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Home My WebLink AboutOrdinance 2025-04 Amending Future Land Use for 4 Parcels (1333 N US HWY 17/92) from County Industrial to City CommercialORDINANCE IN "a 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 FOUR (4) PARCELS OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 9.82 ACRES, MORE OR LESS, GENERALLY LOCATED EAST OF US HIGHWAY 17-92 AND NORTHEAST OF THE INTERSECTION OF SHEPARD ROAD AND HIGHWAY 17-92, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM COUNTY "INDUSTRIAL" 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 July 10, 2023, the City Commission adopted Ordinance Number 2023- 02, which is recorded in the Official Records of Seminole County, Florida, at Book 10470, Page 1624, 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 Lite City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(l), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on March 06, 2025, 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 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. 2025-04 Page 1 of 5 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 "Industrial" Future Land Use to City "Commercial" 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 small scale 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 City of Winter• Springs Ordinance No. 2025-04 Page 2 of 5 Comprehensive Plan and become apart 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 /`/ day of .TZ•! , 2025s ATTEST: Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: thony A. Garganese, City Attorney Legal Ad: May 26, 2025 First Reading: June 23, 2025 Legal Ad: June 30, 2025 Second Reading: July 14, 2025 Effective Date: August 14, 2025 City of Winter Springs Ordinance No. 2025-04 Page 3 of 5 nn, Mayor Wr, c� a r\r'unty, EXHIBIT "A" LEGAL DESCRIPTION AND DEPICTION OF PROPERTY Legal Description: PARCEL 1: Lot 10, (less the East 95,83 feet); Lot 1 I (less the East 95.83 feet of the North 35 feet and less the South 65 feel of the East 319.83 feet); Lot 12 (less the East 119.83 feet); the North 60 feet of Lot 13 (less the East 119.83 feet thereof); all in Spring Hammock Replat, according to the plat thereof, as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida. PARCEL 2: The East 95.83 feet of Lot 10; the North 35.0 feet of the East 95.83 feet and the South 65.0 feet of the East 319.83 feet of Lot 11; the East 119.83 feet of Lot 12, the East 119.83 feet of the North 75 feet of Lot 136, the North 175 feet of Lot 20; the North 375 feet of Lot 21 and the North 575 feet of Lot 22, all in Spring Hammock Replat, according to the plat thereof, as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida; less right of way of Highway 17-92 and less real property described in Official Records Book 1050, Page 678, Public Records of Seminole County, Florida. PARCEL 3: 'That part of Lots 10, 11, 21 and 22, Spring Hammock Replat, as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida, described as follows: From the Northeast corner of said Lot 21, run South 00°5file) 5" West a distance of 20.00 feet along the F.,ast line of said Lot 21 for a Point of Beginning; thence North 88°O135 West, parallel to the North line of said Lot 21, a distance of 200.00 feet; thence North 00150'25" East a distance of 9.00 feet; thence North 88°01'35" West a distance of 41 feet; thence South 00°50'25" West a distance of 5.70 feet; thence North 88°01'53" West a distance of 54.83 feet; thence South 00°50'25" West a distance of 123.30 feet; thence South 88°01'35" East a distance of 95.83 feet to the West line of said Lot 21 a thence South 00°50'25" West, along the West line of said Lot 21, a distance of 60.00 feet; thence South 88°01'35" East a distance of 380.00 feet to a point 20.00 feet West of the East line of said Lot 22; thence North 00"50'25" East, parallel to the East line of said Lot 22, a distance of 180 fect; thence North 88°01'35" West a distance of 180 feet to the Point of Beginning. PARCEL 4: The North 15 feet of the South 40 feet of Lot 13, Spring Hammock Replat, according to the plat thereof, as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida, LESS the East 119,83 feet lhereor. City of Winter Springs Ot•dinance No. 2025-04 Page 4 of 5 Depiction: City of Winter Springs Ordinance No. 2025-04 Page 5 of 5