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HomeMy WebLinkAboutOrdinance 2015-11 Rezone - Lenity Architecture ORDINANCE NO. 2015-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 1.871 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM SEMINOLE COUNTY "AGRICULTURE (A-1)" TO WINTER SPRINGS "TOWN CENTER (T5)"; 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 has recommended approval of this Ordinance at their March 4, 2015, 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 Winter Springs, as described in City of Winter Springs Code Section 2015-03, is hereby amended to to include a change of classification for the property legally described and depicted on Exhibit"A" from "Agriculture (A-1)" to City of Winter Springs "Town Center(T5)". Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission,the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County, Florida. This Ordinance shall run with the land. Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2015-10 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2015-10 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 13thday of April , 2015. Char Lace / Lacey, Mayo ATTES "\ 1 ^ Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City f Winter Springs only: ,L 7<___ ....-t/i----------___ Anthony A. Garganese, City Attorney SKETCH OF DESCRIPTION FOR: HAWTHORN DEVELOPMENT,LLC EXHIBIT "A„ SECTION 6,TOWNSHIP 21 SOUTH,RANGE 31 EAST, SEMINOLE COUNTY,FLORIDA CITY OF WINTER SPRINGS "WINTER SPRINGS RETIREMENT RESIDENCE" DESCRIPTION: THAT PART OF THE C.SX TRANSPORTATION INC., "LAKE CHARM BRANCH RAIL CORRIDOR"LYING IN LOT 8 BLOCK "A",, 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: COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31, ST. JOHNS LANDING AS RECORDED IN PLAT BOOK 53, PAGES 45 THRU 49 OF SAID PUBLIC RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID PUBLIC RECORDS; THENCE RUN NORTH 5931'38" WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00 FEET, THENCE RUN SOUTH 300455"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CON77NUE 501J774 3010455" WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH 5931'38"EAST, A DISTANCE OF 7732.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE AT 6036'00"FOR AN ARC DISTANCE OF 156.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 010422" WEST A DISTANCE AT 146.91 FEET; THENCE SOUTH 24'59'41"W A DISTANCE OF 318.72 FEET; THENCE SOUTH 0000'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH 365521"EAST A DISTANCE OF 27754 FEET; THENCE SOUTH 15'19'53"EAST A DISTANCE OF 140.49 FEET; THENCE SOUTH 0223'00 WEST A DISTANCE OF 55634 FEET; THENCE SOUTH 0725'15" WEST A DISTANCE OF 272.61 FEET; THENCE SOUTH 29'30'05" WEST A DISTANCE OF 231.31 FEET, THENCE SOUTH 5037'58" WEST A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 503158" WEST FOR A DISTANCE OF 14334 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE SOUTH 50'3158" WEST FOR A DISTANCE OF 566.79 FEET TO THE POINT OF BEGINNING; SAID POINT LYING ON THE EASTERLY RIGHT OF WAY OF THE CS.X. TRANSPORTATION INC. "LAKE CHARM BRANCH"RAIL CORRIDOR; THENCE SOUTH 6207'01" WEST A DISTANCE OF 101.16 FEET TO THE WESTERLY RIGHT OF WAY OF SAID RAIL CORRIDOR; SAID POINT BEING A NON TANGENT CURVE CONCAVE NORTHEASTERLY, AND HAVING A RADIUS OF 2248,74 FEET AND A CHORD BEARING OF NORTH 123230" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'42'25" FOR AN ARC DISTANCE OF 537.97 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 370733 FEET AND A CHORD BEARING OF NORTH 0020'46" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'41'03"FOR AN ARC DISTANCE OF 691.32 FEET TO A POINT OF NON TANGENCY; SAID POINT LYING ON THE AFOREMENTIONED SOUTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE SOUTH 38'45'48"EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY FOR A DISTANCE OF 146.84 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 360733 FEET AND A CHORD BEARING OF SOUTH 01'11'18"EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURIE THROUGH A CENTRAL ANGLE OF 085958"FOR AN ARC DISTANCE OF 566 60 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2148 74 FEET AND A CHORD BEARING OF SOUTH 1220'33" EAST, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1318'37"FOR AN ARC DISTANCE OF 499 11 FEET TO THE POINT OF BEGINNING CONTAINING 2.635 ACRES MORE OR LESS. PARCEL NO: 06-21-31-300—OOIA-0000 = 0.764 ACRES PARCEL NO: 06-21-31-300-0028-0000 = 1.871 ACRES **SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1095 ** NOTES: 1. DATE OF SKETCH: FEBRUARY 03, 2015. 2. SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. 3. UNLESS OTHERWISE SHOWN, UNDERGROUND IMPROVEMENTS NOT LOCATED. 4. PUBLIC RECORDS NOT SEARCHED BY JCH CONSULTING GROUP, INC. 5. BEARINGS ARE ASSUMED BASED ON THE FLORIDA EAST GRID NAD-83, (2011 ADJUSTMENT). 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY WITHOUT AUTHORIZATION FROM JCH CONSULTING GROUP, INC. SURVEYOR'S CERTIFICATION: **NOTE: THIS IS NOT A I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA SURVEY** BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SHEET 1 OF h 5J-17.050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. ONE IS NOT COMPLETE WITHOUT THE OTHER CHRISTOPHER J. HOWSON, P.S.M., C.F.M.— LS 6553 OF JCH CONSULTING GROUP, INC. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER y CT T DRAWN: C.J.H. J.0.# 14102 H l/ REVISED: DWG.# 14102SK CONSULTING GROUP,INC. CHECKED: C.J.H. SHEET 1 OF 2 LAND DEVILOPMETTf,S(IRVEYINGW MAPPING PLANNING,RNLIRONMENTAL+G.cs. APPROVED: C.J.H. GMUINCAnOA AUTHORIZATION NO.LB.9171 OIUSTOMBRJ HOWSON NM.,CPA-136. °=`w x`11°"'" =�'=°rd" `M°"° SCALE: 1- = 400' COP1R/GHT Q JANUARY,2015 SKETCH OF DESCRIPTION FOR: HAWTHORN DEVELOPMENT,LLC N591.31.381V 15.00' POINT OF COMMENCEMENT SOUTHWESTERN MOST CORNER OF 53011455"W . 00' LOT 31 ST JOHNS LANDING PLAT BOOK 53, PAGE 45-49 S30'04 55'W 35.00' ss9a., L=15565' R-150.00' A-60'36'00" c8-S297338 E CH 151.36' 501'0422W 146.91' S2459'41"W 318.72' / SOOV000"E 115.48'--------- **SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1095 ** 5365521't 217.54' . 1 =PARCEL NO:06-21-31-300-001A-0000 S15'19'53"E 140.49' =PARCEL NO:06-21-31-300-002B-0000 \ SOUTY RIGH S0223'00"W 556.34' LINE HWESTERL OF STATE ROAD T OF 434 WAY \\ ` S0725'751Y 27267' \`r9\. • /F '1',.•\ 529'30 05-W 231.31' c/ Sri P PARCEL N0. 06-21-31-300-001A-0000 0.764 ACRES MORE OR LESS L=691.32' 53845'48'E 146.84' 69 R=3707.33' L=566.60' 115" 4 104103' R=37.33' 4 CB=N020'46'W 1r85609 58' 4 CH-690.32' cB=S171'18"E 43 CH=566.02' PARCEL NQ 06-21-31-300-0028-0000 L=499.11' \\ 1.871 ACRES R=2148.74' MORE OR LESS 1=137831" . S50'3158'1/ 143.34' C13=5722033"E NORTHEASTERLY RIGHT OF WAY CH=49799• .Ig � LINE OF STATE ROAD 434 L=537.97' `\ R=2248.74' 4 \ \ a=13'42'25" ,y;'% NOTE: THIS IS NOT A cB=N12 3230'W 0 POINT OF\ =53669' BEGINNING SURVEY** WEST RIGHT OF WAY OF CS.X.-------I SHEET 2 OF TRANSPORTATION INC S62V7'01'W 101.16' ONE IS NOT COMPLETE "LAKE CHARM BRANCH"RAIL CORRIDOR WITHOUT THE OTHER ,r v 4 C H DRAWN: C.J.H. J.O.# 14102 �� � REVISED: DWG.# 14102SK2 '— CONSULTING GROUP,INC. CHECKED: C.J.H. �` ��j SHEET 2 OF 2 �, LAM,DEt�OPMEr r.S URVEYINGer MAPPING \�''� PLANNING.B NVIROMIENTAL+01$.. APPROVED: C.J.H. G9lflAC,nOPALflWOR17A]lONNO.marl OPUS OPHER.HOW (,PAM.GPM-156553 8QSf0O17 6fT=lHSIR2S;.5662dOOlLt A.O35,013661 SCALE: 1" = 400' COPYRIGHT©JANUARY,2015 )