HomeMy WebLinkAbout2004 02 23 Public Hearings 402
COMMISSION AGENDA
February 23. 2004
Meeting
Consent
Information
Public Hearing X
Regular
ITEM 402
j"L
Mgr. /
Authorization
Dept.
/~
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading of Ordinance 2004-08 to change the Zoning
Map from Seminole County "A -I" to City of Winter Springs "R -C I" for the Renshaw property
located at northeast Bird Rd & Tusca Trail.
PURPOSE: This is an Administrative Request to designate an appropriate and compatible City of
Winter Spring's Zoning Classification for a parcel which was previously annexed into the City from
Seminole County, but subsequent action was never taken to Rezone the affected parcel from
Seminole County Zoning to City of Winter Springs' Zoning.
The City is initiating the change as the applicant. The property owner has been notified by certified mail
so she is aware of the process and so that her input can be heard.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including
rezoning ordinances).
Winter Sprin2:s Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter Sprin2s Section 20-57.
Winter Sprin2s Section 20-102 (d) Rezonin2 application~ procedures; standards of review.
(The following fourteen (14) standards were recently added to the Code when Sections 20-101 and
20-102 were amended on January 26, 2004. These provide detailed standards for reviewing a
rezoning application.)
Any party may request consideration for rezoning by submitting a completed Rezoning Application
to the Community Development Department- Planning Division along with the items required to be
supplied at the time of application, including payment of any associated fees as established by
resolution or ordinance of the city commission. After the application is submitted, the planning and
zoning board shall review the application at its next regularly scheduled meeting and shall forward
~
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
its recommendations to the city commission. Subsequent to receiving the recommendations of the
planning and zoning board, the city commission shall determine whether it will approve, approve,
with conditions, or deny the rezoning application. 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;
(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;
Euclid v. Amber Rea/tv Co. ,272 U.S. 365 (1926) (upholdin2 the constitutionality of the
priociples of ZOOi02).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
Oct. 25, 1999- Annexation by Ordinance 745, Petition filed by Rita Renshaw
Jan. 09,2004- Property Owner Notified of Administrative Action
Jan. 15,2004- Property posted with signage Noticing Upcoming Meetings
Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing
Jan. 27,2004- Adjacent property owners within 150' Notified by Certified Mail
Feb. 04,2004- P& Z Board heard the request and recommended Approval to the Commission
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner - Rita Renshaw
Parcel Number - 11-21-30-300-0020-0000
Acreage - approx. 8.5 acres
General Location - The site is undeveloped and is located on the east side of Bird Road at Tusca
Trail.
Legal Description - SEC 11 TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC
W 1452 FT N 1401.63 FT N 84 DEG 26 MIN 51 SEC W 15.06 FT TO POB RUN N 84 DEG 26
MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513,.03 FT
SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43 SEC E 215.76 FT ELY ON CURVE 156.57 FT
S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG
Chronology of Subiect ProlJertv - The subject property was annexed into the City on October 25,
1999, by Ordinance 745.
Existing Land Use - The property is currently an undeveloped vacant parcel. Its County Zoning
classification is A-I Agricultural. Adjacent existing land uses, zoning and FLUM designations
include the following:
Existing Land Uses Zoning FLUM
Subject Site Vacant, Undeveloped A-I (SC) LDR- Low Density Single
_._.._______ __._____..__________._......__. _....__.._....._..._..._..........__.._____ ._.I.:~~!>.'...~~~i~~E!i.~L_(~~l...._
North Single Family Residential R-C1 (WS) Rural Residnetial (WS)
___.____ ._.______...._____.__..____......__ ._...___.........._....._..__..__......._.......__...____..__ (nla.?':...!....Q!:!~2_._.___...___.____.._
South Single Family Residential R-IAAAA & RC-I (SC) LDR- Low Density Single
.___._.._.....__.._._...___.._.........._..........__..._ .. .._._.._..____._..__.___.._.._._...____........_... _E.~_~~L~.~_~!~~I.!!!~!.._(~.~l......
East Single Family Residential A-I (SC) LDR- Low Density Single
________.....____._____....._.____._...._______.._________._._._.._...__. _...f.~~~!>.'_~~.~!~~_~!i~L@.~l.___
West Single Family Residential R-lAA (SC) LDR- Low Density Single
Family Residential (SC)
(WS) Winter Springs; (SC) Seminole County
Development Trends - The subject site is vacant. No development is being proposed at this time.
Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from adjacent
residents after the sign was posted and several neighbors spoke at the Public Hearing before the
P&Z/Local Planning Agency. These neighbors indicated concerns that relate to the future
development of the site (retaining tree buffers, access off of Tusca Trail); however, the concerns
expressed did not have anything to do with the Future Land Use change~ Although the property
owner initially opposed the land use change (because of concerns related to increased taxes), the
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
property owner has since indicated that these concerns have been alleviated and she no longer
opposes the action.
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; The property owner and
adjacent land owners have been appropriately noticed as required, and any 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. A land use designation for the parcel was not included on the City's Future
Land Use Map, because the parcel was annexed into the City.
(3) Consistent with any Master Plan for the property- The property is not part of a Master Plan.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-I Agricultural" to Winter Springs "R-CI" is appropriate
and compatible with the land use pattern established by the city's comprehensive plan; The 8.5 acre
parcel is located immediately south ofDunmar Estates, which is also zoned R-Cl.
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation
of this parcel as anything other than "R -C I " could be considered "spot zoning" which is prohibited
by law.
(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);
(7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed Rezoning does not
result in existing zoning district boundaries that are illogically drawn in relation to the existing
conditions on the property and the surrounding area and the land use pattern established by the city's
comprehensive plan.
(8) Changed Conditions Make the Proposed Rezoning Necessary- The Annexation of the property
into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter
Springs' Zoning Designation. Winter Springs does not have an "Agricultural" Zoning. The "R-C1"
designation is the closest designation that the City has to the County's "A-I" Zoning and is also the
zoning immediately to the north of the subject property.
(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. 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- N/ A; Most ofthe
surrounding area is developed. The intent in the zoning of the property is to apply a zoning
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
classification for the subject property that is consistent and compatible with the surrounding land
uses.
(12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of
special privilege to an individual owner as contrasted with the public welfare;
(13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the
needs of the neighborhood or the city;
(14) Does Not Violate any City Land Use 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 (new) fourteen (14)
review standards included in Section 20-102 were satisfied.
P&Z/LOCAL PLANNING AGENCY RECOMMENDATION:
At its regularly scheduled meeting of February 4,2004, the City of Winter Springs Planning&
Zoning Board (LP A) heard the request to change the Zoning classification of the Renshaw parcel at
Bird Road and Tusca Trail from "A-I" (Seminole County) to "R-C1" (City of Winter Springs) and
voted unanimously to recommend Approval to the City Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2004-08, changing the Zoning classification on the subject property at Bird Road and Tusca Trail,
from "A-I" (Seminole County) to "R-Cl" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading
Feb. 23, 2004- 1 st Reading of Ordinance 2004-08
Feb. 26, 2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption
Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-08
ATTACHMENTS:
A. Planning & Zoning Board Minutes from Feb. 4, 2004
B. Ordinance 2004-08 including Map & Legal Description
COMMISSION ACTION:
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT A
Planning & Zoning Board Minutes from Feb. 4, 2004
02/18/2004 10:36 4076998584 NIS JKREBS
FEB-l8-2e04 10: 21 CIT'( CF WINTER sPRlt-GS
PAG!::. ~l
407 32? 4753 p.e1
CITY OF WlNTER. SPRINGS
DRAFT UNAPPR.OVED MJNUfES
PLANNIN'G AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING
FEBRUARY 4,2004
cI
CALL TO ORDER
Tape '/SIde; 8
The Plmning and Zoning BoardlLocal Planning Agew;y Rogular Meeting of Wednesday,
February 4. 2004 was called to order at 7:02 pm. by Vice OuUpenJOn loAm1e Krebs in
the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road
434, Wmter Springs, Florida 32708).
Roll Call:
Chairman Tom. :BroWJ;l, absent
Vice Chairperson Joanne Krebs. present
Board Member Rosanne Karr, present
Board Member William PQe, prescmt
Board Member Ned Voska, present
PUBLIC HEARINGS
PVBLIC ~RDfOI
A. Community DevelopJD.eJIt Departmeat - PwuliDg DivisioB
Requests The Planning ADd bmlng BoardILoc:al PlanDlDg Agency Bold A Public
Hearing Rela.ted To OrdIDllDte 10Q4.05 Which Adopts A SJIllIII Scale FLUM.
(Future LBnd Use Map) Amendment By Chcmgblg The FotD.re Land Use Map
DesipatioD or 8.9 Acres (More Or Leu), Located At 900 Esut St2te Road 434
Adjacent To Central Wla.ds Park, From "Suburbu Estates" (Seminole County) To
"Town Center" (City Of Winter Sprin2l).
Ms. Eloise SahlSlttom, AlCP, ASI..A,. Senior Pla:nMr, Community Development
Department, stated, "Staff reqUe5ts that the Local Planning Agency make the
recommendation to the City Commission to approve; the Future Land Use Map change to
'Town Center..n
"I WOULD MAKE A MOTION TO RECOMMEND THE APPROV AL, WHICH
RELATES TO ORDINANCE 2004-05, WHICH ADOPTS A SMALL SCALE
FLUM [FUTURE LAND USE MAJ'l AMENDMENT BY CHANGING 1lIE FLUM
[FUTURE LAND USE MAP] DESIGNATOR FROM 'SUBURBAN ESTATES' TO
cTOWN CENTER'. ~ MOTION BY BOARD MEMBER POE. SECONDED BY
BOARI> MEMBER KARR. DISCUSSION.
U~{.O{~UU~ ~u.~o ~U{O~~O~O~ I~~~ ~~~~~~
FEB-18-2004 10:21 CITY CF WIHTER sPRIH35
t-'Abt:. l::l:':
407 32? 4753 P. 02
CITY OF WINTER SPRINGS
DR.AFT UNAPPRO\IBD MlHUTSS
PLANNING ~ ZONINCILOCAL I"Lt\NNJN(,; AGENCY
ItE'GtII.Al MEBTINO - JlE8RUARY 4, zoO'
PAOB20F6
VOTE:
BOARD MEMBER POE: AYE
VICE CHAIRPERSON KREBS~ AYE
BOAADMEMBERKARR: AYE
BOARDMEMB~R VOSKA: AYE
M01lQ.N CARRJED.
ruBtlC HEARJNQS
B. Community Development Department- PlllIUl.ba. Dhi$iol1
Requali The PlannIng ADd ZoaiDg Board Hold A Pablic Hearing Related To
Ordm.aace 2004-06 Wbiela Rezoaes8.' A.erca (More Or Less), Loc:ated At 900 Ead
State Road 434 AdjaeeJI.t To Cellini Winds Park, From U A-I" (Semiaole COQQty)
To "Town Center" (City orWiIlter Sp'rlDp).
Ms. SahlsU'Om stated, "Staff recommends that the Planning Zoning Boud recommend to
the [City] Commission a'changQ from 'A-l' Zoning Setninoll' County to City of Winter
Springs 'T OWll Center" Zonirtg."
UJ WOULD MOVE TO APPROVE ORDINANCE 2004-06 WHICH REZONES
SUBJECT PROPERty FROM 'A-I' SEMINOLE COUNTY TO CITY OF
WlNTER SPRINGS 'TOWN CENTER'." MOnON BY BOARD MEMBER POE.
SECONDED BY BOARD MEMBER VOSKA. DISCUSSION.
VOTE:
VICE CllAIRPERSON KREBS: AYE
BOARDMEMBERKARR: AYE
BOAltD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
ruauc IlEARIl'COS
c. ne Commu_ity De\'elopmeaat Department - PlIUlDmg Division
Requesu The Planmg And ZonlDg BO*fd/Local PlanDlD.g Ageaey Hold A hblk
Hearing Related To Ordinance 1004--07 Wbidl Adopts A Small Senle FLUM
(Future Land Uae Map) Amendment By Changine The Future Land Ule Map
DesignaUoD or A 8.5 Acre Parce), Located At Bird Road And TUSt8wnla Trail,
From "Low Density ResidentJaJ" (Seminole County) To '<Rural Resldentlu" (CIty
OfWhlb Sprin,gs).
Mll. SahlStIom said, "Recommend that the Local Planning Agency hold n Public Hearing
relating to Ordi.twtce 2004.07 and recommend adoption for this. piece of property
changing it from 'Low Density Residential' to 'Rural Residential'."
FEB-1B-2004 10:22 CITY CF W1NTER smnm 407 3'Z? 4753 P.W
~_~.~t ~~~~ .~.~~ ~~r~~~y~u~ l~~~ ~K~~O~ ~Ao~ ~j
CITY OF WIN'Il!R. SfRlNGS
DlW'T UNAPPROVED MtNUTBS
PLANPQl'4Q AND WNlNGILOCAL PLANNING AGENCY
~R. MESTING - FEBRUARY 4.3004
P AGa ) ()It ,
Board Member Rosanne Karr awed, "1 went out to the &rte, it is Tusca Trait" Board
Member Km then asked., uJB that an abbreviation for Tuscawilla Trail?" Ms. Sahlstrom
replied, ""No. Tusca Trail is the correct name of the location, The Agenda ~ says that the
property is located at Bird Road and Tuscawilla Trail, it should lilY 'Tusca !rail'. not
cTuscawiUa' . It
Mr. Bruce Broadfler, 141; lUsco Trail. Winter Springs, Florida: commented on the
need to have some sort ofa buffer for the rather bu'ge lots atoWld the subject fJite when it
is developed; indicated that the property owners on Tusea Trail would like to preserve tbe
natural aspect of it; and that there is a written Agreement in place that is on record with
Seminole County which states that the property can only be 8CCe$sod offTusca Trail with
one (I) driveway serving one (1) singlc--famity tesidence.
"I MAKE A MOTION THAT TIlE PLANNING AND ZONING BOARDILOCAL
PLANNING AGENCY IN RESPONSE TO rIDS, AS A RESULT 011' TIDS
PUBLIC HEARING - ADOPT A SMALL SCALE FLUM (1l1JTURE LAND USE
MAPI AMENDMENT BY CHANGING THE FUTURE LAND USE l\ofAP
DESIGNATION ON TNt SUBJECT PROPERTY AT BIRD ROAD AND TUSCA
TRAIL FROM 'LOW DENSITY RESIDENTIAL', WIIIlCH IS SEMlNOLE
COUNTY ZONING, TO 'RURAL RESIDENTIAL' CITY O:F WINTER SPRINGS
ZONING.7' MOTION BY BOARD MEMBER KARR.. SECONDED BY BOARD
MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMBJ$R. KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA; AYE
VICE CHAIRPERSON KREBS: A VI:
MOTION CAlUUED.
Vice Chaixperson Krebs requested, "Can we see that the ooncerns of this geat1emw.. (Mr.
Btoadfier) are recorded and givcm to tho [City] Comm;ss.ton so that when they do go to
vote on this they have thil information and biB concerns in their hands:'
c(
FEB-18-2004 10: 22
CITY CF WINTER gJR]t-m
40'7 3Z7 4753
I ,..,...;.l~ '-'""'
P.04
CTJY OF Wrmn SPRlNOS
DRAFT UNAf'PIlDVBU MINUTES cI
PLANlI/X{\lQ AND ZONINGItOCAL ruNNING AGINCY
aBGVUR MEETlNQ- FEB.RUI\RY A., 2004
. P,40E40P6
rt/BL[C H1!J\IUNCS
D. Commaalty Developmeat Departme.nt - PllUlnlng DMa'OD
Requua The Planning ADd ZoDing Board aoJd A Public HeariDg Related To
Ordinance 2004-08 Which Rezones 8,5 Acres (More Or Less), Located At Bik'd Road
And TuscawBla Trail, From "A-I" (SemlD.ole COUDty) To "R-Cl" (City Of Winter
Springs).
Ms. Sah1strom $tat~ "Staffhas determined that the fourteen (14) review standards have
been satisfied and recommends that the Planning EU1d. Zoning Boud hold a Public
He8l"ins relating to Ordinance lOO4"()8 wbich chaD,ge8 the Zoning c1auification on the
Renshaw property at Bird Road and TuscawiUa Trail, from 'A-1 t Se~le County to 'R-
CI' City of Winter Springs."
Mr. StI)WJ. Rilre. 1416 Tu.rca Trail. Winter Spring.!, Floridi1: requested explanation on
wb,y there are two (2) Agenda Items for this issue.
Ms. SahlstrQm briefly ~plained the two (2) separate processes related to Annexs:tion
from Seroinole County.
Disc~ion.
"1 RECOMMEND THAT THE PLANNING AND ZONING BOARD, AS A
USUL T OF TIDS PUBLIC HEARING, RELATED TO ORDINANCE 2004-08,
WHICH CHANGES THE ZONING CLASSIFICATION ON THE SUBJECT
PROPERTY AT BIRD ROAD AND TUSCA T.RAJL, FROM "A-I" SEMINOLE
COUNTY TO "R-Cl" CITY OF WINTER SPRINGS. I RECOMMEND THAT
WE APPROVE THIS AND MOVE IT ALONG.'" MOT10N BY BOARD
MEMBER KARR. SECONDED BY BOARD MlMBER POE. DISCUSSION.
'Cape IlSide A I!!Dda
VOTE;
BOARDMEMBERKARR: AYE
BOARD MEMBER POE: AYE
.BOARD MEMBER VQSKA: An
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
r M\:n:~. U..L
FEE-18-200<1 12:33
CITY IF WINTER SPRINGS
407 327 4'753
P.01101
REGULAR AGENDA
CITY OP wINTER. SPRlNCi5
'01V.PT lJNAPl>ROVED MINUTSS.
lL!\NlIllNG AND ZONING/I.OCAL PLANNING ACENCY
llIl<lULAIl"""",,o- "'Rll"H~ ~
P-'~r
IlRGtlLAIl
A. Final EngiDeerfDgfSfte Plall Fo1' Phil ReeteINunery Road Commerdal
Develo~meot.
Ms, Sahlstrom introduced the Agenda Item. Ms. Sahlstrrnn indic.ated th8.t1 "'There is a
seriven~.9 error. The correct number oftree5 i& twenty.two (22) instead of twenty-three
(23)."
Next, Ms. Sahlstrom stated. '"Staff recormnends the p~ and Znnil'\g Board/I..ocal
Planning Agcmcy consider end recommend to the City Commission approval of the Final
Engineering/Site Plan fQr II 6.628 - acre tract at the northeast comer of the intersection of
Highway 17-92 and. NUtsery Road. Tho aite bas a CQmmercial. Future Land Use
designation and is within the "C-2' Comme.rc.ial Zoning District"
UI RECOMMEND THAT THE CITY COMMISSION APPROVE A FINAL
ENGINEERING/SITE PLAN FOR THE 6.628 - A.CRE TRACT AT mE
NORTHEAST CORNER OF THE INTERSECTION OF u.s. HlGHWAY 17-92
AND NURSERY ROAD WITH THE CORllECTION TO THE SCRIVENER'S
ERROR MENTIONED BY MS. SAHLSTROM." MOTION BY BOARD
MEMBER. POE. SECONDED. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
BOARDMEMBERKARR: AYE
BOARDMEMB:ER:rOE: AYE
BOAR!) MEMBER VOSKA: AYE
MOTION CARRIED.
-
'hI'" l~fllllA
TOTAL P. 01
o~/~o/~oo~ ~~:~o q~(O~~O~Oq N!~ ~K~~~~ PAGE 05
FEB-18-2Iilla4 10: 22 Cl TV a= WINTER SPRlt-GS 407 32? 4753 P. 06
CITY OF WJNTml SP~OS
DIV.FT UNAPJPll.OV]tt) MINU"1'llS ~
fLA2lIl'ONC AND z.om:NGlLOCU. fLANNlNG .AGENCY .
JU3GULA!l MlII>TOOi - FEBlWAAY 4, ~
PAGH60F6
ADJOURNMENT
With oonsen$US of the Board, Vice Chairperson Krebs adjourned the Meeting at 8;30
p.m.
RESPECTFULLY SUBMTITED BY:
DEBBm FRANKLIN, DEPlITY em CLERK, AND
PATRICIA SCHRAFF
ASSISTANT TO THE CITY CLERK
APPROVBD:
TOM BROWN, CHA.IRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNlNG AGENCY
Cilb' ~~I:Y .8(lt.!'dQ and CommlIltlel\P~lfIMINl!1'BS\02040' ltBGUl.All.doc
}IOJ'5: T'IIt$c MinuIIlfl1llCfr: lIP\l1lClY<<l 3t llle
Mccdn,.
. 2004 P!anItilII and ZonlnglLocal PlamlinJ ,^g<:nq R.e,1II1T
TOT~ P.e6
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
ORDINANCE 2004-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WltYl'ER SPRINGS, FLORIDA, CHANGING THE
ZONING. MAP DESIGNA TION OF THE'REALPROPERTY
GENERA.LLY LOCA'f'ED AT THE. NORTHEAST CORNER
OF THE .INTERSECTION OF TUSCA TUAU, AND .FISHER
ROAD (alk/a BIRD ROAD) IN \VINTERSPRINGS, FLORIDA,
LJijGALLY DESCRIBIU) ON EXHnHT :'N~ ATTACHED
HERETO AND FULLYINCOIUlO RA TED HEREIN BY THIS
RE-J."ERENGE, FROM SEl\fI.NOLE COUNTY :'A-l
AGRICULTUfu\L" TO CITY OF WINTER SPRINGS "R-C!";
PROVlllLi'lGFOR THE REPEAL OFPRI OR IN CONSISTENT
o RDINA NCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DA ']"'E.
WHEREA S, the Planning ilnd Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at their February 4,2004 meeting; and
\VHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
healing on the proposed zoning change set forth hereunder and considered findings and advil:e 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\Vinter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence
support.s the zoning change set fot1h 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 SplillgS. Florida.
Clt)' of Winter Springs
Ordinance No. 2~-O8
Page 1 of J
Feb. 23, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
NO\\l, THEREFORE, THE CITY COM!.\HSSION OF THE CITY OF WINTER
SPRINGS HERE.BY ORDAINS, AS FOLLOWS:
Section 1.
Recitals.
The foregoing recitals are tl1le and correct and are fully
incorporated herein by this reference.
Sedioll 2.
Zoning Map Amendment That the Official Zoning Map of the City of
\\linter Springs as de.sclibed in City of Winter Springs Code Section 20-102 is hereby amended to
include. a change of classification from Seminole County "A-l Agricultural" to City of \\linter
Splings "R-Cl" for the. property legally described onE-xhibit ;;f\,'~ which is attached and
incorporated herein by this reference. City Staff is here.by directed to promptly amend the Official
Zoning .Map upon the effective. date of this OrdilllUlcc.
Seetion 3.
R(~p('al of Prior Inconsistent. Ordlmlllces and Resolutions. An plior
inconsistent ordinances and resolutions adopted by the City Commission, or ptuts of ordinances and
resolutions in contlict herewith, are hereby repealed to the extent of the contlict.
Seclion4.
Scn~rability. If any section, subsection, s.entence, clause, phrase, word or
Provision of this Ordinance is for anv reason held invalid or unconstitutional bv anv court of
" " "
competent jurisdiction, whetherfor substantive, procedural. or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shan not affect the
validity of the remaining portions of this Ordinance.
Section 5.
Effective Bute. TIlis ordinance shall become effective immediately upon the
effective date of Ordinance 2004-07 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuantto the City Charter. If Ordinance 2004-07 does not become effective,
then this Ordinance shall become null and voiel.
City of Winter Springs
Ordinance No. 2004-08
Page 2 of 3
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
ADOPTED by the City Commission of the City of Winter Splings, FIOIida, in a regular
meeting assembled 011 the
day of
,2004.
.JohnF'. Btlsh~Mayor
ATTEST:
Andrea Lon~llzo-Luaces1 City Cieri,
Approved as to le.gal fonn and sufficie.ncy for
the City of Winter Splings only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\I):lC.'Cily of Wlntll Sl'ring;sl.Oidln.lnWJ'lZ.oolng2OW~8,wpd7
City ofWintilr Springs
Ordinance No. 2004-08
Page :1 of :3
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
ORDINANCE NO. 2004-08
EXHIBIT "A"
LOCATION MAP
SUBJECT SITE
11
LEGAL DESCRIPTION
Commence at the Southeast Corner of Section 11, Township 21 South,
Range 30 East, Seminole County, Florida, and run N. 88deg 47min 12sec W. along
the South line of said Section 11, 1452.00 feet; thence run N. OOdeg 14min 58sec E.
1401.63 feet; thence run N. 84deg 26min 51sec W., 15.06 feet to the Point of
Beginning; thence continue N. 84deg 26min 51sec W. 489.52 feet to the easterly
line of Fisher Road; thence S. 05deg 28min 34sec W. along said easterly line, 513.03
feet to a point on the arc of a curve concave to the west; thence
southerly along said curve having a radius of 436.36 feet, a delta of
19deg 30min OOsec, an arc distance of 148.51 feet to a point of reverse curvature
of a curve concave to the east; thence southerly along said curve, having
a radius of 436.36 feet, a delta ofOldeg 37min 26sec, an arc distance of 12.37
feet to the northerly line of a 30 foot easement (Tusca Trail); thence
S. 66deg 37min 43sec E. along said line, 215.76 feet to a point of curvature of
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
a curve concave to the north; thence easterly along said curve
having a radius of 803.74 feet, a delta of 11 deg 09min 42sec, an arc distance of
162.42 feet; thence S 77deg 47min 24sec E., 210.31 feet; to a point of curvature of
a curve concave to the northwest; thence northerly along said curve
having a radius of20.00 feet, a delta of 101deg 57min 28sec, an arc distance
of35.59 feet; thence N OOdeg 14min 58sec E., 775.59 feet to the Point of Beginning.
TOGETHER WITH EASEMENT RIGHTS TO:
TRACT "A"
Commence at the S.E. comer of Section 11, Township 21 South, Range 30
East, Seminole County, Florida; Thence run N. 88deg 47min 12sec W. along the South
line of said Section 11, 1452.00 feet; Thence run N. OOdeg 14min 59sec E. parallel
with the East line of the aforementioned Section 11, 568.916 feet to
the S.W. corner of the "Richards" tract as described in O.R.B. 1231
at Page 601 of the Public Records of Seminole County Florida; Thence
continue N. OOdeg 14min 58sec E. parallel with the East line of the aforementioned
Section 11, along the West line of the "Richards" tract, 30.665 feet
to the S.E. corner and the Point of Beginning of the tract about to
be described, said point being the N.E., corner of New Tusca Trail; Thence
run N. 77deg 47min 24sec W. along the Northerly line of New Tusca Trail, 40.014
feet; Thence run Easterly and Northerly along a curve concave
Northwesterly, having for its elements a radius of 20.00 feet, a central
angle of 101deg 57min 28sec and a chord bearing ofN. 51deg 13min 47sec E. for an arc
distance of35.591 feet; Thence run N. OOdeg 14min 58sec E., parallel with the East
line of the aforementioned Section 11, 775.588 feet to the intersection
with the Southerly line of the D.R. Mitchell survey of Levy Grant as
recorded in Plat Book 1 at Page 5, Public Records of Seminole County,
Florida; Thence run S. 84deg 26min 5lsec E. along said Southerly line of the Levy
Grant, 15.064 feet to the N.E. corner of the "Grindle" tract as recorded
in O.R.B. 1976 at Page 904 of the Public Records of Seminole County,
Florida; Thence run S OOdeg 14min 58sec W., parallel with the East line of the
aforementioned Section 11, along the East line of said "Grindle" tract
802.055 feet to the Point of Beginning. Said parcel situated, lying and being in Seminole
County, Florida.
TRACT "B" NEW TUSCA TRAIL
Commence at the S.E. corner of Section 11, Township 21 south, Range
30 East, Seminole county, Florida; Thence run N. 88deg 47min 12sec W. along the
South line of said Section 11, 1452.00 feet; Thence run NOOdeg 14min 58sec E.,
568.916 feet to the S.W. corner of the "Richards" tract as described
in O.R.B. 1231 at Page 601 of the Public Records of Seminole County,
Florida, said point being the S.E. corner and the Point of Beginning
of the tract about to be described; Thence N. 77deg 47min 24sec W. along the Westerly
projection of the Southerly line of the aforementioned "Richard" tract,
256.673 feet to the P.C. of a curve concave Northerly; Thence run
Feb. 23,2004
PUBLIC HEARING AGENDA ITEM 402
Westerly along said curve having for its elements a radius of833.740
feet and a central angle of 11 deg 09min 41 sec for an arc distance of 162.415
feet; Thence run N.66deg 37min 43sec W. 214.718 feet to a point on the Easterly
right-of-way line of Fisher Road; Thence run Northwesterly right-of-way
line, along a curve concave Easterly, having for its elements a radius
of 436.36 feet, a central angle of 03deg 56min 32sec and a chord bearing of
N. 21deg 22min 52sec E., for an arc distance of30.024 feet; Thence run
S. 66deg 37min 43sec E., 215.761 feet to the P.C. ofa curve concave Northerly;
Thence run Easterly along said curve, having for its elements a radius of803.74
feet and a central angle of Ildeg 09min 41sec for an arc distance of 156.571
feet; Thence run S. 77deg 47min 24sec E., 250.319 feet to a point on the West line
of the aforementioned "Richards" tract; Thence run S. OOdeg 14min. 58sec W. along
said West line of the "Richards" tract, 30.665 feet to the Point of
Beginning. Said lands situate, lying and being in Seminole County, Florida.