HomeMy WebLinkAboutOrdinance 2001-40 FLUM 1135 S.R.434
ORDINANCE NO. 2001-40
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING
THE FUTURE LAND USE MAP DESIGNATION OF THE
REAL PROPERTY CONSTITUTING AN
APPROXIMATE 1.36 ACRE PARCEL LOCATED AT
1135 STATE ROAD 434 AND MORE PARTICULARLY
DEPICTED ON EXHIBIT "A" AND LEGALLY
DESCRIBED ON EXHIBIT "B" ATTACHED HERETO
FROM SEMINOLE COUNTY "OFFICE" TO CITY OF
WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING FOR INCORPORATION
INTO THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small
scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3 1 87(1)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency ofthe 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, the City Commission ofthe City of Winter Springs held a duly noticed public
hearing 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
City of Winter Springs
Ordinance No 2001-40
Page 1 of 4
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
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 on Exhibits "A" and "B" from Seminole County "Office" to City of Winter
Springs "Town Center." Exhibit "A" and Exhibit "B"are 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
City of Winter Springs
Ordinance No 2001-40
Page 2 of 4
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187(l)(c)(4), Florida Statutes, and Section 9J-11, 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 ofthe 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 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(3)(c), unless challenged within thirty (30) days after adoption ofthis Ordinance, then this
Ordinance shall become effective at such time the Florida Department of Community Affairs or the
Administration Commission issues a final order determining the adopted small scale Comprehensive
Plan Amendment is in compliance. No development orders, development permits, or land use
dependent on this Amendment may be issued or commenced before it has become effective. After
City of Winter Springs
Ordinance No 2001-40
Page 3 of 4
and from the effective date ofthis Amendment, the Comprehensive Plan Amendment set forth herein
shall amend the City of Winter Springs' Comprehensive Plan and become a part ofthat 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 25th day of June, 2001.
PAUL 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: June 11, 2001
Second Reading: June 25, 2001
Effective Date: See Section 9.
F:\DOCS\City of Winter Springs\Ordinances\rniranda -- 1135 S.R. 419 and 434.kj
City of Winter Springs
Ordinance No 2001-40
Page 4 of 4
\
MAP OF SURVEY
" BOUNDARY'
Commencing at the most Easterly corner at that part ot bloct '8' of O.R. MITCHELL'S
SURVEY OF THE LEVY GRANT. as recorded In Plat BoOK 1. page 5. In the offIce of the
ClerK of Circuit Court of Seminole County. FlorIda. lying South and Vest of the paved road
leading trom Sanford to Oviedo; thence along the Southwesterly side of the paved road
North 38 degrees 45 minutes West 1586.00 feet to a concrete monument for a point
of beginning: thence continuing North 39 degrees 45 minutes West 200.00 thence
South 51 degrees 15 minutes West 291.30 feet to the Southeasterly side ot a dirt road;
thence South 22 degrees 15 minutes East 208.80 feet thence North 51 degrees I5 minutes
East 351.10 feet to the point of beginning.
EXHIBIT
"A"
FRANKLIN, MIZZO & REID
CIVIL ENGINEERS-LAND SURVEYORS
EXHIBIT
"B"
2001-40
Beginning at the most Easterly corner of that part of block "B" of
D.R. MITCHELL'S SURVEY OF THE LEVY GROUP, as recorded in Plat Book 1,
Page 5, in the office of the clerk of Circuit Court of Seminole
County, Florida, lying South and West of the paved road leading from
Sanford to Oviedo; thence along the Southweterly side of the paved
road North 38 degrees 45 minutes West 1586.00 feet to a concrete monument
for a point of beginning; thence continuing North 30 degrees 45 minutes
West 200.00 feet; thence South 51 degrees 15 minutes West 291.30 feet
to the Southeasterly side of a dirt road; thence south 22 degrees 15
minutes East 208.80 feet; thence North 51 degrees 15 minutes East 351.10
feet to the point of beginning.
Less road right of way described in Order of Taking recorded in O.R. Book 2803, Page 1023.
Legal description for
1135 S.R. 419/434
Request for Annexation
Joseph M. Miranda
Orlando
Sentinel
Published Daily
State of Florida ss
COUNTY OF ORANGE
CITY OF WINTER SPRINGS
CITY HALL
Before the undersigned authority personally appeared Linda Bridgewater
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at ALTAMONTE SPRINGS in
Seminole County, Florida;
that the attached copy of advertisment, being a NOTICE OF CONSIDE
in the matter of ORD. 2001-40
in the SEMINOLE Court
was published in said newspaper in the issue; of 6/15/01
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS, in said
SEMINOLE County, florida
and the the said newspaper has heretofore been continuously published in
said SEMINOLE 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 corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Linda Bridgewater
The foregoing instrument was acknowledged before me this 14th day of
June, 2001 by Linda Bridgewater
who is personally known to me and who did take an oath
Beverly C. Simmons
(SEAL)
NOTICE OF CONSIDERATION OF
LAND USE MAP AMENDMENT
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIV-
EN THAT THE CITY COM-
MISSION OF THE CITY OF
WINTER SPRINGS WILL
HOLD A PUBLIC HEAR-
ING FOR SECOND READ-
ING OF ORDINANCE 2001-
40 CONCERNING A PRO-
POSED LAND USE MAP
AMENDMENT FROM A
SEMINOLE COUNTY DES-
IGNATION OF OFFICE TO
A CITY OF WINTER
SPRINGS DESIGNATION
OF TOWN CENTER FOR
AN APPROXIMATELY 1.36
ACRE PARCEL OF LAND
LOCATED AT 1135 STATE
ROAD 434 AND GENERAL-
L Y DEPICTED ON THE
MAP BELOW.
(MAP)
THE TITLE OF THE PRO-
POSED ORDINANCE IS
"AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS. FLORIDA.
CHANGING THE FUTURE
LAND USE DESIGNATION
OF THE REAL PROPER-
TY CONSISTING AN AP-
PROXIMATELY 1.36 ACRE
PARCEL LOCATED AT
1135 STATE ROAD 434 AND
MDRE PARTICULARLY
DEPICTED ON EXHIBIT
'A' AND LEGALLY DE-
SCRIBED ON EXHIBIT
'B' ATTACHED HERETO
FROM SEMINOLE COUN-
TY 'OFFICE" TO CITY OF
WINTER SPRINGS 'TOWN
CENTER"; PROVIDING
FOR REPEAL OF PRIOR
INCONSISTENT ORDI-
NANCES AND RESOLU-
TIONS; PROVIDING FOR
INCORPORATION INTO
THE COMPREHENSIVE
PLAN; PROVIDING FOR
SEVERABILITY; AND,
PROVIDING FDR AN EF-
FECTIVE DATE."
THIS PUBLIC HEARING
ON THE PROPOSED
LAND USE MAP AMEND-
MENT WILL BE HELD ON
JUNE 25. 2001 AT 6:30 P.M. AT
THE WINTER SPRINGS
CITY HALL IN THE CITY
CDMMISSION CHAMBERS
AT 1126 EAST STATE
ROAD. 434. WINTER
SPRINGS. FLORIDA. IN-
TERESTED PERSONS
MAY ATTEND AND BE
HEARD.
A COMPLETE METES
AND BOUNDS LEGAL DE-
SCRIPTION OF THE SUB-
JECT PROPERTY AND
THE ORDINANCE PER-
TAINING TO THE ABOVE
MAY BE OBTAINED
FROM THE OFFICE OF
THE CITY CLERK. AT
CITY HALL. 1126 EAST
STATE ROAD 434. WIN-
TER SPRINGS. FLORIDA.
FOR MORE INFORMA-
TION CALL 327-1800 #227.
PERSONS WITH DISABILI.
TIES NEEDING ASSIS-
TANCE TO PARTICIPATE
IN ANY OF THESE PRO-
CEEDINGS SHOULD CON-
TACT THE EMPLOYEE
RELATIONS DEPART-
MENT COORDINATOR 48
HOURS IN ADVANCE OF
THE MEETING AT (407)
327-1800 #236.
THIS A PUBLIC HEAR.
ING. IF YOU DECIDE TO
APPEAL ANY DECISION
OR RECOMMENDATION
MADE BY THE CITY COM-
MISSION WITH RESPECT
TO ANY MATTER CON-
SIDERED AT THIS MEET-
ING. YOU WILL NEED A
RECORD OF THE PR~
CEEDINGS, AND. FOR
SUCH PURPOSES. YOU
MAY NEED TO ENSURE
THAT 'A VERBATIM RE-
CORDOFTHEPROCEE~
INGS IS MADE UPON
WHICH THE APPEAL IS
TO BE BASED.
ANDREA LORENZO-
LUACES 6/15/01