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HomeMy WebLinkAbout2004 03 08 Public Hearings 406 . . . COMMISSION AGENDA ITEM 406 Consent Information Public Hearing X Reeular March 8, 2004 Meeting Mgr.f2-- / Dept. Iff Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for 2nd Reading! Adoption of Ordinance 2004-06, which changes the Zoning Map from "A-I" (Seminole County) to "Town Center" (City of Winter Springs) for 8.9 acres (more or less), located at 900 East SR 434. PURPOSE: The City of Winter Springs is initiating a request to establish a City of Winter Springs' Zoning Classification for a parcel recently Annexed into the City from Seminole County. The City is initiating the change as the Applicant and as the property owner. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprin2:s Charter Section 4.15 Ordinances in General. Winter Sprines Section 20-57. Winter Sprin2:s Sectnon 20-102 (d) Rezonin2: application~ procedures~ standards of review. (The following fourteen (14) standards were recently added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. These provide detailed standards for reviewing a rezoning application.) Any party may request consideration for rezoning by submitting a completed Rezoning Application to the Community Development Department- Planning Division along with the items required to be supplied at the time of application, including payment of any associated fees as established by resolution or ordinance of the city commission. After the application is submitted, the planning and zoning board shall review the application at its next regularly scheduled meeting and shall forward its recommendations to the city commission. Subsequent to receiving the recommendations of the planning and zoning board, the city commission shall determine whether it will approve, approve, with conditions, or deny the rezoning application. All rezoning applications shall be reviewed for compliance with the following standards: @) . . . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 (1) 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; (2) The proposed rezoning change is consistent with any master plan applicable to the property; (3) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (4) The proposed rezoning change would not create a spot zone prohibited by law. (5) 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; (6) 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. (7) Changed or changing conditions make the proposed rezoning necessary. (8) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (9) 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; (10) The proposed rezoning will not be a substantial detriment to the future improvement of development of vacant adjacent property; (11) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (12) The proposed rezoning change is not out of scale or incompatible with the needs ofthe neighborhood or the city; (13) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Euclid v. Amber Realtv Co. .272 u.s. 365 (1926) (upholdin2: the constitutionality of the principles of zonin2:). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding Central Winds Park. Dec. 2003- Property posted with signage Noticing Upcoming Public Hearings and adjacent land owners notified by Certified Letter. Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42. Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing for Small Scale Comprehensive Plan Amendment changing the FLUM. Feb. 04,2004- P& Z Board heard the request and recommended Approval to the Commission Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading Feb. 23, 2004- 1st Reading of Ordinance 2004-06 . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - City of Winter Springs Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030 Acreage - approx. 8.9 acres General Location - The site is vacant and is located adjacent to the west side of Central Winds Park at 900 East SR 434 and previously was referred to as the "Wincey tract". Legal Description - The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida. Existing Land Use - The property is currently vacant, although previously it had a mobile home, barn and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the following: Exil ting Land Uses Zoning FLUM I Subject Site Vacant, Undeveloped A-I (SC) SE- Suburban Estates (SC) 1------ .-----..-..------........-..-.-.-...__..__ ._.__.._..._.___..._._.._...___...._...____....._._._. _.._..___.._...______._...._._....__.___......_._........_... North Lake Jesup.. .. --~--- _riri____._______._._____.__..... ..__~.___"._".R_.R___._"._____R__.W..__""... .........__.............__.._..._______._.__._.__...._...._..__... South Single Family Residential C-I (WS) Commercial (WS) ----....-----..-....-. ..-.--.------.---.-----.--.-.---.------- .------..--.-.-...-..-.---....-.....-----......-....-.. East Central Winds Park Town Center (WS) Town Center (WS) .___...__._____....__.___WH.______....._. _...M.__.___...._.____.__........_._...__.._.__....__ ...._..._____._...__.....___._.__..___.__._..._....._._._... West Single Family Residential A-I (SC) SE- Suburban Estates (SC) . (WS) Winter Springs; (SC) Seminole County Development Trends -- The City purchased the subject site for the purpose of expanding Central Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition of this property completes the Master Plan of property expansion for Central Winds Park as recommended to the City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000 State FURDAP Grant provided the balance of funds needed to fund the acquisition. The future utility area has been designated by the Commission as the temporary site for the City of Winter Springs Paw Park. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from the general public, but no one voiced any opposition. . Public Facilities - The ability to expand Central Winds Park into this property, complete a circular traffic artery to provide better access and improved traffic control, additional parking, and a site for the water reclamation facility will have a positive impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use designation of the property is to apply a Winter Springs' Future Land Use Map designation that supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use map designation is consistent with the surrounding areas. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcels was not March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 . included on the City's Future Land Use Map, because the parcels were Annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. 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; The adjacent land owners have been appropriately noticed as required, and any requirements for advertising the land use action have been met. . (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. These parcels have an underlying Future Land Use Map designation of "Town Center" as adopted under Ordinance 2004-05. The proposed Rezoning will make the Zoning of the properties consistent with the City's Future Land Use Map, and is consistent with the goals, objectives and policies of the City's Comprehensive Plan; (3) Consistent with any Master Plan for the property- The property is part of an acquisition Master Plan for Central Winds Park, and was officially acquired on Sept. 30, 2003. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change from Seminole County "A-l Agricultural" to Winter Springs "Town Center" is appropriate and compatible with the land use pattern established by the city's comprehensive plan; A Winter Springs "Town Center" designation most closely resembles the character of the area (including Central Winds Park, City Hall and Winter Springs High School which also have the Town Center designation. (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. . (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); (7) Does Not Create Illogically 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. (9) No Serious Reduction in Light or Air to Adiacent 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 subject property. (11) Not Detrimental to Future Improvement of Adiacent Vacant Property- N/A; Most ofthe surrounding area is developed. 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. . . . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 (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 ofthe 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; FINDINGS: In analyzing the Rezoning request, it was determined that the (new) fourteen (14) review standards included in Section 20-102 were satisfied. PLANNING AND ZONING BOARD ACTION: At a regular meeting of the Planning and Zoning Board held on February 4,2004, the P&Z unanimously recommended Approval of the request. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 2nd Reading of Ordinance 2004-06, which changes the Zoning classification on the subject property at 900 East SR 434, from "A-I" (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 26,2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption Mar. 8, 2004- 2nd Reading/Adoption of Ordinance 2004-06 ATTACHMENTS: A. Central Winds Park Expansion Area Plan B. Planning & Zoning Board Minutes from Feb. 4, 2004 C. Ordinance 2004-06 including Map & Legal Description COMMISSION ACTION: . . . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 P~H'HO Ttt.Au. EXT}:"""SI{Jt'i I).OMIII,' N,.TION.\.L SCIl."lC TMAII. 1\s"J)CRC"~'i Sf.~IINOI.'J Th,,". CIT\' ".IIIG.onUl< WAnH ",,:'11.11.\' P^K~ M..\J1"o:......~","N('t Rt;CM':,\'In~~ CKN'I'f.N 8.4$..~.t'liAt.li & TEl<NIS COURTS SR.lIH ATTACHMENT A Central Winds Park Expansion Area Plan .LAKE jl,SSup UNPd\ \'F.O r..\Jt~I~(; ARF-,l I:h!.l\'HATII'rllJ; f.X'SI'INf; PIXES ANI' ()At:X (""rM".~. loW :Sl','Cf.s) P.WWTMU. lEX'n:.~~(o:.. FI.OJUDA N"'IU)NA.L SCf.NIC TltAtL ,'\.~I)CMlI!"" S"'"NI'1.r. T....II. ~. ".~-tI ~ o 100' 200' 400 I Michucl Design Associates ~:~~::t:c:.lI~~~~;~':t':!"Y Pt.tJlMBIJ 1~;",j,d".U\'fo-'1/-.u1~,,"1'" CENTRAL WINDS PARK) EXPANSION AREA CITY OF WINTER SPRINGS, PARKS & RECREATION DEPARTMENT . . . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT B Excerpts from Planning & Zoning Board Draft Minutes of Febmary 4, 2004 CITY OF WIN'rBR.1PlUNOS DRAYI'tJNJ.PnOVBD MlNUts$ ~G APJ:I) ZOMNG'WCAL I'l.A.NNtNC .lQ1NC'V lEGlJUk MEBTINO ... mlUJAl.Y 4, ~04 PAGE 2 OP6 P'tIItL1C IDAJUNQS B. Community DeveJopmeJll Depamnent- PllUl.DJDl Dhuio)1 ReqQelQ The Plan.nJag ADd Zoning D02rd Hold A Pnblic Hearing ReJated To Onlllltulce 2004-06 Wbieb R.ezo1let 8.' Acru (More Or Leu), Loc.ted At 900 East StAte RoAd 43.4 Adj.eot To Ceutral WiDdl Park, Frobl "A-1" (SemUaole Cou~ty) To "TMVIl Center" (City OrWinter SP~g9. Ms. SanIstrOm sUIted. .~ta:fI recommends that the Planning ZoI:liD: Boud recommend to the [City] Commiinion a cbangCl frQID cA-l' Zoning SeminOu, County to City of Winter Spri~ 'Town Center' Z:)t)ing." UJ WOULD MOVE TO APPROVE ORDINANCE 2004-06 WHICH REZONES SUBJECT PRO:PERTY mOM 'A-I' SEMINOLE COUNTY TO CITY OF WlNTER. SPRINGS 'TOWN CENTER'." MOTION BY BOARD :ME1\fBER POR. SECONDED Ill' BOARD MEMBER VOSKA. DISCUSSION. VOTE; VICE CHAlR.PERSON KREBS: AYE BOARDMEMBER.KARR: AYE BOARD MEMBER. POE: A Yf, ROARD MEMBER VOSKA: AYE MOTIO~ C.ARIUEI):. . . . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT C ORDINANCE 2004-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THI~ REAL PROPERTY LOCATED WITHIN WINTER SPRINGS, FLORIDA AND L.E~GALL Y DESCRIBED AS EAST IIz OF LOT 3, BLOCK C, AND EAST lf2 OF LOT 3, BLOCK D, OF MITCHELL'S SURVEY OJ? LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PI.iATBOOK 1, PAGE 5, OF THE POBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, INCLUDING THAT PORTION OF ORANGE A VENUE THAT INTERSECTS THE TWO LOTS, AND GENERALLY LOCATED ON STATE ROAD 434 ADJACENT TO CENTRAl.. WINDS PARK AND MORE PARTICULARLY DESCRIBED ON Ii:XHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, IFROM SEMINOLE COUNTY "A-1 AGRICULTURAL" TO CITY OF W.INTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDJNGFOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLlJTIONS,SEVERABILITY, AND AN EFFECTIVE DATE. \VHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their Februmy 4, 2004 meeting; and WH.EREAS, the City Commission of the City ofW.inter Springs held a duly noticed public hearing on the proposed zoning change set fOlth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, a11d after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs' Comprehensive Plan and that sufficient, competen[, and substantial evidence supports the zoning change set fOlth hereunder; and City of Winter Springs Ordinance No. 2004-06 .Pagel of 3 . . . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT C WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public lreaUh, safety, and welfare of the citizens of Winter Springs, Florida. NO"", THEREFORE, THE CITY COMMISSION OF THlt CITY OF WJNTItR SPRINGS HEnEBY ORDA.INS, A-SFOLLOW-S: Section 1. Redtals. The foregoing l~citals are true and correct and are fuUy incorporated herein by this mference. &.actlon 2. Zoning .lVlap 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 ~l change of classification frolll Seminole County "A-l Agricultural" to City of Winter Springs "Town Center District" for the propeJ1y 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 mnt :Resolutions. All prior inconsistent ordinances and resolutions adopte-d by the City Commission, OJ' parts of ordinances and resolutions in conftictherewith. are hereby repeBled 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 he1dillvalid or unconstitutional by BOY court of competent jurisdiction, whetberfoJ' substantive. proceilural, 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. City of WIn tel' SprIngs Ordinance No. 2004-06 Page 2 of 3 . . . March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT C Section 5. Effective Date. This ordinance shall become effective iuuuediateUy upon the effective date of Ordinance 2004-05 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-05 does not become effective, then this Ordinance shall become null and voicl. ADOPTED by the City Commission of the City of Winter Splings, Florida, in a regular meeting assembled on the day of ,2004. John Ii'. :Bush, ]\,Illyor ATTEST: Andrea Lorenzo-Luaces, City Clerl{ Approved as to legal fonll and sufficiency for the City of Winter Springs only: Authony A. Gargullcse, Cit.y A ttoTney First Reading: Second Reading: Effective Date: G:\IXx:s'City of Wln\ll 8P.[ln~ONlrum.ool'\Z.mlnA2004.(l6. w-p\l1 Cit)' of W Intel' Springs Ordinance No. 2004-06 Page 3 of 3 March 8, 2004 PUBLIC HEARING AGENDA ITEM 406 . ATTACHMENT C ORDINANCE NO. 2004-06 EXHIBIT "A" LOCATION MAP . SUBJECT SITE lOUT ", LEGAL DESCRIPTION The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the West line of the East Y2 of said Lot 3, Block D and the Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E along said West line, and along a Northwesterly projection thereof and along the West line of the East ~ of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33'04" E along said East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S 82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of Beginning. . Containing 8.9 acres more or less. 11'1~~ .&0 I ln1:i~ ~ ~ I9!--lda:J VClYft'-d;;A -ht PI).. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY LOCATED WITHIN WINTER SPRINGS, FLORIDA AND LEGALLY DESCRIBED AS EAST 1f2 OF LOT 3, BLOCK C, AND EAST 1/2 OF LOT 3, BLOCK D, OF MITCHELL'S SURVEY OF LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, INCLUDING THAT PORTION OF ORANGE A VENUE THAT INTERSECTS THE TWO LOTS, AND GENERALLY LOCATED ON STATE ROAD 434 ADJACENT TO CENTRAL WINDS PARK AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "A-1 AGRICULTURAL" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. ORDINANCE 2004-06 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 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 ofW inter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and City of Winter Springs Ordinance No. 2004-06 Page I of 3 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 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-l Agricultural" to City of Winter Springs "Town Center 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. City of Winter Springs Ordinance No. 2004-06 Page 2 of 3 Section 5. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2004-05 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-05 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 the day of ,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: Second Reading: Effective Date: G:\Docs\City of Winter Springs\Ordinances\ZA)ning2004.06. wpd7 City of Winter Springs Ordinance No. 2004-06 Page 3 of 3 ORDINANCE NO. 2004-06 EXHIBIT" A" LOCATION MAP ',OLT '. OUT , LEGAL DESCRIPTION The East 1'2 of Lot 3, Block C and the East 1'2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the West line of the East 1'2 of said Lot 3, Block D and the Northerly right-of-way line ofthe CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E along said West line, and along a Northwesterly projection thereof and along the West line of the East 1'2 of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33 '04" E along said East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S 82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of Beginning. Containing 8.9 acres more or less.