HomeMy WebLinkAbout2007 05 29 Public Hearing 501 Ordinance Number 2007-07
CITY COMMISSION
May 29. 2007
Meeting
Consent
Information
Public Hearing X
Regular
ITEM 501
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REQUEST: The Community Development Department - Planning Division requests that the
City Commission hold a Public Hearing for Ordinance 2007-07, a Large Scale Comprehensive Plan
Amendment, which changes the Future Land Use Map designation of three (3) parcels containing
29.3 gross acres, more or less, located immediately west of DeLeon St. at Cress Run from (Seminole
County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (up to 1 unit
per gross acre) with "Conservation Overlay" (on those affected areas).
PURPOSE: To proceed with a city-initiated Large Scale Future Land Use Map (FLUM)
Amendment, changing the FLUM designation for three (3) parcels located immediately west of
DeLeon St. at Cress Run from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter
Springs) "Rural Residential" (uj> to 1 unit per gross acre) with "Conservation Overlay" (on those
affected areas).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4); The Local Planning Agency shall have the general responsibility for
the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of such
plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to
the governing body such changes in the comprehensive plan as may from time to time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprinl!s Charter Section 4.15 Ordinances in General.
Winter Sprinl!s Article III. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent:
Section 15-36. Review criteria:
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency shall
consider the application(s) at a Public Hearing, along with the staff review board's recommendation,
and recommend that the City Commission approve, approve with modifications (text only), or deny
May 29, 2007
City Commission Public Hearing Item 501
Page 2 of 10
the application for transmittal to the Department of Community Affairs. At a minimum, the Local
Planning Agency shall consider the same factors considered by the staff review board. The LP A shall
hold at least one (1) public hearing prior to making its recommendation to the City Commission.
CHRONOLOGY:
Nov. 27. 2000- Annexation of Subject Property (Ordinance 2000-40).
Seminole County and the City of Oviedo formally objected to the annexation. A FLUM amendment
was never adopted.
Nov. 2004- Seminole County's Urban/Rural Service Boundary established by referendum. The
Urban/Rural Service Boundary follows the City's eastern perimeter, placing the
Montgomery property within the urban service area.
April I!. 2007- Certified letter mailed, noticing property owner of the city-initiated amendment
April 17. 2007- Adjacent property owners within 150' notified by regular mail
April 19. 2007- Public Noticing in Orlando Sentinel ofLPA Public Hearing
May 2.2007- LPA held a Public Hearing and made recommendation of Approval re: Ord. 2007-07
May 17. 2007- Public Noticing in Orlando Sentinel of Public Hearing for I st Reading
May 29. 2007- Transmittal Hearing for Large Scale Comprehensive Plan Future Land Use Map
Amendment (Ordinance 2007-07)
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, FL 32708
Owner(s) - Donald E. Weaver, Trustee
Location -
Between Barrington Estates and DeLeon Street, north of Florida Av. at Cress Run
Site Information - The following three (3) parcels currently have a (Seminole County) "Rural-3"
(1 dwelling unit per 3 acres) Future Land Use and are being considered for this Future Land Use
change to (City of Winter Springs )"Rural Residential" (up to 1 unit per gross acre) with
"Conservation Overlay" (on those affected areas).
Total Acreage - 29.3 from survey (30.32 from property appraiser's data)
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser ParcelI.D.:
Property Acreage:
Property Legal Description;
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
226 CRESS RUN (STE 1000 & 1008); OVIEDO 32765
Donald E. Weaver, Trustee
844 Lake Mills; Chuluota, FL 32766
03-2l-3l-300-004B-0000
5.80
SEC 03 TWP 21 S RGE 31E N 2/3 OF S % OF E Y2 OF SW Y. OF
NW Y. (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42
FTW 197FTSTOAPTWOFBEGETOBEG&RD) .
Non-Conforming Use in Light Manufacturing
"A-3 Agricultural 3-Acre" (Seminole County)
"Rural-3" with "Conservation Overlay" (Seminole County)
"Rural Residential" with "Conservation Overlay" (Winter Springs)
May 29, 2007
City Commission Public Hearing Item 501
Page 3 of 10
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
217 CRESS RUN; OVIEDO 32765
Donald E. Weaver, Trustee
844 Lake Mills; Chuluota, FL 32766
03-21-31-300-004C-0000
1.37
SEe 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF S
2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT OF E 19 FT)
Non-Conforming Use in Light Manufacturing (Warehouse
Distribution & Storage)
"A-3 Agricultural 3-Acre" (Seminole County)
"Rural-3" with "Conservation Overlay" (Seminole County)
"Rural Residential" with "Conservation Overlay" (Winter Springs)
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'c'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
CRESS RUN; OVIEDO 32765
Donald E. Weaver, Trustee
844 Lake Mills; Chuluota, FL 32766
03-21-31-300-0090-0000
19.1
SEC 03 TWP 21 S RGE 31E W Y2 OF SW y.. OF NW y..
Agricultural- Ornamental Nursery Plant Material
"A-3 Agricultural 3-Acre" (Seminole County)
"Rural-3" with "Conservation Overlay" (Seminole County)
"Rural Residential" with "Conservation Overlay" (Winter Springs)
Chronology of Subiect Property - The Weaver property has been under the same ownership for
more than twenty years. At one time this property was utilized for the production of water cress.
Existing Land Uses- The largest parcel is currently leased to COD trees for the production of
ornamental nursery stock and includes a cell tower. One of the parcels contains numerous steel
buildings which are leased to various tenants with non-conforming light industrial uses including
warehousing, storage and distribution.
Adjacent existing land uses, zoning and FLUM designations include the following:
I, \i...till:l, I and l ...l.... IUlllllg I I,t \1
South
Generally Undeveloped
A-3 Agriculture
(SC) in Winter
Srins
A-3 (SC)
in Winter S rin s
A-3 (SC)
in Winter S rin s
A-3 (SC)
R-1 (WS)
Rural-3 (maximum of one
dwelling unit per 3 acres) (SC)
in Winter S 'n s
Rural-3 (SC)
in Winter S rin s
Rural-3 (SC)
in Winter S rin s
Rural-3 (SC)
Low Density Residential (WS)
Subject Sites
Ornamental Nursery
Stock Production and
Li ht Manufacturin
Generally Undeveloped
North
East Light Manufacturing! Agriculture
West Single Family Residential
(WS) Winter Springs; (SC) Seminole County;
Development Trends - This area of the County is experiencing intensive development pressure as
evidenced by new development along SR 434 and Florida Avenue. For this reason, Seminole County
sponsored a referendum, establishing an Urban/Rural Service Boundary as part of the County Charter
in 2004. The Boundary borders the subject property on the east, which is also the eastern edge of the
May 29, 2007
City Commission Public Hearing Item 501
Page 4 of 10
City of Winter Springs. [The Boundary restricts land use changes on properties located to the east in
the rural area of Seminole County, from land use changes, without the approval of the Board of
County Commissioners.] The subject property is not in the area restricted by the Urban/Rural Service
Boundary.
Proposed Future Land Use Classification - The proposed change in the future land use map
designation from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential" is
compatible with adjacent land uses in the City of Winter Springs.
Letters/Phone Calls In Favor Or Oooosition - One neighbor in Barrington Estates called to
express concern about his property value being reduced, due to the proposed change.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues, which staff analyzed in reviewing this
application:
Justification for Future Land Use Desienation -
Although this property was annexed into the City six and a half years ago, it never received a City of
Winter Springs Future Land Use designation.
The subject property is immediately adjacent to the City's new annexation boundary (DeLeon Street).
Given the prevailing character of the area, the City Commission has directed Staff to proceed with a
city-initiated Small Scale FLUM Amendment, to change the Future Land Use Map designation for
the subject property from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter
Springs) "Rural Residential" (up to 1 unit per gross acre) with "Conservation Overlay" (on those
affected areas). The Future Land Use Element describes these designations as:
"The Rural Residential category is mainly reserved for large lot single-family residences
not exceeding one unit per acre. Accessory structures and primary agricultural uses may
be permitted based upon the appropriate surrounding land uses."
In addition, portions of the site as described hereafter are included in a Conservation Overlay. The
Future Land Use Element describes this designation as:
"The conservation overlay area shown on the Future Land Use Map (FLUM) is intended to
protect areas that may potentially contain protected wildlife habitat areas, hydric
soils/wetlands, and special vegetative communities. Included within the Conservation
Overlay definition are areas within a public water well radius of 500 feet, within the 100-
year floodplain, and other areas subject to environmental or topographic constraints. The
area designated as conservation overlay on the FLUM is not intended to prevent
development, but rather identify sensitive areas that need to be reviewed carefully during
the review process to determine whether development should be permitted or if some form
of mitigation may be necessary. If the areas are determined not to be sensitive, then the
underlying land use development density and/or intensity will be applicable."
The City Commission desires that the land use transition from Low Density Residential at Barrington
Estates to a less intense classification at the edge of the City and adjacent to the Black Hammock
area. "Rural Residential" is the designation most similar to the existing Seminole County "Rural-3"
designation and the least intensive of the City's future land use categories.
May 29, 2007
City Commission Public Hearing Item SOl
Page 5 of 10
Concurrency -
The request for a large scale comprehensive plan amendment, which is viewed as a preliminary
development order (where no approval for construction is made), is not subject to Concurrency.
Concurrency review has been deferred until application for a final development order for the subject
property, in accordance with the Concurrency Management System established in the City's
Comprehensive Plan.
Public Facilities -
ROADSffRAFFIC CIRCULA nON:
Availability of Access:
Access is to the property is currently available from DeLeon Street (a Minor Collector Street), which
connects to S.R 434. (This access is shared with Eagle Bay Wood Products, Inc.) The south edge of
the property abuts the undeveloped Florida Avenue RO.W. The small ROW referred to as Beacon
St. which connects to S.R. 434 along the west edge of the property is not available as an access due to
its narrow width and environmental constraints (wetlands). Although access from the site will not be
directly off of S.R 434, it is expected that the majority of traffic to and from the site will connect to
S.R 434.
The proposed land use allows up to one unit per gross acre, equaling a maximum of 29 single family
homes, dependant upon the exact acreage. Twenty-nine (29) units might generate an estimated 277
daily trips and 29 PM peak hour trips per the ITE Trip Generation Report, 1h Edition.
A weekday traffic count performed in 2006 at Cress Run and DeLeon Street by TPD, Inc. showed
that the current use of the site generates 146 daily trips and 22 PM peak hour trips. .
Therefore the net change in trip generation (at such time as the property develops based on 29 single
family detached homes) is approximately 131 daily trips and 7 PM peak hour trips, which would be
considered an insignificant increase in traffic.
POTABLE WATER:
The subject property is not currently served by the City of Winter Springs for potable water. A 12"
service line extends on the north side of State Road 434 along the Barrington Estates frontage. A
water line also extends from Westcott Loop and Wrentham Ct. through Barrington Estates to the west
property line of the subject property, but is probably not adequately sized to support connection. Tie
in would need to connect at the 8" Westcott Loop/Wrentham Ct. water main or at S.R. 434.
Available capacity exists to serve future development.
W ASTEW ATER
Current uses within the property area are served by private septic systems for wastewater services.
City sewer service is currently available along State Road 434 and within Barrington Estates.
Available capacity exists to serve future development.
RECLAIMED WATER:
There are no reuse water lines within the vicinity of the subject property.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service.
May 29, 2007
City Commission Public Hearing Item 50 I
Page 6 of 10
SOLID WASTE:
The City of Winter Springs currently has an exclusive franchise agreement with a solid waste hauler,
Waste Pro of Florida, Inc. who provides service to this area.
STORMWATERMANAGEMENT:
The property will be subject to the Florida Dept of Environmental Protection (FDEP) Outstanding
Florida Waters Program standards for stormwater management as required for Barrington Estates.
RECREATION & OPEN SPACE:
Future development will be required to meet concurrency standards for park and recreational facilities
as required by the Comprehensive Plan Recreation and Open Space Element.
POLICE:
Under the First Response Agreement between the cities and the County, the closest entity will service
the subject property. It is likely that the Oviedo Police would be the first responders.
FIRE:
Under the First Response Agreement between the cities and the County, the closest entity will service
the subject property. A Fire Station is currently housed in City Hall, approximately four miles from
the subject property. Emergency Service Response Time is less than five minutes.
Nuisance Potential Of Pro Dosed Use To Surroundine: Land Uses-
The change in designation from (Seminole County) "Rural-3" to (City of Winter Springs) "Rural
Residential" with "Conservation Overlay" (on those affected areas) and future development of the
properties into single family detached residential lots is compatible with surrounding properties and
will not be a nuisance to the adjacent properties. The Rook and Montgomery properties to the east
are also being considered for the same land use change.
Natural Resources COIDDatibilitv-
The properties under consideration include environmentally sensitive areas. Approximately 25-30%
of the property is constrained by wetlands.
Any future development will be required to comply with the SJR WMD requirements related to
wetland mitigation and will be required (by Winter Springs) to include a 25' upland wetland buffer to
any wetlands not being mitigated and placed in a conservation easement. The Conservation
Overlay designation includes this area.
SOILS
The dominant soils on the subject property are BasingerlDelray fine sands which are characterized as
being nearly level and poorly drained and very poorly drained. These soils are poorly suited to use
for home sites and other urban development due to wetness. To overcome wetness, a water control
system will be needed to provide for subsurface drainage and to remove excess surface water. Fill
material will be required to be added to make the site suitable for urban purposes. It can be assumed
that fill material was previously placed on-site prior to its initial development.
FLOOD PRONE AREAS
The Solary Canal flows north on the west side of DeLeon Street. This drainageway and the land
immediately around it are indicated on FEMA maps as floodways and flood plains. However, the
May 29, 2007
City Commission Public Hearing Item 501
Page 7 of 10
Canal is deeply channeled and staff is unaware of any flooding. Current City code does not allow
construction of any structures within the flood plain. The Conservation Overlay includes this area.
Any future development will be required to comply with FDEP and SJRWMD regulations. The site
does not have an on-site stormwater collection system.
HISTORIC RESOURCES
None identified.
WILDLIFE
An environmental analysis will be required prior to future development to identify if any listed
species are located on the site. Appropriate permits will be required before any future development
occurs.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Consistency with the Comprehensive Plan is determined when the land uses, densities, or intensities,
capacity or size, timing and other aspects are compatible with and further the objectives, policies,
land uses and densities or intensities in the comprehensive plan.
Need for Residential Land
The Comprehensive Plan indicates that a substantial amount of new housing units will be needed
from 2000 to 2010 to serve City residents. The City's Housing Element, Policy 1.1.1 states, "The
City's Future Land Use Map shall include adequate amounts of land to accommodate the projected
housing growth." Changing the future land use designation to "Rural Residential" furthers the intent
of the Future Land Use Element for increased residential property in the City.
Recently, the City adopted an Annexation Boundary into its Code and is adding similar language into
the Comprehensive Plan that limits the expansion of the City's boundary to the east. Such action will
limit lands available for development and will encourage infill development.
The "Rural Residential" classification allows a maximum of one unit per acre, which would allow up
to 29 homes.
Land Use Compatibility
Future Land Use Element, Objective 1.5. Land Use Compatibility, states, "Future development must
be consistent with the adopted Future Land Use Map and existing incompatible uses shall not be
allowed to expand and shall be eliminated, when feasible" and Future Land Use Element, Policy
1.5.1: Inconsistencies, states: "Proposed land use amendments which are inconsistent with the
character of the community or inconsistent with adjacent future land uses shall not be approved by
the City." The removal of the non-conforming industrial uses currently existing on this property will
further this objective of the Comprehensive Plan.
Intergovernmental Coordination
The Comprehensive Plan Intergovernmental Element clearly states that the City is to coordinate and
promote land use compatibility with other governmental entities as plans are reviewed (Future Land
Use Element, Objective 1.7 and Policy 1.7.1). Intergovernmental notices of the public hearings were
given to the Seminole County School Board, Seminole County, and the City of Oviedo. No formal
response was been received either in support or objecting to the requested change in land use.
May 29, 2007
City Commission Public Hearing Item 501
Page 8 of 10
Land Use Comoatibility and Nei~borhood Bufferin~
Future Land Use Element, Objective 1.5. Land Use Compatibility, states, "Future development must
be consistent with the adopted Future Land Use Map and existing incompatible uses shall not be
allowed to expand and shall be eliminated, when feasible" and Future Land Use Element, Policy
1.5.1: Inconsistencies, states: "Proposed land use amendments which are inconsistent with the
character of the community or inconsistent with adjacent future land uses shall not be approved by
the City." The removal of the non-conforming industrial uses currently existing on this property will
further this objective of the Comprehensive Plan.
Where incompatible uses exist, neighborhood buffering is required. Housing Element, Policy 2.2.7:
states, "The City shall continue to require, through the City Code, adequate buffering and screening
of residential neighborhoods from incompatible uses, which could adversely impact existing
neighborhoods.
Wetland Buffers
Conservation Element, Policy 1.4.2 states, "In order to prevent development from having adverse
impacts to existing wetlands, the natural upland buffer shall be preserved a minimum of twenty-five
(25)feetfrom the edge of the wetland. Where a wetland is unavoidably impacted by development, the
development willl1e subject to the mitigation requirements of the pertinent regulatory agency. " The
development will be required to provide this buffer to wetlands.
Intergovernmental Coordination
The Comprehensive Plan Intergovernmental Element clearly states that the City is to coordinate and
promote land use compatibility with other governmental entities as plans are reviewed (Future Land
Use Element, Objective 1.7 and Policy 1.7.1). Intergovernmental notices of the public hearings were
given to the Seminole County School Board, Seminole County, and the City of Oviedo. No formal
response was been received either in support or objecting to the requested change in land use.
Transportation Element
Transportation Element Objective 1.7 states, "Throughout the planning period, the City shall
coordinate the transportation system needs with land use designations and ensure that existing and
proposed population densities, housing, and employment patterns and land uses are consistent with
the transportation modes and services proposed for these areas" and Objective 1.9 states, "Traffic
circulation planning will be coordinated with... transportation related agencies."
As stated in the analysis, the net traffic volumes generated from the proposed project are considered
to be insignificant when compared to the existing volumes on S.R. 434.
FINDINGS:
(1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's
budget, or the economy of the city or the region;
The future development of the subject property into single family homes will increase tax revenue
generated for the City on what is primarily vacant land.
(2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities;
The inclusion of an additional 29 single family residential units will not reduce the current operating
capacities or LOS for public facilities in the City.
(3) Whether there will be a favorable or unfavorable impact on the environment or the natural or
historical resources of the city or the region as a result of the proposed amendment;
May 29, 2007
City Commission Public Hearing Item 501
Page 9 of 10
The future development of the property is expected to have a favorable impact on the environment by
providing stormwater management for a site that currently has none and that has historically had uses
that may have contributed to stormwater contamination. Stormwater will be subject to the FDEP
Outstanding Florida Waters Program standards for stormwater management.
(4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state
comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional
Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code;
The proposed amendment is consistent with the goals, objectives and policies of the State
Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central
Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is not longer
required as this rule was repealed.
(5) Whether the City is able to provide adequate service from public facilities to the affected
property, if the amendment is granted, and whether the amendment will promote the cost/effective use
of or unduly burden public facilities;
The City is able to provide adequate service to the development without burdening the City's public
facilities.
(6) Whether the amendment is compatible with surrounding neighborhoods and land use,'
The change of the Future Land Use Map designation will not result in any incompatible land uses,
including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting,
appearance, and other factors deemed important.
(7) Whether approval of the amendment will cause the comprehensive plan to be internally
inconsistent;
The request is consistent with all applicable goals, objectives and policies of the City's adopted
Comprehensive Plan and furthers the consistency of the Comprehensive Plan.
(8) Whether the proposed amendment will promote or adversely affect the public health, safety,
welfare, economic order, or aesthetics of the city or region; and
The change in land use promotes the public health, safety, welfare, economic order, and aesthetics of
the immediate area and is in conformance with the putpose and intent of the City Code and with all
applicable requirements.
(9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191,
Florida Statutes.
The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of the Florida
Administrative Code.
LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning & Zoning BoardlLP A on May 2, 2007, the
Board/Agency recommended unanimous approval of Ordinance 2007-07, with a vote of 4-0,
based on "satisfaction of all the findings."
May 29, 2007
City Commission Public Hearing Item 501
Page 10 of 10
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First ReadingITransmittal
Hearing of Ordinance 2007-07, a Large Scale Comprehensive Plan Amendment, which changes the
Future Land Use Map designation of three (3) parcels containing 29.3 gross acres, more or less,
located immediately west of DeLeon St. at Cress Run from (Seminole Co.) "Rural-3" (1 dwelling unit
per 3 acres) to (Winter Springs) "Rural Residential" (up to 1 unit per gross acre) with "Conservation
Overlay" (on those affected areas).
ANTICIPATED IMPLEMENTATION SCHEDULE:
June 05. 2007- Transmittal to Florida DCA and other agencies
Aug. 08.2007- ORC Report expected from the State
Sept. 10. 2007- City Commission Public Hearing for 2nd Reading and Adoption.
ATTACHMENTS:
A- Noticing in the Orlando Sentinel
B- Minutes from the P&Z / Local Planning Agency Meeting, May 2, 2007
C- Current Future Land Use Map, April 2007
D- Proposed Future Land Use, April 2007
E- Ordinance 2007-07 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
ATTACHMENT A
THURSDAY, APRIl 19. 2007
G4 orlando sentinel
LEGAL NOTICES
NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN
AND ZONING MAP CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT:
ORDINANCE NO. 2007-06
AN ORDINANCE Of THE CITY COMMISSlON THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA. RELATING AOOPTlON Of AN AMENlMENT 10 1llE R/TURE lAItl USE MAP BY DESIGNA1I<<l CEIlTAIN REAL PROPERlY WllHlH TIt: CIIY
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS,
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY
"RURAL" 3 TO CITY OF WINTER SPRINGS 'PUBLIC/SEMI PUBLIC' WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS);
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDlNG FOR TRANSMITTAL OF THE PLAN TO
THE DEPARTMENT OF COMMUNlTY AFFAIRS; PROVIDING FOR 'TRANSMITTAL OF THE PALN TO
THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR 'THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (See Map below, Site '1', for location).STENT ORDINANCES AND
ORDINANCE NO. 2007-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS GENERALLY DESCRIBED AS THREE (3) PARCELS OF LAND, CONTAINING 29.3 GROSS ACRES MORE OR LESS,
AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN, MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT 'A', ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL
RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
(SEE MAP BELOW SITE '2' FOR LOCATION).
ORDINANCE NO. 2007-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CTY Of WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A SMALL
SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON STREET IN WINTER
SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBT 'A' ATTACHED HERETO, FROM
SEMINILE COUNTY 'RURUAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE
AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '2', FOR LOCATION).
ORDINANCE NO. 2007-10
AN ORDINANCE Of THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 'EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE
COUNTY 'RURAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE AFFECTED'
AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION
INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '3' FOR LOCATION).
ORDlNANCE NO. 2007-14
AN ORDINANCE Of THE CITY COMMlSSION OF THE CITY OF WINTER SPRINGS FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING THREE (3) PARCELS TOTALING 29.3 ACRES, MORE OR LESS, AND LOCATED GENERALLY
ON THE WEST SIDE OF DELEON STREET AT CRESS RUN IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R-C1
SINGLE FAMILY DWELLING'; PROVIDING FOR THE REPEAL OF PRIOR; INCONSISTENT ORDINANCES AND RESOLUTIONS
SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE'3' FOR LOCATION).
ORDINANCE NO. 2007-15
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 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON
STREET IN WINTER SPRINGS, FLORIDA AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED
HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R C-1 SINGLE FAMILY DWELLING', PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION).
ORDINANCE NO. 2007-16
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 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN
IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED
HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R-C1 SINGLE FAMILY DWELLING'; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION).
PUBLIC HEARINGS
FOR FIRST READING & TRANSMITTAL
Will BE HELD ON
TUESDAY, MAY 29.2007 AT 5:15 P.M.
OR SOON THEREAFTER IN THE COMMISSION ,CHAMBERS
LOCATED AT THE WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA
The proposed ondinances may be obtained by interested parties between 8 a.m. and 5 p.m., Monday, through Friday, at the City Clerks
Office, located at 1126 E. SR 434, Winter Springs, FIorida For more Information, call (407) 327-1800 #227. Persons with disabilities
needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours
In advance of the meeting at (407) 327-1800, #236. 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 Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such
purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE 6 OF 13
PUBLIC HEARINGS
501. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2007-07, A Large Scale Comprehensive Plan Amendment, Which Changes The
Future Land Use Map Designation or Three (3) Parcels Containing 29.3 Gross
Acres, More Or Less, Located Immediately West or DeLeon Street At Cress Run
From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter
Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation
Overlay" (On Those Affected Areas).
Ms. Sahlstrom introduced this Agenda Item and said, "There again, we do have the
Citizen Courtesy Information List if you are here on this particular item, there is a sheet
out there and it is designated to the Weaver property, and if you were not in here earlier
when I mentioned that this is something that is transmitted with the item to the State and.
then the State will notify you as it moves forward."
A Map was shown of the property site.
Ms. Sahlstrom stated, "At the direction of the City Commission, Staff is proceeding with
this item as a City initiated Large Scale Future Land Use Map (FLUM) Amendment to
change the designation from its existing Seminole County designation to a Winter
Springs designation." Ms. Sahlstrom said, "When it went to the Commission for
Transmittal for. the Public Hearing and for the Transmittal Hearing, the Commission
declined to move it forward and it was at that time that the Commission directed Staff to
come back in at the next cycle because Large Scale.Comp[prehensive] Plan Amendments
are only allowed to go to the State twice a year."
An Aerial Map of the property was shown.
Next, Ms. Sahlstrom said, "We feel that this is justified as 'Rural Residential' in keeping
with the idea of a transition between higher intensive Uses to the 'Rural' Black
Hammock area as desired particularly by the City Commission." Ms. Sahlstrom also
stated, "We have sent Notices to the County and to the various cities and I have had
several conversations with the County and they determined that they would not send
anybody to the Meeting tonight, but I have asked them to draft a letter giving their
response so that we would have that when it goes to the Commission Meeting."
Ms. Sahlstrom stated, "Staff does recommend that you Approve this item to go forward
to the Commission for First Reading and Transmittal Hearing."
Ms. Margaret A. Wharton, P.A., Esquire, 103 South Brown Avenue, Orlando, Florida:
and stated for the Record that she is not the Applicant. Representing Mr. Weaver, the
owner of the property, Ms. Wharton distributed correspondence to the Board Members.
Ms. Wharton is opposed to this Ordinance going forward.
Tape lISide B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE 7 OF 13
Ms. Sahlstrom said, "Under our Non-Conforming Use Ordinance, it states that a Non-
Conforming Use has to stay in its current location and not expand and not change
locations." Ms. Sahlstrom then said, "I did want to state that it was my understanding
based on this being a different parcel and that business did not apply and, of course, 1
would have to defer to legal counsel for that."
Discussion ensued on the property.
Chairman Poe opened the "Public Input" portion of the Agenda Item.
Mr. Gary Adair, 476 Verandah Court, Winter Springs, Florida: as the owner of Mid-
Florida Motorsports, Mr. Adair expressed his concerns if the current Land Use is
changed. Also spoke about the permits on the buildings. Concerned about the future
'Use' of industrial buildings.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
Discussion ensued on Zoning change.
"I WOULD MAKE A MOTION THAT WE - THE LOCAL PLANNING AGENCY
RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE FIRST
READING TRANSMITTAL HEARING ADOPTION OF ORDINANCE 2007-07, A
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT WHICH CHANGES
THE FUTURE LAND USE MAP (FLUM) DESIGNATION THREE (3) PARCELS
CONTAINING 29.3 GROSS ACRES MORE OR LESS LOCATED
IMMEDIATELY WEST OF DELEON STREET AT CRESS RUN FROM
SEMINOLE COUNTY 'RURAL-3' ONE (1) DWELLING UNIT PER THREE (3)
ACRES TO WINTER SPRINGS 'RURAL RESIDENTIAL' UP TO ONE (1) UNIT
PER GROSS ACRE WITH THE 'CONSERVATION OVERLAY' ON THOSE
AFFECTED AREAS AND ALSO SATISFACTION OF ALL THE FINDINGS.
THERE ARE NINE (9) FINDINGS." MOTION BY ADVISORY BOARD
MEMBER BROWN. SECONDED BY VICE CHAIRPERSON TILLIS.
DISCUSSION.
VOTE:
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
ATTACHMENT C
CURRENT FUTURE LAND USE MAP - APRIL 2007
ATTACHMENT D
PROPOSED FUTURE LAND USE - APRIL 2007
ATTACHMENT E
ORDINANCE NO. 2007-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP
BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF
WINTER SPRINGS GENERALLY DESCRIBED AS THREE (3) PARCELS
OF LAND, CONTAINING 29.3 GROSS ACRES, MORE OR LESS, AND
LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT
CRESS RUN, MORE P ARTICULARL Y DEPICTED AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO, FROM
SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS
"RURAL RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON
THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND
LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR
TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the
amendment of comprehensive plans, pursuant to which the City of Winter Springs has established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures established in chapter 163, Part II, Florida
Statutes, on the proposed comprehensive plan amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
the subject property large scale comprehensive plan amendment to the Florida Department of
Community Affairs for its review and comment; and I
.:';
WHEREAS, on May 29, 2007, the City Commission held a public hearing on the proposed
City of Winter Springs
Ordinance No. 2007-07 ..'
Page 1 of 3
~&
amendment and approved transmittal of the future land use map amendment of the subject property
to the Florida Department of Community Affairs (DCA); and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements of
the Local Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, the City Commission hereby finds that this Ordinance 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. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulation Act, sections 163.3184
and 163.3187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt the large
scale comprehensive plan amendment designating the subject property from Seminole County
"Rural-3" to City of Winter Springs "Rural Residential" with "Conservation Overlay" (on those
affected areas).
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property, depicted in Exhibit "A" as Seminole County "Rural-3" to City of Winter Springs "Rural
Residential" with "Conservation Overlay" (on those affected areas). Exhibit" A" is attached hereto
and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted comprehensive plan
amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. Ifany 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 I\0t affect the validity of the
remaining portions of this Ordinance. ,:;
City of Winter Springs
Ordinance No. 2007-07
Page 2 of 3
~
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status. After and from the effective date of this amendment, the
comprehensive plan amendment set forth herein shall amend the City of Winter Springs'
Comprehensive Plan and become a part of that plan and the amendment shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
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
Transmittal Hearing:
Adoption Hearing:
Effective Date:
1
City of Winter Springs
Ordinance No. 2007-07
Page 3 of 3
==---
EXHIBIT A
Ordinance 2007-07
Parcel #s & Legal Descriptions:
03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF S % OF E Yz OF SW % OF NW %
(LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S
TO A PT W OF BEG E TO BEG & RD)
03-21-31-300-004C-0000: SEC 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF S
2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT OF E 19
FT)
03-21-31-300-0090-0000: SEC 03 TWP 21 S RGE 31E W Yz OF SW % OF NW %
Date: May 29, 2007
The attached was referenced by Ms. Margaret
Wharton, Esquire during the discussion of
Public Hearings Agenda Item "SOl" at the May
29, 2007 City Commission Special Meeting.
.
\,.
September 20, 2000
Thomas J Grimms, AlCP
Comprehensive Planning/Zoning Coordinator
] 126 East SR 434
Winter Springs, FL 32708
Dear Mr. Grimms:
Please be advised that three (3) applications for annexation into Winter Springs has been
received in your office. Since we were invited to file the papers it is our understanding
that the fees will be waived. It is our intention for the following to be accepted:
· It is my intention to be granted the non-conforming uses that I presently have
approved based on the 1991 Comprehensive Plan Update and the Greenway Study.
(See the attached list oftradesloccupations).
· Taxes will be increased to cover the additional services of the fire and police from
Winter Springs.
· If Winter Springs does not furnish us with the required utilities within one (1) year
after a formal request has been submitted to you from us then we will be granted
deannexation from Winter Springs.
· On the annexation applications the land use shall be changed to three (3) houses per
acre maxImum.
· The existing metal buildings located on 1650 and 1740 Deleon Street will he used for
light industrial or commercial. This will allow for the existing businesses to continue
their daily operations.
· The urban boundary service line will be the responsibility of Winter Springs and will
be moved to Deleon Street.
· The ten (10) foot buffer between Battle Ridge and Winter Springs will be the sole
responsibility of Winter Springs.
· We will cooperate with Winter Springs but will have no legaVfinancial responsibility
in case of contesting between Seminole County or Oviedo.
Should it be necessary you may read this letter into the record at the time of the
annexation public hearing.
Contact me at my home (407-365-5022) should there be additional questions! concerns.
Donald E. Weaver
844 Lake Mills Road
Chuluota, FL
... Semino[e Count\' Government
(
Currcnt l'J..nnlllf, D"'lSlon IIDI US! First -"trcct S;lI1(ord Fl .'1=--1 "lclcl'l,ollo ('10- .1=1.1 I.'\() Ext -".15;-'1'14 I'A); j2!\.3=j')
October 30, 1996
Mr. Don E Weaver
844 Lake Mills Road
Chuluota, Florida 32766
Re: Don E Weaver Rev Trust
Tax ID#: 03-21-3] -300-0040-0000
1650 Deleon Street
Dear Mr. Weaver:
Based upon a recent inspection by our Code Enforcement Inspector and your letter
of October 23, ]996, we are in agreement as to the uses which you have enumerated in
your letter, Those businesses are as follows:
Mid-Florida Motorsports and Global Contacts
These businesses are classified as non-conforming and therefore are subject to the
applicable regulations within the Land Development Code (Sec. 30.1348). These uses
were determined to be non-conforming uses and approved to remain based upon the 1991
Comprehensive Plan Update and the Greenway study. If, in accordance with the
regulations, these uses cease for a period of 180 days or longer, its future use shall revert
to the uses permitted in the district in which said land is located.
The fact that these uses are considered to be non-conforming does not relieve the
property owner horn any required compliance with applicable Public Safety requirements.
Thank you for your letter with the information regarding these businesses and I
will have c:..!!" Code ~,T'J();rpn")e~~t OI1l:::p. :erfl1jl1~tP. their activity relative to any alleged code
violations on tlus property. IfI may be of further assistance, please let me know.
Sincerely,
~J~--,--
~ !
. John Dv,)'er
Current Planning .Manager
cc Pamela Taylor, Code Inspector
Colleen Rotella, Comprehensive Planning Di\
Seminole County Property Appraiser Get Information by Parcel Number
PARCEL DET!\IL
DA~~OHN90N.CFA,A5A
PROPERTY
APPRAISER
SEMINOLE COUNTY FL
1101 E. FIRST ST
SANFORD, FL32771-1468
407-665-7506
GENERAL
Parcelld: 03-21-31-300-004B-0000
Owner: WEAVER DONALD E TRUSTEE
Own/Addr: FBO
Mailing Address: 844 LAKE MILLS RD
City,State,ZipCode: OVIEDO FL 32766
P rty Add 226 CRESS RUN (SUITES 1000 & 1008) WINTER
rope ress: SPRINGS 32708
Facility Name:
Tax District: W1-WINTER SPRINGS
Exemptions:
Dor: 48-WAREHOUSE-DISTR & ST
Deed
SPECIAL
WARRANTY DEED
SALES
Date Book Page Amount Vacllmp Qualified
0711984 01585 0866
$100 Improved No
Find Sales within this DOR Code
LAND
Land Assess
Method
ACREAGE
Frontage Depth
Land Unit
Units Price
5.800 25,000.00
o 0
Page] of2
2007 WORKING VALUE SUMMARY
Value Method:
Number of Buildings:
Depreciated Bldg Value:
Depreciated EXFT Value:
Land Value (Market):
Land Value Ag:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
Tax Estimator
Market
5
$593,303
$31,780
$145,000
$0
$770,083
$770,083
$0
$770,083
2006 VALUE SUMMARY
2006 Tax Bill Amount: $3,218
2006 Taxable Value: $181,177
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
Bid Bid Class Year Fixtures Gross Stories ExtWall Bid Est. Cost
Num Bit SF Value New
1 STEEUPRE 1973 0 3,000 1 METAL PREFINISHED $37,253 $71,641
ENG
Subsection I Sqft CANOPY I 200
2 STEEL/PRE 2000 2 5,000 1 METAL PREFINISHED- $118,318 $132,199
ENG INSULATED
3 STEEUPRE 2000 2 5,000 1 METAL PREFINISHED- $116,862 $130,572
ENG INSULATED
4 STEEL/PRE 2003 0 5,700 1 METAL PREFINISHED- $160,435 $170,675
ENG INSULATED
5 STEEL/PRE 2003 0 5.700 1 METAL PREFINISHED- $160,435 $170,675
ENG INSULATED
Permits
EXTRA FEATURE
Description Year Bit Units EXFT Value Est. Cost New
COMMERCIAL CONCRETE DR 4 IN 2000 219 $361 $438
COMMERCIAL ASPHALT DR 2 IN 2000 45,884 $31,4 1 9 $38,084
LEGAL DESCRIPTION
LEG SEC 03 TWP 21S RGE 31E N 2/3 OF S
Land 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS
Value BEG SE COR RUN
$145,000 N 385.75 FT W 245 FT S 42 FT W 197 FT S
TO A PT W OF BEG E TO BEG & RD)
BUILDING INFORMATION
NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad
valorem tax purposes
http://v.'W\v.scpafl.org/web/re web.seminole county title?P ARCEL=032] 31300004BOOOO... 5/2/2007
Seminole County Property Appraiser Get Information by Parcel Number
PARCEL DETAIL ~
7A 33.A jj
4(1
DAVID .JOHNBON. CFA. ASA dI
~ 9
PROPERTY CRESS R N 48 34.A .:.\
J.i
.t.:;
APPRAISER .., I y;
4C _4
SEMINOLE COUNTYFL 4-9 35.0
1 701 E. FIRST 5T ~1 ,3 :i...>
SANFORO, Fl..32771-1468
407-665-7508
.[jj
!;7
GENERAL
Parcelld: 03-21-31-300-004C-0000
Owner: WEAVER DONALD E REV TRUST
Own/Addr: FSO
Mailing Address: 844 LAKE MILLS RD
City,State,ZipCode: OVIEDO FL 32766
Property Address: 217 CRESS RUN OVIEDO 32765
Facility Name:
Tax District: W1-WINTER SPRINGS
Exemptions:
Dor: 27-AUTO SALE AND SERVIC
Page 1 of 1
2007 WORKING VALUE SUMMARY
Value Method:
Number of Buildings:
Depreciated Bldg Value:
Depreciated EXFT Value:
Land Value (Market):
Land Value Ag:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
Tax Estimator
SALES
Deed Date Book Page Amount Vacllmp Qualified
CERTIFICATE OF
TITLE
WARRANTY DEED
WARRANTY DEED
WARRANTY DEED
WARRANTY DEED
WARRANTY DEED
01/1996 03014 0297
$100 Improved
08/1994 02820 0161 $100 Improved
04/1994 02751 0967 $225.000 Improved
07/1990 02208 0171 $225.000 Improved
12/1989 02137 0927 $142,000 Improved
12/1988 02026 0004 $8,700 Improved
Find Sales within this DOR Code
LAND
No
Market
1
$168,399
$3,722
$34,250
$0
$206,371
$206,371
$0
$206,371
No
No
No
No
No
2006 VALUE SUMMARY
2006 Tax Bill Amount: $2,336
2006 Taxable Value: $131,543
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
LEGAL DESCRIPTION
Land Assess
Method
ACREAGE
Frontage Depth
o 0
Land Unit
Units Price
1.370 25,000.00
SEC 03 TWP 21S RGE 31E W 197 FT OF E
442 FT OF S 343.75 FT OF S 2/3 OF N 3/4 OF
E 1/2 OF SW
1/4 OF NW 1/4 (LESS S 100 FT OF E 19 FT)
BUILDING INFORMATION
Bid Num Bid Class Year Bit Fixtures Gross SF Stories
1 STEEUPRE ENG 1973 2 8,046
Land
Value
$34,250
Ext Wall Bid Value Est Cost New
METAL PREFINISHED $168,399 $323,845
EXTRA FEATURE
Description Year Bit Units EXFT Value Est. Cost New
COMMERCIAL ASPHALT DR 2 IN 1979 10,094 $3,351 $8,378
ALUM UTILITY SLOG NO FLOOR 1979 160 $256 $640
PATIO CONC COMM 1979 144 $115 $288
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 urchased a homesteaded ro ert our next ear's ro rt tax will be based on Just/Market value.
http://wv/\\'.scpafl.org/web/re_ web. seminole_county title?P ARCEL=032131300004COOOO... 5/2/2007
Seminole County Property Appraiser Get Information by Parcel Number
Personal Property Please Select Account
PARCEL DI:T/'.li
DAVID~OHN90N.CFA.ASA
PROPERTY
APPRAI!iER
SEMINOLE COUNTY FL
nOl E.F1RST.ST
BANFORD. FL32771-1488
407 - 66E-7506
Page 1 of 1
2007 WORKING VALUE SUMMARY
GENERAL
Parcelld: 03-21-31-300-0090-0000
Owner: WEAVER DONALD E TRUSTEE
Own/Addr: FBO
Mailing Address: 844 LAKE MILLS RD
City,State,ZipCode: OVIEDO FL 32766
Property Address: CRESS RUN OVIEDO 32765
Facility Name:
Tax District: W1-WINTER SPRINGS
Exemptions:
Dor: 69-0RNAMENTALS
Value Method:
Number of Buildings:
Depreciated Bldg Value:
Depreciated EXFT Value:
Land Value (Market):
Land Value Ag:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
Tax Estimator
Market
o
$0
$0
$286,500
$111,634
$286,500
$111,634
$0
$111,634
SALES
Deed Date Book Page Amount Vac/lmp Qualified
Find Sales within this DOR Code
2006 VALUE SUMMARY
2006 Tax Bill Amount: $1,983
2006 Taxable Value: $111,634
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
Land Assess
Method
INGRD NUR-
ACREAGE
Permits
LAND
Frontage Depth Land Unit Land LEGAL DESCRIPTION
Units Price Value
0 0 12.190 655.00 $7,984 LEG SEC 03 TWP 21S RGE 31E W 1/2 OF
0 0 6.910 15,000.00 $103,650 SW 1/4 OF NW 1/4
http://\\'\V\v.scpafl.org/web/re web. seminole county title?P ARCEL=03213130000900000... 5/2/2007