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HomeMy WebLinkAboutOrdinance 2002-01 FLUM/Nursery Road ORDINANCE NO. 2002-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY 17 /92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) "COMMERCIAL, INDUSTRIAL AND LOW-DENSITY RESIDENTIAL" TO (CITY OF WINTER SPRINGS) "COMMERCIAL"; PROVIDING FOR SEVERABILITY; CONFLICTS AND 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 163.3187(1)( c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on March 7,2001, 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 of the 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 analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and City of Winter Springs Ordinance No. 2002-01 Page 1 of 4 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 OF WINTER SPRINGS, FLORIDA, 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 Exhibit "A" as Seminole County "Commercial, Industrial and Low-Density Residential" to City of Winter Springs "Commercial". 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(1)(c)( 4), Florida Statutes, and Section 9J-11, Florida Administrative Code. City of Winter Springs Ordinance No. 2002-01 Page 2 of 4 Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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 Agreement 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 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 of this 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. In addition, the effective date of this ordinance is contingent upon the recording of the Binding Development Agreement between the City of Winter Springs and Wayne P. Reece for the subject City of Winter Springs Ordinance No. 2002-01 Page 3 of 4 property, dated July 8, 2002. After and from the effective date of this Amendment, the Comprehensive Plan Amendment 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 8th day of July, 2002. PaulP. 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 24, 2002 Second Reading: July 8, 2002 Effective Date: See Section 9 City of Winter Springs Ordinance No. 2002-01 Page 4 of 4 EXHIBIT "A" Legal Description LEGAL DESCRIPTION LOT 19 AND THE WESTERNLY ONE-HALF OF GRACE AVENUE ABUTTING LOT 19. ENTZINGER FARMS ADDITION NO.3 AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. PARCEL #1: WESTERLY 500 FEET OF LOT 19 (LESS SLY 165 FEET AND SLY 235 FEET OF WLY 170 FEET) ENTZINGER'S FARM ADDITION #3. ACCORDING TO THE PLAT THERE OF RECORDED AMONG THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. PARCEL #2: THAT PART OF LOT 19. ENTZINGER FARM'S ADDITION NO.3. RECORDED IN PLAT BOOK 6. PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE. COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 19. THENCE N84'09'38"E. 500.00 FEET ALONG THE NORTH LINE OF SAID LOT 19 FDR A POINT OF BEGINNING; THENCE SOS'SO'30'W. 156.11 FEET ALONG A LINE PARALLEL WITH AND 500.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 19. SAID 500.00 FEET BEING MEASURED ALONG THE NORTH LINE AND ALONG THE SOUTH LINE OF SAID LOT 19. THENCE N8S'30'33"E. 31.91 FEET; THENCE NOS"S6'S7"W. 153.63 FEET TO THE POINT OF BEGINNING. PARCEL #3: NORTHERLY 70 FEET OF SOUTHERLY 235 FEET OF WESTERLY 170 FEET OF LOT 19. ENTZINGER FARMS. ADDITION NO.3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. LOTS 1 & 12. BLOCK D. TALMO SUBDIVISION. PLAT BOOK 9. PAGE 10. JAN-31-2002 15:07 P.21 Map of Subject Properties TOTAL P.21 MAP OF UNINCORPORATED SEMINOLE COUNTY NOTICE OF LAND USE CHANGE THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE: ORDINANCE NO. 2002-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY GENERAL- LY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY 17/92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REt'- ERENCE, AND REFERRED TO AS THE NURSERY ROAD PROP- ERTY, FROM (SEMINOLE COUNTY) "COMMERCIAL, INDUSTRI- AL AND LOW-DENSITY RESIDENTIAL" TO (CITY OF WINTER SPRINGS) "INDUSTRIAL"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. A PUBLIC HEARING ON THE ORDINANCE WILL BE HELD ON FEBRUARY 11, 2002 AT 6:30 P.M. AT THE CITY COMMISSION CHAMBERS LOCATED AT 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Cierk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 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, Extension 236. This is a public hearing. If you decide to appeal any recommenda- tion/decision made by the City Commission with respect to any matt.er considered at this meeting, you will need a recprd 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 based. cJ;REAL~~ CI1Y CLERK NOTICE OF ZONING CHANGE THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE: ORDINANCE NO. 2002-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING DES- IGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY 17/92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOl E COUNTY) C-3 "GENERAL COMMERCIAL AND WHOLESALE DISTRICT" AND R-1 "SINGLE FAMILY DISTRICT" TO (CITY OF WINTER SPRINGS) C-2 "COMMERCIAL DIS- TRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. A PUBLIC HEARING ON THE ORDINANCE WILL BE HELD ON FEBRUARY 11, 2002 AT 6:30 P.M. AT THE CITY COMMISSION CHAMBERS LOCATED AT 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 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, Extension 236. This is a public hearing. If you decide to appeal any recommenda- tion/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 purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. cJ;REAW~- CITY CLERK " ?!