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Home My WebLink AboutOrdinance 2007-09 FLUM Amendment DeLeon ORDINANCE NO. 2007-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1 ) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON STREET IN WINTER SPRINGS, FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT" A" A TT ACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); 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 l63.3l87(l)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on May 2,2007, in accordance with the procedures 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 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 City of Winter Springs Ordinance No. 2007-09 Page 1 of 3 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. 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 ofthe 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 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 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 ofthis Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)( c), Florida Statutes, 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 City of Winter Springs Ordinance No. 2007-09 Page 2 of 3 . EXHIBIT A Ordinance 2007-09 NST. Site R S Parcel # & Leaal Description: 03-21-31-300-007A-0000 SEe 03 TWP 21 S RGE 31 EN Y2 OF NE y.. OF SW y.. OF NW y.. (LESS N 0 FT OF E 330 FT) 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 ofthat plan and the Amendments 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 25thdayof June ,2007. / legal form and sufficiency for ter Springs only: Anthony A. Garganese, City Attorney First Reading: May 30, 2007 Second Reading: June 25, 2007 Effective Date: See Section 9. City of Winter Springs Ordinance No. 2007-09 Page 3 of 3 ,rtl';-"f.i:e~IHTHE ..CO(\llPREHENSIVEPLAN .J'Xbll..'"il,s,.,rt:lftO'F"Wlfrff"ERsPRINGS .,_ . . 'C,' _ . '_ : , "'NOTIO; ......II:'."..<~.;...';,,: ;>'. ": ,~ <'~r .' " Nd:rICEl~iHeREBYi,GI'EN'fHAT THE CITY COMMISSION OF THE CITY OF WINtER SPRINGS PROPOSES TO ADOPT: ", ORDINANCE NO. 2007-09"" AN ORDINANCE OF THE cm COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUN1Y, FLOR1DA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON STREET IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILI1Y, INCORPORATION. INTO fHE COMPREHENSIVE PLAN, AND AN EFFECTIVE .DATE. (See MAP below, S~e '2', for location) PUBUC HEARINGS FOR FIRST READING & TRANSMITTAL WILL BE HELD ON TUESDA~,MAY 39, 2007 AT 5:1'5 P.M. 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