The URL can be used to link to this page

Home My WebLink AboutOrdinance 2015-02 FLUM - Northern Oaks ORDINANCE NO. 2015-02 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 TWO (2) PARCELS OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 18.67 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED JUST EAST OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 417, OVIEDO; SAID PARCELS 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 "SUBURBAN ESTATE (SE)" TO CITY OF WINTER SPRINGS "LOW DENSITY RESIDENTIAL"; 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 large scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3184, Florida Statutes; and WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on January 7, 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, after first reading, and prior to second reading, the applicant provided the City with a metes and bounds boundary survey verifying that the total acreage of the subject two parcels is actually 20.479 acres and that boundary survey is being attached to this Ordinance as Exhibit "A"; however, the City Commission hereby finds that the revised acreage does not City of Winter Springs Ordinance No.2015-02 Page 1 of 3 materially effect the adoption process because the two subject parcels, as legally described by Parcel Identification and depicted on the Seminole County Property Appraiser's Office have consistently been used throughout the adoption process of this Ordinance. The metes and bounds survey simply provides the metes and bounds legal description of the two parcels of land and confirms the actual acreage of the subject two parcels of land; 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 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"Suburban Estate" to City of Winter Springs "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 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 City of Winter Springs Ordinance No. 2015-02 Page 2 of 3 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 the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (3 1) 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 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. In addition, the effective date of this Ordinance is also contingent upon Ordinance 2015-01 (Annexation of subject property)becoming effective. Section 9. Contingency to Address Quiet-Title Action, If Necessary. This Ordinance shall be subject to the contingency set forth in Section 3 of Ordinance 2015-01. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of February, 2016. r. Charl s Lacey, Ma AT'TES ; f � r ea Ldr:enzo-Luaces, City Clerk Approved,, legal form and sufficiency for the C' ter Springs only: Anthony A. Garganese, City Attorney Legal Ad: December 18, 2014 First Reading: January 26, 2015 Legal Ad: December 3, 2015 Second Reading: February 22, 2016 City of Winter Springs Ordinance No. 2015-02 Page 3 of 3 EXHIBIT"A" DESCRIPTION THAT PART OF THE NORTHEAST 1/4,NORTHEAST 1/4,SOUTHWEST 1//4,SECTION 4,TOWNSHIP 21 SOUTH, RANGE 31 EAST,SEMINOLE COUNTY, FLORIDA,AND THAT PART OF NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4,OF SECTION 4,TOWNSHIP 21 SOUTH,RANGE 31 EAST,SEMINOLE COUNTY,FLORIDA BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4,NORTHEAST 1/4,SOUTHWEST 1/4; THENCE RUN N89°45'46"E,ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, NORTHEAST 1/4, SOUTHWEST 1/4 AND THE NORTH LINE OF SAID NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4, 1353.80 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4;THENCE RUN S00°32'06"E ALONG THE EAST LINE OF SAID NORTHWEST 1/4, NORTHWEST 1/4, SOUTHEAST 1/4,662.21 FEET,TO THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD NO.434,PER FLORIDA DEPARTMENT OF TRANSPORTATION MAP 77070-W.P.I. NO 5117657;THENCE RUN WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES:S89°42'21"W,66.96 FEET;THENCE RUN N89°47'34"W,571.52 FEET;THENCE RUN S89°42'21"W,714.40 FEET,TO THE WEST LINE OF SAID NORTHEAST 1/4,NORTHEAST 1/4,SOUTHWEST 1/4;THENCE RUN N00°37'05"W,ALONG SAID WEST LINE,65856 FEET,TO THE POINT OF BEGINNING. CONTAINING 20.479 ACRES, MORE OR LESS. 1SV3 If scaesos-<w oN zezec s 'NaaNr�aalN!« J 30Nd21 <wasoa mr.o =wve iaias mna M z. rmr i. Nra n M orvxoo o'a u! u rao J� fG2C al N011VllatlalltY.iO LrJUaaJJ f !f, a Hl(105 le Du '6uiddeVj�.6w6anjnS awl v ror aro Y dIHSNM01 N`dNHSIB o a N ru 133HS N01103S "' �5 U3a 000'60t41 ;H38WnN eor I i I 3t1!/O i'IBVQVVi1Y1.�t�Y it r--------------- srl {•Isa 2•t•io•ukL'-o'+•��?9� a } T/ II _ �>� az yy � �� F- �� @•�ill 1 � I I � 1 s BL•'p��i d j Y 0 YQ x.t d 9 )'Qggc,Gygs\�¢� •1 8� }.–'_'_=f- _01 ..v _.. -� _�_ °;i rs 1x �f,=nm>•Ya°".a. 3 a �P al�� a\.g� •�i� j € E� � y I F-7�--il Ry�� °� Y48y 1■'Nb �� rlrrao�—_3.s� _ _T:A`ai I R RyR \Fpa y3N �L IV o gdp34p Pa�y¢ p>a W cc zj I r ct _____.________ to crF a -q �y� � / „/N.KYLe N.aOLLWN / d ••I Q}� $k ,B $ e 6a� �� glen Sk I -r.i,mnlxa