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Home My WebLink About2002 02 11 Public Hearings E First Reading - Ordinance 2002-02 Rezoning COMMISSION AGENDA ITEM E Consent Informational Public Hearing X Regular February 11,2002 Meeting ~ /I Mgr, 1 Attor 1 $Pt. Authorization' REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading of Ordinance 2002-02 to rezone a 6.2-acre tract, located on Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", and R-I-A "Single Family Dwelling" District to (City) C-2 "Industrial. " PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading of Ordinance 2002-02 to change the Zoning Map designation (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" District to (City) C-2 "Industrial," subject to the adoption of the proposed development agreement between the City and Wayne P. Reece (owner ofthe subject property). APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57 of the City Code states "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." February 11, 2002 Public Hearing Item E Page 2 CONSIDERATIONS: . The area on the north, south, and west have commercial and industrial operations. . The property was in the unincorporated portion of the county until it was annexed on January 22,2001. · On March 14,2001, the Commission held a first reading of Ordinance 2001-15 to change the Zoning Map designation of a 6.2-acre tract from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial and Industrial" District." The property is located on Nursery Road on the east side of u.s. 17-92, Public comment was made about the impact of a industrial zoning designation on the adjacent residential properties to the north and east. After some discussion, the Commission expressed its desire to hold a second public hearing on Ordinance 2001-15 on March 26, 2001, with a change in zoning classification to C-l "Neighborhood Commercial" instead of the C-2 "General Commercial and Industrial. " On March 26, 2001, the Commission held a second reading of Ordinance 2001-14 to adopt the "Industrial" FLU designation. The second reading of Ordinance 2001-15 was scheduled as the next item on the agenda. At that hearing, the Commission voted to postpone both the FLU amendment and the rezoning. The City Manager was directed to take the item back to staff and schedule it again before the Commission at an undetermined future date, The matter was contracted to Marion K. Skilling Associates, who subsequently withdrew without completing the task. FINDINGS: . The proposed Zoning Map designation C-2 "General Commercial & Industrial" for development of commercial/industrial activity, is compatible with the commercial/industrial nature of US. 17-92; the provisions of the Code of Ordinances and the development agreement will minimize the negative impacts on the adjacent residential properties to the north, south, and east. ? February 11, 2002 Public Hearing Item E Page 3 . The proposed zoning change from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" to (City) C-2 "General Commercial & Industrial" District will not create additional negative impacts for the adjacent residential areas, due to the provisions of the Code of Ordinances and the development agreement. If adopted, these provisions will lessen the existing negative impacts through the implementation of both phases I and II. . The City has the capacity to provide sewer, water, and other urban services to the subject property and adjacent parcels that it provides to other areas of the City when the trunk lines are extended in the near future, . The proposed use of the property for commercial/industrial activity will add to the City's tax. base. . Traffic generated from this commercial tract (6.5 acres) will not cause any significant reduction in the Level of Service or threaten the Level of Service of U.S. 17-92. The future development (phase II) will be subject to both City and county concurrency review (county for transportation, only). A traffic study will be required as part of the submittal requirements for phase II. Phase II is subject to the land development requirements found in Chapter 9 of the City Code and the development agreement. FISCAL IMPACT: None, IMPLEMENTA nON SCHEDULE: A public hearing for second reading and adoption of Ordinance 2002-02 is tentatively scheduled for March 11,2002. 1 February 11, 2002 Public Hearing Item E Page 4 STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing for first reading and adoption of Ordinance 2002-02 to change the Zoning Map designation of a 6.2-acre tract, located on Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial & Industrial District", subject to approval of both the FLU amendment and development agreement. The rezoning should incorporate the City staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the rezoning. PLANNING & ZONING BOARD RECOMMENDATION: The Planning & Zoning Board, at its March 7, 200 I, meeting recommended the City Commission approve the change of Zoning Map designation of a 6.2-acre tract, located on Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial & Industrial District", incorporating the City staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the rezoning. ATTACHMENTS: A Ordinance 2002-02 B. Planning & Zoning Board Minutes of March 7, 2001 meeting C. City Commission meeting minutes of March 14 and March 26,2001 D. Ad in Orlando Sentinel COMMISSION ACTION: 4 ORDINANCE NO. 2002-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING DESIGNA TION OF THE REAL PROPERTY GENERALL Y LOCATED ON NURSERY ROAD EAST OF U.S. mGHW A Y 17/92, LEGALLY DESCRIBED ON EXHIBIT AA@ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) C-3 AGENERAL COMMERCIAL AND WHOLESALE DISTRICT@ AND R-1 ASINGLE FAMILY DISTRICT@ TO (CITY OF WINTER SPRINGS) C-2 ACOMMERCIAL DISTRICT@; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, on March 7,2001, the Planning and Zoning Board recommended approval of this rezoning based on the testimony and information presented before the Board; and WHEREAS, based on the recommendation of City staff, the Planning and Zoning Board, and review of the competent substantial evidence presented to the City Commission on this rezoning application, the City Commission hereby finds that rezoning the subject real property as set forth herein constitutes a legitimate public purpose; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS AS FOLLOWS: Section 1. Zoning Designation Amended. The zoning designation of the real property legally described and depicted on Exhibit AA@, which is attached hereto and incorporated herein by this reference, is hereby amended from Seminole County C-3 AGeneral Commercial and Wholesale District@ and R-1 ASingle Family District@ to City of Winter Springs C-2 ACommercial District.@ Upon the effective date of this Ordinance, City Staff is hereby instructed to amend the Official Zoning Map of the City of Winter Springs to fully reflect this amendment. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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 City of Winter Springs Ordinance No. 2002-02 Page 1 of 3 a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon Ordinance No. 2002-01 becoming effective. If Ordinance No. 2002-01 does not become effective, then this Ordinance shall be deemed null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2002. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CIlY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2002-02 Page 2 of 3 .:.'P )J \ OV[RALL uUt:; ANO BOUNl)S D[SCI?1f)TIQN BEGIN AT TH[ NOFn.f.!W~S! CO.~.~:U? C.r LC:- ;9, r:NIZING[~ FARMS ADOlnON NO. J. AS RECORDED IN PLAT 6, .PACE 27. PuBLIC RECORDS OF S[JA/NOL[ COUN~'FLORiOA: THENCE NB4'09'J8" E ALONG (HE NORTHERLY LINE OF SAW LOT 19 A DISTANCE Or 92J.56 FEU TO !H[ sc:;:.'./[:.sr CORN[R or lOT 9. W1LlAMSON HDCriTS. AS REJ;ORDEO "3>- IN PLAT BOOK 14'" PAG[ 36. PUBliC RE'CORDS OF SEMINOLE COUNTY. FLORIDA: 'TAENCE SOY5,'J4-W AL.ONG THe:. wEST UNf OF LOTS lO. II. 12. JJ AND 14 OF SAID . WILLAMSON H[lGHTS A DiSTANCE OF J 18,86 FEtT TO THE SOUTHWEST CORNER OF SAID LOT J4 AND THE NORTH[RL Y RiGHT OF WAY LINE OF NURSERY ROAD:. THENCE SB4'06'J4-W ALONG SAID NORTH[RL Y RIGHT OF WAY LINE A DISTANCE OF 92J,6J FE[T TO THE SOUfHW[ST CORNER OF SAI:) lor 19 AND TO THE: EAST[RLY ,qrGHT OF WAY LINE OF u.s. ) 7f92: Ti-'-5:NC[ N05'50'JO~[ ALeNG SArD EASTERLY RIGHT OF WAY LINE A DIS iANC[ or J 19.68 rff: r T.') TH[ .oOrNT OF BeGINNING. CONTAINS 2887)4 50ut..=:C ::-C[; ~)R 6.6284 ACC?[S MORE f)R LESS BECIN AT THE NORTHW[ST .CORNER OF l.OT 1. BLOCK O. IALMO Su8DIVlS10N. I.S RECORDED iN PLAT BOOK 9, PACE 10. PuBuC R[CORDS OF SEMINOlE COUN TY. FlORIDA: RUN THENCE NB4-06'').{-[ ALONG fliF; SOU7 JI[RU' RIGI/T or VI'" Y L1N[ OF NuRSERY ROAD A "DISTANCE OF iOB,67 FEET TO THE NORTHEAST CORNER ot LOT. 12. BLOCK D. SAW TALMO SU80N/SION "'NO TO TH[ WESTERL Y Rieur OF WAY UN[ OF TAlMO SffiffT: THENCE 505. J9'''4 6~W At ONe SAW WcSTfRl Y RrGHT OF WAY LiNE A DISTANCE OF 100.69 FEET TO THt SOUTHEAST CORNER OF SAlO lOT 12, 8l...00< D: THENCE S84'09'1:[W ALONG rH[ SUU/HtNLY UN[ OF $AiD LOTS I,AND 12. BLOC/( D..A DISTANce or 409.07 r[E r TO TH( SOUTHWES I COHNLH OJ SA/V LVI I. BLOCK 0 AND TliE EASTfRL Y RICHT OF WAY LINE or RIDGE SrREEr: THENCE N05" 5J'1 7- [ ALONG SAID [I\ST[RL Y RICHT or WAY liNe II DISTANC[ or IOO.~G F[[I Tn ;H/ POIN T OF 8[CINNrNG. (.'01'1 lAIN:; ~OJ./{ SOuM?[ F[[7 Oft (9).:(, /\ C fll (; !.I () f U' () I( l C S S )) I _ 0 .--...--- - - - -,-- -' - - -- - -' -...... - -..'- =' l ~l ~? --r Q o o :s: o 1; ~ f-., tJ ~. .i , .0: , - . II I 0 1" . , , \ \ !.I~~ "- C/ '1')/ ~. OF \"IIN' , J.EJ{ I S P T?j NCS o I \ _ 0 ,. fLOR1DA. A. yE,. I 0 - o . - . I . !.~ ( ~ 1 1 _ 0 ,,~ 0\ ---- r--- r--< ; 1 _ 0 I ~ i r, 51. ~k ujr.. ;:) II l' tv . S 111.11 . ~G ;iY-: ~ s~ ~~-Q;;-- ~~ o~ I It _ J, \ G.z" \ 1\ ( ."'j . \' () ,.- J .()f'JCW()()I) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7.2001 PAGE30FII AMENDMENT TO THE MOTION. VICE CHAIRMAN FERNANDEZ STATED "WOULD THE MAKER ACCEPT AN AMENDMENT TO INCLUDE THE FINDINGS, AND STAFF'S RECOMMENDATION AND THE CONKLIN, PORTER, AND HOLMES ATTACHMENT, THE RESPONSE TO THE ORC REPORT." BOARD MEMBER GREGORY STATED, "AND THE CORRECTION, YES." DISCUSSION. VOTE (ON THE AMENDMENT): VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY: AYE MOTION CARRIED. VOTE (ON THE MAIN MOTION) CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE MOTION CARRIED. A. Reece Property Small Scale Plan Amendment (SS-CPA-2-2001) Mr. Grimms introduced the Item and read the Findings. He spoke of the concerns that a "good portion" of the property could be used as an adult entertainment facility. Discussion ensued regarding whether "the City has a moratorium regarding the location of adult entertainment facilities"; the location of the property; the distance an adult entertainment facility must be from a resident's property; "whether there is a need to expedite this particular Agenda Item tonight"; and land east of the property. \ Mr. Phil Reece, 561 Virginia Drive, Winter Park, Florida: spoke of not knowing that an adult entertainment facility could be on his property; and the property current use as industrial. Mr. Reece advised those in attendance, "If there is some way we can eliminate adult entertainment operations on this property - I certainly would be more than glad to do that. I have no intention of using this property for that, it's all to be commercial installation. " Mr. Grimms spoke of the industrial zoning classification. The Board discussed restrictions on the deed; potential future annexations with Industrial Zoning; and whether future plans will be coming before the Board. Mr. Grimms read Section 10-59. of the City Code. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2001 PAGE40FII Mr. Rick Labinsky, Engineer: spoke of the distance between the property and the nearest residential property line. Tape IISide B Discussion continued. MOTION BY VICE. CHAIRMAN FERNANDEZ. "BASED UPON THE TESTIMONY RENDERED HERE THIS EVENING, THE STAFF'S FINDINGS AS OUTLINED IN ROMAN NUMERAL FOUR (IV), ONE (1) THROUGH FIVE (5) ON PAGE NINE (9) OF TEN (10) OF THE REPORT SUBMITTED TO US, AND FURTHER BASED UPON THE APPLICANT'S VERBAL AGREEMENT TO PUT COVENANTS, CONDITIONS, OR RESTRICTIONS ON THE PROPERTY THAT IT NOT BE USED AS AN ADULT ENTERTAINMENT ESTABLISHMENT. BASED ON THAT I WILL RECOMMEND TO THE CITY COMMISSION THAT THEY APPROVE MR. REECE'S REQUEST FOR A CHANGE OF COUNTY FUTURE LAND USE DESIGNATION OF 'COMMERCIAL' 'INDUSTRIAL', AND 'LOW DENSITY RESIDENTIAL' TO THE CITY'S FLUM (FUTURE LAND USE MAP) DESIGNATION OF 'INDUSTRIAL' ON THAT 6.5 ACRE PARCEL LOCATED IN AND AROUND THAT NORTH EAST CORNER OF U.S. 17-92 AND NURSERY ROAD, SPECIFICALLY CONDITIONED ON THE PROPERTY RECEIVING CERTAIN DEED RESTRICTIONS AS TO THE PROHIBITION TO ADULT ENTERTAINMENT ON IT." SECONDED BY MEMBER BOARD GREGORY. DISCUSSION. VOTE: BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. B. Reece Property Rezoning (REZ-2-2001) Mr. Grimms read the justification for rezoning; and Staffs Recommendation. MOTION BY VICE CHAIRMAN FERNANDEZ. "I'LL MAKE THE SAME MOTION AS I PREVIOUSLY DID WITH THE 'FLUM' AS IT RELATES TO THE ZONING. THAT IS TO WIT TO RECOMMEND THAT THE CITY COMMISSION APPROVE THE ZONING MAP DESIGNATION ON THAT 6.5 ACRE REECE PROPERTY FROM COUNTY C-2, 3 & R-I-A TO C-2 'GENERAL COMMERCIAL & INDUSTRIAL' ON THE CITY'S ZONING MAP, AGAIN SUBJECT TO THE APPLICANT PUTTING CERTAIN DEED RESTRICTIONS ON THIS PROPERTY THAT IT NOT BE USED FOR ADULT CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2001 PAGE50FII ENTERTAINMENT PURPOSES." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. VOTE: BOARD MEMBER GREGORY : AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. C. Moss Road Area Multi-Family Plan Amendment (SS-EM-CPA-1-2001) Mr. Grimms spoke of the applicant's purpose; and that their representative was in the audience. VICE CHAIRMAN FERNANDEZ STATED, "WHILE SHE IS GETTING READY TO SPEAK - BY THE WAY I WANT THE RECORD OR THE MINUTES TO CLEARLY REFLECT ON THAT LAST MOTION - THAT I MADE THE SAME MOTION AS TO THE FUTURE LAND USE MAP TO WIT I INCORPORATED THE STAFF'S FINDINGS ON THE ZONING MATTER, ONE (1) THROUGH SIX (6) ON PAGE TEN (10) OF ELEVEN (11), THE SIX (6) FINDINGS THERE TO SUPPORT IN ADDITION TO THE TESTIMONY GIVEN, MY MOTION FOR THE CHANGE IN ZONING. DID YOU AGREE TO THAT MR.- GREGORY? AND DID YOU VOTE FOR THAT MADAM CHAIR? OKAY, THAT'S WHY I SAID THE SAME MOTION AS BEFORE BUT I JUST WANT TO MAKE SURE ITS CLEAR." Vice Chairman Fernandez asked, "Why the Agenda Item is an emergency?" Ms. Candice Birle, Wyman Fields Foundation: spoke of the Moss Cove project; the partnership with the City; rehabilitating the single family units; the project costs; and the present zoning classification jeopardizing the closings of the units. The Board discussed if Ms. Birle had any paperwork from the bank requiring the zoning change; Ms. Birle's testimony; the effect on the surrounding properties; and the property lines. MOTION BY VICE CHAIRMAN FERNANDEZ. "I WOULD MAKE THE FOLLOWING RECOMMENDATION THAT CITY COMMISSION APPROVE THE REQUEST BY WYMAN FIELDS TO REDESIGNATE THE AREA UNDER CONSIDERATION AS R-3 'MULTI-FAMILY DWELLING' DISTRICT BASED UPON THE FINDINGS OF STAFF WHICH APPEAR TO START ON ROMAN NUMERAL FOUR (IV), ON PAGE NINE, THOSE THREE BULLETS POINTS AND SPECIFICALLY I WANT TO EMPHASIZE THAT AT LEAST I AM SATISFIED THAT THERE IS AN EMERGENCY THAT EXISTS. THAT WE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 9 OF 24 YOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS B. Not Used PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001-14 To Designate The Reece Property (6.5 Acres) "Industrial" On The City's Future Land Use Map. Mayor Partyka stated, "Is there a Motion to read by 'Title' only?" "SO MOYED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. YOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-14 by "Title" only. Attorney Oarganese added, "This is a proposed amendment to your future land use map. It's a legislative action, and the - city designation would be again, 'Industria1.'" "MOTION TO MOYE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. YOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 10 OF 24 Mayor Partyka opened the "Public Input" portion o/this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka stated, "The Motion will stand, and the Vote will hold." PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001-15 To Designate The Reece Property (6.5 Acres) C-2 "General Commercial & Industrial" On The City's Zoning Map. Mayor Partyka stated, "I'm looking for a Motion to read by 'Title' only?" "SO MOVED." MOTION. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Tape 2/Side A Attorney Garganese read Ordinance 2001-15 by "Title" only. Attorney Garganese stated, "This is the companion Zoning Ordinance, that would go along with 2001-14 which was just approved on First Reading. This particular Ordinance would only become effective if 2001-14 becomes effective, for consistency with the Comp Plan purposes." Discussion ensued on what is currently on this property; advertising; notification of neighboring property owners; and the proposed uses for this property. Mr. Tom Grimms, AICP, Comprehensive Planning Coordinator addressed the Commission's concerns. "I'LL MAKE A MOTION THAT WE MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE II OF24 No one spoke. The "Public Input" portion of this Agenda Item was closed. Regarding notification, Mr. Grimms stated, "All I said was that they are not being notified on an individual basis. This is a longstanding City administration policy." Further discussion followed on notification and whether a property was posted. COMMISSIONER GENNELL AMENDED THE MOTION AND STATED, "MY AMENDMENT WOULD BE TO POST THE PROPERTY IMMEDIATELY AND NOTIFY THE PROPERTY OWNERS BY REGISTERED, CERTIFIED MAIL." COMMISSIONER GENNELL FURTHER STATED, "DEPUTY MAYOR McLEOD ASKED ME WHICH PROPERTY OWNERS?" COMMISSIONER GENNELL THEN SAID, "THE ONES IMMEDIATELY ADJACENT TO IT, OR DIRECTL Y ACROSS THE STREET. THAT'S MY MOTION." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MILLER: NAY MAYOR PARTYKA: AYE MOTION CARRIED. DEPUTY MAYOR McLEOD STATED, "I WOULD EVEN MAKE A MOTION TO MOVE THIS BACK TO C-l." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. DEPUTY MAYOR McLEOD CLARIFIED HIS AMENDMENT AND STATED, "I WANTED TO MAKE AN AMENDMENT TO THE MOTION - TO CHANGE IT TO C-l." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Mayor Partyka clarified, "This is now a vote on the Amendment to go and change this to C-l." VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 12 OF 24 VOTE: (ON THE MAIN MOTION) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Commissioner Gennell stated, "Let's go back to the previous Item, and correct it." COMMISSIONER GENNELL STATED, "I MOVE TO RECONSIDER ITEM 'C.'" MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PUBLIC HEARINGS AGENDA ITEM "c" WAS DISCUSSED AGAIN, AS NOTED IN THE FOLLOWING DISCUSSION. .:..:. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001-14 To Designate The Reece Property (6.5 Acres) "Industrial" On The City's Future Land Use Map. Discussion. COMMISSIONER GENNELL STATED, "MY MOTION IS TO CHANGE THIS TO READ - TO COMMERCIAL - ITEM 'c' TO COMMERCIAL FUTURE LAND USE DESIGNATION." MOTION BY COMMISSIONER GENNELL. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. COMMISSIONER GENNELL REST A TED HER MOTION AND STATED, "MY MOTION IS TO CHANGE THE FUTURE LAND USE DESIGNATION ON ITEM CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 9 OF 32 .:. .:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEMS "H" AND "I" FROM THE MARCH 26, 2001 REGULAR MEETING WERE DISCUSSED NEXT. .:..:. v. PUBLIC HEARINGS PUBLIC HEARINGS H. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-14 To Adopt A Small Scale Comprehensive Plan Amendment (SS- CPA-2-2001) That Would Change The Future Land Use Map Designation Of A 6.2 Acre Property From (County) "Commercial", "Industrial" And "Low Density Residential" To "Industrial" On 6.2 Acres Located On Nursery Road On The East Side Of U.S. 17/92. Attorney Anthony A. Garganese read Ordinance 2001-14 by "Title" only. Attorney Garganese then stated, "As you recall, the Commission approved this for Commercial Future Land Use designation at the last meeting." Deputy Mayor McLeod stated, "I would like to point out, I believe, the City Attorney had mentioned 6.5 acres, it's 6.2." Tape 2/Side B Members of the Commission and Attorney Garganese agreed that the Agenda Packets given to the Commission did not have the correct Ordinance, but that the Ordinance that Attorney Garganese read was the correct version. Discussion. Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: the property owner addressed the Commission on Zoning and Land Use Designations. Manager McLemore asked that no action be taken, and that this Agenda Item come back at a later date. Further discussion ensued. Commissioner Martinez stated, "I just wanted to add to the record that it is obvious at this time, it's getting late, that we're not going to be able to do this tonight, and the suggestion by the Manager - is very proper, and we should go along with this and postpone this matter. " "AT THIS TIME I WILL MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO TAKE THIS BACK TO STAFF, ITEM 'H,' AND BRING US BACK - 'H' AND 'I' AT A FUTURE DATE." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. CITY OF W[NTER SPRINGS M[NUTES CITY COMMISSION MEETING - MARCH 26. 2001 PAGE [0 OF 32 COMMISSIONER GENNELL ADVISED THE CITY MANAGER OF HER ADDITIONAL CONCERNS, AND STATED, "I DO NOT WANT, NUMBER ONE, TO DUPLICATE WHAT IS ALREADY THERE, AT ALL; AND NUMBER TWO, I WOULD LIKE, IF THERE WAS SOME WAY THAT THE PROPERTY OWNER AND STAFF COULD COME TO A CONSENSUS TO REDUCE OR ELIMINATE THE CONDITIONS THAT DO EXIST THERE BEFORE - GOING FURTHER." At the suggestion of Deputy Mayor McLeod, Mayor Partyka asked the Commission if they would agree to seeing a show of hands from the audience, as to who would also like to speak under 'Public Input.'" The members of the Commission agreed (non-verbally) that this was acceptable. DEPUTY MAYOR McLEOD STATED, "I'LL MAKE A MOTION TO AMEND THE MOTION - TO HAVE THE OPPORTUNITY TO OPEN THIS BACK UP TO THE GENERAL PUBLIC, TO TAKE INPUT, PRIOR TO THE MOTION BEING VOTED ON." MOTION BY DEPUTY MAYOR McLEOD. COMMISSIONER BLAKE STATED, "MAYOR, POINT OF ORDER. I MAKE A MOTION TO SUSPEND THE RULES." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. DEPUTY MAYOR McLEOD STATED, "CALL THE MOTION, MAYOR." ATTORNEY GARGANESE STATED, "MOTION TO TABLE IS REALLY NON-DEBATABLE AND IT SHOULD BE VOTED ON; THEN YOU CAN MOVE ON. COMMISSIONER BLAKE STATED, "POINT OF ORDER, MR. MAYOR. THERE HAS BEEN NO MOTION TO TABLE THE ITEM." I CALLED FOR A POINT OF ORDER. I DID MAKE A MOTION TO SUSPEND THE RULES, WHICH WAS DULY SECONDED. I THINK THAT REQUIRES A VOTE." MAYOR P ARTYKA STATED, "UNDER A MOTION TO POSTPONE DEFINITELY, I BELIEVE THAT WOULD BE THE CORRECT TERM. MR. BLAKE IS RIGHT IN TERMS OF - IT'S DEBATABLE, IT'S ALSO AMENDABLE, AND YOU NEED A MAJORITY VOTE, AND SO THAT IS WHERE WE ARE. IT THEN BECOMES A STANDARD VOTE, IT'S NOT A TABLING VOTE." MAYOR PARTYKA FURTHER STATED, "COMMISSIONER McLEOD, YOU HAD THE FLOOR IN TERMS OF POTENTIALLY AMENDING THE MOTION." DEPUTY MAYOR McLEOD STATED, "I WOULD LIKE TO MAKE A MOTION THAT WE AMEND THE MAIN MOTION AND OPEN THIS UP AT THE PRESENT TIME TO THE GENERAL PUBLIC, FOR INPUT PRIOR TO MOVING ON THE MAIN MOTION~" MOTION BY DEPUTY MAYOR McLEOD. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 11 OF32 COMMISSIONER BLAKE STATED, "THAT MOTION IS OUT OF ORDER BECAUSE THERE IS A MOTION TO SUSPEND THE RULES, WHICH IS NOT DEBATABLE, AND WE HAVE TO VOTE." DEPUTY MAYOR McLEOD STATED, "MAYOR I WILL YIELD TO COMMISSIONER BLAKE." MAYOR PARTYKA STATED, "CALL THE VOTE ON SUSPENSION OF THE RULES." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka opened this to "Public Input. " Ms. Figliolia, 1211 Lake Lucerne Circle, Winter Springs, Florida: advised the Commission about drainage into the lake, and explained that the lake was dry. Ms. Dawn Chubb, 1296 Lake Lucerne Circle, Winter Springs, Florida: asked if she would lose her back yard due to this project. Mayor Partyka suggested she contact an attorney. Mr. Thomas Gekas, 1115 Oak Lane, Winter Springs, Florida: asked about businesses and the easement, and suggested that the area be measured. Ms. Ruth Hi/side, 103 Melton Drive, Winter Springs, Florida: Spoke of businesses and asked that the area be cleaned up. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka stated, "The suspension of the rules, I believe are finished. We will go back to the rules now." Mayor Partyka added, "There is a Motion, I believe, on the floor that talks to postponing this to the next meeting for analysis." Mayor Partyka then stated, "Now we are back to the Motion. The Motion is still there." Commissioner Gennell asked, "On the east end of this property here, there are a bunch of dashed lines here, and I'm wondering if that's a right-of-way for an extension of Talmo, or just what that is behind those residential family lots there?" Commissioner Gennell asked for an explanation of this. . ' . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 12 OF 32 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "This is postponed to the next meeting." .:. .:. AGENDA NOTE: THE ABOVE MOTION FOR PUBLIC HEARINGS AGENDA ITEM "H" ALSO TOOK CARE OF THE NEXT AGENDA ITEM, PUBLIC HEARINGS AGENDA ITEM "I" AS DOCUMENTED IN THE MOTION ABOVE. .:..:. V. PUBLIC HEARINGS PUBLIC HEARINGS I. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2001-15 To Adopt The Rezoning (REZ-2-2001) That Would Change The Zoning Map Designation Of A 6.2 Acre Property From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-1-A "Single Family Dwelling" District To (City) C-1 "Neighborhood Commercial", Located On Nursery Road On The East Side Of U.S. 17/92. .:. .:. AGENDA NOTE: THE COMMISSION THEN HEARD THE FOLLOWING AGENDA ITEMS FROM THE MARCH 26, 2001 REGULAR MEETING AGENDA, AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR A. Finance Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) For The Fiscal Year Ended September 30, 2000. Ms. Louise Frangoul, Finance Director introduced Mr. Eldon McDirmit with McDirmit, Davis, Puckett & Company, P.A. Tape 3/Side A COMMUNITY DEVELOPMENT DEPARTMENT LEGAL ADVERTISEMENT COVER SHEET DATE: --1-1Cf- 02 . I I I GENERAL INFORMATION: Submitted By: Division: Community Development Department -X Planning _ Building Code Enforcement _ Engineering Drafted By: E. Mc,Dczmld Publish Date(s): ~ruary 1, 2.002 Advertisement Title: ~: ~ ~:'dj;)ls~~!;e Number of Pages: D Publication: E']. Orlando Sentinel o Seminole Herald o Other ~ Zone Product(Seminole County) o Full Run (5 Counties) NEWSPAPER REQUIREMENTS: ~ 18 Point Headline W Advertisement must be a minimum of 2 columns wide x 10" long Reviewed By: Charles C. Carrington Date: Anthony Garganese Date City of winter Springs Community Development Department 1126 East State Route 434 Winter Springs, FL 32708 407-327-5967 Phone 407-327-6695 Fax '\ Memorandum To : Debbie Gillespie, Deputy City Clerk CC : Charles Carrington, Winter Springs Community Development Director John Baker, Land Development Coordinator From: Earnest McDonald, Advance Planning Coordinator Date :January 29,2002 Re : Nursery Road Small-Scale Comprehensive Plan and Zoning Anlendments Please find attached two (2) advertisement for the Nursery Road small-scale comprehensive plan and zoning amendments to be published in the Orlando Sentinel on February 1, 2002 at least seven (7) days prior to the first public hearing (February 11,2002), as required by 166.041 (3) (c), F.S. Per Section 166.041 (3) (c), F.S., the required advertisements shall be no less than 2 columns wide by 10 inches long; the headline shall be in a type no smaller than eighteen (18) points; and the ad shall not be placed in that portion of the paper where legal notices and classified advertisements appear. Attachment C:\Documenls and Settingslema:lonaldlDesktoplNursery.Advertisemenldoc NOTICE OF ZONING CHANGE THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE: ORDINANCE NO. 2002-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE . ZONING DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY 17/92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) C-3 "GENERAL COMMERCIAL AND WHOLESALE DISTRICT" AND R-l "SINGLE FAMILY DISTRICT" TO (CITY OF WINTER SPRINGS) C-2 "COMMERCIAL DISTRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. A PUBLIC HEARING ON THE ORDINANCE WILL BE HELD ON FEBRUARY 11, 2002 AT 6:30 P:M. AT THE CITY COMMISSION CHAMBERS LOCATED AT 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be inspected by interested parties between 8 a.m, and 5 p.m" Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327;1800, Extension 227. Persons with disabilities needing assistance to participate in any otthese proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327- 1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/ decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Andrea Lorenzo-Luaces City Clerk Map of Subject Properties cr: r I I I I ! I i ! i L.L..== :,!~u~I~1 I