HomeMy WebLinkAboutOrdinance 2002-11 Milky Way/Trotwood Blvd.
ORDINANCE NO. 2002-11
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONTAINING TWO TRACTS OF LAND
TOTALING 1.24 ACRES MOREORLESSAND GENERALLY
LOCA TED WEST OF TUSCA WILLA ROAD, BETWEEN
MILKY WAY AND TROTWOOD BOULEVARD AND MORE
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE
COUNTY "MEDIUM DENSITY RESIDENTIAL"
CLASSIFICATION TO CITY OF WINTER SPRINGS "LOW
DENSITY RESIDENTIAL" CLASSIFICATION; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1)( c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on March 6, 2002, in accordance with the procedures in Chapter 163, Part II, Florida
Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
City of Winter Springs
Ordinance No. 2002-11
Page 1 of 4
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs 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 COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
Recitals.
The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2.
Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3.
Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
Section 4.
Adoption of Amendment to the Future Land Use Map. The City of
Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the
real property depicted on Exhibit "A" from Seminole County "Medium Density Residential" to City
of Winter Springs "Low Density Residential." Exhibit "A" is attached hereto and fully incorporated
herein by this reference.
City of Winter Springs
Ordinance No. 2002-11
Page 2 of 4
Section 5.
Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(1)(c)( 4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6.
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 7.
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 8.
Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9.
Effective Date and Legal Status of the Plan Amendment. The effective
date ofthis Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section
163.3187(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance, then this
Ordinance shall become effective at such time the Florida Department of Community Affairs or the
Administration Commission issues a final order determining the adopted small scale Comprehensive
City of Winter Springs
Ordinance No. 2002-11
Page 3 of 4
Plan Amendment is in compliance. No development orders, development permits, or land use
dependent on this Amendment may be issued or commenced before it has become effective. After
and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein
shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the
Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as
amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of June, 2002.
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the Cit Winter Springs only:
Anthony A. Garganese, City A
First Reading: April 8, 2002
Second Reading: June 10. 2002
Effective Date: See Section 9
City of Winter Springs
Ordinance No. 2002-11
Page 4 of 4
EXHIBIT "A"
MAP OF SUBJECT PROPERTIES
OAK FOREST UNIT 7, TUSCAWILLA PUD
Exhibit A-1
LEGAL DESCRIPTION
THAT UNNAMED RIGHT OF WAY LYING SOUTH OF LOTS 55, 58, 59,62, AND 63; SOUTH
OF UNNAMED RIGHT -OF-WAY BETWEEN LOTS 55 AND 59 AND BETWEEN LOTS 59
AND 62; WEST OF TUSKAWILLA ROAD PHASE IV AND EAST OF THE WEST LINE OF
TUSKAWILLA AS SHOWN ON D. R MITCHELL'S SURVEY OF THE MOSES E. LEVY
GRANT AS RECORDED IN PLAT BOOK 1 AT PAGE 5 OF TIIE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
Exhibit A-2
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant per Plat Book 1,
Page 5, Seminole county, Florida b eing more particularly described as follows:
Beginning at the northeast corner of Lot 729, Oak Forest Unit Seven, as
recorded in Plat Book 39, Pages 16 & 17, Seminole county, Florida run N
14'05'30"E along the northerly extension of the easterly line of said Lot 729,
33.38 feet to the south line of 30 foot platted right of way as shown on the
aforesaid DE.R. Mitchell's Survey of the Levy Grant; thence N 87'05'21" W along
said south line, 159.49 feet to a point on the northerly extension of the
westerly line of aforesaid Lot 729; thence S 312 13 30 W along said northerly
extension, 31.39 feet to the northwest corner of said Lot 729;. thence S
84 5130 E along the northerly line of said Lot 729, 173.84 feet to the POINT
OF BEGINNING.
Containing 0.19 acres more or less
For Patrick E. Mahoney
Note: Mr. Mahoney descided not to
purchase the property north of
him.
Exhibit A-3
That portion of Lot 73, D.R. Mitchell Survey of the Levy Grant per Plat Book 1
Page 5, Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 730, Oak Forest Unit Seven, as
recorded in Plat Book 39, Pages 16 & 17, Seminole County, Florida run N
311 13 30 E along the northerly extension of the easterly line of said Lot 730
51.79 feet to the south line of 30 foot platted right of way as shown on the
aforesaid D.R. Mitchell's Survey of the Levy Grant' thence N 870521 W along
said south line, 148.24 feet to a point on the northerly extension of the
westerly line of aforesaid lot 730; thence S 050830 W along said northerly
extension, 40.75 feet to the northwest corner of Lot 730; thence S 845130 E
along the northerly line of aid Lot 730. 125.36 feet to the POINT OF
BEGINNING.
Containing 0.14 acres more or less
For BRIAN, JAMES, & RITA OLIVER
5/2/01
Exhibit A-4
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant per Plat Book 1, Page 5
Seminole county, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 731, Oak Forest Unit Seven, as recorded in Plat
Book 39, Pages 16 & 17, Seminole County, Florida run N 050830 E along the northerly
extension of the easterly line of said Lot 731, 40.75 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line. 7506 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 731; thence S 050830 W along said northerly extension
3783 feet to the northwest corner of said Lot 731; thence S 845130E along the northerly
line of said Lot 731, 75.00 feet to the POINT OF BEGINNING.
Containing 0.07 acres more or less
SKETCH OF LEGAL DESCRIPTION
For: Albert F. Murro
Bernadette A. Murro
Exhibit A-5
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant per Plat Book 1, Page 5
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 732, Oak Forest Unit Seven, as recorded in Plat
Book 39. Pages 16 & 17, Seminole County. Florida run N 05'08'JO' f along the northerly
extension of the easterly line of said Lot 732. 37.83 feet to the south line of a 30 foot
platted right 01 way as shown on the of way as shown on the aforesaid D.R. Mithcell's Survey of the Levy Grant:
thence N 87'05'21- W along said south line. 75.06 feet to the point on the northerly extension
of the westerly line 01 aforesaid Lot 732; thence S 050830 W along said northerly extension,
34.90 feet to the northwest corner of said Lot 732; thence S 845130 E along the northerly
line of said Lot 732, 75.00 feet to the POINT OF BEGINNING
Containing 0.06 acres more or less
SKETCH OF LEGAL DESCRIPTION
for: Michael W. Tackaberry
Sharon A. Tackaberry
Exhibit A-6
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 733, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extension of the easterly line of said Lot 733, 34.90 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 75.06 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 733, thence S 050830 W along said northerly extension
31.98 feet to the northwest corner of said Lot 733; thence S 845130 E along the northerly
line of said Lot 733, 75.00 feet to the POINT OF BEGINNING.
Containing 0.06 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
Ui Nam Park
Young Mee Park
Exhibit A-7
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 734, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extension of the easterly line of said Lot 734, 31.98 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 75.06 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 734, thence S 050830 W along said northerly extension
29.06 feet to the northwest corner of said Lot 734; thence S 845130 E along the northerly
line of said Lot 734, 75.00 feet to the POINT OF BEGINNING.
Containing 0.05 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
Hans Hudtwalcker
EXHIBIT A-8
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 735, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extension of the easterly line of said Lot 735, 29.06 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 75.06 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 735, thence S 050830 W along said northerly extension
26.14 feet to the northwest corner of said Lot 735; thence S 845130 E along the northerly
line of said Lot 735, 75.00 feet to the POINT OF BEGINNING.
Containing 0.05 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
ERNEST R. BATTEE
ELAINE M. BATTEE
EXHIBIT A-9
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 736, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extyension of the easterly line of said Lot 736, 26.14 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 75.06 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 736, thence S 050830 W along said northerly extension
23.22 feet to the northwest corner of said Lot 736; thence S 845130 E along the northerly
line of said Lot 736, 75.00 feet to the POINT OF BEGINNING.
Containing 0.04 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
CHARLES A. HAUM, JR
JAME M HAUM
EXHIBIT A-10
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 737, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extension of the easterly line of said Lot 737, 23.22 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 75.06 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 737, thence S 050830 W along said northerly extension
20.30 feet to the northwest corner of said Lot 737; thence S 845130 E along the norhterly
line of said Lot 737, 75.00 feet to the POINT OF BEGINNING.
Containing 0.04 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
JOHN SEALE
ELIZABETH E. SEALE
EXHIBIT A-11
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 738, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extyension of the easterly line of said Lot 738, 20.30 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 75.06 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 738, thence S 050830 W along said northerly extension
17.37 feet to the northwest corner of said Lot 738; thence S 845130 E along the northerly
line of said Lot 738, 75.00 feet to the POINT OF BEGINNING.
Containing 0.03 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
ENON S. WINKLER
EXHIBIT A-12
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 739, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extyension of the easterly line of said Lot 739, 17.37 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 75.06 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 739, thence S 050830 W along said northerly extension
14.45 feet to the northwest corner of said Lot 739; thence S 845130 E along the northerly
line of said Lot 739, 75.00 feet to the POINT OF BEGINNING.
Containing 0.03 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
JESSE C. VANDERGRIFF
BONNIE J. VANDERGRIFF
EXHIBIT A-13
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 740, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extyension of the easterly line of said Lot 740, 14.45 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 112.38 feet to a point on the northerly extension
of the westerly line of aforesaid Lot 740, thence S 124424 W along said northerly extension
10.59 feet to the northwest corner of said Lot 740; thence S 845130 E along the northerly
line of said Lot 740, 109.04 feet to the POINT OF BEGINNING.
Containing 0.03 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
DEBORAH H. GOODNOUGH
EXHIBIT A-14
That portion of Lot 73, D.R. Mitchell's Survey of the Levy Grant, per Plat Book 1, Page 5,
Seminole County, Florida being more particularly described as follows:
Beginning at the northeast corner of Lot 740, Oak Forest Unit Seven as recorded in Plat
Book 39, Pages 16 & 17, Seminole county, Florida run N 050830 E along the northerly
extension of the easterly line of said Lot 741, 10.59 feet to the south line of a 30 foot
platted right of way as shown on the aforesaid D.R. Mitchell's Survey of the Levy Grant;
thence N 870521 W along said south line, 94.99 feet to the west line of 30 foot platted right of way as shown on the said
D.R. Mitchell's Survey of the Levy Grant; thence S 033449 W. 6.38 feet to a point on the north line of aforesaid Lot 741, thence S
845130 E along said north line, 98.00 feet to the POINT OF BEGINNING.
Containing 0.02 acres more or less
SKETCH OF LEGAL DESCRIPTION
FOR:
DEBORAH H. GOODNOUGH
EXHIBIT A-15
NOTICE OF LAND USE CHANGE
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT THE FOLLOWING ORDINANCE:
ORDINANCE NO. 2002-11
AN ORDINANCE OF THE. CITY OF THE CITY COMMISSION
OFTHE CITY OF WINTER SPRINGS, FLORIDA ADOPTING A
SMALL SCALE FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONTAINING TWO TRACTS OF LAND TOTAL-
ING 1.24 ACRES MORE OR LESS AND GENERALLY LOCAT-
ED WEST OF TUSCAWILLA ROAD, BETWEEN MILKY WAY
AND TROTWOOD BOULEVARD AND MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO FROM SEMINOLE COUNTY "MEDIUM
DENSiTY RESIDENTIAL" CLASSIFICATION TO CITY OF
WINTER SPRINGS "LOW DENSITY RESIDENTIAL" CLASSI-
FICATION; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PRO-
VIDING FOR INCORPORATION INTO THE COMPREHEN-
SIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVID-
ING FOR AN EFFECTIVE DATE.
A PUBLIC. HEARING
ON THE PROPOSED ORDINANCE WILL BE
HELD ON MAY 13, 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
EXHIBIT "A"
The ordinance may be inspected or obtained by interest-
ed parties between the hours of 8 a.m. and 5 p.m.,
Monday through Friday, at the City's Clerk's Office, locat-
ed 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 recom-
mendation/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 purpos-
es, you may need to ensure that a verbatim record of the
proceedings is made upon which the appeal would be
based.
ANDREA LORENZO-LUACES
CITY CLERK