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Home My WebLink AboutOrdinance 2004-13 Changing the FLUM Designation Zoning/1112 Orange Avenue ORDINANCE NO. 2004-13 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 TOTALING 3.3 ACRES MORE OR LESS AND LOCATED AT 1112 ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATT ACHED HERETO FROM SEMINOLE COUNTY "SE-SUBURBAN ESTATES" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORA TION 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(l)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on February 19, 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 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 City of Winter Springs Ordinance No. 2004-13 Page 1 of 4 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" and "Conservation" 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 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. City of Winter Springs Ordinance No. 2004-13 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. 2004-13 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 22nd 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: March 8, 2004 Second Reading: March 22, 2004 Effective Date: See Section 9. G:\Docs\City of Winter Springs\Ordinances\Small Scale FLUM2004-l3. wpd City of Winter Springs Ordinance No. 2004-13 Page 4 of 4 ORDINANCE 2004-13 EXHIBIT "A" LOCATION MAP Lake Jesup SUBJECT SITE Legal Description: A portion of Lot 7, Block B, D.R. Mitchell's Survey of the 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: Metes & Bounds Description: Commence at a #4 rebar at the Southwest Corner of Lot 7, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; Thence run along the South Boundary line of said Lot 7, North 90 degrees 00' 00" East 250.80 feet to a #4 rebar and cap #2259 at the Point of Beginning (P.O.B.) of this description; departing aforesaid South Boundary line Thence North 00 degrees 28' 00" East 642.83 feet to a #4 rebar, located South 00 degrees 28'00" West 40 feet, more or less, from the meander line and the water's edge along Lake Jessup, and also being the Point of Beginning (P.O.B.) of the survey closure line; Thence along said line South 38 degrees 32' 51" East 400.00 feet to a #5 rebar at the Point of Termination (P.O.T.) on the East boundary line, located South 00 degrees 28' 00" West 310 feet, more or less from said meander line and the water's edge of Lake Jessup; thence along East Boundary line South 00 degrees 28'00" West 330.00 feet to a 4"x4" concrete monument #2005 at the Southeast Corner of ORDINANCE 2004-13 EXHIBIT "A" aforesaid Lot 7; departing said line thence along said South Boundary line North 00 degrees 00'00" East 251.80 feet to a #4 rebar and cap #2259 at the Point of Beginning (P.O.B.).. .including all lands lying between the survey closure line herein described and the meander line and the water's edge of Lake Jessup herein described, which lie between true extensions of the West and East Boundary lines of the parcel herein described, said parcel containinq 3.7 acres. more or less. Bearings are based on the Orange Avenue. NOTICE OF CHANGES TO THE FUTURE LAND USE MAP AND ZONING MAP CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT ORDINANCE NO. 2004-12 A CITY-INITIATED ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF EIGHT (8) PARCELS OF REAL PROPERTY LOCATED ON BELLE AVENUE IN WINTER SPRINGS, FLORIDA, MORE SPECIFICALLY DESCRIBED HEREIN, FROM "C-2 GENERAL COMMER- CIAL' TO "C-C COMMERCE CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVER- ABILITY, AND AN EFFECTIVE DATE. (SEE MAP 'A' BELOW) ORDINANCE NO. 2004-13 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 TOTALING 3.3 ACRES MORE OR LESS AND LOCATED AT 1112 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A" ATTACHED HERETO FROM SEMINOLE COUNTY "SE-SUBURBAN ESTATES" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT' AND "CON- SERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO- LUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHEN- SIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP 'B' BELOW) ORDINANCE NO. 2004-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY LOCATED AT 1112 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED HERETO AND. FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM -SEMINOLE COUNTY "A-1 AGRICULTURAL TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABIL- ITY, AND AN EFFECTIVE DATE. (SEE MAP 'B' BELOW) PUBLIC HEARINGS FOR THE 2ND & FINAL READING WILL BE HELD ON MONDAY, MARCH 22, 2004 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, FLORIDA The proposed ordinances and the complete legal descriptions of the properties may be obtained 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 #227. Persons with disabilities needing assistance to participate in any of these pro- ceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. These are public hearings. 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 purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be, heard with respect to the proposed ordinances. Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH M. TONEY , 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 THE CITY OF WINTE in the matter of Ord 2004-33 in the SEMINOLE Court was published in said newspaper in the issue; of 02/08/04 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 11 day of FEB , 2004, by DEBORAH M. TONEY who is personally known to me and did take an oath. (SEAL) Linda Bridgewater THE CITY OF WINTER SPRINGS GIVES PUBLIC NOTICE THAT THE LOCAL PLANNING AGENCY WILL CONSIDER THE FOLLOWING PRO. POSED SMALL SCALE COMPRE- HENSIVE PLAN AMENDMENTS: ORDINANCE NO. 2004.13 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 TOTALING 3.3 ACRES MORE OR LESS AND LO- CATED AT 1112 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA AND MORE PARTICULARLY DEPICTED AND LEGAL- LY DESCRIBED ON EX- HIBIT "A" ATTACHED HERETO FROM "SE-SUB- URBAN ESTATES" AND "CONSERVATION" TO "TOWN CENTER DIS TRICT" AND "CONSERVA- TION OVERLAY" (ON THOSE AFFECTED AR- EAS); 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 THURSDAY, FEBRUARY 19, 2004 AT 7:00 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA The proposed ordinance may be inspected by inter- ested 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 #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 meeting, 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: Interested Parties are advlsed that they may appear at the meeting and be heard with respect to the proposed ordinance CSE5476654 . 2/8/04