HomeMy WebLinkAboutOrdinance 162 Rezoning
ORDINANCE NO. 162
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA
REZONING CERTAIN LANDS THEREIN AS HEREIN DEFINED FROM PUD TO C-l;
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the following described properties are located
within the City of Winter Springs, Florida and are currently in
a zoning classification of PUD:
Tract No.1
Beginning at the intersection of the North
right-of-way line of North Third Street and the West
right-of-way line of Edgemon Avenue, Subdivision of North
Orlando, Plat Book 12, pages 10 and 11, of the public
records of Seminole County, Florida; run thence N320o2'
45" E. along the prolongation of said West right-of-
way line of Edgemon Avenue a distance of 181.20 feet to
the point of a curvature of a curve concave Southeasterly,
having a radius of 533.0 feet and a central angle of 160
29'38"; run thence Northeasterly along said curve a dis-
tance of 153.44 feet to the point of beginning; thence N
35014'10" W. 210.18 feet; thence N54o45'50" E. 210 feet;
thence S35ol4'10" E. 207.05 feet; thence S54o45'50" W.
152.21 feet to a point of curvature of a curve with a
radius of 533.0 feet and a central angle of 06013'27";
run thence Southwesterly along said curve a distance of
57.90 feet to the point of beginning. Containing 1.00
acres, more or less, subject to restrictions of record.
Tract No.2
Beginning at the intersection of the North
right-of-way line of North Third Street and the West right
of-way line of Edgemon Avenue, Subdivision of North Orlando ,
Plat Book 12, pages 10 and 11, of the Public Records of
Seminole County, Florida; run thence N.32o02'45"E. along
the prolongation of said West right-of-way line of Edgemon
Avenue a distance of 181.20 feet to the point of curvature
of a curve concave Southeasterly, having a radius of 533.0
feet and a central angle of l6o29'3"S; run thence North-
easterly along said curve a distance of 153.44 feet; thence
N350l4'10" W. 210.18 feet to the point of beginning; con-
tinue thence N.350l4'10" W. 119.96 feet to the point of
curvature of a curve concave Northeasterly with a radius
of 1715.0 feet and a central angle of 02055'57"; run thence
along said curve Northwesterly a distance of 87.78 feet;
thence N54o45'50" E. 207.76 feet; thence S35ol4'10" E.
207.70 feet; thence S54045'50" W. 210.00 feet to the point
of beginning. Containing 1.00 acres, more or less, subject
to restrictions of record.
WHEREAS, the City Council of Winter Springs, Florida, deem
it to be in the best public interest of the citizens of Winter
Springs, Florida, and in order to promote the general welfare of
the citizens of Winter Springs, Florida, to rezone the above par-
cel of real property to the zoning classification of C-l, and
NOW THEREFORE, be it ordained by the City of Winter Springs,
Florida,
1. That the City Council, in order to promote the general
welfare of the citizens of Winter Springs, Florida and to establish
the highest and best use of real property within the City of Win-
ter Springs, Florida, does hereby rezone the following described
parcel of real property which is located within Winter Springs,
Florida, from its present zoning classification PUD to a zoning
classification of C-l:
Tract No. 1
Beginning at the intersection of the North
right-of-way line of North Third Street and the West
right-of-way line of Edgemon Avenue, Subdivision of
North Orlando, Plat Book 12, pages 10 and 11, of the publi
records of Seminole County, Florida; run thence N32o02'45"
E. along the prolongation of said West right-of-way line
of Edgemon Avenue a distance of 181.20 feet to the point
of a curvature of a curve concave Southeasterly, having a
radius of 533.0 feet and a central angle of 16o29'38"; run
thence Northeasterly along said curve a distance of 153.44
feet to the point of beginning; thence N35ol4'10" W.2l0.l8
feet; thence N54o45'50" E. 210 feet; thence S35ol4'10" E.
207.05 feet; thence S54o45'50" W. 152.21 feet to a point
of curvature of a curve with a radius of 533.0 feet and a
central angle of 06o13'27"; run thence Southwesterly along
said curve a distance of 57.90 feet to the point of begin-
ning. Containing 1.00 acres, more or less, subject to
restrictions of record.
Tract No. 2
Beginning at the intersection of the North right-
of-way line of North Third Street and the West right-of-
way line of Edgemon Avenue, Subdivision of North Orlando,
Plat Book 12, pages 10 and 11, of the Public Records of
Seminole County, Florida; run thence N.32o02'45" E. along
the prolongation of said West right-of-way line of Edgemon
Avenue a distance of 181.20 feet to the point of curvature
of a curve concave Southeasterly, having a radius of 533.0
feet and a central angle of l6o29'3"S; run thence North-
easterly along said curve a distance of 153.44 feet; thence
N35ol4'10" W. 210.18 feet to the point of beginning; con-
tinue thence N35ol4'10" W. 119.96 feet to the point of
curvature of a curve concave Northeasterly with a radius
of 1715.0 feet and a central angle of 02o55'57"; run thenc
along said curve Northwesterly a distance of 87.78 feet;
thence N54o45'50" E. 207.76 feet; thence S350l4'10" E.
207.70 feet; thence S54o45'50" W. 210.00 feet to the point
of beginning. Containing 1.00 acres, more or less, sub-
ject to restrictions of record.
2. That after the passage of this Ordinance, the Zoning
Administration is directed to officially change the zoning map
of the City indicating thereon the Ordinance number and date of
final passage, rezoning the above-described real property.
3. Conflicts.
This Ordinance shall not be construed to have the effect
of repealing any existing Ordinance concerning the subject matter
of this Ordinance, but the regulations established herein shall
be supplemental and cumulative; however, in the case of a direct
conflict with a provision or provisions of any existing Ordinance
the provision which is more restrictive and imposes higher stand-
ards or requirements shall govern.
4. Severability.
If any section, part of a section, paragraph, sentence,
-2-
clause, phrase, or word of the Ordinance is, for any reason,
held or declared to be unconstitutional, inoperative, or void,
such holding of invalidity shall not affect the remaining portions
of this Ordinance and it shall be construed to have been the legis -
lative intent to pass this Ordinance without such unconstitutional ,
invalid or inoperative part therein, and the remainder of this
Ordinance, after the exclusion of such part or parts, shall be
deemed to be held valid as if this Ordinance, or any provisions
thereof, shall be held inapplicable to any person, group of per-
sons, property, kind of property, circumstances, or set of circum-
stances, such holding shall not affect the application hereof to
any other person, property or circumstances.
5. Effective Date.
This Ordinance shall take effect immediately upon passage
and adoption.
PASSED AND ADOPTED this 14 day of Nov., 1977.,
FIRST READING: October 24, 1977
SECOND READING: Nov. 14, 1977
CITY OF WINTER SPRINGS, FLORIDA
Troy J. Piland
Mayor
ATTEST:
Mary T. Norton
City Clerk
-3-
CITY OF WINTER SPRINGS, FLORIDA
NOTICE OF PUBLIC HEARING
* * * * * * * * * * * * * * * * * * * * * * *
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the City Council of the City of
Winter Springs, Florida, that said City Council will hold a public
hearing at 7:30 P.M., on Monday, October 24, 1977 to consider an
application for Change of Zoning from PUD to C-l of a two-acre
tract adjacent to Sunshine Park on N. Edgemon Avenue, and being
more particularly described as follows:
Tract No.1
Beginning at the intersection of the North
right-of-way line of North Third Street and the West
right-of-way line of Edgemon Avenue, Subdivision of North
Orlando, Plat Book 12, pages 10 and 11, of the Public
Records of Seminole County, Florida; run thence N.320
02'45" E. along the prolongation of said West right-of-
way line of Edgemon Avenue a distance of 181.20 feet to
the point of a curvature of a curve concave Southeasterly,
having a radius of 533.0 feet and a central angle of
16o29'38"; run thence Northeasterly along said curve a
distance of 153.44 feet to the point of beginning;
thence N 35o14'10" W. 210.18 feet; thence N54o45'50" E.
210 feet: thence S350l4'10"E. 207.05 feet; thence S54o45'
50"W.152.2l feet to a point of curvature of a curve with
a radius of 533.0 feet and a central angle of 06o13'27";
run thence Southwesterly along said curve a distance of
57.90 feet to the point of beginning. Containing 1.00
acres, more or less, subject to restrictions of record.
Tract No. 2
Beginning at the intersection of the North right
of-way line of North Third Street and the West right-of-way
line of Edgemon Avenue, Subdivision of North Orlando, Plat
Book 12, Pages 10 and 11, of the Public Records of Seminole
County, Florida; run 'thence N.32o02'45"E. along the prolon-
g~tion of said West right-of-way ~ine of Edgemon Avenue a
dlstance of 181.20 feet to the pOlnt of curvature of a cur-
concave Southeasterly, having a radius of 533.0 feet and a
central angle of l6o29'3'S; run thence Northeasterly along
said curve a distance of 153.44 feet; thence N35ol4'10"W.
210.18 feet to the point of beginning; continue thence N.
35014'10" W. 119.96 feet to the point of curvature of a curve
concave Northeasterly with a radius of 1715.0 feet and a
central angle of 02o,55'57"; run thence along said curve
Northwesterly a distance of 87.78 feet; thence N54o45'50"E.
207.76 feet: thence S35ol4'lO"E. 207.70 feet; thence S540
45'50"W. 210.00 feet to the point of beginning. Contain-
ing 1.00 acres, more or less, subject to restrictions of
record.
The Public Hearing will be held in the City Hall, City of
Winter Springs, Florida, at which time interested parties for and
against the request stated above will be heard.
DATED: September 30, 1977.
Mary Norton, City Clerk
City of Winter Springs, Florida
NEWMAN D, BROCK
GARY E. MASSEY
FRANKLIN T, WALDEN
JOHN V BAUM
O. H EATON, JR.
BROCK, MASSEY, WALDEN, BAUM & EATON
ATTORNEYS AND COUNSELLORS AT LAW
WINTER PARK FEDERAL BUILDING
355 EAST SEMORAN BOULBVARD
ALTAMONTE SPRINGS, FLORIDA 32701
September 30, 1977
TELEPHONE
l30rlo\ 834"8111
The Sentinel Star
Legal Advertising Department
Legal Review Section
Orlando, Florida 32802
and
The Sanford Herald
Sanford, Florida 32771
In Re: Notice of Public Hearing
City of Winter Springs, Florida
Gentlemen:
I am enclosing herewith for publication in the Legal
Review Section of the Sentinel Star and the Evening Herald,
a Notice of Public Hearing, to be run on saturday, October 8,
1977. Please use no slugs.
Please forward your invoice to Ms. Mary Norton, City
Clerk, l02 N. Moss Road, Winter Springs, Florida 32707 and for-
ward proof of publication to this office'.
Thank you.
:J truleOw; ~
~ GARY~SSEY ~
GEM:pc
Enclosure
rlinutes
1077-1/,
HINUTT"S
Winter Sprines Planning & Zoning Board
September 22, 1977
PRFSFNT: P&.Z Board members Fusco, NevJsome, Parkhurst, Sal vagio, and VTilliams ...
Nayor PilcWl ,.. Zonine Commissioner Sines ... Councilman Daniels ...
Planner Rozansky
CALL TO ORDER: Heeting called to order by Chairman Hilliams at 7:31, p.m.
APPROVAL OF HINUTBS: Hinutes of September 8 meeting were approved as submitted.
PUBLIC HI"ARING: The regular meeting was suspended at 7 :36 p.m. and a public
hearing was called to order immediately to consider a request by Mr. CharIer:
Rowell, on behalf of Hinter Springs VFv-J Post #5405, to rezone from PUD to C-l
a two-acre tract (currently part of the HiGhlands run) 8djacent~ to Sunshinf'!
Park for the purpose of construdine a VF~'1 post rmilding.
HR. CHARLES Rm-JELL and MIl. ROB DYSFR: Presented the request, pointing out the
services the VFW provides to the city and mentioning the npcd for additional
space to carry out their activities.
MRS. NANCY BOOTH, 511 Oviedo-Lonewood Road: As president of the VFH Auxiliary,
I feel the post would be a credit to the community.
MAYOR PILAND: I feel the post would be a credit to the community.
I
COUNCI1}~N SINES: To insure that the property would be used only for the pur-
pose proposed in this rezoning request, I think we can put some restrictions
on the use of the property.
The public hearing was closed and the regular meeting reopened at 7:47 p.m.
MAYOR PILAND: The city attorney says the city cannot legally limit the uses
of the property, but that the owners can voluntarily put deed restrictiorls on
,tA1e tract.
There was considerable discussion of the legal copditions placed on the sale
agreement. Several Board members expressed concern about what would happen
to the subject tract if it is rezoned and for any reason the VFW post building
is not constructed.
MR.AL AIKEN, Florida Land Co.: Florida Land Co. would be agreeable to adding
a reversion clause to the agreement.
MR.SALVAGIO: A reversionary clause in the contract would permit Florida Land
Co. ,to keep paragraph "C" in the document.
MOTION: On a motion by Newsome, seconded by Parkhurst, the Board voted L-O,
with Mr. Salvagio abstaining, to notify the City Council that the P&Z Board
feels that the location of a VFW post buildine on the subject tract is both
appropriate and desirable but that, due to the Board's concern over legal con-
ditions placed on the sale, the P&Z Board makes no recommendation on the re-
~oning request as submitted.
Page 2
FINAL DEVELOPMENT PIAN, TUSCA1t.JILLA UNIT #6: The Board discussed t.he staff and
engineering reviews on the project. Mr. Charles True, Winter Springs Develop-
ment Corp., assured the Board that the developer will comply with the staff and
engineering recommendations.
MR. WILLIAMS: What's happening on the development of recreational facilitieE?
MR. TRUE: Developer and Council have agreed on a timetable for completion of
a ball field.
COUNCILMAN SINFS: We need an amenities package; the golf course and tennis
courts are not public facilities. I intend to recommend to Council that no
further development in Tuscawilla be approved until a phased amenities package
is submitted and approved by Council.
COUNCILMAN DANIELS: Have the deed restrictions for unit /,/6 been submitted?
MR. TRUE: The restrictions will be identical to those in unit #h.
;~ COUNCILMAN DANIELS: I think the P&Z Board should recommend the addition of
yt/ a restriction on front-entry garages and a prohibition against garages pro-
,.\, ',~ecting beyond the front of the house.
~~'\ I / ~arION: On a motion by tfilliams, seconded by Parkhurst, the Board voted unan-
')', ',imously to recommend that. the City Council approve the final development plan
I,', ~ ~ for unit #6 as submitted, provided that: (1) a phased amenities package of
~ \JY ; recreational facilities is submitted for the entire PUD alonG with the plan,
'<;'~J \~d (2) final deed restrictions are submitted along with the pJ,cm.
{P~LIMlNARY DEVELOPMENT PLAN, TUSCA1tlILLA UNIT #7: Hr. True said builders want
a section of lots bigger than those in unit #4 and smaller than those in unit
#2, so unit #7 contains lots of one-half to three-fourths of an acre. He said
swales are planned for unit #7, along with a 70-foot right-of-way.
The Board discussed the staff and engineering reviews and the recommendations
made therein. The Board and applicants discussed the existinf, problem of water
standing in swales in Tuscawilla.
! MarION: On a motion by Williams, seconded by Newsome, the Board voted unani-
;} mon~lyto recommend to Council that the preliminary development plan be ap-
" , proved, with the stipulation that the engineer further study the drainage
',-, sit uatiion.
:~'\f1ANNBXA TION P..EQUEST BY MR. Al\lImOS:S ZACCARELLA: No representative of t.he appli-
',' cant was present, so the matter was not discussed. The it.em will appear on the
I agenda at the Board's next meeting.
--...
'/
RRQUEST BY FLORIDA LAND CO. FOR APPROVAL OF FINAL D'WETJOPMFNT PLAN OF HIGHLANDS
P.UD SF.CTION 1., TRACT "A," AND SECTION 5, TRACT "B": Hr. Al Aiken asked the
Board to consider the matter even though it was not an agenda item. There was
not a motion to place the item on the agenda. There was concern on the part of
Board members about taking action on such a controversial matter at a meeting
to which other int.erested parties had not been invHed. The Board felt further
that, if no action was to be taken on the matter, it would be pointless to dis-
cuss it, since the same discussion would have to be held aGain when the matt~r
appears on the Board's agenda. Applicants were informed that; the mC\tter will
appear on the Board's agenda for the October 13 meeting.
vIinter Springf Plannine: & Zoning Board
September 23, 1977
Hon. Mayor & City Council
City of Winter Springs
Winter Springs, FL 32707
Gentlemen:
Several actions taken by the Planning & Zoning Board at its regular meet-
ing on September 22, 1977, should be brought to your attention:
1) Request by Mr. Charles Rowell, representing VFW Post #5h05, to rezone
from PUD to C-1 a two-acre tract adjacent to Sunshine Park for the purpose of
constructing a VFW post building: The P&Z Board adopted h-O (with Mr. Salvagio
abstaining) the following motion: 'ff-1ove that the P&Z Board notify the City
Council that the P&Z Board feels that the location of a VFH post building on
the subject tract is both appropriate and desirable but that, due to the P&Z
Board's concern over legal conditions placed on the sale, the P&Z Board makes
no recommendation on the rezoning request as submitted."
2) Final Development Plan, Tuscawilla Unit #6: The P&Z Board unanimously
,,"pproved the following motion: "Move that the P&Z Board recommend to City Coun-
cil that the final development plan for Tuscawilla Unit #6 be approved as sub-
mitted, provided that (1) a phased amenities package of recreational facilities
for the entire Tuscawilla PUD is submitted along with the plan, and (2) final
deed restrictions are submitted along with the plan."
;"0<' 3) Preliminary Development Plan, Tuscawilla Unit #7: The P&Z Board unan-
imously approved the following motion: "Move that the P&Z Board recommend to
City Council that the preliminary development plan for Tuscawilla Unit #7 be
approved as submitted, with the stipulation that the engineer further study
the drainage situation."
4) Change in Meeting Time: Due to a conflict in the schedule of one of
its members the P&Z Board unanimously approved the followinr, motion: "Move
that, beginning with the meeting of October 13, 1977, meetings of the Planning
& Zoning Board begin at 8 p.m., rather than at 7:30 p.m."
cc: planner
City Clerk
Sincerely ')J(~ h~mt4:
John Newsome, Secretary