HomeMy WebLinkAboutOrdinance 2006-06 FLUM Florida Avenue
ORDINANCE NO. 2006-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP ("FLUM")
AMENDMENT BY CHANGING THE FLUM DESIGNATION
OF THE REAL PROPERTY CONSTITUTING A PARCEL
TOTALING 1.76 ACRES MORE OR LESS AND GENERALLY
LOCATED AT 1228 FLORIDA AVENUE IN WINTER
SPRINGS, FLORIDA, AND MORE P ARTICULARL Y
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
A TT ACHED HERETO, FROM WINTER SPRINGS
"INDUSTRIAL" TO WINTER SPRINGS "MEDIUM DENSITY
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 June 7. 2006 in accordance with the procedures established in chapter 163, Part
II, Florida Statutes, on the proposed comprehensive plan amendment; 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
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.
City of Winter Springs
Ordinance No. 2006-06
Page 1 of 3
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 Winter Springs "Industrial" to Winter Springs "Medium
Density 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(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 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
become a part of that plan and the Amendments shall have the legal status of the City of Winter
City of Winter Springs
Ordinance No. 2006-06
Page 2 of 3
Springs' Comprehensive Plan, as amended. In addition, even if this Ordinance is found to be in
compliance per a final order as provided above, this Ordinance shall only take effect at such time that
Ordinance 2005-29 becomes effective.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 24th day of July, 2006.
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:
June 26, 2006
Second Reading:
July 24, 2006
Effective Date:
July 24, 2006
City of Winter Springs
Ordinance No. 2006-06
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