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HomeMy WebLinkAboutOrdinance 2015-10 Future Land Use Amendment - Lenity Architecture ORDINANCE NO. 2015-10 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 FOR ONE (1) PARCEL OF REAL PROPERTY CONSISTING OF 1.871 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL 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, 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 March 4, 2015, 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.2015-10 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 changing the designation of the real property legally described and 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, 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. City of Winter Springs Ordinance No.2015-10 Page 2 of 3 Section 7. 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 8. 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 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 13th day of April , 2015. Charle• acey, Ma 1 r ATT 'ST: 1 And(.....*\ ea Ldrenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the Cit " of Winter Springs only: Anthony A. Garganese, City Attorney Legal Ad: February 19, 2015 First Reading: March 23, 2015 Second Reading: April 13, 2015 SKETCH OF DESCRIPTION FOR: HAWTHORN DEVELOPMENT, LLC EXHIBIT"A" SECTION 6,TOWNSHIP 21 SOUTH,RANGE 31 EAST, SEMINOLE COUNTY,FLORIDA CITY OF WINTER SPRINGS "WINTER SPRINGS RETIREMENT RESIDENCE" DESCRIPTION: THAT PART OF THE CS.X. TRANSPORTATION INC., "LAKE CHARM BRANCH RAIL CORRIDOR"LYING IN LOT 8 BLOCK A° D.R. MITCHELL'S SURVEY OF THE LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5 OF 17-IE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31, ST. JOHNS LANDING AS RECORDED IN PLAT BOOK 53, PAGES 45 7HRU 49 OF SAID PUBLIC RECORDS SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID PUBLIC RECORDS; THENCE RUN NORTH 5931'38" WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 37 FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 300455" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 302455° WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH 593138°EAST, A DISTANCE OF 7132.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE AT 6036'00"FOR AN ARC DISTANCE OF 758.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 0104'22° WEST A DISTANCE AT 146.91 FEET; THENCE SOUTH 2459'47'W, A DISTANCE OF 318.72 FEET; THENCE SOUTH 00'00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH 36'55'21°EAST A DISTANCE OF 21754 FEET; THENCE SOUTH 15'19'53"EAST A DISTANCE OF 140.49 FEET; THENCE SOUTH 0223'00 WEST A DISTANCE OF 556.34 FEET; THENCE SOUTH 0725'15" WEST A DISTANCE OF 272 61 FEET; THENCE SOUTH 2930'05" WEST A DISTANCE OF 231.31 FEET; THENCE SOUTH 5037'58" WEST A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 5031'58" WEST FOR A DISTANCE OF 143.34 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE SOUTH 50'3158" WEST FOR A DISTANCE OF 566.79 FEET TO THE POINT OF BEGINNING; SAID POINT LYING ON THE EASTERLY RIGHT OF WAY OF THE C.S.X. TRANSPORTATION INC. 'LAKE CHARM BRANCH"RAIL CORRIDOR; THENCE SOUTH 6207'01" WEST A DISTANCE OF 101.16 FEET TO THE WESTERLY RIGHT OF WAY OF SAID RAIL CORRIDOR; SAID POINT BEING A NON TANGENT CURVE CONCAVE NORTHEASTERLY, AND HAVING A RADIUS OF 2248.74 FEET AND A CHORD BEARING OF NORTH 1232'30" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'42'25°FOR AN ARC DISTANCE OF 537.97 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 370733 FEET AND A CHORD BEARING OF NORTH 0020'46° WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'41'03"FOR AN ARC DISTANCE OF 691.32 FEET TO A POINT OF NON TANGENCY; SAID POINT LYING ON THE AFOREMENTIONED SOUTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE SOUTH 38'45'48"EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY FOR A DISTANCE OF 146.84 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 360733 FEET AND A CHORD BEARING OF SOUTH 01'11'18"EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 085958"FOR AN ARC DISTANCE OF 56660 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 214874 FEET AND A CHORD BEARING OF SOUTH 1220'33" EAST, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1378'37"FOR AN ARC DISTANCE OF 499.11 FEET TO THE POINT OF BEGINNING CONTAINING 2.635 ACRES MORE OR LESS. PARCEL NO: 06-27-31-300-001A-0000 = 0.764 ACRES PARCEL NO: 06-21-31-300-0028-0000 = 1.871 ACRES *SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1095 ** NOTES: 1. DATE OF SKETCH: FEBRUARY 03, 2015. 2. SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. 3. UNLESS OTHERWISE SHOWN, UNDERGROUND IMPROVEMENTS NOT LOCATED. 4. PUBLIC RECORDS NOT SEARCHED BY JCH CONSULTING GROUP, INC. 5. BEARINGS ARE ASSUMED BASED ON THE FLORIDA EAST GRID NAD-83, (2011 ADJUSTMENT). 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY WITHOUT AUTHORIZATION FROM JCH CONSULTING GROUP, INC. SURVEYOR'S CERTIFICATION: **NOTE: THIS IS NOT A I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA SURVEY** BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER FLORIDA SHEET 1 OF ? SECTION 472.027O , FLORIDA S TAT S.RATIVE CODE, PURSUANT TO ONE IS NOT COMPLETE WITHOUT THE OTHER CHRISTOPHER J. HOWSON, P.S.M., C.F.M.— LS 6553 OF JCH CONSULTING GROUP, INC. NOT VALID YATHOuT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER DRAWN: C.J.H. J.O.v # 14102 t4 H REVISED: DWG.# 14102SK /!'.: Q-- CONSULTING GROUP,INC. CHECKED: C.J.H. SHEET 1 OF 2 LAND DEVELOPMENT,S ORVEY1NG&MAPPING PL NNING.ENVIRONMENTAL.G.zs. APPROVED: C.J.H. CHAPNCt]HOPAom2.7.A1n0NNO,LB OH QHtSrcn.L FAWSON,P.S.M,GPM-136ID DAIS S°°"°°T'-' OCALA,"°1110 SCALE: 1" = 400' COPYRIGHT©JANUARY,2015 , SKETCH OF DESCRIPTION FOR: HAWTHORN DEVELOPMENT,LLC N59313B'W 1500'— POINT OF COMMENCEMENT SOUTHWESTERN MOST CORNER OF 530124'55V 500' PLAT BOOK 53,HPAGE 45-9 S30174'551V 3500' L-15a65' R=150.00' A=603600' C8=S297338E CFI 151.36' 501'04'22'W 146.91' S2459'411W 318.72' SOOVOOOE 115.48'-------- 15.48'— " *SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1095 * 5365521E 217.54' H' // 1 =PARCEL NO:06-21-31-300-001A-0000 S15795JE 140.49' 1 =PARCEL NO:06-21-31-300-002B-0000 \ SOUTHWERY RIGHT OF WAY 5022300'W 556.34' \ LNEOAIAf ITE ROAD 434 \ S0775151W 272.61' \rv\\ 0 \ 5293005'W 231.31' '9 Pr A PARCEL N0 06-21-31-300-001A-0000 0.764 ACRES MORE OR LESS L=691.32' S384548E 146.84' by R=3707.33' L=566.60' 1R1� 4=10 4103' j R=3607.33' AI 46'W 4=85958' �� p1=690.32' O S171'18E 5 CH=566 02' PARCEL NO. 06-21-31-300-0028-0000 L-499.11' ‘\ 1.871 ACRES R=214874' MORE OR LESS 4=137831' \ 55031'581W 143734' CB=S1270J3 f NORTHEASTERLY R/GHT OF WAY CH=49799• ,4 � LINE OF STATE ROAD 434 L=537.97' • R=224&74' 4 .� .\ a 13'4225• ,y;� NOTE: THIS IS NOT A C8=N1232'30'W 4P' POINT OF\ =535'69' BEGINNING SURVEY** WEST RIGHT OF WAY OF C.S.X.-�- SHEET? OF 2 TRANSPORTATION INC S62'07'01W 101.16' ONE IS NOT COMPLETE "LAKE CHARM BRANCH"RAIL CORRIDOR WITHOUT THE OTHER > ., < cii: H DRAWN: C.J.H. J.D# 14102 REVISED: DWG.# 14102SK2 � CONSULTING GROUP,INC. CHECKED: C.J.H. SHEET 2 OF 2 N=.€ �I LAND DEVELOPMEWr,SURVE37NG&MAPPING ir% PLANMIVG.ENVIROWENTAL 4.G.rs. APPROVED: C.J.H. C5 O(1I71GI77 OPAVIWAOA]7QNIC 13W/I WRISTON MJ HOWSON P.SM,CPM-fS6S51 "=�°'n"' "�""" SLUES,=�" SCALE: 1" = 400' C0P RIWT©JANUARY,2015 J