HomeMy WebLinkAboutOrdinance 2016-04 FLUM - Nursery Road ORDINANCE NO. 2016-04
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
APPROXIMIATELY 0.94 TOTAL ACRES,MORE OR LESS,
GENERALLY LOCATED AT 1080 NURSERY ROAD,
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 "RECREATION AND OPEN SPACE" TO
"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 January 6, 2016, 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.
City of Winter Springs
Ordinance No.2016-04
Page 1 of 4
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. 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 "Recreation
and Open Space" to "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
City of Winter Springs
Ordinance No.2016-04
Page 2 of 4
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 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 8th day of February , 2016.
Char -s Lacey, May
ATTEST:
A d orenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City o er Springs only:
Anthony A. Garganese,City Attorney
Legal Ad: December 24, 2015
First Reading: January 25, 2016
Second Reading: February 8, 2016
City of Winter Springs
Ordinance No. 2016-04
Page 3 of 4
EXHIBIT"A"
(Legal Description)
Lots 1 and 12 of Block D,Talmo Subdivision,Plat Book 9, Page 10
City of Winter Springs
Ordinance No. 2016-04
Page 4 of 4
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