HomeMy WebLinkAboutOrdinance 2009-10 Repeal Ordinance 2008-11;Changing Zoning Map Designation l i `csAirnA
ORDINANCE NO. 2009-10 m
AN ORDINANCE OF THE CITY COMMISSION OF THE MI 8
CITY OF WINTER SPRINGS, SENOLE COUNTY, w
FLORIDA, REPEALING ORDINANCE 2008 -11; CHANGING ui n e
THE ZONING MAP DESIGNATION OF CERTAIN REAL a I
PROPERTY TOTALING APPROXIMATELY 9.04 ACRES, -4 an
MORE OR LESS, GENERALLY LOCATED ADJACENT TO
STATE ROAD 419 AND ON THE EAST AND WEST SIDE OF 5
WADE STREET, MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM "C -1 NEIGHBORHOOD COMMERCIAL"
TO "C -2 GENERAL COMMERCIAL 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 owner of the property subject to this Ordinance "Property") submitted an
application seeking to have the Property rezoned from "C -1 Neighborhood Commercial" to "C -2
General Commercial and
WHEREAS, on September 8, 2008, the City Commission adopted Ordinance 2008 -11,
approving the requested rezoning of the Property, and imposed certain conditions of the rezoning
approval restricting the various uses of the Property to those enumerated in the Ordinance; and
WHEREAS, subsequent to the City Commission's adoption of Ordinance 2008 -11, it
became clear that the owner of the Property would be unable meet the conditions of the rezoning
approval set forth in Ordinance 2008 -11; and
WHEREAS, given that the owner of the Property still desires to have the Property's zoning
designation changed to C -2 General Commercial, in an effort to clarify its intent, the City
Commission desires to expressly repeal Ordinance 2008 -11; and
WHEREAS, the Planning and Zoning Board and City staff recommended approval of this
Ordinance at the June 3, 2009, Planning and Zoning Board meeting; and
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WHEREAS, the City Commission of the City of Winter Springs held a duly s titiced public f
hearing on the proposed zoning change set forth hereunder and considered finding an eeff
City of Winter Springs Clitillrfl felerr
Ordinance 2009 -10 OFFICE OF THE 1TY CLERKt,
Page 1 of 3 CITY 0 WINTE' PRING F RtDA
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staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby finds the requested zoning 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.
Section 2. Repeal of Ordinance 2008 -11. The City Commission of the City of Winter
Springs hereby repeals Ordinance 2008 -11.
Section 3. 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 -1 Neighborhood Commercial" to "C -2 General
Commercial" for the property depicted and legally described on Composite Exhibit "A," which is
attached and incorporated herein by this reference.
Section 4. Official Zoning Maps to be Updated. City staff is hereby directed to
promptly amend the City's Official Zoning Map upon the effective date of this Ordinance.
Section 5. City Clerk to Record Ordinance. Upon adoption and full execution of this
Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the
Official Records of Seminole County, Florida.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, including, but not limited
to Ordinance 2008 -11, 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 affepp the
validity of the remaining portions of this Ordinance.
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City of Winter Springs
Ordinance 2009 -10
Page 2 of 3
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Section 8. Effective Date. This ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 13th day of July, 2009.
(11- gyi,-:?; 6/
JO F. BUSH, Mayor
ATTEST:
I'
A 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 22, 2009
Second Reading: July 13, 2009
Effective Date: July 13, 2009
City of Winter Springs :Et
Ordinance 2009 -10
Page 3 of 3 c 3
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Ordinance No. 2009 -10
EXHIBIT A
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LEGAL DESCRIPTION
LOT 33 (less East 143.14 Feet), LOT 34, LOT 35
ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9.
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