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Home My WebLink AboutOrdinance 2020-05 Rezoning R-1A to C-1 ORDINANCE NO.2020-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 0.81 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM "ONE FAMILY DWELLING DISTRICT" (R-1A) TO It NEIGHBORHOOD COMMERCIAL DISTRICT" (C-1); 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 VI1I, 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 has recommended approval of this Ordinance at their ` ,y ! , '( ,l k) in 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 zoning change herein is subject to the conditions provided for and agreed to in the Development Agreement between the property owner and the City; 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.2020-05 Page 1 of 4 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 for the property legally described and depicted on Exhibit "A" from "One Family Dwelling District" (R-1A) to "Neighborhood Commercial" (C-1), subject to the conditions provided for and agreed to in the Development Agreement between the property owner and the City. Exhibit"A"is attached hereto and fully incorporated herein by this reference. Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission,the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County, Florida. This Ordinance shall run with the land. Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2020- as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2020- 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 ti°.! day of ��°m�� :ro. �� ...� 2020. / Char*,Lacey, 4i or 6,_ ATTEST: ?•' t�O' �,�® City of Winter Springs Ordinance No.2020-05 Page 2 of 4 OJ G a Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only; Anthony A. Garganese, City Attorney Legal Ad: 0 /24/2020 First Reading:09/14/2020 Second Reading: 09/28/2020 City of Winter Springs Ordinance No.2020-05 Page 3 of 4 EXHIBIT A Legal Description and Depiction of Property COMMENCE AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN N 89 DEGREES 41 MINUTES 15 SECONDS E, ALONG THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 3, 20.00 FEET; THENCE RUN S 00 DEGREES 21 MINUTES 21 SECONDS E, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BEACON STREET AND THE NORTHERLY EXTENSION THEREOF; 316.87 FEET TO THE POINT OF BEGINNING; THENCE RUN S 72 DEGREES 55 MINUTES 05 SECONDS E, 59.18 FEET; THENCE RUN N 87 DEGREES 16 MINUTES 54 SECONDS E, 66.11 FEET; THENCE RUN S 00 DEGREES 34 MINUTES 02 SECONDS E, 286.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 434; THENCE RUN S 00 DEGREES 33 MINUTES 43 SECONDS E, ALONG SAID RIGHT-OF-WAY, 35.00 FEET; THENCE RUN S 89 DEGREES 26 MINUTES 17 SECONDS W, ALONG SAID RIGHT-OF-WAY, 123.70 FEET TO THE EASTERLY RIGHT-OF-WAY OF BEACON STREET; THENCE RUN N 00 DEGREES 21 MINUTES 21 SECONDS W, ALONG SAID EASTERLY RIGHT-OFWAY, 336.45 FEET TO THE POINT OF BEGINNING. Parcel ID: 25-20-31-5BA-0000-019A rior � ,/ ( ltl�y :` �J�J �'/��l /�Y�,� r �� '" ✓ �//lf r �l r�, // %� �7,,, � r'U rr�� )✓� '�/ „1/ r�p r ,� �� i/ /�d�1�r�� wr � ��. ,,I ,,. to � V Y� %� r , Ipl �� III' ,,,�i'iui,N( I ij i :/i � J/J ✓ ��/ i rr��'r //,,/ � r r' �lIIr i d 4 r r j II U/r r r r / // '`/ / I � /r ��✓ %' � � 1, r ir/ Y, % / a r / / � ,� ✓//rep /� // r?, � r � II Iuuu I VI 7 ,Iu 11 t V � ,�N;ri Il%%� //i, � '�,' �/%J//I ir�� %)/lr ,./'i✓ "r: ,�' '",J �illli"' y�r 1,0 ;r,, r:; 1 if /, ,/ f1/lc ry Irrr r< y�"✓/;: � I�I rfnj, j�nl lJ� r��'/r✓ ) /%'r"I r / /�r,ia,lop, evo :rr City of Winter Springs Ordinance No.2020-05 Page 4 of 4