HomeMy WebLinkAboutOrdinance 2002-02 Zoning/Nursery Road
ORDINANCE NO. 2002-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING DESIGNATION OF THE REAL PROPERTY
GENERALLY LOCATED ON NURSERY ROAD EAST OF
U .S. HIGHWAY 17 /92, LEGALLY DESCRIBED ON EXHIBIT
"A" ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, AND REFERRED TO AS
THE NURSERY ROAD PROPERTY, FROM (SEMINOLE
COUNTY) C-3 "GENERAL COMMERCIAL AND
WHOLESALE DISTRICT," R-2 "ONE AND TWO FAMILY
DWELLING" AND R-I "SINGLE FAMILY DISTRICT" TO
(CITY OF WINTER SPRINGS) C-2 "COMMERCIAL
DISTRICT"; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, on March 7,2001, 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, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY
ORDAINS AS FOLLOWS:
Section I. 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 C-3 "General Commercial and Wholesale
District," R-2 "One and Two Family Dwelling" and R-l "Single Family District" to City of Winter
Springs C-2 "Commercial District." 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 prior 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resolutions in conflict herewith, are hereby repealed to the extent of the conflict.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
City of Winter Springs
Ordinance No. 2002-02
Page 1 of 2
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 4. Effective Date. This Ordinance shall become effective immediately upon Ordinance
No. 2002-01 becoming effective. If Ordinance No. 2002-01 does not become effective, then this
Ordinance shall be deemed null and void. In addition, the effective date of this ordinance is
contingent upon the recording of the Binding Development Agreement between the City of Winter
Springs and Wayne P. Reece for the subject property, dated July 8, 2002.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 8th day of July ,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: June 24, 2002
Second Reading: July 8, 2002
Effective Date: See Section 4.
City of Winter Springs
Ordinance No. 2002-02
Page 2 of 2
EXHIBIT "A"
Legal Description
LEGAL DESCRIPTION
LOT 19 AND THE WESTERNLY ONE-HALF OF GRACE AVENUE ABUTTING LOT 19.
ENTZINGER FARMS ADDITION NO.3 AS RECOROED IN PLAT BOOK 6. PAGE 27.
PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA.
PARCEL #1: WESTERLY 500 FEET OF LOT 19 (LESS SLY 165 FEET AND SLY
235 FEET OF WLY 170 FEET) ENTZINGER'S FARM ADDITION #3. ACCORDING
TO THE PLAT THERE OF RECORDED AMONG THE PUBLIC RECORDS OF SEMINOLE
COUNTY. FLORIDA.
PARCEL #2 THAT PART OF LOT 19. ENTZINGER FARM'S ADDITION NO.3.
RECORDED IN PLAT BOOK 6. PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE.
COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 19. THENCE N84o09'38"E.
500.00 FEET ALONG THE NORTH LINE OF SAID LOT 19 FOR A POINT OF BEGINNING;
THENCE S05'50'30'W. 156.11 FEET ALONG A LINE PARALLEL WITH AND 500.00
FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 19. SAID 500.00 FEET
BEING MEASURED ALONG THE NORTH LINE AND ALONG THE SOUTH LINE OF SAID
LOT 19. THENCE N8so30'33"E. 31.91 FEET; THENCE NO5"56'57"W. 153.63 FEET
TO THE POINT OF BEGINNING.
PARCEL #3: NORTHERLY 70 FEET OF SOUTHERLY 235 FEET OF WESTERLY 170
FEET OF LOT 19. ENTZINGER FARMS. ADDITION NO.3. ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS
OF SEMINOLE COUNTY. FLORIDA.
LOTS 1 &. 12. BLOCK D. TALMO SUBDIVISION. PLAT BOOK 9. -PAGE 10
Received: 1/31/02 3:13PM;
BROWN,WARD,SALZMAN&WEISS,PA; Page 21
JAN-31-2002 15:07
P.21
Map of Subject Properties
CITY OF LONGWOOD
US HWY 17/92
UNINCORPORATED SEMINOLE COUNTY
FLORIDA AVE.
CITY OF WINTER SPRINGS
NURSERY ROAD
DIAGRAM
NOTICE OF LAND USE CHANGE
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT THE FOLLOWING ORDINANCE:
ORDINANCE NO. 2002-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND
USE MAP DESIGNATION OF THE REAL PROPERTY GENERAL-
LY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY
17/92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS REF-
ERENCE, AND REFERRED TO AS THE NURSERY ROAD PROP-
ERTY, FROM (SEMINOLE COUNTY) "COMMERCIAL, INDUSTRI-
AL AND LOW-DENSITY RESIDENTIAL" TO (CITY OF WINTER
SPRINGS) "INDUSTRIAL"; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
A PUBLIC HEARING ON THE ORDINANCE WILL BE
HELD ON FEBRUARY 11, 2002 AT 6:30 P.M.
AT THE CITY COMMISSION CHAMBERS
LOCATED AT
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed 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,
Extension 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 recommenda-
tion/decision made by the City Commission with respect to any
matt.er considered at this meeting, you will need a recprd of the
proceedings, and for such purposes, you may need to ensure
that a verbatim record of the proceedings is made upon which
the appeal is based.
ANDREA LORENZO-LUACES
CITY CLERK
NOTICE OF ZONING CHANGE
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT THE FOLLOWING ORDINANCE:
ORDINANCE NO. 2002-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, CHANGING THE ZONING DES-
IGNATION OF THE REAL PROPERTY GENERALLY LOCATED
ON NURSERY ROAD EAST OF U.S. HIGHWAY 17/92, LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, AND
REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM
(SEMINOLE COUNTY) C-3 "GENERAL COMMERCIAL AND
WHOLESALE DISTRICT" AND R-1 "SINGLE FAMILY DISTRICT"
TO (CITY OF WINTER SPRINGS) C-2 "COMMERCIAL DIS-
TRICT", PROVIDING FOR SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
A PUBLIC HEARING ON THE ORDINANCE WILL BE'
HELD ON FEBRUARY 11, 2002, AT 6:30 PM
AT THE CITY COMMISSION CHAMBERS
LOVATED AT
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be inspectd by interested parties
between 8 am and 5 pm, 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,
Extension 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 descide to appeal any recommenda-
tion/decision made by the City Commission with respect to any
matter considered at this meeting, you will need a record of the
proceedings, and for such purposes, you may need to ensure
that a verbatim record of the proceedings is made upon which
the appeal is based.
ANDREA LORENZO-LUACES
CITY CLERK
NOTICE OF LAND USE AND
ZONING CHANGE
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT THE FOLLOWING ORDINANCES:
ORDINANCE NO. 2002-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIG-
NATION OF THE REAL PROPERTY GENERALLY LOCATED ON NURS-
ERY ROAD EAST OF U.S. HIGHWAY 17/92, LEGALLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN
BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD
PROPERTY, FROM (SEMINOLE COUNTY) "COMMERCIAL, INDUSTRIAL
AND LOW-DENSITY RESIDENTIAL" TO (CITY OF WINTER SPRINGS)
"INDUSTRIAL"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
ORDINANCE NO. 2002-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, CHANGING THE ZONING DESIGNATION OF THE
REAL PROPERTY GENERALLY LOCATED ON NURSERY ROAD EAST OF
U.S. HIGHWAY 17/92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE,
AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMI-
NOLE COUNTY) C-3 "GENERAL COMMERCIAL AND WHOLESALE DIS-
TRICT" AND R-1 "SINGLE FAMILY DISTRICT" TO (CITY OF WINTER
SPRINGS) C-2 "COMMERCIAL DISTRICT"; PROVIDING FOR SEVER-
ABILITY; CONFLICTS AND AN EFFECTIVE DATE.
EXHIBIT "A"
SUBJECT
PROPERTY
A PUBLIC HEARING
ON THE ORDINANCES WILL BE
HELD ON JUNE 24, 2002 AT 6:30 P.M.
AT THE CITY COMMISSION CHAMBERS
LOCATED AT
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed 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, Extension 227. Persons with disabilities
needing assistance to participate in any of these proceedings should
contact the Emplbyee Relations Department Coordinator, 48 hours in
advance of the meeting at (407) 327-1800, Extension 236. This is a pub-
lic hearing. If you decide to appeal any recommendation/decision made
by the City Commission with respect to any matter considered at this
meeting, you will need a record of the proceedings, and for such pur-
poses, you may need to ensure that a verbatim record of the proceedings
is made upon which the appeal is based.
ANDREA LORENZO-LUACES
CITY CLERK
NOTICE OF LAND USE CHANGE
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT THE FOLLOWING ORDINANCE:
ORDINANCE NO. 2002-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND
USE MAP DESIGNATION OF THE REAL PROPERTY GENERAL-
LY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY
17/92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS REt'-
ERENCE, AND REFERRED TO AS THE NURSERY ROAD PROP-
ERTY, FROM (SEMINOLE COUNTY) "COMMERCIAL, INDUSTRI-
AL AND LOW-DENSITY RESIDENTIAL" TO (CITY OF WINTER
SPRINGS) "INDUSTRIAL"; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
A PUBLIC HEARING ON THE ORDINANCE WILL BE
HELD ON FEBRUARY 11, 2002 AT 6:30 P.M.
AT THE CITY COMMISSION CHAMBERS
LOCATED AT
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed 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,
Extension 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 recommenda-
tion/decision made by the City Commission with respect to any
matt.er considered at this meeting, you will need a recprd of the
proceedings, and for such purposes, you may need to ensure
thata verbatim record of the proceedings is made upon which
the appeal is based.
cJ;RFAL~~
CITY CLERK
NOTICE OF ZONING CHANGE
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT THE FOLLOWING ORDINANCE:
ORDINANCE NO. 2002-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, CHANGING THE ZONING DES-
IGNATION OF THE REAL PROPERTY GENERALLY LOCATED
ON NURSERY ROAD EAST OF U.S. HIGHWAY 17/92, LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, AND
REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM
(SEMINOl ~ COUNTY) C-3 "GENERAL COMMERCIAL AND
WHOLESALE DISTRICT" AND R-1 "SINGLE FAMILY DISTRICT"
TO (CITY OF WINTER SPRINGS) C-2 "COMMERCIAL DIS-
TRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
A PUBLIC HEARING ON THE ORDINANCE WILL BE
HELD ON FEBRUARY 11, 2002 AT 6:30 P.M.
AT THE CITY COMMISSION CHAMBERS
LOCATED AT
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed 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,
Extension 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 recommenda-
tion/decision made by the City Commission with respect to any
matter considered at this meeting, you wili need a record of the
proceedings, and for such purposes, you may need to ensure
that a verbatim record of the proceedings is made upon which
the appeal is based.
cJ;RFAL~-
CITY CLERK