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HomeMy WebLinkAboutOrdinance 604 FLUM ORDINANCE NO. 604 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE LAND USE DESIGNATION ON THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN THROUGH THE SMALL SCALE AMENDMENT PROCESS ON CERTAIN PROPERTY IN THE HIGHLANDS PUD; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, empower the City commission of the city of winter springs to prepare and enforce comprehensive plans for the development of the city; and WHEREAS, Section 163.3161, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulations Act, empowers and requires the City Commission of the City of Winter springs to (a) plan for the City's future development and growth; (b) adopt and amend the Comprehensive Plan or elements or portions thereof; WHEREAS, the City Administration for the City of Winter Springs has received a request from Daniel P. Wood, Managing General Partner of Deutschmark Golf Properties and Winter Springs Partners, Ltd. to change the Future Land Use designation of a 2. 7 acre parcel (G) from "Recreation" to "Higher Density Residential (9.1 to 12.0 DU/acre)"; and WHEREAS, the City Commission of the City of Winter Springs by Ordinance No. 156 duly designated the Planning and Zoning Board as the Local Planning Agency for the incorporated area of the City of Winter Springs; and WHEREAS, The Local Planning Agency of the City of Winter Springs has held a duly advertised public hearing on October 4, 1995 on the request of Daniel P. Wood and made recommendation to the City Commission that the Future Land Use Map be amended through the Small Scale Amendment Process to change the designation of 2.7 acres (Parcel G) adjacent and west of Seville-on-the-Green Apartments in the Highland PUD from "Recreation" to "Higher Density Residential (9.1 to 12.0 DU/acre)"; and WHEREAS, 163.3187(1) (c)l. Florida Statutes allows, among other requirements, that a comprehensive plan amendment directly related to proposed small scale development activities that involve, among other considerations, a residential land use of 10 acres or less and a density of 10 units per acre or less; and WHEREAS, Daniel P. Wood was informed at the Local Planning Agency public hearing on October 4, 1995 that the density limit for his proposed development of 2.7 acres (Parcel G) adjacent and west of Seville-on-the-Green Apartments in the Highland PUD shall be at no greater density than 10 units per acre as a result of his request for an amendment to the Future Land Use Map to be processed in accordance with the requirements of 163.3187(1) (c)l. Florida statutes for small scale development activities. NOW, THEREFORE, BE IT ORDAINED that the City Commission of the City of Winter Springs, Florida, changes the designation of 2.7 acres (Parcel G) adjacent and west of Seville-on-the-Green Apartments in the Highland PUD on the Future Land Use Map of the Comprehensive Plan, adopted April 27, 1992, from "Recreation" to "Higher Density Residential (9.1 to 12.0 DU/acre)" SECTION 1. SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION 2. EFFECTIVE DATE. This Ordinance shall immediately take effect upon adoption, with a quorum present and voting, by the City commission of the City of Winter Springs, Florida, this 23rd day of October, 1995. CITY OF WINTER SPRINGS John Bush, Mayor Paul P. Partyka, Mayor 10/3/99 ATTEST: Margo Hopkins, City Clerk First Reading October 23, 1995 Posted October 24, 1995 Second Reading and Public Hearing November 13, 1995 -- _. ._-~ -'-- -- -.-- --.-. -. --'- - - ---. .-- -- -.-- .._- -- -"-" The Orlando Sentinel Published Daily $47.04 ~tate of jflortba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared Kell y Demmo , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at (A~5:tJ 9(RRY in ~EI"lINOI F County, Florida; that the attached copy 0.1 advertisement, being a NOTJfFOF fJlJRJ J( in the matter of Ord~nance No. 604 in the SnUNOI F was published in said newspaper in the issue; of l.n/?9/9~ Court, Affiant further says that the said Orlando Sentinel is a newspaper published at r A5:~n !1FRRV ' in said Sf"M1NOI F County, Florida, and that the said newspaper has heretofore been continuously published in said ~F"TN()1 F County, Florida, each Week D~ and has been entered as second-class mail matter at the post office in (A~ FI RERRV in said 5:f"M T NOt F County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporaf a y discount, rebate, commission or refund for the purpose f e g' advertisement for publication in the said newspaper. ( The foregoing instrument was ackno November , 19 ~, by who is personally known to m (SEAL) nCl~,rLn. NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN by It\e City CommissIon. of the City 01 Winter Springs, Florida,. that said Commission will hold a Public Hearing on an ordi- nance enll'lled as fOllows: 0llDINANCE NO. 604 AN OROlNANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRiNGS FLORIDA CHANGING THE LAND USE DES: IGNATION ON THE FUTURE LAND USE MAP OF THE CITY'S COM- PREHENSIVE PLAN THROUGH THE SMALL SCALE AMENDMENT PROCESS ON CERTAIN PROPER- TY IN THE HIGHLANDS PUD PROVIDING FOR SEVERABILITY' g2fluCTS AND EFFECTIVE This Public Hearing will be held at 7:30 p,m, on November 13, 1995 or as soon thereafter as possible in the Commis- Sion Chamber, City Hall, 1126 East S.R. 434, Winter Springs, Florida, 32708, Caples of the proposed ordinance are available in the office of the City Clerk lor Inspecllon . Interested parties may appear at this hearing and be heard ~~~c;.espect to thiS proposed ordl- Persons with. disabilities needing assis- tance to participate in any of these pro- ceedings should contact the Employee Relations Department ADA Coordinator I 48 hours In advance of the meeting at (407) 327-1800, Persons are advised that if they decide to appeal any. deciSions made at these meeting/hearing, they will need a re- cord of the proceedings, and for such purpose, they may need to insure that a verbatim record of the proceedings is made,. which Includes the testimony and evidence upon which the appeal is ~1:;i~?esPer Section 286.0105, Florida SLS611645 OCT.29,1995