HomeMy WebLinkAbout2008 04 28 Public Hearing 501 Second Reading and Adopt Ordinance 2008-04 Rezoning 1379 State Road 434CITY COMMISSION
ITEM 501
Consent
Information
Public Hearin X
Re ular
Apri128, 2008
Meeting
~yy l
Mgr./Dept
REQUEST: The Community Development Department -Planning Division requests the City
Commission hold a Public Hearing for Second Reading and Adopt Ordinance 2008-04, which
rezones 6.25 acres (more or less), located at 1379 SR 434 (NE Corner of SR 434 & SR 417), from
"A-1" Agricultural (Seminole Co.) to "Greeneway Interchange District" (City of Winter Springs).
PURPOSE: To consider the request of Expressway Professional Plaza LLC c/o Montje Plank on
behalf of David & Betty Long for Rezoning of the recently annexed property at 1379 SR 434 (NE
Corner of SR 434 & SR 417).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning
ordinances).
Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter Springs Section 20-26. Intent and purpose.
Winter Springs Section 20-27. City commission authority.
Winter Springs Section 20-28. Due process; Special notice requirements.
Winter Springs Section 20-29. Applications.
Winter Springs Section 20-30. Staff review.
Winter Springs Section 20-31. Rezonings.
(The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102
were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire
chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which
was adopted on December 13, 2004.
(a) Any real property owner may file a rezoning application requesting a change in zoning
designation for their real property.
(b) The planning and zoning board shall be required to review all rezoning applications and make a
written recommendation to the city commission. Such recommendation shall include the reasons
for the board's recommendation and show the board has considered the applicable rezoning
criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendations, the city commission shall
Apri128, 2008
PUBLIC HEARING AGENDA ITEM 501
make a final decision on the application. If the city commission determines that the planning and
zoning board has not made a recommendation on an application within a reasonable period of
time, the city commission may, at its discretion, consider an application without the planning and
zoning board's recommendation.
(d) All rezoning applications shall be reviewed for compliance with the following standards:
(1) The proposed rezoning change is in compliance with all procedural requirements established
by the city code and law;
(2) The proposed rezoning change is consistent with the city's comprehensive plan including,
but not limited, to the Future Land Use Map and the proposed change would not have an adverse
effect on the comprehensive plan;
(3) The proposed rezoning change is consistent with any master plan applicable to the property;
(4) The proposed rezoning change is not contrary to the land use pattern established by the
city's comprehensive plan;
(5) The proposed rezoning change would not create a spot zone prohibited by law.
(6) The proposed rezoning change would not materially alter the population density pattern in a
manner that would overtax the load on public facilities and services such as schools, utilities,
streets, and other municipal services and infrastructure;
(7) The proposed rezoning would not result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding area and
the land use pattern established by the city's comprehensive plan.
(8) Changed or changing conditions make the proposed rezoning necessary.
(9) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
(10) Should the city be presented with competent substantial evidence indicating that
property values will be adversely affected by the proposed rezoning, the applicant must
demonstrate that the proposed rezoning change will not adversely affect property values in the
surrounding area;
(11) The proposed rezoning will not be a substantial detriment to the future improvement
of development of vacant adjacent property;
(12) The proposed rezoning will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare;
(13) The proposed rezoning change is not out of scale or incompatible with the needs of
the neighborhood or the city;
(14) The proposed rezoning does not violate any applicable land use regulations adopted
by the city;
Winter Springs Section 20-57. The planning and zoning board shall serve... to recommend to the
city commission the boundaries of the various original zoning districts... and any amendments
thereto... act on measures affecting the present and future movement of traffic, the segregation of
residential and business districts and the convenience and safety of persons and property in any way
dependent on city planning and zoning.
Euclid v Amber Realty Co 272 U.S. 365 (1926~upholdin~ the constitutionality of the principles
of zonin
Florida Municipal Home Rule Powers Act.
Apri128, 2008
PUBLIC HEARING AGENDA ITEM 501
CHRONOLOGY:
Feb. 13, 2008- Application received for Annexation and subsequent Future Land Use change and
Rezoning.
Mar. 10, 2008- Adoption of Ordinance 2008-02, annexing the property.
Mar. 19, 2008- P& Z Board (LPA) heard the request for the Future Land Use change and made
recommendation of adoption to the Commission.
April 14, 2008- 1st Reading of Ordinance 2008-04
April 17, 2008- Public Noticing in Orlando Sentinel (10 days prior to adoption)
Apri128, 2008- 2nd Reading /Adoption of Ordinance 2008-04
CONSIDERATIONS:
Applicant - Expressway Professional Plaza, LLC c/o Montje Plank, 500 N. Maitland Ave.,
Suite 110, Maitland, FL (407) 599-7009
Owner - David & Betty Long, 330 Golfview Ave., Oviedo, FL
(407) 402-1400 (c/o Robin Kesler)
Parcel Number - 04-21-31-300-002A-0000
Acreage -approx. 6.25 acres
General Location -Vacant property at 1379 SR 434 (NE Corner of SR 434 & SR 417)
Legal Description -SEC 04 TWP 21S RGE 31 E, W 1/2 OF SW 1/4 N OF SR 419 & E OF EXPRESSWAY
Chronology of Subject Property -The property was annexed into Winter Springs on March 10, 2008.
Existing Land Use -The property is currently vacant and vegetated. The County Future Land Use
designation is Commercial. Adjacent existing land uses, zoning and FLUM designations include the
following:
Subject Vacant Requesting Greeneway Requesting Greeneway Interchange
Site Interchange District District with Conservation Overlay
WS from A-1 SC WS from Commercial SC
North Vacant Conservation (WS) Conservation (WS)
South Vacant Greeneway Interchange Greeneway Interchange District (WS)
District WS
East Vacant A-1 (SC) Commercial (SC)
West Vacant Greeneway Interchange Greeneway Interchange District with
District WS Conservation Overla WS
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends -The down turn in the housing market has been reflected in increased interest in
commercial properties such as the subject property.
Proposed Future Land Use Classification -The proposed future land use map designation from
Seminole County "Commercial" to Winter Springs "Greeneway Interchange District" with
"Conservation Overlay" on those affected areas is appropriate and compatible with the general
character of the area. All other properties in Winter Springs in this area have a future land use of
"Greeneway Interchange District".
Apri128, 2008
PUBLIC HEARING AGENDA ITEM 501
Letters/Phone Calls In Favor Or Opposition -None.
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; 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;
(3) Consistent with any Master Plan for the property- The property is not part of a Master Plan;
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-1 Agricultural" to Winter Springs "Greeneway Interchange
District" is appropriate and compatible with the land use pattern established by the City's
comprehensive plan.
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, which is
prohibited by law. The adjoining property to the west and south (Winter Springs) is also designated
Greeneway Interchange District"
(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) At
such time as the site develops, the proposed development will be required to meet concurrency
standards, so that impact on public facilities and services is accommodated;
(7) Does Not Create Illo ig'cally 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. The "Greeneway Interchange District" is the most appropriate
designation for the area around the SR 417 interchange.
(9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning change will not
seriously reduce light or air to adjacent areas;
(10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been
determined by evaluating the prevailing character of the area around the subject property. The intent
in the zoning of the property is to apply a zoning classification for the subject property that is
consistent and compatible with the surrounding land uses;
(11) Not Detrimental to Future Improvement of 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 Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of
Apri128, 2008
PUBLIC HEARING AGENDA ITEM 501
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 CitYLand Use Regulations- The proposed Rezoning does not violate any
applicable land use regulations adopted by the city;
FINDINGS:
In analyzing the Rezoning request, it was determined that the fourteen (14) review standards
included in Section 20-31 were satisfied.
PLANNING & ZONING BOARD /LPA RECOMMENDATION:
At a special meeting of the Planning & Zoning Board/LPA on March 19, 2008, the Board/Agency
recommended unanimous approval of Ordinance 2008-04.
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a Public Hearing for Second Reading and Adopt
Ordinance 2008-04, changing the Zoning classification on the subject property located at 1379 SR
434 (NE Corner of SR 434 & SR 417), from "A-1" Agricultural (Seminole County) to "Greeneway
Interchange District" (City of Winter Springs).
ATTACHMENTS:
A- Excerpt from P&Z/LPA Minutes of March 19, 2008
B- Noticing in Orlando Sentinel
C- Current Zoning Map, March 2008
D- Ordinance 2008-04 including Map & Legal Description
CITY COMMISSION ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
MARCH 19, 2008
(RESCHEDULED FROM MARCH 5, 2008)
CALL TO ORDER
The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday,
March 19, 2008 (Rescheduled from March 5, 2008) was called to Order at 7:00 p.m. by
Chairman Robert L. Heatwole in the Commission Chambers of the Municipal Building
(City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Robert L. Heatwole, present
Vice Chairman Charles Lacey, present
Board Member Rosanne Karr, absent
Board Member William H. Poe, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of The January 3, 2008 (Rescheduled from January 2, 2008) Regular
Meetins? Minutes.
"I RECOMMEND APPROVAL OF THE MINUTES -JANUARY 3, 2008, AS
THEY WERE CIRCULATED." MOTION BY BOARD MEMBER POE.
SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION.
VOTE:
VICE CHAIRMAN LACEY: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -MARCH 19, 2008
(RESCHEDULED FROM MARCH 5, 2008)
PAGE 4 OF 7
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2008-04 Which Rezones 6.25 Acres (More Or Less), Located At 1379 SR
[State Road] 434 (NE [North East] Corner Of SR [State Road] 434 And SR [State
Road] 417), From "A-1" Agricultural (Seminole County.) To "GreeneWay
Interchange District" (City Of Winter Springs).
Ms. Sahlstrom introduced this Agenda Item and stated, "Staff reviewed these fourteen
(14) standards and they are included in your Agenda Item and does make
recommendation of Approval for the change of Rezoning to GreeneWay Interchange
District."
Ms. Sahlstrom reviewed the Criteria with the Board Members.
Chairman Heatwole opened the "Public Input" portion of this Agenda Item.
Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design
Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: addressed the
Board Members and confers with Staff's Recommendations.
Chairman Heatwole closed the "Public Input "portion of this Agenda Item.
"I MOVE THAT THE PLANNING AND ZONING BOARD/[LOCAL PLANNING
AGENCY] RECOMMEND SUBJECT TO ADOPTION OF FUTURE LAND USE
MAP AMENDMENT BY THE CITY COMMISSION, REZONING OF THE
SUBJECT PROPERTY IN [AGENDA] ITEM NUMBER `501' TO `GREENEWAY
INTERCHANGE DISTRICT'." MOTION BY BOARD MEMBER POE.
SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION.
VOTE:
VICE CHAIRMAN LACEY: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department -Planning Division
Requests The Planning And Zoning Board Consider A Text Amendment To The
Code Of Ordinances That Would Allow Detached Garages, Subject To Conditions.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and displayed various photographs of detached garages.
ATTACHMENT B
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!ahnny Fa ~~RIOy, AND ZONING MAP
Alay and-J~tmrty .CITY OF WINTER SPRINGS
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OPOSES TO ADOPT:
INTER SPRING
pvr ORDINANCE 2008-D3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ed 6i- WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE
;,gore: LAND USE MAP AMENDMENT BY CHANGING THE FUT[JRE LAND
USE MAP DESIGNATION OF TILE REAL PROPERTY CONSTITUTING
n ONE (1) PARCEL TOTALING 6.25 ACRES MORE OR LESS AND
LOCATED AT 1379 STATE ROAD 434 IN WINTETt SPRINGS, FLORIDA,
~~ AND MORE PARTICULARLY DEPICTED AND LEC3ALL,Y DESCRIBED
'a ON EXHIBIT "A" ATTACHED HERE'T'O, FROM SIDGIINOLE COUNTY
"COMMERCIAL" TO CITY OF WINTER SPRINGS' "GREENEWAY
~: ~ ~ INTERCHANGE DISTRICT' WITH "CONSERVATION- OVERLAY" ON
THOSE AFFECTED AREAS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
~- INCORPORATION INTO THE COMPREHENSIVE PLAN, ANT) AN
'EFFECTIVE DATE.
1:
1
I
1
,~
ORDINANCE 200&04
AN ORDINANCE OF THE CITY COMMISSION OF THE Cl~'Y OF
WINTER SPRINGS, FLORIDA, CHANGING .THE ZONING MAP
DESIGNATION OF THE REAL PROPERTY CONSTITUTING Off, (1),
PARCEL TDI'ALING 6,25 ACRES MORE OR LESS AND LOCATED AT
1379 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND~.MORE
PARTICULARLY DEPICTED AND 1.1;4qq~~I~'#C DDS ON .
"A" ATTACHED HERETO; PROM"' $El: , C
"AGRICULTURE-1" TO CITY OF WIN'T'ER SPRII~ICTS`"G WA .
INTERCHANGE DISTRICT"; PROVIDING-FOR THE' R13PEAL OF PRIOR{
INCONSI$TF,Iy~; ORDINANCES AND RESOLUTIONS; S);VERABILTPY,s.
AND•AN EFFECTIVE DATE. t;;;
MAP'A'
r~
re for.Det
05131/08
1
PUBLIC HEARINGS
FOR SECOND RIsADING dt ADOPTION ,
W1L1a BE IIf l' A ON
MONDAY, APRIL 2g, 2006 AT Sr)j~~l.
OR SOON TIiE1tEAF1'Eit IN THE Cp1VIl~ILY$Ii;) .'CHAMBERS .
LOCATED AT THE WINTER STRINGrS HALL'
1126 EAST.STATE ROAD 434' '
VYIIVTER SPRINGS, FLORIRA}; ~ ..
The proposed ordinances-may he obtained by interested pies between 8 a.m.
and 5 p.m:, Monday through Friday, at the City's Clerk's a, located at 1126
E. SR 434, Winter Springs, Florida, For oars igfonziatibn, cell (407) 327-180Q
#227. Persons with disabilities needing assistance to•(~rei~pate in any of these
proceedings should contact the Employoe Reladone,Dipartment Coordinator,
48 hours in advance of the mating at (407) 327-180q~ X36. These afe public
hearings. Interested parties aro advised that they may appear at We meeting and
be heard with respect to ttte proposed ordinances. If you decide to appeal. nay
rewmmendadon or decision made by the City Commission with respect to any
matter considered at this meeting, you will need a record oS+the proceedings, and'
for such purposes; you may need to sonars that a~verbatim record of the
proceedings is made upon which the appeal is based. ;
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ATTACHMENT C
CURRENT ZONING MAP
ATTACHMENT D
ORDINANCE N0.2008-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 6.25 ACRES
MORE OR LESS AND LOCATED AT 1379 STATE ROAD 434
IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "AGRICULTURE-1" TO CITY OF WINTER
SPRINGS "GREENEWAY INTERCHANGE 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 March 19, 2008 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.
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
City of Winter Springs
Ordinance No. 2008-04
Page 1 of 2
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "Agriculture-1" to City of Winter Springs
"Greeneway Interchange 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 2008-03 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2008-03 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 , 2008.
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:
City of Winter Springs
Ordinance No. 2008-04
Page 2 of 2
EXHIBIT A
Ordinance 2008-04
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Metes and Bounds Description:
A PART OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
SEMINOLE COUNTY, FLORIDA, LYING NORTH OF S.R. 434 AND EAST OF S.R. 417 (GREENEWAY
RIGHT OF WAY) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION;
THENCE RUN NORTH 89°51'53" EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 4 A DISTANCE OF 759.31 FEET FOR A POINT OF BEGINNING; SAID POINT BEING A
POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 7743.44 FEET AND A CHORD
BEARING OF SOUTH 23°04'20" EAST; THENCE DEPARTING SAID NORTH LINE RUN SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°32'22" A DISTANCE OF
72.91 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 22°48'09" EAST A DISTANCE OF
135.42 FEET; THENCE RUN SOUTH 25°05'35" EAST A DISTANCE OF 265.58 FEET; THENCE RUN
SOUTH 27°26'39" EAST A DISTANCE OF 66.14 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 151.50 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°19'04"
A DISTANCE OF 148.90 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 83°45'43"
EAST A DISTANCE OF 261.55 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN NORTH 00°34'27" WEST ALONG SAID
EAST LINE A DISTANCE OF 601.76 FEET TO A POINT ON AFORESAID NORTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN SOUTH 89°51'53" WEST ALONG SAID NORTH
LINE A DISTANCE OF 596.12 FEET TO THE POINT OF BEGINNING.
CONTAINING 272,427 SQUARE FEET, OR 6.254 ACRES, MORE OR LESS
ORDINANCE N0.2008-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 6.25 ACRES
MORE OR LESS AND LOCATED AT 1379 STATE ROAD 434
IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "AGRICULTURE-1" TO CITY OF WINTER
SPRINGS "GREENEWAY INTERCHANGE 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 March 19, 2008 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.
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
City of Winter Springs
Ordinance No. 2008-04
Page 1 of 2
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "Agriculture-1" to City of Winter Springs
"Greeneway Interchange 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 2008-03 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2008-03 does not become effective,
then this Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, F'lorida, in a regular
meeting assembled on this 28th day o� April �r � `�� �,
� � t - f
� - �
Joh . Bush, Mayox .� ; �
� � , - -�,
ATTE T: � � � -� �
: -�
ndrea o- uaces, City Clerk
Approved to legal form and sufficiency for
the City ter Springs only:
Anthony A. Garganese, City Attorney
First Reading: April 14, 2008
Second Reading: April 28, 2008
Effective Date: See Sec tion S.
City of Winter Springs
Ordinance No. 2008-04
Page 2 of 2
EXHIBIT A
Ordinance 2008-04
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Metes and Bounds Description:
A PART OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
SEMINOLE COUNTY, FLORIDA, LYING NORTH OF S.R. 434 AND EAST OF S.R. 417 (GREENEWAY
RIGHT OF WAY) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION;
THENCE RUN NORTH 89°51'53" EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 4 A DISTANCE OF 759.31 FEET FOR A POINT OF BEGINNING; SAID POINT BEING A
POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 7743.44 FEET AND A CHORD
BEARING OF SOUTH 23°04'20" EAST; THENCE DEPARTING SAID NORTH LINE RUN SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°32'22" A DISTANCE OF
72.91 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 22°48'09" EAST A DISTANCE OF
135.42 FEET; THENCE RUN SOUTH 25°05'35" EAST A DISTANCE OF 265.58 FEET; THENCE RUN
SOUTH 27°26'39" EAST A DISTANCE OF 66.14 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 151.50 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°19'04"
A DISTANCE OF 148.90 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 83°45'43"
EAST A DISTANCE OF 261.55 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN NORTH 00°34'27" WEST ALONG SAID
EAST LINE A DISTANCE OF 601.76 FEET TO A POINT ON AFORESAID NORTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN SOUTH 89°51'53" WEST ALONG SAID NORTH
LINE A DISTANCE OF 596.12 FEET TO THE POINT OF BEGINNING.
CONTAINING 272,427 SQUARE FEET, OR 6.254 ACRES, MORE OR LESS