HomeMy WebLinkAboutOrdinance 2008-03 FLUM AmendmentORDINANCE N0.2008-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1)
PARCEL TOTALING 6.25 ACRES MORE OR LESS AND
LOCATED AT 1379 STATE ROAD 434 IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM SEMINOLE COUNTY "COMMERCIAL"
TO CITY OF WINTER SPRINGS "GREENEWAY
INTERCHANGE DISTRICT" 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
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 March 19, 2008, 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. 2008-03
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 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 Seminole County "Commercial" to City of Winter Springs
"Greeneway Interchange District"with "Conservation Overlay" on those effected 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 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), 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. 2008-03
Page 2 of 3
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 Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 28th day of Aril , 2008.
- '- .
John .Bush, Mayor ~~.
AT ST:
i
A a Lorenzo-Luaces, City Clerk
Approv s to legal form and sufficiency for
the - inter Springs only:
Anthony A. Garganese, City Attorney
First Reading: April 14, 2008
Second Reading: April 28, 2008
Effective Date: See Section 9.
City of Winter Springs
Ordinance No. 2008-03
Page 3 of 3
EXHIBIT A
Ordinance 2008-03
Metes and Bounds Description:
A PART OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
SEMINOLE COUNTY, FLORIDA, LYING NORTH OF S.R. 434 AND EAST OF S.R. 417 (GREENEWAY
RIGHT OF WAY) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION;
THENCE RUN NORTH 89°51'53" EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 4 A DISTANCE OF 759.31 FEET FOR A POINT OF BEGINNING; SAID POINT BEING A
POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 7743.44 FEET AND A CHORD
BEARING OF SOUTH 23°04'20" EAST; THENCE DEPARTING SAID NORTH LINE RUN SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°32'22" A DISTANCE OF
72.91 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 22°48'09" EAST A DISTANCE OF
135.42 FEET; THENCE RUN SOUTH 25°05'35" EAST A DISTANCE OF 265.58 FEET; THENCE RUN
SOUTH 27°26'39" EAST A DISTANCE OF 66.14 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 151.50 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°19'04"
A DISTANCE OF 148.90 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 83°45'43"
EAST A DISTANCE OF 261.55 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN NORTH 00°34'27" WEST ALONG SAID
EAST LINE A DISTANCE OF 601.76 FEET TO A POINT ON AFORESAID NORTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN SOUTH 89°51'53" WEST ALONG SAID NORTH
LINE A DISTANCE OF 596.12 FEET TO THE POINT OF BEGINNING.
CONTAINING 272,427 SQUARE FEET, OR 6.254 ACRES, MORE OR LESS