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HomeMy WebLinkAbout2008 10 07 Public Hearings 501 Ordinance 2008-19 Rezones 7.06 acres located at 1072 West SR 434PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 501 October 7, 2008 Meeting Consent Information Public Hearin X Re ular REQUEST: 'The Community Development Department -Planning Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2008-19 which rezones 7.06 acres (more or less), located at 1072 West SR 434 (east of SR 417), from "A-1"Agricultural (Seminole County) to "Greeneway Interchange District" (City of Winter Springs). PURPOSE: To consider the request of Greeneway Professional Plaza LLC c/o Montje Plank on behalf of East Coast Believers Church for Rezoning the recently annexed property at 1072 West SR 434 (east of SR 417). APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions). Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption). Winter Springs Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority. Winter Springs Section 20-28. Due process; Special notice requirements. Winter Springs Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. (The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which was adopted on December 13, 2004. (a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. (b) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include thereasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendations, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and October 7, 2008 PUBLIC HEARING AGENDA ITEM 501 zoning board's recommendation. (d) All rezoning applications shall be reviewed for compliance with the following standards: 1) The proposed rezoning change is in compliance with all procedural requirements established by the city code and law; 2) The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited, to the Future Land Use Map and the proposed change would not have an adverse effect on the comprehensive plan; 3) The proposed rezoning change is consistent with any master plan applicable to the property; 4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; 5) The proposed rezoning change would not create a spot zone prohibited by law. 6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; 7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan. 8) Changed or changing conditions make the proposed rezoning necessary. 9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; 10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; 11) The proposed rezoning will not be a substantial detriment to the future improvement of development of vacant adjacent property; 12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; 13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; 14) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Winter Springs Section 20-57. The planning and zoning board shall serve... to recommend to the city commission the boundaries of the various original zoning districts... and any amendments thereto... act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. Euclid v. Amber Realty Co. 272 U.S. 365 (1926Z(upholding the constitutionality ofthe principles of zonin Florida Municipal Home Rule Powers Act. CHRONOLOGY: Aug. 18, 2008- Application received for Annexation and subsequent Future Land Use change and Rezoning. Sept. 18, 2008- Public Noticing in Orlando Sentinel of LPA Public Hearing Sept. 22, 2008- Annexation of the subject property (Ordinance 2008-17) Oct. 7, 2008- P& Z Board to hear the request for Rezoning and make recommendation. October 7, 2008 PUBLIC HEARING AGENDA ITEM 501 CONSIDERATIONS: Applicant - Greeneway Professional Plaza, LLC c/o Montje Plank, 500 N. Maitland Ave., Suite 110, Maitland, FL (407) 599-7009 Owner - East Coast Believers Church Inc., 555 SR 436 Suite 1002; Casselberry, FL 32707; (407) 774-3222 Parcel Number - 04-21-31-300-0060-0000 Acreage - approx. 7.06 acres General Location - Vacant property at 1072 West SR 434 (east of SR 417) Legal Description LEG SEC 04 TWP 21S RGE 31 E NW 1/4 OF NE 1/4 OF SW 1/4 (LESS S 392.42 FT OF E 208.71 FT + W 147.58 FT OF E 356.29 FT OF S 152.58 FT & EXPRESSWAY ON S) Chronology of Subject Property -Annexed into Winter Springs on September 22, 2008. Existing Land Use -The property is currently vacant and vegetated, except for an area cleared in 2006. A house was also demolished from the site in 2006. The County Future Land Use designation is Commercial with Conservation Overlay. Adjacent existing land uses, zoning and FLUM designations include the following: Subject Vacant Requesting Greeneway Requesting Greeneway Interchange Site Interchange District District with Conservation Overlay (WS) from A-1 (SC) (WS) from Commercial with Conservation Overlay (SC~__ _ North Vacant Conservation (WS) ................_................. ...__.. . Conservation (WS) South Residence and . . ...............__..............._.._................... Greeneway Interchange ._.__......._-............T._........_...........-...........-............-......._..._ Greeneway Interchange District (WS) Hendricks Antiques District (WS) and A-1 and Commercial (SC) SC East Vacant Suburban Estates (SC) Commercial (SC) West Vacant Greeneway Interchange Greeneway Interchange District with District WS Conservation Overla WS (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The current economy fosters an interest in commercial properties, such as the subject property. Proposed Future Land Use Classification -The proposed future land use map designation from Seminole County "Commercial with Conservation Overlay" to Winter Springs "Greeneway Interchange District with Conservation Overlay" is appropriate and compatible with the general character of the area. All other properties in Winter Springs in this area have a future land use of "Greeneway Interchange District". Letters/Phone Calls In Favor Or Opposition -None. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (1) Compliance with Procedural Requirements-The proposed Rezoning change is in compliance with all procedural requirements established by the city code and law; Requirements for advertising the land use action have been met; October 7, 2008 PUBLIC HEARING AGENDA ITEM 501 (2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the city's comprehensive plan and the proposed change will not have an adverse effect on the comprehensive plan; (3) Consistent with any Master Plan for the property- The property is not part of a Master Plan; (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change from Seminole County "A-1 Agricultural" to Winter Springs "Greeneway Interchange District" is appropriate and compatible with the land use pattern established by the City's comprehensive plan. (5) Does Not Create Spot Zoning= The proposed Rezoning does not create a spot zone, which is prohibited by law. The adjoining property to the west and south (Winter Springs) is also designated Greeneway Interchange District" (6) Does Not Materially Alter the Population Density Pattern- The proposed Rezoning change does not materially alter the population density pattern in a manner that would overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure) At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated; (7) Does Not Create Illo ig'cally Drawn Zoning District Boundaries- The proposed Rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's comprehensive plan; (8) Changed Conditions Make the Proposed Rezoning Necessary The Annexation of the property into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter Springs' Zoning Designation. The "Greeneway Interchange District" is the most appropriate designation for the area around the SR 417 interchange. (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subj ect property. The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses; (11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses; (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the city; October 7, 2008 PUBLIC HEARING AGENDA ITEM 501 FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2008- 19, and make a recommendation to the City Commission regarding changing the Zoning classification on the subject property located at 1072 West SR 434 (east of SR 417), from "A-1" Agricultural (Seminole County) to "Greeneway Interchange District" (City of Winter Springs). TENTATIVE IMPLEMENTATION SCHEDULE: October 13, 2008- 1st Reading of Ordinance 2008-19 October 16, 2008- Public Noticing in Orlando Sentinel (10 days prior to adoption) October 27, 2008- 2nd Reading /Adoption of Ordinance 2008-19 ATTACHMENTS: A- Application B- Noticing in Orlando Sentinel C- Ordinance 2008-19, including Map & Legal Description D- Current Zoning Map, September 2008 E- Proposed Zoning Map, September 2008 P&Z /LOCAL PLANNING AGENCY RECOMMENDATION: ATTACHMENTA CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 APPLICATION FOR ANNEXATION AND SUBSEQUENT COMPREHENSIVE PLAN AMENDMENT 8r REZONING PETITION Greenway Professional Plaza, LLC c/a APPLICANT: Plank Montle S Last First Middle MAILING ADDRESS: 500 N Maitland Ave Suite 110 Maitland FL 32751 City State Zip Code PHONE: .407-599-,7009. If Applicant does NOT own the property: PROPERTY OWNER: Church East Coast Believers, Inc Last First Middle MAILING ADDRESS: 555 SR 436 Suite 1002 Casselberry FL 32707 City State Zip Code PHONE: 407-774-3222 ._ This request is for the property described below: PROPERTY ADDRESS: 1072 SR 434.Oviedo FL TAX PARCEL NUMBER: 04-21-31-300-0060-0000 SIZE OF PARCEL: 7.062 Square Feet Acres Please state the reasons or justification for your Annexation, Comprehensive Plan Amendment (Future Land Use Change), and Rezoning request: To promote development upon the specific site that is consistent with the City Greenwav ExRresswgy land Use & Zoning designations Current COUNTY FUTURE LAND USE Classification: Commercial Request for a Change to CITY of Winter Springs FUTURE LAND USE Classification: reenwa Interchanee with Conservation overlay Tf you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive Plan, set forth the proposed Amendment in detail and provide supporting documentation. Current COUNTY ZONING Classification: A-1 Request for a Change to CITY of Winter Springs ZONING Classification: Greenwa~lnterchange March 2(105 ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS and REZONINGS are subject to the Approval of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Department of Community Affairs and are not effective until the Department of Community Affairs issues a "Notice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive Plan of the City of Winter Springs shall be amended only price per year in accordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section IS-32 as f~l lows: Application submi[ta! deadlines: Spring- No later than 5:00 p.m, on the first Wednesday in February. The application(s) will be reviewed at a meeting of the local planning agency to be held in April or as otherwise practicable. Fa!!- No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the local planning agency to be held in October or as otherwise practicable. SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.). APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their wst, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION (Also include a odf of the entire submittal nackastel: ^ A copy of the most recent SURVEY of the subject property with METES AND BOUNDS DESCRIPTION. ^ A copy of the LEGAL DESCRIPTION. ^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ^ JUSTIFICATION for the Request. ^ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ^ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). ^ APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in wnnection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development. ANNEXATION $ 500 $ 500 PRE-ANNEXATION AGREEMENT (Optional) $ 1000 $ COMPREHENSIVE PLAN AMENDMENT *per Applicant $ 500 Small Scale (Generally 10 acres or fewer) $ 500 Large Scale (Generally More than l0acres; Text Amendments) $ 1000 REZONING per Applicant $ S00 $ 500 _ Plus $ 25/acre $ 200 • Pursuant to Chapter 163. Florida Statutes. TOTAL DUE ' S 1700 hiazch 2tN)5 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. **~*~*ssss•rr***rss*r*sr*a**s***~~#rtss****stssw~sss**ass«*sss*s*s*ss*r**srtssrs•~ssrsr FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that wn n fee simple of subject lands described within this Application for Annexation an equent C rehensive Plan Amendment and Rezoning Petition: Signat re of caner Sworn to and subscribed before me this '1 ~57~+ day of AUGUiJf _ 20 ~ 8. Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath SUSAN D. GORDON a~~Yn~~c Comm# DD0693386 ~~~= Expire< >:i; x.119 ,.r... u...<>.,.~, «+.ra*ss+**+*s*~**~+~«~ts*a~•~***..**s~*r***v~«r********~**+*~**s**~****r**.*****~****«. FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, Norman Dubois Pastor of Church East Coast Believers do hereby, with my notarized signature, allow Greenway Professional Plaza, LLC c!o Montje Plank to represent me in the Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition of my property. The property is identified as: Tax Parcel Number(s) 04-21-31-300-0060-0000 Located at 1072 SR viedo F and as further identified on es an B ds description provided with this Application. Signatu Owner(s) _ Sworn to and subscribed before me this c~/'y'~ l~~l day of ~-~6L6of 20~. Notary Public My Commission expires: 1~ Personally Known Produced ID: (Type) _ Did take an Oath Did Not take and Oath • SUSAN D. GORDON .~ip~v°`"' Comm# DD0893386 e ~a E~ires 8110/2019 ~, r= = i,,,~,,,p; Florida Neta^ nsr-i. '-;r: u ..ne, ensc:a r•+utnn~nr:nw v-v~ ., .>~ March 2005 JUSTIFICATION FOR THE REZONING Taken from Winter Springs Code of Ordinances, Section 20-31. Address each of the following standards related to the REZONING request. Attach additional paper as necessary: ^ Is the proposed rezoning in compliance with atl procedural requirements established by City code and law? Yes ^ Identify how the request is consistent with the objectives and policies of the Comprehensive Plan including, but not limited to, the Future Land Use Map. Will the proposed change have an adverse effect on the Comprehensive Plan? The proposed "Greenway Interchange District" request is consistent with the Land Use entitled "Greenway Interchange"; the proposed use will enhance the area build out as being in compliance with the plan ^ Is the proposed rezoning consistent with any master plan applicable to the property? Yes ^ Is the proposed rezoning contrary to the land use pattern established by the City's Comprehensive Plan? No C.iar.i; _ .. ^ Substantiate how the proposed rezoning will not create a spot zone (prohibited by law). The proposed zoning of the subject property will provide compatible zoning and will allow usages consistent with the surrounding usages, ^ Does the proposed rezoning materially alter the population density pattern in a manner that will overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure? No ^ Does the proposed rezoning result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan? No ^ Do changed or changing conditions make the proposed rezoning necessary? The rezoning is necessary in order to develops the property in accord with the City Comprehensive Plan. ^ Will the proposed rezoning seriously reduce light or air to adjacent areas? No - O Does the Applicant understand that, IF the City were to be presented with competent substantial evidence indicating that the property values would be adversely affected by the proposed rezoning, the Applicant would then need to demonstrate that the proposed rezoning change would not adversely affect property values in the surrounding area? Yes ^ Describe how the proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property. The proposed rezoning will enhance the future development of adjacent property by bringin in commercial development that enhances adjacent build out of commercial enterprises ^ Describe how the proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare? The proposed rezoning is consistent with the City Future Land Use Map intent for the unified development of the area to be consistent with objectives for the promotion of the public welfare. ^ Explain how the proposed rezoning is in scale or compatible with the needs of the neighborhood or the City. The rezoning is specifically as per the outlined needs and intent of the City, for this type location next to the Greenway. ^ Does the proposed rezoning violate any of the City's applicable land use regulations? No e+ H s \ INN R ! ~/ dEe 1 70 n4 ~ ~5 ~ ~ ~ ~~ ~t6 ~S / ~.' .~ . , ~~~ ~b~ ~ ~~y ~ ~ z '~ b ~~~ ~ ~~~ ~ ~ '~~ °z~ ~ ~~ ati w ~y b ~' r o ~, _. a x '~ Z--~~ Prepared By: Prepared For. CENTRAL FLORIDA LAND DffiIGN CORPORATION 500 North Maitland Avenue, Suite 1 10 Greenway Profess(onal Plaza, LLC Maitland, Florida 32751 1490 Sunshadow Drive, Suite 2020 Phone Number: (407) 599-7009 CaaSelberry, FL 32707 Fax Number: (407) 599-0790 Phone:407-761-1154 Email: info®cfldc.com EB No. 8185 ~ b W V P ~w ~ 0 r r T r r r ~ r T g y N N ~ N N N IJ N ~ u " '" W $$ 8 $$ 8 b ~ Q § A }Pa. O ~ ~ }aa~ O ~ pb~ yaQ v ~ r n • n ~ n~ 44 ~ N ~ ~ ' ~ 99 a ~ n ~ n r' ~ i z ~ ~ E in ATTACHMENT B n.~s..a., co.,~~ro~ ATTACHMENT C ORDINANCE 2008-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE PARCEL TOTALING 7.06 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED AT 1072 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-1" TO CITY OF WINTER SPRINGS "GREENEWAY INTERCHANGE DISTRICT"; 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 October 7, 2008 meeting; and WHEREAS, the City Commission of the 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. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of City of Winter Springs Ordinance No. 2008-19 Page 1 of 2 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" to City of Winter Springs "Greeneway Interchange District" 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 2008-18 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2008-18 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2008. 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: Second Reading: Effective Date: City of Winter Springs Ordinance No, 2008-19 Page 2 of 2 EXHIBIT A / l ~ ~ " , y l ~ ~~: ~ ~ f ~ T h .fir{ ~ ! ~~ '. ~ - . k ' t ~ ~ ~ ~ ~ ~ z~ r .mot x.~ 'li i k xx -.! ~ fin//. " ~ ' r i 1 i n `~7 1 1' ~ Y ~~ ~ . ~ t ... ~ ,} ~.. , ~r , ~ Subject ;, ~ , . ,~ /~ Parcel ~:,~, ,<~ x X;f- C~V~ED~ /' ~ - C /~ ! %; fe',' u ~,. r Legal Description: THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, (LESS THE SOUTH 392.42 FEET OF THE EAST 208.71 FEET AND THE WEST 147.58 FEET OF THE EAST 356.29 FEET OF THE SOUTH 152.58 FEET THEREOF), SAID LAND BEING IN SEMINOLE COUNTY, FLORIDA, (LESS ROAD AND RAILROAD RIGHTS OF WAYS), AND LESS THAT PORTION GIVEN TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2295, PAGE 1835, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Metes and Bounds Description: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN N.89°51'53"E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4 A DISTANCE OF 1355.43 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN S.00°34'27"E. ALONG THE EAST LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. THENCE LEAVING SAID EAST LINE RUN N.89°51'53"E. 677.68 FEET; THENCE S.00°30'59"E. 234.11 FEET; THENCE S.89°44'18"W. 208.71 FEET; THENCE S.00°30'59"E. 239.84 FEET; THENCE S.89°44'18"W. ° ~ ~~ 147.58 FEET; THENCE S.00 30 59 E. 130.87 FEET; THENCE N.83°45'43"W. 323.05 FEET; THENCE N.00°34'27"V11. 569.75 FEET TO THE POINT OF BEGINNING. CONTAINING 7.06 ACRES MORE OR LESS. Existing ZONING ATTACHMENT D September 2008 0 365 730 1,460 Feet Source: Seminole County GIS, City of Winter Springs, September 2008 N ATTACHMENT E Proposed ZONING September 2008 0 365 730 1,460 Feet Source: Seminole County GIS, City of Winter Springs, September 2008 N