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Home My WebLink AboutOrdinance 2015-03 Rezone - Northern Oaks ••.. ORDINANCE NO.2015-03 ,..., AN ORDINANCE OF THE CITY COMMISSION OF THE CITY .r ? ". OF WINTER SPRINGS, SEMINOLE COUNTY FLORIDA `` r'-4 CHANGING THE ZONING MAP DESIGNATION OF TWO (2) f" PARCELS OF REAL PROPERTY TOTALING 18.67 GROSS ° ACRES, MORE OR LESS, GENERALLY LOCATED JUST EAST OF THE INTERSECTION OF STATE ROAD 434 AND STATE nom=+.. 0.a F. '— `'Y ROAD 417, OVIEDO, SAID PARCEL BEING MORE •� C� �""" "`'' PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON C.4,07 ;w EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING Cn cc a 0-1 Ix DESIGNATION OF THE PARCEL FROM SEMINOLE COUNTY UJCnCnCn c� r� =� ,`,- "AGRICULTURE (A-1)" TO WINTER SPRINGS "ONE FAMILY DWELLING DISTRICT (R-1)"; 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 January 7, 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, after first reading, and prior to second reading, the applicant provided the City with a metes and bounds boundary survey verifying that the total acreage of the subject two parcels is actually 20.479 acres and that boundary survey is being attached to this Ordinance as Exhibit "A"; however, the City Commission hereby finds that the revised acreage does not materially effect the adoption process because the two subject parcels, as legally described by Parcel Identification and depicted on the Seminole County Property Appraiser's Office have consistently been used throughout the adoption process of this Ordinance. The metes and bounds survey simply provides the metes and bounds legal description of the two parcels of land and confirms the actual acreage of the subject two parcels of land; 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. 2015-03 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 2015-03, is hereby amended to include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County"Agriculture(A-1)"to City of Winter Springs"One-Family Dwelling District(R-1)". 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. Contingency to Address Quiet-Title Action,If Necessary. This Ordinance shall be subject to the contingency set forth in Section 3 of Ordinance 2015-01. Section 7. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2015-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2015-02 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 22nd day of February, 2016. �ti ! Charl s Lacey,Mayor cj,ATTI r- .� 'A 1 0- Itaqv's,City Clerk Approypd to` l.form and sufficiency for the C er-springs only: Anthony A. Garganese,City Attorney First Reading: January 26, 2015 Legal Ad: December 3, 2015 Second Reading: February 22, 2016 City of Winter Springs Ordinance No.2015-03 Page 2 of 2 EXHIBIT"A" DESCRIPTION THAT PART OF THE NORTHEAST 1/4,NORTHEAST 1/4,SOUTHWEST 1//4,SECTION 4,TOWNSHIP 21 SOUTH, RANGE 31 EAST,SEMINOLE COUNTY, FLORIDA,AND THAT PART OF NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4,OF SECTION 4,TOWNSHIP 21 SOUTH,RANGE 31 EAST, SEMINOLE COUNTY,FLORIDA BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4,NORTHEAST 1/4,SOUTHWEST 1/4; THENCE RUN N89°45'46"E,ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, NORTHEAST 1/4, SOUTHWEST 1/4 AND THE NORTH LINE OF SAID NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4, 1353.80 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4;THENCE RUN S00°32'06"E ALONG THE EAST LINE OF SAID NORTHWEST 1/4,NORTHWEST 1/4, SOUTHEAST 1/4,662.21 FEET,TO THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD NO.434,PER FLORIDA DEPARTMENT OF TRANSPORTATION MAP 77070-W.P.I. NO 5117657;THENCE RUN WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES:S89°42'21"W,66.96 FEET;THENCE RUN N89°47'34"W,571.52 FEET;THENCE RUN S89°42'21"W,714.40 FEET,TO THE WEST LINE OF SAID NORTHEAST 1/4, NORTHEAST 1/4,SOUTHWEST 1/4;THENCE RUN N00°37'05"W,ALONG SAID WEST LINE,658.56 FEET,TO THE POINT OF BEGINNING. CONTAINING 20.479 ACRES,MORE OR LESS. I 1SV 3 If S.BH SO6<OS'oN toj <B<6C U'N3ONWJ M31NM qv NJLLVtllslJ3tl v0itpll ->1 vnNb'i6-.x O1vN0O 30NV21 aeesosco>.a waa 133eus(Nr"la m z� a+aso� :nti oN raa -1O >a<ei NNCUrzurownr jo�rouuav rave s Hll105 l Z DuI 6ulddew�,'6uIA9A,InS co a<o> rooe r I dIHSNM01 NVInIHSlB 133HS N011035 000 601$11 83ewnN eor s 5�3a =KUG #BV'ONVAVIOV" ::� �3 a� r I is �I }��• �_-w-�----------------- z � p yy a rl I k 6g �2`.13ixx aiY '., e aRao��R! U ¢ee 1 € E 1 31 € a Tx e 1 3 3.'t'. b BSI �eqR IRS �enc eo and i i i� ...<f,x!f 6+ � � � 41• I t^A_ _ - se3 vsr.«ro.. 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