HomeMy WebLinkAboutOrdinance 2004-05 Small-Scale FLUM
ORDINANCE NO. 2004-05
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 A PARCEL OF NINE (9)
ACRES MORE OR LESS AND LOCATED WITHIN WINTER
SPRINGS, FLORIDA, AND LEGALLY DESCRIBED AS EAST
Yz OF LOT 3, BLOCK C, AND EAST 1/2 OF LOT 3, BLOCK D,
OF MITCHELL'S SURVEY OF LEVY GRANT ON LAKE
JESSUP, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
INCLUDING THAT PORTION OF ORANGE A VENUE THAT
INTERSECTS THE TWO LOTS, AND GENERALLY
LOCATED ON STATE ROAD 434 ADJACENT TO CENTRAL
WINDS PARK AND MORE PARTICULARLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE
COUNTY "SE-SUBURBAN ESTATES" TO CITY OF WINTER
SPRINGS "TOWN CENTER"; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, 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 February 4, 2004, 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. 2004-05
Page I of 4
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
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 "SE-Suburban Estates" to City of Winter
Springs "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this
reference.
City of Winter Springs
Ordinance No. 2004-05
Page 2 of 4
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.
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
Comprehensi ve 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 l63.3187(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effective at such time as the Florida Department of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
City of Winter Springs
Ordinance No. 2004-05
Page 3 of 4
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 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 March,2004.
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: February 23, 2004
Second Reading: March 8, 2004
Effective Date: See Section 9.
G:\Docs\City of Winter Springs\Ordinances\Small Scale FLUM2004-05.wpd
City of Winter Springs
Ordinance No. 2004-05
Page 4 of 4
EXHIBIT "A"
LOCATION MAP
LEGAL DESCRIPTION
The East 1/2 of Lot 3, Block C and the East 1/2 of Lot 3, Block D and the portion of Orange Avenue
lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1,
Page 5, Public Records of Seminole County, Florida, being more particularly described as follows:
Begin at the intersection of the West line of the East Y2 of said Lot 3, Block D and the Northerly
right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official
Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E
along said West line, and along a Northwesterly projection thereof and along the West line of the
East ;!z of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate
edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33 '04" E along said
East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D
a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S
82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of
Beginning.
Containing 8.9 acres more or less.
Orlando
Sentinel
Published Daily
State of Florida } S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared BEVERLY C. SIMMONS
, 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 advertisement being a NOTICE OF LPA PUB
in the matter OF ap 407-327-1800 ORD. 2004-05,2004-07
in the SEMINOLE Court
was published in said newspaper in the issue; of 01/25/04
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS in said
SEMINOLE County, Florida,
and that the said newspaper has heretofore been continuously published in
said SEMINOLE County, Florida,
each week Day and has been entered as second-class mail matter at the post
office in ALTAMONTE SPRINGS 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.
The foregoing instrument was acknowledged before me this 27th day of
January , 2004, by Beverly C. Simmons
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 Pubilc Notice That
The Local Planning Agency
Will Consider The Proposed
Plan Amendment.
ORDINANCE NO. 2004.05
AN ORDINANCE OF THE
CITY COMMISSIDN OF
THE CITY OF WINTER
SPR I NGS, FLOR I DA
ADOPTING A SMALL
SCALE FLUM AMEND.
MENT BY CHANGING
THE FUTURE LAND USE
MAP DESIGNATION OF
THE REAL PROPERTY
CONSTITUTING A PAR-
CEL OF NINE (9) ACRES
MORE OR LESS AND LO.
CATED WITHIN SEMI.
NOLE COUNTY, FLORI.
DA, AND LEGALLY
DESCRIBED AS EAST 1/2
OF LOT 3, BLOCK C AND
EAST 1/2 OF LOT 3, BLOCK
0, OF MITCHELL'S SUR.
VEY OF LEVY GRANT ON
LAKE JESSUP, ACCORD.
ING . TO THE PLAT
THEREOF AS RECORDED
IN PLAT BOOK 1. PAGE 5
OF THE PUBLIC RE:
CORDS OF SEMINOLE
COUNTY, FLORIDA IN
CLUDING THAT PORTI0N
OF ORANGE AVENUE
THAT INTERSECTS THE
TWO LOTS, AND GENER.
ALLY LOCATED ON
STATE ROAD 434 ADJA-
CENT TO CENTRAL
WINDS PARK AND MORE
PARTICULARLY DE
SCRIBED ON EXHIBIT
A ATTACHED HERETO
FROM SEMINOLE COUN
TY "SE-SUBURBAN" TO
CITY OF WINTER
SPRINGS "TOWN CEN-
TER ; PROVIDING FOR
THE REPEAL OF PRIOR
INCONSISTENT ORDI
NANCES AND RESOLU:
TIONS, SEVERABILITY
INCORPORATION INTO
THE COMPREHENSIVE
PLAN, AND AN EFFEC
TIVE DATE. .
ORDINANCE NO. 2004.07
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPR I NGS, FLOR I DA
ADOPTING A SMALL
SCALE FLUM AMEND.
MENT BY CHANGING
THE FUTURE LAND USE
MAP DESIGNATION OF
THE REAL PROPERTY
CONSTITUTING A PAR
CEL OF 9.07 ACRES MORE
OR LESS AND LOCATED
AT THE NORTHEAST
CORNER OF THE INTER-
SECTION OF TUSCA
TRAIL AND FISHER
ROAD (a/k/o BIRD ROAD)
IN WINTER SPRINGS
FLORIDA, AND MORE
PARTICULARL Y DEPICT.
ED AND LEGALLY DE.
SCRIBED ON EXHIBIT
A ATTACHED HERETO
FROM SEMINOLE COUN
TY "LDR" TO CITY OF
WINTER SPRINGS "RU.
RAL RESIDENTIAL'"
PROVIDING FOR THE RE:
PEAL OF PRIOR INCON-
SISTENT ORDINANCES
AND RESOLUTIONS, SEV
ERABJLITY,INCORPORA.
TION INTO THE COMPRE.
HENSIVE PLAN, AND AN
EFFECTIVE DATE
ON WEDNESDA Y
FEBRUARY 4, 2004
BEGINNING AT 7:00 PM
IN THE COMMISSION CHAMBERS
LOCATED AT THE
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIOA
The proposed ordinances
may be inspected by inter
ested parties between 8 am
and 5 pm, 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 236. this is
a public hearing. If you de-
cide to appeal any recom-
mendation/decision made by
the Local Planning Agency
with respect to any matter
considered at this meeting,
you will need a record at the
proceedings, and for such
purposes, you may need to
ensure that a verbatim re-
cord of the proceedings is
made upon which the appeal
is based.
CSE 5455124 JAN.25.2004