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HomeMy WebLinkAboutOrdinance 318 RezoningOFFICIAL RECORDS BOOK 1640 PAGE 0591 SEMINOLE CO. FL. ORDINANCE NO. 318 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REZONING THE EAST 213.42 FEET OF LOT 20, BLOCK D, D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, CONTAINING THEREIN 4.5000 ACRES MORE OR LESS, FROM THE PRESENT ZONING CLASSIFICATION OF R-U TO C-2 PURSUANT TO CHAPTER 166.041 OF THE FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interests of the health, safety and welfare of the citizens of Winter Springs, Florida, to rezone from its present zoning classification of R-U to C-2 the following described real property situate in Winter Springs, Florida: THE EAST 213.42 FEET OF LOT 20, BLOCK D, D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, CONTAINING THEREIN 4.5000 ACRES MORE OR LESS. AND WHEREAS, the City Commission for the City of Winter Springs, Florida, has determined that the rezoning of the above described real property will make it conform with the present zoning classifications of other properties situate in the same immediate area and with the Winter Springs Comprehensive Plan. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the City of Winter Springs, Florida, does herewith and hereby rezone from its present zoning classification of R-U to C-2 the following described real property: THE EAST 213.42 FEET OF LOT 20, BLOCK D, D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, CONTAINING THEREIN 4.5000 ACRES MORE OR LESS. SECTION II - That the City Commission of the City of Winter Springs has determined that a zoning classification of C-2 would be compatible with the surrounding property within the City and with the City's Comprehensive Plan and with the passage of this Ordinance the City Commission does hereby amend the official zoning map of the municipal limits of the City of Winter Springs, Florida, to include the subject property within the above-designated zoning classification. SECTION III - If any section or portion 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 a section or subsection or part of this Ordinance. SECTION IV - That all ordinances or parts of Ordinances in conflict OFFCIAL RECORDS BOOK 1640 PAGE 0592 SEMINOLE CO. FL herewith are hereby repealed. SECTION V - This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 13th day of May, 1985. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading: April 8, 1985 Posted April 9, 1985 Second Reading & Public Hearing 5/13/85 THIS INSTRUMENT WAS PREPARED BY: MARY T. NORTON CITY CLERK OF WINTER SPRINGS 400 N. EDGEMON AVE. WINTER SPRINGS, FL 32708 203033 RECORDED & VERIFIED CLERK CIRCUIT COURT SEMINOLE CO. FL. May 20 3 31 PM '85 . ...............,....."'\. .' :'ill'll I'll \\ ..': ._.~::.~..::'>::)'~~\ ~I\/ . . .^ .li-.'<i ~ " \ . " . :! '\ ,..~.. ~..~ j.." ., -t-. '...... ..... t' ~ \ \ .~/.:.,: .-':';~ ~;;.) CITY OF WINTER SPRINGS. FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32706 Telephone (305) 327-1600 February 10, 1983 Mr. Charles o. Cottle P. O. Box 238 Longwood, Florida 32750 Dear Mr. Cottle: As we have discussed, Seminole County has not agreed to waive the Florida Statute imposing a two-year waiting period prior to a change in land use after annexation into a municipality. Our City Attorney advises, therefore, that we should request that applicants for annexation who had designated a preferred zoning different than the current County zoning indicate that they concur with annexation at City zone R-U, our nearest category to County A-I, until such time as the County does agree with a change of land use or until at the end of two years the City may unilaterally accept a rezoning petition. Your signature below will accomplish this legal requirement. We appreciate your patience in awaiting County conferred on the legalities involved. ordinance annexing your property into Winter forward to our association with you. annexation while the City and We expect adoption of the Springs this month and look Sincerely, CITY OF WI~lER SPRINGS ~~~ Ci tf Planner I, 0 /1 applicat on for annex n into the classification R-U (Rural-Urban). , concur with modification of my City of Winter Springs, to read zoning We the undersigned acknowledges receipt of a copy of this letter, and acceptance of the status of same. - / // " MEMORANDUM TO: Planning & Zoning Board FROM: Pete Cowell, City Planner RE: Hanratty Rezoning l. Name of Applicant: 2. Action Requested: 3. Code Reference: 4. Current Zoning: 5. Requested Zoning: 6. Description: 7. Attached Documentation: Joseph J. Hanratty Rezoning 44.16 Action to alter, etc. RU C1 The east 213.42 feet of Lot 20 Block D of the D. R. Mitchell Survey PB 1, Pg. 5 Seminole County Records 1) Original application of Cottle/Hanratty rezoning 2) Letter from J. Koch to C. Cottle 2-10-83 3) Letter from J. Hanratty to J. Koch 3-21-83 4) Letter from J. Koch to J. Hanratty 12-1-83 5) Survey of property 8. Options/Basis: Recommend approval or denial 9. Staff Recommendations: Staff recommends approval contingent to Site Plan Review of the proposed project APPLICATION FOR: x DENSITY/INTENSITY INCREASE CHANGE OF ZONING SPECIFIC AMENDMENT TO COMPREHENSIVE PLAN SEMINOLE COUNTY, FLORIDA PLEASE DO NOT USE BLUE INK) FILE NO. APPLI CANT: See Attachment A TELEPHONE NO. 305-327-1800 ADDRESS: PROPERTY OWNER: ADDRESS: TELEPHONE NO. Winter Springs REQUEST CHANGE OF ZONING FROM: R-U Rural Urban Winter Springs C-2 General Commercial TO: and Light Industrial LEGAL DESCRIPTION OF PROPERTY: See Attachment B & Map GENERAL LOCATION: North and South of SR 419 in Sections 35 and 36. Township 20 S, Range 30 E TOTAL ACREAGE: 164 ABUTTING ROADS: SR 419 PROPOSED USE OF PROPERTY: Commercial and Light Industrial HOW WILL WATER AND SEWER BE PROVIDED? Future Extension of Utilities SIGNATURE OF APPLICANT: See Attachment C , If APPLICANT Is OTHER THAN PROPERTY OWNER, AUTHORIZATION FOR REZONING ACTION MUST BE ATTACHED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOR OFFICE USE ONLY COMPREHENSIVE PLAN COMPLIANCE: PLANNING AREA SEC TWP RNG DESIGNATED LAND USE REQUESTED LAND USE AMENDMENT REQUIRED Yes/No NOTIFICATION WAIVER ATTACHED Yes/No FEES: 2/3 of $500 REZONING/RECEIPT No. APPLICATION ACCEPTED BY: AMENDMENT/RECEIPT No. DATE RECEIVED: / h~~' ,~~\NTEA' " '.(, .5;0', :,:'r 0' ~~-~tj ,,,-.J..( "'~'" '\' K_ ... 0 \ U'O ", ~ i:: V\.\. ). I'i\""~",, q~.-.~~" :,,:.,>:" t_\\:;~~,~~~_.", CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 TO: Staff FROM: Peter Cowell, City Planner RE: Rezoning DATE: February 25, 1985 There will be a meeting Thursday, February 28, 1985 at 11:00 A.M. to discuss the proposed zoning changes of Mr. Parker and Mr. Hanratty from RV to C1 and C2 respectively. ~( -- bl'-- C-~,.- ~~~~~- /db Attachment P'-l\T OF SURVEY C'h'~RLES 0 COTTLE )ESCRIPTlON: T//E EAST 2/342 r-EETO,rLOT?O;.gLOCk"D'~ .o;{': M/7C//ELcJ fd.<'YEYO.-r T//E LEY/' CRAA/T CA/ LAKE c/E.5Sd";:::: 4S REcOR.oELJ /A/ .PL,4T LJCOY ~ ..PA6E 5/ /'L/.8L/C ~E[cJRLJ5 t:J~ 'YEM//VOL.E CtJl/;(//~ /LOR/LJA/ C"t7#m/#/A/C T#E.eE/A/ 4.5000 ACRES "wt'.REoRL'Ef5. 514TE ;(~.~ ,./-~. I scrc~ ~ ,ITL.< _.--r- zI3.44- z'r '>'1 7'r~~s",A'" <:. 0 0; sETC.U yo/",,,or"":;& Z~ 7(7/;" l1~e-rI,Jc- .. --- 4(/11,.01/\/ ... r- P, to. C , - ~. ~ ..,~...."",O 11. \n \~ 7",....r <Ii II ~~ f '" \..- II' \,JI'- -s' >" i,j:1\ l( \ , ~\ "') j\ ....~ ~~~\ No:. .'\ ~ '~)~" ?\. ::, ~ ~ .' ~ ~ , \ " ~ ~ IJ.t. (~,J' I'- ' ", '(0 I" .-I I {,4J ~ ".. -....r) Vlv~ J'~ l,o.J( Ll-- "II- ( J.,I .. ) f' .,.J e- /./!+- V1*,,- ..., ,...., ..- , , :.... "-" " ~~ .' -' \J ~ \J \)l ~Oo ,,_v-:::;:::::.! .:::;:::::::::- - :SE/ ~.M. yo/IL'E r.1'Nt'!.2- !' -" N c;-/7-82 -- \ S$'r~.M. \ \"", . , -v \,.''; , ". ~ ~1 'r~ "" ;",,' 1.'~I'~,..U:\~~,,"~'j~P~. THE, "II:;I..UM ,~I,",':,;,':':-_: () \' 1,\',1.' ,'..~ "Sc.l rO~"H 8\ TH... FLO!{lu.'j ...;'",,;.:./ l.. '0 : ",', "'}\''''/ORS r'UJ('II"~IY"" :, ,',7" ..' ;' 1("; ~,!\ ~'.d'\ t t., . r j\ ,l .d t'ol .:,1...,: _ --.I," r _..' ",; ~ "... '-J '" (" ';,,, "T"T"TF,~ ,. .... ,.!" t t . - ')",,\ J .\.(., " I SCALE 1" =/<7t/ ~ r- m Z/3.4'" z p HENRICH, TROTTER, CARTER, & AYERS, INC. LAND SURVEYORS 636 N. WYMORE ROAD WINTER PARK, FLORIDA 32789 (305) 647.7346 '" -, .-~. ,. , .... , OATE OF: BOUNDARY FOUND FINAL ( . ......'''-......'''' . ... "ilNT F'11 ;', .' '. -"~"''''''''...."I.,,,)\ ,:i',i' . ,,,...,...., ")':- <, ("\' , .-<( :'i .\ ".. 'I '\ '" .J' '..;' \ \ .~.::.:~:...::.:: :.,/ " '... .\.. CITY OF WINTER SPRINGS. FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (305) 327.1800 February 10. 1983 Mr. Charles O. Cottle P. O. Box 238 Longwood. Florida 32750 Dear Mr. Cottle: As we have discussed, Seminole County has not agreed to waive the Florida Statute imposing a two-year waiting period prior to a change in land use after annexation into a municipality. Our City Attorney advises, therefore. that we should request that applicants for annexation who had designated a preferred zoning different than the current County zoning indicate that they concur with annexation at City zone R-U, our nearest category to County A-I, until such time as the County does agree with a change of land use or until at the end of two years the City may unilaterally accept a rezoning petition. Your signature below will accomplish this legal requirement. We appreciate your patience in awaiting annexation while the City and County conferred on the legalities involved. We expect adoption of the ordinance annexing your property into Winter Springs this month and look forward to our association with you. Sincerely, CITY OF WI~!ER SPRINGS ~~~ ~. ., . acq:~~lJ.ne l'o..o-::lI, Ci ty Planner I, / applicat on for annex n into the classification R-U (Rural-Urban). ---.-'- , concur with modification of my City of Winter Springs, to read zoning We the undersigned acknowledges receipt of a copy of this letter, and acceptance of the status of same. - J- /. ~J J.S.I. Developers, Inc. P. O. Box 838 . Casselberry, Florida 32707 . Telephone (305) 365-6277 March 21, 1983 City of Winter Springs 400 N. Edgemon Avenue Wi~ter Springs, Fl. 32708 Attnl City Planner Dear Ms. Koch: We recently purchased 4~ acres of the Cottle property on Hi.ghway 419 (copy of survey attached), ,,,hich we under- stand is in the process of being annexed into the City of Winter Springs. The property was purchased in the names of Raymond & Virginia Dwyer and Joseph & Mary Hanratty. This letter serves as notification of our authorization to continue the request to annex. We prefer C2 zoning. Agent (/) /tJ ij'J os'"e ./ ~"""'--:CX"';'~"::1' ,,--& 'flINTE., S'. <.~t:u~-"''' " .;i:;'. .V c. , ,. '~': ~ 4,.. '-< \. "....'--..... ,.. .;. J.~.:, ~~.;:;.:.~.:~:r CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (305) 327-1800 December 1, 1983 Mr. Joseph Hanratty J. S. I. Developers, Inc. P. O. Box 838 Casselberry, FL 32707 Dear Mr. Hanratty: Last Spring, when your property on SR 419 was annexed into the City of Winter Springs, the City zoning category of R-U Rural-Urban was assigned to the property in compliance with the State requirement that zoning of annexed lands must be comparable to that which existed under County jurisdiction for a two year period unless the County specifically waives this waiting period. To discuss the possibilities and procedures to petition Seminole County to waive the two year requirement so that your land might be rezoned, if you wish to do so, the City will hold a meeting on Tuesday, December 13, 1983, at 6:30 P.M., at City Hall. You are invited to attend this meeting to provide comments and information as to your plans for development of the recently annexed property to determine the desired City zoning category. The City Manager, City Attorney, and Staff will be present to explain what steps may be taken to request Seminole County to forego the remaining portion of the two year waiting period which commenced in April 1983, to allow the City to proceed with appropriate rezoning actions with respect to these properties on SR 419. v c' f (') ;' ,f/f" / -I~ V,c1 .....,. :' ../ /I.J 1\ :. ,^ , ~,."" .,.1) r v .I." ~ r..: c . .,1 / ! /' c?, L.r' /ei V../ / c' Sincerely, . --II ~ I./' ' t' ! /( { I.' /' ..) #' . 0/~L ~~-~~ cquel' e Koch / irec /.r Administrative Services JK/pkl The Orlando Sentinel Publiahed Daily A1tamonte Springa, Seminole County, Florida ADVERTISING CHARGE $27.40 ~tate of 1rlorihn} SS. COUNTY OF ORANGE Sworn to and subscribed before me this clay NOTICE OF PUBLlC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by the City Commission of the City of Winter Springs, Florida, that said CommisslO~ will hold a Public Hearing on an ordo- nance entitled as follows: Ordinance No. 318 AN ORDINANCE OF THE CITY OF WlNTER SPRINGS, FLORIDA, RE- ZONING THE EAST 213.42 FEET OF LOT 20, BLOCK D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5, P.R. OF SEMINOLE COUNTY, FL., CONTAINING THEREIN 4.5000 ACRES MORE . OR LESS, FROM THE PRESENT ZONING CLASSIFICATION OF R- . U TO Co2 PURSUANT TO CHAP- TER 166.041 OF THE FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE OFFI- CIAL ZONING MAP; SEVERABIL- ITV; CONFLICTS AND EFFEC- TIVE DATE. This Public Hearing will be held at 7:30 p.m. on Monday, May 13, 1985, or as soon thereafter as posalble in the Cornmisalon Chamber, City Hall, 400 N. Edgamon Ave., Winter Springs, Florida. Copies of the propoeed ordinance are available in the office of the City Clerk lor inspection. Interested parties may appear at this hearing' and be heard with respect to this proposed ordinance. , Persons are advised tt:oat if thay de- I cide to appeal any decision mede at this meeting, they will need a record of the proceedings and for such pur- pose, they may need to ensure. that .. \ verbatim record of the proceedingS IS made which record includes the testi- mony and evidence upon which the appeal is to be based per Section I 286.0105 Florida Statutes. , Dated this 3n:I day of April, 1985. CITY OF WlN~ SPRINGS, FLORIDA IslMary T. Norton . Mary T. Norton, City Clerk L8-493(6S) Apr.14,1985 Before the undersigned authority personally appeared Catherine Deering , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being a Notice of Public Hearing in the matter of Ordinance NO. 318 in the Court, was published in said newspaper in the issues of April 14, 1985 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this ~_tfMC~~~ .~ 16th of April 85 ~ Notary Public, State 0 FI rida at Ny Commission Expires May 25, BQtlded by Ameriean Pioneer Casualty A.D., 19 FORM NO. AD-264