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Home My WebLink About2007 05 29 Public Hearing 504 Ordinance Number 2007-15 CITY COMMISSION May 29. 2007 Meeting Consent InCormation Public Hearinl! X Rel!ular ~,1Ati!.- Mgr.ID~~- ITEM 504 REQUEST: The Community Development Department - Planning Division requests that the Planning & Zoning Board / Local Planning Agency hold a Public Hearing for Ordinance 2007-1 S, which rezones a parcel containing 4.32 acres, more or less, located on the west side of DeLeon St. at 1740 DeLeon Street from "A-3" Agricultural (Seminole County) to "R-Cl" (City of Winter Springs) Single Family Dwelling District" (min. lot size- 1 acre). PURPOSE: To consider the City-initiated Rezoning request to change the subject property from (Seminole County) "A-3" (1 dwelling unit per 3 acres) to (Winter Springs) "R-Cl" (min. 1 acre). APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (procedures Cor adoption oC ordinances and resolutions including rezoning ordinances). Winter Sorinl!s Charter Section 4.15 Ordinances in General. (procedures Cor adoption of ordinances). Winter Sorinl!s Section 20-26. Intent and purpose. Winter Sorinl!s Section 20-27. City commission authority. Wint,r Sorinl!s Section 20-28. Due process; Special notice requirements. Winter Sorinl!s Section 20-29. Applications. Winter SDrinl!S Section 20-30. Staff review. Winter Sorinl!s Section 20-31. Rezonings. (The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004:49 which was adopted on December 13, 2004. (a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. (b) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendations, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at May 29, 2007 City Commission PUBLIC HEARING AGENDA ITEM 504 its discretion, consider an application without the planning and zoning board's recommendation. (d) All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in compliance with all procedural requirements established by the city code and law; (2) The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited, to the Future Land Use Map and the proposed change would not have an adverse effect on the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law. (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan. (8) Changed or changing conditions make the proposed rezoning necessary. (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a substantial detriment to the future improvement of development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Winter Sprin2s Section 20-57. The planning and zoning board shall serve... to recommend to the city commission the boundaries'ofthe various original zoning districts... and any amendments thereto... act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. Euclid v. Amber Rea/tv Co. .272 U.S. 365 (1926) (upholdin2 the constitutionality of the principles of zonin2). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Oct. 25. 2004- Rook property annexed into the City (Ordinance 2004-48). A Rezoning change 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 subject property within the urban service area. April I!. 2007- Certified letter mailed, noticing property owner of the city-initiated zoning change 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- P& Z Board (LPA) heard the request and made recommendation of Adoption May 29, 2007 City Commission PUBLIC HEARING AGENDA ITEM 504 Mav 17. 2007- Public Noticing in Orlando Sentinel of Public Hearing for 18t Reading May 29. 2007- Public Hearing for 18t Reading of Ordinance 2007-15, rezoning the property to "R-C 1" CONSIDERATIONS: Al>Dlicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, FL 32708 Owner( s) - Cynthia L. Rook; 1740 DeLeon Street; Oviedo, Florida 32765 Location - 1740 DeLeon Street (west side of DeLeon St.) Site Information - The subject property currently has a (Seminole County) "A-3" Zoning and is being considered for this ReZoning change to (City of Winter Springs )"R-C1"(min. 1 acre). Parcell.D. - 03-21-31-300-007A-0000 Acreage - 4.32 gross acres (more or less) Chronology ofSubiect Property - The subject property has been under the same ownership for more than ten years. Existing Land Uses -The subject property has been Ms. Rook's homestead since 1995. General Location - The site is located on the west side of DeLeon Street. Legal DescriDtion -SEC 03 TWP 21 S RGE 31E N Yz OF NE y.. OF SW y.. OF NW y.. (LESS N 70 FT OF E 330 FT) Subject Single Family Homestead A-3 (SC) Rural-3 (SC) Sites North Single Family Homestead A-3 (SC) Rural-3 (SC) South Light Manufacturing A-3 (SC) Rural-3 (SC) East Agriculture A-3 (SC) Rural-3 (SC) ----- West Ornamental Nursery Stock Production A-3 (SC) Rural-3 (SC) (WS) Winter Springs; (SC) Seminole County; Development Trends - Due in part to development pressures in the area, Seminole County sponsored a referendum in 2004, which established an Urban/Rural Service Boundary as part of the County Charter. The Boundary borders the subject property on the east, which is also the eastern edge of the 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. Letters/Phone Calls In Favor Or ODDosition - None to date. 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 city's comprehensive plan and the proposed change will not have an adverse effect on the comprehensive plan; May 29, 2007 City Commission PUBLIC HEARING AGENDA ITEM 504 (3) Consistent with any Master Plan for the {>ropertv- The property is not part of a Master Plan; (4)"Not Contrary to the Land Use Pattern Established by the Comorehensiye Plan- The proposed Rezoning change from Seminole County "A-3 Agricultural" to Winter Springs "R-Cl Single Family Residential" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; (5) Does Not Create Soot Zonin2- The proposed Rezoning does not create a spot zone, which is prohibited by law. The adjoining property to the west and south in Winter Springs are also being considered for "R-Cl" zoning; (6) Does Not Materially Alter the Pooulation 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 Dlogically 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 sUlTOunding area and the land use pattern established by the City's comprehensive plan; (8) Chan2ed Conditions Make the Prooosed Rezonin2 Necessarv- The previous annexation of the property into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter Springs' Zoning Designation. The "R-Cl Single Family Residential" category is the most similar Winter Springs designation to the property's current Seminole County "A-3 Agricultural" designation. (9) No Serious Reduction in Li~t or Air to Adiacent Areas- The proposed rezoning change will not reduce light or air to adjacent areas; (10) Adyerse Imoact on Surroundin2 Prooertv Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the sUlTOunding land uses; (11) Not Detrimental to Future Imoroyement of Adiacent Vacant Propertv- 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 Soecial Privile2e- 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 is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Rel1U1ations- 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. PLANNING & ZONING BOARD I 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 2007-15, With a vote of 4-0. A copy of the unapproved minutes are attached as Attachment 'B'. May 29, 2007 City Commission PUBLIC HEARING AGENDA ITEM 504 STAFF RECOMMENDATION: Staff'recommends that the City Commission hold a Public Hearing for 1 st Reading of Ordinance 2007-15, changing the Zoning classification on the subject property at 1740 DeLeon Street from "A-3" Agricultural (Seminole County) to"R-Cl Single Family Residential" (City of Winter Springs). ANTICIPATED IMPLEMENTATION SCHEDULE: May 29. 2007- Public Hearing for I st Reading of Ordinance 2007-15, rezoning the property to "R-C 1" June 25. 2007- Anticipated 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 Zoning Map, April 2007 D- Proposed Zoning, April 2007 E- Ordinance 2007-15 with Exhibit A (Map & Legal Description) CITY COMMISSION ACTION: ATTACHMENT A 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 4.34 WINTER SPRINGS, FLORIDA The proposed ordinances may be ,obtained by Interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerks Office, located at 1126 E. SR 434, Winter Springs, Florida. 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 pubic 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 11 OF 13 VOTE: BOARDMEMBERRYSER: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRMANPOE:AYE BOARDMEMBERBROWN: AYE MOTION CARRIED. PUBUC HEARINGS 505. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2007-10, A Small Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation or One (1) Parcel Containing 1.6 Acres, More Or Less, Located Immediately West or DeLeon Street At 201 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, "We evaluated the Request which is City initiated at the direction of the City Commission and we found that it met the nine (9) Criteria which are in your Staff Report under the Findings and Staff does recommend that you, the Local Planning Agency hold a Public Hearing and recommend Approval for Ordinance 2007-10 which is also a Small Scale Comprehensive Plan Amendment and that means that it can go for First and Second Reading during a faster time period, so we anticipate that that could occur going forward on May 29th [2007] for the First Readin~ and then followed up with the possible Second Reading and Adoption on June 25 [2007] ." Chairman Poe opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM '505' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARDMEMBERBROWN: AYE BOARDMEMBERRYSER: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 2, 2007 PAGE 10 OF 13 "I WOULD LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL TO THE CITY COMMISSION FOR ADOPTION OF ORDINANCE 2007-09 CHANGING THE FUTURE LAND USE MAP (FLUM) DESIGNATION OF THE SUBJECT PROPERTY FROM SEMINOLE COUNTY 'RURAL-3' TO WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' ON THOSE AFFECTED AREAS." MOTION BY VICE CHAIRPERSON TILLIS. SECONDED BY ADVISORY BOARD MEMBER RYSER. DISCUSSION. VOTE: VICE CHAIRPERSON TILLIS: AYE CHAIRMANPOE:AYE BOARDMEMBERBROWN: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBUC HEARINGS 504. Community Development Department - Planning Division Requests That The Planning And Zoning Board I Local Planning Agency Hold A Public Hearing For Ordinance 2007-15, Which Rezones A Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From "A-3" Agricultural (Seminole County) To "R-Cl" (City Of Winter Springs) Single Family Dwelling District" (Minimum Lot Size- 1 Acre). Ms. Sahlstrom presented this Agenda Item and saidt "The property owner was notified by 'Certifiedt mail as well as the adjacent property owners. This is a City initiated request to change it from 'A-3 t Agriculture to 'R-C 1 t which would be a minimum lot size of one (1) acre.n Ms. Sahlstrom statedt "We analyzed the Request against the fourteen (14) Criteria in the Code and found that it met the review standardst it satisfied those standardst and thereforet Staff does recommend you hold a Public Hearing related to Ordinance 2007-15 and that you would make a recommendation of Adoption to the City Commission to Adopt the change of Zoning to 'R-Cl t.n Chairman Poe opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM '504' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. ATTACHMENT C EXISTING ZONING APRIL 2007 ATTACHMENT D PROPOSED ZONING APRIL 2007 ATTACHMENT E ORDINANCE 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 ORLESS,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-Cl SINGLE FAMILY DWELLING"; 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 Vill, 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 May 2,2007 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 l ~, City of Winter Springs Ordinance No. 2007-15 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-3" to City of Winter Springs "R-Cl Dingle-Family Dwelling" 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 2007-09 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-09 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of ,2007. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaees, 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: l .-:. City of Winter Springs Ordinance No. 2007-15 Page 2 of 2 ~ , " .." EXHIBIT A Ordinance 2007-15 II / ") ) Parcel # & Legal Description: 03-21-31-300-007A-0000 SEe 03 TWP 21 S RGE 31E N % OF NE Y. OF SW Y. OF NW Y. (LESS N 0 FT OF E 330 FT)