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HomeMy WebLinkAboutOrdinance 2013-05 RaceTrac Rezoning 0. ORDINANCE NO. 2013-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,CHANGING THE ZONING MAP DESIGNATION OF THREE(3)PARCELS OF REAL PROPERTY TOTALING 1.66 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17-92 AND STATE ROAD 419 AT 3237 NORTH U.S. 17-92, 1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "C-2 RETAIL COMMERCIAL DISTRICT" TO WINTER SPRINGS "C-2 GENERAL COMMERCIAL 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 February 6, 2013 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. City of Winter Springs Ordinance No.2013-05 Page 1 of 2 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 "C-2 Retail Commercial District" to Winter Springs"C-2 General Commercial District"for the property legally described and depicted 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 No. 2013-04 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2013-04 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 11th day of March, 2013. / a es Lacey,May 4 r C _ ATT . Andr• :,t orenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City inter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No.2013-05 Page 2 of 2 Exhibit "A" Legal Description: WM 0000801100 n NW 1111.1 am/em OEN IF ier CANCAN LVVO!Y 1/E' ,610p041,90401 'Y 4/4 AP INC sotessze or =MN at=Iwo.to swat Ammr JO Olin OP 010004 ROW sum sorer mow MAW ar MSC MONO& L000'swraVN-010A4o4 M N+M i •WV1mit? avow rOVN NiO ian NNW BAST eti lift N dour or ammo loss ANN/evrt-e-sw aye sU,r RON a4? 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