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HomeMy WebLinkAbout2003 03 10 Public Hearings A First Reading - Ordinance 2003-03 Zoning Map Designation Change ~ COMMISSION AGENDA March 10. 2003 Meeting Consent Information Public Hearine: X Ree:ular ITEM A MGR. V /Dept. /~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading of Ordinance 2003- 03 to Rezone a 12,574 square foot tract, located on the northwest corner of Highway 434 and Wade Street, from (City) R-l "One-Family Dwelling" to C-l "Neighborhood Commercial". PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading of Ordinance 2003-03 to change the Zoning Map designation (City) R-l "One-Family Dwelling" to C-l "Neighborhood Commercial". APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57 ofthe City Code states "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." Chapter 166, Florida Statutes, contains the requirements for the adoption of ordinances. Section 166.041, F.S., states that a proposed ordinance shall be noticed once in a newspaper of general circulation in the municipality at least 10 days prior to adoption and that the notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. CHRONOLOGY: January 14,2003- Rezoning Application received by the City. February 5, 2003- Planning & Zoning Board (LP A) heard the request and recommended Approval. ID\ ~ March 10, 2003 PUBLIC HEARING AGENDA ITEM A CONSIDERATIONS: The site is located on the northwest comer ofS.R. 434 and Wade Street and has been in Commercial use since 1986. Adjacent existing land uses, zoning and FLUM designations include the following: I Existing.Land Uses Zon ing FLUM I Subject Site Commercial R-l (WS) Commercial (WS) North Residential Medium R-l (WS) Residential Medium (WS) -------.-.--- ----.--- --------------------- South Commercial C-l (WS) Commercial (WS) ._--- --------- -------- East Vacant C-2 (WS) Commercial (WS) - West Commercial C-l (WS) Commercial (WS) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo The subject site is already developed. The purpose of the rezoning is to make the zoning ofthe property consistent with the adopted Future Land Use Map and its current Commercial use. The proposed C-1 zoning will be consistent with the general character of the S.R. 434 area. No phone calls have been received either in favor or opposition as of February _,2003. Justification For Rezoning: S.R. 434 has developed predominantly as a Commercial area and the City's Future Land Use map shows the properties along this section of the road as Commercial also. The Zoning of the parcel, currently R-1 (One-Family Dwelling) needs to be changed to C-1 (Neighborhood Commercial) to achieve consistency with the Future Land Use Map designation. Public Facilities: The subject site is already developed. No changes are being proposed to the existing development. Therefore, the proposed rezoning will have no impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses: No changes are being proposed to the existing development. Therefore, the proposed rezoning designation will be more consistent with the surrounding areas than the current designation. Natural Lands Compatibility: Not applicable. Consistency With The Comprehensive Plan: The proposed rezoning will make the Zoning of the property consistent with the City's Future Land Use Map, and is consistent with the goals, objectives and policies of the City's Comprehensive Plan. March 10, 2003 PUBLIC HEARING AGENDA ITEM A FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The request is in conformance 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 request would 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. PLANNING & ZONING BOARD (LP A) RECOMMENDATION: At its regularly scheduled meeting of February 5, 2003, the City of Winter Springs Planning & Zoning Board (LP A) heard the request for Rezoning of the Mackerly property located at 680 E. S.R. 434 from R-l "One- Family Dwelling" to C-l "Neighborhood Commercial", and voted unanimously to recommend it to the City Commission for Public Hearing and Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for first reading of Ordinance 2003-03 to change the Zoning Classification on the subject property at 680 East S.R. 434, from R-l "One-Family Dwelling" to C-l "Neighborhood Commercial". The Rezoning should incorporate the City Staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the Rezoning. IMPLEMENTATION SCHEDULE: February 5, 2003- Planning & Zoning Board (LP A) heard the request and recommended Approval March 10, 2003- 1 st Reading of Ordinance 2003-03 March 16, 2003- Public Noticing for 2nd Reading and Adoption in Orlando Sentinel March 24, 2003- 2nd Reading and Adoption of Ordinance 2003-03 ATTACHMENTS: A. Rezoning Application & Survey B. Planning & Zoning Board Minutes from February 5, 2003 C. Ordinance 2003-03 including Map & Legal Description COMMISSION ACTION: ., . ATTACHMENT"A'" \ ~ - ~ . ,.. . ~r1 Rezomnl! ApphcatIlm & SUrver ""..")..;t .." 0400.:;ulD/ CITY OF WINTER SPRINGS, FLORIDA , ~.. " .' . 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 APPLICATION FOR REZONING APPLICANT: ~ es.., \\~.~~\\ 1 Last \ ~'^~~\~u First: \ . .t\X\V\ Middle \ ADDRESS: .lo ~D ~ ~~. "'-\ ~'-\.. . .~\V\-\:f'"R ~~ \ V\~" ~\ Clty . . - state PHONE: \~_\)\\ 6d..~. ~ \d. \ 2u\DJ? zip Code If applicant does not own the property I 'provide the following: ~ OWNER: Last ~ First Middle ADDRESS: . city state Zip Code PHONE: Th . t f ~~Of'. d'. t' f is is a reques or c .0 z;gn~ng eSlgna lon rom ~(j1 \\i ~":. " R-l . ~ to, ~ 'C_ _' Ci' -1. '. - - _ on the property described' below . \""" -o,?'i'-\'tIl,. . . .)Y" ~~::~19- Future Land Use Map (l}~~8JtiQ" . . ~ ClJm/Tler~ Tax Parcel Number: 34?0" 3Q' 5'051' 0200JJllQ size of Parcel: 12,57_4 .. .~. sq. ft /~ '\ Address of Property propose9 for change of zoning Designation: ADDRESS: 680: East State' Road 434 llJ'inter Springs, :Florida city state 32708 Zip Code ,\ \ '---... v~..rI1 ~.;Z~l) BDC). ,... ...4 , " f Reason(s) and justification(s) zoning designation. for request of change to present 1) Property has been Cominercial llSP. c;lnrp' 1 qRfi 2) Proposed' zoning iscompatilble witFi fonE' City of Winter Springs future' land use plan. 3) Ajacent 'Property on !-lighway 434 is '.zonedC-I TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION: * A copy of the most l;:'ecent survey of the subject property. * . A copy of ~he legal description. ~ Notarized authorization of the owner (if applicant ~s other than owner or attorney for owner). * * Rezoning Application Fee, which includes: * $ 300 plus $ 25 per acre or portion of acre to be rezoned, plus * Actual cost of public hearing notice printed in newspaper, plus * $ .1.00 for each notification letter to abutting property ~wner~ **************************************************************** FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY This is _to certify than I am the owner in fee simple of subject lands described above in the Application for Rezoning. ~, ~<.6n-L .~ 11. M."""",,,"," 7ATURE OiQOWNER ... ~ ' · ": "'Com,,"."DD""" ... ~Of ",I, Expires April 02,2005 ~~II//IJ~'& . 2? Comm~ss~on exp~res: '4Ju-L 2 ,07~ / Sworn to and subscribed before me this J!L day of :so. (\\ La V'U .;},.9 ~. "\ .J< Personally Known ==produced Identif ica tion / type of 1.0. ( . . ~ Did take an oath ----Did not take an oath -, .' :,".,-:. ./~ ... PLAT OF SURVEY . . ~O~ 39D/ Legal Descrlpllon: Lol II : 8l OGk '2.. ~EfJU~'-~/ NO.'N..,v ~~'-4;v/)O ro WAJ$J~ AJr# 4./)/). As recorded In Plal Book '1y p'age S" 't:' ~ . Publl~ Records ~r 5&u...vO~CoGnIY, FI,orlda i :, .:d: 5vJ<v~v Or . ~ 80 I I . . I' , . i . Lo/V6/.A.JooJ)-O V'.I~.I)O -epAI) .. .' j /.-.v~ C 6./\/ .7-~~ ~-f 4.,. -'s;- 'f.~<.. ...'\.- , .. ,N. 3 ~ ~3~ c.._ .' . '. - -,0'2.2.. ~ , : ~ , . t7"V €M-!.C;2..# N,4,1.. 1='b. ...-' I -2I!LLL ~ 1 /^" looIA (,1... 0 . -''\l) , ~ , . :/J; ,'~ ('Af 32.'2..(:... j:own .' . ~ .:~. Z CU\/ <:;..)' <:: - / . ~. .-v! . !.~ N LoTl2.. ,1'./ .~ ... "" :.~. ~ 'h.' }',eD^" "', . ,cDiJA/!) .....~~;. ; ,;~,~;. . ,~Oj 'j: .. ~ 1I:z. , t.0'>/. .' . Fo,,ii.Jf) . // <oS' > // / ../. , A~' :25: ;?/~ . /(-1" ~ ;11/ 50 J,I (1.1 .\ I'< ,,( -'..v,~~ . \!" L'" . ..c <>u '" I) -J .. " ~ . (VR'i'oE DAT4 '-<'0 / n "'VG ""::. 2.5". 0 ......0 ..lu . " . L~. 3/. IF. . o 00 ... ~->-... :.1 , /" T-:. /<1.0 ~ , f~OI'> (,....'2.,'P.7 ~ ~..10 -1"'0 "';.!:J 3 N :::,. < )lv,,-, . No~CH -',.". $:"'<../ J:""tNv/J ,,~o I I I .1 . DOJ>lAt..l>.A. (.,R~elV~ ( .' j:'I?AII/C.IA/~ 11. 6~~.6""i:. .4:/../h .:S ov T./.y6./2A/ 7'"/ .r~-{ I hereby.cerllfy lhallhe survey represenled hereon meels or ex. ~w/) Ae, ST'~4c.r::./N'<'. ceeds.the minimum slandards esiabllshed pursuanlto secllon Certified 10 vb JA<Q\JE.twl! 8, 472.027, FlorIda Statutes. ' . Scale i"~ 30 R.(!)t4Pf'/)~r Dale CDhJ~3 . Type or Survey Ho^,r6,i1(S.~ o Denoles Cone Moum o Denotes I.P. Fd.. ' . oenole~LP,":,s~~2~?t:'2:':,I' TOMMIE LOGAN"" ... . -~--.. .'--, 629E~' CHURCH Soj,.. : ORLANDO FLA.32801 407-649-3113 , . ;, ~ . I, ': March 10, 2003 PUBLIC HEARING AGENDA ITEM A ATTACHMENT "B" Planninf! & Zoninf! Board Minutes from Februarv 5~ 2003 CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 5, 2003 I. CALL TO ORDER The Planning And Zoning BoardlLocal Planning Agency Regular Meeting was called to order Wednesday, February 5,2003, at 7:00 p.m. by Chairman Bill Fernandez in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Bill Fernandez, present Vice Chairman Tom Brown, present Board Member Rosanne Karr, arrived at 7:01 p.m. Board Member Joanne Krebs, present Board Member William Poe, present The Pledge of Allegiance followed. Board Member Rosanne Karr arrived at 7:01 p.m. Chairman Fernandez asked newest Board Member William Poe to introduce himself. IL CONSENT CONSENT A. Approval Of The August 7, 2002 Regular Meeting Minutes. CONSENT ' B. Approval Of The October 22, 2002 Special Meeting Minutes. CONSENT C. Approval Of The November 20, 2002 Special Meeting Minutes. March 10, 2003 PUBLIC HEARING AGENDA ITEM A Chairman Fernandez asked for a Motion to approve the Consent Agenda. "MOVE TO ACCEPT THE MINUTES." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER KREBS. DISCUSSION, WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. IlL REGULAR REGULAR A. Election Of Officers. Chairman Fernandez entertained "Nominations for the position of Chairman of the Winter Springs Planning and Zoning Board." "I WOULD LIKE TO NOMINATE TOM BROWN FOR CHAIRMAN." MOTION BY BOARD MEMBER KREBS. CHAIRMAN FERNANDEZ ASKED, "MR. BROWN, IS THA T ACCEPTABLE TO YOU?" BOARD MEMBER BROWN REPLIED, "YES." CHAIRMAN FERNANDEZ ASKED, "ARE THERE ANY FURTHER NOMINATIONS FOR CHAIR? HEARING NONE WE WILL CLOSE THAT. WE HAVE HAD ONE NOMINATION - WE CAN ACCEPT A MOTION TO CAST A UNANIMOUS BALLOT IN FAVOR OFMR. BROWN FOR THE CHAIR OF THE WINTER SPRINGS PLANNING AND ZONING BOARD FOR THE YEAR 2003. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE." WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED, MOTION CARRIED. Chairman Fernandez entertained nominations for Vice Chairman of Winter Springs Planning and Zoning Board. "I NOMINATE JOANNE KREBS AS VICE CHAIRWOMAN." MOTION BY BOARD MEMBER KARR, CHAIRMAN FERNANDEZ ASKED, "MS. KREBS, IS THAT ACCEPTABLE TO YOU?" BOARD MEMBER KREBS REPLIED, "YES." CHAIRMAN FERNANDEZ ASKED IF THERE WERE ANY OTHER NOMINATIONS AND SAID, "HEARING NONE WE WILL CLOSE THE NOMINATIONS." "I'LL SECOND THAT." SECONDED BY VICE CHAIRMAN BROWN. THEN CHAIRMAN, FERNANDEZ STATED, "SECONDED BY MR. BROWN - AND WE WILL TAKE A UNANIMOUS BALLOT IN FAVOR OF JOANNE KREBS FOR VICE CHAIR OF WINTER SPRINGS P&Z/LP A [PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY]. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE." WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. March 10, 2003 PUBLIC HEARlNG AGENDA ITEM A MOTION CARRIED. REGULAR B. Shirley Mackerly Rezoning. Chairman Fernandez requested that Staff address in their presentation "The ownership interest that is disclosed in the application and materials." Mr. John Baker, AICP, Senior Planner, Community Development Department, explained that the land had been recently sold with a misunderstanding of the Zoning classification. Mr. Baker further said "It is shown as Commercial, it has been used as Commercial, and the Future Land Use Map is a dominant feature. So the current R-l Zoning is actually inconsistent with the Comprehensive Plan. We will be bringing it into compliance with the Comprehensive Plan with this Rezoning." Chairman Fernandez asked ifthe Future Land Use Map (FLUM) was available to Board Members on CD ROM. Mr. Baker replied, "I will find out." Discussion. "I MAKE A MOTION THAT THE PLANNING AND ZONING BOARD RECOMMEND APPROVAL OF THE REQUEST TO CHANGE THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT 680 EAST STATE ROAD 434 FROM R-l (MINIMUM 6600 SQUARE FOOT LOT) TO C-l (GENERAL RETAIL) BASED ON THE FINDINGS IN OUR AGENDA PACKET." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: BOARDMEMBERPOE: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. REGULAR C. School Interlocal Agreement. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, CommunityDevelopment Department introduced the Agenda Item and informed the Board that the City Attorney has reviewed the document; and explained the process for adoption by the City and the State of Florida. Brief discussion. March 10, 2003 PUBLIC HEARING AGENDA ITEM A Board Member Poe asked ifthe Seminole County School Board and County Commission are in support of the Agreement. Ms. Sahlstrom answered, "Yes, it has been ajoint effort." "THAT BEING IN MIND, WITH ALL OF THE CITIES PARTICIPATING, THE SCHOOL BOARD BEING IN FAVOR OF IT, THE ATTORNEYS REVIEWING IT, I WOULD RECOMMEND, SIR, THAT WE RECOMMEND IT TO THE CITY COMMISSION." MOTION BY BOARD MEMBER POE. BOARD MEMBER BROWN REQUESTED THAT A REPRESENTATIVE FROM THE SEMINOLE COUNTY SCHOOL BOARD BE PRESENT AT THE CITY COMMISSION MEETING WHEN THE INTERLOCAL AGREEMENT IS CONSIDERED FOR ADOPTION. MS, SAHLSTROM SAID, "I WILL BE HAPPY TO PASS THAT REQUEST ON." Board Member Krebs stated, "Point of Order" referring to the Motion on the Table. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. REGULAR D. Comprehensive Plan Update. Ms~ Sahlstrom updated the Board on the finalization of the Comprehensive Plan and distributed a listing of the "Comprehensive Plan Special Studies". The next topic discussed was traffic update studies. Chairman Fernandez asked ifthe Board is still responsible for recommending the updated City Map and, "I would appreciate you [Ms. Sahlstrom] - if that is your job, check it out to see whether or not P&Z [Planning And Zoning Board] is still responsible for that." Referring to the "Financial implications and recommend to the City ways of raising the money to accomplish those tasks" in Section 20-59., Chairman Fernandez asked whether the City Commission has or will be readdressing this issue and said, "I want to send a message to the City Commission that if they don't change that Ordinance I'm going to move to Table every matter addressing Zoning or other matters until we havy the budget people in here and they can give us the information. Because ifthat' s what the Ordinance requires us to do - the City Manager has told us - if Staff doesn't present us with that information that we need to make a decision and recommendation that we are to Table it and send it back March 10, 2003 PUBLIC HEARING AGENDA ITEM A to Staff until we get it. Now, obviously we've never done that in the ten (10) years or so that I've been up here. But - it's on the books, and if they say on the books they want us to do it then I want to do my job and I want Staff to do its job and get me the budget infonnation. So I'd really rather have that one changed." Ms. Sahlstrom agreed to "Check on it." Board Member Brown asked Ms. Sahlstrom, "Could you put that under your Findings when you make a report to us?" Ms. Sahlstrom replied, "Yes." Board Member Poe left the dais at 7 :43 p.m. IV. FUTURE AGENDA ITEMS . Future Land Use Map. . Section 20.59. . By-Laws. Tape 1/Side B Board Member Poe returned to the dais at 7:46p.m. Board Member Brown requested that Mr. Baker present an update at the March 5, 2003 Regular Meeting regarding the retail development beside Stone Gable; to have Land Design Innovations Incorporated "Fill us in on a general overview" of the Comprehensive Plan; for Land Design Innovations Incorporated to make "A partial piece of the presentation that they" made to the City Commission on February 3,2003; and suggested joint Workshops with the City Commission on issues that pertain to the Planning and Zoning BoardlLocal Planning Agency. Brief discussion. Ms. Sahlstrom said, "We will keep you infonned." . Topic Index Board Member Brown requested a presentation by Ms. Sahlstrom, at her convenience "As to the status on the EAR's and your Agenda plan for where you want us to go on the EAR's within the next year or years." Brief discussion ensued regarding the Board's By-laws and length oftenns. Deputy City Clerk Debbie Gillespie agreed to review the Member's tenns of office. v. REPORTS Board Member Rosanne Karr asked who to report vandalism in the parks to and suggested signage for cleaning up after dogs. Mr. Baker suggested contacting Chuck Pula, Parks and Recreation Department March 10, 2003 PUBLIC HEARING AGENDA ITEM A Director. Chairman Fernandez requested information regarding the quarterly "Pipeline Reports." Brief discussion. VI. ADJOURNMENT With consensus of the Board, Chairman Fernandez adjourned the Meeting at 8:11 p.m. RESPECTFULLY SUBMITTED BY DEBBIE GILLESPIE, DEPUTY CITY CLERK AND MIGHELE KELLY ASSISTANT TO THE CITY CLERK APPROVED: BILL FERNANDEZ, CHAIRMAN PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY Advisory Boards and Committees\Planning and Zoning Board. Local Planning Agency\a1ll\MINUTES\020503 REGULAR.doc NOTE: These Minutes were approved at the , 2003 Planning And Zoning Board!Local Planning Agency Meeting. March 10, 2003 PUBLIC HEARING AGENDA ITEM A ATTACHMENT "C" Ordinance 2003-03 illlcludine: Map & Lee:al Description ft. ORDINANCE NO. 2003-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED AT 680 EAST STATE ROAD 434 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF WINTER SPRINGS R-l "ONE- FAMILY DWELLING" TO CITY OF WINTER SPRINGS C-l "NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. . WHEREAS, on February 5,2003, the Planning and Zoning Board recommended approval of this rezoning based on the testimony and information presented before the Board; 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 ofthe public health, safety, and welfare ofthe citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS AS FOLLOWS: Section 1. Zoning Designation Amended. The zoning designation of the real property legally described and depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference, is hereby amended from City of Winter Springs R-l One-Family Dwelling to City of Winter Springs C-l Neighborhood Commercial. Upon the effective date ofthis Ordinance, City Staffis hereby instructed to amend the Official Zoning Map of the City of Winter Springs to fully reflect this amendment. Section 2. 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 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision ofthis March 10, 2003 PUBLIC HEARING AGENDA ITEM A 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 4. Effective Date. This ordinance shall become effective immediately upon adoption by the City Commission and as provided by the City Charter. ADOPTED by the City Commission ofthe City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2003. 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: EXHIBIT "A" MAP \ 551\. ./__--- \~3~41 1 --'\ __// \, \ ,--"-""- \ ~ \ ",\'/ 14 15 '\. \ 13 16 \ ,...oj 12 17 \. .,-"_...-~ JJ . LEGAL DESCRIPTION Lot 11, Block 2 Replat of North Orlando Townsite 4th Addition as Recorded in Plat Book i 4, Page 5 & 6 City of Winter Springs Ordinance No, 2003-03 Page 3 of 3