HomeMy WebLinkAbout2007 05 29 Public Hearing 508 First Reading on Ordinance Number 2007-05
CITY COMMISSION
May 29. 2007
Meeting
Consent
Information
Public Hearin2 X
Re2ular
ITEM 508
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Mgr./Dept.
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading on Ordinance 2007-05 which rezones 8.8 acres
(more or less), located on the north side of SR434 east of the entrance to Barrington Estates and
600' west of DeLeon Street, from (Seminole County) "A-3" Agricultural to (Winter Springs) "C-l
Neighborhood Commercial".
PURPOSE: To resolve the fact that the zoning was never subsequently changed to a Winter
Springs category after annexation from Seminole County in 2003 and to consider the request of Stan
Toledo for Rezoning of the property to a zoning classification of (Winter Springs) "C-l
Neighborhood Commercial".
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (procedures for adoption of ordinances and resolutions including
rezoning ordinances).
Winter Sorines Charter Section 4.15 Ordinances in General. (procedures for adoption of
ordinances).
Winter Sorines Section 20-26. Intent and purpose.
Winter Sorines Section 20-27. City commission authority.
Winter Sorines Section 20-28. Due process; Special notice requirements.
Winter Sorines Section 20-29. Applications.
Winter Sorines Section 20-30. Staff review.
Winter Sorines 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
May 29, 2007
City Commission Public Hearing Item 508
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 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:
(I) 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 Sprines Section 20-57. The planning and zoning board shall serve... to recommend to the
city commission the boundaries of the various original zoning districts... and any amendments
thereto. .. act on measures affecting the present and future movement of traffic, the segregation of
residential and business districts and the convenience and safety of persons and property in any way
dependent on city planning and zoning.
Euclid v. Amber Rea/tv Co. . 272 U.S. 365 (1926) (upholdine the constitutionality of the
principles of zonine).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
May 29, 2007
City Commission Public Hearing Item 508
Julv 28. 2003- Effective Date of Annexation by Ordinance 2003-27. Note: The City Commission
previously annexed the subject property pursuant to Ordinance 2000-36 on November 27,2000;
however, Seminole County and the City of Oviedo challenged the annexation. On July 7,2003, the
circuit court quashed the ordinance and remanded the annexation to the City Commission for further
proceedings consistent with the court's decision. Ordinance 2000-36 was quashed because the court
determined that the legal advertisement ofthe ordinance did not contain a legible map, however the
court held that the annexation was otherwise lawful. As a result the City of Winter Springs, adopted
the findings of the circuit court supporting the City's right to annex the subject property, and
annexed the subject property on July 28,2003.
Feb. 13.2007- Application received for Future Land Use change and Rezoning.
Mar. 7.2007- P& Z Board (LPA) heard the request and made recommendation of Adoption.
Mar. 26.2007- City Commission tabled the request, until a meeting could be held with Oviedo and
Seminole County to determine the planned use for the adjacent property.
May 14.2007- City Commission removed the item from the table, so noticing could commence for
a public hearing on May 29,2007.
CONSIDERATIONS:
Applicant - Stan & Judy Toledo, 1746 Seneca Blvd.; Winter Springs, Florida 32708
Owner - Stan & Judy Toledo, Trustees; 1746 Seneca Blvd.; Winter Springs, Florida 32708
Parcel Number - 25-20-31-5BA-0000-0 190
Acreage - approx. 8.8 acres
General Location - The site is located on the north side of SR 434, east of the entrance to Barrington
Estates and 600' west of DeLeon Street.
Le~al Description - Lot 19, The Van Arsdale Osbourne Brokerage Co,'s Addition to Black
Hammock, plat Book 1, Page 31.
Existing Land Use - The property is vacant and undeveloped. Adjacent existing land uses, zoning
and FLUM designations include the following:
'I ' t ; , \ ~ , I 1 '
I 'H ~
Subject Vacant, Undeveloped Requesting (WS) C-I Requesting(WS) Cortservation
Site Neighborhood and (WS) Commercial with
Commercial from Conservation Overlay from (SC)
(SC) A-3 Rural-3
North Agriculture - Growing A-3 Agriculture (SC) Rural-3 (maximum of one
of Ornamentals in Winter Springs dwelling unit per 3 acres) (SC) in
Winter Springs
South Vacant, Undeveloped A-I (SC) Low Density Residential (SC)
East Vacant, Undeveloped A (OV) Request for Low Density Residential (OV)
R-HOv) under review (maximum of3.5 units per acre)
West Vacant, Undeveloped (WS) C-l Commercial (WS)
Neighborhood
Commercial
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
May 29, 2007
City Commission Public Hearing Item 508
DeveloDment Trends - The property immediately west of the subject property was annexed into
Winter Springs in February.
Letters/Phone Calls In Favor Or OpDosition - None to date.
REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
. (1) ComDliance 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;
(3) Consistent with any Master Plan for the proDerty- The property is not part of a Master Plan;
(4) Not Contrary to the Land Use Pattern Established by the ComDrehensive Plan- The proposed
Rezoning change from Seminole County "A-3 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 of Barrington Estates. The majority of parcels on
the south side of SR 434 in Oviedo are zoned "R-I Single Family Residential" which allows a
maximum of3.5 dwelling units per acre.
(5) Does Not Create Spot Zonimz- The proposed Rezoning does not create a spot zone, which is
prohibited by law. The adjoining property to the west (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 (in Seminole
County) 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;
(lO) Adverse ImDact on Surrounding ProDerty Values- The proposed zoning designation has been
May 29, 2007
City Commission Public Hearing Item 508
determined by evaluating the prevailing character of the area around the subject property;
(11) Not Detrimental to Future Improvement of Adjacent Vacant ProDerty- The intent in the zoning
of the property is to apply a zoning classification for the subject property that is consistent and
compatible with the surrounding land uses;
(12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of
special privilege to an individual owner as contrasted with the public welfare;
(13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the
needs of the neighborhood or the city;
(14) Does Not Violate any City Land Use Re2Ulations- 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 LPA RECOMMENDATION:
At a regular meeting of the Planning & Zoning BoardILP A on March 7, 2007, the Board! Agency
recommended approval of Ordinance 2007-05, with a vote of 5-0.
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a Public Hearing for First Reading ofOrdiilance 2007-
05, changing the Zoning classification on the subject property at 282 S.R. 434 from "A-I0"
Agricultural (Seminole County) to "C-l Neighborhood Commercial" (City of Winter Springs).
TENTATIVE IMPLEMENTATION SCHEDULE:
May 29,2007- 1st Reading of Ordinance 2007-04
June 7,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption)
June 25,2007- 2nd Reading /Adoption of Ordinance 2007-04
ATTACHMENTS:
A. Application
B. Excerpt from LP A Minutes, March 7, 2007
C. Excerpt from CC Minutes, March 26 & May 14, 2007
D. Ordinance 2007-05 including Map & Legal Description
E. Current Zoning Map, May 2007
F. Proposed Zoning Map, May 2007
G. Oviedo Letter of Comment- May 11,2007, as requested
H. Response to Oviedo letter- Winter Springs Codes related to alcohol, buffers and setbacks
CITY COMMISSION ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407 -327 -6695
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APPLICATION FOR REZONING
APPLICANT: ~edo ~ stAv'l
Last First
MAILING ADDRESS: If t./-b tene aA. @j"J,.
W,n~( ~~ I 1='1,...
... PlY State
PHONE & EMAIL: 'f07 - er77 -A 70 "
Middle
3:2-70B
Zip Code
If Applicant does NOT own the property:
PROPERTY OWNER:
Last
First
Middle
MAILING ADDRESS:
City
State
Zip Code
PHONE & EMAIL
This request is for the property described below:
PROPERTY ADDRESS: a,er~ ~ C)n Sb.RJ. If.3'''
TAX PARCEL NUMBER: 015' -Ot.O - "3 (-!> eA. - 0 DOO - <S:>I '10
SIZE OF PARCEL: ?JS 3,087 6 f: a. e A-c.
Square'Feet ACmI .
EXISTING LAND USE: UVld e ve.'" ~eJ
CURRENT ZONING Classification: ~ ri c.u (fu r €..
REQUEST for a CHANGE to City of Winter Springs ZONING Classification: Comrnerci4-
Current FUTURE LAND USE Classification:
Match 3XlS
The PLANNING & ZONING BOARD shall be required to review all zoning applications and make a written
recommendation to the City Commission. The CITY COMMISSION shall render all final decisions
regarding rezonings and may impose reasonable conditions on any approved rezoning to the extent deemed
necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the
City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence
and the applicable criteria as set forth in the City's Code of Ordinances Chapter 20, Zoning and Chapter
166, Florida Statutes.
Generally, rezonings take two (2) to three (3) months. All APPLICANTS shall be afforded minimal due
process as required by law, including tlle right to receive notice, be heard, present evidence, cross-examine
witnesses, and be represented by a duly authorized representative.
APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings,
with respect to any matter considered at the meetings or hearings, they will need a record of the
proceedings and, for such purposes, they will need tQ insure that a verbatim record of the proceedings is
made, at their cost, which includes the testimony and evidence upon which the appeill is to be based, per
286.0105, Florida Statutes.
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
~ A copy Df the mDst recent SURVEY Df the subject property with Metes and BDunds
l' descrlptiDn.
)q A copy Df the LEGAL DESCRIPTION.
r;rl. 11 x 17 MAP shDwing ADJACENT STREETS and ZONING AND LAND USE classificatiDns
Dn the ADJACENT PROPERTY.
)C JUSTIFICATION fDr the Request based Dn CDde SectiDn 20-31. (See Attachment)
~ ~ NAMES and ADDRESSES Df each prDperty Dwner within 150 ft. Df each property line.
~ Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
~ APPLICATION FEES:
FEES are as SHOWN BELOW plus ACfUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development
REZONING, per Applicant $ 500 $ Ii 00 ,ct>
Plus $ 25/acre $ '-DO,OO
(or portion thereof)
TOTAL DUE
$ 700,'0
2
Much :ros
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
**************************************************************************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application ofr
Rezoning
Stan Toledo
signature of Owner
Sworn to and subscribed before me this
5th day of March 2007
Chyrel Jackson
Notary Public
My Commission expires: March 02, 2008
(i!J ChrJIj ./aloft
'. · _ commlalOn 00285803
\'.,':sI Elcpir. Mardi 02. 2001
)<
Personally Known
ProduC~de~tification: L'
(Type) (" \U't I'S ,~ -e nSe..
Did take an Oath
Did Not take and Oath
**************************************************************************************
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I,
do hereby with my notarized signature allow
to represent me in the Rezoning of my property.
The property is identified as: Tax Parcel Number(s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature ofOwner(s)
Signature of Owner( s)
Sworn to and subscribed before me this
day of 20_.
Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
3
Much 2005
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
......................................................................................
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is 10 certify that I am the Owner in fee simple of subject lands descnbed within this Application for
ture of er
Sworn 10 and subscribed before me this
_ c::; daYOf~201:Ll
~o\;) ~
Notary Public .. ~
My Commission expires:
C1.:' ...... '......
\~ ,...;"" ComnlIIIIon DDa5a
" .... MInlb 02. 2001
x
Personally Known
ProdUC~tification:
(Type) \ \J'" (' So L~ t! ~~oe......
Did take an Oath
Did Not take and Oath
......................................................................................
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I,
do hereby with my notarized signature allow
10 represent me in the Rezoning of my property.
The property is identified as: Tax Parcel Number{s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature ofOwner{s)
Signature ofOwner(s)
Sworn to and subscribed before me this
day of 20_.
Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
3
Match 2005
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MARCH 7, 2007
PAGE60F 11
PUBLIC HEARINGS
203. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2007-05 Which Rezones 8.8 Acres (More Or Less), 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) "A-3" Agricultural To
(Winter Springs) "C-l Neighborhood Commercial".
Ms. Sahlstrom presented this Agenda Item and displayed the existing Zoning Map. Ms.
Sahlstrom said, "Staff has reviewed the fourteen (14) Criteria required for re-zoning
Applications and believes that C-l Neighborhood Commercial is the appropriate
designation for this property."
Chairman Poe opened the "Public Input" portion of the Agenda Item.
Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: Mr. Toledo said, "I
have pursued some issues in terms of the wetlands. 1 already have a wetland report
which is favorable to the fact that there are not encroachments or any effects on wildlife,
etcetera." Mr. Toledo then said, "It is my intent that if 1 could pursue favorably with the
St. John's Water [River Management] District, 1 do want to preserve about two (2) acres
which would be buffering the Barrington Estates." Mr. Toledo said, "I hope 1 can work
favorably with the Mann property where we share just one (1) access instead of having
possibly three (3)."
Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: spoke briefly about
the property site.
Discussion.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM 203
AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER.
SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
BOARDMEMBERRYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARDMEMBERKARR: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
"..,"''''- .,.,....
ATTACHMENT C
CITY OF WINTER SPRINGS. FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 26. 2007
PAGE 19 OF 26
Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs. Florida: as a resident of
Barrington Estates, Mr. Voorberg commented on lack of adequate parking for a two (2)
story structure.
Discussion.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO APPROVE ITEM '501'." MOTION BY COMMISSIONER
MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
CO~SmONERMILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN: AYE
CO~SSIONERGILMORE: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Attorney Garganese said, "On these last two (2) items, do you want us to go back and
possibly pose a third item on the next go-around and Development Agreement
regarding the SR (State Road) 434 guidelines, and the height?" Commissioner Brown
stated, "I think so." Mayor Bush remarked, "The hei;ht seems to be a 1IUljor issue."
Commissioner Krebs commented, "Yes." Deputy Mayor McGinnis added, "Yes."
Mayor Bush summarized, "We have Consensus."
.:..) AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS WERE
HANDLED CONCURRENTLY, AS DOCUMENTED. ++
PUBLIC HEARINGS
PUBLIC HEARINGS
502. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Fint Reading Of
Ordinance Number 2007-84, 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 SR (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) "Conservation" And (City Of Winter
Springs) "Commercial" With "Conservation Overlay".
CITY OF WINTER SPRINGS. FWRlDA
MINUTES
CITY COMMISSlON
REGULAR MEETING - MARCH 26. 2007
PAGE 20 OF 26
PUBUC REARlNGS
503. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Fint Reading On
Ordinaace Number 2007-05 Which Rezones 8.8 Acres (More Or Less), Located On
The North Side Of SR (State Road 434 East Of The Entrance To Barrington Estates
And 600' West or DeLeon Street, From (Seminole County) "A-3" Agricultural To
(Winter Springs) "C-l Neighborhood Commercial".
"I WOULD LIKE TO MAKE A MOTION THAT WE TABLE '502' AND '503'-
UNTIL THE FIRST COMMISSION MEETING AFTER WE MEET WITH THE
COUNTY AND OVIEDO." MOTION BY COMMISSIONER MILLER.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
DEPUTY MAYOR McGINNIS: AYE
CO~mONERKREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Manager McLemore said, "Are you wanting to do a joint City-County Meeting over this
piece of property?"
With discussion, Manager McLemore then asked, "How do we get to that point?"
Commissioner Miller suggested, "We have a Meeting with them."
Furthermore, Commissioner Miller added, "The Mayor is going to go and organize a
meeting and point out to - both entities that the City of Winter Springs wants to make
certain that whatever it is that we are doing is in consonance with them, if they're
interested, and if they are not, then let them tell us that."
Mayor Bush noted, "What I would like to recommend - in thinking about this, it is going
to very hard to get all of these people together, that we try to have a meeting - with the
Managers and the Chair of the Seminole County Commission and the Mayor of Oviedo,
and the Managers from the County and Oviedo and of course, Mr. McLemore and myself
- will sit down and have a discussion on this."
ATTACHMENT C
MEETING ABSTRACT
'CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING
MONDAY, MAY 14, 2007 - 5:15 P.M.
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434
~NTERSPRINGS,FLORIDA
Roll Call:
Mayor John F. Bush, present
Deputy Mayor Sally McGinnis, present
Commissioner Robert S. Miller, present
Commissioner Rick Brown, present
Commissioner Donald A. Gilmore, absent
Commissioner Joanne M. Krebs, present
City Manager Ronald W. McLemore, absent
Mr. Lockcuff, present
City Attorney Anthony A. Garganese, present
REGULAR
603. Community Development Department - Planning Division
Requests The City Commission Remove From The Table, Mr. Stan Toledo's Request For
A Comprehensive Plan Amendment Changing The Future Land Use (Ordinance Number
2007-04) And Rezoning (Ordinance Number 2007-05) Of An 8.8 Acre Parcel, Located On
The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates And
600' (Feet) West Of DeLeon Street.
Mayor Bush stated, "Can we have a Motion to remove from the Table."
"SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY
COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Mayor Bush stated, "What we need then is a Motion to put this as an Agenda Item for the May
29th, [2007] Meeting as a Public Hearing and First Reading."
"SO MOVED." MOTION BY COMMISSIONER KREBS.
COMMISSIONER BROWN. DISCUSSION.
SECONDED BY
VOTE:
COMMISSIONER MILLER: NAY
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
ATTACHMENT D.,
ORDINANCE 2007-05
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 8.8 ACRES MORE
OR LESS, GENERALLY LOCATED ALONG WEST STATE
ROAD 434 IN WINTER SPRINGS, FLORIDA, AND LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
FROM SEMINOLE COUNTY "A-3" 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 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 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
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
City of Winter Springs
Ordinance No. 2007-05
Page 1 of 2
. .,~. ."''''''
include a change of classification from Seminole County "A-3" to City of Winter Springs "C-}
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 S. Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2007-04 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-04 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. 2007-05
Page 2 of 2
-
EXHIBIT 'A'
Source: City of Winter Springs & Seminole County GIS Data, January 2007
Legal Description:
Lot 19 (less road) The Van Arnsdale Osborne Brokerage Co. 's Addition
to Black Hammock, Plat Book 1, Page 31
ATTACHMENT E
EXISTING ZONING MAY 2007
ATTACHMENT F
PROPOSED ZONING MAY 2007
ATTACHMENT G
o The Iltl of
VladO
FLORIDA
400 ALEXAN.DRIA BOULEVARD. OVieDO, FLORIDA 32765
May 11, 2001
City of Wlnter ,Springs
A TTN: . Stevensorl, Community Development Director
1128 East. ate Road 434
Winter Springs~ Florida 32708
RE: Comprehensive Plan Amendment and Rezoning,approximately 8.8aere& located on the
north side of SR 434 east of the entrance to Barrington E$tafes and 600' west ofOeleon
Street Applicant: Stan Toledo.
Mr. Stevenson,
Th$~ity.of~edoha$ recei,,~the'GityofWinter$prin~$,r(t(Il.I,~Uo~mmnontbeJ~of
compatibility of the prbposedfUture land .use map.amendmentftOm' 8eminol.&'OOQAt}'Rurallo
qityo.f Wi",..- $J)l'ing, Qo.ntElnr"tion ~lndCo.mJ'Yl8rcial.lIJildpr~'d ~~g,bm SEmJino.le
oountyA..a(~QultUte)to..V\lintet $prin~s ..0'-1 .(~ei~~bOrt1o'Od ..~Ql11m.diat) . for . pt<>P$~
f1\\entioned!bove(f\ereafter'referred to as: the "subJectpre~ located Within.th&, C'tI'bfWinter
Springs,Withfh.atofthesurrOundingpropertfe$ located\VlttJlnthe cwo.rporateboundaryofthe 'Gfty
of Oviedo.
Pr~p$rties within 1 ;000 fe$t of the sUbject property and Idoated Within th& ~ty of Oviedo
corporate boundaries are designated as LOR (Low Density RedhWial) on the CitY's FtJtufe,Land
Use Map and ar. located In the A (Agriculture), ~1 (Single flarnHy Low to Denstty).
and/or R..1A (Single Family Low to Medium Denstl,) zorlingdiStrfOlS' per the . . lal ZOning
Map. The proP$rly ab\.ltting the subject prQp$rty to the east i, I()capd Withl . 'Si\yOf Oviedo
corporate boundary and has a future land use designatiOn of LOR. (lAY OllnsJtY R.id.ential) ^1ll'C1
is located within the A.(Agrlculture) zoning district. the City is currently,ptoCeuingazoning map
amllndment appUoation for the property ab\.ltting the subject prqperly to the.ea.st. Th$zonlng . map
a'm'Elndment is a request to rezone certain pro~ from A to R-1. The requested zoning map
amendment is currently under review and has not been scheduled for public hearings. .
Of primary concern resultant of the proposed change in th$ futur$ land use and zoning sre the
following:
1) DO$s the Olty of Wint$r Springs require distance s$paration of alCOholic beverage licenses
from schools and/or chUrch$S? .
a) Attached, is ArtiCle V, Section 5.6., Alcoholic Bev$rages detailing the Cttyof Ovt$do's
alcoholic beverage regulations.
2) Is there any "toor available to not allow establishments with gross a1cohol sale8.in excess of
50%?
3) What sort of setbacklbuffering will be requir$d on tills property?
4) What method of nui$ance abatement does the Oity of Wmter .Springs prOVide regarding
Iightinglglare, garbage removal, garbage container screening, and noise?
5) Traffic distribution/analysis
WWW.cityofovledo.net
Additionally. upon ...viewof th~slaff reportforthis project a few Inaoeuraeies WSF6 identified:
1) RUomij~Anal~iS#4 .Not Conttaryto th& .LiUto. Un ...P,ttIIm .~iStfid. .b\<<.....the
C9I1lP,,-ive Plam., th~ r~pqr:t~latf.t' "'1fIte ~Nri(yqfpa1'(:flfS:.~ _ ~JAf;~<<$R
434ft1;~bate.zonedffR-1 $In{:jle P8l11IIy Re$id6iltial" whfGhafkJwss.maxlmU1fto.f5.12
dwt1Jlirfg.uJ!llt&s.peracre;"
a. This r.. ir1~ect. .Thesyrr()undll'Tqproperti51~~witb.tn'fbl ttty9f~W~()care
zoned fIt..1; however,. the...LOWDensity Residential Future latldUsedesi$mdion only
aUo~ ,.,ral'l1a)dmuOl~.5 uni~peracre.
2) ~()r1inp~tUll~i$#5 .[)oes NO............. .. ......... .. 0 . nir1...~,ther.ort~'.te~.,.be~~I"lllg
pro/Jenyw.mfj,W!st(Wjliter Spri(jgB) nasaI80appliedfof"o-1N.tKflliJiOmood(.~merci81"
ZfJOlrlg~s$iljGlfltiorfand.the 'ltOd...tths end of SR 4$4{f!n_~llQleC9"mty
jutlSdlCtiQlj).tlasacommerciaJ ZOIl/l1ft'
a. The lill'1datthe el'1dof SR ~i, right: of way and is notconsklet6d a parGilOf land
nor. JtstlbJectto the$emin<JJeOoynty Land.'Oeveloprnel'lt~e;therefore~there
is.no~rnm6reianyzOIl8trj.land to the ea8t of the subject 'pmpertyalon,the
e~t~tion of $R4~.
b. ActditiOnaIIY~the'referenee'tQ.tn.\"a~Joinin"p"OfE'"tOth~~ari$~~~1-at! $eeing
as h~ thepropertiessiUJawd lothewestof.the .sub~Gf ~. at...lther;in the
QQ{.Irt~"or (levelopeda~ aa~Qn):stQs(.lready~n~d R-'1~)!
c. . The.sutJject;propettydoes:nOf _Join any Janddesi,natea asCOlJjmer.l.
3)Re~l'lingArt@I'" #11 .Not[)et(irn..~~ltoFuture ImpovemeQt 'Of.~tVacant
~~~tty,. th~ report states IIThfJ f~t.ttt l11thfJ:tcn/ng (fft~1j .pmpe"la: to'.~8'zcnln(l
classifmatltJn . for the subject pmpedy that is consiStent .and ~pl!iflbJeWith the
$tlltOlJIJdlhr;tst1d#SfJ$;p
a.The$ubjeetproperty iSllotdoesnot adjoin8l'1ylanddeslgnatedasc<)mmercial.
WJthf$$~tQth~ I$$U~~ide~tifiedab~ve~ttte:~it, of OviedOdoesnQt fe~tbaUheprOpo$ed
future land uss.maP amendmenl..from Seminole County Rural.. to. Oi' jf..Winterspnl'lgS
~~ati()niln4Gornrnercial,andiproPQ~~~ntng from f)emirl()~ ~oPI'1ty M ,..i~p.lture} to
wmt<< SprJrtgs6-1 (Neighborhood Commercial) is not cornpatible.with the;$UrtQundingarea,
,..hanttyoufottheQPportunityfOr the City of O~tedo topro\<<ide cornmeol$,
Sincerely.
Matt Dorsten, Planner n
City of Oviedo
DeVeIopmentServiCes Department, Planning Division
400Al~drlaBoulevard
Oviedo, FL 32765
(407) 97'1-5778, phone
(407) 971-5819, fax
rndorsten@cityofoviedo.net
Enclosure(s)
ARTICLE V. SUPPLEMENTARY USE REGULATIONS
SflCtlon tU. Alcoholic BeveragN.
(C) Classifications
(H) Outdoor DIsplays
Outdoor displays of merchandise or promotional Items shall be prohibited.
(I) Hours of Operation
Convenience stores (Type I and Type II) which are located within two hundred (200) feet of
a residentially-zoned property shall be closed between the hours of 11:00 p.m. and 6:00
. .
a.m.
(J) UtilIty Connections
All Type I and Type II convenl.ence stores shall be served, by public s~we~ prior to
occupancy of the building. . .., .
Section 5.6. Alcoholic Beverage$.
(A) Required
(1) No alcoholic beverages shall be manufactured, distributed or sold within the City.
except by a business holding a valid certificate Issued by the City permitting the sale
of such beverages.
(2) Each certificate shall be valid and operative for only. the place of business described
In the certificate, and no beverages shall be permitted to be sold except at such place.
(B) Application
(1) A person proposing to manufacture, distribut~, or sell any alcoholic beverages within
the City shall make written application for a City certificate accompanied by evidence
that the applicant holds, or will hold upon issuance' of the certificate, a valid and
current state beverage license. . .
(2) The application shall be reviewed and Issued in accordance with Subsection 5.6(0),
" .: Issuance.
(C) Classifications
For the purposes of review and approval, there shall be five (5) types of certificates:
(1) Class I, to. sell only beer or beer and wine In sealed containers for consumptIon off
premises (1 APS and 2 APS).
(2) Class II, to sell beer, wine and liquor in sealed containers for consumption off premises
(quota liquor license, 3 PS, 3-APS, 3BPS, 3CPS, 30PS).
(3) Class III to sell beer or beer and wine for consumption on the premises and by
package (1-COP. 2-COP).
(4) Class IV to sell beer, wine and liquor by the drink, for consumption only on the
premises, In a bona fide restaurant Offering full course meals to one hundred fifty (150)
or more patrons and providing floor space of at least two thousand five hundred
(2,500) square feet, all under a permanent type roof (Series 4-COP-SRX); or to sell
beer, wine and liquor by the drink for consumption only on the premIses In bowling
establishments containing twelve (12) or more lanes (4-COP-5BX); or to sell beer,
wine and liquor by the drink for consumption only on the premises at a golf club or
tennis/racquet ball club with not less than ten (10) regulation size courts (Series 11-C
and 11-CX).
(5) Class V to sell beer; wine and liquor for consumption on the premises and by package
(Quota liquor license, series 4-COP); and to sell beer, wine and liquor at certain hotels
Oviedo Land Development Code
V.19
ARTICLE V. SUPPLEMENTARY USE REGULATIONS
Section 6.6. Alcoholic Beverages.
(C) C/asslfleatlons
and motels for consumption on the premises and by package (Series 4-COP-S); and
to sell beer, wine and liquor by the drink only, for consumption on the premises at
fraternal and benevolent clubs (Series 11-C).
(D) Issuance
(1) The City Manager, or designee, shall Issue class I, II, III and IV "certificates if the
application complies with the requirements of Section 5.6, Subsection (E), distance
requirements and Article 1\1, Section 4.11 (A), prohibited uses of this LOC. If an
application is denied, the applicant may file a written appeal to the City Council.
(2) The City Council shall consider all applications and may approve, by majority vote, the
Issuance of Class V Certificates. In determining whether Issuance of the certificate is
in the general welfare of the City, the Council shall consider at least the following:
(~) Land Use Compatibility and Conformance with this LDC.
The proposed facility must conform to the general character of the surrounding
area and with this LOC.
(b) Access and ParkIng.
The proposed site must have safe and adequate access and sufficient parking.
(c) Existing Number of Similar FaclllUes.
There shall be no more'than one (1) Class V certificate issued for every two
thousand five hundred (2,500) residents. .
(E) Distance Requirements
(1) No Class V certificate shall be Issued within one thousand (1,000) feet of any location
for which a Class V certificate has already been Issued and Is In force unless the City
Council finds that such use would be appropriate at the location and approves the
application.
(2) No Class II or V certificate shall be issued to operate a business within one thousand
(1,000) feet of an established church, or within two thousand (2,000) feet of a public
school or private school as defined by F.S. ~ 1002.01, or its successor provislon{s).
(3) The distances required in this section shall be measured according to the shortest
distance from property line to property line except for uses located within shopping
centers as permitted by this LOC which uses shall be subject to the provisions of
Subsection 5.6(E)(1) and which distances, within the shopping center, shall be
meas~red by the shortest practicable distance traveled by a pedestrian from the
entrance of the business to the entrance of the other use to which the separation
applies.
(4) Whenever a certificate has been issued for a specific location, and thereafter a church
or schoolls established, the establishment of the school or church shall not be cause
for revocation of the certificate.
(F) Hours of Sale
No business holding a certificate under this article shall sell, consume, serve or permit the
service or consumption of any alcoholic beverage between the hours of 2:00 a.m. end 6:00
a.m.
Oyledo land Development Code
V.20
ARTICLE V. SUPPLEMENTARY USE REGULATIONS
Section 5.6. Alcoholic Beverage..
(K) Revocation
(G) Bona Fide Restaurant or Business Status
In accordance with provisions of this LOC, no certificate may be Issued for a bar or cocktail
lounge offering alcoholic beverages for consumption on the premises that Is not incidental
to or within a portion of a building used for a bona fide restaurant seating not less than
forty-five (45) patrons. Upon review and approvalln accordance with the provisions of this
LOC, a deviation may be granted for the required number of patrons in accordance with the
deviation procedures of this LOC. However, businesses permitted by this LOe on the basis
of deriving no more than forty-nine (49) percent of gross sales from the sale of alcoholic
beverages by the drink incidental.to another bona fide business use shall also be permitted
under this article; provided, however, that a deviation to the maximum percentage of gross
sales from the sale of alcoholic beverages shall not be granted.
(H) Compliance with State Licensing Requirements and Regulations
All businesses holding a certificate under this article shall comply with the regulations and
licensing requirements. of the state.
(I) Conduct of Business; Maintenance of Premises
All businesses holding a certificate under this article shall be conducted In an orderly
manner and not allowed to become a nuisance in any respect; shall be kept In a clean and
sanitary condition; and shall be subject to Inspection at all reasonable hours.
(J) Fee
The City Council shall establish by resolution any fees for certificates under this article.
(I<) Revocation
Upon cause being shown by competent and substantial evidence, the City Council may
revoke a certificate Issued under this article after notice to the business and a public
hearing before the Council if such hearing is requested.
Oviedo land Development Code
V-21
ATTACHMENT H.
Response to Oviedo Letter:
Winter Sprine:s City Code related to alcohol.. buffers and setbacks.
ALCOHOL:
Sec. 3-2. Location of business engaged in sale prohibited near church or school.
(a) No business proposing to engage in the sale or serving or allowing the consumption of
alcoholic beverages (alcoholic beverages defined as all beverages containing more than one (1)
percent of alcohol by weight) shall be allowed to locate within two hundred (200) feet in an
airline [a straight line] from any existing church or a public or private school operated for
the instruction of minors in the common branches learning, relating to pre-kindergarten through
grade 12 with said distance being measured frombuilding to building at their closest points.
BUFFERS & SETBACKS:
S.R. 434 CORRIDOR OVERLAY DISTRICT
. Sec. 20-465. Setbacks.
(a) No improvement shall be located on any property closer to any property line than the
minimum setbacks set forth below:
TABLE INSET:
Buildings Parking
S.R. 434 50 feet 15 feet
Collector Street 35 feet 15 feet
Internal Street 15 feet 15 feet
Side 10 feet 5 feet
Rear 10 feet 5 feet
Sec. 20-469. Buffers and walls.
(a) Buffers: A minimum fifteen (15) foot landscape buffer shall be provided by the
developer/property owner abutting the designated right-of-way lines at the time of development
order or permit approval. The landscape buffer may be contained within a landscape
easement. ...
(b) Any developer or property owner proposing a commercial or multi-family development
or redevelopment adjacent to a single family zoning district or use shall construct, at the
developer's expense, an opaque wall of six (6) feet in height along the full length of the
property line between such development or redevelopment and the adjacent single family
zoning district or use. A wall shall also be required for a proposed commercial development or
redevelopment adjacent to a multi-family zoning district or use, as required above. The wall
shall be constructed of concrete block, brick or other durable material (wood not allowed) which
is compatible with the surrounding area, and acceptable to the development review committee
as to compatibility, design, and compliance with this section and the City Code. ...