HomeMy WebLinkAboutOrdinance 2004-07 Small-scale FLUM
ORDINANCE NO. 2004-07
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 9.07 ACRES
MORE OR LESS AND LOCATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF TUSCA TRAIL AND
FISHER ROAD (a/k/a BIRD ROAD) IN WINTER SPRINGS,
FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO FROM SEMINOLE COUNTY "LDR" TO CITY OF
WINTER SPRINGS "RURAL RESIDENTIAL"; 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
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. 2004-07
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 ofthe 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 "LDR" to City of Winter Springs "Rural
Residential." 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. 2004-07
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 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 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
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
City of Winter Springs
Ordinance No. 2004-07
Page 3 of 4
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 of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: February 23, 2004
Second Reading: March 8, 2004
Effective Date: See Section 9.
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City of Winter Springs
Ordinance No. 2004-07
Page 4 of 4
EXHIBIT "A"
LOCATION MAP
SUBJECT SITE
LEGAL DESCRIPTION
Commence at the Southeast Corner of Section 11, Township 21 South,
Range 30 East, Seminole County, Florida, and run N. 88deg 47min 12sec W. along
the South line of said Section 11, 1452.00 feet; thence run N. OOdeg 14min 58sec E.
1401.63 feet; thence run N. 84deg 26min 5lsec W., 15.06 feet to the Point of
Beginning; thence continue N. 84deg 26min 51sec W. 489.52 feet to the easterly
line of Fisher Road; thence S. 05deg 28min 34sec W. along said easterly line, 513.03
feet to a point on the arc of a curve concave to the west; thence
southerly along said curve having a radius of 436.36 feet, a delta of
19deg 30min OOsec, an arc distance of 148.51 feet to a point of reverse curvature
of a curve concave to the east; thence southerly along said curve, having
a radius of 436.36 feet, a delta of Oldeg 37min 26sec, an arc distance of 12.37
feet to the northerly line of a 30 foot easement (Tusca Trail); thence
S. 66deg 37min 43sec E. along said line, 215.76 feet to a point of curvature of
EXHIBIT "A"
a curve concave to the north; thence easterly along said curve
having a radius of 803.74 feet, a delta of 11 deg 09min 42sec, an arc distance of
162.42 feet; thence S 77deg 47min 24sec E., 21 0.31 feet; to a point of curvature of
a curve concave to the northwest; thence northerly along said curve
having a radius of20.00 feet, a delta of 101deg 57min 28sec, an arc distance
of35.59 feet; thence N OOdeg 14min 58sec E., 775.59 feet to the Point of Beginning.
TOGETHER WITH EASEMENT RIGHTS TO:
TRACT "A"
Commence at the S.E. comer of Section 11, Township 21 South, Range 30
East, Seminole County, Florida; Thence run N. 88deg 47min 12sec W. along the South
line of said Section 11, 1452.00 feet; Thence run N. OOdeg 14min 59sec E. parallel
with the East line of the aforementioned Section 11,568.916 feet to
the S.W. comer ofthe "Richards" tract as described in O.R.B. 1231
at Page 601 of the Public Records of Seminole County Florida; Thence
continue N. OOdeg 14min 58sec E. parallel with the East line of the aforementioned
Section 11, along the West line of the "Richards" tract, 30.665 feet
to the S.E. comer and the Point of Beginning of the tract about to
be described, said point being the N.E., comer of New Tusca Trail; Thence
run N. 77deg 47min 24sec W. along the Northerly line of New Tusca Trail, 40.014
feet; Thence run Easterly and Northerly along a curve concave
Northwesterly, having for its elements a radius of20.00 feet, a central
angle of 101deg 57min 28sec and a chord bearing ofN. 51deg 13min 47sec E. for an arc
distance of35.591 feet; Thence run N. OOdeg 14min 58sec E., parallel with the East
line of the aforementioned Section 11, 775,588 feet to the intersection
with the Southerly line of the n.R. Mitchell survey of Levy Grant as
recorded in Plat Book 1 at Page 5, Public Records of Seminole County,
Florida; Thence run S. 84deg 26min 51 sec E. along said Southerly line of the Levy
Grant, 15.064 feet to the N.E. comer of the "Grindle" tract as recorded
in O.R.B. 1976 at Page 904 of the Public Records of Seminole County,
Florida; Thence run S OOdeg 14min 58sec W., parallel with the East line ofthe
aforementioned Section 11, along the East line of said "Grindle" tract
802.055 feet to the Point of Beginning. Said parcel situated, lying and being in Seminole
County, Florida.
EXHIBIT "A"
TRACT "B" NEW TUSCA TRAIL
Commence at the S.E. comer of Section 11, Township 21 south, Range
30 East, Seminole county, Florida; Thence run N. 88deg 47min 12sec W. along the
South line of said Section 11, 1452.00 feet; Thence run NOOdeg 14min 58sec E.,
568.916 feet to the S.W. comer of the "Richards" tract as described
in O.R.B. 1231 at Page 601, of the Public Records of Seminole County,
Florida, said point being the S.E. corner and the Point of Beginning
of the tract about to be described; Thence N. 77deg 47min 24sec W. along the Westerly
projection of the Southerly line of the aforementioned "Richard" tract,
256.673 feet to the P.C. of a curve concave Northerly; Thence run
Westerly along said curve having for its elements a radius of 833.740
feet and a central angle of Ildeg 09min 41sec for an arc distance of 162.415
feet; Thence run N.66deg 37min 43sec W. 214.718 feet to a point on the Easterly
right-of-way line of Fisher Road; Thence run Northwesterly right-of-way
line, along a curve concave Easterly, having for its elements a radius
of 436.36 feet, a central angle of 03deg 56min 32sec and a chord bearing of
N. 21deg 22min 52sec E., for an arc distance of30.024 feet; Thence run
S. 66deg 37min 43sec E., 215.761 feet to the P.C. of a curve concave Northerly;
Thence run Easterly along said curve, having for its elements a radi us of 803.74
feet and a central angle of Ildeg 09min 41sec for an arc distance of 156.571
feet; Thence run S. 77 deg 47min 24sec E., 250.319 feet to a point on the West line
of the aforementioned "Richards" tract; Thence run S. OOdeg 14min. 58sec W. along
said West line of the "Richards" tract, 30.665 feet to the Point of
Beginning. Said lands situate, lying and being in Seminole County, Florida.
NOTICE OF CHANGES TO THE FUTURE LAND USE MAP AND ZONING
MAP CITY OF WINTER SPRINGS
Received Jan 29, 2004
CITY OF WINTER SPRINGS
CITY HALL
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 Public Notice That
The Local Planning Agency
Will consider the Proposed
Plan Amendment.
ORDIANCE NO. 2004-07
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
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/a BIRD ROAD)
IN WINTER SPRINGS
FLORIDA, AND MORE
PARTICULARLY 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
PEARL OF PRIOR INCON
SISTENT ORDINANCES
AND RESOLUTIONS, SEV-
ERABILITY, INCORPORAT
TION INTO THE COMPRE-
HENSIVE PLAN, AND AN
EFFECTIVE DATE.
ON WEDNESDAY
FEBRUARY 4, 2004
BEGINNING 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 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 #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 any recom-
mendation/decision made by
the Local Planning Agency
with respect to any matter
considered at this rneeting,
you will need a record of 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.
CSE5455124 -JAN.25,2004