HomeMy WebLinkAbout2004 02 23 Public Hearings 404
COMMISSION AGENDA
February 23. 2004
Meeting
Consent
Information
Public Hearin2 X
Regular
ITEM 404
Mg[. /,1.--. /
Authorization
Dept.
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REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading of Ordinance 2004-06 to change the Zoning Map
from "A-I" (Seminole County) to "Town Center" (City of Winter Springs) for 8.9 acres (more or less),
located at 900 East SR 434.
PURPOSE:
The City of Winter Springs is initiating a request to establish a City of Winter Springs' Zoning
Classification for a parcel recently Annexed into the City from Seminole County. The City is initiating
the change as the Applicant and as the property owner.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprin2s Charter Section 4.15 Ordinances in General.
Winter Sprin2s Section 20-57.
Winter Sprin2:s Section 20-102 Cd) 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
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:
~
February 23,2004
PUBLIC HEARING AGENDA ITEM 404
(1) 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;
(2) The proposed rezoning change is consistent with any master plan applicable to the property;
(3) The proposed rezoning change is not contrary to the land use pattern established by the city's
comprehensive plan;
(4) The proposed rezoning change would not create a spot zone prohibited by law.
(5) 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;
(6) 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.
(7) Changed or changing conditions make the proposed rezoning necessary.
(8) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
(9) 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;
(10) The proposed rezoning will not be a substantial detriment to the future improvement of
development of vacant adjacent property;
(11) The proposed rezoning will not constitute a grant of special privilege to an individual owner
as contrasted with the public welfare;
(12) The proposed rezoning change is not out of scale or incompatible with the needs of the
neighborhood or the city;
(13) The proposed rezoning does not violate any applicable land use regulations adopted by the
city;
Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholdin2 the constitutionalitv of the
principles of zonin2).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding
Central Winds Park.
Dec. 2003- Property posted with signage Noticing Upcoming Public Hearings and adjacent land
owners notified by Certified Letter.
Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42.
Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing for Small Scale
Comprehensive Plan Amendment changing the FLUM.
Feb. 04,2004- P& Z Board heard the request and recommended Approval to the Commission
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
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
Owner - City of Winter Springs
Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030
Acreage - approx. 8.9 acres
General Location - The site is vacant and is located adjacent to the west side of Central Winds Park
at 900 East SR 434 and previously was referred to as the "Wincey tract".
Legal Description - The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion
of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida.
Existing Land Use - The property is currently vacant, although previously it had a mobile home,
barn and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the
following:
Existing Land Uses Zoning FLUM
I
Subject Site Vacant, Undeveloped A-I (SC) SE- Suburban Estates (SC)
------~------- ---.........----.--.........-..................-------...---.......--- .-.-...--...-..-.--.-...-...........--........-....--.......---..........-- ...--.-.......--.--...---...----."..--.--------.........
North Lake Jesup - -
______ .........____..._......__..._...___...........__ ..__.___................__.................__...__....,........................__.""....... ....~.........._________..._______..._._..._._.__.._...__._....H....
South Single Family Residential Cool (WS) Commercial (WS)
-..-....-------...........--....-.-....-----.-......--.---.-.--..."....---.........-,...---..-----.---....--.--.-.--.-................................
East Central Winds Park Town Center (WS) Town Center (WS)
--.-.....--.--...--.........-.-........--.......-.....--........--.--..._._..._--_..._-~.~_.__.~..~_..._.._..._..._._...._._._._...._._._._._-_.__.__.._-~.
West Single Family Residential A-I (SC) SE- Suburban Estates (SC)
(WS) Winter Springs; (SC) Seminole County
Development Trends - The City purchased the subject site for the purpose of expanding Central
Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake
Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition ofthis property
completes the Master Plan of property expansion for Central Winds Park as recommended to the
City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000
State FURDAP Grant provided the balance of funds needed to fund the acquisition.
The future utility area has been designated by the Commission as the temporary site for the City of
Winter Springs Paw Park.
Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from the general
public, but no one voiced any opposition.
Public Facilities - The ability to expand Central Winds Park into this property, complete a circular
traffic artery to provide better access and improved traffic control, additional parking, and a site for
the water reclamation facility will have a positive impact on public facilities and services.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use
designation of the property is to apply a Winter Springs' Future Land Use Map designation that
supports the surrounding land uses and objectives for the future of Winter Springs. The requested
future land use map designation is consistent with the surrounding areas.
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan - A land use designation for the parcels was not
included on the City's Future Land Use Map, because the parcels were Annexed into the City.
Therefore, consistency with the City's Future Land Use Map is not applicable.
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
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 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 recently annexed into the City.
(3) Consistent with any Master Plan for the property- The property is part of an acquisition Master
Plan for Central Winds Park, and was officially acquired on Sept. 30,2003.
(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 "Town Center" is
appropriate and compatible with the land use pattern established by the city's comprehensive plan;
A Winter Springs "Town Center" designation most closely resembles the character of the area
(including Central Winds Park, City Hall and Winter Springs High School which also have the Town
Center designation.
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone.
(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.
(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- N/A; Most of the
surrounding area is developed. The intent in the zoning of the property is to apply a zoning
classification for the subject property that is consistent and compatible with the surrounding land
uses.
(12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of
special privilege to an individual owner as contrasted with the public welfare;
(13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the
February 23,2004
PUBLIC HEARING AGENDA ITEM 404
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:
ill analyzing the Rezoning request, it was determined that the (new) fourteen (14) review standards
included in Section 20-102 were satisfied.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2004-06, changing the Zoning classification on the subject property at 900 East SR 434, from "A-I"
(Seminole County) to "Town Center" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading
Feb. 23,2004- 1st Reading of Ordinance 2004-06
Feb. 26,2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption
Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-06
ATTACHMENTS:
A. Central Winds Park Expansion Area Plan
B. Planning & Zoning Board Minutes from Feb. 4, 2004
C. Ordinance 2004-06 including Map & Legal Description
COMMISSION ACTION:
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
ATTACHMENT A
Central Winds Park Expansion Area Plan
LAKE JI,~SUP
SR. 4)4
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CENTRAL WINDS PARK, EXPANSION AREA
CITI' OF WINTER SPRINGS, PARKS & RECREATION DEPARTMENT
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
ATTACHMENT B
Planning & Zoning Board Minutes from Feb. 4, 2004
02/18/2004 10:36 4076998584 NIS JKREBS
FEB-18-2004 10:21 CITY OF WINTER SPRINGS
flAG!:. ~l
40? 3'Z7 4753 p.et
CITY OF WlNI'ER. SPRINGS
DRAFT UNAPPROVED MJN1JTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
FEBRUARY 4, 2004
cI
CALL TO ORDER
tape I !SIde 8
The Planning and Zoning BoardlLocal PlaIlning Agenr,y Rogular Meeting ofWednosday,
February 4, 2004 was called to order at 7:02 p.m. by Vice Olairperson Joanne Krebs in
the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road
434, Wmter Springs, Florida 32708).
Roll Call:
Chaimum Tom :Brown, absent
Vice Chairperson Joanne Kreb~ present
Board Member Rosanne Kerr, present
Board Momber William PQe, present
BOiICd Member Ned Voska, present
PUBLIC HEARINGS
PVBLIC ~Rl1I08
A. Community DevelopmeJlt DepartmllD.t - PlaalliDg DivisioD
Requests The Plaaaing ADd Zoning BoardILoc:al PlamllDg Agency Hold A Public
Hearing Related To OrdID.4nte 1004-05 Which Adolrts A SmaD Scale FLUM
(Future Land Use Map) Amendment By Chaaglag The Future Land Use Map
DftipatioD or 8.9 Acres (More Or Less), Located At 900 E'Allt State Road 434
Adjacent To Central Winds Park, FroIO "Suburban Estates" (Seminole County) To
"ToWll Center" (C1t.r Of Wintu SpriDftI).
Ms. Eloise SahlBtrom, AICP, ASLA. Seniot Pla.nMr, Community Development
Department, slated, "Staff reque5ts that the Local Planning Agency make the
r~ommendation to the City Commi!Sion to approve the Future Land Use Map change to
'Town Center'."
"I WOULD MAKE A MOTION TO RECOMMEND THE APPROV AL, WHICH
RELATES TO ORDINANCE 2004-05, WHICH ADOPTS A SMALL SCALE
PLUM [FUTURE LAND USE MAPl AMENDMENT BY CHANGING THE FLUM
[FUTURE LAND USE MAP] DESIGNATOR FROM 'SUBURBAN ESTA.TES' 10
c1'OWN CENTER'." MOTION BY BOARD MEMBER. POE. SECONDED BY
BOA,Q MEMBER KARIt DISCUSSION.
~~/l~/~~~4 l~:~b 4~(b~~~~~4 Nl~ JKREBS
FEB-18-2004 10:21 CITY OF WINTER SPRINGS
PAGE 132
407 327 4753 P.02
CITY OF WINTER. 9PRlNOS
DRAFT UNAPPROVED MJNUTSS
PUNNING MID ZOMNCILOCAL PL.\MIIINC ..\CINCY
ROOt.1l.AAMEl3TlNO-FEIWlARY4.2004
PAG820F6
VOTE:
BOARD MEMBER POE: AYE
VICE CHAllU'ERSON KREBS~ AYE
BOARD MEMBER KARR: AYE
BOARD MEMBEa VOSKA: AYE
MOTION CABlUED.
l"l1BLIC IIEARlNfJS
B. Commnllity Developmeal Department- PIau:u.iD. Dhision
ReqoestB The PlannIng ADd Zoaing Board HOld A Public Hearing Related To
OnlflWlce 2004-06 Which Rezoues 8.9A.crcs (More Or LetJI), Located At 900 East
State RoAd 434 AdjaeeJlt To Central Wind, Parle, From U A-I" (Seminole COllD.ty)
To "Town Center" (City OeWinter Sp'rID~).
Ms. Sahl5lI'Om stated, "Staff recommends that the PLanning Zoning B081d recommend to
the [City) Commi55ion a .changQ from · A-I' Zoning Seminol,,- County to City of W'mter
Springs <Town Center' Zoning."
"1 WOULD MOVE TO APPROVE ORDINANCE 2004-06 WHICH REZONES
SUBJECT PROPERTY FROM 'A-I' SEMlNOLE COUNTY TO CITY OF
WINTER SPRINGS ~'l'OWN CENTER'.>> MOTION BY BOARD MEMBER POE.
SECONDED BY BOARD MEMBER VOSKA. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
BOARDMEMBERKARR: AYE
BOAl\D MEMBER POE: AYE
BOARD MEMBER VOSKA~ AYE
MOTION CARRIEl).
P1JIJUC IlEAIlII'roS
c. ne CommuJlity De\"elopmeat Department - Plunm. Division
Requem The Planmg And ZoDlDg BoardlLocaJ Planning AgellCY Bold A hblk
Bearing IUlated To OrdjUDce :1004-07 Wbich Adopts A Small Scale FLUM
(Future Land Use Map) Amelld.ment By Chenging The Future Land Use Map
Designation or A 8.5 Acre Parcel, Located At Bird Road And Tnae8willa Trail,
From "Low Density Residential" (Seminole County) To .cRural ResJdentJal" (City
OlWintet- Springs).
Ms. SahlStrom saidt ~'Recommend that the Local Planning Aaency hold a Pu.blic Hearing
relating to Ordinance 2004-07 and recommend adoption for this piece of p11)perty
changiug it from 'Low Density Residential' to 'Rural Residential',"
FEB-18-2004 10=22 CITY CF WINTER SPRINGS 407 3Z7 475:3 P.W
t:l"::/J.tl/<::t:lt:lq J.t::l:.:lo qt::lfo':J':JtlOtlq NJ.::> .JKI'(t.J::i::> t-'A(;j~ I;j::l
CITY OF WINTER SPRINGS
DRAJiT UNAPPROVED MttfUTBS
PLAl'fM~C AND ZONINGILOCAL PLANNING AGENCY
REOUt./.R.ItdIlETlNG - FEBRUARY 4.:lQ04
P AOID ()It 6
Board Member Rosanne Karr sweda "1 went out to the site, it is Tusc:a Trail." Board
Member Km then wed, "Is that an abbreviation for Tuscawilla Trail?" Ms. Sahlstrom
replied, '"No. Tusca Trall is the correct name of the location. The Agenda ~ says that tho
property is located at Bird Road and Tuscawilla Trail, i1 shoUld say fTusca Trail'. not
<TuscawiUa' . 10
Mr. 1J1llC6 Broadfier, 141) ooca Trail. Winter Springs. Plorida: commented on. me
need to have some sort of a buffer for the nuher l~ge lots a~ound the subject &ite when it
is developed; indicated that the property owners on Tusea Trail would like to presctVe the
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 accessed off'fusca Trail with
one (1) driveway serving one (1) singlo~fami1y residence.
"I MAKE A MOTION THAT THE PLANNING AND ZONING BOARDILOCAL
PLANNING AGENCY IN RESPONSE TO TBIS, AS A RESULT OF' TIDS
PUBLIC HEARING - ADOPT A SMALL SCALE FLOM (FUTURE LAND USE
MAPI AMENDMENT BY CHANGING THE FUTURE LAND USE MAP
DESIGNATION ON THE SUBJECT PROPERTY AT BIRD ROAD AND TUSCA
TRAIL FROM 'LOW DENSITY RESIDENTIAL', WHICH IS SEMINOLE
COUNTY ZONING, TO 'RURAL RESIDENTIAL' CITY OF WINTER SPRINGS
ZONING." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD
MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMB:€R. KARR: AYE
BOARDMEMBERPOE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
MOIION CARlUED.
Vice Chairperson Krebs requested. ''Can we see that the OODt:.erDS of this gentlemCUl. (Mr.
Broadfier) ace recorded and giVfm to tho [City] Commjs~ so that when they do go to
vote on this they have this information and big concerns in their hands."
c(
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FEB-18-2004 10:22 CITY IF WllfTER :FRII-GS 40'7 3Z7 4753 P.04
crrY OF WImER SPRJNO$
DRAFr UNAr.rIUlVBD MINUTES rI
PLAN'/II:f.l\lG AND ZONJN. GILOCAL I'L.t\NNfNG AGENCY
1lBG\J1AR. MEliTlNG- FllB.RUARY... 2004
PAGE 4 0' 6
rUllLlC HEARINGS
D. Communlty Development DepartmeDt - Planning DMsioD
Requests The Planning ADd Zoning Board l{oJd A Publle HeariDg Related To
Ordinance 2004-08 Which Rezones 8,S Acres (More Or LUll), Located At Bird R.oad
And TuscawUla Trail, From "A-I" (SemlP.ole County) To "R-Cl" (City OeWinter
Springs).
Ms. Sah18trom stated, "Staffhas detennined that the fourteen (14) review sf.3ndards have
been satisfied and recommends that the Planning and Zoning Boud hold a Public
Hearing relating to Ordinance 2004-08 which c~ the Zoning cla8si.fication on the
Renshaw property at Bird Road and TuscawiUa Tcai1, from 'A-I' S~le County to 'R-
CI' City ofWinteJ' Springs."
Mr. SteWJ. Rike, 14/6 Twca Trail, Winter Spring.!, FloriLki: requested explanation on
why there are two (2) Agenda Items for this isBue.
Ms. SahlstrQrn briefly 6.Xplained the two (2) separate processes related to Annex.a1ion
from Seminole County.
Disc~ion.
"1 RECOMMEND THAT THE PLANNING AND ZONING BOARD, AS A
.RESULT OF TIDS PUBLIC HEARING. RELATED ']['0 ORDINANCE 2004-08,
WHICH CHANGES THE ZONING CLASSIFICATION ON THE SUBJECT
PROPERTY AT BIRD ROAD AND TUSCA TRA.U., FROM "A.l" SEMINOLE
COUNTY TO "R-e1" CITY OF WINTER SPRINGS. I RECOMMEND THAT
WE APPROVE THIS AND MOVE IT ALONG/'" MOTION ay BOARD
MEMBER KARR. SECONDED BY BOARD M!MBER POI. DISCUSSION.
'Cape I/Sidc: A m1da
VOTE;
BOARDMEMBE.RKARR: AYE
BOARD MEMBER POE: AYE
BOAlm MEMBER VQSKA: An
VICE CHAIRPERSON KREBS= AYE
MOTION CARRIED.
U,'~O/,UU~ ~L.LU
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t"'Al.:1:. t:ll
FEE-18-2004 12:3B
CITY OF WINTER SPRINGS
407 327 4753 P.01/01
CITY OP WIN'IU. SPRlNGS
'01lAFI' UNAPl'RO'VED MINUT'S8.
nANNING ANP ZONINGI'I.OCAL P'LANN'ING ACDICY
RIlOUJ.A>. """""0 - "",_VAIlY" ~ JJ
P-'~r
REGULAR AGENDA
IlRGtlLlll
A. Final En3iDeeriDgfSite PlaD. For Phil ReelefNunery Road Commertlal
Develol!meot.
Ms. Sahlstrom introduced the Agenda Item. Ms. SahlstrQJ:n indicated that., "'There is a
scriven~'9 error. The correct munber oftree5 is twenty.two (22) instead oftwcnty-three
(23)."
Next, Ms. SahlstrQm stated, "Staff recommends the P@nning and Zoning Boa:rdILocal.
Planning Agency oonaider and recommend to the City Commission approval ofth.e Final
Engineering/Site Plan :fQr II 6.628 - acre tract at the northeast comer of the int6rsection of
Highway 17-92 and. N\USery Road. The site has a Con:un.ercial Future Land Use
designation and is within the "C-2' Commercial Zoning District."
~I RECOMMEND THAT THE CITY COMMISSION APPROVE A FINAL
ENGINEERING/SITE PLAN FOR THE 6.628 - ACRE TRACT AT mE
NORTHEAST CORNER OF THE INTERSECTION OF u.s. HJGHWAY 17-92
AND NURSERY ROAD WITH THE COJUlECTION TO THE SCRIVENER'S
ERROR MENTIONED BY MS. SAIILSTROM." MOTION BY BOARD
MEMBE.R POE. SECONDED. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
BOARDMEMBERKARR: AYE
BOARD MEMBER FOE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
npe I IS I lID A
TOTAL P. 01
02/18/2004 10:35 4075998584 NIS JKREBS
FEB-18-2lile4 10: 22 Cl TY CF WINTER 5PR Ita;
PAGE 05
40'7 327 4753 P. 06
CJnI OF WINTBR SPlmJGS
DMFTUHAPl'tr.OVBO MINUT1lS ~
ft.A2lOOl'lC AN'D .f.OJ'ttNcaoc.u. fLAHNlNO .\CENo(
REGULA.R MEJ;T1NG - FEBRUAAY 4, ~
P,4.(;B IS OF6
ADJOURNMENT
With consensus of the Board, Vice Chairperson Krebs adjourned the Meeting at 8;30
p.m.
RESPECTFULLY SUBMITTED BY:
DEBBIE FRANKLIN, DEPUTY CITY CLEIUC, AND
PATRICIA SCHRAFF
ASSISTANT TO THE CITY CLERK
APPROVED:
TOM BROWN, CHAlRMAN
PLANN~G AND ZONING BOARD/LOCAL PLANNlNG AGENCY
Ci~ C1erIc\Mvis.ol)' &l~ lIfld Comml~\ll'8r.Z\a.ll!\MINUTBS'm040' MGtJLAlWoo
}lUf5; These MlnulI!S 1IA:fC lIJ1Imlved at file
Na:dn.,
. 2004 P!amilll tid Zonill&lLGcal Plamlina ^Serq R.e,lIlO'
TOT~ P.e6
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
ATTACHMENT C
ORDINANCE 2004-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNA TION OF THE REAL PROPERTY
LOCATED WITHIN WINTER SPRINGS, FLORIDA AND
LEGALL Y DESCRIBED AS EAST '12 OF LOT 3, BLOCK C,
AND EAST t/2 OF LOT 3, BLOCK D, OF MITCHELL'S
SURVEY OF LEVY GRANT ON LAKE JESSUP,
ACCORDING TO THE PLA T THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, INCLUDING THAT
PORTION OF ORANGE A VENUE THAT INTERSECTS THE
TWO LOTS, AND GENERALLY LOCATED ON STATE
ROAD 434 ADJACENT TO CENTRAL WINDS PARK AND
MORE PARTICULARLY DESCRIBED ON EXHffiIT "A"
A TTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM SEMINOLE
COUNTY "A-l AGRICULTURAL" TO CITY OF WINTER
SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS,SEVERABILlTY,ANDAN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at their Februmy 4, 2004 meeting; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
heating on the proposed zoning change sel fOlth 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
CilyofWinter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
City of Wi Iller Springs
Ordinance No. 2004-06
Page I of 3
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
ATTACHMENT C
\VHEREAS, 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 HE-REBY ORDAINS, AS FOLLOWS:
Section 1.
Redtals.
The foregoing recitals are true and conect and are fully
incorporated herein by this reference.
Section 2.
ZoningMllp Al1wndmcnt. That the Official Zoning Map of the City of
Winter Springs as described in City of Winter Springs Cod€~ Section 20-102 is hereby amended to
include a change of classification from 5e.minole County "A-l Agricultural" to City of Winter
Springs "Town Center District" for the property legally described on:Exhibit :;A," which is attached
and incOJ]JOrated 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.
Rel)eal ofPriorlntonsistcnt Ordinanccs and Resolutions. AU 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 cont1ict.
Section 4.
Seyer'ability. If any section, subsection, sentenc.e, clause, phrase, word or
provision of this Ordinanr.e 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 p0l1ions of this Ordinance.
City of Winter Springs
Ordinance No, 2004."()6
Page 2 of J
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
ATTACHMENT C
Section 5.
Effective Date.TIlis ordinance shaH become effective immediately upon the
effective date of Ordinance 2004-05 as adopted by the City COlllmission of the City of Winter
Springs, Florida, and purslIantto the City Charter. If Ordinance 2004-05 does not become effective,
then this Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, Rodela, in a regular
meeting assembled on the
clay of
,2004.
John "F. HlISh, 'Mayor
ATTEST:
Andrea Lorcnzo-LuHces, City Cieri\.
Approved as to legal fonn and sufficiency for
the City of Winter Springs only:
Anthon)1 A. Gargllncsc, City Attorney
First Reading:
Second Reacling:
Effective Date:
G:\DocJ'Clly of Wln131 SpllnS,.<>.Ordln,lIlC'al'iZrolnt2004.o6. wpd7
Cit)' of Winter Springs
Ordinance No. 2004-06
Page 3 of J
February 23, 2004
PUBLIC HEARING AGENDA ITEM 404
ATTACHMENT C
ORDINANCE NO. 2004-06
EXHIBIT "A"
LOCATION MAP
, OUT
LEGAL DESCRIPTION
The East Y:z of Lot 3, Block C and the East Y:z of Lot 3, Block D and the portion of Orange Avenue
lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1,
Page 5, Public Records of Seminole County, Florida, being more particularly described as follows:
Begin at the intersection of the West line of the East Y2 of said Lot 3, Block D and the Northerly
right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official
Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E
along said West line, and along a Northwesterly projection thereof and along the West line of the
East Y:z of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate
edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33 '04" E along said
East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D
a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S
82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of
Beginning.
Containing 8.9 acres more or less.