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Home My WebLink About2004 03 08 Public Hearings 404 COMMISSION AGENDA March 8,2004 Meeting Consent Information Public Hearin2: X Reeular ITEM 404 Mgr.1'--' / Deot. Iff Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for 2nd Reading! Adoption of Ordinance 2004-0S which changes the Zoning Map from Seminole County "A-I" to City of Winter Springs "R-Cl" for the Renshaw property located at northeast Bird Rd & Tusca Trail. PURPOSE: This is an Administrative Request to designate an appropriate and compatible City of Winter Spring's Zoning Classification for a parcel which was previously annexed into the City from Seminole County, but subsequent action was never taken to Rezone the affected parcel from Seminole County Zoning to City of Winter Springs' Zoning. The City is initiating the change as the applicant. The property owner has been notified by certified mail so she is aware of the process and so that her input can be heard. 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 Sprin2:s Section 20-57. Winter Sprin2:s Section 20-102 (d) Rezonine application~ procedures~ standards of review. (The following fourteen (14) standards were recently added to the Code when Sections 20-101 and 20-102 were amended on January 26,2004. These provide detailed standards for reviewing a rezoning application.) Any party may request consideration for rezoning by submitting a completed Rezoning Application to the Community Development Department- Planning Division along with the items required to be supplied at the time of application, including payment of any associated fees as established by resolution or ordinance of the city commission. After the application is submitted, the planning and zoning board shall review the application at its next regularly scheduled meeting and shall forward @) March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 its recommendations to the city commission. Subsequent to receiving the recommendations of the planning and zoning board, the city commission shall determine whether it will approve, approve, with conditions, or deny the rezoning application. All rezoning applications shall be reviewed for compliance with the fi)llowing 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; Euclid v. Amber Rea/tv Co. .272 U.S. 365 (1926) (upholdin2: the constitutionality of the principles of zonin2:). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Oct. 25, 1999- Annexation by Ordinance 745, Petition filed by Rita Renshaw Jan. 09,2004- Property Owner Notified of Administrative Action Jan. 15,2004- Property posted with signage Noticing Upcoming Meetings Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing Jan. 27, 2004- Adjacent property owners within 150' Notified by Certified Mail Feb. 04,2004- P& Z Board heard the request and recommended Approval to the Commission Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 Feb. 23, 2004- 1st Reading of Ordinance 2004-08 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - Rita Renshaw Parcel Number - 11-21-30-300-0020-0000 Acreage - approx. 8.5 acres General Location - The site is undeveloped and is located on the east side of Bird Road at Tusca Trail. Legal Description - SEC 11 TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC W 1452 FT N 1401.63 FT N 84 DEG 26 MIN 51 SEC W 15.06 FT TO POB RUN N 84 DEG 26 MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513,.03 FT SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43 SEC E 215.76 FT ELY ON CURVE 156.57 FT S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG Chronology of Subiect Property - The subject property was annexed into the City on October 25, 1999, by Ordinance 745. Existing Land Use - The property is currently an undeveloped vacant parcel. Its County Zoning classification is A-I Agricultural. Adjacent existing land uses, zoning and FLUM designations include the following: ExiJting Land Uses Zoning FLUM I I Subject Site Vacant, Undeveloped A-I (SC) LDR- Low Density Single ---_._._-_.~. __.____M.______._"''''__________.''''.'''..___ ._._._.____.H___~__.______H.__H__H.H.____...._._.__...__ J:.?~y._~~~~~_~~!~?.L.LS..f2..__. North Single Family Residential R-CI (WS) Rural Residnetial (WS) --.-------- ---.--....-.--".""------..,----......----- __H........."......_H._~__H._'_....___..._H.__H.__".'_..,., _L~~~..l._QY:t\)_..____._......_...._._ South Single Family Residential R-lAAAA & RC-I (SC) LDR- Low Density Single ._..__.___..____.....______....___.......__....__.___.H..__... ......___.__.__".......,.___''',_....____.''_''.H___.....__._.__'''''M'' __.~?.!E.!!Y.~~~~~~.!.l_!~~.L{~~t_..._ East Single Family Residential A-I (SC) LDR- Low Density Single ----..-----.........-.",.."'....,.---..... .....--...-..."'-----.."'...-...----...............-..."....--.....--. _:f~~}y. Res~<!~E..ti?.L(~,gl_ West Single Family Residential R-lAA (SC) LDR- Low Density Single --- Family Residential (SC) (WS) Winter Springs; (SC) Seminole County Development Trends - The subject site is vacant. No development is being proposed at this time. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from adjacent residents after the sign was posted and several neighbors spoke at the Public Hearing before the P&Z/Local Planning Agency. These neighbors indicated concerns that relate to the future development of the site (retaining tree buffers, access off of Tusca Trail); however, the concerns expressed did not have anything to do with the Future Land Use change. Although the property owner initially opposed the land use change (because of concerns related to increased taxes), the property owner has since indicated that these concerns have been alleviated and she no longer opposes the action. March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 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; The property owner and adjacent land owners have been appropriately noticed as required, and any 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. These parcels have an underlying Future Land Use Map designation of "Rural Residential" as adopted under Ordinance 2004-07. The proposed Rezoning is consistent with the City's Future Land Use Map, and is consistent with the goals, objectives and policies of the City's 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-l Agricultural" to Winter Springs "R-C1" is appropriate and compatible with the land use pattern established by the city's comprehensive plan; The 8.5 acre parcel is located immediately south of Dunmar Estates, which is also zoned R -C 1. (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation of this parcel as anything other than "R-Cl" could be considered "spot zoning" which is prohibited by law. (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); (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 Annexation ofthe property into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter Springs' Zoning Designation. Winter Springs does not have an "Agricultural" Zoning. The "R-Cl" designation is the closest designation that the City has to the County's "A-I" Zoning and is also the zoning immediately to the north of the subject property. (9) No Serious Reduction in Light or Air to Adiacent 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 Adiacent Vacant Property- N/A; Most of the surrounding area is developed. 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 March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 uses. (12) Does Not Constitutes 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: In analyzing the Rezoning request, it was determined that the (new) fourteen (14) review standards included in Section 20-102 were satisfied. P&Z/LOCAL PLANNING AGENCY RECOMMENDATION: At its regularly scheduled meeting of February 4,2004, the City of Winter Springs Planning & Zoning Board (LP A) heard the request to change the Zoning classification of the Renshaw parcel at Bird Road and Tusca Trail from "A-I" (Seminole County) to "R-Cl" (City of Winter Springs) and voted unanimously to recommend Approval to the City Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 2nd Reading of Ordinance 2004-08, which changes the Zoning classification on the subject property at Bird Road and Tusca Trail, from "A-I" (Seminole County) to "R-Cl" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 26, 2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-08 ATTACHMENTS: A. Planning & Zoning Board Minutes from Feb. 4, 2004 B. Ordinance 2004-08 including Map & Legal Description COMMISSION ACTION: March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT A Excerpts from Planning & Zoning Board Draft Minutes of February 4,2004 CnY OF WrNTn 8fR.1NOS DRAfT UNMJolWV8D MnrorES ~ Pl.J\NN~C; ANI> 1..oN1NG/l..OCAt ~.~G .tO~CV ~'-^R MElil1NO.- nBJlVlJt.y4. 2004 , ";'OE"OH I'D ruBLIC ~R.J.:'~~ \.~ D. 'Comrnunlty llevelopment Deputlnent - Planalng DJvtsIO.D " Requuu The Planning AJld ZoaingBoard Ilolcl A,hblle Hearln.t<R~~.ed To .Ordin ance 2004"(~8'~b.itb'lt~e.8;$,Acll': (M9re:QrL$), Located At Bird Road Nul TuscawDla TrB4Ti ~romuA~l" (~e.l~ioJf::-<;'o'nity): To "1R-Cl" (City Of Win fer ~'~!1Dp), ' , . .... .... ... d .. . ~; Sah1.strot:o stated, "Staff h.aa determined that the fourteen (t4) review &WJdards hava .\l~ sBtistltd and rerommends that rh~ Planning RI1d Zoning Board hold a Public ff(~ relating to Ordinance 2004-08 which c;~ tl1e ZOning cltwificalion on th6 R~sh.a.w property at Bird Road and TuaC4wiUa Trnil, from · A-I' S~miuolo County to tR_ C] · City of Wi,nter Springs'" Mr. Steve Rike. J <1 J 6 fuca Trail, W'mter Spri"g~. Flcri.dJJ: reqw.,"Sk.d e.xplanation on wm' there arc two (2) Agenda Items for thib iMue. Ms. SahlstrQffi briefly explaiooo the two (2) separate procc:ssos related to AnneX!l1ion from Seminole County. Discussion. ~.-mCOMMEND TnAT THE PLANNING AND ZONING BOARD, AS A RES:ULT OF TR1S PUBLIC HEA.lU'NG. RELATJ::O TO ORDINANCE 2004-08, WDlCU CHANGES TlIE ZONING CLASSIFIC.~ TION ON THE. StJ.BJECT PROPERTY AT BfRl) ROAD AND TUSCA 'f)RAJL,. FROM~J\~_l ~ S'~~OLE COUNTY TO "~t-Cl" CITY OF WINTER SPRll"iGS. lRECOMm:ND THAT -WJ; APlrROVE TInS AND MOVE IT ALONG." MOT10N BY BOARD :MEM1JER:~\lQL SECONDED BY BOARD l\fEMBER POI. DISCUSSION. . . . ;r~ VSiJeA '~9~r VOTE; . . BQARD .Mt.~UU:R KARR: AYE BOARDMJz~i9ER POE~ AYE .f.lq4RlJ~~~ER VOSKA: AYE yrC.1; ClJ.~lJU>>,ERSON KREBS: AYE ~~fOTlON.CARRIED. - March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B ORDINANCE 2004-08 AN ORIlINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, .FLORIDA, CHA NG.ING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY I.OCATE)) AT THE NORTHEAST CORNER OF THE .INTERSECTION OF TUSCA TRAIL AND .FlSHE,R ROAD (alklaBffiD ROAD) IN \VINTERSPRINGS, FLORIDA, LlijGALLY DESCRIBED ON EXHIBIT :ON' ATTACHED HERETO AND FUJ...LY INCORPORATED HEREIN BY THIS RKFERENCE-, FROM SK!\fI.NOLE COUNTY :'A.l AGRICULTURAU' TO CITY OF WINTER SPRINGS HR-Cl"; PROVUlu'lGFOR THf~ REPEAL OFPRI ORIN CONSISTENT ORDINANCI~S AN)) RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Planning andZoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their Pebl'llary 4, 2004 l11eetillg~ and \VI-IEREAS, the. City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoni ng change set forth hereunder and considered findings and advice of staff, citizens, and aU interested parties submitting written and oral comments and supporting c1ata and analysis, and after complete deliberation, hereby tinds the requested change consistent with the City of Winter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence SU])jJOrts the zoning change set. fOl1h hereunder; and \VHEREAS, the, City Commission here.by finds that this Ordinance. serves a legitimate govemment purpose and is in the best i uterests of the public health, safety 1 and welfare of the citizens of Winter SpJlllgs. Florida. City of Winter Springs Ordinance No. 2004--08 Page 1 of 3 March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF '\lINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: S(~ction 1., R(~d tals. The foregoing recitals are rrue and con'ect and are fully incorporated herein by this reference. Sc.'Ction 2. ZOllillgMap AnWlldmcnt. That the Official Zoning Map of the City of Winter Springs as descJibed in City of W inter Springs Code Section 20-102 is hereby amended to include a change of classification from Se.minole County "A-l Agricultural" to City of \\linter Springs "R-Cl" for the property legally desc.ribed on Exhibit ;'Ar which is attached and incorporated herenn by this reJerence. City Staff is hereby directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance. S(~CtiOll 3. Repeal of Prior Inconsistent Ordinances and R(~solutions. All plioI' inconsistent ordinances and resolutions adopted by the Ci ty Camilli ssion, or parts of ordinances and resolutions in contlict 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, whethedor substantive, procedural, or any other reason, such pOltion 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 D~lte, This ordinance shall become effecti ve immediately upon the effective date of Ordinance 2004-07 as adopted by the City Commission of the City of Winter Splings, Florida, and pursuant to the City Charter. If Ordinance 2004-07 does not become effective, then this Ordinance shall become null and void. Ciiy of Winter Springs Ordinance No. 2004-08 Page 2 of 3 March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B ADOPTED by the. City Commission of the. City of Winte.r SpJings, Florida, in a re.gular meeting assembled on the day of ,2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo.Luaccs~ City Clerk Approved as to legal fonn and sufficiency for the City of Winter Springs only: Anthony A. GaJ'l~anese, City Attorne)' First Reading: Second Reading: Effective Date.: G:\Il<xa'Cily of Wlnlll Sl'ling~Oldinaoo?,'~Ing2004-08.wpd7 City ofWintu Springs Ordinan~'e No. 2004-08 Page. 3 of :3 March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B ORDINANCE NO. 2004-08 EXHIBIT "A" LOCATION MAP SUBJECT SITE LEGAL DESCRIPTION Commence at the Southeast Corner of Section 11, Township 21 South, Range 30 East, Seminole County, Florida, and run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; thence run N. OOdeg 14min 58sec E. 1401.63 feet; thence run N. 84deg 26min 51sec W., 15.06 feet to the Point of Beginning; thence continue N. 84deg 26min 51sec W. 489.52 feet to the easterly line of Fisher Road; thence S. 05deg 28min 34sec W. along said easterly line, 513.03 feet to a point on the arc of a curve concave to the west; thence southerly along said curve having a radius of 436.36 feet, a delta of 19deg 30min OOsec, an arc distance of 148.51 feet to a point of reverse curvature of a curve concave to the east; thence southerly along said curve, having a radius of 436.36 feet, a delta ofOldeg 37min 26sec, an arc distance of 12.37 feet to the northerly line of a 30 foot easement (Tusca Trail); thence S. 66deg 37min 43sec E. along said line, 215.76 feet to a point of curvature of March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B ORDINANCE NO. 2004-08 EXHIBIT "A" a curve concave to the north; thence easterly along said curve having a radius of803.74 feet, a delta of Ildeg 09min 42sec, an arc distance of 162.42 feet; thence S 77deg 47min 24sec E., 210.31 feet; to a point of curvature of a curve concave to the northwest; thence northerly along said curve having a radius of20.00 feet, a delta of 101deg 57min 28sec, an arc distance of35.59 feet; thence N OOdeg 14min 58sec E., 775.59 feet to the Point of Beginning. TOGETHER WITH EASEMENT RIGHTS TO: TRACT "A" Commence at the S.E. corner of Section 11, Township 21 South, Range 30 East, Seminole County, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; Thence run N. OOdeg 14min 59sec E. parallel with the East line of the aforementioned Section 11,568.916 feet to the S.W. corner of the "Richards" tract as described in O.R.B. 1231 at Page 601 of the Public Records of Seminole County Florida; Thence continue N. OOdeg 14min 58sec E. parallel with the East line ofthe aforementioned Section 11, along the West line of the "Richards" tract, 30.665 feet to the S.E. corner and the Point of Beginning of the tract about to be described, said point being the N.E., corner of New Tusca Trail; Thence run N. 77deg 47rnin 24sec W. along the Northerly line of New Tusca Trail, 40.014 feet; Thence run Easterly and Northerly along a curve concave Northwesterly, having for its elements a radius of20.00 feet, a central angle of 101deg 57min 28sec and a chord bearing ofN. 51deg 13min 47sec E. for an arc distance of35.591 feet; Thence run N. OOdeg 14min 58sec E., parallel with the East line of the aforementioned Section 11, 775.588 feet to the intersection with the Southerly line of the D.R. Mitchell survey of Levy Grant as recorded in Plat Book 1 at Page 5, Public Records of Seminole County, Florida; Thence run S. 84deg 26min 51 sec E. along said Southerly line of the Levy Grant, 15.064 feet to the N.E. corner of the "Grindle" tract as recorded in O.R.B. 1976 at Page 904 ofthe Public Records of Seminole County, Florida; Thence run S OOdeg 14min 58sec W., parallel with the East line of the aforementioned Section 11, along the East line of said "Grindle" tract 802.055 feet to the Point of Beginning. Said parcel situated, lying and being in Seminole County, Florida. March 8, 2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B ORDINANCE NO. 2004-08 EXHIBIT" A" TRACT "B" NEW TUSCA TRAIL Commence at the S.B. corner of Section 11, Township 21 south, Range 30 East, Seminole county, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; Thence run NOOdeg 14min 58sec E., 568.916 feet to the S.W. corner of the "Richards" tract as described in O.R.B. 1231 at Page 601 of the Public Records of Seminole County, Florida, said point being the S.E. corner and the Point of Beginning of the tract about to be described; Thence N. 77deg 47min 24sec W. along the Westerly projection of the Southerly line of the aforementioned "Richard" tract, 256.673 feet to the P.C. of a curve concave Northerly; Thence run Westerly along said curve having for its elements a radius of 833.740 feet and a central angle of Ildeg 09min 41sec for an arc distance of 162.415 feet; Thence run N.66deg 37min 43sec W. 214.718 feet to a point on the Easterly right-of-way line of Fisher Road; Thence run Northwesterly right-of-way line, along a curve concave Easterly, having for its elements a radius of 436.36 feet, a central angle of 03deg 56min 32sec and a chord bearing of N. 21deg 22min 52sec E., for an arc distance of30.024 feet; Thence run S. 66deg 37min 43sec E., 215.761 feet to the P.C. of a curve concave Northerly; Thence run Easterly along said curve, having for its elements a radius of 803.74 feet and a central angle of I1deg 09min 41sec for an arc distance of 156.571 feet; Thence run S. 77deg 47min 24sec E., 250.319 feet to a point on the West line of the aforementioned "Richards" tract; Thence run S. OOdeg 14min. 58sec W. along said West line ofthe "Richards" tract, 30.665 feet to the Point of Beginning. Said lands situate, lying and being in Seminole County, Florida. ORDINANCE 2004-08 AN OR][)INANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THl!: INTERSECTION OF TUSCA TRAIL AND FISHER ROAD (a/k/a BIRD ROAD) IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "A-l AGRICUL TURAL" TO CITY OF WINTER SPRINGS "R-C1"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their February 4, 2004 meeting; and WHEREAS, the City Commission ofthe 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. City of Winter Springs Ordinance No. 2004-08 Page I of 3 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 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 "A-1 Agricultural" to City of Winter Springs "R-Cl" 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 2004-07 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-07 does not become effective, then this Ordinance shall become null and void. City of Winter Springs Ordinance No. 2004-08 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of ,2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G:\Docs\City of Winter Springs\Ordinallces\Zoning2004-08. wpd7 City of Winter Springs Ordinance No. 2004-08 Page 3 of 3 ORDINANCE NO. 2004-08 EXHIBIT" A" LOCATION MAP SUBJECT SITE II US A TRL ~ LEGAL DESCRIPTION SEC 11 TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC W 1452 FT N 1401.63 FT N 84 DEG 26 MIN 51 SEC W 15.06 FT TO POB RUN N 84 DEG 26 MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513.03 FT SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43 SEC E 215.76 FT ELY ON CURVE 156.57 FT S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG