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HomeMy WebLinkAboutOrdinance 2007-02 Small-Scale FLUM Amendment . ORDINANCE NO. 2007-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A TT ACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" TO CITY OF WINTER SPRINGS "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(l)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on March 7, 2007, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission ofthe City of Winter Springs held a duly noticed public hearing on the proposed amendment 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 approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2007-02 Page 1 of 3 . Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from Seminole County "Suburban Estates" to City of Winter Springs "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with section 163.3187(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. 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 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date ofthis Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, City of Winter Springs Ordinance No. 2007-02 Page 2 of 3 * . development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part ofthat plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ~ day of April ,2007. ~,~:H Anthony A. Garganese, City Attorney First Reading: March 26. 2007 Second Reading: April 9. 2007 Effective Date: See See tion 9. City of Winter Springs Ordinance No. 2007-02 Page 3 of 3 " Exhibit 'A' Source: City of Winter Springs & Seminole County GIS Data. January 2007 I I o 175 350 700 Feet ~ N Metes and Bounds Description: THE SOUTH HA~F (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (ME 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST. ~ESS ROAD RIGHT OF WAY, AND LESS, THE WEST 425 FEET THEREOF. BEING MORE PARTICULAR~'l' DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62, PAGES 77 THROUGH 80, INC~USIVE, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA: THENCE RUN 500'21 '31 "E, ALONG THE EAST UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 321.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434: THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE S89"2Z'S7"W, A DISTANCE OF 206..37 FEET; THENCE NOO'37'03"W. A DISTANCE OF 5.00 FEET: THENCE S89'22'S7"W, A DISTANCE OF 32.30 FEET TO A POINT ON THE EAST LINE OF THE WEST 425.00' OF THE SOUTH 1 /2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY UNE LINE RUN NOO"02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 31 B.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH UNE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE 1'469"50'1 :S"E. ALONO THE SOUTH L.INE OF SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 Of SAID SECTION 4, A DISTANCE OF 236.88 fEET TO THE POINT OF BEGINNING. urlanao Sentinel in the SEMINOI E was published in said newspaper in the issue; of Court, ro'c"AL'PLA'NKIING 'A"GHlcY"WI'(l CONSIDER THE FOllOWING: OROINANCE 2007-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FU- TURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CON- STITUTING A PARCEL TOTALING 1.76 ACRES MORE OR LESS AND LO- CATED AT 282 WEST STATE ROAD 434 IN WIN- TER SPRINGS, FLORIDA, AND MORE PARTICU- LARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" AT- TACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" TO CITY OF WINTER SPRINGS "COMMER- CIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLU- TIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFEC- TIVE DATE. ORDINANCE 2007.03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PAR- CEL TOTALING 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLOR IDA, AND MORE PARTIC- ULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" AT- TACHED HERETO, FROM SEMINOLE COUNTY "A-lD" TO CITY OF WIN- TER SPRINGS "C-I NEIGHBORHOOD COM- MERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO- LUTIONS, SEVERABILI- TY, AND AN EFFECTIVE DATE. OROINANCE 2007-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FU- TURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CON- STITUTING A PARCEL TOTALING 8.8 ACRES MORE OR LESS GENER- ALL Y LOCATED ALONG WEST STATE ROAD 434 IN WINTER SPRINGS, FLOR- IDA, AND LEGALLY DE- SCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUN. TY "RURAL-3" TO CITY OF WINTER SPRINGS "COMMERCIAL"; PRO- VIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS, SEV- ERABILITY, INCORPORA- TION INTO THE COMPRE- HENSIVE PLAN, AND AN EFFECTIVE DATE. OROINANCE 2007-05 AN ORDINANCE OF THE . CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PAR- CEL TOTALING 8.8 ACRES MORE OR LESS, GENER- ALLY LOCATED ALONG WEST STATE ROAD 434 IN WINTER SPRINGS, FLOR- IDA, AND LEGALLY DE- SCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUN- TY "A.3" TO CITY OF WINTER SPR~NGS "C-I NEIGHBORHOOD COM- MERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT I E5~:8~~~~~~M~lBl[?: TY. "'ND AN EFFECTIVE DA fE. ON WEONESOAY, MARCH 7, 2007 AT 7:00 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATEO AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAO 434 1 WINTER SPRINGS, flORIDA I Tile proposed ordinances moy be Inspected by inter- I ested r~orties between 8 i ~ti~~U~r!;cJ ~r~(rdy', ~~n~~~ I City's Ckrk's Office, \ocot- led at 'Ifh East State Road ,j]4. Winter Springs, Flori. ! do. For more information I (ull (4071 327-1800 #227. Per- I sons vliitl1 disabilities need- ling assistcJnce to participate I ~~()ou7~ ~~~raecSte th~o~e;,d61~~~ lee Relations Department 'Coordinator, 48 hours in ad- I rZOw 3gU~go,m~;n~;ig~ 236. This is a public hear- ing, If YOU decide to appeal any recommendation/deci- sion made by the Local Planning Agency with re- spect to any matter consid- ered at this meeting, YOU wiil need a record of the proceedings, and for such purposes, YOU may need to ensure that a verbatim re- cord of the proceedings is made upon which the ap- peal is based. Interested parties are advised that they moy appear at the meeting and be heard with respect to the proposed or- j dinances. I SLS224356 2/22/07 Published Daily ~tate of jflottba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared DEOORAH M. 'IDNEY , who on oath says that he/she is the Legal Adve~~WfE'eD1a1i\IB_.Qt Orlando Sentinel, a dal!y newspaper published at SPRINGS In SEMINOLE County, Florida; that the attached copy of advertisement, being a in the matter of **********ORD . 2007-()? Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMJNTE SPRINl,S , in said SEMTNOr:R County, Florida, and that the said newspaper has heretofore been continuously published in said SF.MTNOT,F. County, Florida, each Week Day and has been entered as second-class mail matter at the post office in AT,'T'AMlN'J'E SPRINGS in said SEMINOLF. County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose 'S.ecu..ring thi~e. rtJement for publication in the said newspaper,-",.<~~ __ __~ . -- . The for~lll9_instrument was acknowledged before me this 22nd d y of BE:B ARY 20 07 by D~ who is personally kno~n to me ~nd/~ ' take nth. d ( - . . .. '~'4J (SEAL) ....