HomeMy WebLinkAbout2004 08 23 Public Hearings 400
COMMISSION AGENDA
ITEM 400
Consent
Information
Public Hearin X
Re ular
August 23, 2004
Meeting
MGR. r /DEPT ;ff
Authorization
REQUEST:
The Community Development Department - Planning Division requests that the Planning &
Zoning Board I Local Planning Agency hold a Public Hearing to consider a Large Scale
Comprehensive Plan Amendment (Ordinance 2004-36) changing the Future Land Use Map
designation from "Industrial" to "Commercial" for five (5) parcels located along US Hwy 17-92.
PURPOSE:
The City of Winter Springs is initiating the request for a Large Scale FLUM Amendment,
changing the Future Land Use Map designation for five (5) parcels along US 17-92,
making them more consistent with the goals, objectives and policies of the
Comprehensive Plan Future Land Use Element.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general
responsibility for the conduct of the comprehensive planning program. Specifically, the
Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan
amendment and shall make recommendations to the governing body regarding the
adoption or amendment of such plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from
time to time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprin2s Charter Section 4.15 Ordinances in General.
@)
August 23, 2004
Public Hearing Item 400
Winter Sprin2s Article III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff review
board's recommendation, and recommend that the City Commission approve, approve
with modifications (text only), or deny the application for transmittal to the Department
of Community Affairs. At a minimum, the Local Planning Agency shall consider the
same factors considered by the staff review board. The LPA shall hold at least one (1)
public hearing prior to making its recommendation to the City Commission.
CHRONOLOGY:
Sept.2003-Feb.2004-Visioning Exercises and Workshops related to the
City's Commercial and Industrial districts.
July 22,2004- Property Owner Notified of Administrative Action
July 22, 2004- Adjacent property owners within 150' Notified by Certified Mail
July 25, 2004- Public Noticing in Orlando Sentinel of LP A Public Hearing
Aug. 4, 2004- P & Z Board (LP A) recommended Approval of Ord. 2004-36
Aug.12, 2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing
Aug.23, 2004- 1 st Reading/Transmittal Public Hearing of Ordinance 2004-36
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Location - Generally along SR 419 and Old Sanford/Oviedo Road
Site Information -
The following five (5) parcels currently have an "Industrial" future land use and are being
considered for this future land use change to "Commercial",
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
1101 17-92 HWY N Winter Springs FL 32708
State ST Bank & TR CO of CT TR
PO Box 711
Dallas, TX 75221
28-20-30-501-0000-017E
.46
LEG BEG 81.16 FT N 86 DEG 30 MTN E OF SW
COR LOT 18 RUN NEL Y ON CURVE 135.08 FT N
86 DEG 30 MTN E 140.44 FT S 115 FT S 86 DEG
30 MIN W 205.04 FT TO BEG SPRING
HAMMOCK REPLA T PB 7 PG 96
7-11 Convenience Store wi gas pumps
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Conmlercial"
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
Page 2
August 23, 2004
Public Hearing Item 400
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
No Physical Address (Shepard Road)
Dittmer Properties, INC
1006 Shepard RD
Winter Springs, FL 32708
28-20-30-5AS-OBOO-0 180
.68
LEG PT LOT 18 DESC AS BEG 496.02 FT S 86
DEG 02 MIN 40 SEC W OF NE COR LOT 18 RUN
S 26 DEG 2 MIN 26 SEC W 196.90 FT N 63 DEG
57 MIN 34 SEC W 223.01 FT N 25 DEG 19 MIN 9
SEC E 67.68 FT N 86 DEG 2 MTN 40 SEC E 258.48
FT TO BEG BLK B OAK GROVE PARK PB 7 PG
83
Superior Sheds (Commercial shed sales)
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'c'
Property Address:
Property Owner:
Owner's Address:
No Physical Address (Shepard Road)
Dittmer Properties, TNC
1006 Shepard RD
Winter Springs, FL 32708
28-20-30-5AS-OBOO-0 17 A
1.23
LEG LOTS 17 + 18 W OF W LI OF LOT 21 BLK C
LEVY GRANT (LESS BEG INT SLY LI LOT 17 &
EL Y LI 17-92 RUN NL YON RD 278.92 FT N 86
DEG 02 MIN 40 SEC E 258.48 FT S 26 DEG 02
MIN 40 SEC E 258.48 FT S 26 DEG 02 MIN 26
SEC W 196.90 FT S 63 DEG 57 MIN 34 SEC E 255
FT S 4 DEG 49 MTN 25 SEC W 204 FT N 66 DEG 9
MIN 31 SEC W 546.73 FT TO BEG) BLK B OAK
GROVE PARK PB 7 PG 83 (1.15 AC)
Superior Sheds (Commercial shed sales)
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel LD.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL'D'
Property Address:
Property Owner:
Owner's Address:
105717-92HWYN
Moretti, Richard
7104 Bledsoe Avenue
Orlando, FL 32810
28-20-30-5AS-OBOO-017B
2.50
LEG PT LOTS 17 & 18 BEG S 86 DEG 2 ,1M 40
SEC W 327.59 FT & S 4 DEG 49 MIN 25 SEC W
301.54 FT OF NW COR WILD- WOOD RUN S 4
DEG 49 MIN25 SEC W 204 FT N 66 DEG 9 MTN
31 SEC W 546.73 FT NLY ON RD 211.24 FT S 63
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Page 3
August 23, 2004
Public Hearing Item 400
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
DEG 57 MIN 34 SEC 478.01 FT TO BEG BLK B
OAK GROVE PARK PB 7 PG 83
Gazebo Manufacturing and Assembly
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
PARCEL 'E'
Property Address:
Property Owner:
Owner's Address:
615 ] 7-92 N Winter Springs, FL 32708
RCJ of Winter Park NO 2 LTD.
301 S Orlando Ave STE 200
Maitland FL, 32708
33-20-30-503-0000-0140
11
LEG LOTS 14 + 15 (LESS EL Y 225 FT OF NL Y
385 FT OF LOT 15) ENTZMINGER FARMS ADD
NO 3 PB 6 PG 27
Holler Kia- Mitsubishi Dealership
Winter Springs C-2 "General Conlli1ercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
Chronology of Subiect Property - The properties have been in the City and have been
utilized as they are currently being used, for some time.
Existing Land Uses -The properties currently have the following uses: Auto Sales &
Service, Car Dealership, Convenience Store, and Shed Sales.
Adjacent existing land uses, zoning and FLUM designations include the following:
Exist~ng Land Uses Zoning FLUM
Subject Sites Commercial Retail
C-2 (WS)
Industrial (WS)
North Light Manufacturing
C-2 (WS)
Industrial (WS)
South
Commercial Retail
C-2 (SC)
Commercial (SC)
East
Vacant
PUD (WS)
Industrial (WS)
West
Commercial Retail
C-2 (LG)
Conlli1ercial (LG)
(WS) Winter Springs; (SC) Seminole County; (LG) Longwood
Development Trends - The subject properties have been developed and no changes are
proposed at this time.
Page 4
August 23, 2004
Public Hearing Item 400
Proposed Future Land Use Classification - The proposed future land use map designation
from City of Winter Springs "Industrial" to City of Winter Springs "Commercial" is
compatible with adjacent land uses and consistent with the commercial environment
along the US 17-92 corridor.
Letters/Phone Calls In Favor Or Opposition - Property owner Richard Moretti is opposed
to the change in designation from Industrial to Commercial (see attached letter).
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Desienation - The requested future land use map
designation was determined after numerous visioning exercises and workshops with the
Planning & Zoning Board and City Commission. The designation was determined by
evaluating the prevailing character and opportunities of US 17-92, as well as evaluating
the existing land use and future goals and objectives of the City. The subject properties
are developed and not expected to change in the near future.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
Availability of Access:
Direct access is from US 17-92.
Function Classification:
US 17-92 is a principal arterial 6-lane north-south undivided roadway within the City of
Winter Springs with a level of service "D".
POTABLE WATER:
Facilities serving the parcels:
Parcel A & E are currently serviced by City water.
Improvements/expansions needed as a result of proposed amendment:
None.
SANIT ARY SEWER:
Facilities serving the parcels:
Parcel A & E are currently serviced by City sewer.
Improvements/expansions needed as a result of proposed amendment:
None.
RE-USE WATER SYSTEM:
Facilities serving the parcels:
None.
Improvements/expansions needed as a result of proposed amendment:
None.
Page 5
August 23,2004
Public Hearing Item 400
DRAINAGE/STORMW A TER:
Facilities serving the parcels:
Parcel E is serviced by City stormwater.
Improvements/expansions needed as a result of proposed amendment:
None.
SOLID WASTE:
Facilities serving the parcels:
The City has an exclusive franchise agreement with a solid waste hauler, Florida
Recycling, until 2006.
Improvements/expansions needed as a result of proposed amendment:
None.
RECREATION & OPEN SPACE:
Facilities serving the parcels:
There are no recreation or open space parcels adjacent to the area although the parcels are
serviced by the City's extensive park system.
Improvements/expansions needed as a result of proposed amendment:
None.
FIRE:
Facilities serving the parcels:
Station 24 on Moss Rd. in Winter Springs is the closest Winter Springs station. Station
17 in Longwood would be first responder as it is slightly closer. Response time would be
less than 5 minutes.
Improvements/expansions needed as a result of proposed amendment:
None.
POLICE:
Facilities serving the site:
Station on 300 N. Moss Rd. in Winter Springs is the closest Winter Springs station.
Response time would be less than 5 minutes.
Improvements/expansions needed as a result of proposed amendment:
None.
Nuisance Potential Of Proposed Use To Surroundin2 Land Uses - The nuisance
potential of the proposed use resulting from the change of land use designation from
Industrial to Commercial to the surrounding properties should be minimal in view of the
following:
. The proposed FLUM designation will be more consistent with the surrounding areas
than the current designation.
. No changes are being proposed on the properties.
Page 6
August 23,2004
Public Hearing Item 400
Natural Lands Compatibility-
The properties under consideration do not include any conservation areas except Parcel E
which is south of Boat Lake. Parcel E is a car dealership. No further expansion or
redevelopment has been proposed. Therefore, no additional impacts to environmentally
sensitive areas are under consideration.
SOILS
The soils on this property are generally Urban Land.
Source: Soil Survey of Seminole County, Florida published by the Soil Conservation
Service ofthe U.S. Department of Agriculture
TOPOGRAPHY
The subject property and surrounding area are relatively flat with some drop off (0-12
percent.
FLOOD PRONE AREAS
A portion of Parcel E is located in Flood Zone AE with a base flood elevation of 55.
When the site was developed in the year 2000 this portion of the site was left un
developed. No further impact as a result of the FLU change.
NATURAL RESOURCES
No further impact.
HISTORIC RESOURCES
None.
WILDLIFE
No further impact.
Consistency With The Comprehensive Plan - Florida Statute 163.3177 (6) (a) states. ..
"The future land use element must clearly identify the land use categories in which public
schools are an allowable use."
The Comprehensive Plan provides the following definitions for Industrial and
Public/Semi-Public Land Uses:
Industrial- The industrial land use category includes both light and heavy industrial uses.
Industrial uses are typically cOlmected with manufacturing, assembly, processing or
storage of products.
Commercial- The commercial land use category consists of a variety of retail and office
uses; such as, medical facilities, shopping centers, restaurants, automobile service
facilities, and similar uses.
The proposed administrative Large Scale Comprehensive Plan Amendment changing the
Winter Springs land use designation of "Industrial" to Winter Springs designation of
Page 7
August 23,2004
Public Hearing Item 400
"Commercial" is compatible and consistent with the historic and proposed use of this
area for retail commercial.
FINDINGS:
. The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
. The request is in COnfOl1l1anCe with the purpose and intent of the City Code and with
all applicable requirements.
. Considering the type and location of uses involved and the general character of the
area, the change of the FLUM designation will not result in any incompatible land
uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage,
dust, lighting, appearance, and other factors deemed important.
. The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of
the Florida Administrative Code, especially related to the protection of off-site and
on-site natural resources.
P&Z 1 LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board/Local Planning Agency on
August 4, 2004, the Board held a Public Hearing and voted 5-0 recommending
"Approval" to the Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold First Reading/Transmittal Hearing and
Adoption of Ordinance 2004-36, a Large Scale Comprehensive Plan Amendment
changing the Future Land Use Map designation of the five subject properties along US
17-92 from (Winter Springs) "Industrial" to (City of Winter Springs) "Commercial".
IMPLEMENTATION SCHEDULE:
Aug. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing
Aug. 23, 2004- Transmittal Hearing / I sl Reading of Ordinance
Aug. 30, 2004- Transmittal to DCA and other agencies
Nov.!Dec. 2004- Anticipated Adoption
ATTACHMENTS:
A. Draft Unapproved P&Z / LP A Minutes
B. Ordinance 2004-36, with Map & Legal Description
CITY COMMISSION ACTION:
Page 8
August 23,2004
Public Hearing Item 400
ATTACHMENT A
Draft Unapproved P&Z / LPA Minutes
Page 9
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING HOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 4, 2004
PAGE 2 OF 6
CONSENT
B. Approval Of The July 7, 2004 Regular Meeting Minutes.
Board Member William Poe stated, "I would like a correction to those Minutes and I
would also like to thank Mr. Brown [Board Member Tom Brown] for the comments that
he made for congratulating you [Chairperson Joanne Krebs] and I for being reappointed
to the Board. However, it indicates the Board of 'Adjustment' - for their reappointments
to this Board, and - 'Board of Adjustment' needs to be changed to [Planning and Zoning
Boardl] 'Local Planning Agency', 'P And Z'."
"WITH THOSE CORRECTIONS, I RECOMMEND APPROV AL OF THE
MINUTES AS CORRECTED." MOTION BY BOARD MEMBER POE.
SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER VOSKA: AYE
BOARD MEMBER POE: AYE
CHAIRPERSON KREBS: AYE
MOTION CARRIED.
III. PUBLIC HEARINGS AGENDA
PUHLIC HEARINGS
A. Requests That ThePlannillg And Zoning Board/Local Planning Agency Hold A
Public Hearing To Consider A Large Scale Comprehensive Plan Amendment
(Ordinance 2004-36) Changing The Future Land Use Map Designation From
"Industrial" To "Commercial" For Five (5) Parcels Located Along US Highway 17-
92.
Chairperson Krebs opened the "Public Input" portion of this Agenda Item.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department referenced a letter received dated August 3, 2004.
Chairperson Krebs closed the "Public Input" portion of this Agenda Item.
Ms. Sahlstrom presented this Agenda Item.
Much discussion.
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 4, 2004
PAGE30F6
"I WOULD LIKE TO MAKE A MOTION - THAT THE PLANNING AND
ZONING BOARD/LPA [LOCAL PLANNING AGENCY] RECOMMEND
APPROVAL TO THE CITY COMMISSION FOR THE FIRST READING AND
TRANSMITTAL HEARING AND ADOPTION OF ORDINANCE 2004-36, A
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE FIVE SUBJECT
PROPERTIES ALONG US [HIGHWAY] 17-92 FROM WINTER SPRINGS
'INDUSTRIAL' TO THE CITY OF WINTER SPRINGS 'COMMERCIAL'."
MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER
POE. DISCUSSION.
VOTE:
BOARD MEMBER BRO\VN: AYE
BOARD MEMBER VOSKA: AYE
CHAIRPERSON KREBS: AYE
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
B. Requests That The Planning And Zoning Board/Local Planning Agency Hold A
Public Hearing To Consider Ordinance 2004-35, Related To The Proposed Capital
Improvements Program For FY (Fiscal Year) 2004/05 Through 2009/10.
Chairperson Krebs opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda Item.
Ms. Sahlstrom discussed this Agenda Item.
Ms. Sahlstrom spoke regarding receiving the 'Data' from all the Departments for the
Capital Improvements Program. Ms. Sahlstrom stated, "Scott [Mr. Semones, University
Central Florida Intern, Community Development] has put a lot of this 'Data' together."
Ms. Sahlstrom said, "We [Staff] are asking you to - recommend approval so it can go to
the City Commission. - It is in alignment with what is being proposed for the tentative
Budget."
Discussion.
August 23,2004
Public Hearing Item 400
ATTACHMENT B
Ordinance 2004-36, with Map & Legal Description
Page 10
ORDINANCE NO. 2004-36
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE
SCALE COMPREHENSIVE PLAN AMENDMENT,
REFERENCED AS LS-CPA-04-3, PROVIDING FOR THE
AMENDMENT OF THE FUTURE LAND USE MAP BY
DESIGNA TING CERTAIN REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
FIVE (5) PARCELS OF LAND CONTAINING 15.87 GROSS
ACRES MORE OR LESS LOCATED GENERALLY ALONG
U.S. HIGHWAY 17-92, MORE PARTICULARLY LEGALLY
DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS
REFERENCE, FROM "INDUSTRIAL" TO "COMMERCIAL";
PROVIDING ADOPTION OF AMENDMENT TO THE
FUTURE LAND USE MAP; PROVIDING FOR
TRANSMITI' AL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL
ST A TUS OF THE PLAN AMENDMENT.
WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and
all interested parties submitting written and oral comments and has recommended adoption to the
City Commission; and
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
the subject property large scale comprehensive plan amendment (LS-CPA-04-3) to the Florida
Department of Community Affairs for its review and comment; 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, Florida; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2004-36
Page 1 of 3
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein
by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulations Act, Sections 163.184
and 163.187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent is to adopt the large scale
comprehensive plan amendment (LS-CPA-04-3) designating the subject property from "Industrial"
to "Commercial."
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit "A" as "Industrial" to "Commercial." Exhibit "A" is attached hereto
and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(1)(c)( 4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City of Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
the Comprehensive Plan Amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this Amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the Amendment may nevertheless be made effective by adoption of
a resolution affirming its effective status. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs'
Comprehensive Plan and become a part of that plan and the Amendment shall have the legal status
of the City of Winter Springs' Comprehensive Plan, as amended.
City of Winter Springs
Ordinance No. 2004-36
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2004.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\Docs\City of Winter Springs\Ordinallces\2004\2004-36_LargeScalel-l...UM. wpd
City of Winter Springs
Ordinance No. 2004-36
Page 3 of 3
August 23,2004
Public Hearing Item 400
B
E
ATTACHMENT B
Ordinance 2004-36, with Map & Legal Description
Parcel A -
Parcel B -
Parcel C -
Parcel 0 -
Parcel E -
Parcel # 28-20-30-501-0000-017E
Parcel # 28-20-30-5AS-OBOO-0 180
Parcel # 28-20-30-5AS-OBOO-0 17 A
Parcel # 28-20-30-5AS-OBOO-017B
Parcel # 33-20-30-503-0000-0140
Page 11
Date: 082304
The following Document was distributed by on
08/23/04 during Public Hearings "400"
" li'.
John C. Englehardt, P. A.
Attorney at Law
1524 East Livingston Street
Orlando, Florida 32803-5495
Telephone 407-896-1138
Facsimile 407-896-7370
August 3, 2004
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City of Winter Springs
Planning & Zoning Board
1126 State Road 434
Winter Springs, Fl 32708
Re: Richard Moretti Parcel D, Parcel # 28-20-30-5AS-OBOO-017B
7104 Bledsoe Ave.
Orlando, FI 32810
Dear Sirs:
Please be advised that I represent Richard Moretti, the owner of a portion of the land
subject to the proposed change ofland use from industrial to commercial. Mr. Moretti's parcel
of land subject to this proposal consists of a piece of land subject to a Florida Power easement.
Since the Florida Power easement exists, the only use to which Mr. Moretti can put the
land is outside storage. It is my understanding that the outside storage is prohibited in
commercial zoning. For that reason, Mr. Moretti objects to any re-zoning of his land from
industrial to commercial. Such a re-zoning would constitute a complete destruction of the
economic value of that parcel of land and would therefore constitute a taking for which Mr.
Moretti would require compensation from the City of Winter Springs.
If you have any questions please feel free to contact me.
JOHN C. ENGLEHARDT, P. A.
JCE/ap
Aug-02-04 11:17A
P.03
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CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
Richard Moretti
7104 Bledsoe Ave
Orlando, FL 32810
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22 ] uly 2004
Dear Property Owner:
As you may be aware, the City of\Vinter Springs recently adopted a new zoning district entitled "C-3
Highway 17 -92 Commercial District" specifically for commercial properties along U.S. 17-92.
However, the future land use in this area is currently designated "Industrial", The City i~ proposing a
large scale comprehensive plan amendment to change the future land Ilse to "Commercial".
}rOIl are beinl. notified becallse )'OIJ own properry alon..~ US 17-92 that is under ,.onsideration jor this J ....u;ge Scale
Comprehensil1e Plan Amendment changing the Future Lmd Use,jrom "IndIJstrial" to "Commenial':
lbc City of Winter Springs is initiating the Comprehensive Plan Amendment changing the ruturc
Land Use. No action is reqllired of you; however, your input and participation in the process is
important, and it is crucial that you are notified of the City's intentions. You have a right to
participate should you desire, and the City would welcome any written or oral commcnt~ during the
upcoming public hearings.
The l\dministrative request for the Comprehensive Plan Amendment changing the FUlurc Land Cse
will most likely follow the foUowing schedule: ..
Planning & Zoning Board- Wed., ;\ugust 4, 2004 @ 7:00 PM ,'j
Commission Transmittal Public Hearing- Mon., August 23, 2004 (Mtg. begins ar 6:3(1 1'\1)
Adoption Hearing sometime after comments ate received from the State.
I am happy to explain this further or try to address your questions. I can be reached at:
(407) 327-5967.
Sincer.ely, --'\
cfuj,zje .JL '/uJ 8jtlv~
Eloise M. Sahlstrom, AICr, ASLA
Senior Planner
Aug-02-04 11:16A
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O'
14 r;~t '6
Location Map
B
E
Parcel A -
Parcel B -
Parcel C -
Parcel D -
Parcel E -
Parcel # 28-20-30-501-0000-0 17E
Parcel # 28-20-30-5AS-OBOO-0180
Parcel # 28-20-30-5AS-OBOO-017 A
Parcel # 28-20-30-5AS-OBOO-017B
Parcel # 33-20-30-503-0000-0140
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Seminole County Property Appraiser Get Infonnation by Parcel Number Page 1 of 1
Personal Property I PIHase Sel~?!-'~~c5>~nt . 8
PARCEL DETAIL
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407-6(.:;-7S06
GENERAL
28-20-30-5AS- .. W4-WINTER SPRINGS
Parcelld: OBOO-017B Tax District: 17-92 REDVDST
MORETTI
Owner: RICHARD Exemptions:
Address: 7104 BLEDSOE AVE
City,State,ZipCode: ORLANDO FL 32810
Property Address: 105717-92 HWY N
Facility Name:
Dor: 27-AUTO SALE AND SERVIC
SALES
Deed Date Book Page Amount Vacllmp
WARRANTY DEED 1111979 01254 0042 $80,000 Vacant
Find Comparable Sales within this DOR Code
LAND
land Assess Method Frontage Depth land Units Unit Price land Value
SQUARE FEET 0 0 30,935 3.00 $92,805
SQUARE FEET 0 0 43,264 3.00 $64,896
SQUARE FEET 0 0 34,499 1.65 $56,923
<l Back l>
2004 WORKING VALUE SUMMARY
Value Method: Market
Number of Buildings: 1
Depreciated Bldg Value: $195,391
Depreciated EXFT Value: $0
land Value (Market): $214,624
Land Value Ag: $0
Just/Market Value: $410,015
Assessed Value (SOH): $410,015
Exempt Value: $0
Taxable Value: $410,015
2004 Notice of Proposed Property Tax
2003 VALUE SUMMARY
2003 Tax Bill Amount: $7,842
2003 Taxable Value: $414,085
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
LEGAL DESCRIPTION PLAT
LEG PT LOTS 17 & 18 BEG S 86 DEG 2 MIN 40
SEC W 327.59 FT & S 4 DEG 49 MIN 25 SEC
W 301.54 FT OF NW COR WILD- WOOD RUN S 4
DEG 49 MIN 25 SEe W 204 FT N 66 DEG 9 MIN
31 SEC W 546.73 FT NL YON RD 211.24 FT S 63
DEG 57 MIN 34 SEe E 478.01 FT TO
BEG BLK B OAK GROVE PARK PB 7 PG 83
BUILDING INFORMATION
Bid Num Bid Class Year Bit Fixtures Gross SF Stories Ext Wall Bid Value Est. Cost New
1 STEEL/PRE ENG 1982 4 10,000 METAL PREFINISHED $195,391 $271,376
NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax
urposes.
.** If ou recent!
http://www.scpafl.org/pls/web/re_web.seminole_ county _title?P ARCEL=2820305ASOBOO... 8/23/2004
. . Seminole County Property Appraiser Get Information by Parcel Number
Page 1 of 1
PARCEL DETAIL
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S~i1J!l1.~!~ (CUUll.t;r
Fh1rl'~74;)ft:;i~1I'
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I 101 ,~. Fini4 ~(,
S"an/iII'tI")' ::1277 I
407..01'0:'>-'7506
GENERAL
28-20-30-5AS- ,. W4-WINTER SPRINGS
Parcelld: OBOO-0160 Tax Dlstnct: 17-92 REDVDST
RICHARD
Owner: MORETTI LLC Exemptions:
Address: 1524 E LIVINGSTON ST
City,State,ZipCode: ORLANDO FL 32802
Property Address:
Facility Name:
Dor: 91-GAS/ELECTRICITELEPHO
SALES
Deed Date Book Page Amount Vacllmp
QUIT CLAIM DEED 01/2004 05177 1119 $100 Vacant
Find Comparable Sales within this DOR Code
LAND
Land Assess Method Frontage Depth Land Units Unit Price Land Value
ACREAGE 0 0 1.000 100.00 $100
<J Back l>
. '-' t.,~
Value Method: Market
Number of Buildings: 0
Depreciated Bldg Value: $0
Depreciated EXFT Value: $0
Land Value (Market): $100
Land Value Ag: $0
JustlMarket Value: $100
Assessed Value (SOH): $100
Exempt Value: $0
Taxable Value: $100
2004 Notice of Proposed Property Tax
2003 VALUE SUMMARY
2003 Tax Bill Amount: $2
2003 Taxable Value: $100
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
LEGAL DESCRIPTION PLAT
LEG N 5 FT OF LOT 16 W OF W LI LOT 21 BLK C
LEVY GRANT BLK B
OAK GROVE PARK PB 7 PG 83
NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax
urposes.
..* If au recent!
';cf~~ij
http://www.scpafl.org/pls/web/re_web.seminole_ county _title?P ARCEL=2820305ASOBOO... 8/23/2004