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HomeMy WebLinkAboutOrdinance 2003-19 FLUM/Orange Avenue ORDINANCE NO. 2003-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS TOTALING 3.09 ACRES MORE OR LESS AND LOCATED ON ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHmIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FORINCORPORA TION INTO THE COMPREHENSIVE PLAN; 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 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on July 2, 2003, 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 City of Winter Springs Ordinance No. 2003-19 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 Exhibit "A" from Seminole County "Low Density Residential" to City of Winter Springs "Town Center." 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 City of Winter Springs Ordinance No. 2003-19 Page 2 of 4 163.3187(1)(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 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 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 163.3 1 87(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. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein City of Winter Springs Ordinance No. 2003-19 Page 3 of 4 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 11 th day of August, 2003. John F. Bush, 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: July 28, 2003 Second Reading: August 11, 2003 Effective Date: See Section 9. F:\DocsICity of Winter SpringslOrdinanceslSmaIl Scale FLUM2003-19.wpd City of Winter Springs Ordinance No. 2003-19 Page 4 of 4 August 11, 2003 PUBLIC HEARING AGENDA ITEM A EXHIBIT "A" LOCATION MAP August 11, 2003 PUBLIC HEARING AGENDA ITEM A METES & BOUNDS DESCRIPTIONS Parcel A- Beginning at the Southeast corner of Lot 5 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, run along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27" W, 60.00 feet; thence leaving said right-of-way line run N 22 D 12' 23" E, 363.00 feet; thence run S 64 D 27' 11" E, 59.88 feet; thence run S 22 D 15' 01" W, 367.24 feet to the Point of Beginning. Parcel B- Beginning at the Southeast corner of Lot 2 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 ofthe Public Records of Seminole County, Florida, also being the Point of Beginning, run along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27",60.00 feet; thence leaving said right- of-way line run N 22 D 07' 02" East, 703.29 feet, thence run S 64 D 27' 11" E, 60.15 feet; thence run S 22 D 09' 43" W, 347.51 feet; thence run S 60 D 25' 30" E, 60.28 feet; thence run 60 D 23' 27" E, 7.34 feet; thence run S 22 D 12' 23" W, 40.00 feet; thence run S 60 D 23' 27" E, 33.00 feet; thence run S 22 D 12' 23" W, 83.00 feet; thence run N 60 D 23' 27" W, 40.34 feet; thence run N 60 D 24' 48" W, 60.18 feet; thence run S 22 D 09' 43" W, 237.00 feet to the Point of Beginning. Parcel C- Beginning at the Northwest corner of Lot 3 of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, also being the Point of Beginning, run S 64 D 27' 11" E, 100.22 feet; thence run S 22 D 12' 23" W, 394.60 feet; thence run N 60 D 23' 27" W, 33.00 feet; thence run N 22 D 12' 23" E, 40.00 feet; thence run N 60 D 23' 27" W, 7.34 feet; thence run N 60 D 25' 30" W, 60.28 feet; thence run N 22 D 09' 43" E, 347.51 feet to the Point of Beginning. Parcel D- Beginning at the Southwest corner of Lot 1, Estes Tuskawilla, according to the plat thereof as recorded in Plat Book 8, Page 29, Public Records of Seminole County, Florida; thence run along the Northerly right-of-way of Orange Avenue, S 60 D 23' 27" E, 120.00 feet to the Point of Beginning; thence run N 22 D 09' 43" E, 237.00 feet; thence run S 60 D 24' 48" E, 60.18 feet; thence run S 60 D 23' 27" E, 40.34 feet; thence run S 22 D 12' 23" W, 237.03 feet, thence run N 60 D 23' 27" W, 100.33 feet to the Point of Beginning. Subject to an easement for ingress and egress over the Easterly 20 feet of the westerly 40 feet of said Lot 4. Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE 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 ORLANDO in ORANGE County, Florida; that the attached copy of advertisement being a NOTICE OF LPA PUB in the matter of ORDS: 2003-19 in the ORANGE Court was published in said newspaper in the issue; of 06/20/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO in said ORANGE County, Florida, and that the said newspaper has heretofore been continuously published in said ORANGE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ORLANDO in said ORANGE 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. The foregoing instrument was acknowledged before me this 20 day of June , 2003, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Julia Nichols NOTICE OF LPA PUBLIC HEARING RELATED TO COMPREHENSIVE PLAN AMENDMENT The City of Winter Springs Gives Public Notice That The Local Planning Agency Will Consider The Proposed Plan Amendment: ORDINANCE NO. 2003-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMEND- MENT BY CHANGI NG THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS TOTALING 3.09 ACRES MORE OR LESS AND LOCATED ON OR- ANGE AVENUE IN WIN- TER SPRINGS. FLORIDA AND MORE PARTICULAR- L Y DEPICTED AND LE. GALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMI- NOLE COUNTY "LOW DENSITY RESIDENTIAL' TO CITY OF WINTER SPRINGS "TOWN CEN- TER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI. NANCES AND RESOLU TIONS; PROVIDING FOR SEVERABILITY; PROVID- ING FOR INCORPORA- TION INTO THE COMPRE- HENSIVE PLAN; AND PROVIDING FOR AN EF. FECTIVE DATE. ON WEDNESDAY. JULY 2. 2003 AT 7:00 P.M. IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA The proposed ordinances may be inspected bv inter- ested parties between 8 a.m. and 5 p.m., Mondav through Friday, at the Citv's Clerk's Office, located at 1126 East State Road 434, Winter Springs. Florida. For more information call (407) 327- 1800 #227. Persons with disa. bilities needing assistance to participate in any of these proceedings should contact the Employee Rela. tions Department Coordina- tor, 48 hours In advance of the meeting at (407) 327- 1800, Extension 236. This Is a public hearing. If you de- cide to appeal anv recom- mendation/decision made bv the Local Planning Agency with respect to any matter considered at this meeting, vou will need a record of the proceedings, and for such purposes. vou may need to ensure that a verbatim re- cord of the proceedings Is made upon which the appeal is based. COR5097168 6/20/03 NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCES: NOTICE OF AMENDMENT OF CHAPTER 3, ALCOHOLIC BEVERAGES WINTER SPRINGS CODE OF ORDINANCES ORDINANCE ND. 2003-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SOPR- INGS CODE OF ORDINANCES, CHAPTER 3, ALCOHOLIC BEVERAGES: ADOPTING DEFINITIONS: REGULATING OPEN ALCOHOLIC BEVER- AGE CONTAINERS IN PUBLIC PLACES: PROVIDING A GENERAL PENALTY PROVISION FOR VIOLATIONS OF CHAPTER 3: PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS: PROVIDING FOR INCORPORATION INTO THE CODE: PROVIDING FOR SEVERABILITY: AND PROVIDNG FOR AN EFFEC- TIVE DATE, NOTICE OF AMENDMENT OF SECTION 9-281, MIN. SCREENING WINTER SPRINGS CODE OF ORDINANCES ORDINANCE NO, 2003-26 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, AMENDING SECTION 9-281, MINIMUM SCREENING REQUIREMENTS, OF THE WINTER SPRINGS CODE BY EXTENDING THE.COMPLIANCE DATE FOR DUMPSTER SCREENING TO OCTOBER 1, 2004: PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS: PROVIDING FOR INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFEC- TIVE DATE. NOTICE OF CHANGES TO THE FUTURE LAND USE MAP ORDINANCE NO. 2003-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN. TER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMEND- MENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS TO- TALING 3,09 ACRES MORE OR LESS AND LOCATED ON ORANGE AVE- NUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER": PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS: PROVIDING FOR SEVERABILITY: PROVIDING FOR INCOR- PORATION INTO THE COMPREHENSIVE PLAN: AND PROVIDING FOR AN EFFECTIVE DATE. (SEE MAP "A" RELATING TO 'THIS AMENDMENT) NOTICE DF CHANGES TO THE ZONING MAP ORDINANCE NO. 2003.20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA. CHANGING THE ZONING MAP DESIGNA- TION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS OF 3,09 ACRES MORE OR LESS, GENERALLY LOCATED ON ORANGE AVENUE IN WI NTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT": PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. (SEE MAP "A" RELATING TO THIS AMENDMENT) MAP "A" PUBLIC HEARINGS FOR THE 2ND AND FINAL READING ON THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, AUGUST 11, 2003 AT 6:30 P.M, OR SOON THEREAFTER, IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS. FlDRIDA lnterested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. The proposed ordinances as well as the complete legal description of the subject properties indicated on Map" A" may be inspected bY interested parties between 8 a.m. and 5 pm Monday through Friday, at the Citv's Clerk's Office, located at 1126 East State Rood 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 De- partment Coordinator, 48 hours in advance of the meeling at (407) 327-1800 Extension 236. This is a public hearing, If you decide to appeal any recom- mendation/decision made by the City Commission with respect to any mat- ter 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 mode upon which the appeal is based, OLS5158179 7/31/03