HomeMy WebLinkAbout2007 11 26 Public Hearing 502 First Reading Ordinance 2007-25 Change Zoning Designation
CITY COMMISSION
ITEM 502
x
November 26, 2007
Meeting
MgJro~-#I!J=-
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading of Ordinance 2007-25, which changes the Zoning
designation for four parcels, equaling 9.862 acres more or less, located at Florida Avenue and Lake
Lucerne Circle from (Winter Springs) "C-2 (General Commercial)" to (Winter Springs) "PUD
(Planned Unit Development)".
PURPOSE: To consider the request of Engineered Homes of Central Florida to Rezone property
on SR 434, from (Seminole County) "Rural-3" to (City of Winter Springs) for four parcels, equaling
9.862 acres more or less, located at Florida Avenue and Lake Lucerne Circle from (Winter Springs)
"C-2 (General Commercial)" to (Winter Springs) "PUD (Planned Unit Development)".
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning
ordinances).
Winter Sprin!!:s Charter Section 4.15 Ordinances in General. (procedures for adoption of
ordinances).
Winter Sprin!!:s Section 20-26. Intent and purpose.
Winter Sprilll!:s Section 20-27. City commission authority.
Winter Sprin!!:s Section 20-28. Due process; Special notice requirements.
Winter Sprin!!:s Section 20-29. Applications.
Winter Sprin!!:s Section 20-30. Staff review.
Winter Sprin!!: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 thereasons
for the board's recommendation and show the board has considered the applicable rezoning
November 26,2007
City Commission Public Hearing Item 502
Page 2 of 5
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. Ifthe 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:
(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;
(10) The proposed rezoning will not constitute a grant of special privilege to an individual owner
as contrasted with the public welfare;
(11) The proposed rezoning change is not out of scale or incompatible with the needs of the
neighborhood or the city;
(12) 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 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) (upholdin2 the constitutionality of the
principles of zonin2).
Florida Municipal Home Rule Powers Act.
November 26, 2007
City Commission Public Hearing Item 502
Page 3 of 5
CHRONOLOGY:
June 12,2006- Adoption of Large Scale Comprehensive Plan Amendment changing the Future Land Use of
the Dittmer property (PID# 33-20-30-503-0000-0250) to Medium Density Residential (Ordinance 2005-29).
July 21, 2006- Adoption of Small Scale Comprehensive Plan Amendment changing the Future Land Use of the
Elsea property (PID# 33-20-30-503-0000-025A) to Medium Density Residential (Ordinance 2006-06).
July 21, 2006- Adoption of Small Scale Comprehensive Plan Amendment changing the Future Land Use of the
Florida Avenue LLC property (PID# 33-20-30-507-0DOO-0100; & 33-20-30-507-0DOO-0900) to Medium
Density Residential (Ordinance 2006-05).
Sept. 12,2007- Rezoning application received.
Nov. 7,2007- Local Planning Agency heard the request and made recommendation of Approval to the
Commission.
Nov. 26. 2007- 1st Reading of Ordinance 2007-25
CONSIDERATIONS:
Applicant- Engineered Homes of Central Florida; 1155 S. Semoran Blvd., Ste 1118; Winter Park, FL
32792; (407) 571-4347; iporter@engineeredhomes.com
Contract Purchaser - Keewin Real Property Company; 1 031 West Morse Blvd., Ste 325; Winter Park,
Florida 32789; (407) 645-4400; ifolk@keewin.net
Property Owners - Elsea Property- Victor H. Richardson, Jr.; Charles A. Richardson; Timothy W.
Elsea; Dittmer Properties-Walt Dittmer, Jr.; & Florida Ave., LLC- Jon M. Hall
Parcel Numbers - 33-20-30-503-0000-0250; 33-20-30-503-0000-025A; 33-20-30-507-0DOO-OI00; &
33-20-30-507 -ODOO-0900
Acreage - approx. 9.872 acres with vacated right-of-way or approx. 8.8 acres without right-of-way
General Location - The site is located in the vicinity of Florida A venue and Lake Lucerne Circle and
immediately west of the Winter Spring's Water Treatment Facility.
Legal Description - see sketch descriptions, attached.
Existing Land Use - Vacant and Vacant Homestead.
Existing Land Zoning FLUM
Uses
Subject Vacant, Requesting (WS) PUD Medium Density Residential (WS)
Site Vacant Homestead from (WS) C-2
---...-............ - .-..........-.......--.............-..... ....-......----.........--.........
North Vacant, undeveloped PUD (WS) Medium Density Residential (WS)
---
South Vacant, undeveloped A-I (SC) Low Density Residential (SC)
- ____.~m...
East Wastewater & PUD (WS) Public/Semi-Public (WS)
Reclaimed Water
Treatment Plant
- ......~..._...__......_-~_.~
West Vacant and Single PUD (WS) and R-IA Medium Density Residential (WS)
Family Residential (SC) and Low Densitv Residential (SC)
(WS) Winter Springs; (SC) Seminole County
November 26, 2007
City Commission Public Hearing Item 502
Page 4 of 5
Development Trends - The subject property is part of the proposed Winter Place subdivision.
Letters/Phone Calls In Favor Or Opposition - 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;
(3) Consistent with any Master Plan for the property- The subject property is part of the proposed
Winter Place subdivision and master plan;
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Winter Springs "C-2 General Commercial" to Winter Springs "PUD Planned
Unit Development" is appropriate and compatible with the land use pattern established by the City's
comprehensive plan; The property has a future land use designation of Medium Density Residential
along with the adjoining properties to the west, north and east.
(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 is already zoned PUD. The subject
property is part of the proposed Winter Place PUD development.
(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) 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 N ecessary- The current Zoning is incompatible
with the Medium Density Residential Future Land Use Map classification that was adopted in July
2006. Therefore the proposed Rezoning to PUD is necessary to make the Zoning consistent with the
Future Land Use designation.
(9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed Rezoning change will not
seriously reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding Property Values- The proposed Zoning designation has been
determined by evaluating the prevailing character of the area around the subject property;
(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;
November 26,2007
City Commission Public Hearing Item 502
Page 5 of5
(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 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.
STAFF RECOMMENDATION:
Staff recommends that the city Commission hold a Public Hearing for First Reading of Ordinance
2007-25, changing the Zoning classification on the subject property located in the vicinity of Florida
Avenue and Lake Lucerne Circle from "C-2 General Commercial"(Winter Springs) to "PUD Planned
Unit Development" (Winter Springs).
PLANNING & ZONING BOARD / LPA RECOMMENDATION:
At a regular meeting ofthe Planning & Zoning BoardlLP A on November 7,2007, the Board I Agency
recommended unanimous approval of Ordinance 2007-25, with a vote of 4-0.
TENTATIVE IMPLEMENTATION SCHEDULE:
Nov. 29,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption)
Dec. 10,2007- 2nd Reading IAdoption of Ordinance 2007-25
ATTACHMENTS:
A. Noticing in the Orlando Sentinel
B. P&Z/LPA Minutes from Nov. 7,2007
C. Current Future land Use Map, November 2007
D. Current Zoning Map, November 2007
E. Ordinance 2007-25 including Location Map & Legal Description
CITY COMMISSION ACTION:
ATTACHMENT A
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Legal notices
Public Hearing
Notices
C1TY OF WINTER SPRINGS
LOCAl PLANNING AGENCY
WILL HOLD PUBLIC HE...RINGS
FOR
ORDIIlANCE NO. IIlG7-Z1
"'N ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
WINTER SPRINGS. FLORID....
...DOPTING A SMA~LSC"'LE FU.
TURE LANDoUSE' P AMEND.
MENT BY CH...NGI G THE FU.
TURE L"'ND USEM"'P DESIG.
.N...TION OF THE RE"'L PROp.
ERTY CONSTITUTING
PORTIONS OF TWO (2) PAR.
CELS TOTALING 7.54 ACRES
MORE OR LESS AND GENERAL.
LY LOC...TED IMMEDIATELY
WEST OF CHELSE... P...RC AT
TUSC...WILL... SUBDIVISION IN
'K I 'iT~~~ R~ ~~~ I t a~~lit...y
D~PICTED "'ND LEG"'LL Y DE.
SCRIBED ON EXHIBIT ..... "'T.
TACHED HERETO. FROM CITY
~tl~~1}.~1M,'~~I~~~c'Jl,E~rT~
CONSERV...TION OVERL"'Y,TO
CITY OF WINTER SPRINGS
'MEDIUM DENSITY RESIDf'
,.n...L' WITH CONSERV...TI N
OVERL...y; PROVIDING F ,R
THE REPE"'L OF PRIOR INC N.
51STENT ORDIN...NCES AND
F~~8~lj,T&~~~ I~ENV1~~~'L+~';i
COMPREHENSIVE PL...N. "'ND
"'N EFFECTIVE D...TE.
OROtNANa: NO. 2007.25 AN ORDI.
N...NCE OF THE CITY COMMIS.
SION OF THE CITY OF WINTER
SPRINGS" FLORID.... CHANGING
THE ZONING. MAP DESIGN....
. ~~..tL OtR~~~~W~~~~Tf,A~~
LOCATED ...LONG FLORIDA AV.
ENUE ...ND LAKE L.UCERNE
~IRCLE IN WINTER SPRINGeS.
,FLORIDA ...ND LEGALLY D .
'SCRIBED IN'-EXHIBIT 'A.' "'T.
T...CHED HERETO FROM 'C.2
GENERAL COMMERCI...L' TO
'PUD PLANNED UNIT DEVEL.
OPMENT'; 'ZONING CERT...,N
RIGHT.OF.W...y LEGALLY DE.
SCRIBED IN EXHIBIT 'N ...5
'PUD PL...NNEDUNIT DEVEL.
OPMENT' UPON V...C...TION OF
S...,D RIGHT-OF-W"'Y BY SEMI.
NOLE COUNTY' PROVIDING
FOR THE REPl:'ALOF PRIOR
I NCONSISTENTORDINANCES
~~I~ l~i:2hgT~~~SFtfc~Tv~
D"'TE.
P.M. OR
COMMIS.
THE WlfiR C1TY HAIL
ac ~ SPRI~Gs.RWRIOA
The agenda IlemJ mav be Insped.
ed by Intere,ted PQrllO$ belween I
Fc.1Tl and 5 p.m Monday. thravgh
rldav/ 01 111. dfy's CI.rk's OHlc..
oealea al1\~ Easl Slale Rood. Ul.
. ~1~~gJro'rinl:t'1 f18fld~7~~'m"7~
Persons with disabilities needing
OJ,lslance 10 portfclPOte In ql1Y ql.
Ihese proe.edl'Ws shaul.d contact"
~:nfg':i~jj~~lar~I~I~;P1~a~J:
vance of Ihe meehng 01 (407)327.
'1800. Exl.nslon 236. II yau'declde
to appeal anv recommendation
~a~1J~vr;~ Lf'~la~la~~fe~~:
,rdered 01 'ltTs meetIng. you will
need 0 recar.d 01 Ih. prac:eedlngs.
~d II'ci .~~t~e~~~a:e.:er~g~m'":'~
cord 01 the proceedings Is made
~pon wtlith llle appeal Is based. In-
teresled parties ore advised thaI
Ihev mav appear at the m.etlng
and mav be heard wllh r.._1 10
lhe Ilrooosed ordinance Item. '
SLS526040
em Of WINTER SPRINGS
LOCAL PLANNING AGENCY
WILL HOLD
PUBLIC HE...RING5 FOR
OROINANCE NO. lOCH.
...N ORDIN...NCE OF ..HE CITY
COMMISSION OF THE CITY OF
WINTER SPRINGS... FLORID'"
...MENDING CH...PTeR 20, ZON-
W...GNtls THER~OLo,.,;'~b OR%
PL...NNED UNIT DEVE;LOP.
MENT; ...MENDING THE DEFI.
NITION OF GROSS RESIDEN.
TI...L ACRE "'ND PROVIDING ...
DEFINITION AND DENSITY
~8g. rRI6Vi8IN~~~e'~l\t~
...r-.l ,...,.. P'U'l'^& UI"'^"IC~CT~~T
~a~~I~Yr~~~~g' :n'onrl:!.'lf.f~~:
srdered at Ihls meelln;. you will
need 0 recerd of lhe' prQ!:~lngs,
~~ I~ e~~tM"r:e:eJg~~~i:
~~ ~I~~elt\'e~~~~rrss~sse~.a~~
leresled POrtl.. ore advised Ihal
Ih.v /llqy, appear al the meeting
and may be heard. .-wlth rtslletlla
Ihe. 'pfaj)Qsed ordlno. nce lIem.. . ..'
SLS52'I503 .: .. 1~7
.N01)CE'Of PUBUCNJAAlHG.
~~~e ar.'leli~b~oU~~I\I~I;t~'(n~
t~:f ~WJ1.on 1~';!:,S:n:'t:
Cllv Hall Council Chambers. 1600
Nela ...venue, Belle 'SIU' Florida
32809 01 whlcn meeting he lallow-
Ing Ilem(sl wllllle ca.ns dtred:
COll1ldtl.tici~ ., F1u1 P~P"'ol IOf
1934 MeCel Rood will" os 1IIIloN.
of Bloello .ad r,. B.1tltI \rkSlbdivl-
;'::,::.c~ z~Iot..~ ''.%.:-
know. u P~elID ,iIIL~lIl'lJJl-Ol_
owold ~, SIt B,'ajl ~o.iirUr ,.,...
.,.rod ~. Mr. Jeleitllulr EI1teti '
, Should an~ r,rlQfJ ~lfIt 10 appeal
. g~~~~t'~r~~'tj~r:~Gg~~hl~ .
meellnG a verballm record 01 the
f,roeeedlng, "Ialncl~~ .vldence or
~lm.g::~t~Cor.'Jc ",g~y~~~~~:
:~'II~nlslo":r~~rJ':7~~bbli~~rg:,n~
~a~jt~ ~ d~gril~~~I~~~r~d
within the Americans With D,sabll.
Itles "'cl. ne,d assislance 10 parlic.
~~I~~~tl~n'lr~e~~n8111~~a~I"I'~
Cllv Clerk 01 ~elle Isl. 01 407-851-
7730 at I.asl 24ha~rs In advance 01
Ihe meeting.
Bel[nda' L. Baleman. MMC
. City Clerk
OLS5172'18 10128107
Sale Notices
~~ET~M~RJ~~'IM~~FRlJW
IN "'ND FOR ORANGE COUNTY.
FLORID....
CASt NO" 2lIII7.CA.-n.0
. DIYIslol17
fi"~RT' .
~MCAl'E'_S
NOnCE OF SAlIi.
Notice Is hereby ;Iven lnol pursll-
anI 10 the Final J~dgmtnt 01 Fare-
f~~~e c::.~ I S:f!I.;~~.26'rm~:
Iy"sltual.d 111 ORANGE c!'alinly. .
Florida. deICrlbed os:
TO
IN
1~7
~~PM
gruj~K
ofkJo lt65 andavllle DrIve.
Orlando, Florida J282.4
at public 101., 10 the highest and
~~Vnf~dro~r/,\'~~~srOc~~:l~~~~~
North Orange Avenu.. s~lI. 350.
~I~~~t ~~da. 01 n:GO ,'cI... .....
Anv person clalmin; an Interest In
Ihe surplus Irom lilt sole. If anv.
gl~~ ~~ ~~~n:rfl~~~d~~~e.::.u~~
file 0 claim within 60 davs oller
Ihe sole.
Doted 01 Orlllnda. Florida. this daY
of QcII1l. 2007.
LVdla Gordner
Clerk of lhe Circuli Ca~rt
(CIVIL COURT SEAL)
Bv: Lacorsha Whitmore
. DePUly Clerk
If lO!I .re e _ with . dioQlIlly wbo
IItide _dttI.. II ri, fG pac:tlcl-
"... HI Ihil ...r.HlIIH. .... I,. iItitI,d
.
NOna: Of PUBUC SAlIi
PERSON...L PROPERTY OF THE
FOLLOWING TEN...NTS WILL BE
SOLD FOR CASH TO S...TlSFY
RENT"'L LIENS IN ACCORD.
"'NCE WITH FLORIDA ST...T.
~~El/;f.Ek~c\1g~~~1.8~tS1h~
83-807: .
U.l,OCK-l'1 SElf .rrORAGE
UNIT 404" ALAN JAetlsON PWMBINq,
; ~ . INC. / ALAN JAClSOn
CONTENT.S MAY INCLUDE
KITCHE~ HOUSEHOLD ITEMS.
g~~W PA1UK~Gtf~~Rf8~~:
FURNITURE. TOOLS.! CLOTH.
Wt~RErf~gCKThL~Ar!b'R S'ETH1:
CLES SOL AT LIEN S...LE.
OWNERS RESERVE THE RIGHT
TO BID ON UNITS. LtEN S...LE
TO BE nON THE PREM.
ISES ON BER~ AUto PM
VIEWING ILL E AT THE
TIME OF SALE 0 ;LY. U.LOCK.
IT SELF STORAGE 3400 FOR.
h~H ROAD WINTER P"'RK, FL.
.01,~517257 1001, 28. 2007
NOTICE OF PUBLIC SALE
_PERSONAL PROPERTY OF THE
.. FOLLOWING TEN...NTS WILL BE
SO~O FOR C...SH TO S...TISFY
RENT"'L pENS IN ...CCORD.
~~5~ ~LFHSf6.?fd~'" STAT.
F...CILITY "'CT. SECTIONS 83-801>,
83-807.
PERSONAL MINI rIOllAGE FORSYTH
UNIT'609 MICHAEL WANG
UNIT , 3~ CHl~E JOHNSON
tl~IU~ N.JitftM~EEW.l~~y
UNIT' 234 SYVUTER V...RG...S
C...RRERO .
UNIT.934 DENNY CELESTINO
S...NTI...GO
UNIT'241 KEVIN SCOTT
tON TENTS M...y INCLUDE
Kl!C):!ENG HOUSEHO~D ITEMS.
. gA~'EIN PA~'kG~A ~Rtg~~;
FURNNuRE. T~OLj! CLOTH.
ttU~RTl-~~'b"Tltt~' "J.f-VEHI.
CLES SOLD ...T LIEN S"'LE.
OWNERS RESERVE THE RIGHT
rO 8.ID ON UNITS.
LIEN SALE TO BE HELD ON
THE PREMISES ON II/Ill/Ill II
Z:GOPM .
VIEWING WILL BE AT THE
.TIME OF SALE ONLY. .
P~RsON"'L M.INI STOR...GE
F RsYfH
28 5 FO SYTH ROAD
WINTE PARK, FL 32m
9LS518577 . 10121.28. 2007
-------SUit Notices
f~J~fH CjBgY~l...fD~~!uq~
I ~cfu~~.f.OF't8llA{1Dlll
GENERAL JURISDIC~ION
Dt~
, WENo.n,.
lb'tf.W ELECTRIC CAPITAl CORPORA.
PlalntlH;
vs. .
~urHi~"&
Defe~anIS,
NonCE Of ACTION
TO: RELIANCE ENTERPRISES.
LLC and BHAVESH RAMESH P....
TELf gasl '\rawn addresses: 522
~ ranr Id.1 ~~70f.u \~~fldF o~i>& f~~,;
Slreel, Wlnler Gorden. Florida
~~~:~k:"~~1S: J1M)a~~rt.~i
address unknown. and 011 alher
POrtles havln; or claiming 10 hove.
anY.rlghl, 1IIIe or Int rest In the E.
~~'::1~lI:.O~ Color relal:ar~~
cessarles (0' Ide en Invai~e
N~mber 372l79) d the E.SludlO
600A DI~lIal Copier Istrlal n~mber
CQ...614362/ and rela .d accesserles
(as Idenllled on Invoice N~mber'
.405615) (callectlvelv referred 10 0'
the ~ Eq~lpment:) .
r~~W't.c~~EOay~:re Jlls~~
Ihe Plaintiff, GEN~"'L,lLEC-
TRIC C...PITAL CORPORATION.
se.klng to compel relaln permo'
nenl ~Ion of lhe Equlpmenl
arid lor damages resulting Iram
lhe lall~re to make POvmenl. Y~
.. ..t... ~ .... ~_...._ .. ___.. ..,
. iil. Jhe original 01 Ihe written de.
lenses with llle clerk el this courl
either belare service or Immedlal..
Iy lhereafter. Fall~re Ie serve wril.
len ~elense& os req~lred mav reo
sull In 0 j~dgment or order lor the
r.liel d.manded In Ihe aetillan,
wlth~1 I~rlher nallce.
WITNESS mY' hand and Ihe seel ef
Ihls caurl on 9m~ 2007.
MA YANNE MORSE
As lerk 01 Ihe C~rl
(CIRCUIT COURT SE"'~J
BY~~IB~~u~y ~r:..~
SLS30m 10128. 1111. ~7'
Miscellaneous
Legals
IN THE CIRCUIT COURT OF
m:,.~bN~~dUo~~1JtEL CC6~~~'~:
FLORID'"
CASE NO. 4I'ZWl~ifo~'t
IN RE: fORFEITURE Of
1998 MITSUBISHI
~1~~TJ:,.~eS31 P4WP007306.
NOTICE OF FORFEITURE
T. Hiram R: Ortlr. and 011 persens
who claim on I~nlerest In the 1998
Mltsublshl ent...a. V I NI
J...4LS31PoI-WPoo 306 selred on or
abo~t 7/31/07 01. or aba~1 5725 S.
~~~af~~ r~rtpr~~~ar~~als ol~a~~:
c~stady of Ihe Orlando Pollee
D.pl. Anv owner. enlitv, bonaflde
lIenhalder, or person In possession
el the property when s.lred hos Ih.
rl~~~~ar~e~~~II~n ~g~e~i~Ubr;
ca~se d.lermlnaflen Iram the cIr-
culi c~rt wllhln 15 davs afler Inl.
1101 recelpl of nollce bv sending 0
~a'J~~~? Wll'e~~lfI~~ ~gn~s~:t~~~
recelpI r.qUtlled. ... pelltion for
fori. I~re has been or will be liled
In lhe above-stvl'd ca~rl.
paM: t~~lA"J.5l'~~
Orlando, Police
Deportment
P.O. Bo. 913
Orlando. FlorIda 32802-W13 (407 J
246.246-4
Fla. Bar Na~ 0570321
I HEREBY camfY lnola tr~. and cor.
recl copy 01 the faregaln; Notice of
Farl.llure and a.lr~e and correct
CoPV of lhe Petition for Final JUdg.
ment of Forfeiture will' be mall.d
by U.S. mall'<on the 19'day /)f Sep.
I.mber 2007. 10 '011 persons enlllled
10 nallce.
0~S51B838
Lee Ann Freemon
1001. 28. 2007 .
IN THE CIRCUIT cOllRT OF
THE NINTH JUDICI...i' CIRClJIT.
~~0...Flt8l0R ORANG. COUNTY,
CASE NUMBER: Q1.CA.tlm-O
DIVISION NUMBER: 34
IN RE: FORFEnuRE OF
$9.700.~ IN U.S, CURRENCY
. '1l0tlCEOf FORfEITURE COMPlAINT
TO: TRACEY rnwART
463Il S. KIRKMAN RO.
ORLANDO. fl mn
CHARUE MDDRE
2IIiIZl15 MAGNOLIA BLVD.
NORTN NOllYWDDD. CA 11601
and all alhers who claim on Inter.
esl In $9.790.00 In U.S. Cvrrency,
which was ..Ired on or alloul Ihe
23rd dllV Of ...ugust. 2007, at or near
4630 S. Kirkman Reod. Oran;e
Cauntv. Florida. Sold prapertv "
Ih llle custodv el lhe Sheriff 01 Or.
r:1f~rf~~~lbetn TIY~PI~lrri.~bJ~~:
stvled Ca~rt.
I HEREBY CERTIfY that Ihl. Netice Is
being served p~rsoont to llle natice
provisions 01 Florida Stal~tes
932.701.707. this 12 day of Oclaber.
2007.
F~~r7~'lf~~ ~~~o~~\~
Assistant General Ce~nsel
Orange Ca~nlY Sherill's Office
~eW~s~ec~i~raF'6:le~
Orlanda. F L 32804
1407) 25.c-7170
0121, 28, 2007
OLS523704
IN THE CIR~IT COURT Of THE
NINTH JUDICI CIRCUIT. IN'AND
fOR ORANG COUNTYj RDRIDA
CASt NO. 48-2110 .CA.I3&44
NII'..nu MI
L
IN THE CIRCUIT COURT OF
THE NINTH JUDICI...L CIRCUIT
2~ 6H~ 6k'" TolP.rGrLg~ \P~t ~~
FLORID'"
GENERAL CIVIL DIVISION
Cu. No. 2l107.CA-12114
Divisi.. 13
PAlAzzo OEl LAGO COMMUNITY OEVEl-
OPMENT OISTRlCT.
Plaintiff;
v.
~~x~r.:~~2~ ~~~gtEtN OViN~
. ERS "'ND CitiZENS OF PA~"'Z.
~~e6~~~c;.~ cgm~~~~: 'p~:
CLUDING NON.RESIDENTS
OWNING PROPERTY OR SUB-
m~~d~~I.TAX"'T10N THEREIN,
NOTICE AND OROER TO SHOW CAUSE
WHY SAID BONDS SHOULD N07 BE
~OATED AND CONFIRMED
TO THE ST"'TE OF FLORIDA,
~~~Y T~&'Jt:n~5 ~fT~f.p~s
OF P"'L"'ZZO DEL LAGO COM-
MUNITY DEVELOPMENT DIS-
TRICT. INCLUDING NON.RESI-
DENTS OWNING PROPERTY OR
SUBJECT TO T...X...TION
THEREIN:
b~~::g~"ri.~~ld~IMf~ll~m,uB:~~
Irlct'), having I led Its Camplelnt
for Valldaflan 01 nol to exceed
f~~i~d:r> ~~~c~~~~Yt~t g~:et
o~ment Dr,trlcf 2aPllal Impreve.
ment Revenue Bonds. in ane or
:;'~:o~,e,;~efn (~~~ ',~gnd~'J{d qsg~!
pralnt. and Ihe E'hl~f' ..!lached
lhereta tho' the District has a.dapl-
~~a~c~.~I~~~B~:rsri~t'~~h~~:
~~r~ .:l1,::g~~~I~~:~G~~s, tfoJf~;::
,Ing Ihe casls. 01 .acqulrlng, 'can.
slrucling, and ,~uiPplng Ihe com.
~en~n~sra~rJ~e (a~Pd~Vi~~mr:~~fd
comPlainllf and It alse appearing
~~gl'~"b~ s~i~ '2~;1~1~lr~~N:'
hlbll, I1v Chapler 75 01 lhe Florida
f~~\U\Vo ah',1~~VI~~~'f~m' rh~~
Court I..~ on order os directed bv
said Chapter 75, and Ihe Ca~rl be.
~3yN~~iIt~o~ed In lhe premises.
IT IS ORDERED lhal 011 taxpavers.
~~rrm,o~~~~I~~ ~~t~~mi~~m~
owning propertv or s~blecllo laxa.
lion Ihereln. and lhe Stat. el Fiori.
~~,; wl~~~g~~ll1~l~lac!frtu?t~rrne~~d
~ I~~Q~ ~)l~I'tI'J~~~ a,pm'f.
at Ih. hour /)1 ~1:30AM 01 sold day.
belare Jooge George Sprinkel IV In
~~t?ci:l~g~r~~U~~M~~~I~o:J:~~~
Florida 32801. ~aunlv afbrange In
f~~d p~~i~;~ grMh~~~~I~,~tr.,~
th. validation 01 IheBond'Jhould
~~ca:e3f~;~eM~~t~~ ~~t~~~
matlers sel larth In sold Cem.
p~~ln;d '~O~~?d ~~~Ia~~~dat'd os
W I~ fURTHER OROERE~ Ihal prior 10
the dote sel fer the hearing on ,aid
. ~fny~a~~~W.~glld~~~f.' rco~~~
1r.~~y~l~a8~q~~\"e~~~o?Y~
Orlanda Senllnel. 0 newsPOPtl: pOI>-
IIshed and of r,.neral c1rc~laton In
~r,~~:I~ gl:tn2'.;,,\l~l~l~t It:r .,;g~~~
l~g I~) 1~~~se~1fv:a~~e~:'~o~~
meneln; wllh the firs! pub~callon
which shall'nalbe lesslllan twenlv
(20) daYS prior 10 the dote "I''far
~~~E'1Wdn3iloERED at the C';;rt-
ha~se In oranxe Count" Flor-Ula,
Ihls 27 dav 01 ~~r ~Sprlnkel'.IV
C1rcufl C~rt.Jlidge
Persons wllh dlsaallllies nfjgJng
~:~~~I ?~cg~Wp"c:l~nl~r 1~1s~':~:
ceedlng should cenlact Co~ft -.Ad.
mlnlslratlan at 425 Norlh Ora~ge
~~)g~i ~~I~~e~~neorlg11~JtJ8S6:
~l5~i~~"!r ~~f~r(\911~IJJ~!5~a~n:
via. Florida Relav Servlcc.
OLS523353 10121. 28. 2007
tN THE CIRCUIT COURT OF
THE NINTH JUDICI...LClRCUIT,
IN AND FOR ORANGE COUNTY,
RORID...CASt NUMBER: 87-CA.l2ll1-O
DIVISION NUM8ER: II
IN RE: FORFEITURE OF
1998 CHEVY PICKUP. TRUCK
VIN IGCCS19X2W8147587
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 7, 2007
PAGE20F9
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
No Reports were given.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2007-25, Which Changes The Zoning Designation For Four
Parcels, Equaling 9.862 Acres More Or Less, Located At Florida Avenue And Lake
Lucerne Circle From (Winter Springs) "C-2 (General Commercial)" To (Winter
Springs) "PUD (Planned Unit Development)".
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department presented this Agenda Item and said, "Staff reviewed the Criteria that is in
the Code relating to a Rezoning request and does recommend Approval."
The Existing Future Land Use Map - November 2007 was shown.
Discussion.
Chairman Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of this Agenda Item.
"MOTION TO APPROVE [AGENDA] ITEM '500' AS WRITTEN." MOTION BY
ADVISORY BOARD MEMBER RYSER. SECONDED BY VICE CHAIRMAN
HEATWOLE. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 7, 2007
PAGE 3 OF 9
VOTE:
BOARD MEMBER KARR: AYE
VICE CHAIRMAN HEATWOLE: AYE
CHAIRMANPOE: AYE
BOARD MEMBER RYSER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department - Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing To Consider Ordinance 2007-24, A Small Scale FLUM Amendment
Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The
South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And
Chelsea Parc At Tuscawilla Subdivision From (Winter Springs) "Recreation And
Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter
Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU
(Dwelling Unit)/Acre) And "Conservation Overlay" (On Those Affected Areas).
Ms. Sahlstrom introduced this Agenda Item and said, "Staff does support this change to
Medium Density Residential but also recognizes that there are some issues to still be
resolved as the Applicant moves forward with his development and with his mitigation."
Discussion.
Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the Board
Members related to this project. Mr. Corkery said, "As far as what I am going to develop
on there, there is no endangered species. There is none of that there. The vegetation
wetlands is a very low grade. So far, our response and what we got from St. Johns [River
Water Management District] environmental engineer is, we don't foresee any problems.
One thing - I am concerned about, and being a citizen of Winter Springs, is to make sure
that the flow at Howell Creek doesn't get disturbed at all. What I am trying to do with
our Engineer - David Schmidt, is make that flow even better than what is existing out
there." Mr. Corkery said, "We are taking approximately - three and a half (3.5) acres of
existing Tuscawilla Country Club property not even in Parcel 7 - I am taking less of
Parcel 7, approximately a little over - ten (10) acres, and I am only using approximately
six point eight (6.8) acres of that - [Tuscawilla] Country Club property to build the sixty
(60) carriage homes."
Brief discussion on this project.
ATTACHMENT C
Existing Future land Use Map - Nov. 2007
LEGEND
.. Commercial
~ Medium Density Residential!
r.. J Industrial I
CJ Public I Semi-Public
I!II Recreation
~
,.
~
!:1
>:
.;
:;;
g
w
8i
'"
6
300
I
600
I
1,200 Feet
L
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o
ATTACHMENT D
Existing Zoning Map - November 2007
LEGEND
_C-2
_1-1
.PUD
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300
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600
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1 ,200 Feet
ATTACHMENT E
ORDINANCE 2007-25
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF FOUR (4) PARCELS OF
REAL PROPERTY GENERALLY LOCATED ALONG
FLORIDA AVENUE AND LAKE LUCERNE CIRCLE IN
WINTER SPRINGS, FLORIDA AND LEGALLY DESCRIBED
IN EXHIBIT "A," ATTACHED HERETO, FROM "C-2
GENERAL COMMERCIAL" TO "PUD PLANNED UNIT
DEVELOPMENT"; ZONING CERTAIN RIGHT-OF-WAY
LEGALLY DESCRIBED IN EXHIBIT "A" AS "PUD
PLANNED UNIT DEVELOPMENT" UPON VACATION OF
SAID RIGHT-OF-WAY BY SEMINOLE COUNTY;
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 November 7,2007 meeting; and
WHEREAS, the City Commission ofthe City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby finds the requested change consistent with the
City of Winter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2007-25
Page 1 of 3
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 "C-2 General Commercial District" to "PUD Planned Unit
Development" for the four( 4) parcels of real 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. Zoning Designation for Vacated Right-of-Way. The City Commission
acknowledges that Seminole County is currently evaluating an application to vacate the public rights-
of-way constituting a portion of Florida Avenue and another unnamed platted right-of-way along the
eastern side ofthe subject property ("Rights-of-Way"). The Rights-of-Way are depicted and legally
described on Exhibit "A," attached hereto and fully incorporated herein by this reference. The City
Commission hereby establishes that the Rights-of Way shall be zoned "PUD Planned Unit
Development" contingent upon vacation of the Rights-of-Way by Seminole County.
Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective immediately upon
adoption, and pursuant to the City Charter.
[ADOPTION PAGE FOLLOWS}
City of Winter Springs
Ordinance No. 2007-25
Page 2 of 3
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. 2007-25
Page 3 of 3
Exhibit 'A'
Ordinance 2007-25
IN
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Parcel 10 # 33-20-30-503-0000-025A:
Lot 25 (less the west 204.42 feet of the south 341.94 feet) ENTZMINGER FARMS ADDITION
NO.3, according to the plat thereof recorded in Plat Book 6, Page 27, Public Records of
Seminole County, Florida.
Contains 6.179 acres, more or less.
Parcel 10 # 33-20-30-503-0000-0250:
The west 204.42 feet of the south 341.94 feet of Lot 25 and the east 25.00 feet of the south
200.00 feet of Lot 24, all of ENTZMINGER FARMS ADDITION NO.3, according to the plat
thereof recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida.
Contains 1.76 acres, more or less.
Parcel 10 # 33-20-30-507-0000-0090:
Lot 9, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72,
Public Records of Seminole County Florida.
Contains .55 acres, more or less.
Parcel 10 # 33-20-30-507-0000-0100:
Lot 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page
72, Public Records of Seminole County Florida.
Contains .621 acres, more or less.
Vacated portion of Florida Avenue (County owned) right-of way:
That portion of Florida Avenue, a 50 foot public right of way per ENTZMINGER FARMS,
ADDITION NO.3 according to the plat thereof as recorded in plat Book 6, Page 27, Public
Records of Seminole County Florida, lying South of and adjacent to Lot 25, said ENTZMINGER
FARMS; West of an un-named 25 foot public right of way per said ENTZMINGER FARMS;
North of and adjacent to Lot 10, FLAMINGO SPRINGS according to the plat thereof as recorded
in Plat Book 8, Page 72, Public Records of Seminole County; and East of a line extended from
the Northwest corner of said Lot 10, terminating at and perpendicular to the North right of way
line of the aforesaid Florida Avenue.
Contains .50 acres, more or less.
Applicable portion ot vacated portion ot County owned right-ot-way immediately adjacent
to the east property line ot Parcel 10 # 33-20-30-503-0000-025A:
That portion of a 25 foot un-named right of way indicated on ENTZMINGER FARMS, ADDITION
NO.3, according to the plat thereof as recorded in Plat Book 6, Page 27, Public Records of
Seminole County Florida lying East of Lot 25, said ENTZMINGER FARMS, and East of Lots 9
and 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 8, Page
72, Public Records of Seminole County, Florida; South of the Easterly extension of the North
line of said Lot 25 terminating at the Easterly line of said un-named right of way; and North of
the Easterly extension of the South line said Lot 9 terminating at the Easterly line of said un-
named right of way.
Total vacated right of way contains .56 acres, more or less.
TOTAL ACREAGE (including applicable portion ot vacated right-ot-ways) - 9.862 acres,
more or less.