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HomeMy WebLinkAboutOrdinance 2001-20 FLUM/Town Center ORDINANCE 2001-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS-CPA-5-00) CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM "MODERATE DENSITY RESIDENTIAL" (3.6-6.5 DU ACRE) AND "CONSERVATION" TO THE NEW "TOWN CENTER" DESIGNATION ON AN APPROXIMATELY 38.37 ACRE PARCEL LOCATED ON THE WEST SIDE OF TUSCA WILLA ROAD ACROSS FROM THE FORMER HI-FLAVOR MEAT PLANT BOUNDED ON THE NORTH SIDE BY MILKY WAY AVENUE; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. 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 the City Commission; and WHEREAS, pursuant to section 9J-11.006, Florida Administrative Code, this City of Winter Springs Ordinance No. 2001-20 Page 1 of 5 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 ofthe 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 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 City of Winter Springs Ordinance No. 2001-20 Page 2 of 5 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 change the Future Land Use Map designation of the approximate 38.37 acre parcel generally known as the CHC Development, Inc. Tuscawilla Road site property from Seminole County future land use map designation "medium density residential" to City Future Land Use Map designation "Town Center". 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 as property two (including legal description) on Exhibit "1" from future land use map designation "medium density residential" to future land use map designation "Town Center". Exhibit "1" is attached hereto and fully incorporated herein by this reference. 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 City of Winter Springs Ordinance No. 2001-20 Page 3 of 5 163.3187(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 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 City of Winter Springs Ordinance No. 2001-20 Page 4 of 5 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 regn\ar 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 First Reading: March 21, 2001 Second Reading: March 26, 2001 Effective Date: F:\DOCS\City of Winter Springs\Ordinances\CHC - Town Center - Large Scale Flum - Tuskawilla Rd and Milky Way Ave City of Winter Springs Ordinance No. 2001-20 Page 5 of 5 LEGAL DESCRIPTION LOTS 25 THROUGH 32. 39 THROUGH 48. 56 THROUGH 64 THOSE PORTIONS OF LOTS 37. 38. 53. 54 AND 55 LYING WEST OF TUSCAWILLA ROAD. TUSCAWILLA. AS SHOWN ON D.R. MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1. PAGE 5. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. TOGETHER WITH ALL RIGHTS OF WAY LOCATED ADJACENT TO THE ABOVE LOTS AS VACATED BY RESOLUTION RECORDED IN OFFICIAL RECORDS BOOK 1050. PAGE 401. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. LESS THE EAST HALF OF THE RIGHT OF WAY LYING ADJACENT TO LOTS 25 AND 26 ON THE WEST AND LOTS 23 AND 24 ON THE EAST; LESS AND EXECPT FROM THE ABOVE THE FOLLOWING; THOSE PORTIONS OF LOTS 37.38.53. 54 AND 55. TAKEN FOR ROAD RIGHT OF WAY FOR TUSCAWILLA ROAD DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3603. PAGE 1095. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. CONTAINS 38.37 ACRES +/-. Exhibit "1" Pasge 1 of 2 EXHIBIT "1" Page 2 of 2 Property Boundary Map BOWYER SiNGLETON &. ASSOClATES, INCORPORATED Tuskawilla Road Site 520 SOUTH MAGNOLIA AVENUE ORLANDO. FLORIDA 32801 (407) 843-5120 FAX 407-649-8664 Comprehensive Policy Plan Amendment Prepared For: CHC Development Co., Inc. 7-20-00 TSWl NOTICE OF CONSIDERATION OF RESPONSES 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 PUBLIC HEARING TO REVIEW AND MAKE RECOMMENDATION TO THE CITY COMMISSION ON THE FOLLOWING PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS (SEE MAPS): LS-CPA-1-00 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-S-OO TO CONSIDER CHANG- , INF 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- POSALTO 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:PUBUC 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 THIS PUBLlC 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'S OFFICE AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFOR- (407)327 -1800 #227. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEED- ING SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 #236. . THIS IS A PUBLlC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE LOCAL PLANNING AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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.