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HomeMy WebLinkAboutOrdinance 166 Chapter 14 ORDINANCE NO. 166 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA REPEALING SECTIONS 14-1 and 14-3 OF ARTICLE I OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY: CREATING NEW SECTIONS 14-1 and 14-3 OF ARTICLE 1, CHAPTER 14; CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Section 14-1 and 14-3 of Article I of Chapter 14 of the Code of Ordinances of Winter Springs are inconsistent and do not properly set out the intent of the City. NOW, THEREFORE, the City of Winter Springs, Florida hereby ordains: 1) That Sections 14-1 and 14-3 of Article 1, Chapter 14 of the Code of Ordinances of Winter Springs is hereby repealed. 2) That new Sections 14-1 and lQ,-3 of Article I, Chapter 14 are hereby created to read as follows: Section 14-1, DEFINITIONS. (1) "Alley means a right-of-way providing a secondary means of access and service to abutting property. (2) "Block" includes tier or group and means a group of lots existing within well-definined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified. (3) "Building" shall built for the support, enclosure, animals or chattels of any kind. word "Plot", "Parcel" or 'Tract". mean any structure designed or shelter or protection of persons, The word "Building" includes the (4) "Easement" means any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. (5) "Public Utility" includes any public or nrivate utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead. (6) "Improvements" may include, but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference mon- uments ("P.R.M.s"), permanent control points ("P.C.P. 's"), or any other improvement required by a governing body. (7) "Lot" includes tract or parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified. (8) "Plat" means a map or delineated representation of the subdivision of lands, being a complete exact representation of the sub- division and other information in compliance with the requirement of all applicable sections of this chapter and of any local ordinances, and may include the terms "replat", "amended plat", or "revised plat". (9) "Right of way" means land dedicated, deeded, used or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, or cer- tain designated individuals, or governing bodies. (10) "Street" includes any access way such as a street, road, land, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such street, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and ease- ments of ingress and egress. (11) "Subdivision" means the platting of real property into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, and includes establishment of new streets and alleys, additions and resubdivisions, and when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided; and further means, the division of a parcel of land, whether improved or unimproved, into three (3) or more contiguous lots or par- cels of lands, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the pur- pose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of such parcel. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided. Section 14-3, SALE OF NONPLATTED PROPERTY A. No owner of a tract of real property being a subdivision as defined in this chapter, shall sell lots from such tract without first having, in accordance with the requirements hereof, such tract surveyed and a plat of the lots proposed to be sold prepared by a regis- tered surveyor except as provided in Section 14-3.1. Before such plat shall be recorded, it shall be approved in accordance with the specific provisions of this chapter and Chapter 177, Florida Statutes. No permit shall be issued for the construction of any building or for an electrical hookup on any lot sold in violation of this section. Section 14-3.1, DIVIDING PLATTED PROPERTY A. An owner of a lot of sufficient size, except in an approved Planned Unit Development platted area, may, with prior approval of the City Council, divide an originally platted lot once into no more than two parcels or lots provided that each parcel or lot shall in every respect meet the criteria established elsewhere in this code for the category of zoning under which the property is zoned. In such instance, and only within the strict application of this section, may the full provisions of this chapter be waived and variances granted thereto. No building permit shall be issued for the erection of any building on a previously platted lot which is divided contrary to this section. 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 - 2 - of a direct conflict with a provision or provisions of any existing Ordinance the provision which is more restrictive and imposes higher standards or requirements shall govern. 4) Severability. If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section, or portion of section or subsection or part of this Ordinance. 5) Effective Date. This ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this 6 day of March, 1978. FIRST READING: Feb. 8, 1978 SECOND READING: Feb. 22, 1978 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 on Wednesday, January 25, 1978 at 7:30 P.M., or as soon thereafter as possible to consider the adoption of an Ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA REPEALING SECTIONS 14-1 and 14-3 OF ARTICLE I OF CHAPTER 14 OF THE CODE OF ORDINANCESOF THE CITY; CREATING NEW SECTIONS l4-l and 14-3 OF ARTICLE I, CHAPTER 14; CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida for all persons desiring to examine the same. All interested parties are invited to attend and be heard. DATED this 23rd day of December, 1977. CITY OF WINTER SPRINGS, FLORIDA By Mary Norton, City Clerk GARY E. MASSEY, ESQUIRE Altamonte Springs, Florida City Attorney There is no need to remind you that one o~ my strongest and most lengthy areas o~ participation in municipal government has been in the field of z?ning. This interest dates back to 1964, almost 14 years, when I created the ~irst zoning board and participated in the ef~orts that resulted in the ordinances which were drawn up and adopted later as the city's zoning code. Since then I have served on variouse planning committees around the county as well as programs with the Regional Planning Council. This ex- posure has given me a picture o~ zoning somewhat beyond the limits o~ our city. With this in mind I am, somewhat hesi tently, offer- ing two suggestions on the rewording of Chap. 14, specifically those sections, 14-1 and 14-3, as they appear in the currentord- inance under consideration by the council: 1. The wording o~ every governmental entity in_Seminole County, as well as that of Orange County regulations, with one exception, defines IIsubdivision" as the division o~ a parcel into "two (2) or more lots". The 'two or more' is listed in Principles And Practices of Urban planning, in the IlLegal Nature" section, as a definition being legally tenable in court. The Seminole County de~inition o~ "resubdivisionlt appeared to be the best o~ all the de~initions adopted by the other governments: "Resubdivision: A change in a map of an approved or recorded subdivision plat if such change ef~ects any street layout or such layout or area reserved ~or public use, or any lot line; or if it e~fects any map or plan legally recorded prior to the adoption of any regulations control- ling subdivisions.1t 2. Sec. 14-3 might better be d~fined with a simple explana- tion that it is strictly ~or the recording o~ plats bearing the city1s stamp indicating approval. of It was the unanimous opinionJthose- with whom I discussed the pro- vision of a I~reel split ~or originally platted lots, that such a provision could become the basis for ~uture property owners to bring suit. While such a provision was recognised as an e~~ort to be 'fairl, it was stated by most that the fairest wording was the "two or more II across the board, as well as being the most viable for all- round protection of city, property owners, and surrounding owners · . .. ,"'~""'~_~'~__'''~V.,~,,,,~,-",~_.,......,",,,,,___-,,,~_._~'"_>_4~'--''..<~-''''-~,-_.__.._-' NEWMAN D. BROCK GARY E. MASSEY FRANKLIN T, WALDEN o. U, EATON, JR, C}~ tb'l11. C}~//;'$r O~ I~h~~' BROCK. MASSEY, WALDEN & EATON~ C < ' 'I /..,~ ATTORNEYS AND COUNSELLORS AT LAW ~ 8 J.y "'. ~-~ 7r I~. Y/, w~.. PA~ P'D'~ Bu=~o ~<.~ ~ e'~ TELEPHONB 355 EAST SBMORAN BOULEVARD ALTAMONTE SPRINGS, FLORIDA 32701 (30~\ 834-8Ul December 23, 1977 The Evening Herald 300 North French Avenue Sanford, Florida 32771 Gentlemen: Enclosed herein please find a Notice of Public Hearing to be published one (l) time during the week beginning December 26, 1977. Please forward your proof of publication to this office and your invoice to Ms. Mary Norton, City Clerk of the City of Winter Springs, Florida. If you have any questions, do not hesitate to contact my office. Thank you. cl Encl. uly yours, .~4 BROCK, MASSEY, WALDEN & EATON ATTORNEYS AND COUNSELLORS AT LAW NEWMAN D. BROCK GARY E. MASSEY FRANKLIN T, WALDEN 0, H, EATON, JR. WINTBH PARK FBDERAL BUILDING 355 EAST SEMORAN BOULEVARD ALTAMONTE SPRINGS, FLORIDA 32701 TELEPHONE (301$) 834'8111 December 23, 1977 Sentinel Star P. O. Box 2833 Orlando, Florida 32802 Attention: Legal Advertising Dept. Gentlemen: Enclosed herein please find a Notice of Public Hearing to be published in the Legal Review on Saturday, December 31, 1977. The hearing is scheduled for January 25, 1978. Please forward your proof of publication to this office and your invoice to Ms. Mary Norton, City Clerk of the City of Winter Springs, Florida. If you have any questions, do not hesitate to contact my office. Thank you. ~(1~ cl Encl. SENTINEL STAR Published Daily Altamonte Springs, Seminole County, Florida State of Florida County of Orange Before the undersigned authority personally appeared Marie M. Minner , who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of Notice of Public Hearing advertisement, being a Notice of Public Hearing in the matter of January 25, 1978 re:An ordinance repealing Sections 14-1 and 14-3 of Article I of Chapter 14, etc.in the Court was published in said newspaper in the issues of December 31, 1977 Affiant further says that the said Sentinel Star is a newspaper published at Alta- monte Springs, in said Seminole County, Florida, and that the said newspaper has hereto- fore been continuously published daily in said Seminole County, Florida, and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Sem- inole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, permission or refund for the purpose of securing this advertisement for publication in the said newspaper. Marie M. Minner Sworn to and subscribed before me this 3rd day of January, A.D. 1978. Notary Public State of Florida at Large My Commission Expires Dec 30, 1980 Bonded by American Fire & Casualty Company (Seal) ADVERTISING CHARGE $9.99 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 on Wednesday, January 25, 1978 at 7:30 P.M. on or as soon as thereafter as possi ble to consider the adoption of an Ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLOR- IDA REPEALING SECTIONS 14-1 AND 14-3 OF ARTICLE 1 OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY; CREATING NEW SECTIONS 14-1 AND 14-3 OF ARTICLE 1, CHAPTER 14; CONFLICTS, SEVERABILITY AND EFFEC- TIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of the City of winter Springs, florida for all persons desiring to' examine the same. All interested parties are invited to attend and be heard. DATED this 23rd day of December, 1977. CITY OF WINTER SPRINGS, FLORIDA By /s/ Mary Norton Mary Norton, City Clerk LR-356 (6S) December 3, 1977 Evening Hetald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared....,.. - , , . . , , . . . . . . . . , . . .. , . . ~ ,u t.h _ F. ~ . .:~ ~.Li;! l}~ Y . . ' . . . _ . . . . . . . . _ . . . . . ' . . . " ...., who on oath says tha t3he is . . . . _ ~J . .f ~_ 0. \!. .i~! ;'1.n:.:] . .r . . . . . . . . . ' . . . . of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a. _. _ .. .L[~.g3,1. f'JOt.i.C8. .... .. ".,.. ,... ,in the matter of 'pu.~li c _ HF:) 2,-;::i n. g. n B. ~ . .0 r.Ll ~n S3nr;:;~ . p f ,t tl,l'1 ' Ci:t y. ,of. ,W.i nte.r , S.pr.i n.g 6., Fl,or,it;la_ 08p'f?3,Ung_ .G.~t.:.tipr).q _14:-1.an.d, .' .in the.... .C.i.~;'::LJ~.t. . Court, 14-3 of Ar.ticle I of ClldDt8~ 14 was publishea In saID newspaper In 't11e .ssues of. . . , . . . . . . Oec8mber 7r lq7~ , ,.' _.. _, . ....., ...,. _ ... ,.. .....', ,__J,J_" ,:-.':,'" Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this '3lJt r-1 , . ' , ' . . . . . . . , . ' , . . , . . ' _ . . . . . . day of .._..:?r:cc-=:m?~lr:....._A. D. 19.77. ,.,I?~..3:...~~... ... .................,. ..<.. :>(..0.......'. (SEAl, ) Notary Public Not::ny PubE:::, State of Florida at [ai'g!. My Con.mission Expires June 18, 1979 . CITY OF WINTER SPRINGS, FLORIDA Notice of Public Hearing TO WHOM IT MAY CONCERN: NO.TICE IS .HE% FBY GIVEN by the CIty Councl City of Winter Spring.s, .Flo hat said City CounCil WIll h' blic hearing on' WednesdaY..,25, 1978 at 7:30 P.M., or 'hereafter as poSSible to e adoption of an Ordina 'ty of Winter Springs, which is as follows; AN 0 OF WI~ REPEAl 14-3 OF:: 14 o~t OINAN' CREAli, and 14> 14; C AND Ac avail Clerk Flori exam All to aft DA Dece , Ci Winter pr,ti'gs, Florida :' MarY Norfon, , y Clerk G E. MASSEY, ESQUIRE Alfamonte Springs, Florida City Attorney Publish: Dec. 30, 1977 DES.147 .... -..- 1!)-HE CITY i'FLORIDA 's 14.1 and ,:CHAPTER OF OR- " CITY; 'ONS 14-1 'HAPTER ABILITY E. ance sha II be e of the City inter Springs, ns deSiring to day of ~ Evening Hetald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared........................... . .~u.~~..F... ~.~I;U.~~.Y................................, .who on oath says tha51he is . . . .0 f.n.Cf? .~ .C!I! ~g!3.:J;'. . . . . . . . . . . . . . . . of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a.... ... .. .I,-.eg.~~. .I\IP.~~.C;:!3... .. . ...... .. . .. . ...... .... .in the matter of p'u~li.c. .~~.~~.i. n.Q . R.e .:. . . .~~.C!':l.Q~. .t:lr . ~~n.~ n.9. .~~.~f'!1. .~!J.l? .1;i;J. . r;;.-:l. .9f , . . . . ,~. ~wo..:-a.cr.e. .tr.ac~. a.~j,~~.en.t. .~l? .SlJn8.h~,n!3.. .in theG~~t;:!-\~~...... . Court, ~~I~Ubq!illlJ'b.inE~~de~~~SP~~~ni~ethe issues of. . . . . .. . . . .. . . . . . . . .. . .. . .. . . . . . . . . .. ()ct.ob.~r .9.... ")"~7?...................... Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 10th . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . day of .....ji../.."'......o~..~'?~~:r..~,A. D. 19..77. ..,R~.~..~~.... '-,. J/.R_. ) . / },.... ~Ir/... ~ .. ~ ~~ / ......... :--:~."-~..,'. t'.~. ":<.~~~~~-.~~ (SEAl,) Notary Public Notary Publi:, SLit'3 of Florida at Large. My Commission Expires June 18, 1979 . WINTER SPRINGS, FLORIDA Notice of Public Hearing TO WHo,l"VIT MAY CONCERN: NOTl<<!1l'~$:il<:l.E~EBY GIVEN by the City' me!,<:ity of Win- ter Sp .; t~at sa id City Coun . bti:c hearing at 7: 30 P . October 24, 1971il4.-~li~~.rNlNil!,jcation for Chan!i!e o'!oril~ frOm FWD to C-1 of a t~o-acre tract adjacent to Sun- shine Park on N. Edgemon Avenue, and. being more particularly des~rib(1(l as folloV's: Tnftf No.1 Beginning at thl! intersection of the 'North .right -of. way line of North Third Street and the lIVes.! right-of. way line !If' E~lIem9n Avenue, Subdtvisio~ of N~~rlllndo, Plat Book 12, pageSll"I}l1d. 11, Of the Public Records of Sl!minole County, Florida; .' , run.thenceN. 32 degrees 02' 45" E. along the prolongation \ll said West right-of-way line of Edgemon AVenue a distance ofr~1.20feet to the point ofa curvature of a curve concave Southeasterly,. hailing a radius of 533.0 feet and a central angle of 16 degrees 29' 38"; run thence Northeasterly alon9,said curve a distance of 153.44 feet to the point of beginning; thefl~e..to! 35 degrees 14' .10" w...}10,18. feet; thehce N 54 degrees 45' . SP" E, 210 feet; thence S 35 degrees 14' 1~" E.207 .05 feet ; thence S54de9rees 45' 50" W. 152.21Jeet tQ a point of curvature of a curVe wilharad!us of 533..0 feet and ~ central angill Qf~ llegrees 13' 27";' " run then curve point acr res Tr th T w w Bo Re Flo run thene s 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 curvature of a curve con~ave Southeasterly, having a radius of 533.0 feet and a central angle of 16 degrees 29' 3" S; run thence Northeasterly along said curve a distance of 153.44 feet; thence N 35 degrees 14' 10" W. 210.18 feet, to the point of beginning; continue thence N .35 degrees 14' 10" W. 119.96 feet to the point of cur. vature of a curve concave Nor- theasterly with a radius of 1715.0 feet and a centra I angle of 02 degrees 55' 57"; run thence along said curve Nor. !thwesterly a .distance of 87.78 feet; thence N 54 degrees 45' SO" E. 207.76 feet; thence S 35 degrees 14' 10" E. 207.70 feet; thence S 54 degrees 45' 50" W. 210.00 feet to the point of beginning. Containing 1.00 acres, more or less, subject to restrictions of record. The Public Hearing will be held in thebty 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 Publish: Oct. 9, 1977 DEQ-25 ""