HomeMy WebLinkAbout2000 04 10 Public Hearings A Third Reading - Ordinance 707 Zoning Regulation for New Zoning District
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
April lOp 2000
Meeting
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Authorizatio ..
REQUEST: .
The Community Development Department requests the Commission consider a third
reading of Ordinance 707 adopting the proposed Town Center District boundary and
Town Center District Code.
PURPOSE:
The purpose of this agenda item is to request the Commission consider a third reading
Of Ordinance 707 adopting the proposed Town Center District boundary and Town
Center District Code. The Code will function as the zoning regulation for the new
zoning district.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3167(II)F.S. which states "Each local government is encouraged
to articulate a vision of the future physical appearance and qualities of its community as
a component of its local comprehensive plan. The vision should be developed through a
collaborative planning process with meaningful public participation and shall be adopted
by the governing body of the jurisdiction."
CDDlMarch 29, 200013:55 PM
APRIL 10,2000
PUBLIC HEARING AGENDA ITEM A
Page 2
Policy 3c. under Objective A of the traffic Circulation Element of the City's
Comprehensive Plan which calls for the creation of a "Town Center" to serve as a
primary civic, business and service focus for the City".
In 1995, the City Commission approved the preparation ofa S.R. 434 Corridor Vision
Plan that would include a "Town Center".
CONSIDERATIONS:
· The City Commission at its June 9, 1997 meeting adopted Ordinance 661 creating a "Town
Center" Overlay Zoning District. (Ordinance 707 would repeal Ordinance 661).
. The City Commission at its September 8, 1997 meeting adopted Ordinance 676 instituting
the Town Center Overlay Zoning District regulations (Design Guidelines). The Schrimsher
land holdings were excluded pending the execution of a development agreement.
(Ordinance 707 would repeal Ordinance 676).
. On January 12, 1998 the City Commission voted to authorize the City Manager to enter into
a contract with Dover, Kohl & Partners to prepare a Town Center Concept and a design code
to implement the plan.
. Notice was sent to various interest groups and to the property owners within the proposed
Town Center District boundary inviting them to attend the various workshops and
presentations to the Commission. Notice was published in the Orlando Sentinel notifying the
public about the various workshops and presentations to the Commission.
. Several public workshops and presentations with the City Commission were held in February
and March, 1998. On February 11th, Dover, Kohl and Partners conducted a "Kick Off
presentation at City Hall, followed by two workshops "Preliminary Concepts" on February
17th and "Work in Progress" on February 20th. On March 23rd, Dover, Kohl & Partners
presented the final concept plan for the Town Center to the Commission. The Commission
approved the concept plan and directed the consultants to proceed with Step IT of the
contract, which was to prepare a "prescriptive graphic code". The major property owners
and many residents were in attendance at these functions.
. City Staff has reviewed several drafts of the prescriptive graphic code known as the "Town
Center District Code" and has recommended certain changes.
CDDlMarch 29,2000/3:55 PM
APRIL 10, 2000
PUBLIC HEARING AGENDA ITEM A
Page 3
. On October 22, 1998, Dover, Kohl & Partners presented the final draft of the Town Center
District Code to City Staff, incorporating City Staff's requested changes.
. At its November 4, 1998 meeting, the Planning and Zoning Board recommended the City
Commission approve the Town Center District Code with the suggestion that "permitted
uses' be defined and the Commission give consideration to the property owners request for
additional time.
. The City Commission at it's November 9, 1998 meeting, deferred consideration of the first
reading of Ordinance 707 adopting the proposed Town Center District boundary and Town
Center District Code until the December 14, 1998 meeting. The Commission again tabled
consideration of the first reading of Ordinance 707, December 14, 1998, January 11, 1999,
January 25, 1999, February 8,1999 and on February 22, 1999 to allow the consultant and
staff to meet with property owners to discuss proposed changes. Workshops to discuss the
suggested changes were held January 13, 1999, February 11, 1999 and
March 1, 1999.
. A first reading of Ordinance 707 was approved on March 8, 1999. The second reading was
deferred on August 23, 1999 until September 13, 1999. On September 13, 1999 a second
reading was again deferred until October 11, 1999.
. The second reading was approved on October 11, 1999 and a third reading scheduled for
October 25, 1999. The October 25, 1999 third reading was deferred until November 8, 1999.
The November 8, 1999 third reading was deferred until December 13, 1999. The December
13, 1999 third reading was deferred until February 14,2000. The February 14,2000 third
reading was deferred until March 27,2000. The March 27, 2000 third reading was deferred
until April 10, 2000.
. On November 8, 1999, the Commission authorized the City Manager to enter into a contract
with Dover, Kohl & Partners to update the Town Center. This work effort, which was
related to the wetland boundary surrounding Wetland Park, was completed on December 9,
1999.
. The proposed Town Center requires a large scale comprehensive plan amendment change to
the Future Land Use Map redesignating certain areas "Town Center". The large scale
comprehensive plan amendment has been submitted to D.C.A.
CDD/March 29, 2000/3:55 PM
APRIL 10, 2000
PUBLIC HEARING AGENDA ITEM A
Page 4
FUNDING:
The City is paying for various consultant services related to the development and
implementation of a Town Center Concept Plan from the Community Development Department
budget.
LOCAL PLANNING AGENCY RECOMMENDATION:
At it's December 2, 1998 meeting, the Planning & Zoning Board adopted the following motion:
I (Bill Fernandez) make a motion that we recommend approval of these Town Center District
Design Codes to the City Commission, based on the findings that our local government should
articulate a vision of the future physical appearance and quality in this community, that we have
received meaningful public participation at various meetings, that we do need to have an
identified Town Center. I will further indicate or add to that, that just as the Town Center
overlay zoning district regulations of September 8, 1997, Ordinance 676, was made inapplicable
to the Schrimsher property until such time as a development agreement was developed, that in
this particular case that I would recommend that the City Commission make this Town Center
District Code inapplicable to the Schrimsher property as well as the gentleman's property in the
descriptions here, the Spring Land Investment, Ltd. and Jessup Shores, Ltd. EuroAmerican
Investors group represented by Sunbelt Investors Group, Mr. AC. Leerdam, that it be
inapplicable until such time as a developer's agreement is negotiated with those parties, and or
the property is purchased by a master developer. I would note for the record, that since we are
acting in our capacity as the Local Planning Agency on a broad scale as opposed to one single
parcel, that we do not need to make the detailed findings of fact that are required when we are
dealing with a very small parcel of property. Although I have included in my motion general
findings of fact, including the presentation of all those who have come forward and spoken this
evening including Mr. Schrimsher and Mr. Leerdam as well as Mr. Michael Grindstaff, that's my
motion. Seconded by Roseanne Karr. Vote all aye.
CDDlMarch 29, 2000/3:55 PM
APRil., 10, 2000
PUBLIC HEARING AGENDA ITEM A
Page 5
STAFF RECOMMENDATION:
Staff recommends the Commission approve a third reading of Ordinance 707 establishing the
Town Center District Code and Town Center District Boundary.
ATTACHMENTS:
A. Town Center District Code (revised February, 2000) - copy provided with
Agenda item on February 14,2000
B. Ordinance No. 707
C. Ordinance No. 661 to be repealed
D. Ordinance No. 676 to be repealed
E. Advertisement for February 14,2000
COMMISSION ACTION:
CDDlMarch 29,2000/3:55 PM
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ATTACHMENT A
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COPY OF THE TOWN CENTER DISTRICT CODE PROVIDED WITH
THE AGENDA ITEM ON FEBRUARY 14, 2000.
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ATIACHMENT B
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ORDINANCE NO. 707
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA ESTABLISIllNG THE
"TOWN CENTER" ZONING DISTRICT
CODE TO BECOME PART OF CHAPTER 20
OF THE CODE OF ORDINANCES OF THE
CITY OF WINTER SPRINGS; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE
DATE.
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WHEREAS, 163.3167(11), Florida Statutes, encourages local
governments to articulate a vision of the future physical appearance and
qualities of its community. . . ";
WHEREAS, the City, in accordance with 163.3167(11) Florida Statutes
has developed a collaborative planning process with meaningful public
participation in the development of the concept and design code for the Town
Center Zoning District;
WI-IEREAS, the Planning and Zoning BoardILocal Planning Agency
has reviewed the concept and design code for the Town Center Zoning District
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and has recommended to the City Commission adoption of same;
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NOW, THEREFORE, BE IT ORDAlNED that the City
Commission of the City of Winter Springs, Florida., hereby adopts the Town
Center (Zoning) District Code and establishes the Town Center District
boundaries which will to become part of Chapter 20 of the Code of Ordinances
of the City of Winter Springs. The Town Center District boundaries are as
illustrated on the map below:
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I A. Town Center Distric( Bouodary Map I
. DIarDZI Dislricl Boundary :
- - COUl\cy Enclaves (nOl.in city) :
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SECTION I
REPEAL.
This docUl11ent repeals the Town Center Overlay Zarung District
Regulations of September 8, 1997 (Ordinance 676). Should ariy conflict arise
between the provisions of this Code and other local land development
regulations for the city of Winter Springs, the provisions of this Code shall
apply.
SECTION II
SEVERABILITY.
If any provision or portion of this Ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this Ordinance shall remain in full force
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and effect.
SECTION III
EFFECTIVE DATE.
This Ordinance shall immediately take effect upon adoption, with a
quorum present and voting, by the City Commission of the City of
Winter Springs, Florida, this _ day of
, 1999.
PAUL P. PARTYKA, MAYOR
CrTY OF WINTER SPRINGS
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ATTEST:
ANDREA LORENZO-LUACES
CITY CLERK
FIRST READING March 8, 1999
POSTED March 9, 1999
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SECOND READING AND PUBLIC HEARING October 11. 1999
THIRD READING AND ADOPTION
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ATTACHMENT C
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ORDlNANCE NO. 661
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA
CREATING A TOWN CENTER OVE.RLAY ZONING
DISTRICT IN ACCORDANCE WITH THE CITY'S
ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, 163.3167(11), Florida Statutes, encourages local
governments to articulated a vision of the future physical
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appearance and qualities of its community.
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WHEREAS, Policy 3c under Objective A
of the Traffic
Circulation Element of the City's Comprehensive Plan calls for
the creation of a "Town Center" to serve as a primary civic,
business and service focus for the City;
WHEREAS, the City, in accordance with 163.3167(11) F.S.
has developed a collaborative planning process' with meaningful
public participation in the development of the concept and
design guidelines of the Town Center Overlay Zoning District;
WHEREAS,
the Planning and Zoning Board/Local Planning
Agency has reviewed the concept and design guidelines for the
Town Center Overlay Zoning District and has recommended to the
City Commission adoption of same;
NOW, T[.{ EH,EFOH.E, 13 E IT OHD^ IN ED tl1a t the C i. ty
c (1 Il\ III i :; s i 0 1\ 0 r L" c C i, L Y 0 r \.J i. n t e I~ S P c- i, n CJ s, F I. 0 l~ i (1,), C I~ eat est h e
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Town Center Overlay Zoning District to include the following
described properties:
IN PLAT BOOK 1 PAGE 5: BLOCK A;
PARCELS 2,J,4,5,6,7,8
IN PLAT BOOK 1 PAGE 5: BLOC~ C;
PARCELS 1,2
IN PLAT BOOK 1 PAGE 5: BLOCK B; PARCELS
14,18,18.A,20.0,20.A,19,24.0,24.A,
24.B,26.0,26.A,26.B,26.C,26,27,28,29,
JO,U.O,U.l,U.J,8.0,5.0,4.0,3.0,1.08.A,8B,
8.C,8.D,8.E
IN DEED BOOK 147 PAGE 221: PARCELS
1.0,1.A,l.B,2,J,4,5,6,6.A,7.0,8.0,9.0,9.A
SECTION I
SEVERABILITY.
If any provision or portion of this Ordinance is declared
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by any court of competent jurisdiction to be void,
unconstitutional, or unenforceable, then all remaining
provisions and portions of this Ordinance shall remain in full
force and effect.
SECTION II
EFFECTIVE DATE.
This Ordinance shall immediately take effect upon
adoption, with a quorum present and voting, by the City
Commission of the City of Winter Springs, Florida, this
2Jrd day of October, 1995.
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ATTEST:
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MAR HOPK f CITY CLERK
CITY OF WINTER SPRINGS
PAUL PARTYKA, ~~Y
CITY OF WINTER SPRINGS
FIRST READING 5 -/9-97
POSTED 5 -;).,0 - ~?
SECOND READING AND PUBLIC HEARING fo - 9 - 97
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ATTACHMENT D
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ORDINANCE NO. 676
AN ORDINANCE OF THE CITY ,COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA
ESTABLISHING THE STATE ROAD 434 CORRIDOR
VISION PLAN "TOWN CENTER" OVERLAY ZONING
DISTRICT REGULATIONS TO BECOME PART OF
CHAPTER 20 OF THE CODE OF ORDINANCES OF
THE CITY OF WINTER SPRINGS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, 163.3167(11), Florida Statutes, encourages local
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governments to articulated a vision of the future physical
appearance and qualities of its community.
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WHEREAS, the City, in accordance with 163.3167(11) F.S.
has developed a collaborative planning process with meaningful
public participation in the development of the concept and
design guidelines of the S.R. 434 Corridor Vision Plan Town
Center Overlay Zoning District;
WHEREAS,
the Planning and Zoning Board/Local Planning
Agency has reviewed the concept and design guidelines for the
Town Center Overlay Zoning District and has recommended to the
City Commission adoption of same;
NOW, THEREFORE, BE IT ORDAINED that the City
Commission of the City of Winter- Spr-ings, Florida, institutes
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l:.he "Town Cenl:.cc" COl~c.i.dor Ovccl.ay Zoning [)i.strlcl:. Regulations
l:o becol11e: d p;II~L of' Cll;.\ptel~ /.() or Lllc Code or Occ!il1dnccs of
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the City of \'Jinter Springs, and that shall apply to the
following properties:
IN PLAT BOOK 1 PAGE 5:
PARCELS 2,3,4,5,6,7,8
BLOCK A
IN PLAT BOOK 1 PAGE 5:
PARCELS 1,2
BLOCK C;
IN PLAT BOOK 1 PAGE 5: BLOCK B; PARCELS
14,18,18.A,20.0,20.A,19,24.0,24.A,
24.B,26.0,26.A,26.B,26.C,26,27,28,29,
JO,U.O,U.1,U.J,8.0,5.0,4.0,J.O,1.O,8.A,8.B,
8.C,8.D,8.E
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IN DEED BOOK 147 PAGE 221: PARCELS
1.0,1.A,1.B,2,J,4,5,6,6.A,7.0,8.0,9.0,9.A
SECTION I
SEVERABILITY.
If any provision or portion of this Ordinance is declared
by any court of competent jurisdiction to be void,
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unconstitutional, or unenforceable, then all rema~n~ng
provisions and portions of this Ordinance shall remain in full
force and effect.
SECTION II
EFFECTIVE DATE.
This Ordinance shall immediately take effect upon
adoption, with a quorum present and voting, by the City
Commission of the City of winter Springs, Florida, this
8th day of September, 1997.
PAUL P. PARTYKA, MAYOR
CITY Of WINTER SPRING
ATTEST:
f"1AltCO 110l)I<INS, CITY CLEfU<
CITY OF \.JfN'n:H ~;I'ru1'J(;:;
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fIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
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,.-loRL-\. OF PROPOS:::'D \'fLLACc. .-'
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ATTACHMENT E
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NOTICE OF NEW ZONING DISTRICT REGULATIONS
TOWN CENTER
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NOTICE IS HEREI3Y GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS WILL HOLD A THIRD READING ON PROPOSED ORDINANCE 707 TO CONSID-
ER ADOPTING THE PROPOSED TOWN CENTER:ZONING DISTRICT REGULATIONS (aka
TOWN CENTER DISTRICT CODE) THAT WOULD APPLY TO THE AREA (MINUS THE
AREA WITHIN TI-IE I3ROKEN LINES) OF THE PROPERTIES INDICATED, IN THE MAP
BELOW.
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THIS PUBLIC HEARING FOR THE THIRD READING OF ORDINANCE 707 CONCERN-
ING ADOPTION OF THE PROPOSED TOWN CENTER DISTRICT DESIGN CODE WILL
BE HELD ON FEBRUARY 14, 2000 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL.
THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS
AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PER-
SONS MAY ATIEND AND BE HEARD.
THE COMMISSION DIRECTED DOVER, KOHL & PARTNERS TO RECONFIGURE THE
WETLAND AREA EAST OF TUSKAWILLA ROAD.
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ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED
FROM THOMAS GRIMMS. AICP AT THE COMMUNITY DEVELOPMENT DEPART-
MENT - PLANNING DIVISION, AT CITY HALL, 1126 EAST STATE ROAD 434. WINTER
SPRINGS. FLORIDA, FOR MORE [NFORMATlON CALL 327-1800 # 303.
PERSONS WITH DISAI3IL1T1ES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF
THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPART-
MENT COORDINATOR 48 l'fOURS IN ADVANCE OFTHE MEETING AT (407) 327-1800 #
236
THIS [S A PUIJLlC IIEAIUNG, IF YOU DECIDE TO APPEAL ANY RECOMMENDATION
OR DECISION MADE flY TIlE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDEIU,D AT THIS MI:ETING, YOU WILL NEED A RECORD OF TilE PROCEED-
INGS, AND, FOR SUCH PUIZI'OSES, YOU MAY NEED TO ENSURE THAT A VERI3ATIM,
IZECOIW OF TilE PIZOCl:EDINGS IS MADE UPON WHICH THE APPEAL IS TO BE
BASED.
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ANDREA L_OIU: ZO-LU/\CES
CITY CLEI! K
Date: 04102000
The following Document was given out by
Anthoney Garganese at the 4/10/00 City
Commission Meeting.
(Part of Item A Public Hearing)
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ORDINANCE NO. 707
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING
AND ADOPTING THE "TOWN CENTER" DISTRICT CODE;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCORPORATION INTO
THE CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, section 163.3167(11), Florida Statutes, encourages local governments to
articulate a vision of the future physical appearances and qualities of its community; and
WHEREAS, pursuant to City of Winter Springs Ordinance No. 2000-10, the City
Commission of Winter Springs adopted a comprehensive plan amendment which set forth goals,
objectives, and policies for purposes of establishing a Town Center within the City of Winter Springs,
Florida ("hereinafter collectively referred as "Town Center Goal"); and
WHEREAS, Ordinance No. 2000-10 also designated certain real property "Town Center"
on the Future Land Use Map of the City of Winter Springs at which the Town Center Goal will be
implemented by the City in conjunction with private property owners and developers; and
WHEREAS, the Town Center Goal states that the City of Winter Springs seeks to create a
Town Center, based upon traditional design standards for development, that will become the
identifYing focus of the City's downtown; and
WHEREAS, the Town Center Goal also states that the City will create innovative land
development regulations to encourage a mixed use higher density/intensity neo-traditional Town
Center; and
WHEREAS, the City Commission hereby finds that it desires to create a Town Center and
seeks to do so by further implementing the Town Center Goal through the adoption of creative
innovative land development regulations and architectural design requirements as set forth in the
Town Center District Code set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs previously retained the
services of several planning consultants, consisting of Dover, Kohl & Partners, Gibbs Planning Group,
Inc., and Michael Design Associates, Inc., to study and recommend a master plan for the development
of a Town Center within the City of Winter Springs; and
WHEREAS, the planning consultants developed a written Winter Springs' Town Center
City of Winter Springs
Ordinance No. 707
Page 1 of 4
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Master Plan, dated March 23, 1998 ("Town Center Master Plan"); and
WHEREAS, in addition, the Gibbs Planning Group prepared a Commercial Planning Study
for the proposed Town Center, dated March 23, 1998 ("Town Center Commercial Study"); and
WHEREAS, the City Commission of the City of Winter Springs hereby adopts the findings
and conclusions contained in the Town Center Master Plan and the Town Center Commercial Study
by this reference for purposes of supporting and justifying the Town Center District Code adopted
pursuant to this Ordinance; and
WHEREAS, the City Commission also finds that the City does not currently have a Town
Center to which the citizens of Winter Springs and Seminole County can congregate for a variety of
family and community oriented activities and recreation; and
WHEREAS, the City Commission further finds that a Town Center will create a stronger
sense of community in the City of Winter Springs and that the Town Center will serve to satisfy an
important and vital City need for creating more public places where people can congregate for
community and family oriented activities and recreation; and
WHEREAS, the City Commission hereby also finds this Ordinance and the Town Center
District Code are consistent with the Town Center Goal and the Comprehensive Plan of the City of
Winter Springs; and
WHEREAS, the City of Winter Springs Planning and Zoning Board and Land Planning
Agency have reviewed this Ordinance and have recommended that the City Commission adopt it; and
WHEREAS, after due public notice of the adoption of this Ordinance, and after numerous
public hearings on the Town Center District Code at which the City Commission considered findings
and advice of City Statt: citizens, and all interested parties submitting written and oral comments and
supporting data and analysis, and after complete deliberation, the City Commission hereby finds that
this Ordinance and the implementation of the Town Center Goal through the enactment of this
Ordinance is in the best interests of the public health, safety, morals, and welfare of the citizens of
Winter Springs, Florida and Seminole County and that this Ordinance serves a legitimate government
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Winter Springs Town Center District Code Adopted. The City Commission of
the City ofWmter Springs, Florida hereby adopts the Town Center District Code attached hereto as
Exlnbit "A" and fully incorporated herein in its entirety by this reference. The Town Center District
Code shall be codified as Article VI. Town Center District Code in Chapter 20, Zoning, of the
City of Winter Springs
Ordinance No. 707
Page 2 of 4
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Winter Springs Code of Ordinances.
Section 2. Town Center Zoning Designation. The zoning designation of the real property and
parcels of land which are located within the City of Winter Springs, Florida, and within the Town
Center District boundary, as depicted on Exhibit "B," are hereby re-designated as "Town Center" on
the Winter Springs Official Zoning Map and are hereby subject to the Town Center District Code and
any future amendments or modifications thereto. Exhibit "B" is attached hereto and fully
incorporated herein by this reference.
Section 3. Repeal of Town Center Overlay Zoning District Regulations. The Town Center
Overlay Zoning Regulations adopted by the City Commission on September 8, 1997 by Ordinance
No. 676 are hereby repealed in their entirety. The Town Center Overlay Zoning Regulations are set
out in full in Exhibit "C," and are fully incorporated herein by this reference for purposes of
identifying the provisions which are repealed by this Ordinance.
Section 4. Conflicts. Should any conflict arise between the provisions of the Town Center
District Code and other regulations of the City of Winter Springs, the provisions of the Town Center
District Code shall apply.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Code of
Ordinance of the City of Winter Springs and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 6. Severability. Ifany 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. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADO PTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2000.
Paul P. Partyka, Mayor
ATTEST:
City of Winter Springs
Ordinance No. 707
Page 3 of 4
r.,.
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: March 8, 1999
Second Reading and Public Hearing: October 11, Jl.999
Third Reading: April 10, 2000
Fourth Reading and Adoption:
City of Winter Springs
Ordinance No. 707
Page 4 of 4
ORDINANCE NO. 2000-10
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING AND
THE CREATION OF THE TOWN CENTER; SETTING FORTH AND
ADOPTING A COMPREHENSIVE PLAN TEXT AMENDMENT
REFERENCED AS LG-CPA-I-99 WHICH SHALL AMEND THE
COMPREHENSIVE PLAN BY ADDING GOALS, OBJECTIVES, AN
POLICIES RELATING TO THE CREATION OF THE CITY OF WINTER
SPRINGS TOWN CENTER; PROVIDING FOR THE AMENDMENT OF
THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL
PROPERTY LOCATED GENERALLY AT AND AROUND THE
INTERSECTION OF TUSKAWILLA ROAD AND STATE ROAD 434 AND
LEGALLY DESCRmED HEREIN AS "TOWN CENTER"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE COMPREHENSIVE PLAN; AND
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENTS.
WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) 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, section 163.3167(11), Florida Statutes, encourages local governments to
articulate a vision of the future physical appearances and qualities of its community; and
WHEREAS, the City Commission of the City of Winter Springs previously retained the
services of several planning consultants, consisting of Dover, Kohl & Partners, Gibbs Planning Group,
Inc., and Michael Design Associates, Inc., to study and recommend a master plan for the development
of a Town Center within the City of Winter Springs; and
WHEREAS, the planning consultants developed a written Winter Springs' Town Center
Master Plan, dated March 23, 1998 ("Town Center Master Plan"); and
WHEREAS, in addition, the Gibbs Planning Group prepared a Commercial Planning Study
for the proposed Town Center, dated March 23, 1998 ("Town Center Commercial Study"); and
WHEREAS, the City Commission of the City of Winter Springs hereby adopts the findings
and conclusions contained in the Town Center Master Plan and the Town Center Commercial Study
by this reference for purposes of supporting and justifYing the Town Center Comprehensive Plan
goals, objectives, and policies and future land use amendments adopted pursuant to this Ordinance;
and
WHEREAS, the City Commission also finds that the City does not currently have a Town
Center to which the citizens of Winter Springs and Seminole County can congregate for a variety of
family and community oriented activities and recreation; and
WHEREAS, the City Commission further finds that a Town Center will create a stronger
sense of community in the City of Winter Springs and that the Town Center will serve to satisfY an
important and vital City need for creating more public places where people can congregate for
community and family oriented activities and recreation; and
WHEREAS, pursuant to, and in furtherance of, section 163.3167(11), Florida Statutes, the
City Commission of the City of Winter Springs, through a collaborative planning process with
meaningful public participation, desires to create a Town Center by adopting the comprehensive plan
policies, goals, and objectives and future land use map amendments stated herein (LG-CP A-I-99)
which are intended to create a blue print by which the City of Winter Springs and private land owners
and developers will create a Town Center; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in chapter 163, part II, 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, on January 4, 2000, the City Commission of the City of Winter Springs held a
duly noticed public hearing on the proposed Comprehensive Plan amendment and considered findings
and advice of staff: citizens, and all interested parties submitting written and oral comments, and after
complete deliberation, approved the amendment for transmittal to the Florida Department of
Community Affairs; and
WHEREAS, on March 16,2000, the Florida Department of Community Affairs issued its
Objections, Recommendations, and Comments Report ("ORC Report") to the City and made
recommendations to bring the subject Comprehensive Plan amendments in compliance with Rule 9J-
5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; and
WHEREAS, the City Commission has evaluated the ORC Report and has accepted the
recommendations contained therein by making the necessary modifications to the Comprehensive Plan
amendments originally transmitted to the Florida Department of Community Affairs in order to bring
the amendments in compliance with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part
II, Florida Statutes; and
WHEREAS, pursuant to section 9J-ll.006, Florida Administrative Code, this
Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance
for comprehensive plan amendments; and
WHEREAS, on April 24, 2000, the City Commission of the City of Winter Springs held a
City of Winter Springs
Ordinance No.2000-1 0
Page 2 of 8
duly noticed public adoption hearing on the proposed amendments 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, as well as the Objections, Recommendations, and Comments of the
Florida Department of Community Affairs, and after complete deliberation, approved and adopted
the proposed Comprehensive Plan amendments set forth hereunder; 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 and serve a legitimate governmental interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals.
herein by this reference.
The foregoing recitals are true and correct and are fully incorporated
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act, sections
163.184 and 163.187, 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 Text Amendment to Comprehensive Plan. The City of Winter
Springs' Comprehensive Plan, Future land Use Element, shall hereby be amended to include the
following Goal, Objectives, and Policies regarding the Town Center:
GOAL
The City of Winter Springs seeks to create a Town Center. based upon traditional design
standards for development. that will become the identuymg focus of the City's downtown. The
primaty and fundamental pw:pose ofthe Town Center shall be a place where people can reside in a
mix of single and multiple family dwellings. and also gather to shop. relax. recreate. be entertained.
attend community events. and enioy the natural beauty of lands located in the Town Center. The
Town Center should be created through public and private investment and development.
OBJECTIVE
Al The Town Center should be located in close proximity to existing public facilities such
as the City Hall. Winter Springs High School. Central Winds Community Park. and
U.S. Post Office. The Town Center should be a compact area centered around the
City of Winter Springs
Ordinance No.2000-1 0
Page 3 of 8
intersection S.R. 434 and Tuskawilla Road. as depicted on the City's Future Land
Use Map.
POLICIES
D From time to time. the City Commission may revise the Future land Use Map
to designate land "Town Center" consistent with this Objective.
2} The City should maintain a leadership position to protect the integrity of the
Town Center and promote public and private investment and growth therein.
n From time to time. the City Commission may adopt appropriate transportation
maps to identifY future roads and traffic patterns related to the Town Center
that assure best routes through land while attempting to maximize
development potential and opportunities consistent with the Town Center
Goal. The tinallocation of future Town Center roads will be determined by
the City during the development permit procedure.
~ The City Commission may enter into a public/private partnership arrangement
with property owners or a developer to develop the Town Center.
2 To the extent financial resources are available. public money should be spent
as a catalyst to encourage private investment within the Town Center. In
coordination with private development. the City may undertake capital
improvements for public infrastructure (e.g.. sewer. water. roads. parks.
stormwater) to enhance or assist private development to achieve the Town
Center Goal.
Q). To the extent financially feasible. the City should encourage private
investment in the Town Center by enacting policies to provide economic
incentives to private developers building within the Town Center. provided
such development is consistent with the Town Center Goal. To the extent
allowed by law. incentives may include. but not be limited to waiving permit.
impact. and other City fees: providing impact fee credits: subsidizing loans:
reserving infrastructure capacity: improving right-of-ways: providing public
infrastructure: streamlining permit processing: providing free and pre-
approved designs.
7J. All proposed developments within the Town Center shall be subject to review
by the Development Review Committee (DRC). The DRC shall have
authority. within development review criteria established by the City
Commission. to approve all aspects of site planning and exterior architecture
within Town Center. including aesthetic appropriateness. environmental
implications. traffic impacts. and any other site-specific matters related to
City of Winter Springs
Ordinance No.2000- I 0
Page 4 of 8
development.
OBJECTIVE
III Promote and enhance the development of the Town Center by allowing a mixed-use
higher density/intensity neo-traditional urban pattern.
Policies
11 Create innovative land development regulations to encourage a mixed-use
higher density/intensity neo-traditional Town Center. utilizing. to the extent
practical. the fundamentals and urban design concepts in the Town Center
Master Plan:
· Urbanity and high density.
· Walkable community.
· Predictability in design/flexibility in land uses.
· Visibly different section of State Road 434.
· Important sites for special public places.
· Preserve and connect the natural environment with a "green network"
of parks and open spaces.
· Network of connected streets and blocks.
· Special public spaces of defined character.
· Special sites for civic buildings.
2} Promote and permit a variety of places to gather. shop. relax. recreate and
enioy the natural beauty of the Town Center. Sites for public spaces will be
chosen because of their uniqueness or existing physical features.
n Promote and develop a network of public green spaces such as parks. squares.
preserves. and open ~aces that form the framework for the Town Center. and
in doing so. promote and develop connectivity of natural features for habitat.
continuity and sustainability. scenic vistas. and trail systems. Parks may
include both passive and active parks.
1} Through the enactment of creative and flexible land development regulations.
permit a variety of mixed-uses consistent. compatible. and in harmony with
the Town Center Goal. including single family residential. multiple family
residential. commercial retail and services. public services and buildings.
parks. and schools.
~ Wetlands will be preserved as conservation preserve areas. parks. squares. and
trails. To the extent feasible. these areas shall be connected to promote the
natural drainage and ecological viability of the Town Center and to further
City of Winter Springs
Ordinance No.2000-1 0
Page 5 of 8
uphold the City's designation as a "Tree City U.S.A." Jurisdictional wetlands
located within the Town Center shall be designated Conservation on the
Future Land Use Map and shall be subiect to the Goals. Objectives. and
Policies of the Conservation Element of the City's Comprehensive Plan.
Q} High residential density shall be permitted in the Town Center through the
adoption of land development regulations. but such density shall not exceed
thirty-nine (39) units per acre.
n High density and intense commercial development shall be allowed in the
Town Center through the adoption ofland development regulations. but such
density and intensity shall not exceed a floor area ratio of six (6.0) and a
building height of sixty-five (65) feet.
ID The City shall create a minimum mix of land uses in the Town Center as
follows: a) Retail = 40% to 80%: b) Commercial Office = 0% to 20%: and
c) Residential = 10% to 50%.
C) Establish an area wide stormwater master plan for the Town Center
Policies
I) The City shall coordinate the development of an area wide stormwater master
plan for the Town Center by FY 2001-2002.
2) The City should design and approve a stormwater master plan for the Town
Center in order to free up land in the Town Center for private development.
The Plan should respond to existing runoff concerns. and improve water
quality through a system-wide approach. The Plan should also shorten the
approval process to save developers time and money. provided the
development is consistent with the Town Center goal. Retention ponds shall
be designed to enhance neighborhood edges and aesthetics and to provide
buffering when appropriate.
3) Any stormwater master plan for the Town Center shall be consistent with and
complementary to the goals, obiectives and policies found in the Stormwater
and Natural Groundwater Aquifer Recharge Sub-element of the Infrastructure
Element of the City's Comprehensive Plan.
Section 5. 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 I as "Town Center." Exhibit I is attached hereto and fully
incorporated herein by this reference. Any real property with a conservation future land use
designation depicted on the City or County Future Land Use Map on the effective date of this
City of Winter Springs
Ordinance No.2000-1 0
Page 6 of 8
,.
Ordinance shall maintain its "Conservation" designation.
Section 6. Transmittal to the Department of Community Affairs. TheCityManagerorhis
designee is hereby designated to s~gn a letter transmitting these adopted Comprehensive Plan
Amendments to the Florida Department of Community Affairs, in accordance with section
163.3187(1)(c)(4), Florida Statutes, and section 9J-l1, Florida Administrative Code.
Section 7. 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 ofthe conflict.
Section 8. 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 9. 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 10. 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 it has 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
affmning 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 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 24 day of April, 2000.
Paul P. Partyka, Mayor
City of Winter Springs
Ordinance No.2000-1 0
Page 7 of 8
A TrEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
Transmittal Hearing: January 4, 2000
Adoption Hearing: April 24, 2000
City of Winter Springs
Ordinance No.2000-1 0
Page 8 of 8
EXHIBIT 1
"TOWN CENTER"
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- - County Enclaves (not in city)
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ORDINANCE NO. 2000-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROPOSING TO
ANNEX REAL PROPERTY CONSTITUTING AN ENCLAVE
AND GENERALLY DESCRIBED AS A TWENTY-NINE (29)
ACRE PORTION OF THE L. D. PLANTE PROPERTY
LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND
ON TIlE WEST SIDE OF TUSKA WILLA ROAD, SOUTH OF
MILKY WAY ROAD AND MORE PARTICULARLY
DESCRIBED IN EXHffiIT "A" AITACHED HERETO;
PROVIDING FOR THE AMENDMENT OF WINTER
SPRINGS CHARTER, ARTICLE II, BOUNDARIES; TO
INCORPORATE THE REAL PROPERTY INTO THE CITY
BOUNDARIES; PROVIDING FOR THE FILING OF THE
REVISED WINTER SPRINGS CHARTER WITH THE
DEPARTMENT OF STATE UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission has previously expressed its interest in annexing the
subject property [ref. 8-14-95 City Commission meeting]; and
WHEREAS, Pursuant to Section 171.046(1), Florida Statutes, the Florida Legislative has
recognized that enclaves can create significant problems in planning, growth management, and
service delivery, and has declared that it is the policy of the State to eliminate enclaves; and
WHEREAS, this annexation shall be pursuant to the annexation procedures contained in
Section 171. 0413, Florida Statutes; and
WHEREAS, the City Commission has determined that the subject real property is
reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not
create an enclave; and
WHEREAS, this Ordinance proposes to annex an existing enclave into the municipal
boundaries of the City of Winter Springs, Florida; and
WHEREAS, this annexation is in compliance and consistent with the goals and objectives
City of Winter Springs
Ordinance No. 2000-08
1
~
,.
of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and
WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section
171.0413, Florida Statutes, the City Commission hereby finds that the total area annexed by the
City of Winter Springs during the calendar year 2000 shall not exceed 5 percent of the total land
area of the City of Winter Springs or exceed more than 5 percent of the population of the City of
Winter Springs; and
WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section
171.0413, Florida Statutes, the municipal boundary lines of the City of Winter Springs, contained
in Winter Springs Charter, Article II, shall be redefined to include the subject real property; and
WHEREAS, the City Commission of the City of Winter Springs, Florida hereby finds that
this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WINTER SPRINGS, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Annexation of Real Property. The area of real property, which is more
particularly described in the metes and bounds legal description and map attached hereto as Exhibit
"A", (is hereby annexed by the City Commission. Exhibit" A" is hereby fully incorporated herein
by this reference.
Section 2. City Boundaries Redefmed; Winter Springs Charter Amended. Pursuant to
Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes, the City of Winter
Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate
boundaries of the City of Winter Springs to include the area of real property described in Section
1 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II,
Section 2.01, with the Department of State within thirty (30) days upon said approval.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and
resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the
extent of the conflict.
Section 4. Severability. Should any section or provision of this Ordinance, or any portion
hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
City of Winter Springs
Ordinance No. 2000-08
2
4.
-r
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2000.
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
A pproved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
City of Winter Springs
Ordinance No. 2000-08
3