HomeMy WebLinkAboutOrdinance 2004-38 Large Scale FLUM
ORDINANCE NO. 2004-38
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING A LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS
LS-CP A-05-2, PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
ONE (1) PARCEL OF LAND, CONTAINING 40 GROSS
ACRES MORE OR LESS, AND LOCATED GENERALLY
ALONG EAST STATE ROAD 434, MORE PARTICULARLY
AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A,"
ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM "GREENEW A Y
INTERCHANGE" TO "MIXED USE" AND "CONSERVATION
OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING
AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT; PROVIDING FOR TRANS MITT AL OF THE
PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, sections 163.3184 and 163.3187, Florida Statutes , establish the process for the
amendment of comprehensive plans, pursuant to which the City of Winter Springs has established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures established 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. 2004-38
Page 1 of 3
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
the subject property large scale comprehensive plan amendment (LS-CP A-05-2) to the Florida
Department of Community Affairs for its review and comment; and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements of
the Local Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
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, Sections 163.3184
and 163.3187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance is to adopt the large
scale comprehensive plan amendment (LS-CP A-05-2) designating the subject property from
"Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas).
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" as "Greeneway Interchange," to "Mixed Use" 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
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 of Winter Springs City Commission, or parts of
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
City of Winter Springs
Ordinance No. 2004-38
Page 2 of 3
remaining portions of this Ordinance.
Section 8. Effective Date and Legal Statns of the Plan Amendment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status. After and from the effective date ofthis 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 amendment 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 24th day of January ,2005.
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: October 25, 2004
Second Reading: January 24, 2005
Effective Date: See Section 8.
City of Winter Springs
Ordinance No. 2004-38
Page 3 of 3
EXHIBIT 'A'
LOCATION MAP
Subject
Site
LEGAL DESCRIPTION
LEG W 1080 FT OF LOTS 14 +21 N OF ROAD SEe 5-21-31 PHILLIP R
YONGE GRANT PB 1 PG 36
PARCEL ID # ACREAGE
31-20-31-588-0000-0190
EXHIBIT" A"
Ordinance #2004-38
OWNER NAME PROPERTY
ADDRESS
41 Acres Schrimsher Land Fund III E SR 434
LTD
41 Acres
TOTAL ACREAGE
NOTICE OF CHANGES TO THE
FUTURE LAND USE MAP
CITY OF WINTER SPRINGS
(Unlegible)
PUBLIC HEARINGS FOR FIRST READING AND TRANSMITTAL WILL BE HELD ON
MONDAY, OCTOBER 25, 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 between8 a.m and 5 pm Monday through
Friday; at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs; Florida. For more information,
call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these
proceedings should contact the Employee Relations-Department Coordinator 48 hours in advance of the
meeting at (407) 327-1800, #236. These are public hearings. Intereested parties are advised that they may
appear at the meetint and be heard with respect to the proposed ordinances. If you decision to appeal any
recolT1mendation, or decision made.by the City Commisson, with respect to any matter 'c(lnstaered at this
meeting, you will need a record of 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.
NOTICE OF CHANGES TO THE
COMPREHENSIVE PLAN
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT
ORDINANCE NO, 2004-38
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY FLORIDA, RELATING TO COMPREHENSVE PLANNING: SETTING FORTH AND
ADOPTING A LARGE SCALE COMPREHENSIVE LAND AMENDMENT, REFERENCED AS
I.S-CPA-05.2, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE
MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WiNTER SPRINGS
GENERALLY DESCRIBED AS ONE (1) PARCEL OF LAND, CONTAINING 40 GROSS ACRES MORE
OR LESS, AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE PARTICULARLY
AND LEGALLY, DESCRIBED HEREIN IN, 'EXHIBIT "A," ATTACHED ,HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, 'FROM "GREENEWAY INTERCHANGE"TO
"MIXED USE" AND."CONSERYATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN!
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR
TRANSMITTAL OF THE PLAN TO THE DEPARTMENT 0F COMMUNITY AFFAIRS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY AND
AN EFFECTIVE DATE (See MAP A)
ORDINANCE NO. 2004-40
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, RELATING TO COMPREHENSiVE PLANNING; SETTING FORTH AND
ADOPTING A LARGE SCALE' COMPREHENSIVE PLAN AMENDMENT. REFERENCED AS
LS.CPA'05-3, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE
MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS
GENERALLY DESCRIBED AS EIGHT (B) PARCELS OF LAND,CONTAINING11.028 GROSS ACRES
MORE OR' LESS: AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE
PARTI,CULARLY AND LEGALLY DESCRIBED HEREIN AS EXHIBIT A" ATTACHED HERETO AND
FULLY INCORPORATED HEREIN BY THIS REFERENCE,FROM SEMINOLE COUNTY "OFFICE" TO
CITY OF WINTER SPRINGS "TOWN CENTER\PROVIDING AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMEND; PROVIDING 'FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS: PROVIDING FOR THE REPEAL OF PRIOR
, INCONSISTENT ORDINANCES AND RESOLUTIONS,;.SEVERABILlTY AND AN EFFECTIVE DATE
(See MAP B)
ORDINANCE NO.2004-43
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
SEMINOLE COUNTY FLORIDA, RELATING TOCCMPREHENSIVE PLANNII~G; SETTING
FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT
REFERENCED AS LS-CPA-04-4, WHICH SHALL AMEND; THE' 'COMPREHENSIVE PLAN
RELEVANT TO THE TOWN CENTER BY ADDING POLICY STATEMENTS TO THE FUTURE
AND USE ELEMENT WHICH THE CENTER AS AN URBAN CENTRAL
BUSINESS DISTRICT AND REVISING A POLICY STATEMENT IN THE TRANSPORTATION
ELEMENT, POLICY 1.5.15 EXEMPTING TOWN CENTER COLLECTOR ROADS FROM THEFROM THE
BIKE LANE REQUIREMENT; 'PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDlNG FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS;:PROVIDING FOR THE REPEAL, OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS SEVERABILlTY AND AN EFFECTIVE
DATE )See Map C)
PUBLIC HEARINGS FOR SECOND READING AND ADOPTION WILL BE HELD ON
MONDAY, JANUARY 24, 2005 AT 8:00 PM
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 * am and 5 pm, Monday through
Friday, at the City Clerk's Office, located at 1126 E SR 434, Winter Springs, Florida. For more information
call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in the
proceedings shoukld contact the Employee Relations Department Coordinator, 48 hours prior to the
meeting 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
recommednation 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.
ORDINANCE NO, 2004-38
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, SEMINOLE
COUNTY FLORIDA, RE
LATING TO COMPREH
ENSVE PLANNING: SET
TING FORTH AND
ADOPTING A LARGE
SCALE COMPREHENSIVE
LAND AMENDMENT,
REFERENCED AS L.S-
CPA-05.2, PROVIDING
FOR ADOPTION OFAN
AMENDMENT TO THE
FUTURE LAND USE MAP
BY DESIGNATING CER
TAIN REAL PROPERTY
WITHIN THE CITY OF
WiNTER SPRINGS GEN
ERALLY DESCRIBED AS
ONE (1) PARCEL OF
LAND, CONTAINING 40
GROSS ACRES MORE OR
LESS, AND LOCATED
GENERALLY ALONG
EAST STATE ROAD 434,
MORE PARTICULARLY
AND LEGALLY, DE
SCRIBED HEREIN IN, 'EX
HIBIT "A," ATTACHED
,HERETO AND FULLY IN
CORPORATED HEREIN
BY THIS REFERENCE,
'FROM "GREENEWAY IN
TERCHANGE"TO
"MIXED USE" AND."CON
SERVATION OVERLAY"
(ON THOSE AFFECTED
AREAS); PROVIDING AN
EFFECTIVE DATE AND
LEGAL STATUS OF THE
PLAN AMENDMENT
PROVIDING FOR TRANS
MITTAL OF THE PLAN TO
THE DEPARTMENT 0F
COMMUNITY AFFAIRS;
PROVIDING FOR THE RE
PEAL OF PRIOR INCON
SISTENT ORDINANCES
AND RESOLUTIONS, SEV
ERABILITY AND AN EF
FECTIVE DATE.
NOTICE OF CHANGES TO THE
FUTURE LAND USE MAP
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT
ORDINANCE NO, 2004-38
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY FLORIDA, RELATING TO COMPREHENSVE PLANNING: SETTING FORTH AND
ADOPTING A LARGE SCALE COMPREHENSIVE LAND AMENDMENT, REFERENCED AS
I.S-CPA-05.2, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE
MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WiNTER SPRINGS
GENERALLY DESCRIBED AS ONE (1) PARCEL OF LAND, CONTAINING 40 GROSS ACRES MORE
OR LESS, AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE PARTICULARLY
AND LEGALLY, DESCRIBED HEREIN IN, 'EXHIBIT "A," ATTACHED ,HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, 'FROM "GREENEWAY INTERCHANGE"TO
"MIXED USE" AND."CONSERYATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN!
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR
TRANSMITTAL OF THE PLAN TO THE DEPARTMENT 0F COMMUNITY AFFAIRS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY AND
AN EFFECTIVE DATE (See MAP A)
ORDINANCE NO. 2004-40
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, RELATING TO COMPREHENSiVE PLANNING; SETTING FORTH AND
ADOPTING A LARGE SCALE' COMPREHENSIVE PLAN AMENDMENT. REFERENCED AS
LS.CPA'05-3, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE
MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS
GENERALLY DESCRIBED AS EIGHT (B) PARCELS OF LAND,CONTAINING11.028 GROSS ACRES
MORE OR' LESS: AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE
PARTI,CULARLY AND LEGALLY DESCRIBED HEREIN AS EXHIBIT A" ATTACHED HERETO AND
FULLY INCORPORATED HEREIN BY THIS REFERENCE,FROM SEMINOLE COUNTY "OFFICE" TO
CITY OF WINTER SPRINGS "TOWN CENTER\PROVIDING AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMEND; PROVIDING 'FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS: PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,;.SEVERABILlTY AND AN EFFECTIVE DATE