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Home My WebLink AboutOrdinance 2007-07 FLUM Amendment Deleon/Cress Run ORDINANCE NO. 2007-07 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 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 THREE (3) PARCELS OF LAND, CONTAINING 29.3 GROSS ACRES, MORE OR LESS, AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN, MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL" 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 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 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. 2007-07 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 fmds 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 ofthis Ordinance is to adopt the large scale comprehensive plan amendment designating the subject property from Seminole County "Rural-3" to City of Winter Springs "Rural Residential" 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" as Seminole County "Rural-3" to City of Winter Springs "Rural Residential" 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 Mfairs. 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. Ifany 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. 2007-07 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 f Winter Springs, Florida, in a regular meeting assembled on the 1JtWdayof September ,0 7. ATTEST: r orenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: danese. City Attor:ey Transmittal Hearing: May 29, 2007 Adoption Hearing: September 10, 2007 Effective Date: See Section 8. City of Winter Springs Ordinance No. 2007-07 Page 3 of 3 EXHIBIT A Ordinance 2007-07 L.----L-1 I I 11~\ , ::;i ,/ "" ~! .... 0:> II HOWARO :-- j I \ 11 .1 1 L-\ j \ 1 i I DElEiq N ST. lli '1-- f-- I ..... k= ({/F -- r- Subject I"-.... /}Z [-- ~ Property f--r-r - 6" 'i= V I-_~ :- , --I ~__~ n :::;=~ I 1 ~ \T l. ~= ~ ~~I ~-~'" I ,: i:>.I'\:. qJ'~ "--L _, '- I ~ ~ I :::l 2tf=- ~ I = *- <:y; I r~rlTI \ I.' n ,,^' I n ,S.~~\3'~~ JRESS _. ,-- Parcel #s & Leaal Descriptions: 03-21-31-300-004B-0000: SEC 03 TWP 21 S RGE 31E N 2/3 OF S % OF E Yz OF SW Yo OF NW Yo (LESS BEG SE COR RUN N 385.75 FT W 245 FT S 42 FT W 197 FT S TO A PTW OF BEG E TO BEG & RD) 03-21-31-300-004C-0000: SEC 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343_75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT OF E 19 FD Y 03-21-31-300-0090-0000: SEC 03 TWP 21 S RGE 31E W Yz OF SW Yo OF NW Yo 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 WILL HOLD PUBLIC HEARING.S FOR SECOND READING & ADOPTION ON: L , ~ \J I ~ (j: ~ N ORDINANCE NO. 2007-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTE SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANT- TING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMEND- MENT; 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 THREE (3) PARCELS OF LAND, CONTAINING 29.3 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN, MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL.:' WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFEC- TIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PRO- VIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (See MAP below, Site '2', for location) ~~ t ~ ~ ~ PUBLIC HEARING FOR FIRST READING & TRANSMITTAL ON: ORDINANCE NO. 2007-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT ESTABLISHING A PUBLIC SCHOOL FACILITIES ELEMENT AND AMENDING THE CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDI- NATION ELEMENTS CONSISTENT WITH CHAPTER 163, FLORIDA STATUTES; PRO- VIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVER- ABILITY, INCORPORATION INTOTHE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. PUBLIC HEARINGS WILL BE HELD ON MONDAY, SEPTEMBER 10,2007 AT 5:15 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 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. 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.