HomeMy WebLinkAboutOrdinance 2001-45 Oviedo Marketplace Project
ORDINANCE NO. 2001-45
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE
SCALE COMPREHENSIVE PLAN AMENDMENT
REFERENCED AS LS-CPA-05-01 PROVIDING FOR THE
AMENDMENT OF THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
A 49.55 ACRE TRACT LOCATED ON DOVERA DRIVE,
NORTH OF RED BUG LAKE ROAD, WITHIN THE OVIEDO
MARKETPLACE PROJECT, MORE PARTICULARLY
LEGALLY DESCRIBED HEREIN IN EXHIBIT "A"
ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM SEMINOLE
COUNTY "PLANNED DEVELOPMENT" AND
"CONSERVATION OVERLAY" TO CITY OF WINTER
SPRINGS "MIXED USE"; PROVIDING ADOPTION OF
AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR EFFECTIVE DATE AND LEGAL STATUS
OF THE PLAN AMENDMENT.
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 subject property was annexed in1995; and
WHEREAS, pursuant to Section 163.3187(b), Florida Statutes, this Comprehensive Plan
amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive
plan amendments as the amendment is related to a development of regional impact; 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
City of Winter Springs
Ordinance No. 2001-45
Page 1 of 3
WHEREAS, the Local Planning Agency recommended the City Commission transmit the
subject property large scale comprehensive plan amendment (LS-CPA-05-01) to the Florida
Department of Community Affairs for its review and comment; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare ofthe citizens of Winter Springs, Florida; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals.
herein by this reference.
The foregoing recitals are true and correct and are fully incorporated
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act, Sections
163.184 and 163.187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent is to adopt the large scale
comprehensive plan amendment (LS-CPA-05-01) designating the subject property from Seminole
County FLUM "Planned Development" and "Conservation Overlay" to City of Winter Springs
FLUM designation "Mixed Use".
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 A as Seminole County "Planned Development" and "Conservation Overlay" to
City of Winter Springs "Mixed Use." Exhibit "A" 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(l)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions: All prior inconsistent
ordinances and resolutions adopted by the City of 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, work 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. Effective Date and Legal Status ofthe Plan Amendment. The effective date of the
Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is issued
City of Winter Springs
Ordinance No. 2001-45
Page 2 of 3
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 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 12th day of November, 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: August 13, 2001 (Transmittal)
Second Reading: November 12, 2001 (Adoption)
Effective Date: See Section 8.
F:\DOCS\City of Winter Springs\Ordinances\large scale flum - 2001-45.wpd
City of Winter Springs
Ordinance No.2001-45
Page 3 of 3
Received: 7/19/01 2:40PM;
4079751278 -> BROWN.WARD.SALZMAN&WEISS.PA; Page 2
JUL. 19.2001
City of Winter Springs
Oviedo Marketplace DRI - Parcel 14
(Map of Parcel)
General Location
City of Winter Springs Municipal Boundary
Subject Site
Streets
Water Features
EXHIBIT A
2001-45
Received: 7/19/01 2:41PM:
JUL. 19.2001 1:46PM
BROWN,WARD,SALZMAN&WEISS,PA:
Page 3
Legal Description
EXHIBIT A
2001-45
City of Winter Springs-Oviedo Marketplace
Comprehensive Plan Amendment
March 2001
NOTICE OF CHANGE OF LAND USE
AND ADOPTION OF DRI DEVELOPMENT ORDER
The City of Winter Springs proposes to change the Future Land Use category of Parcel 14 of the
Oviedo Marketplace Development of Regional Impact (DRI), shown in the map in this advertisement;
and to adopt a DRI Development Order relative to this parcel, as stated below:
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,
ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS-
CPA-05-01 PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP BY DES-
IGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY
DESCRIBED AS A 49.55 ACRE TRACT LOCATED ON DOVERA DRIVE, NORTH OF RED BUG
LAKE ROAD, WITHIN THE OVIEDO MARKETPLACE PROJECT, MORE PARTICULARLY LEGAL-
LY DESCRIBED HEREIN IN EXHIBIT "N.' ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED DEVELOPMENT"
AND "CONSERVATION OVERLAY" TO CITY OF WINTER SPRINGS "MIXED USE".
A public hearing on the adoption of proposed Ordinance 2001-45 will be held on November 12, 2001
at 6:30 p.m. at the Commission Chambers, City of Winter Springs City.Hall, 1126 East State Road
434, Winter Springs, Florida. Interested parties may appear at the meeting and be heard regarding
this amendment.
Map of area
The proposed amendment may be inspected by interested parties between 8 a.m. and 5 p.m.,
Monday through Friday, at the City's Clerk's Office at 1126 East State Road 434, Winter Springs,
Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance
to participate in any of these proceedings should contact the Employee. Relations Department
Coordinator, 48 hours in advance of the meeting at (407) 327-1800#236. This is a public hearing.. If
you decide to appeal any recommendation/decision made by the City Commission with respect to
any. matter considered at this meeting, you will need a record of the proceedings, and for such pur-
poses, you may need to ensure that a verbatim record of the proceedings is made upon which the
appeal is based.
NOTICE OF CHANGE OF LAND
USE AND ADOPTION OF DRI
DEVELOPMENT ORDER
The City of Winter Springs proposes to change the Future Land
Use category. of. Parcel 14 of the Oviedo. Marketplace
Development of Regional Impact (DRI), shown in the map in
this advertisement; and to adopt a DRI Development Order rel- ,
ative to this parcel, as stated below:
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE
SCALE COMPREHENSIVE PLAN AMENDMENT REFER-
ENCED AS LS-CPA-05-01 PROVIDING FOR THE
AMENDMENT OF THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY WITHIN .
THE CITY OF WINTER SPRINGS GENERALLY
DESCRIBED' AS A 49.55 ACRE TRACT LOCATED ON
DOVERA DRIVE, NORTH OFHED BUG LAKE ROAD,
WITHIN THE OVIEDO MARKETPLACE PROJECT,
MORE PARTICULARLY LEGALLY DESCRIBED HERE IN
IN EXHIBIT "P<' ATTACHED HERETO AND FULLY
INCORPORATED. HEREIN BY THIS REFERENCE,
FROM SEMINOLE COUNTY "PLANNED DEVELOP-
MENP AND "CONSERVATION OVERLAY" TO CITY OF
WINTER SPRINGS "MIXED USE".
A public hearing on the second reading of proposed Ordinance
2001-45 will be held on August 13, 2001 at 6:30 p.m. atthe
Commission Chambers, City of Winter Springs City Hall, 1126
East State Road 434, Winter Springs, Florida. Interested parties
may appear at the meeting and be heard reglirding this amend-
ment.
Map of area
The proposed amendment may be inspected by interested par-
ties between 8 am and 5 pm, Monday through Friday, at the
City's Clerk's Office at 1126 East State Road 434, Winter
Springs, Florida. For more information call (407) 327-1800
#227. Persons with disabilities needing assistance to particI-
pate in any of these proceedings should contact the Employee
Relations Department Coordinator, 48 hours In advance of the
meeting at (401) 327-1800 #236. This is a public hearing. If you
decide to appeal any recommendation/decision made by the
City Commission with respect to any matter considered at thIs
meeting, you will need a record of the proceedlngs, and for
such purposes, you may need to ensure that a verbatim record
of the proceedings is made upon whIch the appeal is based.
ANDREA LORENZO-LUACES
CITY CLERK