§ 98-122. Community redevelopment plan.

(a)

The community redevelopment plan for the community redevelopment area and reserve area, having been duly received and considered as provided by law, is approved and adopted as attached to the ordinance from which this section derives as exhibit A and on file in the city offices, more specifically referred to as Winter Garden Community Redevelopment Plan, and made a part of this section by reference. Such plan is designated as the official community redevelopment plan for the community redevelopment area, the boundaries of which are described in the plan. It is the purpose and intent of the city commission that the community redevelopment plan be implemented in the area.

(b)

The city commission expressly finds that the community redevelopment plan satisfies the requirements of F.S. § 163.360, because:

(1)

Even though no families are anticipated to be displaced as a result of the project, a feasible method exists for the location of any such families in decent, safe and sanitary dwelling accommodations within their means and without undue hardship;

(2)

The community redevelopment plan conforms to the city comprehensive plan as a whole;

(3)

The plan gives due consideration to providing adequate park and recreation areas and facilities that may be desirable;

(4)

The plan affords the maximum opportunity, consistent with the sound needs of the city as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise;

(5)

The plan is necessary and in the interests of public health, safety, morals and welfare of the residents of the city and will effectuate the purpose of the act by revitalizing the area economically and socially, thereby increasing the tax base, promoting sound growth, improving housing conditions, and eliminating the conditions which the state legislature has found in the state community redevelopment act, F.S. § 163.330 et seq., to constitute a menace that is injurious to the public health, safety and welfare of the residents; and

(6)

The plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the community redevelopment area; zoning and planning changes, if any; land uses; maximum densities; and building requirements.

(c)

In accordance with F.S. § 163.360(7)(b), the city commission determines that:

(1)

Nonresidential uses in the community redevelopment area are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives; and

(2)

Acquisition of property within the community redevelopment area may require the exercise of governmental action, as authorized by F.S. § 163.3161 et seq., or other applicable constitutional, statutory, or ordinance provisions, because of:

a.

Defective or unusual conditions of title or diversity of ownership which prevents the free alienation of such land;

b.

Tax delinquency;

c.

Improper subdivisions;

d.

Outmoded street patterns;

e.

Deterioration of site;

f.

Economic disuse;

g.

Unsuitable topography of faulty lot layouts;

h.

Lack of correlation of the area with other areas of the county or city by streets and modern traffic requirements;

i.

Inadequate parking facilities;

j.

Roadway, bridges or public transportation facilities incapable of handling the volume of traffic flow; or

k.

Any combination of such or other conditions which retard development of the area.

(Code 1988, § 16-82)