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HomeMy WebLinkAbout2012 11 19 Public Hearing 503 Ordinance 2012-20, Toledo RezoningCOMMISSION AGENDA ITEM 503 November 19, 2012 Special Meeting Informational Consent Public Hearings X Regular KS RS City Manager Department REQUEST: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading of Ordinance 2012 -20, which proposes to rezone a 8.29 acre parcel located on the north side of State Road 434, approximately 582 -feet west of the intersection of DeLeon Street and State Road 434 from C -1 (Neighborhood Commercial) to R -1A (One - family dwelling district), to the December 10, 2012 Regular City Commission meeting. SYNOPSIS: An application was received by the Community Development Department which requests a rezoning for an 8.29 acre parcel from C -1 (Neighborhood Commercial) to R -1A (One - family dwelling district). The subject property is located on the north side of State Road 434, approximately 582 -feet west of the intersection of DeLeon Street and State Road 434. The rezoning request is a companion to a proposed Small -Scale future land use map amendment which requests a re- designation of the property's future land use designation from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential" "Conservation" and "Conservation Overlay ". The applicant has requested this rezoning to allow a portion of the property to be utilized in the development of a single - family residential subdivision that is proposed to be developed partially in the City of Winter Springs, and partially in the City of Oviedo. At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading of Ordinance 2012 -20, to the December 10, 2012 Regular City Commission meeting. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246 : (Provides that land development regulations for Public Hearings 503 PAGE 1 OF 4 - November 19, 2012 municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20 -31. CONSIDERATIONS: The applicant is petitioning the City to rezone the subject property from C -1 (Neighborhood Commercial) to R -1A (One - family dwelling district) to develop single - family residences on the eastern portion of the property. The residences would be developed as part of a larger single - family residential subdivision that is proposed for development in the City of Winter Springs and the City of Oviedo. The surrounding area is generally characterized by low density residential uses. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20 -31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. Public Hearings 503 PAGE 2 OF 4 - November 19, 2012 Existing Land Uses Zoning Future Land Use Subject Property Undeveloped City of Winter City of Winter Springs C -1 (Neighborhood Springs "Commercial ", "Conservation" and "Conservation Overlay" Commercial) North Undeveloped with a palm tree City of Winter City of Winter Springs "Rural growing and harvesting operation, cellular tower Springs R -C 1 (Single- family dwelling district) Residential" South Two (2) single - family residences Seminole County Seminole County Low Density with associated accessory buildings. A -1 Residential East Undeveloped City of Oviedo R -1 City of Oviedo LDR "Low Density (Single - family zoning district) Residential" West Single - family residential subdivision (Barrington Estates), commercial use consisting of a City of Winter Springs C -1 (Neighborhood City of Winter Springs "Commercial ", Low Density Residential" (Barrington Estates: density of 1.88 dwelling units daycare center Commercial), R- IA per acre). (One family dwelling district) REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20 -31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. Public Hearings 503 PAGE 2 OF 4 - November 19, 2012 (2) Consistent with the Comprehensive Plan- The proposed rezoning is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject property is proposed to become part of a single - family residential subdivision. Currently, there is no master plan for the property. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Winter Springs C -1 (Neighborhood Commercial) to Winter Springs R -1A (One - family dwelling district) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have future land use designations in the City of Winter Springs, the City of Oviedo and Seminole County of "Low Density Residential" and "Commercial ". (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. A majority of the adjoining properties are zoned for, and consist of single - family residential uses. The property to the west is zoned C -1 and is the site of a daycare center. (6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not 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 proposed zoning designation of R -1A is compatible with the proposed Low Density Residential Future Land Use Map classification that is proposed via Ordinance 2012 -19. (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning 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 Adjacent Vacant 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. (12) Does Not Constitute 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: Public Hearings 503 PAGE 3 OF 4 - November 19, 2012 In analyzing the rezoning request, it has been determined that the fourteen (14) review standards included in Section 20 -31 were satisfied. FISCAL IMPACT: The proposed rezoning of the property from C -1 (Neighborhood Commercial) to R -1A (One - family dwelling district) poses a risk to the City for the potential loss of commercial taxable value. The development of the property into a single - family residential subdivision will provide additional taxable value to the City. The property is not conducive to commercial development as a majority of the property is comprised of wetlands or Conservation Easements. The proposed use is the highest and best use of the subject property. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on October 28, 2012. Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. RECOMMENDATION: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading of Ordinance 2012 -20, which proposes to rezone a 8.29 acre parcel located on the north side of State Road 434, approximately 582 -feet west of the intersection of DeLeon Street and State Road 434 from C -1 (Neighborhood Commercial) to R -1A (One - family dwelling district), to the December 10, 2012 Regular City Commission meeting. ATTACHMENTS: A. Ordinance 2012 -20 B. Advertisement, Orlando Sentinel — October 28, 2012 C. Minutes, November 7, 2012 Planning & Zoning Board meeting Public Hearings 503 PAGE 4 OF 4 - November 19, 2012 Attachment "A" ORDINANCE NO. 2012-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL OF LAND TOTALING 8.29 ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434 IN THE CITY OF WINTER SPRINGS, FLORIDA, AND DEPICTED ON EXHIBIT "A" ATTACHED HERETO, FROM "C -1 NEIGHBORHOOD COMMERCIAL DISTRICT" TO "R -1A ONE - FAMILY DWELLING DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their November 7, 2012 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth 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 City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth 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 Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2012 -20 Page 1 of 2 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20 -102 is hereby amended to include a change of classification from "C -1 Neighborhood Commercial District" to "R -1A One - Family Dwelling District" for the property legally described on Exhibit "A," which is attached and incorporated 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. Repeal of Prior Inconsistent Ordinances and Resolutions. All 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 conflict. Section 4. 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 5. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2012 -19 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2012 -19 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2012. ATTEST: Charles Lacey, Mayor Andrea Lorenzo - Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2012 -20 Page 2 of 2 Exhibit "A" Legal Description: Lot 19, MAP OF THE VAN ARSDALE OSBORNE BROKERAGE CO'S ADD. TO BLACK HAMMOCK, according to the plat thereof as recorded in Plat Book 1, Page 31, Public Records of Seminole County, Florida 0 BARRINGTON E 5TA7E5 ME5 s sl e MN dME s s � e vg sewn is s s ssco ono IEEE 0 v -'M R sssss� Bom 0 0� IP 0 0 TERRAfAGO 1CM. CRE D S RUN 0 fl 10 434 0 ro u0i BLACK HAMMOCK '-FLORIDA AVE Subject 1- p property 1111100 MINIM Client Name: Ad Number: Advertiser: Insertion Number: J LL O O m V O J a) 0 N —Cr) a) CO 0_ 0 a) Ord. 2012 -19,20 O Q U a) 0 Q 1- O O U Orlando Sentinel O V co tn OEL 0. N w d O O k tD 0 di O N > w V 0 co rOEccO 0. as V ea as -a cnw O O 0 1- F N r O a N M\ W .+ N_ Ow C r w }� 7 co as c O-a 0 - c cti V N as rn W 0- B4 1 Sunday Local News 1 Orlando Sentinel Sunday, October 28,2012 Attachment "B" MAXWELL Continued from Page B1 and $1,800 more on limousines and chauf- feurs. Or maybe visit his favorite neighbor- hood steakhouses ... 76 times. He can even put tens of thousands of dollars into his personalbank account — as long as he claims he's reimbursing himself for legitimate expenses. Not only would all of thatbe legal — it all actually happened. Florida legislators — specifically party leaders — have been exposed doing all of those things with money from companies and interests that want legislative favors. This is Florida's new normal. Fortunately, there is finally talk of changing this. It's coming from a handful of legislators who seem capable of an emotion rarely demonstrated in Tallahas- see: shame. Incoming Senate President Don Gaetz is chief among them, telling reporters re- cently that ethics reform is among his top pr He's a Republican cracking down on fellow Republicans._ the ones giving his entire party abed name. (Democrats used to get into similar trouble decades ago when they ran the show. Nowadays, though, Democrats don't have enough clout to pass gas, much less legislation. So the special interests save most of their loot for the Republicans.) Specifically, Gaetz wants to force legis- lators to file more-complete financial disclosures and make that information more easily accessible to citizens, That's sorely needed. Right now, we have law- makers who refuse to disclose whose payroll they are on — even if they're cast - ing votes that could help their benefactors. That's just sick. Gaetz also wants to ban lawmakers from voting if they have a conflict of inter- est Right now, that's not prohibited. Seri - usly. o He also wants to tighten the reins on those who try to parlay their part -time legislative jobs into better- paying public ones. (Like the lawmaker who beefs up funding for acommunity college and — voila! — suddenly gets a cushy job at that same college.) Amen. Amen. Amen. Go, Don, go. But the practice that has Gaetz most perturbed is legislators living high on the hog, thanks to corporate money funneled through committees that legislators setup under the auspices of campaigning or promoting generic ideals. Gaetz said it has become painfully obvi- ous that some legislators simply 'live out of" their committee funds, saying: `T think that is wrong." Gaetz made that statement just afew weeks after Central Florida's own state Rep. Chris Dorworth made statewide news for collecting more than $1 million in a political committee — and using the money for everythingfrombar tabs to a trip to Taiwan. Dorworth also claimed he needed to reimburse himself more than $30,000 for "out of- pocket expenses;' ac cording to the Tampa Bay Times. Dorworth said all of the spending was perfectly appropriate — related to the business of campaigning. It's the same thing Dean Cannon said when he racked up more than $14,000 worth of charges on the Republican Party credit card at 76 visits to steakhouses, Houston's and Ruth's Chris, just a few miles from his Winter Park home during the course of about two years. (I hope Dean charged a few bottles of Lipitor to the party donors as well) And the same thing Cannon said about the GOP - donor - funded trip he took to Washington with some legislative pals. And the same thing Dorworth said about his Vegas getaway. 15's the same thing they always say. Yes, companies that want us to do them legislative favors giveourcommitteesmon- � Yes, we spend that money on lavish din- ners, trips and other perks. And, yes, we end up passing a lot of the bills those companies want. But how dare you suggest that any of that is related Oh, and no, we won't provide detailed proof that the spending was appropriate — because we don't have to. That's part of what Gaetz and incoming House Speaker Will Weatherford said they want to change with the campaign com- mittees. They should do it with the party funds as well. Now, to be honest with you, I'm not holding my breath. Expecting Florida politicians to clean up their own act is like expecting a pig to stay out of the mud. But the simple fact that Gaetz and Weatherford are talking about sweeping reform — the likes of which this state hasn't seen in nearly four decades — is encouraging. And really, none of this is that compli- cated: If you can't serve in public office with- out lining your own pockets or personally benefiting, you have no business being there. smaxwell @tribune.com or 407-420 -6141 KASSAB Continued from Page B1 the Casselberry hair salon where Bradford Baumet went Oct 18 to murder estranged girlfriend Marcia Santiago. She is still fight- gfor her life,but he killed three others before shooting himself In just one month, domestic violence has claimed at least ll lives in Central Florida, and four were bystande rs. The notion that domestic violence is a private family affair can be tossed along with the twisted idea that victims are some- how to blame for their abuse. Domestic violence is very much a public problem that deserves public attention. But it's also one that frequently slips through the cracks. In 2010 the State Attorney's Office ceived 12,577 domestic - violence cases in Orange and Osceola counties. But charges were filed in 2,044— orjustl6 percent— of the c Abut half ofthose resulted in some type of plea deal. Only 79 cases went to trial that year, and just 42 defendants were found guilty. Michelle Latham, the chief domestic- violence prosecutor, said her office's statis- tics have improved dramatically since a felony domestic - violence unit was formed a little more than ayear ago. Now she says the number of cases reaching trial, plea agree- Bob Brooks Age: 58 Party: Republican. Family: Married, three children. Occupation: Physician, University of South Florida professor. Education: Bachelor of arts and M.D., Wayne State University. M.A., Reformed Theological Seminary Or- lando. MBA Auburn Univer- sity. M.A., Harvard School of Public Health Political service: State House member 1994 99 Secretary of Florida's De- partment of Health, 1999 -2001. HOUSE Continued from Page B1 But their biggest fight has been about schools Brooks is backed by the Florida Federation for Children, a pro voucher group. Stewart has the support of various unions, including the Or- ange County Classroom Teachers Association. Brooks touts his own teaching experience as a university public- health professor. He was an early backer of school vouchers and supports "parent -trig- ger" legislation that would allow a majority of parents to compel conversion of a struggling public school to a charter school. But Brooks said he wants accountability for all schools. "Charter schools need to be held to standards that are at least equal to those of the public schools;" Brooks said, adding that he also would fight to increase state fund - ing for education. The Florida Democratic Party and Stewart have pounded Brooks over the charter-school l issue in mailers. One ad blasts Brooks' "school voucher scheme that drains millions of our tax dollars from pub- lic schools" Stewart also op- poses the "parent-trigger" legislation. But even outside the classroom, they differ on many issues. For instance, Stewart supports legislation to force online retailers such as Am- m to begin collect- ing sales taxes, so Florida's brick-and-mortar retailers can better compete. Brooks F av Carlene Pierre, pictured with 2of her chil dren, was shot to death at the hotel where she worked by her estranged boyfriend. ments or a diversion program is nearing the office's goal of 80 percent. And she's helping to train law- enforce- ment officers on how to assist the state attorney inbuildingbetter cases against batterers. But Polynice is agood example of how some asesget missed. About two weeks before Pierre was killed, Polynice bowed up ether workplace and ran her over with a cat sendingher to Linda Stewart Age: 53 Party: Democrat. Family: Married, two children. Occupation: Community advocate. Education: Boone High School attended Valencia Community College studied two years abroad. Political service: Orange County commissioner, 2002 10, and past char of CountyWatch a local watchdoggroup. opposes nother difference Abill that failed to pass the Legis- lature this year would have required a 24 hour waiting period before an abortion. Stewart opposes it Brooks would have voted for it. Heading into rehes race, l Stewart's or t po- litical service gave her bet- ter name recognition. But Brooks has vastly outraised her: $268,043 to $70,854 through Oct. 12, records show, though outside groups and both political parties have spent hundreds of thousands more on TV and mail ads. In those, Brooks said that Democrats have misled voters about his record. For instance, one ad described him as denying prenatal are to women as the Health Department chief. Brooks said he merged Healthy Start offices to trim admin- istrative costs and didn't cut servicebudgets. Stewart said Brooks has too many "extreme" stances for this tossup district. She points to his 1995 letter to Walt Disney World oppos- ing its extension of health benefits to gay workers, and Brooks' support for oil drill- ing beyond 50 miles off Florida's coast with "safe- guards." Stewart opposes drillingandhasbeen an avid One thing gay and Stewart can agree on: "The two couldn't be farther apart on the issues," said Frank Torres, a Republican political commentator. ddamron @tribune.com, 407-420-531I or livitter @dadamron the hospital. An Orange County deputy responded andbegan an investigation but hadn't completed itbecause authorities still hadn't interviewed Pierre, who took off before deputies arrived, said sheriff's Capt. Angelo Nieves. Because the report wasn't completed, it wasn't passed along to the State Attorney's Office. And Polynice, who had along vio- lent history, wasn't arrested. If he had been, Latham said, it's possible he would have been in jail Sept. 27, the day he killed two women, shot another and then killed himself. "She [Pierre] went to get an injunction... she was cooperative;" Latham said. "So what we can do on domestic - violence cases is if avictim thinks she's going to be killed, fil ti dke pth [clef d- ents] in jail until trial.." Nieves said deputies tried to interview Polynice later, but he never showed. "This is hindsight," Nieves said. "The case wasn't closed... it was sent to the do- mestic unit for follow -up when this tragedy occurred" Some law -enforcement agencies have made dramatic changes in how they handle domestic - violence cases so that prosecutors have abetter chance of success in court. Take the Apopka Police Department, for Chief example. Manley, who took overiest year, said officers tended to reat domestic- violence calls like refereesbreakingup a NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE [TANNING & ZONING BOARD/LOCAL PLANNING AGENCY.° CITY COMMISNION PROPOSE TO CONSIDER THE FOLLOWING: ORDINANCE 1,11.2012-1, AN ORDINANCE OF THE CITY COMMISSION 111; THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING 1-0 COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT 1-0 THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED ONE ID [MCEL OF LAND, CONTAINING SIDE OF STATE WAD 4.34 WEST 111; THE INTERSECTION OF DELEON STREET AND SLATE WAD 434, MORE [MTICULARLY DEPICTED IN EXHIBIT ATTACHED HERM, ERIN ''COMMERCIAL", ''CONSERVATION'ANI,CONSERVATIONOVERIA,1-11,11W DENSITY RESIDENTIAL', ''CONSERVATION" AND ''CONSERVATION OVERLAY"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS 111; THE PLANAMENDMENT. ORDINANCE NO.2012-211 AN ORDINANCE OF THE CITY COMMASNION111; THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, RAMA, CHANGING THE ZONING MAP DESIGNATION 111; THE REAL PRIIPERTY CONSTITUTING ONE PARCEL OF LAND TOIALINI: 8.29 ACRES, MORE OR LESS, AND GENERALLY LOCATEDON THE NORTH SIDE °ESTATE ROAD 434 WEST OF THE INTERSEITIN OF DELEON STREET AND STATE WAD 434 IN THE CITY111; WINTER SPRINGS, [TORII/A.A. DEPICTEDON EXHIBIT 'A' ATTACHED HERM, ERIN ,-11 NEIGHBORHOOD COMMERCIAL DISTRICV1-1,'R-IA ONE-FAMILY DWELLING DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE. LOCATION MAP PLANNING & ZONING BOARD / LOCAL PLANNING .AGENCY PUBLIC HEARING WILL BE HELD ON AT 5,1 PM. OR SOON THEREAFTER INTHE COMMKSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE WAD 434 WINTER SPRINGS, FLORIDA en COMMKSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, NOVEMBER 1,21112 AT .5:11.5 PM. OR SOON THEREAFTER INTHE COMMKSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE WAD 434 WINTER SPRINGS, FLORIDA CITY COMMKSION SEI7OND READING PUBLIC HEARING WILL BE HELD ON MONDAY, DECEMBER 111.2012 AT .5:11.5 PM. OR SOON THEREAFTER INTHE COMMKSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE WAD 434 WINTER SPRINGS, FLORIDA fight rather than detectives investigatinga potential crime. Not any longer. Manley sent his officers to domestic- violence training and ordered them to tour Harbor House, Orange County's domestic- violence shelter. Now when they show up at a scene, they document the injuries on a victim, but also broken glass or other evidence inside the home. They talk with neighbors and try to find other witnesses "In a nutshell, we changed the way we are doingbusiness," Manley said. The goal is to build a case that is strong enough to prosecute even if the victim won't testify, often the main obstacle to going after batterers in court. One of the most important changes Man- ley made at the urging of domestic- violence advocates: Officers no longer hand victims a form at the scene that asks them whether they wish to drop the charges before a pros- ecutor has a chance to evaluate the case. `People need to get prosecuted for do- mestic violence," he said. And there's something the rest of us can do, too: Watch out for your friends and neighbors. If you see or hear something speak up. If there's anything the past month has taught us, it's that domestic violence shouldn'tbe treated as a private family affair. bkassab @tribune.com or 4074205448 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NIDICEIS HEREBY GIN EN THAT THEPLANNING BIARD/1.0 PLANNING AGENCY AND urn' COMMISSION PROPOS., CONSIDER THE FOLLOWING: ORDINANCENO. 12,1 AN ORDINANCE OF THE CITY CONS ISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNT, FLORIDA, RELATING TO COMPREHENSIVE [TANNING: PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND -SE MAP BY DESIGNATING CERTAIN REAL ['WIPER,' WITHIN THE CITY OF WINTER SPRINGS GENERALLY DMCRIBED AS ONE ft, PA CEL OF LAND, CONTAINING MI ACRES, MORE OR LESS, AND 1.11 ATED GENERALLY NORTH OF STATE ROAD AN AND WEST OF DELEON STREET, MORE PARTICULARLY DEPICTED IN ouum ATTACHED HERETO, MINI 'TURA!. RESIDENTIAL' AND NSERViTION OVERLA, TO 'TOW DENSITY RESIDENTIAI, AND • CONSERVATION OVERLA, PROVIDING FOR THE REPEAL OF PRIOR NCONSISTENT ORDINANCES AND RESOLUTIONS: INCORPORATION INTO THE COMPREHENSIVE PLAN: SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. ORDINANCE MI. 012-22 AN ORDINANCE OF THE CITY COMM. ON OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGN.MON OFTHE REAL PROPERTYC INSTITUTING ONE ID PARCEL OF LAND TO,LING DA ACRES, MORI OR LEM, AND GENERALLY LOCATED NORTH OF STATE WIA1,134AND WEST OF DELEON STREET IN THE CITY OF WINTER SPRINGS, FLORID , AND DEPICTED ON EXHIBIT XELACHED HERETO, FROM ''R-C SINGLE-FAMILY DWELLING DISTRIC7 TO ''R-ILA ONEEAMILY DM LING DISTRICT,' PROVIDING sok THE REPEAL OF rums INCO SISTENT ORDINANCES AND RESOLUTIONS,SEVERABILITY,AND AN FFECTIVE DATE. PI LOCATION IV AP NING & ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON WEDNESDAY, NOVEMBER 7.2012 COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS Cln HALL EAST STATE ROAD.. WINTER SPRINGS, FLORIDA ORDINANCE 2012-21 CITY COMMNSION FIRST READINGITRANSMITTAL PUBLIC HEARING WILL BE HELD ON MONDAY, NOVEMBER EWE AT.5:15 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS Cln HALL EAST STATE ROAD.. WINTER SPRINGS, FLORIDA ORDINANCE 2012-22 CITY COMMNSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, NOVEMBER EWE AT.5:15 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS Cln HALL EAST STATE ROAD.. WINTER SPRINGS, FLORIDA ORDINANCE 2012-22 CITY Cl/MID:SION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, DECEMBER 111.2012 AT.5:15 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS Cln HALL EAST STATE ROAD.. WINTER SPRINGS, FLORIDA o A 11 Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 7, 2012 CALL TO ORDER The Regular Meeting of Tuesday, November 7, 2012 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, present Board Member Howard Casman, present Board Member Bart Phillips, present Board Member Suzanne Walker, present Assistant City Attorney Kate Latorre, present Assistant to the City Clerk Sean Beaudet, present A moment of silence for the U.S. Troops abroad was followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office of the City Clerk Requesting Approval Of The September 11, 2012 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Chairman Poe stated "Chair will entertain a Motion to approve the Minutes as circulated." "I MAKE A MOTION WE APPROVE THE MINUTES." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 2 OF 8 VOTE: CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used 400. REPORTS No Reports were given. PUBLIC INPUT Chairman Poe opened "Public Input ". No one spoke. Chairman Poe closed "Public Input ". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests that the Local Planning Agency hold a Public Hearing to consider an Expedited State Review, CPA - 2012- 02 -ESR (Ordinance 2012 -13), changing the Future Land Use Map designation from "Mixed Use" and "Conservation Overlay" to "GreeneWay Interchange District" and "Conservation Overlay" (on those affected areas) for the forty (40) acres, more or less, located on East State Road 434, immediately north of Creeks Run Way. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. Discussion. Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 3 OF 8 Chairman Poe opened "Public Input ". Individuals addressed the Board. "Public Input" was closed. Board Member Walker referenced the City Attorney Opinion and asked Assistant City Attorney Kate Latorre "When will the Opinion be finalized ?" Assistant City Attorney Latorre responded that the City Attorney had just met with the property owner recently and it may take a couple of weeks. Further comments. "MOTION ON THE FLOOR TO BRING IT BACK UNDER THE GID (GREENEWAY INTERCHANGE DISTRICT)." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: NAY BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division Requests the Planning and Zoning Board hold a Public Hearing to consider the Aesthetic Review for the Moss Park Commercial /Apartments, located on the north side of State Road 434, east of the intersection of Moss Road and State Road 434. The mixed use project consists of 15 apartment units and 6,000 square feet of retail /restaurant /office space. Mr. Woodruff presented the Agenda Item and gave a brief summary of the history of the proj ect. Discussion. Chairman Poe opened "Public Input ". Brief comments. Chairman Poe closed "Public Input ". Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 4 OF 8 "I RECOMMEND WE APPROVE ITEM `501' - RECOMMENDING THE PLANNING AND ZONING BOARD FORWARD RECOMMENDATIONS TO APPROVE TO THE CITY COMMISSION FOR THE AESTHETIC REVIEW PACKAGE OF MOSS PARK COMMERCIAL APARTMENTS." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department — Planning Division Requests the Planning and Zoning Board hold a Public Hearing to consider the Aesthetic Review for GrandVille at Town Center, a 244 unit, 4 -story apartment complex located adjacent to City Hall at the northwest corner of the intersection of Doran Drive and State Road 434. Mr. Bobby Howell, AICP, Planner, Community Development Department began the discussion on this Agenda Item. Discussion. Chairman Poe opened "Public Input ". No one spoke. Chairman Poe closed "Public Input ". "I MAKE A MOTION TO APPROVE THE RECOMMENDATION." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 5 OF 8 PUBLIC HEARINGS 503. Community Development Department — Planning Division Requests that the Local Planning Agency hold a Public Hearing to consider Ordinance 2012 -21, a Large -Scale Future Land Use Map Amendment, Expedited State Review (ESR 13 -1), which proposes to change the Future Land Use Map designation from "Rural Residential" and "Conservation Overlay" to "Low Density Residential" and "Conservation Overlay" for approximately 19.1 acres, located on the north side of State Road 434, west of the intersection of DeLeon Street and Cress Run. Mr. Howell mentioned that Agenda Items `503', `504', `505', `506' relate to the same project Discussion. Chairman Poe opened "Public Input ". Individuals addressed the Board. "Public Input" was closed. "I RECOMMEND APPROVAL OF THE STAFF RECOMMENDATION." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department — Planning Division Requests that the Planning and Zoning Board hold a Public Hearing to consider Ordinance 2012 -22, which proposes to rezone a 19.1 acre parcel located on the north side of State Road 434, west of the intersection of DeLeon Street and Cress Run from R -C1 (Single - family dwelling district) to R -1A (One - family dwelling district). Mr. Howell introduced this Agenda Item. "I WILL MAKE A MOTION THAT WE APPROVE ITEM NUMBER `504'." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 6 OF 8 VOTE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department — Planning Division Requests that the Local Planning Agency hold a Public Hearing to consider Ordinance 2012 -19, a Small -Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential", "Conservation" and "Conservation Overlay" for approximately 8.29 acres, located on the north side of State Road 434, approximately 582 feet west of the intersection of DeLeon Street and State Road 434. Mr. Howell introduced this Agenda Item. "I WOULD LIKE TO MAKE THE MOTION ON ITEM `505' FOR THE SMALL SCALE FUTURE LAND USE MAP AMENDMENT CHANGE..." MOTION BY BOARD MEMBER PHILLIPS. CHAIRMAN POE ASKED FLOR CLARIFICATTION, "...TO APPROVE ?" BOARD MEMBER PHILLIPS AGREED AND ADDED, "...TO APPROVE." SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Community Development Department — Planning Division Requests that the Planning and Zoning Board hold a Public Hearing to consider Ordinance 2012 -20, which proposes to rezone a 8.29 acre parcel located on the north side of State Road 434, approximately 582 feet west of the intersection of DeLeon Street and State Road 434 from C -1 (Neighborhood Commercial) to R -1A (One - family dwelling district). "I WILL RECOMMEND APPROVAL OF ITEM `506' AS PRESENTED BY STAFF." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 7 OF 8 VOTE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department — Planning Division Requests that the Planning and Zoning Board consider the Offices at Winding Hollow Lot Split, located on the southwest corner of State Road 434 and Winding Hollow Boulevard. Mr. Woodruff presented this Agenda Item. Discussion. "I MAKE A MOTION WE REJECT STAFF'S REQUEST." MOTION BY BOARD MEMBER CASMAN. MOTION DIED FOR LACK OF A SECOND. "I MAKE A RECOMMENDATION THAT WE ACCEPT STAFF'S PROPOSAL ON LOT SPLIT ON ITEM `600'." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: NAY BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. PUBLIC INPUT Chairman Poe opened "Public Input ". No one addressed the Board. Chairman Poe closed "Public Input ". Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — NOVEMBER 07, 2012 PAGE 8 OF 8 ADJOURNMENT Chairman Poe adjourned the Regular Meeting a 6:58 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO -L UACES, MMC, CITY CLERK AND SEAN BEAUDET ASSISTANT TO THE CITY CLERK APPROVED: WILLIAM H. POE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the , 2012 Planning And Zoning Board /Local Planning Agency Regular Meeting.