HomeMy WebLinkAbout2007 09 10 Public Hearing 506 2nd Reading and Adoption of Ordinance 2007-14
CITY COMMISSION
ITEM 506
September 10,2007
Meeting
REQUEST: The Community Development Department - Planning Division requests the City Commission
hold a Public Hearing for 2nd Reading and Adoption of Ordinance 2007-14 which rezones 29.3 acres (more or
less), located immediately west of DeLeon S1. at Cress Run from (Seminole County) "A-3" Agricultural to
(Winter Springs) "R-C1" 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), given that after
annexation from Seminole County in 2000 the zoning was never changed to a Winter Springs designation.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning
ordinances ).
Winter Sprill!!s Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances) .
Winter Sprin2s Section 20-26. Intent and purpose.
Winter Sprin2s Section 20-27. City commission authority.
Winter Sprin2s Section 20-28. Due process; Special notice requirements.
Winter Sprin2s Section 20-29. Applications.
Winter Sprin2s Section 20-30. Staff review.
Winter Sprin2s 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
September 10, 2007
City Commission PUBLIC HEARING AGENDA ITEM 506
Page 2 of6
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 adj acent 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
zonmg.
Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholding the constitutionality ofthe principles of
zoning).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
The property was rezoned from 'A-5' to 'A-3' classification as an administrative action by the County in
1995.
Nov. 27, 2000- Annexation of Subject Property (Ordinance 2000-40). Seminole County and the City of
Oviedo formally objected to the annexation. The future land use and zoning were never
changed.
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 11, 2007- Certified letter mailed, noticing property owner of the City-initiated amendment
September 10, 2007
City Commission PUBLIC HEARING AGENDA ITEM 506
Page 3 of6
April 17. 2007- Adjacent property owners within 150' notified by regular mail
April 19. 2007- Public Noticing in Orlando Sentinel of LP A Public Hearing
May 2. 2007- LPA held a Public Hearing and made recommendation of Approval re: Ord. 2007-14
May 17. 2007- Public Noticing in Orlando Sentinel of Public Hearing for 1 st Reading
May 29. 2007- City Commission Public Hearing for 1 st Reading of Ordinance 2007-14, rezoning the property
to "R-C 1 "
Sept. 2.2007- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption
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 I 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 Parcel J.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
03-21-31-300-004B-0000
5.80
SEC 03 TWP 21 S RGE 31E N 2/3 OF S % OF E 12 OF SW V. OF NW V.
(LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S
TOAPTW OFBEGE TO BEG & 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)
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
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 OFN 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 Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'C'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
CRESS RUN; OVIEDO 32765
Donald E. Weaver, Trustee
844 Lake Mills; Chuluota, FL 32766
03-21-31-300-0090-0000
19.1
September 10, 2007
City Commission PUBLIC HEARING AGENDA ITEM 506
Page 4 of6
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
SEC 03 TWP 21 S RGE 31E W Y, OF SW If. OF NW If.
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.
North
Ornamental Nursery
Stock Production and
Li ht Manufacturin
Generally Undeveloped
I
A-3 Agriculture (SC) in
Winter Springs
A-3 (SC)
in Winter
South
Generally Undeveloped A-3 (SC)
__.___________________.____ -.ill Wil!.!er Spring~__
Light Manufacturing/Agriculture A-3 (SC)
-----------_._--~----_..__.-
Single Family Residential R-l (WS)
Residntl
East
West
(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 ofthe 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 subj ect 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 Opposition - The property owner is opposed to the change.
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;
(3) Consistent with any Master Plan for the property- The property is not part of a Master Plan.
September 10, 2007
City Commission PUBLIC HEARING AGENDA ITEM 506
Page 5 of6
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive 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 Spot Zoning- The proposed Rezoning does not create a spot zone, which is prohibited
by law. The adjoining property to the west and north are also being considered for "R-Cl" zoning.
(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 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 Light or Air to Adiacent Areas- The proposed rezoning change will not
reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been
determined by evaluating the prevailing character of the area around the subject property. The intent in the
zoning of the property is to apply a zoning classification for the subject property that is consistent and
compatible with the surrounding land uses;
(11) Not Detrimental to Future Improvement of Adiacent Vacant Property- The intent in the zoning of
the property is to apply a zoning classification for the subject property that is consistent and compatible with the
surrounding land uses;
(12) Does Not Constitutes a Special Privilege- The proposed rezoning does not constitute a grant of special
privilege to an individual owner as contrasted with the public welfare;
(13) Not out of Scale- The proposed rezoning is not out of scale or incompatible with the needs of the
neighborhood or the City;
(14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any
applicable land use regulations adopted by the City;
FINDINGS:
In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in
Section 20-31 were satisfied.
PLANNING & ZONING BOARD / 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 2007-14, with a vote of 4-0. A copy of the unapproved.minutes are attached as Attachment 'B'.
September 10, 2007
City Commission PUBLIC HEARING AGENDA ITEM 506
Page 60f6
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for 2nd Reading and Adoption of Ordinance
2007 -14 changing the Zoning classification on the subject property located immediately west of DeLeon St. at
Cress Run from "A-3" Agricultural (Seminole County) to "R-Cl" Single Family Dwelling District (min. lot
size- 1 acre).
IMPLEMENTATION SCHEDULE:
Sept. 10,2007- City Commission Adoption Hearing for Large Scale Comprehensive Plan Future Land Use Map
Amendment (Ordinance 2007-07) If adopted, Ordinance 2007-07 will become effective after 21 days of the
issues of "Notice of Intent" by the Florida Department of Community Affairs to find the large scale
comprehensive plan amendment in compliance. [ref: 163.3184 (lO)(a) F.S.]
The effective date of Ordinance 2007-14 is contingent upon the above referenced adoption and effective date of
Ordinance 2007-07 (Large Scale Comprehensive Plan Future Land Use Map Amendment).
ATTACHMENTS:
A- Noticing in the Orlando Sentinel
B- Minutes from the P&Z I Local Planning Agency Meeting, May 2, 2007
C- Current Future Land Use Map, April 2007
D- Proposed Future Land Use, April 2007
E- Ordinance 2007-14 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
ATTACHMENT A
~
~
..
r
or.
..
l!.
ULTRASOUNDTESTS OF THE
HEART & ARTERIES
Oi
...
x
c
~.
c
~
- -~
~ r ~-
f-'- -." I. ~y ~ -
-.'. , ~ '(., ~ :
, -- -----.: .:-~.
~
-<
:-<
8
...
lCi
Heart Attack ~revention Package.
Echocardiogram c) EchOcardiogram is a video ultrasound of
the h~rt,lt may detect enlargement of
Ultrasound Test the heart. valve abnormalities, blood
clots and tumors.
Electrocardiogram c) EKG may detect ischemia, silent heart
attack and atrial fibrillation: EKG
(EKG) Test provides a picture of the electrical '
activity of the heart
Hardening of [) Hardened arteries cause the heart to
the Arteries work harder, which leads to vascular
disease, ASl test shows the degree of
'(ASITest) hardening of arteries.
ALL 3 TESTS .. These cardiac tests are painless and non-
invasive.Their combined cost is more
than S 1,300 at most hospitals.
Stroke & Aneurysm Prevention
Package
Stroke/Carotid
Artery
Ultrasound Test
[)
Many strokes are associated with
blockages in the carotid arteries that '
may be detected with an ultrasound.
- , I.. .
.' .,
Abdominal aorticaneurvsms form as a
NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN
AND ZONING MAP CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CfTY COMMISSION OF
THE CfTY OF WINTER SPRINGS PROPOSES TO ADOPT:
ORDINANCE NO. 2007-06
AN ORDINANCE Of mE cm COMMISSIOH Of 1HE cm OF WINTER SPBlNGS, SEMINOLE COUNTY. R.ORIM RElAOO 10
COMPREHENSM PlANNING: SETIlNG FORm AND AllOPTlNG A lARGE SCALE COMPREHENSIVE PlAN AMEIIlMENT; PROVIIlING
FOR AOOI'TlON Of AN AMENlMENT 10 1HE RI1VRE Lm> USE MAP fN DESIGNIJIIG CEIlTAIN REAL PROPERlY W1TliIH lHE CfIY
Of WINTER SPRINGS GENERALlY OESCR1BEO AS 1WO (2) PARCELS Of LWl, CONTAIlING 28.9 GtlOSS ACRES, MORE OR LESS,
AND lOCAIDI GENEIW.IY AT 1HE SOUTHWEST CORNER OF THE IHTElISECTlOH Of DB.EOO STllEET AND HOWARD AVENUE, MORE
PART1ClJLARLY DEPICTED AND I.EGALlY DESCRIBED HEREIN IN EXHIlrr ~" ATTACHEO HERETO. fROM SEMINOlf COlMY
"RURAL-3" TO CI1Y OF WINTER SPRINGS "PUBUClSaI-PUllUC" Wl1H "CONSERVAllOH OVERLAY" (ON THOSE AFFEC1EO AREAS);
PROVIDING AN EFFECTIVE OATE ANO LEGAL STATUS OF THE PlAN AMENlIENT; PROYIlING FOR lRANSMITTAl Of THE PlAN TO
mE DEPARTJ.4ENT OF COMMUMTY AffAIRS; PRlMllNG FOR 'lHE"REPEAl Of PRIOR INCONSISTENT ORDINANCES AND
RESOLlITlON:S. SEVERABIU1Y, AND AN EFfECTIVE DAlE. (See MAP below. SIte '1', k1r 1ocaIlon)
ORDINANCE NO. 2007-07
AN ORDINANCE OF THE cm COMMISSION OF THE cm of W1NTBI SPRINGS, SEMII<<lLE COUNlY, FlORI1lA. RElATING TO
COII'REHENSIVE PlANNING; SET11NG FORTH AND AIlOl'I1NG A lNIGE SCAlI CDMPRatENSNE PlAN AMENiMENT; PROVIllNG
fOR AllOl'llON Of AN AMENDMENT TO THE FUllJlE LWl USE MAP fN DESIGNATING CEATAIl REAl PROPERlY'MTHIN lHE CfIY
OF WINTER SPRINGS GENERAllY DESCRIBED AS THREE (3) PAACELS Of LWl, CONTAINING 29.3 GROSS ACRES MORE OR LESS,
AND lOCATEO GENERAllY ON THE WEST SIlf !if DElEON SlREETAT CRESS RUN, MORE PARTlClJI.ARIY DEPICTED AND LEGALlY
DESCRlBEO HEREIN IN EXHIBfT"A," ATTACHED HERETo. fROM SEMINOlE COUNTY"RIJW.. -3" TO cm Of WINTER SPRINGS "flURAL
RESIOENTJAr WITH "CONSERVATION OVERLAY" (ON THOSE AlHCTED AREAS); PROWlING AN EFFEC1M DKTE AND l.E6Al
STATUS Of THE PlAN AMfIIJIENT; PROWlING fOR lRANSMITTAL Of 1HE PlAN 10 THE DEPARTJ.4EHT OF COMMUNm AffiIIRS;
PR<MOING FOR THE REPEAl Of PRIOR INCONSISTENT ORDINANCES AND RESOll/11ONS, SEVEIWlIUlY, AND AN EFFEClM DATE.
(See MAP below, SIte '2', k1r kIca1ion) .
ORDINANCE NO. 2007-09
AN OROINANCE OF THE cm COMMlSSION. OF 1HE cm Of WINTER SPRINGS, SEMINOlE COUIITY. fU'lRIOA, AIJOPTlNG A SMAll
SCAlE CllMPREHENSIVE PlAN AMENDMENT fN CHANGING THE FUTURE lAND USE MAP DESIGNATION Of 1HE REAL PROPERlY
CONSlTIl1ltlG ONE (1) PAReB. TOTAlING 4.32' ACRES, MORE OR lESS, AND lOCAIDI AT 1740 OElfON STREET ,IN WINTER
SPRINGS, RDRIIA, AND MORE PARTlCULARLY DEPIC1El ANO LEGAUY DESCRIlEO ON EXHIBIT .,." ATTACHED HERETO, fROM
SEllNOLE COUNTY "RURAl~ TO CfIY Of WINTER sPRINGS "R00Al FlESIlfNTW.' Wl1H "CONSElIVo'J1ON OVERLAY" (ON THOSE
AlHCTED AREAS); PROVIIlNG fOR 1HE REPEAl Of PRlOR INCONSISTENT ORIllNANCES AND RESOlIJT1ONS, SEVERAllUlY.
INCllRPORAT1OH.INTO fHE COMPREHENSIVE PLAN. AND AN EFFECTIVE DKTE. (See MAP below. SIte '2', for 1ocIlIon)
ORDINANCE NO. 2007-10
AN OROINAHCE Of THE CfJY COMMISSION Of THE cm OF WINTER SPRINGS, R.ORIDA, AIJOPTlNG A SMALl SCAlE
COMPREHENSIVE PLAN AMENDMENT fN CHANGING THE RJlURE lAND USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTAlING 1.6 ACRES, MORE OR lfSS, AND LDCmD AT 201 CRESS Rill IN WINTER SPRINGS,
R.ORIOA, AND MORE PARTlCUlARlY DEPICTED AND LEGAUY DESCRIBEIl ON EXHIBIT "A" ATTACHED HERETO, fROM SEMINOlE
COUNTY 'RURAl-3" TO cm Of WINTER SPRINGS "RIJW.. RESIlEKl1AI: Wl1H "CONSERVATION OVERlAY" (ON THOSE AFFECTED
AREAS); PIIOVIDtNG fOR THE REPEAl Of PRKIIllNCllNSISTENT OROtNANCES AND RESOlUllllNS, SEVEIWlIlIlY.INCOIll'()MTlON
IHIO THE COMPREHENSIVE PlAN, AND AN EFFECTIVE D,IJE, (See MAP below, SI8 '3', for location)
ORDINANCE NO. 2007.14
AN ORDINANCE Of THE cm COMMISSION OF THE CI1Y Of WINTER SPI\lNGS~ FLOIIIlA. CHANGING THE ZONlNG MAPDESIGNATIllN
, OF THE Ru,l PROPERlY CllNS1lTUTING THREE (3) PAR:ELS TOTALWG 29.3 ACRES, MORE OR LESS, AND lOCATED GENBW.lY
ON THE WEST SIDE OF DillON STREET AT CRESS RUN IN WINTER SPRINGS, R.ORIOA, AND MORE PAI!llCl/lAALY DEPICTED AND
, LEG.&uY DESCRtBEtl ON EXItIlIT "A' ATTACHED HERElO, fROM SEMINOlE COUNTY "A-3" TO cm Of WW1ER SPRINGS "R-tl
SINGLE FAMILy OWELLING"; PROVIDING FOR THE REPEAl Of PRIOR; INCONSISTENT ORDINANCES AND RESOlUTIONS,
SEVERABIlITY. AND AN EFfECTIVE OATE. (See MAP below, SIte '3', b' kIca1ion) ,
ORDINANCE NO. 2007-15
AN ORDINANCE OF THE cm COMMISSION OF 1HE cm OF WINTER SPRINGS, flORIIA. CHANGING 1HE ZONING MAP DESIGNATION
OF THE REAL PROPERlY CONSllTllTlNG ONE (1) PARCEl lOTAUNG 4.32 ACRES, MORE OR LESS, AND LDCATED AT 1740 DElfON
STREET IN W1NTBI SPRINGS, R.ORIDA, AND MORE PAIlTICUlARLY DEPICTED AND LEGALlY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, fROM SEMINOLE couNTY "A-3"1O cm OF W1NTER SPRINGS "R-tl SINGl.f FAI,lLY DWELLING'; PROVIJING F<Il THE
REPEAl OF PRIOR INCONSISTENT OI\lllNANCfS AND RESOLl1T1ONS, SEVERABIqTY, ANO AN EFFECTIVE DATE. (See MAP below, SIte
'4', for location)
.
ORDINANCE NO. 2007-16
AN ORDINANCE Of THE cm COMMISSION Of 1HE cm Of WINTER SPRlNGS, R.ORIOA, CIlANGlNG THE ZONING MAP DESIGNATION
OF 1HE REAL PROPERlY CONSmunNG ONE (1) IW)CB. TOTAlING 1.6 ACRES, MORE OR LESS, AND LDCAIDI AT 201 CRESS RUN
IN WINTER SPRINGS. R.ORIOA, AM> MORE PARTlCl1.ARLY DEPICTED ANO LEGAllY DESCRIBED ON EXHIBIT "A" AmOiED
HERETO, fROM SEMINOlf COUNTY 'A-3" TO CI1Y Of WW1ER SPRINGS "R-Cl SlNGLE-fAMIlY DWEWNG'; PROY1OING F<Il,THE
REPEAl OF PRIOR INCONSISTENT ORDINANCES AND RESoLl1T10NS. SEVERABIUlY, AND AN EFFECTIVE DATE. (See MAP below, Sib!
'4'. for Iocationl :
Aneurysm I est L-f artery wall that may be detected with an
(4-hour fast required) ultrasound.
Blood Circulation c) Many adults aver 55 have leg cramps
(Arteriosclerosis) due ta poor drculatian. ABI screening
Test measures extremities far peripheral
arterial disease.
.~ "
h .
,.,> I)) These vascular tests are paln~ i!nd
. ALL 3 TESTS nan-invaslve.Their cambinl!(tcast ~
more than $1.000 at most h9spitals.
+ ~:~~~AIR.
Resllts are interepfeled by board certlfied physicians Mlh
specialties i1 cardiology, echocardlography, and vas..... &Orgel)!.
Caporale programs are available.
~ ORI.ANDO
Onnge County May 18th
Quality 1M Ind Suites
ItIM FI-. Mall
a700 S. Orange Blossom Trt.
ORLANDO
May 31st
South OrlMdo YMCA
. Bl.fW.aakridg. Rd.
WINTER GARDEN
June 7th
Roper YMCA
100 Windermere Rd.
~Inoleco~
OVIEDO
May 23nj'
June 161h
Walgreons .
B5 E. MllcheN Hammock Rd.
AU'AMOMTE SPRINGS
May21st .
WIlgreens
200 W.Stal. Rd.436
LAKE MARY
May 29th
Lob Mary YMCA
665longwood Rd.
-1.
WINTER SPRINGS
May 30th
WIlgreens
401 W. State Rd.434
LONGWOOO
Jun. 12th
Comfort Inn_
Confennce Center North
202S W. 51 434
APOPKA
Jun. 13lh
Walgreen.
12SE. Main
APPOINTMENTS
ARE NECESSARY!!!
Call Toll-Free
1.888.822.FAIR(3247)
www.healthfair.com
ORLANDO
May 19th
June 19th
Walgreen.
6651 Old Winter Garden Rd.
OIILANOO
May 25th
June 6th
FJ-. Hospital Church
2800 N.0r3nge Ave.
ORLANOO.
June'l4th
Walg......
8000 Uk. UnderhUl Rd.'
ORLANDO
June 8th
'11M LexingtOn Hotel
304 W.Colonlal Or.
WINTER MRK
June 14th
Redeemer Luthenn Church
3377 AJoma Ave.
LAKE MARY
May 25th
WaIgNen.
1201lnt.mationa' P\wy. S'
~IaCou~
Ia'SSIMMEE
June 7Ih
.w~
8400 W.lrIo Bronson
AU'AMONTE SPRINGS
June Sth
hlIyTotaI FlInoss
733 W. 51at. Rd.436
~keCou~
OSIMOHT
May 30th
Hampton 1111\'
2200 E.Hwy.50
lEES8URG MT.DORA
June 6th Jun. 9th
Walg_ HaltlptolllM
2010Cltrus Blvd. 19700 Hwy.44i.
OVIEDO
June 15th
OvMdoYMCA
7900 Red Bug la~ Rd.
PUBUC 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
I
1126 EAST STATE ROAD 4.34
WINTER SPRINGS, FLORIDA
,
;"1
.,
wi
;"';,1
~,
>.
The proposed ordinances may bo.obl3il1ed by ln1eres\ed par1Ies between 8 am. and 5 p.m., Monday1l1~friday, IIt1eCly'sC~
Ilftlce, located at 1125 E. SR 434, Wlnlet Springs, Aori~ For 1IlOII inIotmaliocl, c.aI (407) 327-1800 #'lZI. ~ wI1h IllsaIft!S; .
~>ll assistance to ~ate k1 any of 1/lese proceedings $!Wd _tie Employee Relations Depar1meI1l 000nInaIDf, 4811cxn<
In advance of 1110 me.ting at (407) 327-1600, #236. These are pubic~ InIBlOS1ed parties are lIlIVIsed1hal1hey may appear at
tie meeting and be heard wilh respect to the prOP,Osed ordilances. n yoo dec~ 10 appeal ~ IeC()l1Ill8Ilda tJIl1ecis1on Ill. by tile;
CIly Convnlssi6n wilh respect to any matter considered at this merinO, yoo'wtll neeil a record 0I1he ~ and lor sucI'1'
1lUfPIlS8S' you may need 10 ensure !hilt a verbatim record of Il1e proceedings is made upon whlcllll1. appeal Is basid. . ...:
.
,
,
.
,
I
,
,
,
,
.
.
.,
.~
.:.
'I
Of
:l
..
..
.a
..
'"'
'"
o;:a
..
.;..
.-,:A
-,
"
~.
"-'1
';~I
-,
.
.,
.
,o,jl
......
,.,~
".' ~,
L
NonCE OF CHANGES TO THE COMPREHENSIIlEPLAN
AND ZONING MAP CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS WlLL HOlD
. PUBLIC HEARINIlJ
.. FOR SECOND REAOING'~ '.(OOPTION ON:
ORDINANCE NO. 2OG1.ll6
AN ORDINANqE OF THE CITY COMMISSION OF T>lE CITY OF WINTER SPRINGS.
SEMINOLE Cl<lii,n:,rFlORIDA, RELATING TO COMPREHENSIVE PLANNING: SET-
TINGFORTli'''NA:'''OOPTlNG A LARGE SCALE COMPREHENSIVE PLAN AMEND.
MENT: PROVIDiN!11<OR ADOPTION OF AN AMENDMENT TO THE FlJTURE lAND USE
MAP BY DESlGNJ\TINGCERTAIN REAL PROpERTY WITHIN THE CITY OF WINTER
SPRINGS !>ENI'JIAU.Y DESCRIBED AS TWO 12) "'RCELS OF lAND. CONTAINIIlI>
28.. GROSS ACRES, MORE OR LESS, AND LOCATED GENERALLY AT THE SOUTH-
WEST CORNER 'O'F THE INTERSECTION OF DELEON STREET AND HOWARD
AVENUE,'MOREfPARTlCULARLY DEPICTED AND LEGAL"" DESCRIBED HEREIN IN
EXHIBIT ' HERETO, FROM SEMINOLE COUNTY "RURAL." TO CITY OF
WlNTER \JBUCiSEMI.PUBUC" WITH "CONSERVATION OVERLAY" (ON
fHOSe EAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS
'.OF MENT; PROVIDING FOR TRANSMITTAl: OF THE PlAN TO THE
" DECC>/olIlUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR
INe ~:"~,E:~~~ 1~~~~fNS. SEVERABIur.v, AND AN EFFEC.
. ORDINANCE NO. 2OClNl7
AAC>'ADINANCE, OF THE CITY COMMISSION OF THE CITY OF WINTER SPRIIlI>S,
'~r,:",~~~~~TY~.e;::}~1~~~M':.e:~~v:~~N=
MENT; PROVlolNGFOR ADOPTioN OF AN AMENDMENTTOTHE MURE lAND USE
MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THB CITY ,OF WINTER
SPRIN!>S GENERALLY DESCRIBED AS THREE (3) PARCEfLS OF lAND. CONTAINING
211.3, GROSS ACRES MORE OR LESS. AND LOCATEfD GENERALLY ON THE WEST
SIDE OF DELEON STREET AT CRESS RUN. ,MORE PARTICULARlY'OEPICTED AND
LEGALLY DESCRIBED HEREIN IN EXHIBJT"A,"ATT.!CHED HERCTO, FROM SEMINOLE
COUNTY "RURAL.3".T0 CITY OF WINTER SPRINGS "R\JRAL, RESIDENTIAl." WITH
"CQNSEAVMION OVERLAV" (ON THOSE AFFI'creo AREAS); PROVIDING AN EFFEC-
TIVE DATE AND., LEGAL STATUS OF THE PlAN AMENDMENT; PROVIDING FOR
TRANSMITTAL OFTHE PlAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PRO-
VIDIIlI> FOR THE,REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU-
TIONS. SEVERASIUTY, AND AN EFFECT1VEOATE. (s.. MAP below. SIll '2', for locatlon)
ORDINANCE NO. 2007.14
AN OROINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA. CHANGING THE ZONING MAP DESIGNATION OF THE REAl PROPERTY
CONSTiTUtiNG THREE (3) PARCELS TOTAUNG 20.3 ACRES. MORE ORLE~S, AND
LOCATED GENEfRALLY ON THE WEST SIDE OF DELEON S!l'REET AT CRESS RUN IN
WINTER SPRINGS. FLORIDA. AND MORE PARTICULARlY DEPICTED AND LEGAU.Y
DESCRIBED ON EXHIBIT "A" ATTACHED'HERETO, FROM SEMINOLECPUNTY"A-3"TO
CITY OF WINTER SPRINGS "fl.C' SINGLE FAMI"" DWELUNG": PI\OVIDING FOR THE
REPEAL OF PRIOR. INCONSISTENT ORDINANCES AND RESDLlJTlONS, SEVERABIL-
ITY, AND AN EFFECTIVE DATE.,... MAP boJ!IW,!l'1o '2', lor '-don)'
PUBUC HEARING
FOR FIRST READING' TRANSM.ITTAL ON:
C ORDINANCE NO. 2007.22
AN OROINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY. FLORIDA, ADOPTING A LARGE SCALE COIAPREHENSIVE
PLAN AMENDMENT ESTABLISHING A PUBLIC SCHooL FACILITIES ELEMENT AND
AMENDING THE CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAl COORDI-
NATION ELEMENTS CONSISTENT WITH CHAlPTER 163. FLORIDA STATLlTES; PRO-
VIDING FOR TRANSMITTAL TO,THE DEPARTMENT OF COMMUNITY AFFAIRS, THE
REPEAL OF PRIDR INCONSISTENT ORDINANCES AND RESOLlJTlONS, SEVER.
ABILITY, INCORPORATION INTO THE COMPREHENSNE PLAN. AN EFFECTIVE DATE
AND LEGAL STATUS OF THE PLAN AMENDMENTS.
PUBUC HEARINGS
WILL BE HELD ON
MONDAY, SEPTEMBER 10,2007 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 propOSlild ordinances may b. obtained by lrltatuled parti.s between 8 a.m. and 5
p.rn., Monday through Friday. al the City'. Cterk's Of lIce, ~at.d.111:ae E. SA "34. Winter
Sponge, Florida. For mor.lnformation, call ("07) 321.1800 11227. Perlo", with d1sabJlI1les
needing 8ulalanc8 to partlclpale In" any 01 Ih... proc..dlng. Ihould contac1 lhe
Employee Aelaliol'l.' Oep.irtmenl COOrdlnalor, 48 hours In advallC8 or lh. meellng al (<407)
327-1800, #235. Thele are pubilc hearings. Intereiled partie. ate advlHc:llhat Ii'll'( may
."pp.ar.t Ihe meeting and be heard with respecllo the propoliedordlnanoea.lf you decide
to appeal any tec:ommendatign or d8dslon made by lhe City CommlNlon with reapec:t \0
eny mattur eenaldered allhls meeting, you will need a record 0' the prOCMdlngs. and Ie,
such purpose" you may need to enaure that a verbatim record of the proceedlngals made
upon which the appeal Is based.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE 8 OF 13
PUBLIC HEARINGS
502. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2007-14 Which Rezones 29.3 Acres (More Or Less), Located
Immediately West Of DeLeon St. At Cress Run From (Seminole County) "A-3"
Agricultural To (Winter Springs) "R-Cl" Single Family Dwelling District"
(Minimum Lot Size- 1 Acre).
Ms. Sahlstrom presented this Agenda Item and said, "Staff has reviewed this and does
believe that we meet those Criteria." Ms. Sahlstrom said, "When you do have a City
initiated action, the City does notify the Applicant by 'Certified' letter and the Florida
Statutes state that the Applicant is to be notified within a certain period of time before
any Adoption takes place if it should take place, and we did meet those requirements.
We met the requirements for the Noticing in the paper and we also did Notice the
adjacent property owners within one hundred fifty feet (150') about both of these
actions."
Next, Ms. Sahlstrom stated, "Staff does ask that you would make a recommendation to
the City Commission to Adopt the Zoning change. Zoning is dependent upon the Land
Use so, since it has a Large Scale Land Use in process, the Zoning would not be Adopted
until the Land Use was in fact Adopted."
Ms. Sahlstrom said, "Actually I have a mistake in here and I apologize. If you look at the
very last page of the Staff Report, the dates under the 'Anticipated Implementation
Schedule', we anticipate that the City Commission would have First Reading of the Re-
Zoning Ordinance on May 29th [2007], that the City Commission would most probably
have the Second Reading in consideration for Adoption of the Large Scale Amendment
on September 10th [2007] and then after that consideration, if in fact the Commission
were to Adopt the Large Scale Comprehensive Plan Amendment, then also at the
September 10th [2007] Meeting, the City Commission could then Adopt this after having
a Public Hearing for Second Reading. So, that date of June 25th [2007] is incorrect. It
should say September 10th [2007]."
Chairman Poe opened the "Public Input" portion of the Agenda Item.
Ms. Margaret A. Wharton, P.A., Esquire, 103 South Brown Avenue, Orlando, Florida:
spoke about the Re-Zoning and is Opposed to this Agenda Item.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
Tape 2/Side A
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE 9 OF 13
"I MOVE THAT [AGENDA ITEM] '502' BE APPROVED AS PRESENTED
CHANGING THE 29.3 ACRES MORE OR LESS LOCATED WEST OF DELEON
[STREET] AT CRESS RUN FROM SEMINOLE COUNTY 'A-3' AGRICULTURE
TO WINTER SPRINGS 'R-C1' SINGLE FAMILY DWELLING DISTRICT."
MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON
TILLIS. DISCUSSION.
VOTE:
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
MOTION CARRIED.
Ms. Sahlstrom noted that, "We will take this forward on May 29th [2007]."
PUBLIC HEARINGS
503. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2007-09, A Small Scale Comprehensive Plan Amendment, To Change The Future
Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less,
Located On The West Side Of DeLeon Street At 1740 DeLeon Street From
(Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs)
"Rural Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those
Affected Areas.
Ms. Sahlstrom introduced this Agenda Item, displayed an Aerial view of the property and
said, "Staff does recommend that you hold a Public Hearing and recommend Approval to
the City Commission for Adoption of this Ordinance which is a Small Scale
Comprehensive Plan Amendment to change the Future Land Use Map (FLUM)
designation of one (1) parcel from 'Rural-3' to Winter Springs 'Rural Residential' with
'Conservation Overlay' on those affected areas. And, if you do make a recommendation
to move this forward, it will go to the City Commission on May 29th [2007] and because
it is a Small Scale Comprehensive Plan Amendment, it does not have to be Transmitted
to the State for review. We transmit it to them after an Adoption just for their records.
And so, Adoption is anticipated most likely for June 25th [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.
ATTACHMENT C
Existing Zoning - April 2007
A-3
Sit
A-3
LEGEND
ri~:tiil CN (SC)
.. C-1 (WS)
~ Conservation
CJ A-3 (WS)
CJ A(OV)
CJ A-1 (SC)
CJ R-1A(WS)
CJ R-1 (OV)
R-C1 (WS)
S.R. 434
A-3
FLORIDA
R-1
A
o
510
255
I
1,020 Feet
D
N
Source: Seminole County GIS, City of Winter Springs, April 2007
-
ATTACHMENT D
Proposed Zoning - April 2007
A-3
Site
A-3
A
255
510
LEGEND
CI CN (SC)
"C-1 (WS)
~_ Conservation
c:J A-3 (WS)
c:J A (OV)
c:J A-1 (SC)
c:J .R-1A(WS)
c:J R-1 (OV)
R-C1 (WS)
S.R. 434
A-3
FLORIDA
R-1
o
I
1,020 Feet
D
N
Source: Seminole County GIS, City of Winter Springs, April 2007
ATTACHMENT E
ORDINANCE 2007-14
AN ORDINANCE OF THE CITY COMMISSION 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 ORLESS, AND LOCATED GENERALLY ON
THE WEST SIDE OF DELEON STREET AT CRESS RUN IN
WINTER SPRINGS, FLORIDA, AND MORE
P ARTICULARL Y 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.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at their 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 fOlih hereunder and considered findings and advice of
staff, citizens, and all interested patties submitting written and oral comments and supPOlting 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 substat1tial evidence
supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2007-14
Page] of 2
~,.,
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "A-3" to City of Winter Springs "R-Cl
Single 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 2007-07, as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Chmier. If Ordinance 2007-07 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-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. 2007-14
Page 2 of 2
~h
EXHIBIT A
Ordinance 2007-14
~II
';!i
iD
II
HOWARO
<I€
~
,
L-
-
-
DELE N ST.
-
>;:-
V_
~-~
tp ~_ 1-
..... ~_' I-
~f' - : "=
61 1 I !I__ =
Y I - ~- -
11'WJ.J.J.J.l.J' - :== ~
~ r T'/ "-
~-
1lIIlTITIiITl1IIl ~-
~&~1~~34
Su bject
Property
RESS
-
'" ,",,,n"
'--
~ I
\
r-<:
L --..
~ ~
s,~~\;
I ^ 1 n
Parcel #s & LeQal Descriptions:
03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF S v.. OF E Y, OF SW y.. OF NW y..
(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 21 S RGE 31 E 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 31 E W Y, OF SW y.. OF NW y..
ORDINANCE 2007-14
AN ORDINANCE OF THE CITY COMMISSION 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
ONEXlllBIT"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.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at their 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 suppOlting data
and analysis, and after complete deliberation, hereby fInds the requested change consistent with the
City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby fInds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2007-14
Page 1 of 2
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "A-3" to City of Winter Springs "R-Cl
Single 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 2007-07, as adopted by the City Commission of th~ City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-07 does no~ became effective,
then this Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, Ficrida, in a regular
meeting assembled on this 10th d f September _,2C07.
r
~ ~~=-
--.Jotm-F;-Btts ,Ma-}'6t""
Sally McGinnis, Deputy Mayor
And ea Lorenzo-Luaces, City Clerk
I
f
to legal form and sufficiency for
inter Springs only:
Anthony A. Garganese, City Attorne
First Reading: May 29, 2007
Second Reading: September 10, 2007
Effective Date: See Section 5.
City of Winter Springs
Ordinance No. 2007-14
Page 2 of 2
EXHIBIT A
Ordinance 2007-14
!
I
.j
1
I
,
j
,
DEL ; N ST.
_ ESS
Subject
Property
-----
--......
Parcel #s & Leaal Descriptions:
03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF S % OF E % OF SW 1,14 OF NW 1,14
(LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S
TO A PTW 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: SEe 03 TWP 21 S RGE 31E W % OF SW 1,14 OF Nvv 1,14