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 .
/
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"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
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TERRALASO, �. - SR 434 \ .-