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Home My WebLink AboutOrdinance 2013-04 RaceTrac Future Land Use ORDINANCE NO. 2013-04 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 DESCRIBED AS THREE (3) PARCELS OF LAND, CONTAINING 1.66 GROSS ACRES, MORE OR LESS,AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17-92 AND STATE ROAD 419 AT 3237 NORTH U.S. 17-92, 1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "MIXED DEVELOPMENT (MXD)"TO CITY OF WINTER SPRINGS"COMMERCIAL"; 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 February 6, 2013 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.2013-04 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 legally described and depicted on Exhibit "A" from Seminole County "Mixed Development(MXD)"to City of Winter Springs"Commercial." 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 City of Winter Springs Ordinance No.2013-04 Page 2 of 3 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 11th day of March, 2013. Ch • Lacey, . ATTE' : el orenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the Ci Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No.2013-04 Page 3 of 3 Exhibit"A" Legal Description: t(aIN.SCOASPRON 8*.OW ONE 400, as a fur.esr or ar mmetsr cower 4 set MOM UNE aW aeon ova N@ PIOX moor KIT MO rarK NOW Steel 800 010:1+0420 OW Ne:sir Al ram'Cr NOPONA MN ROO esar-ar-m,..m maw s*to LOW SOCAPRON MN&OM ANN 10.7-Nof 010r0Q Al 5.ir 40:00040S7 03100$or Mt tromeosr riot or Of DAMS 00 0114000WIES0 WV OF 0001M20 taw o at r mem o mow era ALMS off SOVIN L C ar.0r tae*tatsr VS ar se souovar or at r a S asomerr V$7NASA soloasno IOW N wa SAS=IN OW OF E 4/0 ApM p N� �� t MY tMM d Tit er 400100.10V S40 OW WOW eV Mgr 410 CA• moo OIN WOW ANON Ow, ANNOasulor ON MN SAVO 41. 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