- July 22, 2022
The city of Winter Garden discussed the first reading of a series of ordinances regarding the annexation, land use designation and rezoning of a property at the commission meeting Thursday, Oct. 27.
The ordinances pertain to 0.78 acres located at 958 Tildenville School Road, west of Tildenville School Road, east of Lake Brim Drive, south of Civitas Way and north of Brick Road.
The applicant has requested to annex into the city, to amend the Future Land-Use Map of the city’s comprehensive plan to designate the property as Low-Density Residential and to rezone the property to Residential District.
Although the property is currently vacant, it was at one time occupied by a single-family home that was demolished in 2020.
Community Development Director Steve Pash said the property was purchased by a new owner who applied to Orange County to rezone the property to build two new homes.
“We were contacted by Orange County and informed the county as well as the owner that they needed to annex into our city since they needed city sewer and water, and without annexing they wouldn’t have that,” Pash said.
The property in Oakland Park currently is a single lot and is 162 feet wide and 190 feet deep. R1 zoning requires 85 feet wide by 100 feet deep.
“Part of their application after the annexation is approved (is) that they will ask for a variance to … the lot width to go down to approximately 82, 81,” Pash said. “That would allow two lots that are 81 feet deep. … They will also be requesting a variance to the side setbacks, as well as the front setback.”
Although Mayor John Rees originally inquired about past flooding on the land, Pash said there have been no issues with spillage in the past three years.
Commissioner Ron Mueller voiced concerns with the property.
“I’ll be OK moving forward with this tonight … but I am not in favor of them splitting the lot,” Mueller said. “If that is a precondition at the time we hit the second reading, then I’m going to have to revisit moving forward with that. I have some concerns about the variance. I have concerns just about the overall usage of that.”
Pash said the lot-splitting agreement would not happen until after the land was annexed and that the owner could still go back to the county.
The first reading was passed unanimously.
Commissioners also approved unanimously the second reading of a proposal to amend portions of the Code of Ordinances concerning utilities and the city’s water and wastewater systems.
The request is to amend portions of Article II and Article IV of Chapter 78 creating provisions concerning water and sanitary sewer systems, industrial waste, and connections and services to industrial uses.
The amendment clarifies the city will no longer provide new water and wastewater connections and services to industrially zoned properties located outside of the city limits. It also will not allow an increase in the volume or capacity of water or wastewater services for existing connections for such properties.
Assistant City Attorney Dan Langley, who helped draft the ordinance, said the city has engaged with an environmental attorney the city approached to discuss how to deal with microplastics that may affect the wastewater treatment plan and system.
Langley said the environmental attorney came back with language the city could add to the industrial retreatment remedying requirements.
“It would require any industrial user that is in that business to provide scientific data to ensure that whatever they flush down the wastewater system will not create a problem for the wastewater treatment facility,” he said. “Part of the highlights were also clarifying that we do, in fact, require an industrial waste treatment permit for certain types of users, specifically any industrial zone use, we require a special permit. There has been some misunderstanding about that … not by the city or staff but by others.”
The ordinance also puts an internal policy into the code that the city manager adopted that deals with the timing of permits for industrial users, which Langley said already has been in practice.