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Home My WebLink AboutOrdinance 2007-06 FLUM Amendment Deleon/Howard ORDINANCE NO. 2007-06 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; PROVIDING FORADOPTIONOFANAMENDMENTTOTHEFUTURELANDUSE~ BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS, AND LOCATED GENERALLY AT THE SOUTHWEST CORNER OF THE INTERSECTION OF DELEON STREET AND HOW ARD AVENUE, MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "PUBLIC/SEMI-PUBLIC" WITH "CONSERVATION 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 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 the subject property large scale comprehensive plan amendment to the Florida Department of Community Affairs for its review and comment; and WHEREAS, on May 29,2007, the City Commission held a public hearing on the proposed City of Winter Springs Ordinance No. 2007-06 Page 1 of 3 amendment and approved transmittal of the future land use map amendment of the subject property to the Florida Department of Community Affairs (DCA); 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 Regulation Act, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt the large scale comprehensive plan amendment designating the subject property from Seminole County "Rural-3" to City of Winter Springs "Public/Semi-Public" with "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 in Exhibit "A" from Seminole County "Rural-3" to City of Winter Springs "Public/Semi-Public" with "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(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 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 Jtli>t affect the validity of the remaining portions ofthis Ordinance. City of Winter Springs Ordinance No. 2007-06 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 10th day of September Approved as to legal form and sufficiency for the Ci 0 Winter Springs only: ~ Anthony A. Garganese, City Attorney Transmittal Hearing: Adoption Hearing: Effective Date: May 29, 2007 September 10, 2007 See Section 8. City of Winter Springs Ordinance No. 2007-06 Page 3 of 3 EXHIBIT A Ordinance 2007-06 1--/ I x x II~ ! II HnWAl>n Subject Property <:fu L- ij: 1. 1- :-- DELE : N ST. >- [- .~ y- f-- - I- :gES.L__ - -~-- . --_.~---- f-- ~ ~ }- - f-- ~"- I- ,..- f-(f- , 11),..- , f)1 I r- ~ RAt:!.l;A :-- '-- I-- :--, ~. ~"....;. JD - i- -~ "--" Tl-r -'1'- K' I 11UDID - f- - f- I 4;14 ---< i~~~ r:;.K. 43 .. ~--...--_.- L ~ - ''', - ....\ - " ~ - n - s. \4~~ - \' ,\ ~ ~ ( l ) I I I W?-J ~l.J LJ 1 '\ Parcel #s & Leaal Descriptions: 03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT & S 564.64 FT OF W 659.60 FT & RDS) ~ 03-21-31-300-008E-0000: SEC 031Vv'P 21 S RGE 31 E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW 1/4 NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN 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. 2007-06 AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF WINTER SPRINGS, SEMINOLE COUNlY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERlY WITHIN THE CllY OFWINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF LAND, CONTAINING 28.9GBOSS ACRES, MORE OR LESS, AND LOCATED GENERALLY AT THE SOUTHWEST CORNER OF THE INTERSECTION OF DELEON STREET AND HOWARD AVENUE, .MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN. EXHIBIT "A," ATTACHED HERETO, FROM SEMINOLE COUNlY "RURAL-S" TO CllY OF WINTER SPRINGS "PUBLlC/SEMI.PUBLlC. WITH "CONSERVATION OVERLAY. (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMmAL OF THE PLAN TO THE DEPARTMENT OF COMMUNllY AFFAIRS: PROVIDING FOR 'THE..REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTION.S, SEVERABILITY, AND AN EFFECTIVE DATE. (See MAP below, Sne '1', for location) '1 I . I . I I I I I "~ '-"t 1 I , 'J ;1 ., I I 1 I ;., >:'i '1 ;'j .1 I ." , PUBLIc HEARINGS FOR FIRST READING & TRANSMITTAL WILL BE HELD ON TUESDAY,MA,!29, 2007 AT 5:15 P.M. OR.S~;,TH&~.'il.i1;HE COMMISS~CHAMBERS ""A_A.,i~,I."N'ER SPRt ,>~ HALL :t~:..~ -'--:i' ,,'..;- - ,,', ':~"'t"-"-\~":'( ;, '\,'/, '(:f';';:'i<>'. " .' ,n . .".,.:;t {.j I ":,,-.:1 ,:t " if':l ," "1/1 I,