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HomeMy WebLinkAboutOrdinance 2024-02 Amending the Future Land use for Wagner Property ORDINANCE NO. 2024-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING;AMENDING THE FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 1.04 ACRES, MORE OR LESS, GENERALLY LOCATED WEST OF CENTRAL WINDS PARK, EAST OF WAGNER POINT, AND NORTH OF STATE ROAD 434, 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 COUNTY "SUBURBAN ESTATES" TO CITY "TOWN CENTER DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, on December 12, 2022, the City Commission adopted Ordinance Number 2022-06, which is recorded in the Official Records of Seminole County, Florida, at Book 10361, Page 1979, and which annexed the subject property into the City of Winter Springs; and WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes except when expressly prohibited by law; and 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 U � ply- , in accordance with the procedures established in Chapter 163, Part Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS, the City Commission of the City of Winter Springs held two duly noticed public hearings 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 hereby finds that this Ordinance selves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs, Florida. City of Winter Springs Ordinance No.2024-02 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, sections 163.3161, et. seq., Florida Statutes. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated herein as part 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 County "Suburban Estates" Future Land Use to City "Town Center District" Future Land Use. 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 (31) 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 s in a 11 s c a 1 e development amendment is in compliance. No development order, 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 apart of that plan and the Amendments shall have the legal status City of Winter Springs Ordinance No. 2024-02 Page 2 of 4 nA— ------ Anthony A. Garganese, City Attorney Legal Ad: December 21,2023 First Reading: January 22,2024 Legal Ad: January 29,2024 Second Reading: February 12,2024 Effective Date: City of Winter Springs Ordinance No.2024-03 Page 3 of 4 City of Winter Springs Ordinance No. 2024-02 Page 4 of 4 EXHIBIT “A” LEGAL DESCRIPTION AND DEPICTION OF PROPERTY The South 200.28 feet of the East 217.5 feet if the West ½ of Lot 3, Block D, of D.R. Mitchell’s Survey of the Levy Grant as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying in Section 36, Township 20 South, Range 20 East.