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HomeMy WebLinkAboutOrdinance 2001-24 FLUM/Moss Rd. ORDINANCE 2001-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING AN EMERGENCY LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS-EM-CPA-I-0l) CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM 'COMMERCIAL" TO "MEDIUM DENSITY RESIDENTIAL"; DESIGNA TION ON AN APPROXIMATELY 36.21 ACRES LOCATED ON THE NORTH AND SOUTH SIDE OF STATE ROAD 434 AND ON THE EAST AND WEST SIDE OF MOSS ROAD IN GENERAL PROXIMITY TO THE STATE ROAD 434 AND MOSS ROAD INTERSECTION; 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 City and Wyman Fields Foundation are currently in a private/public partnership to rehabilitate 188 multi-family units around the Moss Road and State Road 434 area; and WHEREAS, Wyman Fields has currently rehabilitated some of the units and is currently in the process of selling some units, however, the existing "Commercial" Future Land Use Map designation on the property has made it difficult to secure title insurance, land acquisition and City of Winter Springs Ordinance No. 2001-24 Page 1 of 5 development loans and end-loans to homeowners because the property consists of multi-family housing and lenders and insurers are concerned that the "Commercial" designation could someday undermine the residential nature of the multi-family project; 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 Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments; 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 "emergency" plan amendment set forth hereunder and considered findings and advice of the Land Planning Agency, 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 would promote the continuing public/private partnership between Wyman Fields and the City to develop affordable owner occupied housing on the Property which is subject to this Ordinance; 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. City of Winter Springs Ordinance No. 2001-24 Page 2 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 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 36.21 acre parcel ofland generally located in and around the intersection of Moss Road and State Road 434 as shown in "1" of this Ordinance. 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 on Exhibit "1" from the future land use map designation of "commercial" to the future land use map designation of "medium density residential". 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 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 City of Winter Springs Ordinance No. 2001-24 Page 3 of 5 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 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 City of Winter Springs Ordinance No. 2001-24 Page 4 of 5 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:\DOCSICity of Winter SpringslOrdinanceslWyman Fields - Large Scale FLUM.kj City of Winter Springs Ordinance No. 2001-24 Page 5 of 5 FUTURE LAND USE MAP (PART OF) EXHIBIT I