HomeMy WebLinkAboutOrdinance 2024-09 Amending the Future Land Use Map for One Parcel of Real PropertyORDINANCE NO. 2024-09
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 7.84 ACRES,
MORE OR LESS, GENERALLY LOCATED ALONG STATE ROAD 419,
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 "COMMERCIAL;" 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 April 08, 2024, the City Commission adopted Ordinance Number 2024-
A, which is recorded in the Official Records of Seminole County, Florida, at Book 10609, Page
752, 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 September O5, 2024, 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 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 serves a legitimate
gov 'rnment purpose and is in the best interests of the public health, safety, and welfare of the
cite ens of the City of Winter Springs, Florida.
Ordinance No. 2024-09
City of Winter Springs
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NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section I. 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.
ecti n 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 "Commercial" future land use. Exhibit "A" is attached
hereto and fully incorporated herein by this reference.
ecti n 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 .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.
ection 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 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 the Amendment 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
Ordinance No. 2024-09
City of Winter Springs
Pa0e 2 of 5
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 9'1A day of 1Q,„ home , 2024.
ATTEST:
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
Legal Ad:
First Reading:
Legal Ad.
Second Reading,
Effective Date:
Kevin M(Cann, Mayor
Ordinance No. 2024-09
City of Winter Springs
Page 3 of 5
EXHIBIT
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
Description:
LOTS 25 AND 32, ENTZMINGER FARMS ADDITION NO, 2, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-
WAY LINE OF STATE ROAD 419, (NEW SANFORD-OVIEDO ROAD, PER
REFERENCED PLAT OF ENTZMINGER FARMS ADDITION NO. 2) AND THE
WESTERLY LINE OF LOT 32 OF THE AFORESAID ENTZMINGER FARMS
ADDITION NO. 2; THENCE N06°48'50"W, ALONG SAID WESTERLY LINE, A
DISTANCE OF 178.55 FEET TO THE NORTHWEST CORNER OF THE AFORESAID
LOT 32; SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF THE ATLANTIC COAST LINE RAILROAD; THENCE S82126'56"E, ALONG
SAID SOUTHERLY RIGHT OF -WAY LINE AND NORTHERLY LINE OF LOTS 32 AND
25, A DISTANCE OF 1,838.88 FEET TO THE NORTHEAST CORNER OF LOT 25;
THENCE S07012'27"W, ALONG THE EASTERLY LINE OF LOT 25, A DISTANCE OF
26.03 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE
ROAD 434 (LONGWOOD- OVIEDO ROAD, PER REFERENCED PLAT OF
ENTZMINGER FARMS ADDITION NO. 2); THENCE, ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE OF STATE ROAD 434 AND AFORESAID STATE ROAD 419, THE
FOLLOWING FOUR (4) COURSES: S8204311611W, A DISTANCE OF 86.85 FEET TO A
POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2737.83 FEET,
A CHORD BEARING OF S7905714711W, A CHORD DISTANCE OF 231.49 FEET, AND A
CENTRAL ANGLE OF 040501451'; THENCE, ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 231.55 FEET TO A POINT; THENCE S8100614111W, A DISTANCE OF
317.18 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS
OF 1235.24 FEET, A CHORD BEARING OF N8702510011W, A CHORD DISTANCE OF
491.04 FEET, AND A CENTRAL ANGLE OF 22055' 45"; THENCE, ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 494.33 FEET TO A POINT; THENCE N75057'07"W, A
DISTANCE OF 582.85 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 3869.72 FEET, A CHORD BEARING O N7604913711W, A CHORD
DISTANCE OF 118.16 FEET; AND A CENTRAL ANGLE OF 01144159"; THENCE,
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 118.17 FEET TO THE POINT OF
BEGINNING. SAID LANDS CONTAINING APPROXI MATELY 7.84 ACRES, OR 3419667
SQUARE FEET, MORE OR LESS,
Ordinance No. 2024-09
City of Winter Springs
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A
Ordinance No. 2024-09
City of Winter Springs
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