HomeMy WebLinkAboutOrdinance 2013-13 Plante Future Land Userr
ORDINANCE NO. 2013-13
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 NINE (9) PARCELS OF
LAND, CONTAINING 60 GROSS ACRES, MORE OR LESS,
AND GENERALLY LOCATED SOUTH OF STATE ROAD 434
AND EAST OF TUSKAWILLA ROAD, SAID PARCELS
BEING MORE PARTICULARLY DEPICTED AND
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
FROM SEMINOLE COUNTY "INDUSTRIAL" TO CITY OF
WINTER SPRINGS "TOWN CENTER"; 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,section 163.3161 et. seq.,Florida Statutes(2011)established the Community
Planning Act,which was formerly known as the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS,the Community Planning Act requires each municipality in the State of Florida
to prepare, adopt, and update a Comprehensive Plan; and
WHEREAS,in accordance with the provisions of the Community Planning Act,the Local
Planning Agency of the City of Winter Springs held a duly noticed public hearing on October 2,
2013 on the proposed comprehensive plan amendment set forth in this Ordinance and considered
applicable data and analysis and the 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
comprehensive plan text amendment set forth in this Ordinance; 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
City of Winter Springs
Ordinance No.2013-13
Page 1 of 3
MOM
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, Sections 163.3161 et. seq., Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt a
comprehensive plan amendment incorporating the revisions stated herein as part 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 Seminole County "Industrial" to City of Winter Springs
"Town Center." 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 of the City of Winter
Springs,or parts of 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 7. Incorporation Into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan amendments adopted by this Ordinance,said amendments 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.Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this Ordinance and the City Comprehensive Plan may be
freely made.
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 thirty-one(31)days
after the state land planning agency notifies the City that the plan amendment package is complete
pursuant to section 163.3184 (3)(c), Florida Statutes. If the plan amendment is timely challenged,
the plan amendment shall not become effective until the state land planning agency or the
City of Winter Springs
Ordinance No. 2013-13
Page 2 of 3
Administration Commission enters a final order determining the adopted amendment to be in
compliance. No development orders, development permits, or land use dependent on this plan
amendment may be issued or commenced before it has become effective. After and from the
effective date of this plan 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 plan
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 S pr ngs1-Florida,in a regular
meeting assembled on the 12th day of May, 2014.
Char es Lacey,Mayor '
ATTEST:
Nalarilw
1 .4
A orenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the o Winter Springs only:
I�
Anthony A. arganese, City Attorney
First Reading: October 28, 2013
Second Reading: May 12, 2014
Effective Date: See Section 8.
City of Winter Springs
Ordinance No.2013-13
Page 3 of 3
Exhibit "A"
LEGAL DESCRIPTION(PER TITLE COMMITMENT):
PARCELS 7, 8, 12, 14,and 17 and the platted roads, Gardena Farms,as recorded in Plat Book 6,
pages 23 through 24,of the Public Records of Seminole County,Florida,together being
described as follows:
A portion of Tuskawilla,D.R.Mitchell's survey of the Levy Grant,as recorded in Plat Book 1,
Page 5,and
a portion of Gardena Farms Town Sites,as recorded in Plat Book 6,Page 39,and a portion of
Gardena Farms,as recorded in Plat Book 6,Pages 23 through 24, all of the Public Records of
Seminole County,Florida,being more particularly described as follows:
COMMENCING at the Northwest corner of Lot 51,Tuscawilla Unit 9,as recorded in Plat Book
24,pages 72-73
of the Public Records of Seminole County,Florida;thence run North 55°27'26"West,along the
Westerly right of way line of Rails to Trails,as recorded in Official Records Book 3177,Page
632 of the Public Records of Seminole County,Florida,fora distance of 595.66 feet to the
POINT OF BEGINNING;Thence departing said Westerly right of way line run South 24°15'39"
West,along the Westerly line of Lot 1,Block 1,Gardena Farms Town Sites,as recorded in Plat
Book 6,page 39 of the Public Records of Seminole County,Florida,for a distance of 86.39 feet;
thence run South 09°45'37"West for a distance of 55.07 feet to a point on the Southerly right of
way line of Railroad Avenue,as shown on the said Plat of Gardena Farms Town Sites;thence
run North 55°27'26"West,along said Southerly right of way line,for a distance of 636.73 feet to
a point on the South line of the North 1/2 of Block 3 of said Gardena Farms Town Sites;thence
departing said Southerly right of way line,run North 85°42'44"West,along said South line of
the North 1/2 of Block 3,for a distance of 635.00 feet to a point on the West line of said Block 3;
thence departing said South line,run North 04°17'16" East,along said West line,for a distance
of 377.73 feet to the North line of said Gardena Farms Town Sites;thence departing said West
line,run North 85°44'34"West,along said North line,for a distance of 1291.09 feet to a point on
the Easterly right of way line of Tuskawilla Road;thence run North 13°13'34"East,along said
Easterly right of way line,for a distance of 45.94 to the point of curvature of a curve,concave
Westerly,having a radius of 5813.47 feet, a chord bearing of North l 1°19'20"East and a chord
distance of 382.08 feet;thence run Northerly along the arc of said curve,and said Easterly right
of way line,through a central angle of 03°45'59"for an arc distance of 382.15 feet to the point of
compound curvature of a curve,concave Easterly,having a radius of 5693.21 feet,a chord
bearing of North 11°19'33"East and a chord distance of 374.86 feet;thence run Northerly along
said curve and said Easterly right of way line,through a central angle of 03°46'24"for an arc
distance of 374.93 feet to the point of tangency;thence run North 13°13'03"East,along said
Easterly right of way line,for a distance of 12.05 feet;thence departing said Easterly right of
way line,run South 87°58'44"East for a distance of 511.70 feet to the Westerly right of way line
of the unnamed street as shown in said Plat Book 1,page 5;thence rim South 87°17'59"East for
a distance of 15.00 feet to the centerline of said unnamed street;thence run North 02°41'54"
East,along said centerline of unnamed street,for a distance of 372.00 feet;thence run North
87°17'59"West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the
unnamed street;thence departing said Westerly right of way line,run North 81°23'14"West for a
distance of 188.75 feet; thence run North I 1°14'43" East for a distance of 47.95 feet;thence run
North 74°48'12"West for a distance of 244.40 feet to the aforesaid Easterly right of way line of
Tuskawilla Road,said point being on a curve,concave Easterly,having a radius of 5677.58 feet,
a chord bearing of North 14°37'20"East and a chord distance of 24025 feet;thence run
Northerly along the arc of said curve,and said Easterly right of way line,through a central angle
of 02°25'29"for an arc distance of 240.27 feet;thence departing said Easterly right of way line,
run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right
of way line of the unnamed street;thence run South 87°17'54"East for a distance of 30.00 feet to
a point on the Easterly right of way line of the unnamed street;thence run South 02°4226"West,
along the said Easterly right of way line,for a distance of 14.64 feet;thence departing said
Easterly right of way line,run South 87°58'38"East for a distance of 142.88 feet to a point on
the Westerly right of way line of the Rails to Trails,said point also being a point on a curve,
concave Easterly,having a radius of 4008.02 feet,a chord bearing of South 04°25'42"East and a
chord distance of 293.20 feet;thence run Southerly along the arc of said curve,and said Westerly
right of way line,through a central angle of 04°11'32" for an arc distance of 293.27 feet to the
point of compound curvature of a curve, concave Easterly,having a radius of 2248.74 feet,a
chord bearing of South 15°30'27" East and a chord distance of 689.06 feet;thence run Southerly
along the arc of said curve,and said Westerly right of way line,through a central angle of
17°37'34"for an arc distance of 691.79 feet to the point of compound curvature of a curve,
concave Northeasterly,having a radius of 1915.35 feet,a chord bearing of South 37°05'33"East
and a chord distance of 846.86 feet;thence run Southeasterly along the arc of said curve,and
said Westerly right of way line,through a central angle of 25°32'38" for an arc distance of
853.91 feet;thence run North 37°08'28"East,along said Westerly and Southerly right of way
line, for a distance of 19.99 feet;thence run.South 52°44'55"East,along said Westerly and
Southerly right of way line,for a distance of 236.35 feet;thence run South 38°13'59"West,
along said Westerly and Southerly right of way line,for a distance of 17.96 feet;thence run
South 55°27'26"East,along said Westerly and Southerly right of way line,for a distance of
819.82 feet to the POINT OF BEGINNING.
LESS AND EXCEPT any platted rights of way not shown as vacated.
Containing 1,517,496 square feet,or 34.84 acres,more or less.
Parcels 4,5,9,and 10,together being described as follows:
A portion of Tuskawilla,D.R.Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5,and
a portion of Gardena Farms Town Sites,as recorded in Plat Book 6,Page 39,all of the Public
Records of
Seminole County,Florida,being more particularly described as follows:
BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase II,as recorded in Plat
Book 50,Pages 3 through 9 of the Public Records of Seminole County,Florida;thence run
thence run South 00°45'33"East along the Westerly line of said Reserve at Tuscawilla,Phase II,
also being the East line of Block A and Block D,Gardena Farms Town Sites,as recorded in Plat
Book 6,Page 39,of the said Public Records of Seminole County,Florida, for a distance of
810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails;thence
departing said West line and said East line,run North 55°28'13"West along said Northeasterly
right of way line,for a distance of 1393.50 feet to the point of curvature of a curve, concave
Northeasterly,having a radius of 1815.35 feet,a chord bearing of North 39°53'47"West and a
chord distance of 973.99 feet;thence run Northwesterly along the arc of said curve,and said
Northeasterly right of way line,through a central angle of 31°07'19"for an arc distance of
986.06 feet;thence departing said curve, and said Northeasterly right of way line,run South
85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434;thence run South 41°02'40"East along said Southerly right of way line for a distance
of 43.63 feet to a point on a curve,concave Northeasterly,having a radius of 2998.40 feet, a
chord bearing of South 56°12'43" East and a chord distance of 373.78 feet;thence run
Southeasterly along the arc of said curve,and said Southerly right of way line,through a central
angle of 07°08'50"for an arc distance of 374.02 feet;thence departing said curve,run North
30°12'52"East,along said Southerly right of way line,for a distance of 15.00 feet to a point on a
curve,concave Northeasterly,having a radius of 2983.40 feet, a chord bearing of South
61°27'48"East and a chord distance of 174.69 feet;thence run Southeasterly along the arc of
said curve,and said Southerly right of way line,through a central angle of 03°21'20"for an arc
distance of 174.72 feet;thence departing said curve,run South 04°13'03" West,along said
Southerly right of way line,for a distance of 206.38 feet to the Northerly right of way line of Old
State Road 434;thence run South 31°20'20"West for a distance of 30.00 to the Centerline of
said right of way,said point also being on a curve,concave Northerly,having a radius of 581.40
feet, a chord bearing of South 76°03'01"East and a chord distance of 347.22 feet;thence run
Easterly along the arc of said curve,and said Centerline,through a central angle of 34°44'53"for
an arc distance 352.60 feet;thence departing said curve,run South 02°25'12" East for a distance
of 29.86 feet to the POINT OF BEGINNING.
LESS AND EXCEPT any platted rights of way not shown as vacated.
AND ALSO LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida
Department of Transportation Right of Way Map Section 77070-2517.
Containing 1,207,960. square feet,or 27.73 acres,more or less.
Parcel 15,also being described as follows:
A portion of Tuskawilla,D.R.Mitchell's survey of the Levy Grant,as recorded in Plat Book 1,
Page 5,of the Public Records of Seminole County,Florida,being more particularly described as
follows:
COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase 11,as recorded in
Plat Book 50,Pages 3 through 9 of the Public Records of Seminole County,Florida;thence run
thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II,
also being the East line of Block A and Block D,Gardena Farms Town Sites,as recorded in Plat
Book 6,Page 39,of the said Public Records of Seminole County,Florida, for a distance of
81029 feet to a point on the Northeasterly right of way line of the Rails to Trails;thence
departing said West line and said East line,run North 55°28'13"West along said Northeasterly
right of way line, for a distance of 1393.50 feet to the point of curvature of a curve,concave
Northeasterly,having a radius of 1815.35 feet,a chord bearing of North 39°53'47"West and a
chord distance of 973.99 feet;thence run Northwesterly along the arc of said curve,and said
Northeasterly right of way line,through a central angle of 31°07'1.9"for an arc distance of
986.06 feet;thence departing said curve,and said Northeasterly right of way line,run South
85°45'55"East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434;thence continue South 85°45'55"East for a distance of 279.36 feet to a point on the
Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence
departing said Southerly right of way line,run South 85°45'55"East for a distance of 242.50
feet;thence run South 04°13'03"West for a distance of 132.06 feet to a point on the aforesaid
Northerly right of way line,said point also being a point on a curve,concave Northeasterly,
having a radius of 2853.40 feet,a chord bearing of North 60°55'00"West and a chord distance of
112.65 feet;thence run Northwesterly along the arc of said curve,and said Northerly right of
way line,through a central angle of 02°15'44"for an arc distance of 112.66 feet;thence
departing said curve,run North 30°12'52" East,along said Northerly right of way line,for a
distance of 10.00 feet to a point on a curve,concave Northeasterly,having a radius of 2843.40
feet,a chord bearing of North 58°08'24" West and a chord distance of 163.31 feet;thence run
Northwesterly along the arc of said curve,and said Northerly right of way line,through a central
angle of 03°1729"for an arc distance of 163.34 feet to the POINT OF BEGINNING.
Containing 16,374 square feet,or 0.38 acres,more or less.
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