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HomeMy WebLinkAboutOrdinance 2001-18 Morse Foundation Property ORDINANCE 2001-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION ON A 67.85 ACRE PARCEL KNOWN AS THE ELIZABETH MORSE FOUNDATION PROPERTY FROM SEMINOLE COUNTY FUTURE LAND USE MAP DESIGNATION "SUBURBAN ESTATES" TO CITY FUTURE LAND USE MAP DESIGNATION "GREENEW A Y INTERCHANGE" DISTRICT, LOCATED ON THE WEST SIDE OF STATE ROAD 417 "THE GREENEWAY", NORTH OF STATE ROAD 434, SOUTH OF LAKE JESSUP AND EAST OF SPRING AVENUE, AND MORE PARTICULARLY DESCRIBED BELOW; PURSUANT TO 1163.3184(15)(B) and 166.041 FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS, section 163.3161 et Seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to City of Winter Springs Ordinance No. 2001-18 Page 1 of 5 the City Commission; and WHEREAS, pursuant to section 9J-l1.006, Florida Administrative Code, this Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments; and WHEREAS, on November 13,2000, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments, and after complete deliberation, approved the amendment for transmittal to the Florida Department of Community Affairs; and WHEREAS, on January 26,2001, the Florida Department of Community Affairs issued its Objections, Recommendations, and Comments Report ("ORC Report") to the City and made recommendations to bring the subject Comprehensive Plan amendment in compliance with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes. WHEREAS, the City Commission and the Land Planning Agency have reviewed and evaluated the ORC Report and have made certain modifications to the Comprehensive Plan amendment originally transmitted to the Florida Department of Community Affairs in order to bring the amendment into compliance with Rule 9J-5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes; and WHEREAS, on March 26, 2001, the City Commission of the City of Winter Springs held a duly noticed public adoption hearing on the proposed plan amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and City of Winter Springs Ordinance No. 2001-18 Page 2 of 5 oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs' Comprehensive Plan; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and 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 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 designating the real property depicted and legally described on Exhibit "1" from Seminole County "Suburban Estates" to "Greeneway Interchange" District. Exhibit "1" is attached hereto and fully incorporated herein by this reference. Any real property with a "Conversation" future land use designation depicted on the City or County Future Land Use Map on the effective date of this Ordinance shall maintains its "Conversation" designation. City of Winter Springs Ordinance No. 2001-18 Page 3 of 5 Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and the corresponding provisions of the Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. 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 8. 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 9. Effective Date and Legal Status ofthe Plan Amendments. The effective date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the Administration City of Winter Springs Ordinance No. 2001-18 Page 4 of 5 Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments 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 26th day of March, 2001. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City clerk Approved as to legal form and sufficiency for the City of winter Springs only Anthony A,. Garganese, City Attorney First Reading: March 21, 2001 Second Reading: March 26, 2001 Effective Date: F:\DOCS\City of Winter Springs\Ordinances\200 1-18.kj City of Winter Springs Ordinance No. 2001-18 Page 5 of 5 EXHIBIT 1 Page 1 of 4 MORRIS FOUNDATION TRACT LEGAL DESCRIPTION Page 1 of 2 DESCRIPTION AS FURNlSH .. Lots 1,2,3,4,5 and 6, Section J2, Township 20 South, Range Jl Eos!, ALSO Lots 1.2,3,7, and 8 of Section 5, Township 2 t South, Rango J 1 East,. (Less' beginning 20 feet East of and 274, I feet South of the NW corner of Lot. J, .Seelion, 5; run East 366.6 feet (J46.6 field), N 06',05' E,:50i'.J feet; N 0',.12' E' 321.7 feet, S 87' 32 193 feet, N 04' 30' W, 269. I feet,S 89" 04' E, 652.1 feet, S '89' 56'E 420 feet, N 241.9 leet to shore of Lake " Jessup, Westerly' along shore" 1 ,286 " . . feet to the East line of Spring Avenue: South 1,17J feet to beginning), being 91 . acres, more or less. All above real property being 0 Pert of. the' Phillip R. .:" . Young Grant according to tho plot thereof: os recorded In Plot Book. '1;. Page 35 Public Records of Seminole County, Florida::. . .. ,: . . ALSO. A right of ingress and egress over that. 10 foot strip of land adjoining. and. running along the Northerly side of a line' commencing 20 feet East and 275.1 feet South of the NW corner of Lot'3 of Section 5, Township 21 Sou/h, Range 31 East, run East .366.6 feet and a right.' of Ingress. and egress' over that 10 foot . strip of land adjoining and running along' the; Westerly side of line commencing . .366.6 feet East of 0 point 20 feet East and 274.1 . feet .South or the NW: corner of. .; Lot .3, Section 5; Township 21 South, Range ,31 'East, run. N. 00, 05':E/ 507.3 feet: thence N 00' 12' E,321.7 feet,.said lot..3.:appears.in the plot of Phillip R. Young' Grant as. recorded.. in. Plot, Book 1,. Page: 35' of the' Public Records of Seminole Coun!y, Florida Less the East 25 feet of Lots 2 and 8 of said Section 5: less. West 25 feet. of Lots I,3 ond 7 of said Section 5 and les's West 25, feet .of Lot 2' and East. 25 feet of Lot 3 of said' Section 32 LESS A part of Lot I, Section 5, Township 21, South, Range' 31::East, and Lots 1,2: and .3, Section 32, Township 20 South, Range 31 East. of the Phillip. R. Young Grant according to the plat thereof as recorded in Plat. Book".1, Page; 35.. of. the Public Records of Seminole County, Florida, being more particularly described as follows: . . . Commence at the NE corner of said Section' 5: thence. run S 88' 49' 39 W. along the North line of soid Section 5, 0 distance of .189.88. feet to the NE corner of said Lot I, Section 5 of the Phillip R. Young Gront for a point of beginning;. thence run S. 04' 42' 40" W along the East line of said Lol I, Section 5,. a. distonce of 665,23 feet to !he SE corner of said Lot 1,. Section 5: thence .run . S 88' 49' 39"' IV along the South line of'said Lot I, Section 5,distance of . 204.39 feet: thence deporting said South line runN 25' 45' 00. W. a distance of 1,.386. 79 Ic!~t '0 0 poinl on Ihe Eosl line of the. West 25.00 feet of said Lot 408.90 feet to a point on the North line of said Lot 2,Section 32; thence departing said East line run S 83'47'20 E along said North line a distance of 949.00 feet to the NE corner of said Lot 1, Section 32; thence run s 04 42'40" W along the East line of said Lot 1, Section 32, a distance of 391.00 feet to the point of beginning EXHIBIT 1 Page 2 of 4 MORRIS FOUNDATION TRACT LEGAL DESCRIPTION Page 2 of 2 AND ALSO LESS Commence at the NE corner of said Section 5 also being the SE corner of said Section .32;. thence run S 88' 49'. .39" . W along the North. line. of. said. Section 5 also being the South line of said' Section .32; a distance of '1,088.05. .feet to a point an the West line af the East 25.00 feet af said Lat..3; Sectian .32; thence deporting the South line af said Section 5 and the'Sauth-line'af.said Section .32, run N 01: , 7' '2" W olang said West line, '0 distance of 709.22 feet for a point of beginning; thence deporting. said West line run N. 25' 400" W a distance af 10.3.97 feet; thence run. S 88' 46' 48-, W. 0 distance af. 69.9.3. feet to 0 point the East line 0 Amended Plot af First. Addition to: Mineral Springs, according to the plat there,;.f, os. recorded. in Plat Book 8, Pages 46 and I of the Public Records af Seminole County Florida, thence run N 0 09 00 12 W along' said East line c) distance of 225.66 feet to 0 paint. on the North line of said Lot J. Section 32: thence deporting said East line. rUt' S.83 47 20 E .:JIang said North line. 0 distance af J J.3AJ feet to a point of the aforesaid \Vest line af the East 25.00 feet af said Lot J, 'Section .32; thence departing said North line run S 01 7' 12" E along said West line a distance of 305.58 leet to the point af beginning. ALSO LESS A part of the West 25.00 feet of Lat 2 and' the East 25.00' feet of Lot .3, Section .32, Township 20 South, Range .3 J . East of the Phillip R, Young Grant, according to the plot thereof as recorded in Plat Book .1, Page 35 af the Public Records Seminole County, Florida,. being more particularly described as follows: Commence at the SE corner af said Seclion 32; thence' run S 88' 49' .39" W along' the South line of said Section .32. 0 distance of 1,038.05 feet to 0 point the East line of the West 25.00 feet of said Lot 2; thencedeporfing said South' line run N 07' 17' 12" W along 'soid East line.a distance of 599.42 feet for 0 point. of beginning; thence deporting said East line run N 25' 45' 00" W o. distance 'of 120.74 feet to. 0 point on' the West line of the' Eost 25.00. feet af soid Lot 3; thence run N 0 J' J 7' J 2" W along soid West line 0 distonce of. .305.58. feet to 0 point on the North line of soid Lot .3; thence deporting said West . line' run S 83' 47' 20" E along the North line of said Lat' 2 and .3 o' distance of 50.4.3 feet to 0 point an the East line" of the West 25.00 feet of said Lot. .2; thence '. deporting said North line run SOl" 17' t 2" E alang said East line o. distance. .. 01 408.90 feet to the paInt of beginning. EXHIBIT "1" Page 3 of 4 67.850 TOTAL ACRES (NOT EXCLUDINC) ANY INTERIOR PLATTED R/W OR LESS OUTS FER DESCRIPTiON EXHIBIT "1" pAGE 4 OF 4 GRAPHIC SC ALE ( IN FEET ) 1 inch = 300 (t. NOTICE OF CONSIDERATION OF REPONSES TO ORC REPORT CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE LOCAL PLANNING AGENCY OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBUC HEARING TO REVIEW AND MAKE RECOMMENDATION TO THE CITY COMMISSION ON THE fOLLOWING PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS (SEE MAPS): LS CPA.1'()O AN AMENDMENT TO CONSIDER CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM SEMINOLE COUNTY "SUBURBAN ESTATES": TO THE CITY'S 'GREENEWAY INTERCHANGE" DIS- TRICT ON A 67.58 ACRE PARCEL KNOWN AS THE ELIZABETH MORSE GENIUS FOUNDATON PROPER- TY; LS-CPA-4-00 AN AMENDMENT TO CONSIDER CHANGING THE FUTURE LAND USE MAP DESIGNA- TION FROM 'MIXED USE" TO THE NEW "TOWN CENTER" DESIGNATION ON AN 18+/- ACRE PARCEL LOCATED OPPPOSITE THE ENTRANCE TO CENTRAL WINDS PARK; LS-CPA-5-00 TO CONSIDER CHANG- ING THE FUTURE LAND USE MAP DESIGNATION FROM "MIXED USE" TO THE NEW ''TOWN CENTER" DESIGNATION ON A 148+/- ACRE PARCEL LOCATED SOUTH OF MILKY WAY LANE AND ON THE WEST SIDE OF TUSKAWILLA ROAD; LS-CPA-6-00 AN AMENDMENT PROPOSAL TO COMPLETELY REPLACE THE TEXT AND MAPS OF THE TRAFFIC CIRCULATION ELEMENT IN VOLUME 1 OF 2 AND 2 OF 2 OF THE COMPREHENSIVE PLAN WITH THE PROPOSED TEXT AND MAPS; LG-CPA-2-98 AN AMENDMENT PRO. POSAL TO ENSURE THE PRESERVATION OF THE CITY'S VEGETATNE AND WILDLIFE HABITAT OF SPECIES DESIGNATED AS ENDANGERED, THREATENED OR OF SPECIAL CONCERN; LG-CPA-3-98 AN AMENDMENT PROPOSAL TO ENSURE THE PRESERVATION OF THE CITY'S SIGNIFICANT CULTURAL AND ARCHAEOLOGICAL RESOURCES; LG-CPA-4-98 AN AMENDMENT TO ENSURE COORDINATION WITH RESOURCE PROTECTION PLANS OF LOCAL, STATE AND FEDERAL JURISDICTIONS IN THE DEVELOPMENT OF THE TOWN CENTER, AND PARTICIPATE iN THE DEVELOPMENT OF MANAGEMENT PRACTICES OF ANY SWIM PLAN OR SIMILAR TYPE OF PLAN BY AGENCIES. THE PUBLIC HEARING FOR REVIEW OF THE ORC REPORT RESPONSES RELATING TO THE PROPOSED PLAN AMENDMENTS WILL BE HELD ON MARCH 7, 2001 AT 7:00 P.M. AT THE WINTER SPRINGS CITY HAll. THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE CITY CLERK OFFICE AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFOR. MATIONCALL (407)327-1800 #227. PERSONS WITH DISABIUTIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEED- INGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OFTHE MEETING AT (407) 327-1800 #236. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE LOCAL PLANNING AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THE MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.