HomeMy WebLinkAboutOrdinance 2013-10 Winding Hollow East Side Rezoning ORDINANCE NO. 2013-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA,CHANGING THE ZONING MAP DESIGNATION
OF REAL PROPERTY CONSTITUTING A PORTION OF
ONE (1) PARCEL OF LAND TOTALING 2.9 ACRES, MORE
OR LESS, GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF THE INTERSECTION OF STATE ROAD 434
AND WINDING HOLLOW BOULEVARD IN THE CITY OF
WINTER SPRINGS, FLORIDA, DEPICTED AND LEGALLY
DESCRIBED AS THE"SOUTHEAST PARCEL"ON EXHIBIT
"A" ATTACHED HERETO, FROM "C-2 GENERAL
COMMERCIAL DISTRICT" TO "C-1 NEIGHBORHOOD
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 its August 14, 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.2013-10
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 "C-2 General Commercial District"to "C-1 Neighborhood
Commercial District" for the property depicted and legally described as the "Southeast Parcel" 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
adoption by the City Commission of the City of Winter Springs and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a special
meeting assembled on this 18th day of November, 2013.
is
Charles Lacey, Ma' i r
ATTEST: -
orenzo-Luaces, City Clerk
Approv-• as to legal form and sufficiency for
the C.•y o f Winter Springs only:
oja
Anthony • . Garganese, City Attorney
City of Winter Springs
Ordinance No.2013-10
Page 2 of 2
SKETCH OF DESCRIPTION
(THIS IS NOT A SURVEY) EXHIBIT"A"
DESCRIPTION - (NORTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED
IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'O1'30"W, A DISTANCE OF 575.99 FEET FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST
RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: NO7'01'30"W A DISTANCE OF 82.08 FEET; THENCE
N83.48'59"E A DISTANCE OF 5.00 FEET; THENCE NO7'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY
MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD
RUN N83.53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY
LINE OF STATE ROAD 434 RUN S07'O1'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF
245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83'53'17"W A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS.
DESCRIPTION - (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN NO7'01'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07'01'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE 583'48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey of
the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E. J F' I''�
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SKETCH OF DESCRIPTION
(THIS IS NOT A SURVEY) EXHIBIT"A"
STATE ROAD 434
131.50' R/W 214.97'
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D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING
LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL)
FOOT FLORIDA DEPARTMENT OF TRANSPORTATION
ORB OFFICIAL RECORDS BOOK 110' FAGREEMENTD(ORB 183MPAGEP 32
PG PAGE I" AND ORB 148,PAGE 79)
R/W RIGHT–OF–WAY
SQ. FT. SQUARE FEET
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H L S M NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
LLC C SURVEYOR AND MAPPER.
Henrich–Luke–Swaggerty–Menard Job No: E-9149 -
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drawn By: ADA SEE SHEET 1 OF2
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407)P. (407) say- 8096 Scale: 1"=100' AND SIGNATURE
WW W.FloridaLandSurveyor.com
Licensed Business No. 7276