HomeMy WebLinkAbout2004 02 09 Informational 306
COMMISSION AGENDA
ITElVI 306
Consent
Informational X
Public Hearnn2
Re2ular
February 9, 2004
Meeting
Mgr.(A... / Dept. //11
Authorization
REQUEST:
The Community Development Department- Planning Division wishes to inform the Commission
of Ordinances 614 & 615 which were adopted in 1996 but were never implemented on the City's
FLU and Zoning Maps.
PURPOSE:
To inform the Commission that Planning Staff in 1996 failed to implement Ordinance 614 and
615 and therefore the City's FLUM and Zoning Map never reflected the land use changes
adopted by the Commission on Feb. 12, 1996; and that these Adopted changes will now be
reflected on the City's Official Future Land Use and Zoning Maps and that the revised FLUM
will be forwarded to the State DCA..
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act
CHRONOLOGY:
Feb. 12, 1996- Adoption of Ordinance 614 changing the Future Land Use from 'Moderate
Density Residential' to 'Commercial' on half of the parcel located at the
southeast comer ofSR 419 & Wade (Parcel # 34-20-30-5AW-0000-041B),
giving the entire parcel a 'Commercial' designation.
Feb. 12, 1996- Adoption of Ordinance 615 rezoning from 'RU' to'C-l' half of the parcel
located at the southeast corner ofSR 419 & Wade (Parcel # 34-20-30-5A W-
0000-041B), giving the entire parcel a 'C-l ' designation.
Mar. 5, 1996- The Ordinances were recorded and verified by the Seminole County Circuit
Court.
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020904 Informational Agenda Item 306
FINDINGS:
The property in question is a 2-acre (more or less) parcel located at the southeast corner of SR
419 & Wade. (Parcel # 34-20-30-5A W-0000-041B)
FUTURE LAND USE
1- City maps from 1992 illustrate that the parcel held a split FLUM Designation with half of
it as "Commercial" and the other half as "Moderate Density Residential":
2- Ordinance # 614 passed and adopted on Feb. 12, 1996, changed the ""Moderate Density
Residential" half to "Commercial".
3- City maps from AUI!. 1997 illustrate the parcel as still having a split FLUM Designation
with half of it as "Commercial" and the other half as "Moderate Density Residential".
4- Current City maps from Nov 2003 illustrate the parcel as still having a split Zoning
Designation with half of it as "Commercial" and the other half as "Medium Density
Residential"". (Note: Medium Density Residential and Moderate Density Residential
was combined into one category as part of the EAR-Based Comprehensive Plan
Amendment, adopted by Ordinance 2001-55 on May 13, 2002.)
5- The result (as documented above) is that Ordinance #614 was never implemented.
ZONING
1- City maps from 1994 illustrate that the parcel held a split Zoning Designation with half of
it as "C-l" and the other half as "RU".
2- Ordinance # 615 passed and adopted on Feb. 12, 1996, changed the "RU" half to "C-l".
3- City maps from AUI!. 1997 illustrate the parcel as still having a split Zoning Designation
with half of it as "C-l" and the other half as "RU".
4- Current City maps from Nov. 2003 illustrate the parcel as still having a split Zoning
Designation with half of it as "C-l" and the other half as "R-C 1". Note: The City of
Winter Springs removed the "RU" classification and merged all "RU" parcels into "R-
Cl" sometime prior to 1999.
5- The result (as documented above) is that Ordinance #615 was never implemented.
The current property owner, Frank Bracco purchased the 2-acre (more or less) property from
Colonial Mobil Home Park & Associates on Mav 28, 1999. He was told by Planning Staff prior
to purchasing the property that the property had a Commercial FLUM and C-l Zoning.
Since purchase of the property in 1999, the owner has been paying Commercial property taxes
on the entire parcel.
The property owner is in currently trying to sell the land. The owner indicated that the one buyer
has backed out due to the property's FLU and Zoning as illustrated on current City maps.
020904 Informational Agenda Item 306
CONCLUSION:
Documentation indicates that the City acted at the request of the property owner and changed
the Future Land Use and Zoning on this property in 1996. This was prior to Mr. Bracco's
purchase of the property in 1999. Mr. Bracco purchased the land as Commercial property and
consequently, has been paying commercial taxes on the entire piece. City maps indicate that the
same split designation illustrated on City maps before 1996, is still being illustrated on current
City maps, despite the request of the property owner and action of the Commission in 1996.
Given the fact that documentation clearly indicates that Planning Staff failed to change the city's
Future Land Use Map and Official Zoning Map as required by Ordinance 614 and 615, the
current Community Development- Planning Department wishes to inform the Commission that
the actions taken with the adoption of Ordinances 614 & 615 will now be reflected on the City's
Official Future Land Use Map and Official Zoning Map.
STAFF RECOMMENDATION:
No action ofthe Commission required.
ATTACHMENTS:
A- Ordinance 614 & Ordinance 615
B- Future Land Use Map adopted April 27, 1992 & Official Zoning Map of June 1994
C- Official Future Land Use Map & Official Zoning Map, adopted November 2003
COMMISSION ACTION:
020904 Informational Agenda Item 306
ATTACHMENT A
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MARYANNE MOHSE
::l.ERK \)1= CIRCUIT COUin
3H1INOLf. COUNTY, f=L
RECORDED ~~ VERIFIED
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813221
1996 MAR -5 PI~ 12: 28
614
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE OF THE NORTH
375 FEET AS MEASURED ALONG THE EASTERN
RIGHT OF WAY OF WADE STREET OF THE WEST
1/2 OF LOT 41 ENTZMINGER' FARMS, ADDITION
NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9
OF THE PUBLIC RECORDS OF SEMINOI,E COUNTY,
FLORIDA, LESS THE NORTH 375 FEET ALONG
THE RIGHT OF WAY OF WADE STREET OF THE
WEST 1/4 OF LOT 41, ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9, PUBLIC RECORDS OF SEMINOLE
COUNTY, FL. FROM THE PRESENT ZONING
CATEGORY RURAL URBAN (R-U) TO
NEIGHBORHOOD COMMERCIAL (C-1) PURSUANT TO
166.041 FLORIDA STATUTES; PROVIDING FOR
THE AMENDMENT OF THE FUTURE LAND USE MAP;
SEVERABILITY; CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of
Ordinance 614
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WintE!r Springs, Florida has determined H: to be in the best
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interests of the health, safety and welfare of the citizens of
WintE!r Springs, Florida to change the future land use from its
preSE!nt designation of "Moderate Densi1:y Residential" to
"Commercial" on the following real property situate in
winte:r Springs, Florida:
THE NORTH 375 FEET AS MEASURED .kLONG THE
EASTERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMING:ER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS 'rHE NORTH
375 FEET ALONG THE RIGHT OF WAY OF WADE
STREET OF THE WEST 1/4 OF LOT 41,
ENTZMINGER FARMS, ADDITION NO.2, AS
020904 Informational Agenda Item 306
ATTACHMENT A
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
WHEREAS, the City Commission for 'the City of
Ordinance 614
Winter Springs, Florida has determined that the change of
future land use of the above described property will make it
conform with the future land Use designation of the west
Comprehensive Plan.
portion of the property and with the Winter Springs
HEREBY OHDAINSi
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
SEC'l~ION I - That the city of Winter Springs, hereby
changes t:he future land use designation of 'UModerate Density
property:
Residenti.al" to "Commercial" on the following described
THE NORTH 375 FEET AS MEASURED ALONG THE
EASTERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE NORTH
375 FEET ALONG THE. RIGHT OF WAY OF WADE
STREET OF THE WEST 1/4 OF LOT 41,
ENTZMINGER FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
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SECTION II - That the City Commission of the City of
Winter Springs has determined that a future land use
designatil:m of Commercial" would be compatible with the west
portion o:f the property and with the surrounding properties
within th,s City and with the City's Comprehensive Plan and
hereby amEmd the Future Land Use Map of the City of
with the Jpassage of this Ordinance the city Commission does
020904 Informational Agenda Item 306
ATTACHMENT A
Ordinance 614
winter springs, Florida, to include the east portion of the
subject property within the future land use designation of
"Commercial".
SECTION~ - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it s~al~ 0
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not be held to invalidate or impair the validity, forc~ m:... C
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effect of any other section or portion of a sectio~ or
",
subsection or part of this Ordinance. g
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SECTION IV - That all Ordinances or parts of Ordinfnc~ ~;
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in conflict herewith are hereby repealed.
SECTION V - This Ordinance shall take effect thirty-one
(31) days after adoption, in accordance with
163.3187(3) (a) Florida Statutes.
PASSED AND ADOPTED thisfiQ~ay Of~-k~, 1996.
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FIRST READING January 22, 1996
POSTED January 23, 1996
SECOND READING AND PUBLIC BEARING February 12, 1996
- '....-_ - .~~........ ,_0---.,- _ '_ _ _ _ _ _ _.__ _ _....;... _'_'--.;'_ _ _ '_
The Orlando Sentinel
" Published Dolly
$121).' 4R
~tate of jfloriba } S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared
Kelly Demmo , who on oath say's
that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally
news~1fgr published at C "'~~FI RFRRV ' in
~Frt I F: Coun~ Florida' .
that the attached ~n of advertisement, being a NOTICE, OF PURL. I ( .
inthematterof 0 . ~N().' 614.
!. ,. .,.. 1$
'1"ARMS' NO:
AS RECORDED IN, P
BOOK 5, PAGE'9 OF
'PUBUC "RECORDS
SEMINOLE 'COUN
FLORID.A:., lESS .1'1'1
NORTH 375 FEET ALON
THE RIGHT-OF.WAY 0"
. WADE STREET OF TH ,;;.:
wEST 1/4 OF LOT '~t;it~ ;
ENTZMINGER FARMS ~! ;
DITtON NO, 2, AS' RE}"i :
CORDED IN PLAT BOOK 5:;' ~
PAGE 9 PUBLIC 'RE;:"':
CORDS, 'OF SEMINOt.E~ 1
COUNTY. FlORIDA f'RQM.;1; :
THE PRESENT ZONING;"
CATEGORY RURAl t:lRBAN\" ~
(R-U) TO NBGHBORH;
COMMERCIAL (C-li i
SUANT TO 166.041 FLORI ;
DA STATUTES;.PROVIDIN .
FOR THE AMENDMENT .
THE FUTURE LAND US, :
CMOANP 'F' l.ICSETVERABI!JTY ;..;t,:
. S AND AN EF-:" ,
FECTIVE DATE '.:.''':
This PublicH8arlOg.wlll be:':;" t :
lit 7:30. p.rn, on February ,:
1996 or liS soon thereafter ~ :
po.ssible in the .Commissi'..:
Ct1amber. City Hall .112.G . .
; S.R. 434, Winter Springs. . .
132708., "~ .
. Copies of the proposed ordJ'
nance are available in 1he:offic;'
of ~ City Clerk. lor. inspectiOil~
Intllrest8d'.parties may appear. ~
this hearing aM be heard ~
respect to this proposed ord'.
nance, . .':.
f'erso~ with disabilities ~.
mg IISSl$tance to participate.'
any of these proceeding~
Sh. OUId. contact the Em,p 10 ee:
Relations. Department ADA, .'
ordinator 48./lours in 0011.'" ;
ot:tI)e "'-ting, at (407). W;. ,
1800, .,' ,
Persons aTe advised that 'if.iIl' '. ,
decide' to appeal any d0Ci8ions '
P,lade al thIs. meeting, ~ .wl,
!Ielid' a rec,:ord of the pjoOceetl~
lOgs, and 19r such purpose,,~
may ~ to insure that a ~rbii.:
~ record .of the proG1ledlngji ~a
made, which inCludes too.ta8tl:;
mony and eW1ence upon whiCl\'
the appeal is based. ~r section
286.0105. Aorida:Slatutes.' .
, CfT)' Of W1NTEfl ' '.'
. SPRINGS, FLORIDA'
Is/Margo M. Hopkins.
.Clerl< Margo M. Hopkins, Cit)':
CSE756160 JAN,28.1996
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in the S:fMTNOL E .
was publiShed in said newspaper in the issue; of o lJi?8PU,.
Court,
Affiant further says that the said Orlando Sentinel is a newspaper published at
(" tr~,h2t~RY' . , in said
, '. County, Flonda,
and that the said newspaper has heretofore been continuously published in
said ~F'PlTN~H~- , County, Florida.
each Week Da and has been entered as second-class mail matter at the post
office in in 'said
~FMINO"F County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any . count, rebate,
commission or refund for the purpose of secu , ~iS adv isement for
publication in the said newspaper. ~ ...
The foregoing instrument was acknowled d before
Janua!v. I 19~.by Kell De
who is personally known to me and did tak
(SEAL)
BE RlY C. SIMMONS
;;;;;~~ \ My Comm Exp. 3jlOlo/1
~ i\.?ueu~\!);;) 8o,10ed By Service Ins
~C"-----i~~J No. CC2638J9
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020904 Informational Agenda Item 306
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ATTACHMENT A
Ordinance 615
MARYANNE MOHSE
;';;..~RK OF CIRCUIT Ct)un :
S~MINOtf COUtHY r.!.
RECORDED & VERifIED
813222
1996 MAR -5 PH 12: 28
ORDINANCE NO.
615
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLO:RIDA,
REZONING THE NORTH 375 FEET AS ME,ASURED
ALONG THE EASTERN RIGHT OF WAY OF WADE
STREET OF THE WEST 1/2 OF LO~r 41
ENTZMINGER' FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, LESS THE NORTH 375 FEET ALONG
THE RIGHT OF WAY OF WADE STREET OF THE
WEST 1/4 OF LOT 41, ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9, PUBLIC RECORDS OF SEMINOLE
COUNTY, FL. FROM THE PRESENT ZONING
CATEGORY RURAL URBAN (R-U) TO
NEIGHBORHOOD COMMERCIAL (C-l) PURSU~~T TO
166.041 FLORIDA STATUTES; PROVIDING FOR
THE AMENDMENT OF THE OFFICIAL ZONING MAP;
SEVERABILITY; CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of
Winter Spring.s, Florida has determined it to be in the best
interests of the health, safety and welfare of 1:he citizens of
Winter Springs, Florida to rezone from its present zoning
category of Rural Urban (R-U) to Neighborhood Commercial (C-l)
the following real property situate in Winter Springs,
Florida:
THE NORTH 375 FEET AS MEASURED ALONG THE
EASTERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMINGER F~RMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE NORTH
375 FEET ALONG THE RIGHT OF WAY OF 'vADE
020904 Informational Agenda Item 306
ATTACHMENT A
Ordinance 615
STREET OF THE WEST 1/4 OF LOT 41,
EN'l'ZMINGER FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
WHEREAS, the city Commission for the city of
Winter Springs, Florida has determined that the rezoning of
the above def;cribed property will make it conform with the
present zoning category of the west portion of the property
and with the Winter Springs Comprehensive Plan.
HEREBY ORDAINS;
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
SECTION ..I - That the City of winter Springs, hereby
Neighborhood Commercial (C-1)
rezones from its present zoning category Rural Urban (R-U) to
the following described
property:
THE NORTH 375 FEET AS MEASURED ALONG THE
EAS'rERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE NOR'I'H
375 FEET ALONG THE RIGHT OF WAY OF WADE
STR:E:ET OF THE WEST 1/4 OF LOT 41.,
ENT:2:MINGER FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
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SECTION II - That. the City Commission of the City of
Winter Spring's has determined that a zoning category of
Neighborhood Commercial (C-1) would be compatible with the
west porti0n of the property and with the surrounding
properties wit:hin the City and with the City'S Comprehensive
Plan and with the passage of this Ordinance the City
Commission dOE~S hereby amend the Official Zoning Map of the
020904 Informational Agenda Item 306
ATTACHMENT A
Ordinance 615
City elf Winter springs, Florida, to include the east portion
of thl~ subject property within the above designated zoning
categclry.
SECTION III.... If any section or portion of this Ordinance
proves. to be invalid, unlawful or unconstitutional, it shall
not bE~ held to invalidate or impair the validity, force or
effect of any other se.ction or portion of. a
subsect~on or part of this Ordinance.
SECTION IV - That all Ordinances or parts of
section or
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in conflict herewith are hereby repealed.
~ECTION V - This Ordinance shall take effect
(31) days after its adoption.
PASSED AND ADOPTED this~ay of ~~
, 1996.
ATTEST:
CITY OF WINTER SPRINGS . '.
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FIRST READING January 22, 1996
POSTED
January 23, 1996
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SECOND READING AND PUBLIC HEARING February 12, 1996
020904 Informational Agenda Item 306
ATTACHMENT B
Portion of Future Land Use Map adopted April 27, 1992
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Recreational
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Co"nser AI atio'n
020904 Informational Agenda Item 306
ATTACHMENTB
Portion of Official Zoning Map of June 1994
CI1~Y
OF WINTER SJPRINGS
ZONING MAP
J lI.llne 199~ UPDATE D1,CEMBER 20, 1995
CLASSIFICA TION'
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020904 Informational Agenda Item 306
ATTACHMENT C
Portion of Official Future Land Use Map, adopted November 2003
& Portion Official Zoning Map, adopted November 2003
:FUTURE LAND USE MAp. NOV 2003
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37 2
5 36 3
4 :E 42.0
6 35 ~ 42.8
7 34 5 IT1
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32 7
31 8
LAND USE CLASSIFICATION LEGEND
Ruml
Residential Industrial
(1 ou I A.c1Q orl.oo)
Low Density II Mixed Use
Residential
(1.1 [lIJ., 3.0 tUIAr.~)
Medium Density Recreation
Residential
(3,6 ou l:> 8,0 cu I A.c~)
High Density Conservation
Residential
(8,1 CU ., 21.0 CU i Ac~)
0 Town Center r":+"t'-"':
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Dlstriot l~U Public J Semi-Public
. Commercial Greenewoy
Interchange
~ Conservation
Overlay
ZONING MAP. NOV 2003
2 31
3 OUT
4 37 2
5 36 3
4 ~ 42,C
6 35 )> 42.B
5 0
7 34 rn
8 6 ~
33
9 32 7
10 31 8 28.0
21l,A
30 9 42.0
29.0
ZONING CLASSIFlCA TION LEGEND
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