HomeMy WebLinkAbout2007 01 22 Public Hearing 201 Ordinance 2006-15
CITY COMMISSION
ITEM 201
Public Hearing
January 22. 2007
Meeting
Mgr./DePt~-T '
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2006-15, a
Large Scale Comprehensive Plan Text Amendment (referenced as LS-CPA-07-03) which creates
Future Land Use Element Policy 1.8.4, establishing an eastern annexation boundary for the City,
preventing the City from expanding the City boundary beyond Deleon Street.
PURPOSE: This action is a follow-up to the directive included in Ordinance 2006-02,
adopted on May 22, 2006 by the City Commission.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): Local Planning Agency responsiblefor the comprehensive
planning program.
Chapter 171. Florida Statutes rAnnexationl
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprin2s Charter Section 4.15 Ordinances in General.
Winter Sprin2s Article III. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
Winter Sprin2s Section 2-118 Annexations East of DeLeon Street Prohibited
CHRONOLOGY:
May 22. 2006-City Commission adopted Ordinance 2006-02 adding Section 2-118 to the City
Code preventing annexation of properties east of Deleon Street.
Oct.23. 2006- Commission Approved Transmittal Ordinance 2006-02 to DCA
Jan. 3,2007- ORC Report Received from State Dept of Community Affairs
Jan. 10,2007- Public Noticing in Orlando Sentinel of City Commission Adoption Hearing
January 22, 2007
PUBLIC HEARING AGENDA ITEM 201
CONSIDERATIONS:
The City Commission has determined that Annexation eastward, beyond Deleon Street, is not in
the City's best interest;
The State of Florida [chapter 171, Florida Statutes] allows a municipality the discretion to set
annexation policy;
County residents of this area [known as the "Black Hammock"] desire its rural preservation;
In the past, the area has been the source of conflict and disagreement between the City of
Winter Springs and Seminole County and the City of Oviedo;
In the spirit of mutual cooperation with Seminole County and the City of Oviedo, the City has
implemented Code language preventing annexation of this area;
A directive was given by the City Commission that new policy language would be implemented
into the Comprehensive Plan at the next submittal cycle to prevent annexation of any real
property, either voluntarily or involuntarily, that is located east of an imaginary straight line
which commences on the southern boundary of the shores of Lake Jesup and runs southward
along the eastern most boundary of the Deleon Street right-of-way and which terminates on the
northern boundary of the City of Oviedo.
The proposed text amendment fulfills the City Commission's directive and promotes Inter-
Governmental Cooperation.
FINDIN GS:
(1) The Florida Department of Community Affairs did not raise any objections to the proposed
amendment;
(2) The proposed amendment has been properly noticed;
(3) The Local Planning Agency on October 4, 2006, held a Public Hearing, considered the
findings, and recommended Approval.
(4) The proposed amendment does not diminish the city's budget, or the economy of the city or
the region;
(5) The proposed amendment does not reduce the level of service (LOS) of the City's public
facilities;
(6) The proposed amendment promotes the preservation of the rural area and the environment;
(7) The proposed amendment is consistent with the goals, objectives, and policies of the State
Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East
Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative
Code is no longer required as this rule was repealed;
(8) The proposed amendment promotes the cost effective use of the City's public facilities;
(9) The proposed amendment helps to ensure that the rural character of the Black Hammock is
maintained and protection;
(10) The proposed amendment does not cause the City's Comprehensive Plan to be internally
inconsistent.
(11) The proposed amendment does not adversely affect the public health, safety, welfare,
economic order, or aesthetics of the city or region; and
- 2-
January 22, 2007
PUBLIC HEARING AGENDA ITEM 201
(12) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida
Administrative Code.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second
Reading/Adoption of Ordinance 2006-15 [a Large Scale Comprehensive Plan Text Amendment
(referenced as LS-CPA-07-03)] based on the Findings enumerated above.
IMPLEMENTATION SCHEDULE:
Jan. 22, 2007- City Commission 2ND Reading/Adoption Hearing
Jan. 30, 2007- Submittal to DCA for Compliance Review (within 10 days of adoption)
The ordinance will become effective after 21 days ofthe issues of "Notice ofIntent" by the Florida
Department of Community Affairs to find the large scale comprehensive plan amendment in
compliance. [ref: 163.3184 (10)(a) F.S.]
ATTACHMENTS:
A. Public Noticing in Orlando Sentinel
B. ORC Report
C. Ordinance 2006-15 with Proposed Future Land Use Element, Policy 1.8.4
CITY COMMISSION ACTION:
- 3-
ATTACHMENT A
JANUARY 10, 2007 021
ay of the month except January.
: Fred Hunter at 407-896-,4357.
~S OF CONFEDERATE YmRANS,
SUMMERLIN CAMP NO. 1516:
the second Monday of the
. Details: Buck Branham at 407-
03.
ITER PARK HISTORICAL ASSOCIA-
neets the second Wednesday of
Jnth, September through May,
: 407-647-2330.
~ESS, FINANCIAL
i1NESS AND PROFESSIONAL WO-
\eets the second Tuesday of ev-
nth. Details:407~72-2601.
;INESS REFERRAL NETWOIiK INC.: a
is leads-generating organization;
!very Friday, Details: Michael Me-
-07-894-8688.
CUlIYE SPORTS CLUB OF ORLAN.
ports-minded group for profes-
lthletes, retired and active, and
is leaders;. meets monthly. De-
7-261-0218.
,L ESTATE NETWORK OF CENTRAL
A; meets the third Wednesday of
,nth. Details: Len Olmer at 407-
32.
:r ARIAl
eRNATIONAL ASSOCIATION OF
STRATIVE PROFESSIONALS, LAKE
VISTA CHAPTER: meets t~ third
sday of the month. Details: 407-
i 1 or 407-824-4808.
eRNATIONAL ASSOCIATION OF
STRAnVE PROFESSIONALS. OR.
CHAPTER: meets t~ third Mon-
the month, Details: 407-423.
:RNATIONA~ ASSOCIATION OF
STRATIVE PROFESSIONAL5,W1N,
~K CHAPTER: meets the second
/ of the month. Details: Tammy
40H79-7796,
:LLANEOUS
IE COLEMAN CHAPTER OF THE
DAUGHTERS OF THE CONFEDER.
eets the third Saturday of the
Details: 407-468-151 5.
ISTS' LEAGUE OF ORANGE COUN,
ets the third Saturday of the
September through May. De-
lene Bayne, president, at 407.
'3,
ES IN TOYLAND, LAUREL AND
APPRECIATION SOCIETY: meets
j Saturday of the_mont~ In Jan-
lrch, May,'July, S\!ptember and,
ler, Details: Gary Meiseles at
'0199.
~ERSHOP HARMONY SINGERS:
very Tuesday. Details: 407:671-
GHTERS OF THE AMERICAN REV.
iI, ORLANDO CHAPTlR: meets
Saturday of the month !!xcept
August. Details: 407-628-3381.
'A AIR LINES PIONEERS, CHARLES
o~ CHAPTER: meets the second
.no.",...
NOTICE OF CHANG'ES ~
. TO THE I
COMPREHENSIVE' PLAN
CITY OF WINT.ER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CI1Y COMMISSION OF
THE CI1Y OF WINTER SPRINGS
PROPOSES TO ADOPT:
ORDINANCE 2006.15
AN ORDINANCE OF THE cm OF WINTER SPRINGS, SEMINOLE COUN1Y, FLORIDA,
RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A
LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, REFERENCED AS
LG-CPA;07-03, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO
THE FUTURE LAND USE ELEMENT; CREATING, POLICY 1.8.4 ESTABLISHING AN
EASTERN ANNEXATION BOUNDARY COMMENCING ONTHE SOUTHERN BOUNDARY
OF Ti-IE SHORES OF LAKEJESUP AND RUNNING SOUTHWARD ALONG THE
EASTERN MOST BOUNDARY OF THE DELEON STREET RIGHT OF WAY AND
TERMINATING ON THE NORTHERN MOST BOUNDARY OF THE cm OF OVIEDO,
BEYOND WHICH THE CnY SHALL NOT PROCESS VOLUNTARY OR INVOLUNTARY
ANNEXATIONS; PROVIDING FOR TRANSMmAL OF THE PLAN TO THE DEPARTMENT
,OF COMMUNI1Y AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; SEVERABILl1Y; AND AN EFFECTIVE DATE,
......." -"~,...-..
! I
I
I
I I
PUBLIC HEARING
FOR SECOND READING AND ADOPTION
WILL BE HELD ON
MONDAY, JANUARY 22, 2006
AT 6:30 P.M.
OR SOON THEREAFTER
IN THE COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The pmposed ordinance melY be obtained by interested parties between 8 a.m. and
5 p.m" Monday through fiictay, atthe City's Clerk's Office, IGcated ilt 1126 E. SR 434,
WInter Springs, Florida. For more information, call (407) 327.1800 #227. Persons
with' disabll~!e. needing assistance to participate In any of these proceedings should
contJct the Employee Relations Department Coordinator, 48 hours in advance of the
meeting at (407) 327.1800, #236. This Is a public hearing, Interested parijesare
advised that they may appear at the meeting and be heard w~h respect to the
proposed ordinance. If you decide to appeal any recommendation or decision made
by the City Commission wtth respect to any matter considered at this meeting, you
will need a record of the proceedings, and for such purposes, you may need to ensure
that a verbatim record Of the proceedings Is made upon which the appeal Is based.
ATTACHMENT A
NOTICE OF · I'
ZONING CODE CHANGES: '
CITY OF-WINr-ER- SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY ,COMMISSION OF
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT:
ORDINANCE 2006-12
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, 'FLORIDA,
AMENDING SECTION 20-451 OF THE CITY
CODE REGARDING TELECOMMUNICATION
TOWERS AND ANTENNAS; PROVIDING FOR
THE REPEAL OF PRIOR ,INCONSISTENJ
ORDINANCES, AND RESOLUTION~,
INCORPORATION INTO THE, 'CODE
SEVERABILITY, AND AN EFFECTIVE DATE.
PUBLIC HEARI'NG
FOR FIRST READING
WILL BE HELD ON
MONDA~JANUARY 22, 2006
AT 6:30 P.M.
OR SOON THEREAFTER
IN THE COMMISSION' CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL ~
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be obtained by
interested parties between 8 a.m. and 5 p.m"
Monday through Friday, at the City's Clerk'$
Office, located at 1126 E. SR 434, Winter
Springs, Florida. For more information, call (407:)
327-1800 #227. Persons with disabilitie~
needing assistance to participate in any of these
proceedings should contact the Employee
Relations Department Coordinator, 48 hours ii;J
advance of the meeting at (407) 327-1800, #236.
This is a public hearing. Interested parties are
advised that they may appear at the meeting and
be heard with respect to the proposed
ordinance. If you decide to appeal any
recommendation or decision made by the City
Commission with respect to, any matter
considered at this meeting, you will need a
record of the proceedings, and for such
purposes, you may need to ensure that a
verbatim record of the proceedings is made
upon which the appeal is based.
'.
, g
,!
. - --- - -- - - - - --- -------- --- - - - CLIP-N-SAVE ,-- - ----------- ------ - --------
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ATTACHMENT B
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Govemor
December 18, 2006
THADDEU~. COHEN. AlA
~ Secretary
~
C), ......: (\
'6\ ~ ~
':\-a .? ~
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:1<&~ ,~
%0Jc V
%~
~~ 2007
Ronald McLemore
Manager, City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Dear Mayor Yatsuk:
The Department has completed its review of the proposed Comprehensive Plan
Amendment for Winter Springs (DCA 07-1), which was received on November 2,2006. Copies
of the proposed amendment has been distributed to appropriate state, regional and local agencies
for their review, and their comments are enclosed.
The Department has reviewed the comprehensive plan amendment for consistency with
Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The
Department does not raise any objections to the proposed amendment, and this letter serves as
the Objections, Recommendations and Comments (ORC) Report. Within the next 60 days, the
City should act by choosing to adopt, adopt with changes or not adopt the proposed amendment.
For your assistance, we have enclosed procedures for final adoption and transmittal of the
comprehensive plan amendment. If you have any questions, please contact Melissa Hall,
Planner, at (850) 922-1782.
JS/mh
Enclosures: Transmittal Procedures
cc: Mr. Randy Stevenson, Community Development Director, Winter Springs
Eloise Sahlstrom, Senior Planner, Winter Springs
Mr. Phil Laurien, Executive Director, East Central Florida Regional Planning Council
2555 SHUMARD OAK BOULEVARD TALLAHASS'EE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Inlernel address: hllo:llwww.dca.slate.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT
2196 Oveneas Highway. Suile 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
........... ~I 1""....."71 Tal!ahassee. FL 32399-2100 Tallat\as$ee. FL 3239So2100
tlllC."'A1'\.QMQ
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallal1a$see. FL 3239So2100
111M I 488.7g5fl
ATTACHMENT C
ORDINANCE NO. 2006-15
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, RELA TING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING A LARGE SCALE COMPREHENSIVE PLAN
TEXT AMENDMENT, REFERENCED AS LG-CPA-07-03,
WHICH SHALL AMEND THE COMPREHENSIVE PLAN
RELEVANT TO THE FUTURE LAND USE ELEMENT;
CREATING POLICY 1.8.4 ESTABLISHING AN EASTERN
ANNEXATION BOUNDARY COMMENCING ON THE
SOUTHERN BOUNDARY OF THE SHORES OFLAKEJESUP
AND RUNNING SOUTHWARD ALONG THE EASTERN
MOST BOUNDARY OF THE DELEON STREET RIGHT OF
WAY AND TERMINATING ON THE NORTHERN MOST
BOUNDARY OF THE CITY OF OVIEDO, BEYOND WHICH
THE CITY SHALL NOT PROCESS VOLUNTARY OR
INVOLUNTARY ANNEXATIONS; PROVIDING FOR
TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, on May 22, 2006, the City Commission adopted Ordinance 2006-02,
establishing a formal policy of the City not to annex any real property located East of an imaginary
line commencing on the Southern boundary of the shores of Lake Jesup and running Southward
along the Eastern most boundary of the DeLeon Street right -of way and terminating at the Northern
most boundary of the City of Oviedo; and
WHEREAS, the City desires to amend its Comprehensive Plan consistent with the formal
policy; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
City of Winter Springs
Ordinance No. 2006-15
Page 1 of 4
public hearing, in accordance with the procedures in chapter 163, Florida Statutes, on the proposed
Comprehensive Plan amendments and considered findings and advice of staff, citizens, and all
interested parties submitting written and oral comments and has recommended adoption to the City
Commission; and
WHEREAS, the adoption of this Comprehensive Plan Text Amendment, is consistent with
the Goals, Objectives and Policies of the City's adopted Comprehensive Plan; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests of the public health, safety, and welfare
of the citizens of Winter Springs, Florida.
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 Local Government Comprehensive Planning and Land Development Regulations Act,
sections 163.3184 and 163.3187, Florida Statutes.
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 Amendments to Comprehensive Plan, Future Land Use
Element. The City of Winter Springs Comprehensive Plan, Future Land Use Element, is hereby
amended as follows Underlined type indicates additions and sttikeotlt type indicates deletions, while
asterisks (***) indicate a deletion of text from the Comprehensive Plan, Future Land Use Element.
It is intended that the text denoted by the asterisks shall remain unchanged from the language
existing prior to adoption of this Ordinance):
FUTURE LAND USE ELEMENT
***
D. GOALS, OBJECTIVES AND POLICIES
GOAL 1: Quality of Life. To effectively manage the land use pattern in the City to enhance the
qualify 0 f life for its citizens; promote economic vitality; and, accommodate population and
development growth in an environmentally acceptable manner.
City of Winter Springs
Ordinance No. 2006-15
Page 2 of 4
***
Objective 1.8: Annexation. The City shall pursue a policy of annexation which will
provide for the most efficient use of public facilities and services, eliminate areas of
jurisdictional problems, and provide for sound growth and development of the City and
surrounding area.
***
Policy 1.8.4: The City shall not process any voluntary annexation petitions received
from property owners. nor shall the City initiate any involuntary annexation
procedure. involving any real property that is located east of an imaginary straight
line which commences on the southern boundary of the shores of Lake Jesup and
runs southward along the easternmost boundary of the Deleon Street right-of-way and
which terminates on the northern most boundary of the City of Oviedo.
***
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions . All prior
inconsistent ordinances and resolutions adopted by the City Commission, 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.
Section 8. Effective Date and Legal Status of the Plan Amendments. The effective
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is issued by the Florida Department of Community Affairs, or the Administration Commission
finding the Amendments in compliance with section 163.3184, Florida Statutes. No development
orders, development permits, or land use dependent on these Amendments may be issued or
commenced before the amendments become effective. If a final order of noncompliance is issued
by the Administration Commission, the Amendments may nevertheless be made effective by
adoption of a resolution affirming its effective status. After and from the effective date of these
Amendments, the Comprehensive Plan Amendments 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
City of Winter Springs
Ordinance No. 2006-15
Page 3 of 4
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 _ day of , 2007.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No.2006-15
Page 4 of 4
ORDINANCE NO. 2006-15
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING A LARGE SCALE COMPREHENSIVE PLAN
TEXT AMENDMENT, REFERENCED AS LG-CPA-07-03,
WHICH SHALL AMEND THE COMPREHENSIVE PLAN
RELEVANT TO THE FUTURE LAND USE ELEMENT;
CREATING POLICY 1.8.4 ESTABLISHING AN EASTERN
ANNEXATION BOUNDARY COMMENCING ON THE
SOUTHERN BOUNDARY OF THE SHORES OFLAKEJESUP
AND RUNNING SOUTHWARD ALONG THE EASTERN
MOST BOUNDARY OF THE DELEON STREET RIGHT OF
WAY AND TERMINATING ON THE NORTHERN MOST
BOUNDARY OF THE CITY OF OVIEDO, BEYOND WHICH
THE CITY SHALL NOT PROCESS VOLUNTARY OR
INVOLUNTARY ANNEXATIONS; PROVIDING FOR
TRANS MITT AL OF THE PLAN TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, on May 22, 2006, the City Commission adopted Ordinance 2006-02,
establishing a formal policy of the City not to annex any real property located East of an imaginary
line commencing on the Southern boundary of the shores of Lake Jesup and running Southward
along the Eastern most boundary ofthe DeLeon Street right-of way and terminating at the Northern
most boundary of the City of Oviedo; and
WHEREAS, the City desires to amend its Comprehensive Plan consistent with the formal
policy; and
WHEREAS, the Local Planning Agency ofthe City of Winter Springs held a duly noticed
City of Winter Springs
Ordinance No. 2006-15
Page 1 of 4
public hearing, in accordance with the procedures in chapter 163, Florida Statutes, on the proposed
Comprehensive Plan amendments and considered findings and advice of staff, citizens, and all
interested parties submitting written and oral comments and has recommended adoption to the City
Commission; and
WHEREAS, the adoption ofthis Comprehensive Plan Text Amendment, is consistent with
the Goals, Objectives and Policies of the City's adopted Comprehensive Plan; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests ofthe public health, safety, and welfare
of the citizens of Winter Springs, Florida.
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 Local Government Comprehensive Planning and Land Development Regulations Act,
sections 163.3184 and 163.3187, Florida Statutes.
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 ofthe City
of Winter Springs' Comprehensive Plan.
Section 4. Adoption of Amendments to Comprehensive Plan, Future Land Use
Element. The City of Winter Springs Comprehensive Plan, Future Land Use Element, is hereby
amended as follows Qnderlined type indicates additions and 5tl ikeout type indicates deletions, while
asterisks (***) indicate a deletion of text from the Comprehensive Plan, Future Land Use Element.
It is intended that the text denoted by the asterisks shall remain unchanged from the language
existing prior to adoption of this Ordinance):
FUTURE LAND USE ELEMENT
* * *
D. GOALS, OBJECTIVES AND POLICIES
GOAL 1: Quality of Life. To effectively manage the land use pattern in the City to enhance the
qualify 0 f life for its citizens; promote economic vitality; and, accommodate population and
development growth in an environmentally acceptable manner.
City of Winter Springs
Ordinance No. 2006-15
Page 2 of 4
* * *
Objective 1.8: Annexation. The City shall pursue a policy of annexation which will
provide for the most efficient use of public facilities and services, eliminate areas of
jurisdictional problems, and provide for sound growth and development of the City and
surrounding area.
* * *
Policy 1.8.4: The City shall not process any voluntary annexation petitions received
from property owners, nor shall the City initiate any involuntary annexation
procedure, involving any real property that is located east of an imaginary straight
line which commences on the southern boundary of the shores of Lake Jesup and
runs southward along the easternmost boundaryofthe Deleon Street right-of-way and
which terminates on the northern most boundary of the City of Oviedo.
***
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions . All prior
inconsistent ordinances and resolutions adopted by the City Commission, 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.
Section 8. Effective Date and Legal Status ofthe Plan Amendments. The effective
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is issued by the Florida Department of Community Affairs, or the Administration Commission
finding the Amendments in compliance with section 163.3184, Florida Statutes. No development
orders, development permits, or land use dependent on these Amendments may be issued or
. commenced before the amendments become effective. If a final order of noncompliance is issued
by the Administration Commission, the Amendments may nevertheless be made effective by
adoption of a resolution affirming its effective status. After and from the effective date of these
Amendments, the Comprehensive Plan Amendments 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
City of Winter Springs
Ordinance No. 2006- I 5
Page 3 of 4
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 22nd day of January ,2007.
ATTEST:
J7~
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
4NGSONL~
'Anthony A. Garganese, City Attorney
First Reading: October 23, 2006
Second Reading: January 22, 2007
Effective Date: See Section 8.
City of Winter Springs
Ordinance No.2006-15
Page 4 of 4