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HomeMy WebLinkAbout2004 03 08 Public Hearings 405 COMMISSION AGENDA March 8, 2004 Meeting Consent Information Public Hearing X Reeular ITEM 405 Mg[. ~ / Dept. /~ Authorization REQUEST: The Community Development Department - Planning Division requests the Commission hold a Public Hearing for 2nd Reading/Adoption of Ordinance 2004-05, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of 8.9 acres (more or less), located at 900 East SR 434 adjacent to Central Winds Park, from "Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs). PURPOSE: The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for two parcels recently annexed into the City from Seminole County. The City is initiating the change as the applicant and as the property owner. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan.. . (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required. . . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprin2:s Ch3l"ter Section 4.15 Ordinances in General. Winter Sprines Artide III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent: Section 15-36. Review criteria: Section 15-37. Local Planning Agency Review and Recommendation: @) March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding Central Winds Park. Dec. 2003- Property posted with signage Noticing Upcoming Meetings Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42. Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing Feb. 04, 2004- P& Z Board (LP A) heard the request and recommended approval. Feb. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for First Reading Feb. 23,2004- 1st Reading of Ordinance 2004-05 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - City of Winter Springs Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030 Acreage - approx. 8.9 acres General Location - The site is vacant and is located adjacent to the west side of Central Winds Park at 900 East SR 434 and previously was referred to as the "Wincey tract". Legal Description - The East 12 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida. Existing Land Use - The property is currently vacant, although previously it had a mobile home, barn and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the following: Exi I Subject Site Vacant, Undeveloped A-I (SC) SE- Suburban Estates (SC) .-------------....--....------.-..........---- -.----.--.--------.---.--.........---.--.---.-.-. .._-----_.._-_._._._------_._---_.~.~- North Lake Jesup - - ------, .-------.-.---.,----,..---.,.--.-...... .------.--.--..---...--.----.--..--.-- -------...---...---......--.--.......- South Single Family Residential C-I (WS) Commercial (WS) .-----.-----.--.-.....-.---.-.-.--....-...-...-..---.......--'..-. .-.,.,,--.-.,,----....-...-----.--.------ -----....--.------.-.-----.----.--.- East Central Winds Park Town Center (WS) Town Center (WS) .__...._......._....__._..............._._..M._......._.__.__.__.,,,.__._ -----.--.-...---.-..-------.---.--- .--.--.------------------- ~t Single Family Residential A-I (SC) SE- Suburban Estates (SC) (WS) Winter Springs; (SC) Seminole County Development Trends -- The City purchased the subject site for the purpose of expanding Central Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition of this property completes the Master Plan of property expansion for Central Winds Park as recommended to the March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000 State FURDAP Grant provided the balance of funds needed to fund the acquisition. The future utility area has been designated by the Commission as the temporary site for the City of Winter Springs Paw Park. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Suburban Estates" to Winter Springs "Town Center" is appropriate and compatible with the general character of the area. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from the general public, but no one voiced any opposition. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the prevailing character of the area around the subject property, as well as evaluating the current land use and the future goals and objectives of the City. A Winter Springs "Town Center" designation most closely resembles the character of the area (including Central Winds Park, City Hall and Winter Springs High School which also have the Town Center designation and maintains continuity with these properties which are adjacent. Public Facilities - The ability to expand Central Winds Park into this property, complete a circular traffic artery to provide better access and improved traffic control, additional parking, and a site for the water reclamation facility will have a positive impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use designation of the property is to apply a Winter Springs' Future Land Use Map designation that supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use map designation is consistent with the surrounding areas. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcel was not included on the City's Future Land Use Map, because the parcel was Annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. Considering the type and location of current uses involved and the general character of the area, the request does not result in creating incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. PLANNING & ZONING BOARD / LPA ACTION: At its regularly scheduled meeting of February 4,2004, the City of Winter Springs Planning & March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 Zoning Board (LP A) heard the request to adopt a Small Scale FLUM Amendment changing the Future Land Use Map designation of the newly acquired City parcel at 900 East SR 434, from "Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs) and voted unanimously to recommend it to the City Commission for Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 2nd Reading! Adoption of Ordinance 2004-05, a Small Scale Comprehensive Plan Amendment which changes the Future Land Use Map designation on the subject property at 900 East SR 434, from "Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 26, 2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading!Adoption Mar. 8, 2004- 2nd Reading! Adoption of Ordinance 2004-05 ATTACHMENTS: A. Central Winds Park Expansion Area Plan B. Planning & Zoning Board / Local Planning Agency Minutes from Feb. 4, 2004 C. Ordinance 2004-05 including Map & Legal Description COMMISSION ACTION: March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT A Central Winds Park Expansion Area Plan L,\KE jH$SUP PM'IlI) TIlAII, .;X'lt:..'\':;~~..l'" ."',I)RII>.\ N"T'O~,'1. ScI~"IC TR.\II, ASU CR(.S~ SUMI~(H;t~ 1'11.\11. l1~P..\ VI';l' ')~\n~IS'(~ AIIF..l Dr.NHATII TIll; .:.\"'~f1"f:- t'I.NI~S: ASU (),\!.:s (,.\ "PilUS. 140 :;".'C1~'1 Cl',y 'PHI(;.",noN WAHIl .'..:II.ln' P.I"l( ~t^Ji'\~rt~'ANcr~ IlJ;CIII~\'flW( CENT".. 9.\S'to\t:'rHAI.l.. & T(.Nsl~ COUH:'rS P,\~K EN' IL\."\C.: ".\\'[I) TIU 11. Ex', fA~SI(I.~ FUJRID,\ N""'I.U:o;'.:\.I.. $C;F,.."ICTw...,IL ^NIl CIIO,OS S.~\ll'~('l,f. l'''An. SR. 4~4 " ....;.tt + (I 100' 200' 400 !vlldlUe) Design Associates CC""l1lu.ltl'.I'oIla,,; '" Gh'fn"u rt""""I\.: V..left~~~;.e.. .""'11.'::"11" . '''_~ It'U~I!It:'.n.''''U''.'''''' CENTRAL WINDS PARK, EXPANSION AREA CITY Of \VrNTER SPRlNGS, PARKS & RECREATION DEPARTI\'fENT March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT B CITY OF WINTER SPRINGS DRAFT UNAJiPROVEO MINUTES PLANNING A1""D ZONING BOARDILOCAL PLAJ."fNING AGENCY REGULAR MEETING FEBRUARY 4,2004 cI CALLT() ORDER Tap!' 11S1~c !l 'The PI3Il~ng and ZooiJl& BoardfLocil Planning Agency Regular Meeting of We<!nesday. Eebl1.lacy :4, 2004 WllS called to order at 7:02 p.m. by Vice Chaixperaon JOAnne Krcb& in tho Goinmis..\ion Charnbcr~ of the Municipal Building (City Hall, 1126 East Stale Road 434,'Wulter Springs, Flolidll 32708). ll,DU C.U~ ~ Tom BroWJ.l, abient viccChait1J€fSon Joanne Krebs, present '!3oQ..""C! Mcmb~ Rosanne KArr, prostmt ]~oard Mrnnbur WilIimx Poc, pr~ent Boar4.Memhcr Ned VoskA, pr~s~n( .PliBLI(: HEARINGS .PlJln[C.~ .A- .' C(l!ll~tiltity p.evelopmcDt DcpartmQ!lJt - Pla<<u:libg Divisioll j~t'qu~1.l..;rl1e PhlDoinz: ADd Zoning BoardfLQcal PlanJIlag Agency Hold A Public !I'CQ.ring:nd~.t.td To OrdiDance 2004--05 Wtiicli. ^~.opU A SmaJ) SC,ale FLtrM (F'ur-ure Lari~tU'e F1ap) Amendment 8}' CI1CU1~g~~:J.'he FUwre LandlJ~ Me.p .net~&QRtioD 'Ql 8.9 A:.crll$ (More Or Leu). LoeJIted At 900 :Eltil S tau ,_ Road 414 _~cijlCtDt'To Cel\lt.al Wi~(U~Park. FrolU. ~8ubt.n:~!I1l ~t.le:$~ (Se/;$.ole Cou~1t)') To 1'oWll'(':~ntc~" (City Of Winter Sprl.n~). . .. .'. Ms. Eloise Sahlitrom. AlCP. AS~ Senior Planner, Cnnununity Devolopm.ent Department, ~Iatcd, "Staff rcqu(;Sls tlu:t the Local Planning Agency make the recommendation to the City Comrnis~iQn to approve too Future Land UtiC Map change to 'Town Center'." eL[ WOl1I,.D MAKE A MOTION 1'0 RECOMMEND TUE APPR.9V AL,\VJJlCJJ RELATES TO ORDINANCE 2004-05, WHICH ADOnS A $l\'lALL SCALE FLUM [FUTURE LAND USR MA~I AJ\1ENDMENi BY CRAN,GING 'I'l:lE.FLUM (FUTURX LAND USE MAP] DESIGNATOR FROM 'SURl~AN ESTATU' TO (TOWN CENTER'. I) MOTION BY BOARD MEMB~ PO'e. ,SECONDED BY BOAItDc,MEJ\mER KARR. DISCUSSION. .. - c" VOTE: BOAlQ) :MEMBItR POE: AYE VICE Cfl..uRPERSON KREBS: AU: BOARDMEMBERKARR: AYE BOARD MEMlIltft VOSKA: A VI: MOTION CARlUED- March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT C ORDINANCE NO. 2004-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL. OF NINE (9) ACRES MORE ORLESSANDLOCATEDWITHIN \VINTER SPRINGS~ FLORIDA, AND LEGA LL Y DESCRIBED AS EAST 'h OF LOT 3, BLOCK C, AND EAST 'h OF 1-,01' J~ BLOCK O~ OF MITCHELL'S SURVEY OF LEVY GRANT ON LAKE JESSUP~ ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, INCLUDINGTHAT PORTION OFORANGE AVENUE THAT INTERSECTS THE T"VO LOTS, AND GENERALLY LOeA TED ON 8TA TE ROA 0434 A DJA CENT TO CENTRAL WINDS PARK AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A " ATTACHED HERETO FROM SEMINOLE COUNTY "SE-SUBURBAN ESTATES" TOCITY OF\,VINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COIVIPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a smaIl scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(l)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on February 4, 2004, in accordance with the procedures in Chapter 163. Part Il, Flodda Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested pal1ies submitting written and oral comments and has recommended adoption to the City Commission; and City of Winter Springs Ordinance No. 2004-05 Page I. of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT C \\FHE.REAS, the City Commission of: the City of: Winter Springs held a duly noticed public hearing on the propose.d amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral commeJ1ts and suppolting data and analysis, and after complete de.Iiberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder: and WHEREAS, the City Commission of t11e City of Winter Springs hereby finds that this Ordinance is in the best inte.rests of the public health, safety, and we.lfare of the citizens of Winter Splings. NOW, TI:nJRKFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Sect/on 1. Rcdt.lIs. 111e foregoi llg recitals are tme and correct and are fully incorporated herein by this reference. Sect/on 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 imd Intent. It is hereby declared to be the pUlpOse and intentof this Ordinance to clalify, expand, correN, update, modify and otherwi se furtherthe provisions oHhe Ci ty of \\linter Splings' Comprehensive Plan. Section 4. Adoption ofAnwndmcnt to the Futurc Land Use Map. The City of Winter Springs' CompreJlensive Plan, Future u.md Use Map, is hereby amended by designating the real property depicted on Exhibit HA" from Seminole County liSE-Suburban" to CityofWinterSpJings 'Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this refe,ll'.nce. CII)' of Winter Springs Ordinanre No. 2004-05 Page 2 of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT C Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated 10 sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordam.-e with Section 163.3187(1 X c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. Section 6:. Repe~ll of Prior [nc.onsistent Ordinances and Re,solutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, orpartsofpIiorordinances and resolutions in conflict herewith, are hereby repealed to the ex.tent 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 competentjurisctiction, whetl1erfor 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 pOl1ions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinanc..e, saidAme.ndme.l1t shall be i.ncol]Jorated into the Ci ty of \\linter 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~ Encctivc Datc and Lcgal Status of the Plall Anumdment. The effective date of this Ordinance shall take effect thil1y-ane (31) days after adoption, in accardance with Section 163.3 187 (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 Departnlent of Cammunity Mfairs OJ' the Administration Commission issues a final order determining the adopted small scale City of WInter SprIngs Ordinanoe No. 2004-05 Page 3 of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT C Comprehensive Plan Amendluent is in compliance. No development orders, development penuits, or land use dependent on this Amendment may be issued or cOllunencecl before it has become effective. After and from the eftective 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 \Vinter Springs, Florida, in a regular meeting assembled on the _ day of ,2004. JohnF. Bush, Mayor A TT'EST: Andrea Loreuzo-Luares, City Clerk Approved as to legal form mId suft1cienc.y for the City of Winter Springs only: Anthony A. GargalU~se, City Attorney First Reacung: Second Reading: Effective Date: O:\DoCJ\Cit)" ofWin~ SprinsJl.Ordinlloces\Small Scale FLUM2004-05.wp.:l City {If Winter Springs OrdlnalK'e No. 2004-05 Page 4 of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT C ORDINANCE NO. 2004-05 EXHIBIT "A" LOCATION MAP SUBJECT SITE " ': OUT,' LEGAL DESCRIPTION The East Yz of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the West line of the East V2 of said Lot 3, Block D and the Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E along said West line, and along a Northwesterly projection thereof and along the West line of the East V2 of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33'04" E along said East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S 82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of Beginning. Containing 8.9 acres more or less. /f fjP?1 /~ #1b IYlL- ~~ <-#us. RejJlA~ -/he jJJCi/IiJ-z/O ~ f711 . ORDINANCE NO. 2004-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL OF NINE (9) ACRES MORE OR LESS AND LOCATED WITHIN WINTER SPRINGS, FLORIDA, AND LEGALLY DESCRIBED AS EAST 1f2 OF LOT 3, BLOCK C, AND EAST 1/2 OF LOT 3, BLOCK D, OF MITCHELL'S SURVEY OF LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, INCLUDING THAT PORTION OF ORANGE A VENUE THA T INTERSECTS THE TWO LOTS, AND GENERALLY LOCA TED ON ST A TE ROAD 434 ADJACENT TO CENTRAL WINDS PARK AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "SE-SUBURBAN EST A TES" TO CITY OF WINTER SPRINGS "TOWN CENTER"; 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 February 4, 2004, 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 City of Winter Springs Ordinance No. 2004-05 Page 1 of 4 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: 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 "SE-Suburban Estates" to City of Winter Springs "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2004-05 Page 2 of 4 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(1)(c)(4), Florida Statutes, and Section 9J-l1, 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), 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 City of Winter Springs Ordinance No. 2004-05 Page 3 of 4 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 _ day of ,2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G:\Docs\Cily of Winter Springs\Ordinances\Small Scale FLUM2004-05.wpd City of Winter Springs Ordinance No. 2004-05 Page 4 of 4 ORDINANCE NO. 2004-05 EXHIBIT" A" LOCATION MAP SUBJECT SITE LEGAL DESCRIPTION The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book I, Page 5, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the West line of the East Y2 of said Lot 3, Block D and the Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E along said West line, and along a Northwesterly projection thereof and along the West line of the East Y2 of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33 '04" E along said East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance of 1602.63 feet, more or less, to a point on said N011herly right-of-way, thence S 82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of Beginning. Containing 8.9 acres more or less.