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HomeMy WebLinkAboutOrdinance 2004-40 Large-Scale FLUM 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-CP A-OS-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 (8) PARCELS OF LAND, CONTAINING 11.028 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 SEMINOLE COUNTY "OFFICE" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL 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 ofthe 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 WHEREAS, the Local Planning Agency recommended that the City Commission transmit City of Winter Springs Ordinance No. 2004-40 Page 1 of 3 the subject property large scale comprehensive plan amendment (LS-CP A-05-3) 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 are to adopt the large scale comprehensive plan amendment (LS-CP A-05-3) designating the subject property from Seminole County "Office"to City of Winter Springs "Town Center." 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 in Exhibit "A" as Seminole County "Office," 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-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 remaining portions of this Ordinance. City of Winter Springs Ordinance No. 2004-40 Page 2 of 3 Section 8. Effective Date and Legal Status 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 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 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 24thdayof 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. 2004-40 Page 3 of 3 PARCEL ID # 36-20-30-502-0000-0020 36-20-30-502-0000-004A 36-20-30-502-0000-0048 36-20-30-502-0000-004C 36-20-30-502-0000-0040 36-20-30-502-0000-0050 36-20-30-502-0000-006A 36-20-30-502-0000-0060 EXHIBIT "A" Ordinance #2004-40 ACREAGE OWNER NAME 24,440 SF= 23,500 SF= 26,500 SF= 23,500 SF= 17,800 SF= 3.60 Acres .56 Acres .54 Acres .61 Acres .54 Acres 2.04 Acres .40 Acres 1.73 Acres Highlander Investment Ltd Highlander Investment Ltd Highlander Investment Ltd Highlander Investment Ltd Highlander Investment Ltd Highlander Investment Ltd Highlander Investment Ltd Highlander Investment Ltd 10.02 Acres TOTAL ACREAGE PROPERTY ADDRESS E SR 434 1159 E SR434 1163 E SR 434 1161 ESR434 1165 E SR 434 E SR 434 1175 E SR 434 1181 ESR434 January 24, 2005 Public Hearing Item 405 Page 15 of 15 Ordinance 2004-40 EXHIBIT' A' PARCEL NUMBERS 36- 20-30-502-0000-0020 36-20- 30-502-0000-0040 36-20-30-502-0000-004A 36- 36-20-30-502-0000-0050 20- 30- 502-0000-004 B 36- 20- 30-502-0000-006A 36- 20- 30- 502-0000-004C 36- 20-30- 502-0000-0060 Page 15 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. 2004-40 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RE LATING TO COMPREHEN SiVE PLANNING; SET TING 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 CER TAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GEN ERALLY 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 DE SCRIBED HEREIN AS EX HIBIT A" ATTACHED HERETO AND FULLY IN CORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUN TY "OFFICE" TO CITY OF WINTER SPRINGS "TOWN CENTER\PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT PROVIDING 'FOR TRANS MITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS: PROVIDING FOR THE RE PEAL OF PRIOR INCON SISTENT ORDINANCES AND RESOLUTIONS,;.SEV ERABILlTY AND AN EF FECTIVE DATE. - W ~Q.~ o<cz I-:E- a: (1)WQ. WCl)CI) (:J::)a: ZCW <CZI- :J:<cZ 0...1- u.w3: Oa:u. W::)O 01-> -::)1- I-u.- o 0 z UJClcnl.Ucnl.U~~OZ:a:a::Cl c5~<c~~g;~5~~~f2~ ~:r::i:]~~~S~~~C!}~i= U,lti:~<ccnLU2ClZ~~5;;! 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