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Home My WebLink About2000 06 12 Regular I Repealing Section 20-26 of Winter Springs Code of Ordinance COMMISSION AGENDA ITEM I CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X JUNE 12, 2000 Meeting MGRM IDEPT - i>' r' ! Authorization REQUEST: The City Attorney and the City Manager request the City Commission con~ider repealing Section 7~-26 of the Winter Springs Code of Ordinances relating to zomng procedures and reqUlrmg the attendance of a Planning and Zoning Board member at a City Commission Meeting when certain zoning Ordinances are considered. PURPOSE: The purpose of this request is repeal Section 20-26 of the City Code of Ordinances which requires that a Planning Board be present at the City Commission meeting when zoning ordinances are to the considered by the commission. APPLICABLE LAW AND PUBLIC POLICY: The provisions of section 4.14 (8) of the City of Winter Springs Charter states the City Commission shall "Amend or repeal any ordinance previously adopted, except as otherwise provided in Article IX with respect to repeal of ordinances reconsidered under the referendum power". cONSIDRATIONS: After the review of Section 20-26 of the Code of Ordinances it was found to be antiquated and unnecessary given the signiticant public notice and procedural requirements contained in the Florida Statutes for zoning ordinances. IIOO(Jra.d"c REcOMMENDA TION: Staff recommends that the attached draft ordinance to repeal section 20-26 of the Code of Ordinances be forwarded to the Planning and Zoning Board for review, modifications and public hearing. The City Commission wili consider the final code changes after the proper public hearing and notice. ATTACHMENTS: Draft ordinance repealing Section 20-26 COMMISSION ACTION: 11000ra.doc {}'~~tANCE NO. 2000-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 20-26 OF THE WINTER SPRINGS CODE RELATING TO ZONING PROCEDURE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has reviewed, Section 20-26 of the City of Winter Springs Code and has found said provision to be antiquated and unnecessary given the significant public notice and procedural requirements currently contained in the Florida Statutes for zoning ordinances; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, as follows: Section 1. Recitals. The City Commission of the City of Winter Springs deems that the aforesaid recitals are true and correct and are incorporated herein by reference. Section 2. Chapter 20 Amended. City of Winter Springs Code of Ordinances, Chapter 20, Sec. 20-26, as set forth below, is hereby repealed in its entirety as follows (strikeout type indicates deletions and underlined type indicates additions): See. 20-2G. Zoning OIdinalices, altelatiol1s, c1laliges 01 amelidlilcnts. City of Winter Springs Ordinance No. 2000-19 Page I of 3 \Vhenc:,vel it is proposed by 01 to tile city cOIlInlissiolt thclt tile zO!ling O!dinances be alteled, changed 01 amended, tile city cOllllllissiol1 sllall call a public hearing on the salJ1c:, al1d give notice oftl.e tillle, date alId pUlpose tllereof, no less than fifteen (15) days pliO! to tile date ofthc hcatilIg by publisllilIg suc!. notice olIce in a newspaper of gelIelal circulatioll in such I11Ullicipality alId by posting such notice in three (3) cOlIspicuous placed tluougllout tile city, onc (1) of wllicll sI.all be the city sllall alId a copy of suc!. 1I0tice shall be deli vClcd to the plalIlIil1g and zoning boar d chaillllan 01 secr c:,tary not less than fifteen (15) day 5 pr iO! to the time of tile healing. After ser vice upon the board, the chail11lalI 01 secletaI)' sllall tllen call a meeting to coltsidcr the. proposed alteration, cllalIge 01 alllelldmmt aIlS shall thelc:,aftel alld 110t less than forty-eight (48) hOUlS priol to the scheduled healilIg submit the bOaJd's lecollll1lendations to tile city del k for use of tIle cOl11nlissiolI at tile tililc:. of the heal ing and at least one (1) desiglIated nlenlber of tIle boald sllall attend the public hcalirlg. Provided, llowc:.vc:.r, the plocedUle sc:.t forth hc:.rdnabove does 110t apply to rezoning applicatiolIs and altelatiol1s in the city' 5 colllPlehwsi ve plalI, alId thc cOlillllissiolI sllall, 011 such requests, follow thc procedurc sct forth ill r.s. ch. IGG and r.s. ell. IG3, as it now cxists or as it ruay be renumbered or aJllended. Section 2. 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 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or City of Winter Springs Ordinance No. 2000-19 Page 2 of 3 Ji t .... . , 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 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. CITY OF WINTER SPRINGS, FLORIDA PAUL P. PARTYKA, 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. 2000-19 Page 3 of 3 c ~ )> -n ... ~ bt C--l~ ~~ &-<- G{o{w (jJ~~ ~c..-\~ / ^ l -( t\,lr i-L~ -- .L~ - Recommenaat1on from P&Z regarding Section 20-26 Code. June 12, 2000 Board chairman of the City Omit the following: Hand at least one designated member of the board shall attend the public hearing.H Instead, insert the following: After the City Commission reviews the P&Z Board's recommendations found within the minutes, the Commission may ~ request a P&Z Board member to attend the public hearing if necessary for further clarification. Also, if a P&Z Board member is present at any commission meeting and feels further clarification is needed about the P&Z Board's recommendation, such Board member may be allowed to ~ -- address the City Commission on that particular item when it occurs on the Commission's agenda. The Board member's comments must reflect the wishes of the Board. Personal opinions or comments (if any) should only be made during the Public Input portion of the meeting. ,(J j}~.. ) t~~. ~. oj . tJ [/1.()UvWlf:1.-V"l I tI r/ 7-- June 12, 2000 Recommendation from P&Z Board chairman regarding Section 20-26 of the City Code. Omit the following: "and at least one designated member of the board shall attend the public hearing. II Instead, insert the following: After the City Commission reviews the P&Z Board's recommendations found within the minutes, the Commission may . request a P&Z Board member to attend the public hearing if necessary for further clarification. Also, if a P&Z Board member is present at any commission meeting and feels further clarification is needed about the P&Z Board's recommendation, such Board member may be allowed to """""--- - address the City Commission on that particular item when it occurs on the Commission's agenda. The Board member's comments must reflect the wishes of the Board. Personal opinions or comments (if any) should only be made during the Public Input portion of the meeting. " .)~~ ) ,/ :) ..--- . ?~l// /' .' 1;;/2 /~/~ / . ~~() - 7 - .-:-r] L.l0,(,!v~'" , :/ i'f-;2:--