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Home My WebLink AboutOrdinance 440 Amending Comprehensive Plan AMENDED ORDINANCE NO. 440 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE COMPREHENSIVE PLAN IN ACCORDANCE WITH FLORIDA STATUES 163.3187; PROVIDING FOR THE ADDITION OF ANNEXED PROPERTY TO THE LAND USE MAP AT COMMERCIAL AND RURAL RESIDENTIAL CLASSIFICATIONS; PROVIDING FOR THE ZONING CATEGORIES C-1 AND R-U FOR THE PROPERTY ON THE OFFICIAL ZONING MAP; SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs has annexed the property below, upon petition of the owners, Jay Gladwin, trustee, Barry T. &: Phyllis Kirby, Charles W. &: Linda. D. Clark, Robert H. &: Annabelle Frilen, Ricardo &: Rosario M. Lezcano, Victor A. &: Verna Tarnowski, Estate of Charles S. Lieffring, Frank Wade, Estate of Witlmell B. Leike, Carol B. Santos, Edward R. &: Terry L. Hutto, Delphine Lane, Henry J. &: Sandra G. Clark, Frederick H. Bokop Jr., Eugene L. &: Jean E. Kronenberg, Jolm W. &: Elenore E. CUJJmiskey, Estate of Virgil W. Rees, Edward W. &: Edythe Leonard, Charles E. &: Madalyn CUJJmiskey, Harlan Brandner, William Schweiker, Estate of Albert W. &: Adeline O. Ricker, and Richard M. Beary &: Abbe L. Radke: The west 1/2 of the Southwest 1/4 of Sec. 4, T. 21 S., R. 31 E., Less Parcels 2-B and 2-U (More particularly described as Less the N 361.88 ft. of the E 303.20 ft. and Less the S 242.80 ft. of the N 604.76 ft. of the E 677.34 ft.) and Less that Portion Lying North of S.R. 434, All in Seminole County, Florida. WHEREAS, this property includes a portion of the right-of-way reserved by the Seminole County Expressway Authority by its Resolution No. 87-3, dated October 28, 1987, as amended by Seminole County Expressway Authority Resolution No. 88-6, dated September 28, 1988, Book 2001, Pages 1867 and 1868, Official Records of Seminole County, Florida; and WHEREAS, a portion of the property has been reserved for inclusion in the right-of-way of State Road 434 by the Florida Department of Transportation Right-of-way Reservation Map filed September 29, 1988, Map Book 1, Pages 71-79, Public Records of Seminole County, Florida; and WHEREAS, the City of Winter Springs, Florida, will assign to the property reserved for rights-of-way pursuant to Florida Statute 337.241 a land use classification no more intense than its prior County land use; and WHEREAS, the owners of the property wish to develop their lands adjacent to the reserved rights-of-way in a manner consistent with the zoning category C-1; and WHEREAS, the land use classification Commercial allows such C-1 zoning; and OFFICIAL RECORDS BOOK 2021 PAGE 1349 SEMINOLE CO. FL DAVID N. BERRIEN CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL 565767 RECORDED & VERIFIED 1988 DEC-7 AM 9:05 WHEREAS, the City of Winter Springs, Florida, has considered the assignment of land use classification for the said annexed property on the Land Use lep of the City in accordance with Florida Statutes 163.3181 and has determined that the addition of the property to the Land Use Map as Ca1Inercial and Rural Residential is consistent with the Comprehensive Plan of the City of Winter Springs, Florida. NCM THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I - The Comprehensive Plan of the City of Winter, Springs, Florida, is hereby amended to add to the Land Use Map the Property described below and to assign to it the land use classifications specified. The west 1/2 of the Southwest 1/4 of Sec. 4, T.21 S., R. 31 E., Less Parcels 2-8 and 2-U (More particularly described as Less the N 361.88 ft. of the E 303.20 ft. and Less the S 242.80 ft. of the N 604.16 ft. of the E 611.34 ft.) and Less that Portion Lying North of S. R. 434, All in Seminole County, Florida. That portion of the above-described property outside both the right-of-way reserved by Seminole County Expressway Authori ty Resolution 81-3, as amended by Authority Resolution 88-6, September 28, 1988; and the right-of-way reserved by Florida Department of Transportation Right- of -way Reservation Map filed September 29, 1988, shall bear the land use classification Commercial. That portion within the reserved areas established by the Seminole County Expressway Authority and/or the Florida Department of Transportation shall be assigned Rural Residential land use. SECTION II - The property shall be added to the Official Zoning Map of the City of Winter Springs Florida, as designated below: That portion of the above-described property outside the rights-of-way reserved by Seminole County Expressway Authority and the Florida Department of Transportation shall be zoned C-1 Neighborhood Commercial. That portion within the reserved area established by the Seminole County Expressway Authority and/or the Florida Department of Transportation shall be zoned R-U Rural- Urban District. SECTION III - If arr:l section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or i.ng;:air the validity, force or effect of arr:l other section or portion of a section or sub-section or part of the Ordinance. SECTION IV - All Ordinances or parts of Ordinances in conflict herewi th are hereby repealed. OFFICIAL RECORDS BOOK 2021 PAGE 1350 SEMINOLE CO. FL. SECTION V - This Ordinance shall take effect inlnediately upon its final passage and adoption. Passed and adopted this 14th day of November, 1988. CITY OF WINTER SPRINGS LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING 8/22/88 POSTED 8/24/88 SECOND READING AND PUBLIC HEARING 9/26/88-Public Hearing continued until 11/14/88 THIS INSTRUMENT WAS PREPARED BY: JACQUELINE KOCH, CITY PLANNER CITY OF WINTER SPRINGS 1126 EAST S.R. 434 WINTER SPRINGS, FL 32708 OFFICIAL RECORDS BOOK 2021 PAGE 1351 SEMINOLE CO. FL. STENSTROM. McINTOSH. .JULIAN, COLBERT. WHIGHAM & SIMMONS. P.A. ATTORNEYS AND COUNSELLORS AT LAW DOUGLAS STENSTROM KENNETH W. MCiNTOSH NED N. .JULIAN. .JR. WILLIAM L. COLBERT FRANK C. WHIGHAM CLAYTON D. SIMMONS THOMAS E. WHIGHAM ROBERT K. MCiNTOSH MICHAEL E. GRAY October 6, 1988 SUN BANK. SUITE 22 200 WEST FIRST STREET POST OFFICE BOX '330 SANFORD, FLORIDA 32772-1330 SANf"ORD (407) 322.2171 ORLANDO (407) 834-5119 FAX (407) 330-237& Ms. Jackie Koch, Director Zoning & Planning Commission City Hall Winter Springs, Florida 32708 Dear Ms. Koch: Re: PINES OP TUSCAWILLA LAND USE AND REZONING Please continue the above pending matter presently before the City Commission of the City of Winter Springs, Florida, until November 14, 1988 or such earlier meeting as we shall designate. Our efforts to solve the right-of-way location matter with the Expressway authority of Seminole County are in daily progress. The City of winter Springs has been removed from the right-of-way arena. Thank you for your continued cooperation in this matter. Sincerely, STENSTROM, McINTOSH, JULIAN, COLBERT, WHIGHAM & SIMMONS, P.A. KWMc : 1mb The Orlando Sentinel Publiahed Dail , y Altamonte Springt, Seminole County, Florida ~tate of 1flori~m} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared ANGELA DERIADA , 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 II Notice Of Public Hearing in the matter of ORDINANCE NO. 440 in the Court, was published in said newspaper in the issues of September 11, 1988 Mfiant 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, 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 13th of S~r:D':9 N.OTARY PUBLIC, State of Flori a a Latgl! My Commission Expires M<<y 25. 1991 8ooodeoI By AMlRK:_ "Iof)!lIll R CAS,'ALH INS. en. Public ~~ ~ ADVERTISING CHARGE $34.72 day NOTICE OF PUBUC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN b): the City Commission of the City of Winter Springs, Florida, that said Commjssion WI" hOld a Public tWingon an ordi- nance entitled as foUows: ORDINANCE NO. lI40 AN ORDIlilANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE COMPREHEN- SIVE PLAN IN ACCORDANCE WITH FLORIDA STATUTES ~:~~~I~~t~ ~~~hW'~ / osmAl..'ClAs$lFlCA~; ~ VIQlNG FOR THe.ZQI\IING CATE- GOAlES Q;l1 AND R-U >FOR THE . PROPERTY ON Ttff:QFFICIAL ZONING MAP; seVERABILITY, CONFLICTS AND EFFECTIVE Thir:r~ Heari . "'~ be held 817:30 .onas~~~~~ Chamber,City Hall, 1126 EasI a.R. 434, Willi... SpringS, Fl ~. Copies of tile prOllOS8d ordinance are available in the ollice of the City Clerk for Inspection. Interested parties may I appear at this hearing and be heard with respect 10 this proposed ordinance. Parsons are advised thai if tIJ!ly decide to appeal any dilcision mai:le at this meeting. they win need a record of the proceedings and lor such purpose, they may need 10 ensure thai a velbatim re- cord of the proceedings is made which record includes the. testimony and evi- dence upon which the 8IlIl88l is to be based per .SeelIO" 286'.0105 Florida Statutes. .~~~~~ 'FlORIDA /81Marv T ,Nq.telr't ~ 1. NottolV .(:it). Clerk 'C' . LS-71O(&s) .... Sept11,l988 FORM NO. AD-264