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HomeMy WebLinkAboutOrdinance 2012-21 Weaver Property, Future Land Use Amendment ORDINANCE NO. 2012-21 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 19.1 ACRES,MORE OR LESS, AND LOCATED GENERALLY NORTH OF STATE ROAD 434 AND WEST OF DELEON STREET, MORE PARTICULARLY DEPICTED IN EXHIBIT"A,"ATTACHED HERETO, FROM "RURAL RESIDENTIAL" AND "CONSERVATION OVERLAY" TO "LOW DENSITY RESIDENTIAL" 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,sections 163.3161 et.seq.,Florida Statutes,establish the Community Planning Act; and WHEREAS,sections 163.3184 and 163.3187,Florida Statutes,establish the process for the amendment of comprehensive plans,pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; 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. City of Winter Springs Ordinance No.2012-21 Page 1 of 3 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 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"Rural Residential"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 ofprior 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 the comprehensive plan amendment shall not become effective until 31 days after the state land planning agency notifies the City that the plan amendment package transmitted by the City is complete, except, however, if the plan amendment is timely challenged, this Ordinance shall not become effective until the date a final order is issued by the state land planning agency,or the date that the Administration Commission enters a final order determining the adopted 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 City of Winter Springs Ordinance No.2012-21 Page 2 of 3 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 28thday ofJanuary 2013. — Cha 'es tic—.y, . ■• ATTEST: r ' Lorenzo-Luaces, City Clerk Approved,d)—- o legal form and sufficiency for the Ci,l• nter Springs only: 4111101 Anthony Arewarganese, City Attorney City of Winter Springs Ordinance No.2012-21 Page 3 of 3 Exhibit"A" Legal Description: The West 1/2 of the SW 1/4 of the NW 1/4 of Section 3, Township 21 South, Range 31 East, lying and situate in Seminole County, Florida. A 0 a Subject property -. ,._._. .a.._ _.BLACK HAMMOCK ES TA TES �g ._ O O g e F..: 0 .... .. FL0idAA±AVE ... ' [1•-!—Y f- , 0 _TERaAGA6o wSN 34 SR 434