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HomeMy WebLinkAboutOrdinance 2004-19 FLUM/1184 Orange Avenue ORDINANCE NO. 2004-19 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 A PARCEL TOTALING 1.7 ACRES MORE OR LESS AND LOCATED AT 1184 ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A TT ACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); 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 June 2, 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 City of Winter Springs Ordinance No. 2004-19 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 '~" from Seminole County "Suburban Estates" and "Conservation" to City of Winter Springs "Town Center District" and "Conservation Overlay" (on those affected areas). 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. 2004-19 Page 2 of 4 163.3187(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 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 City of Winter Springs Ordinance No. 2004-19 Page 3 of 4 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 12th day of July, 2004. Robert S. Miller, Deputy Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk legal form and sufficiency for ter Springs only: Anthony A. Garganese, City Attorney First Reading: June 28, 2004 Second Reading: July 12, 2004 Effective Date: See Section 9. G:\Docs\City of Winter Springs\Ordinances\Small Scale FLUM2004-19, wpd City of Winter Springs Ordinance No, 2004-19 Page 4 of 4 EXHIBIT A LOCATION MAP- 1184 ORANGE AVENUE Lake Jesup LEGAL DESCRIPTION: The westerly 1 00 feet of the Easterly 175 feet of Lot 4, Block B, D.R. Mitchell's Survey of the 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, and the Westerly 71 feet of the Easterly 246 feet of Lot 4, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records 0 Seminole County, Florida, LESS: The East 151.00 feet of the South 230.00 feet together with the East 20.00 feet of that portion lying north of the South 230.00 feet of the above described property and south of the northerly line of the South 638.17 feet of the above described property and the East 25.00 feet of that portion lying North of the northerly line of the South 638.17 feet of the above described property, Containing 1.69 acres, more or less Being more particularly described as follows; Commence at the Southeast corner of Lot 4, Block B, D.R. Mitchell's Survey of the 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; said point being on the North Right of Way line of Orange Avenue; thence along said Right of Way line, South 8r07'49" West, 74.80 feet to a point on the east line of the Easterly 175 feet of said Lot 4; thence continue along said Right of Way line, South 8r07'49" West, 151.01 feet for a POINT OF BEGINNING; thence continue along said Right of Way line South 8r07'49" West 20.00 feet to a point on the West line of the Easterly 246 feet of said Lot 4; thence along said West line, North 02012'02" West 684 feet; to the approximate edge of water of Lake Jessup; thence northeasterly along said waters edge 148 feet, more or less; thence leaving said waters edge, South 02012'02" East 70 feet, more or less; thence North 8r07'49" East, 5.00 feet; thence South 02012'02" East 408.20 feet to a point on the north line of the South 230 feet of said Lot 4; thence along said line South 8r07'49" West 131.01 feet to a point on the west line of the East 151.00 feet of said Lot 4; thence along said west line South 02012'02" East, 230.02 feet to the Point of Beginning. Containing 1.723 acres, more or less. 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 ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement being a THE CITY OF WINTE in the matter of 2004-16,19,22,26 in the SEMINOLE Court was published in said newspaper in the issue; of 05/20/04 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 20 day of May , 2004, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons THE CITY OF WINTER SPRINGS GIVES PUBLIC NOTICE THAT THE LOCAL PLANNING AGENCY WILL CONSIDER THE FOLLOWING PRO. POSED COMPREHENSIVE PLAN AMENDMENTS: ORDINANCE NO. 2004.16 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 8.558 ACRES MORE OR LESS AND LOCATED AT 1181 ORANGE AVENUE IN WINTER SPRINGS, FLOR, IDA, AND MORE PARTIC. ULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" AT. TACHED HERETO FROM SEMINOLE COUNTY "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, SEVERABILI. TY, INCORPORATION IN. TO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. ORDINANCE NO. 2004.19 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 DESIG,NATION OF THE REAL PROPERTY CONSTITUTI NG A PAR. CEL TOTALING 1.7 ACRES I MORE OR LESS AND LO. CATED AT 1184 ORANGE MORE PARTICULARLY DEPICTED AND LEGAL. LY DESCRIBED ON EX. HIBIT "A" ATTACHED HERETO FROM SEMI. NOLE COUNTY "SUBUR. BAN 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, SEVERABILI. TY, INCORPORATION IN. TO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. ORDINANCE NO. 2004.22 AN ORDINANCE OF THE CITY COMMISSION 0F 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 TWO (2) PARCELS TOTALING 4.8 ACRES MORE OR LESS AND LOCATED AT 1268 ORANGE AVENUE AND THE ADJACENT UNAD. DRESSED VACANT PAR. CEL TO THE EAST IN WINTER SPRINGS, FLOR. IDA, AND MORE PARTIC. ULARLY DEPICTED AND LEGALLY DESCRI BED ON EXHIBIT "A' AT. TACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESI. DENTIAL" AND "CONSER. VATION" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT" AND "CONSERVATION OVER. LAY" (ON THOSE AF FECTED AREAS); PRO. VIDING FOR THE REPEAL OF PRIOR IN. CONSISTENT ORDINANC. ES AND RESOLUTIONS, SEVERABILITY, INCOR. PORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. ORDINANCE NO. 2004.26 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT. REFERENCED AS LS. CPA.04.2, INCLUDING A lO.YEAR WATER FACILI. TIES WORK PLAN BY AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT. CONSER. VATION ELEMENT. IN. FRASTRUCTURE. POTA. BLE WATER SUPPLY ELEMENT. INTERGOV. ERNMENTAL COORDINA. TION ELEMENT. AND CAPITAL IMPROVE. MENTS ELEMENT AS RE. QUIRED BY FLORIDA STATUTE 163.3177: PRO. VIDING FOR TRANSMIT. TAL TO THE DEPART. I ME NT OF COMMUN ITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO. LUTIONS. SEVERABILI.I TY, INCORPORATION IN. TO THE COMPREHENSIVE PLAN, AN ,EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMEND. MENTS. ON WEDNESDAY. JUNE 2. 2004 AT 7:00 P.M. OR SODN THEREAFTER IN THE COMMISSION CHAMBERS I nrAftn AT TU~ ." urlanao Sentinel Published Daily fState of jflofiba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared L i n da B r i dqewa t e r , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at At TAl'lIONTE~PRIN'S in SEMIWnLE County, Florida; that the attached copy of advertisement, being a 26THE C I TV . OF WI NTF in the matter of 2004 - 16, lQ, 22, __ in the SFJlUNOl E was published in said newspaper in the issue; of 05/20/04 Court, day of (SEAL) . ORDINANCE NO. 2004-19 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 1.7 ACRES MORE OR LESS AND LO CATED AT 1184 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA AND MORE PARTICULARLY DEPICTED AND LEGAL LY DESCRIBED ON EX HIBIT "A" ATTACHED HERETO FROM SEMI NOLE COUNTY "SUBUR- BAN 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, SEVERABILI TY, INCORPORATION INTO THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. 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 2004-16 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 PAR- CEL TOTALING 8.558 ACRES MORE OR LESS AND LOCATED AT 1181 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUN- TY SUBURBAN ESTATES" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "TOWN CENTER" AND SEMINOLE COUN OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RES- OLUTIONS, SEVERABILITIY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFEC TIVE DATE. (REFER TO MAP LOCATION A) ORDINANCE 2004-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGIN THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PACEL TOTALING 8.558 ACRES MORE OR LESS AND LOCATED AT 1184 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-1) TO CITY OF WINTER SPRINGS "TOWN CENTER" PRO- POSING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE (Refer to Map Location A) ORDINANCE 2004-19 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 A PAR CEL TOTALING 1.2 ACRES MORE OR LESS AND LOCATED AT 1184 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY SUBURBAN ESTAES AND CONSERVATION TO CITY OF WINTER SPRINGS TOWN CENTER AND CONSERVATION OVERLAY (ON THOSE AFFECTED AREAS) PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDIANANCES AND RES OLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE (Refer to Map Location B) ORDINANCE 2004-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 1.7 ACRES MORE OR LESS AND LOCATED AT 1184 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLUY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-1" TO CITY OF WINTER SPRINGS TOWN CENTER PRO VIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE (Refer to Map Location B) ORDINANCE 2004-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURELAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUING TWO (2) PARCELS TIOTALING 4.8 ACRES MORE OR LESS AND LOCATED AT 1268 ORANGE AVENUE AND THE ADJACENT UNAD DRESSED VACANT PARCEL TO THE EAST IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL AND CONSERVATION TO CITY OF WINTER SPRINGS TOWN CENTER AND CONSERVATION OVERLAY ON THOSE AFFECTED AREAS) PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLTUIONS, SEVERABILITY, INCOR PORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (Refer to Map Location C) ORDINANCE 2004-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO (2) PARCELS TOTALING 4.8 ACRES MORE OR LESS AND LOCAT ED AT 1268 ORANGE AVENUE AND THE ADJACENT UNADDRESSED VACANT PARCEL TO THE EAST IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "a" ATTACHED HERETO, FROM SEMINOLE COUNT "R-1" TO CITY OF WINTER SPRINGS TOWN CENTER PROVIDING FOR THE REPEAL OF PRIOR INCON SISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND EFFECTIVE DATE. (Refer to Map Location C) PUBLIC HEARINGS FOR THE FINAL READINGS ON THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, JULY 12,2004 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 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 assis- tance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meet- ing at (407) 327-1800, #236. These are public hearings, Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or 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.