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HomeMy WebLinkAboutOrdinance 2004-08 Zoning Map Designation ORDINANCE 2004-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF TUSCA TRAIL AND FISHER ROAD (a/k/a BIRD ROAD) IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "A-l AGRICULTURAL" TO CITY OF WINTER SPRINGS "R-Cl"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their February 4,2004 meeting; 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 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. City of Winter Springs Ordinance No. 2004-08 Page 1 of 3 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. Zoning Map Amendment. That the Official Zoning Map of the 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 Seminole County "A-1 Agricultural" to City of Winter Springs "R-C1" for the property legally described 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 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 immediately upon the effective date of Ordinance 2004-07 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-07 does not become effective, then this Ordinance shall become null and void. City of Winter Springs Ordinance No. 2004-08 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of March, 2004. John F. Bush, 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: February 23, 2004 Second Reading: March 8, 2004 Effective Date: See Section 5. G:\DocsICity of Winter SpringsIOrdinanceslZoning2004-08. wpd7 City of Winter Springs Ordinance No. 2004-08 Page 3 of 3 Exhibit "A" LOCATION MAP SUBJECT SITE LEGAL DESCRIPTION Commence at the Southeast Comer of Section 11, Township 21 South, Range 30 East, Seminole County, Florida, and run N. 88deg 47min l2sec W. along the South line of said Section 11,1452.00 feet; thence run N. OOdeg l4min 58sec E. 1401.63 feet; thence run N. 84deg 26min 5lsec W., 15.06 feet to the Point of Beginning; thence continue N. 84deg 26min 5lsec W. 489.52 feet to the easterly line of Fisher Road; thence S. 05deg 28min 34sec W. along said easterly line, 513.03 feet to a point on the arc of a curve concave to the west; thence southerly along said curve having a radius of 436.36 feet, a delta of 19deg 30min OOsec, an arc distance of 148.51 feet to a point of reverse curvature of a curve concave to the east; thence southerly along said curve, having a radius of 436.36 feet, a delta of 01deg 37min 26sec, an arc distance of 12.37 feet to the northerly line of a 30 foot easement (Tusca Trail); thence S. 66deg 37min 43sec E. along said line, 215.76 feet to a point of curvature of Exhibit "A" a curve concave to the north; thence easterly along said curve having a radius of 803.74 feet, a delta of 11 deg 09min 42sec, an arc distance of 162.42 feet; thence S 77deg 47min 24sec E., 210.31 feet; to a point of curvature of a curve concave to the northwest; thence northerly along said curve having a radius of20.00 feet, a delta of 101deg 57min 28sec, an arc distance of35.59 feet; thence N OOdeg 14min 58sec E., 775.59 feet to the Point of Beginning. TOGETHER WITH EASEMENT RIGHTS TO: TRACT "A" Commence at the S.E. comer of Section 11, Township 21 South, Range 30 East, Seminole County, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11, 1452.00 feet; Thence run N. OOdeg 14min 59sec E. parallel with the East line of the aforementioned Section 11, 568.916 feet to the S.W. comer of the "Richards" tract as described in O.R.B. 1231 at Page 601 ofthe Public Records of Seminole County Florida; Thence continue N. OOdeg 14min 58sec E. parallel with the East line of the aforementioned Section 11, along the West line of the "Richards" tract, 30.665 feet to the S.E. comer and the Point of Beginning of the tract about to be described, said point being the N.E., comer of New Tusca Trail; Thence run N. 77deg 47min 24sec W. along the Northerly line of New Tusca Trail, 40.014 feet; Thence run Easterly and Northerly along a curve concave Northwesterly, having for its elements a radius of20.00 feet, a central angle of 101deg 57min 28sec and a chord bearing ofN. 51deg 13min 47sec E. for an arc distance of35.591 feet; Thence run N. OOdeg 14min 58sec E., parallel with the East line of the aforementioned Section 11, 775.588 feet to the intersection with the Southerly line of the D.R. Mitchell survey of Levy Grant as recorded in Plat Book 1 at Page 5, Public Records of Seminole County, Florida; Thence run S. 84deg 26min 51sec E. along said Southerly line of the Levy Grant, 15.064 feet to the N.E. comer ofthe "Grindle" tract as recorded in O.R.B. 1976 at Page 904 of the Public Records of Seminole County, Florida; Thence run S OOdeg 14min 58sec W., parallel with the East line of the aforementioned Section 11, along the East line of said "Grindle" tract 802.055 feet to the Point of Beginning. Said parcel situated, lying and being in Seminole County, Florida. Exhibit "A" TRACT "B" NEW TUSCA TRAIL Commence at the S.B. comer of Section 11, Township 21 south, Range 30 East, Seminole county, Florida; Thence run N. 88deg 47min 12sec W. along the South line of said Section 11,1452.00 feet; Thence run NOOdeg 14min 58sec E., 568.916 feet to the S.W. comer of the "Richards" tract as described in a.R.B. 1231 at Page 601 of the Public Records of Seminole County, Florida, said point being the S.E. comer and the Point of Beginning of the tract about to be described; Thence N. 77deg 47min 24sec W. along the Westerly projection of the Southerly line of the aforementioned "Richard" tract, 256.673 feet to the P.C. of a curve concave Northerly; Thence run Westerly along said curve having for its elements a radius of 833.740 feet and a central angle of 11deg 09min 41sec for an arc distance of 162.415 feet; Thence run N.66deg 37min 43sec W. 214.718 feet to a point on the Easterly right-of-way line of Fisher Road; Thence run Northwesterly right-of-way line, along a curve concave Easterly, having for its elements a radius of 436.36 feet, a central angle of 03deg 56min 32sec and a chord bearing of N. 21deg 22min 52sec E., for an arc distance of30.024 feet; Thence run S. 66deg 37min 43sec E., 215.761 feet to the P.C. of a curve concave Northerly; Thence run Easterly along said curve, having for its elements a radius of 803.74 feet and a central angle of Ildeg 09min 41sec for an arc distance of 156.571 feet; Thence run S. 77deg 47min 24sec E., 250.319 feet to a point on the West line of the aforementioned "Richards" tract; Thence run S. OOdeg 14min. 58sec W. along said West line of the "Richards" tract, 30.665 feet to the Point of Beginning. Said lands situate, lying and being in Seminole County, Florida. NOTICE OF CHANGES TO THE FUTURE USE MAP AND ZONING MAP CITY OF WINTER SPRINGS NOTICE OF CHANGES TO THE FUTURE. LAND USE MAP AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GNEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE NO. 2004-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING. MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED AT THE NORtII$i\ST CORNER OF tHE INTERSECTION OF TUSCA TRAIL AND FISHER ROAD (alk/a BIRD ROAD) IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCOR- PORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "A-1 AGRICULTURAl.:' TO CITY OF WINTER SPRINGS "R-C1";PROVID- ING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. SUBJECT SITE MAP for ORDINANCES 2004-07 & 2004-08 PUBLIC HEARINGS FOR THE 2ND AND FINAL READINGS WILL BE HELD ON MONDAY, MARCH 8,2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances and the complete legal des9nptions of the prop- erties may be obtained by interested parties betweeh 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 partici- pate 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. These are public hearings. If you decide to appeal any recommendation or 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. Interested parties are advised that they may appear at the meet- ing and be heard with respect to the proposed ordinances. NOTICE OF CHANGES TO THE FUTURE LAND USE MAP AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE NO. 2004-07 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 PROP- ERTY CONSTITUTING A PARCEL OF 9.07 ACRES MORE OR LESS AND LOCAT- ED AT THE NORTHEAST CORNER OF THE INTERSECTION OF TUSCA TRAIL AND FISHER ROAD (a/kIa BIRD ROAD) IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LDR" TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPO- RATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP 'C' BELOW) ORDINANCE NO. 2004-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF TUSCA TRAIL AND FISHER ROAD (a/k/a BIRD ROAD) IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" , ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFER- . ENCE, FROM SEMINOLE COUNTY "A-1 AGRICULTURAL TO CITY OF WINTER SPRINGS "R-C1"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP 'c' BELOW) , MAP'C' ORDINANCES 2004-07 & 2004-08 PUBLIC HEARINGS WILL BE HELD ON MONDAY, FEBRUARY 23, 2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS FLORIDA The propose!i ordinances ~nd the comt>lete legal descriptions of the propert~es may be obtamed by mterested partles between g a.m. and 5 p'.m., Monday through Fnday at the City's Clerk's Office located at 1126 East State Roao 434, Winter Springs, Flonda. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these p'roceedings should contact the Emj)loyee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. These are public hearings. If you decide to appeal any recommendation/decision m!lde by the City Commission w~th respect to any matter considered at this meeting, you wlll need a record of the proceedmgs, and for SUCD purooses, you may' need to ensure that a verbatim record of the proceedings is made upon whlch the appeal is based. Interested parties are adyised that they may appear at the meeting and be fieard with respect to the proposed ordmances. '". .