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HomeMy WebLinkAboutOrdinance 2010-20 GreeneWay Interchange District Amendments ORDINANCE 2010 -20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY FLORIDA, SETTING FORTH AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN REGARDING THE GREENWAY INTERCHANGE DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established 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, certain textual amendments to the Future Land Use Element related to the Greeneway Interchange District (GID) are required to better implement the goals of SeminoleWAY and the East Central Florida Regional Planning Council; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on July 14, 2010, 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 WHEREAS, the Local Planning Agency recommended the City Commission adopt the large scale comprehensive plan text amendment; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and 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 City of Winter Springs Ordinance 2010 -20 Page 1 of 3 Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3167 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt the large scale comprehensive plan text amendment set forth herein revising and updating the Future Land Use Element as it relates to the Greeneway Interchange District to better implement the goals of SeminoleWAY and the East Central Florida Regional Planning Council. Section 4. Adoption of Large Scale Comprehensive Plan Text Amendment. The City Commission of the City of Winter Springs hereby amends the Future Land Use Element of the City's Comprehensive Plan as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Future Land Use Element. It is intended that the text in the Future Land Use Element denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Policy 3.2.2 Residential Use Limitations. Prohibit residential except as a conditional use, incidental to other GID uses set forth in Policy 3.2.1. Residential uses shall be and limit the residential component to no inoi C than 25% of-any-one-vertically integrated; into mixed use structures and shall not occupy more than seventy -five percent (75%) of any one structure. Proposed residential uses that occupy more than twenty -five percent (25 %) of any one building must be incidental residential uses associated with a primary nonresidential use. Additionally, residential uses shall not occupy more than twenty -five percent (25 %) of the total floor area of development for any proposed phase (parking garages excluded in the calculation) approved by the City Commission. Policy 3.2.4 Intensity and Building Height. Encourage higher intensity development in the GID by requiring buildings to include at least two (2) stories of occupiable space (as defined in Florida Building Code, Chapter 2) and allowing a FAR up to 1.0. Development bonuses allowing a higher FAR, may be granted based on the criteria described in Future Land Use Element, Policy 3.2.5. The City Commission may permit principal buildings less than two (2) stories in height by conditional use pursuant to the standards set forth in the City's land development regulations. Ancillary buildings may be excluded from the two story minimum, by action of the City Commission. 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 City of Winter Springs Ordinance 2010 -20 Page 2 of 3 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. 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. 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 of Winter Springs, Florida, in a regular meeting assembled on the 25th day of October, 2010. • Jr — 9 ke JOI F. BUSH, ayor . ATT • : A- °4 ;1 LORENZO - LUACES Ci Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOir E CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney Transmittal Hearing: July 26, 2010 Adoption Hearing: October 25, 2010 Effective Date: City of Winter Springs Ordinance 2010 -20 Page 3 of 3