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HomeMy WebLinkAboutOrdinance 2008-24 FLUM AmendmentORDINANCE NO.2008-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP ("PLUM") AMENDMENT BY CHANGING THE PLUM DESIGNATION OF CERTAIN REAL PROPERTY CONSTITUTING ONE PARCEL TOTALING 7.64 ACRES MORE OR LESS AND GENERALLY LOCATED ADJACENT TO THE CITY'S WEST EFFLUENT DISPOSAL SITE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM WINTER SPRINGS "RURAL RESIDENTIAL WITH CONSERVATION OVERLAY" TO WINTER SPRINGS "PUBLIC/SEMI-PUBLIC WITH CONSERVATION OVERLAY"; 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 October 7, 2008 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: City of Winter Springs Ordinance No. 2008-24 Page 1 of 3 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 ofthe City of Winter Springs Comprehensive Plan. Section 4. Adoption ofAmendment 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 "Rural Residential with Conservation Overlay" to Winter Springs "Public/Semi-Public with Conservation Overlay." 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 ofprior 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, City of Winter Springs Ordinance No. 2008-24 Page 2 of 3 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 27th day of October , 2008. A T ST: And Lorenzo-Luaces, City Clerk Appro to legal form and sufficiency for the of inter Springs only: Anthony A. Garganese, City Attorney First Reading: October 13, 2008 Second Reading: October 27, 2008 Effective Date: See Section 9. J n F. Bush, Mayor City of Winter Springs Ordinance No. 2008-24 Page 3 of 3 ~rx crrorm.~ .._~.. _,....~~.~.._..~ ;I m:i~a.a ~s.`r.:e..e..a n.,c m.a.r. mnr .oi m.v warm m`."~~.m ;'ki: ~'"e7t".aw"d a-'~ M" .~, :~.w.x.,.~.,m< ~~ .~ EXHIBIT wu..ns..a . .w.~w~n... .oar. ~. a. a•w w.wa~w.v ~. IOYlNARY SflRYtY +o srw~n ~ai+w+ Anc.a~w.u.awwas tmr.staar m.n nan t~ 4~~ _ __ .~ ...~ j