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HomeMy WebLinkAboutOrdinance 2012-19 Toledo Property, Future Land Use Amendment ORDINANCE NO. 2012-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS ONE (1) PARCEL OF LAND, CONTAINING 8.29 ACRES,MORE OR LESS,AND LOCATED GENERALLY ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434, MORE PARTICULARLY DEPICTED IN EXHIBIT"A,"ATTACHED HERETO, FROM "COMMERCIAL", "CONSERVATION" AND CONSERVATION OVERLAY" TO "LOW DENSITY RESIDENTIAL","CONSERVATION"AND CONSERVATION OVERLAY"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY,AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. 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),Florida Statutes; and WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on November 7,2012 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 City of Winter Springs Ordinance No.2012-19 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 Community Planning Act,formerly known as 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"Commercial"to"Low Density Residential." Exhibit"A" is attached hereto and fully incorporated herein by this reference. Section 5. 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 6. 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(5)(c),Florida Statutes,unless challenged within thirty(30)days after adoption of this Ordinance,in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development 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 City of Winter Springs Ordinance No.2012-19 Page 2 of 3 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 28thday of January , 201 . / ,/ % /' "1" ." Lacy,rl 'R"i. ATT ST. A -4t *moo-Luaces, City Clerk Approved a , legal form and sufficiency for the Ci W. Springs only: gowit Anthony A. .rganese, City Attorney City of Winter Springs Ordinance No.2012-19 Page 3 of 3 Exhibit"A" Legal Description: Lot 19, MAP OF THE VAN ARSDALE OSBORNE BROKERAGE CO'S ADD. TO BLACK HAMMOCK, according to the plat thereof as recorded in Plat Book 1, Page 31, Public Records of Seminole County, Florida ° 0 0 I.:,_:: .........._... ........... a ... ..............__ .......... , ` : a 1 i •CRESS RU. €f'.:. ...BLAcK HAMMOCK BARRIN&TON ESTATES — • ° t....1 O,. 0 FEDRCA AY£ 5 Subject . ..._ . �1. . ° • r property € .... TERRALASO, �. - SR 434 \ .-