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Home My WebLink AboutOrdinance 2007-25 Zoning Florida/Lake LucerneORDINANCE 2007-25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF FOUR (4) PARCELS OF REAL PROPERTY GENERALLY LOCATED ALONG FLORIDA AVENUE AND LAKE LUCERNE CIRCLE IN WINTER SPRINGS, FLORIDA AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, FROM "C-2 GENERAL COMMERCIAL" TO "PUD PLANNED UNIT DEVELOPMENT"; ZONING CERTAIN RIGHT-OF-WAY LEGALLY DESCRIBED IN EXHIBIT "A" AS "PUD PLANNED UNIT DEVELOPMENT" UPON VACATION OF SAID RIGHT-OF-WAY BY SEMINOLE COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their November 7, 2007 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. 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. City of Winter Springs Ordinance No. 2Q07-25 Page 1 of 3 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 "C-2 General Commercial District" to "PUD Planned Unit Development" for the four(4) parcels of real 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. Zoning Designation for Vacated Right-of--Way. The City Commission acknowledges that Seminole County is currently evaluating an application to vacate the public rights- of-way constituting a portion of Florida Avenue and another unnamed platted right-of--way along the eastern side of the subject property ("Rights-of-Way"). The Rights-of--Way are depicted and legally described on Exhibit "A," attached hereto and fully incorporated herein by this reference. The City Commission hereby establishes that the Rights-of Way shall be zoned "PUD Planned Unit Development" contingent upon vacation of the Rights-of--Way by Seminole County. Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective immediately upon adoption, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS} City of Winter Springs Ordinance No. 2007-25 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of December 2007. ~~ ~ ~ J n F. Bush, Mayor AT . EST: orenzo-Luaces, City Clerk Approved as legal form and sufficiency for the City in er Springs only: Anthony A. Garganese, City Attorney First Reading: November 26, 2007 Second Reading: December 10, 2007 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2007-25 Page 3 of 3 Exhibit `A' Ordinance 2007-25 Parcel ID # 33-20-30-503-0000-025A: Lot 25 (less the west 204.42 feet of the south 341.94 feet) ENTZMINGER FARMS ADDITION NO. 3, according to the plat thereof recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Contains 6.179 acres, more or less. Parcel ID # 33-20-30-503-0000-0250: The west 204.42 feet of the south 341.94 feet of Lot 25 and the east 25.00 feet of the south 200.00 feet of Lot 24, all of ENTZMINGER FARMS ADDITION NO. 3, according to the plat thereof recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Contains 1.76 acres, more or less. Parcel ID # 33-20-30-507-OD00-0090: Lot 9, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72, Public Records of Seminole County Florida. Contains .55 acres, more or less. Parcel ID # 33-20-30-507-OD00-0100: Lot 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72, Public Records of Seminole County Florida. Contains .621 acres, more or less. Vacated portion of Florida Avenue (County owned) right-of way: That portion of Florida Avenue, a 50 foot public right of way per ENTZMINGER FARMS, ADDITION NO. 3 according to the plat thereof as recorded in plat Book 6, Page 27, Public Records of Seminole County Florida, lying South of and adjacent to Lot 25, said ENTZMINGER FARMS; West of an un-named 25 foot public right of way per said ENTZMINGER FARMS; North of and adjacent to Lot 10, FLAMINGO SPRINGS according to the plat thereof as recorded in Plat Book 8, Page 72, Public Records of Seminole County; and East of a line extended from the Northwest corner of said Lot 10, terminating at and perpendicular to the North right of way line of the aforesaid Florida Avenue. Contains .50 acres, more or less. Applicable portion of vacated portion of County owned right-of-way immediately adjacent to the east property line of Parcel ID # 33-20-30-503-0000-025A: That portion of a 25 foot un-named right of way indicated on ENTZMINGER FARMS, ADDITION NO. 3, according to the plat thereof as recorded in Plat Book 6, Page 27, Public Records of Seminole County Florida lying East of Lot 25, said ENTZMINGER FARMS, and East of Lots 9 and 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 8, Page 72, Public Records of Seminole County, Florida; South of the Easterly extension of the North line of said Lot 25 terminating at the Easterly line of said un-named right of way; and North of the Easterly extension of the South line said Lot 10 terminating at the Easterly line of said un- named right of way. Total vacated right of way contains .5 acres, more or less. TOTAL ACREAGE (including applicable portion of vacated right-of-ways) - 9.8 acres, more or less. ~~m'iWitvmF.lnr:1 ;m'iImmllfili'ifiMiII ~~ [!l1i1I Jr:rnI ~1~I~lill:~(;.I"''''Mlln.'J~flY~lSJC''..l:Yl'l Coming? Your Home? ugly grout! ?en the tiles) lair, Regrout, Caulk, liar, Remove & Replace Medical Assist Handles! ~or A ;TIMATE ~ ~6-2600 utmedic.com .& 2nd, 9 a.m.- 4 p.m. 's ChristmaS Items for Sale on R SE THURSDAY, NOVEMBER 29, 2007 H15 L NOTICE OF ZONING CODE CHANGES & PUD PLAN CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL HOLD PUBLIC HEARING FOR SECOND AND FINAL READING ON ORDINANCE NO. 2007.25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF FOUR (4) PARCELS OF REAL PROPERTY GENERALLY LOCATED ALONG FLORIDA AVENUE AND LAKE LUCERNE CIRCLE IN WINTER SPRINGS, FLORIDA AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, FROM "C-2 GENERAL COMMERCIA!.:' TO "PUD PLANNED UNIT DEVELOP- MENT"; ZONING CERTAIN RIGHT-OF-WAY LEGALLY DESCRIBED IN EXHIB- IT "A" AS "PUD PLANNED UNIT DEVELOPMENT" UPON VACATION OF SAID RIGHT-OF-WAY BY SEMINOLE COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVER- ABILITY, AND AN EFFECTIVE DATE. ~ s , --1 j Su~ject I Pro~erty ! ._.---1----. J ; I--l ORDINANCE 2007-25 LOCATION MAP & PUBLIC HEARING PRELIMINARY DEVELOPMENT PLAN . APPROVAL FOR 338 UNIT PUD A 338 PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 47.09 ACRES, LOCATED ON THE SOUTH SIDE OF SHEPARD ROAD, NORTH OF FLORIDA AVENUE, EAST OF BOAT LAKE, AND IMMEDIATELY ADJACENT TO THE WEST SIDE OF THE WILDWOOD RESIDENTIAL PUD. MONDAY, DEC 10, 2007 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance and development plan may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 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, #236. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter consid- ered 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 proceed- ings is made upon which the appeal is based. ..,... .. ~ ~ -.'-' . . . :. :'0 ~~ IE IR t.J I'~ ~ ~ ~i ~ r,'.l Ii ~, il , 07 1'- Ir em litt ORDINANCE NO.'!.}.25 AN'ORDI- NANCE OF THE CITY COMMIS- SION OF THE .CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNA- TION OF FOUR (4) PARCELS OF REAL PROPERTY GENERALLY ~~CJJEI' N~L?~'f< ~LE~ t~AR ~~ CIRCLE IN WINTER SPRINGS, "FLORIDA AND LEGALLY DE- SCRIBED IN'EXHIBIT "Ai' AT- TACHED HERETO, FROM "C-2 GENERAL COMMERCIAL" TO "PUD PLANNED UNIT DEVEL- OPMENT"; ZONING CERTAIN RIGHT-OF-WAY LEGALLY DE- SCRIBED IN EXHIBIT "A" AS "PUD PLANNED UNIT DEVEL- OPMENT" UPON VACATION OF SAID RIGHT-OF-WAY BY SEMI- NOLE COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ~~ I~ I ~~,S~~ g T~~ NESFFS€c~T V~ DATE. The agenda Items may be inspect- ed by interested parties between 8 a.m. and 5 p.m., Monday through Fo~igt~"d g: :i~i ~i~r;\T~~~k~~gJl~~~: 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 Depart- ment Coordinator, 48 hours in ad. vance of the meeting at (407) 327- 1800, Extension 236. If YOU decide to appeal any recommendation g;,a~1t~Yr~~Z~f~~ I a~'a~~1re~~~~: sidered ot this meetIng, you will need a record of the proceedings, and for such purposes, you may need to ensure that 0 verbati.m ,re- cord of the proceedings is mode upon which the appeal is based. In- terested parties ore advised that they may appear at the meeting and may be heard with respect to the proposed ordinance item. '~7c~ Ie La r, e l\jJ1 f~d Bn_ 'r 17 No IUif mn, ,'lts II' \ aii~ SLS526040 CITY OF WINTER SPRINGS lQC"l.~\.Jl.IIMlII~.l\ll.IIC~ 10/25/07 SE SUNDAY, OCTOBER 28, 2007 ~o::a~rri~efn (~~ed .'f~gg,dS~ci;'d:QS~~!. - pfaintand the gxhibits a,t!Clched , thereto that the District ha~ adopt- ,.eda re'salufion authorizing 'the' is- suance of the Bonds for the. pur- , ~7f~ C:;ht;g~~~18g,:~n~~s, tr~'~~~ ,illg the costs"ofdcquiring, 'con- struc.ting, and equipping the^cotn- panents of the Capital Improve- ment Program (as defined In said Complaint), and it also appearing that 011 fa the facts required to be stated bY said Complaint and Ex- hibits by Chapter 75 of the Florida Statutes are contained therein, and that the District prays that this Court issue an order os directed bY said Chapter 75, and the. Cdu,t be- ing fully . in the premiSes, NOW THE : , ITrJ~e~rD. . g~da~hli'e?:'%W~e ~istrict includlng:'non.re~d~ts ':r;g~lr~er:m:e~~ .~ror~: no u g! da, through th rnev' of:; 'beriloUer;I '".f.1Ie NI in~nd . lJY'llfSeP'"lclr Or appear $ins entitled" 'llIlthe ,~QlJ7, ;. . .' !lIthe y, "n F,reem.' an:.'.~: In 10/21" 28; 2007 ,~ at \ FI Po ~d.y the Proyers,af r ,~~~ ~lid,:,g~~~.e~nd"llIe bQ.. t e proCee9ings therelor, on\f'Other matters set forth in sold.. Com- plaint, should not be validated as Fr"~S"F~~PHl~igR\i~~GI~~di prior to the date set for the hearing on said Complaint f~r validation, the Clerk of this court shall cause a cOP,y of this Notice and Order to be pub- lished in the Orange Section o!'the Orlando Sentinel, a newspaperplJb- Iished and of general circulation in Orange County, being the County wherein said Complaint for valida- tion is filed, once each week.Jar two (2) consecutive weeks,' com- mencing wi.lh the first publica'tion which shall not be less than tw~nty (20) days prior to the date seNor ~~~Eh1W'Jn8iloEREO at the Co~rt- house in Orange County, Ffb~-i..da, this 27 day of S~~~r~n,ri';k~l':'V CirCUit Court. Jtldge Persons with disabilities needing special accommodation or on infer- preter to participate in thrs. pro- ceeding should contact Court -Ad. ministration ot 425 North Orange ~ve}l':!~.1 SU!t~ _~1.~~!_ 9n9!),dC2~.~J~rl- ma cv side nee and nee cor upo tere the, the written de- k of this court or immediate- e to serve wrlt- uired may re- r order for the the pelition, aerid the sea I of 7. re rf e ~~landO Police ltie tjty, bon.afide ipat s~z~~s~~~sm~ t~r ~e6sg~~U6f; 7730, from the cir- the+.ays after. ini- by sending 0 undersigned OL ~~\hi~~t%~ r will be filed -ourt. No ant cia in ty' Flo 'm6117 LO~ laim an inter- ~~ '~r ~~~u~nf~e g~ og~'d~t 8~an~g~ 01 id property is Or1e Sheriff of Or- {Plaint for for- g~ in the above. ~tnbs t~~t~gM on ida Statutes IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT 2~ ~H~8kATOl~MLg~l?~'r!r, FLORH>~ERAL CIVIL DIVISION C... No. 2007-CA-12114 Division 33 PALAzzo DEL lAGO COMMUNITY OEVEL- j15 L I .~ ~ K, ~ '<\ ~i , ......:..'.: " I ,. . ~ ~ "? ~ ~ ~~,