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Home My WebLink AboutOrdinance 2001-58 Rezoning/Dovera Drive ORDINANCE NO. 2001-58 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA REZONING A PARCEL OF LAND APPROXIMATELY 49.551 ACRES, MORE OR LESS, WHICH IS LOCATED GENERALLY ON DOVERA DRIVE NEAR THE INTERSECTION OF RED BUG LAKE DRIVE AND THE CENTRAL FLORIDA GREENWAY AND ALSO KNOWN AS PARCEL 14 OF THE OVIEDO MARKETPLACE DRI FROM SEMINOLE COUNTY ZONING DESIGNATION "PLANNED UNIT DEVELOPMENT" TO CITY OF WINTER SPRINGS ZONING DESIGNATION "PLANNED UNIT DEVELOPMENT"; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 3,2001, the Planning and Zoning Board recommended approval of this rezoning based on the testimony and information presented before the Board; and WHEREAS, based on the recommendation of City staff, the Planning and Zoning Board, and review of the competent substantial evidence presented to the City Commission on this rezoning application, the City Commission hereby finds that rezoning the subject real property as set forth herein constitutes a legitimate public purpose; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Zoning Designation Amended. The zoning designation of the real property legally described and depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference, is hereby amended from Seminole County "Planned Unit Development" to City of Winter Springs "Planned Unit Development." Upon the effective date of this Ordinance, City Staff is hereby instructed to amend the Official Zoning Map of the City of Winter Springs to fully reflect this amendment. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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 City of Winter Springs Ordinance No, 2001-58 Page 1 of 2 a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon Ordinance No. 2001-45 becoming effective. If Ordinance No. 2001-45 does not become effective, then this Ordinance shall be deemed null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of January, 2002. 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: December 10, 2001 Second Reading: January 14, 2002 Effective Date: See Section 4. City of Winter Springs Ordinance No. 2001-58 Page 2 of 2 Exhibit "A" Page 1 Metes & Bounds Legal Description Legal Description LEGAL DESCRIPTION A TRACT OF LAND LYING IN SECTION 17. TOWNSHIP 21 SOl1T:-i. RANGE 31 EAST DESCRISED AS FOLLOWS: COMMENCE AT THE N.ORTHEAST CORNER OF lOT 12. OVIEDO CROSSiNG _ PHASE lS, ACCOROING TO THE PlAT THEREOF AS RECORDED IN ?!.AT BOOK 47, ?AGES 80, 81, 82. AND 83 OF THE PUBUC RECORCS OF SEMINOLE COUNTY, AS THE POINT OF BEG1NNJNG; THENCE RUN THE FOLLOWING COURSES ALONG ntE NORTH UNE OF SAIDlar 12; NORTH 72046'44" WEST. 63.09 FEET; sourri 1i3005~12" WEST, 61.20 fC..::t; SOUTH 53050'30" EAST, 4.28 FEET;\SOUTH. 16008'58" eAST,. Z5,8s. Fer; gount 36003'21" EAST, 19.28 FEET;. SO.lITH 16006"18:' WEST, lalS. FEET; SOUTH 17013'24" EAST, 23.03 FEET; SOUTH 62Q~25. wEsT, 24.8.6- FEET; SOUTH 65039'42" WEST, 22.91 FEeT; SOUTH 4005l'2r weslt, 19.28 t=EET.; SOUlli 1404t'54~ WEST, 39.45 FEET; SOUTH 07028'11. WEST, .53.00 FEET; SOUTIi 0305.._'47. EAST, 17,73 fEET; SOUTli 04032'01- WEST. 32.26 FEET; SOUTH 10023'42" EAST, 27.27 FEET; SOUTH 21025'56- EAST, 25.94 FEET; SOUlli 57013'53" EAST, 26.73 FEET; SOlITH 22030'24- EAST, 30.0-2 fEeT; SOUlli 17032'14" WEST, 34.51 FEeT; SOUTH 120~08. WEST,.35.11 FE..q: SOUTIi.20039-55" EAST. 50.30 FEET; SClfTH 14041'38" WEST, 33.Q1' FEET; SOunt 380~47- wEsT, 36.55 FEET; SOUTH 690~30- WEST, JO.n FEEJ:; SOUTH 83013'35- WEST, 31.96 F.EET; NORTH 83026"48- WEST, 29-09 FEET; SOllTH 86040"10- WEST, 122.80 'FEET; NORTH 87033'11" WEST, 45.67 FEET; SOUTH 6902:1"35- werr, 21.26 FEET; NORTH. 87032'4&"' WEST, 14&71 FEET; TH~tE, DE?ARrlNG SAlD NORTH UNE OF toT 12. RUN NORtH 5702.4'04- EAST, 29.61 FEET; lliEt:lCS RUN .NORTH 00047'25" EAST, 484.48 FEET TO A CURVE CONCAVE NORTHERLY; THENCE RUN W5STERL Y AND THEN NOR7HEnL Y ALONG SA:D CURVE. HAVING A RAQIUSLENGTHOF 750.00 FeET, A CENTiUl ANGL: OF 138048-'54-, AN MC lENGTH OF 1S17.09.FEET, A CHORD LENGTH OF 1404.16 ~l:..CT. AND A O'.oRD BEARlNG OF NOR1li 19"16'44- WEST; THENCE RUN NORTH 43050'01- EAST, 419.30 FEET TO THE SOUTHE\1.Y UN.E OF niSCAWlUA UNIT 7, ACCORDING 1-Y THE PlAT lHERECF, AS RECOACED IN PlAT BOOK 22.. PAGES 46 AND 47 OF lltE PUBUC RECORDS OF SEMINOlE COUNl:Y, R.ORlDA;. lrtENCE RUN AlONG tHe SOUTHSU.Y UNE 01= SAID TUSKAWTUA UNIT 7~ SOllTH 7000o-zs-EAST, 664.21 FEET TO Tn!: SOUlliEAST roANS OF SAID' PlAT; THENCe RUN SOUTH 01007'52'" EAST, 319.02 FEET; 'TH8'lCE RUN SOUTH. 89037"40-" EAsT, 520.75 FEET: lltENCE RUN sourrf 14032'19- EAST, l69.91 FEET: THENeE RUN SOUTH 7102Q"10- EAST, 164.74 FEET TO A PQINT ON THE WESTEnLY RlGHl'-oF-WAY OF THE PROPOSED OVIEDO CROSSING TERRACE; lliENCE RUN ALONG SAID ?ROP9SED WEST RtGHT-QF-WAY UNE THE FOUOwtNG COURSES; scum 55015'44- WEST, 200.22 ~c:-q TO A CURVE CONCAVE SOVT.HEAST6U.Y; THENq! Rtm SOUTHWESTERLY AlONG SAID a.mvE HAVING A RADSUS LENGTH OF 950.00 FEET, A CENTRAL ANGLE OF 19006"05-, AN ARC lENGTH OF 316.11 r8::l, A OiCRD LENGTH OF 315.25 f:C.I,' AND A . CiORO BEARING OF SOUTI-i 45042'41" WEST; THENCE RUN SOUlH 36009'39- WEST, 275.09 Fc.:;l TO A CURVE CCNCAVE SOllTHEASTERlY; ll-fENCE. RUN SOvrHWESTERlY ALONG SAID CURVE HA VlNG A RADIUS LENG1l-f OF 800.00 rc:-q, A CBfTRA!. ANGLE . OF 17048'35-. AN. ARC L!:NGTH OF 248.57 FEET. A CHORD L3':l~ OF 247$7 FEET, AND A OiORD BEAmNG OF SOUTH 270'15'2r WEST TO THe A;:QRESA1D NORTHEAST CORNER OF LOT 12 AND' rue. POINT 0F BEGINNING. THE ABOVE DESOUBED TnACT OF. lA."lO UES fN SEMINOLE COUNTY, A..ORlOA ANO CCKr -;"NS 4$.551 ACRES, MORE OR LESS. .' :;;-;ji.i~rf.~t~~~;.\!::.-. c)(n,h,1- "A-.1\ p~;)-. ... .&u-not,vy ~,e..-h~ OIUIy . . --I " ., I oviedo marketplace 'CD >. 't:: ,.0 ~ \00- eD . . b ~ 0 --... --- \ ~,~:~..---..------ '.. #" 0-~"'. '''~ t'\. \) .-;.f. " ___'''''_" ...... ____._.. u . . . - _.'9._ ..,~. ..tJj;-...~.-J_.__.~_=---._._.___...______..,. . - -:". - ... <>.'V. . _ _.' _ .. _ bV , . <<:--flJ. . ( -------- RetalVOffice ~ ,?'~ \. ~. t?, ~ .-....- .' --- 1.._. ........_ . OL"TTIHG I"CIUOH 1t."CH... 4..GLIN Lor8Z "'N8H""'T Legend: =- -.;: Site BOUndary - Parcel f 4 - - - - Oviedo Marketplace Property - __ Wetland Preservation Area ......'~:J Upland Preservation Area Upland Enhancemenc Area Retail/Office 160,000 Square Feet Scale In Feet f o SOUIte: P.f.CJMan:h 200 I I 400 800 \( ~ d 0 111 ;'1 do' I n I ') { . ( . Drainage Easemcm 250' Secoack from Residencial r.. '" '" -. 'iii' Notttt CD . ,..,. I NOTICE OF ZONING CHANGE THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE: ORDINANCE NO, 2001-58 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMI- NOLE COUNTY, FLORIDA, CHANGING THE ZONING DESIG- NATION OF THE REAL PROPERTY GENERALLY DESCRIBED AS A 49.55 ACRE TRACT LOCATED ON DOVERA DRIVE, NORTH OF RED BUG.LAKE ROAD, WITHIN THE OVIEDO MAR- KETPLACE PROJECT, MORE PARTICULARLY LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED UNIT DEVELOPMENT DISTRICT" TO CITY OF WINTER SPRINGS "PLANNED UNIT DEVELOPMENT DISTRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE, A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON JANUARY 14,2002 AT 6:30 P.M_ IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL '1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327- 1800, Extension 236. This is a public hearing. If you decide to appeal any recomme~dation/decision made by the City Commission with respect to any matter considered at this meet- ing, you will need a record of the proceedings, and for such 'pur- poses, you may need to ensure that a verbatim record of the pro- ceedings is made upon which the appeal is based. Andrea Lorenzo-Luaces City Clerk ~