HomeMy WebLinkAboutOrdinance 2001-25 Zoning/Moss Rd.
ORDINANCE 2001-25
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING
THE ZONING MAP DESIGNATION OF AN
APPROXIMATE 36.21 ACRE PARCEL OF LAND
GENERALLY LOCATED IN AND AROUND THE
INTERSECTION OF STATE ROAD 434 AND MOSS
ROAD FROM C-l "NEIGHBORHOOD COMMERCIAL"
TO R-3 "MULTI-FAMILY DWELLING" DISTRICT;
PURSUANT TO SECTION 166.041 FLORIDA
STATUTES; PROVIDING FOR AMENDMENT TO THE
OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY; CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City and Wyman Fields Foundation are currently in a private/public
partnership to rehabilitate 188 multi-family units around the Moss Road and State Road 434 area;
and
WHEREAS, Wyman Fields has currently rehabilitated some ofthe units and is currently in
the process of selling some units, however, the existing "Neighborhood Commercial" zoning map
designation on the property has made it difficult to secure title insurance, land acquisition and
development loans and end-loans to homeowners because the property consists of multi-family
housing and lenders and insurers are concerned that the "Neighborhood Commercial" designation
could someday undermine the residential nature of the multi-family project; and
WHEREAS, The Planning and Zoning Board, at its March 7, 2001 meeting, reviewed the
Staff Report, made findings and recommended to the City Commission approval of the request by
Wyman Fields Foundation for a change of Zoning Map classification from C-l "Neighborhood
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Ordinance No. 2001-25
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Commercial" to R-3 "Multi-Family Dwelling" District, which is consistent with the multi-family
project being completed on the Property; and
WHEREAS, the City Commission ofthe City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
the Planning and Zoning Board, 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 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.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Zoning Map Amendment. That the Official Zoning Map ofthe City of Winter
Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to include
a change of classification from C-1 "Neighborhood Commercial" to R-3 "Multi-Family Dwelling"
District zoning classification, for the property legally described and depicted on Exhibit" A", which
is attached and incorporated herein by this reference. City Staff is hereby directed to promptly
amend the Official Zoning Map upon the effective date of this Ordinance.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
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Ordinance No. 2001-25
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resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 5. Effective Date. This ordinance shall become effective upon the effective date of
Ordinance 2001-24. If Ordinance 2001-24 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 the 26th day of March, 2001.
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading: March 21, 2001
Second Reading: March 26, 2001
Effective Date: March 26, 2001
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City of Winter Springs
Ordinance No. 2001-25
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EXHIBIT 1