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HomeMy WebLinkAboutOrdinance 2017-18 Future Land Use Map - 300 West State Road 434ORDINANCE NO. 2017 -18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 2.92 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD 434, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM SEMINOLE COUNTY "SUBURAN ESTATES" TO CITY OF WINTER SPRINGS "COMMERCIAL "; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. 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(1), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on August 2, 2017, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS, the City Commission of the 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. 2017 -18 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 Community Planning Act, formerly known as 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 of the 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 changing the designation of the real property legally described and depicted on Exhibit "A" from Seminole County "Suburban Estate" to City of Winter Springs "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. 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 6. 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 7. 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 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty -one (3 1) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, 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 City of Winter Springs Ordinance No. 2017 -18 Page 2 of 3 Comprehensive Plan and become a part of that 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 18th day of September, 2017. Char Lacey, Mayo ATTEST: r Andrea Lorenzo- Luaces, City Clerk Approved as to legal form and sufficiency for the City,$' -rater Springs only: Anthony A. Garganese, City Attorney First Reading: August 14, 2017 Legal Ad: August 20 and 27, 2017 Second Reading: See Section 8 City of Winter Springs Ordinance No. 2017 -18 Page 3 of 3 Sketch of Description Sheet 1 of .2 Legal Description: LEGAL DESCRIPTION: EXHIBIT THE WEST 425 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, RUN S 00 "29'58" E ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 2473.42 FEET TO THE EAST CORNER OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89 °51'53" W, ALONG THE SOUTH LINE OF THE NORTH' OF SAID SECTION 4, A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN S 00°21'31" EAST, A DISTANCE OF 25.00'; THENCE N 89 °51`53" E, A DISTANCE OF 25.00' TO A POINT ON THE EAST LINE OF THE SOUTHEAST I OF SAID SECTION 4,SAID LINE ALSO BEING THE SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES AS RECORDED IN PLAT BOOK 62, PAGES 77 -80 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE S 00 °21'31" E, ALONG SAID EAST LINE, A DISTANCE OF 306.84 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH J OF THE NORTHEAST'? OF THE NORTHEAST 4, OF THE SOUTHEAST 1 OF SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89 °50'14" W, ALONG SAID SOUTH LINE, A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN; FROM THE POINT OF BEGINNING; DEPARTING SAID SOUTH LINE RUN S 00 002'01" E, A DISTANCE OF 299.51 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF WEST STATE ROAD 434, AS NOW ESTABLISHED; THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 °32'38" W, A DISTANCE OF 289.24 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 °51'01" W, A DISTANCE OF 135.77 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF AFORESAID PLAT OF BARRINGTON ESTATES; THENCE DEPARTING SAID NORTH RIGHT -OF -WAY LINE AND ALONG SAID EAST LINE, RUNG N 00°02'02" W, A DISTANCE OF 300.96 FEET; THENCE RUN ALONG THE AFORESAID SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES N 89 050'14" E, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. SAID LAND CONTAINING 127,705 SQUARE FEET OR 2.93 ACRES MORE OR LESS, This Is NOT a Survey. This is ONLY a Sketch. HT Real Estate - Orlando, LLC Ireland & Associates Surveying, Inca 1301 S. International Parkway Suite 2001 Lake Mary, Florida 32746 www.frelandsurveying.com Office - 407.678.3366 Fax - 407.320.8165 Approval by F.E.M.A, krwwn by NOR given ). Inc. and 1IS8Bigning ?Sketch Is Based upon the Legalbescription Supplied by Client >AbtAtlng Properties Deeds have NOT been Researched for Gaps. Overlaps andlor Hiatus. >Subject to any Easements and/or Restrictions of Record. >Beadng Bads shown hereon, is Assumed and Based upon the Line Denoted with a'BB °. >Btdlding Ties are NOT to be used to reconstruct Property Lines, > Fence Ownership is NOT determined. Roof Overttertgps Und round Ut�ties and /or Footers have NOT been khcated &VeSS�erwise noted. >Septic Tanks andler Drainlield locations are approximate and MUST be verified byy approppriale Utility Location Companies. >Use of This Skettch for Purposes other than Intended. Without Written Verification. Will be at the User's Sale Risk and Without Liability to the Surveyor, Nothing Hereon shill be Construed to Give ANY Rights or Benefits to Mvone Other than those Certlflad. c; - uatcufatec PC . Print of Curvature C - Conta+Nne Cmrwrete Block PP . PPrint of Inm CM - Concrete Monument P.O.B.• Point of Beginning Cone, .L- .D6mcrhMlon PP POwerPda DE - Drelnega Ees"nenl PRM - Permanent Reference EemL - Ea/smenr Monument F.E.M.A. - Federal Emergency PT - Print tN Tangency Marregemem Agency R • Radius FFE • Finished Floe, F.:Mvation Rad. -Radial Fnd. - Found R &C - Reber & Cap IP - Iron Pipe Rec, scoven0 ) :R M - Maae4�u: 5Mtl. set '/,' Reber A *LS N &O N.R. Nat & DM - Non -Redlel Retwr Cap 7623° T . T a ORB Official Records Book UE - t h y Easamard P PMt WM - Water Meter P,B, Plat Book A Delta (Central Angle) o• Wood Ferias X- Chain Link Fence I han,by Cn+,ay that tMa Skerrth M dwAnNn« Mtn: ahnva Dewillmd Pronely w T•„a"Corro'cl to the Dn" of M tum+Madga o^d Delat ac Mooney Sit —W. .mdol my 01'arfl- on Out 1"10 $law,n, eaatid "n Wornwntkr^ firnNInd to Ma as RVA0 a-0 C<Wo>ma to tna Sow.fit is M Practice 'or Land Satvnylnd In Ma Stain M re Ficida in aconnt.,- M, Canter Sit 7,W Fin*M Adnilnlanailm Crxhaa. Fltnhn;lacrtaa:SNOW 4^02( FkACM Suautea. Patrick K. Ire*d 4 U•PW 6637 LB 762: Date Signed: 7119117 This Sketch is Intended ONLY for the use of S* CerORed Pa This Sketch NOT VALID UNLESS Signed and Embosses wkh Surveyors CADD File: ImUralai Sketch of Description Sheet 2 of 2 0189'501VE 425M Bock 62, Paley 1140 W'*" M PenallJy 0w2 IA'.M o R9.1 4' awe W ft. r sw&O., F-0- i= Way P. FWT MdW— ftr, I'm P"m 'b% DwdU.,6 lam, vVest State Road 434 fAkA: SUM Wba . =9i Ireland & Associates Surveying, Inc. 1301 S. IrKemational Parkway Sufte 2001 Lake Mary, Florida 32746 www.Wandeurveefing.com Office-407.678.3366 Fax-407.320.8165 This is NOT a Survey. This is ONLY a Sketch.