSION OF THE CITY OF WINTER;. r . SPRINGS; FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF:: . . nf~.REAL PROPERTY CONSTITUTING A PARCEL TOTALING 1.76.~: . ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 ,.' IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY 'DEPICTED AND' LEGALLY DESCRIBED ON EXHIBIT ''fJi.' ATTACHED HERETO, FROM SEMINOLE COUNTY "A-10" TO CITY OF WINTER SPRINGS "C-1 '" NEIGHBORHOOD COMMERCIAL:' PROVIDING FOR THE REPEAL OF': ;: PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,":~ , .~ , :~I1Y;'.A'ND.AN' EFFECl:J\lEOATE. (See MAP 'f( Site 1.~ ~. for lo~atibn) .. . sease Preve revention Ca~ lalAorta Ana! Lung Gal Other GAT, ~IOf~~~U~ ~ , PUBLIC HEARINGS FOR SECOND READING & AObPTION . : ~ WILL BE HELD ON MONDAY, APRIL 9,2007 AT 5:15 P.M. OR SOON THEREAFTER IN THE COI\IIMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL ; 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested parties between 8 a.m. and5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #22,7. Persons with disabilities needing assistance to partlcip~tein any of these proceedings should contact the Employee Relations [)'epartment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #2,36. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decIsion made by the City Oommlsslon with respect to any matter considered atthis meeting, you . . · 'Win need a record of the proceedings, and for such .purpuses, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. I . ! - ATTACHMENT E THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY DEVELOPMENT AGREEMENTfNOTICE OF ZONING RESTRICTION TillS DEVELOPMENT AGREEMENTfNOTICE OF ZONING RESTRICTION (the "Agreement") is made and executed this day of ,2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and JANET M. MANN, trustee ("Owner"), whose address is 282 W. S.R. 434, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, this Agreement is entered into in accordance with the Florida Municipal Home Rule Powers Act (providing broad powers to municipalities unless prohibited by law) Section 20-31(e), City of Winter Springs Code (authorizing the imposition of more restrictive zoning conditions when considering rezoning applications), and Section 20-474, City of Winter Springs Code (authorizing development agreements to vary the standards of the S.R. 434 guidelines); and WHEREAS, this Agreement is related to certain real property generally located at 282 W. State Road 434, and legally described on EXHIBIT "A." which is attached hereto and fully incorporated herein by this reference ("Property"); and WHEREAS, Owner desires to amend the future land use map designation on the Property from Seminole County "Suburban Estates" to Winter Springs "Commercial;" and WHEREAS, Owner also desires to amend the zoning map classification for the Property from Seminole County Agricultural to Winter Springs "Neighborhood Commercial;" and WHEREAS, the Property is located adjacent to Barrington Estates, a low density, detached residential single family residential neighborhood, with no house greater than two floors or thirty-five feet in height; and WHEREAS, Owner and City desire to ensure that any future neighborhood commercial development is compatible with the adjacent Barrington Estates, especially with respect to the maximum height of any building or structure which may be constructed on the Property; and Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 1 of6 WHEREAS, section 20-31, Winter Springs Code, provides that at the request of a property owner, the City Commission may approve a rezoning request subject to restrictions which impose more restrictive requirements than otherwise permitted in the zoning district; and WHEREAS, Section 20-474, City of Winter Springs Code provides that the City Commission may approve, on a case-by-case basis, variations from the standards of the S.R. 434 guidelines; and WHEREAS, the current maximum building height for the Property is thirty-five (35) feet under the Suburban Estates classification and Owner desires to maintain that height limitation despite any applicable city code allowing a greater height; and WHEREAS, in furtherance of the property owner's request to amend the Comprehensive Plan and rezone the Property, Owner and City agree that the maximum height of any future structure or building on the Property should remain and be limited to two stories, not to exceed 35 feet in height, even if any applicable city code permits higher structures or buildings. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, Section 20-31(e), City of Winter Springs Code, and Section 20-474, City of Winter Springs Code. 3.0 Heig;ht-Zoning; Restrictions. No building or structure on the Property shall exceed two stories, not to exceed thirty-five (35) feet in height. 4.0 Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement as both a binding contractual obligation and as a binding condition of the rezoning referenced above. 5.0 Successors and Assig;Ds. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 2 of 6 6.0 Aoolicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8.0 Entire Al!reement; Exhibits. This Agreement and all attached exhibits hereto supercedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 9.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder ofthis Agreement. 10.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 12.0 Relationshio of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 13.0 Sovereil!D Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 14.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15.0 Interoretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Development Agreement City of Winter Springs and Janet M. Mann. Trustee Page 3 of6 16.0 Third-Pam Rie:hts. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 17.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage. Specific performance of these obligations may be obtained by a suit in equity. 18.0 Attornev's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term and condition of this Agreement. 20.0 Default: Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non-defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 21.0 Termination. This Agreement may only be terminated with the prior approval of the City Commission at a duly noticed and held public hearing. The City Commission reserves the right to administratively and unilaterally terminate any zoning restriction imposed hereunder after providing the Owner with written notice and an opportunity to be heard at a duly held public hearing. If the City Commission terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. [Signature Page Follows] Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 4 of6 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 5 of6 Signed, sealed and delivered in the presence of the following witnesses: JANET M. MANN, trustee (owner) of said property By: Janet M. Mann, trustee Signature of Witness Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 2007, Janet M. Mann, as trustee (owner), on behalf of said property. She is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 6 of 6 Exhibit 'A' / 1\./';(,..../ . / / X/ " Subject / Property Source: City of Winter Springs & Seminole County GIS Data. January 2007 I I I .~ o 175 350 700 Feet N Metes and Bounds Description: THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LESS ROAD RIGHT OF WAY, AND LESS. THE WEST 425 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: eEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62. PAGES 77 THROUGH 80, INCLUSIVE, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN 500'21'31 "E. ALONG THE EAST UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 321.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE SS9'22'S7"W, A DISTANCE OF' 206.37 FEET; THENCE NOO'37'03"W, A DISTANCE OF 5.00 FEET; THENCE S89'22'S7"W. A DISTANCE OF' 32.30 FEET TO A POINT ON THE EAST LI NE OF THE WEST 425.00' OF THE SOUTH 1/2. OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY UNE LINE RUN NDO'02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00' Of THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A. DISTANCE OF 318.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE N8S'SO'13"E, ALONG THE SOUTH LINE OF' SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 OF' THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4. A DISTANCE OF 2.36.86 fEET TO THE POINT Of BEGINNING. ORDINANCE 2007-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-lO" TO CITY OF WINTER SPRINGS "C-l 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 recommended approval of this Ordinance at their March 7, 2007 meeting; and WHEREAS, the City Commission ofthe 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. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of City of Winter Springs Ordinance No. 2007-03 Page I of 2 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-l 0" to City of Winter Springs "C-l Neighborhood Commercial" for the property legally described on Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby directed 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 2007-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007 -02 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 9th day of April ,2007. legal form and sufficiency for ter Springs only: Anthony A. Garganese, City Attorney First Reading: March 26, 2007 Second Reading: April 9, 2007 Effective Date: See :Section 5. City of Winter Springs Ordinance No. 2007-03 Page 2 of 2 Exhibit 'A' ~ / . , / ,~ A/X/..." S.(;.0OS00('N , 'x '/:/ / / /...,,~^ X'" Subject / Property '(f}'ff2 Source: City of Winter Springs & Seminole County GIS Data, January 2007 I o 175 350 700 Feet ~ N Metes and Bounds Description: THE SOUTH HALF (5 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4, TOWNSHIP 21 SOUTH. RANGE 31 EAST. LESS ROAD RIGHT OF WAY, AND LESS, THE WEST 425 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED ^S FOLLOWS: BEGIN AT THE SOUTHE^ST CORNER OF LOT 57, B^RRINGTON ESTATES. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62. PAGES 77 THROUGH 60, INCLUSIVE. IN THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST , /4 OF SECTION 4, TOWNSHIP 2' SOUTH, RANGE 31 EAST, SEMINOLE COUNTY. FLORIDA; THENCE RUN SOO'21'3,"E, ALONG THE EAST UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 32.1.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE S89'22'57"W, A DISTANCE OF 206.37 FEET; THENCE NOO.37'03"W, A DISTANCE OF 5.00 FEET: THENCE S89'22'57"W.' A DISTANCE OF 32.30 FEET TO A POINT ON THE EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY UNE LINE RUN NOO.OZ'ozQW. ALONG THE SAID EAST LINE DF THE WEST 425.00' OF THE SOUTH '/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SDUTHEAST 1/4 OF SAID SECTION 4, A. DISTANCE OF 31 B.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH UNE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE N69"SO'13Qe:. ALONG THE SOUTH LINE OF SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF' THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 236.86 FEET TO THE POINT OF BEGINNING.