HomeMy WebLinkAboutOrdinance 2013-15 Zoning Change for Plante Property ORDINANCE NO. 2013-15
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA,CHANGING THE ZONING MAP DESIGNATION
OF REAL PROPERTY CONSTITUTING NINE (9)PARCELS
OF LAND TOTALING 60 ACRES, MORE OR LESS,
GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND
EAST OF TUSKAWILLA ROAD IN THE CITY OF WINTER
SPRINGS, FLORIDA, DEPICTED AND LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
FROM SEMINOLE COUNTY "A-1 AGRICULTURAL" AND
"M-1 INDUSTRIAL" TO WINTER SPRINGS "TOWN
CENTER 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 October 2, 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. 2013-15
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"A-1 Agricultural" and"M-1 Industrial"
Districts to City of Winter Springs "Town Center District" for the property depicted and 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 No.2013-13. If Ordinance No.2013-13 does not become effective,this
Ordinance shall be null and void and shall have no effect as if it were not adopted.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 12th day of May, 2014.
r �
Charl s Lac• ' �'.
ATTE• ;
.4
- -a enzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the Ci o Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: October 28, 2013
Second Reading: May 12, 2014
Effective Date: See Section 5.
City of Winter Springs
Ordinance No. 2013-15
Page 2 of 2
•
Exhibit "A"
LEGAL DESCRIPTION (PER TITLE COMMITMENT):
PARCELS 7, 8, 12, 14,and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6,
pages 23 through 24,of the Public Records of Seminole County,Florida,together being
described as follows:
A portion of Tuskawilla,D.R.Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5,and
a portion of Gardena Farms Town Sites,as recorded in Plat Book 6,Page 39,and a portion of
Gardena Farms, as recorded in Plat Book 6,Pages 23 through 24,all of the Public Records of
Seminole County,Florida,being more particularly described as follows:
COMMENCING at the Northwest corner of Lot 51, Tuscawilla Unit 9,as recorded in Plat Book
24,pages 72-73
of the Public Records of Seminole County,Florida;thence run North 55°27'26"West, along the
Westerly right of way line of Rails to Trails,as recorded in Official Records Book 3177,Page
632 of the Public Records of Seminole County,Florida,fora distance of 595.66 feet to the
POINT OF BEGINNING;Thence departing said Westerly right of way line run South 24°15'39"
West,along the Westerly line of Lot 1,Block 1, Gardena Farms Town Sites,as recorded in Plat
Book 6,page 39 of the Public Records of Seminole County, Florida,for a distance of 86.39 feet;
thence run South 09°45'37"West for a distance of 55.07 feet to a point on the Southerly right of
way line of Railroad Avenue,as shown on the said Plat of Gardena Farms Town Sites;thence
run North 55°27'26"West, along said Southerly right of way line, for a distance of 636.73 feet to
a point on the South line of the North 1/2 of Block 3 of said Gardena Farms Town Sites;thence
departing said Southerly right of way line,run North 85°42'44"West, along said South line of
the North 1/2 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3;
thence departing said South line,run North 04°17'16" East,along said West line,for a distance
of 377.73 feet to the North line of said Gardena Farms Town Sites;thence departing said West
line,run North 85°44'34"West,along said North line,for a distance of 1291.09 feet to a point on
the Easterly right of way line of Tuskawilla Road;thence run North 13°13'34"East,along said
Easterly right of way line,for a distance of 45.94 to the point of curvature of a curve,concave
Westerly,having a radius of 5813.47 feet, a chord bearing of North 11°19'20"East and a chord
distance of 382.08 feet;thence run Northerly along the arc of said curve,and said Easterly right
of way line,through a central angle of 03°45'59"for an arc distance of 382.15 feet to the point of
compound curvature of a curve,concave Easterly,having a radius of 5693.21 feet, a chord
bearing of North 11°19'33" East and a chord distance of 374.86 feet;thence run Northerly along
said curve and said Easterly right of way line,through a central angle of 03°46'24"for an arc
distance of 374.93 feet to the point of tangency;thence run North 13°13'03"East,along said
Easterly right of way line,for a distance of 12.05 feet; thence departing said Easterly right of
way line,run South 87°58'44"East for a distance of 511.70 feet to the Westerly right of way line
of the unnamed street as shown in said Plat Book 1,page 5;thence run South 87°17'59"East for
a distance of 15.00 feet to the centerline of said unnamed street;thence run North 02°41'54"
East, along said centerline of unnamed street,for a distance of 372.00 feet;thence rim North
87°17'59"West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the
unnamed street;thence departing said Westerly right of way line,run North 81°23'14"West for a
distance of 188.75 feet;thence run North 11°14'43" East for a distance of 47.95 feet;thence run
North 74°48'12"West for a distance of 244.40 feet to the aforesaid Easterly right of way line of
Tuskawilla Road,said point being on a curve, concave Easterly,having a radius of 5677.58 feet,
a chord bearing of North 14°37'20"East and a chord distance of 240.25 feet;thence run
Northerly along the arc of said curve,and said Easterly right of way line,through a central angle
of 02°25'29"for an arc distance of 240.27 feet;thence departing said Easterly right of way line,
run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right
of way line of the unnamed street;thence run South 87°17'54"East for a distance of 30.00 feet to
a point on the Easterly right of way line of the unnamed street;thence run South 02°42'26"West,
along the said Easterly right of way line, for a distance of 14.64 feet;thence departing said
Easterly right of way line,run South 87°58'38" East for a distance of 142.88 feet to a point on
the Westerly right of way line of the Rails to Trails,said point also being a point on a curve,
concave Easterly,having a radius of 4008.02 feet, a chord bearing of South 04°25'42"East and a
chord distance of 293.20 feet;thence run Southerly along the arc of said curve,and said Westerly
right of way line,through a central angle of 04°11'32" for an arc distance of 293.27 feet to the
point of compound curvature of a curve, concave Easterly,having a radius of 2248.74 feet,a
chord bearing of South 15°30'27" East and a chord distance of 689.06 feet; thence run Southerly
along the arc of said curve,.and said Westerly right of way line,through a central angle of
17°3T34"for an arc distance of 691.79 feet to the point of compound curvature of a curve,
concave Northeasterly,having a radius of 1915.35 feet, a chord bearing of South 37°05'33" East
and a chord distance of 846.86 feet;thence run Southeasterly along the arc of said curve, and
said Westerly right of way line,through a central angle of 25°32'38"for an arc distance of
853.91 feet;thence run North 37°08'28"East,along said Westerly and Southerly right of way
line, for a distance of 19.99 feet;thence run South 52°44'55" East,along said Westerly and
Southerly right of way line,for a distance of 236.35 feet;thence run South 38°13'59" West,
along said Westerly and Southerly right of way line,for a distance of 17.96 feet;thence run
South 55°27'26" East,along said Westerly and Southerly right of way line,for a distance of
819.82 feet to the POINT OF BEGINNING.
LESS AND EXCEPT any platted rights of way not shown as vacated.
Containing 1,517,496 square feet, or 34.84 acres,more or less.
Parcels 4,5,9,and 10,together being described as follows:
A portion of Tuskawilla,D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5,and
a portion of Gardena Farms Town Sites,as recorded in Plat Book 6,Page 39, all of the Public
Records of
Seminole County,Florida,being more particularly described as follows:
BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat
Book 50,Pages 3 through 9 of the Public Records of Seminole County,Florida;thence run
thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II,
also being the East line of Block A and Block D,Gardena Farms Town Sites, as recorded in Plat
Book 6,Page 39,of the said Public Records of Seminole County,Florida,for a distance of
810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails;thence
departing said West line and said East line,run North 55°28'13"West along said Northeasterly
right of way line, for a distance of 1393.50 feet to the point of curvature of a curve,concave
Northeasterly,having a radius of 1815.35 feet,a chord bearing of North 39°53'47"West and a
chord distance of 973.99 feet;thence run Northwesterly along the arc of said curve,and said
Northeasterly right of way line,through a central angle of 31°07'19" for an arc distance of
986.06 feet;thence departing said curve, and said Northeasterly right of way line,run South
85°45'55"East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434;thence run South 41°02'40" East along said Southerly right of way line for a distance
of 43.63 feet to a point on a curve,concave Northeasterly,having a radius of 2998.40 feet,a
chord bearing of South 56°12'43" East and a chord distance of 373.78 feet;thence run
Southeasterly along the arc of said curve,and said Southerly right of way line,through a central
angle of 07°08'50" for an arc distance of 374.02 feet;thence departing said curve,run North
30°12'52"East,along said Southerly right of way line,for a distance of 15.00 feet to a point on a
curve,concave Northeasterly,having a radius of 2983.40 feet, a chord bearing of South
61°27'48"East and a chord distance of 174.69 feet;thence run Southeasterly along the arc of
said curve, and said Southerly right of way line,through a central angle of 03°21'20" for an arc
distance of 174.72 feet;thence departing said curve,run South 04°13'03"West,along said
Southerly right of way line,for a distance of 206.38 feet to the Northerly right of way line of Old
State Road 434;thence run South 31°20'20"West for a distance of 30.00 to the Centerline of
said right of way, said point also being on a curve, concave Northerly,having a radius of 581.40
feet, a chord bearing of South 76°03'01" East and a chord distance of 347.22 feet;thence run
Easterly along the arc of said curve,and said Centerline,through a central angle of 34°44'53" for
an arc distance 352.60.feet;thence departing said curve,run South 02°25'12"East for a distance
of 29.86 feet to the POINT OF BEGINNING.
LESS AND EXCEPT any platted rights of way not shown as vacated.
AND ALSO LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida
Department of Transportation Right of Way Map Section 77070-2517.
Containing 1,207,960. square feet,or 27.73 acres,more or less.
Parcel 15,also being described as.follows:
A portion of Tuskawilla,D.R.Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5,of the Public Records of Seminole County,Florida,being more particularly described as
follows:
COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II,as recorded in
Plat Book 50,Pages 3 through 9 of the Public Records of Seminole County,Florida;thence run
thence run South 00°45'33"East along the Westerly line of said Reserve at Tuscawilla,Phase II,
also being the East line of Block A and Block D, Gardena Farms Town Sites,as recorded in Plat
Book 6,Page 39,of the said Public Records of Seminole County,Florida,for a distance of
810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails;thence
departing said West line and said East line,run North 55°28'13"West along said Northeasterly
right of way line, for a distance of 1393.50 feet to the point of curvature of a curve,concave
Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°53'47"West and a
chord distance of 973.99 feet;thence run Northwesterly along the arc of said curve,and said
Northeasterly right of way line,through a central angle of 31°07'19" for an arc distance of
986.06 feet;thence departing said curve, and said Northeasterly right of way line,run South
85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434;thence continue South 85°45'55"East for a distance of 279.36 feet to a point on the
Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence
departing said Southerly right of way line,run South 85°45'55" East for a distance of 242.50
feet;thence run South 04°13'03"West for a distance of 132.06 feet to a point on the aforesaid
Northerly right of way line, said point also being a point on a curve,concave Northeasterly,
having a radius of 2853.40 feet, a chord bearing of North 60°55'00"West and a chord distance of
112.65 feet;thence run Northwesterly along the arc of said curve, and said Northerly right of
way line,through a central angle of 02'15'44"for an arc distance of 112.66 feet;thence
departing said curve,run North 30°12'52"East,along said Northerly right of way line,for a
distance of 10.00 feet to a point on a curve,concave Northeasterly,having a radius of 2843.40
feet,a chord bearing of North 58°08'24"West and a chord distance of 163.31 feet;thence run
Northwesterly along the arc of said curve,and said Northerly right of way line,through a central
angle of 03°17'29" for an arc distance of 163.34 feet to the POINT OF BEGINNING.
Containing 16,374 square feet,or 0.38 acres,more or less.
•
Tuskawilla Crossings
y/i
,frii: '.;,; // t
:Pr
I,' i' Area to be Annexed
;�� y
.,
111. : ' sit /1,7744 /7 1.1.:z.,„
1 rr /_ A. /47 AilP /' '-'" ''',.,*,# . .7-%‘
I II
' T 7 --sysr
f y
. 1,4'_ _ `— 1 I I I Add, � �/' •�� '
{„..._....,. Area tpllba.tnegexed — ��--�rnt' il n1. , 'q►- %%,
4, III €a. 1I1 I �'.. ^.,:•
1 If I I, I irnfM 11 I I I I I 11 n Tn rrt 7- ' '�Nil:: .....::::::-.
- l IT �-,y-- --I-_ _ I L Ltjl I I 1 11 I f!(`(II t
, I ` ..v.,
•
•ORTI
daly design group
4an0 flaring•181d.c., inter atL„ •PopcIEtara�a:lant Winter Springs +,,p,
819 H Ferna}1varJd Axe.,Winter Park,FlDAda 327119 Job 107.7x.7373•vma.d�y Ws:08.18.201S
Annexation Exhibit
.bb No.:1213 Sc nts Oeia:08.18.2019
Is