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HomeMy WebLinkAbout2000 07 03 Public Hearings A Second Reading - Ordinance 2000-21 Rescind Ordinance 758 COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular July 3, 2000 Meeting Mgr. / Authorizatio , REQUEST: The Community Development Department - Planning Division requests the City Commission hold a second public hearing on Ordinance 2000-21 to rescind Ordinance 758, adopted on May 8, 2000 establishing three (3) policy statements in the comprehensive plan involving preservation of historic and environmentally sensitive resources. PURPOSE: The purpose of this Agenda Item is to rescind three (3) policy statements adopted on May 8, 2000 and transmitted to the Department of Community Affairs (DCA) on May 9, 2000 as a large scale comprehensive plan amendment (DCA #00-2). The Town Center plan amendment (Ord. 2000-10) and the Public Schools Facilities Location plan amendment (Ord. 2000-09) were adopted on a different date on April 24, 2000. Therefore, DCA views the submittal as a second submission even though they were all transmitted on the same date, May 9, 2000, via Federal Express Service. Rescinding Ord. 758 will reopen the second "window" for submission in calendar year 2000. Failure to act will negate the opportunities for a second plan amendment normally filed in August. APPLICABLE LAW AND PUBLlC POLICY: The provisions of 163.3184(3)(b) F.S. which states in part: .... ."Local governing bodies shall consolidate all proposed plan amendments into a single submission for each of the two plan amendment adoption dates during the calendar year pursuant to 163.3187 F. S." CDD/June 28, 2000/10:12 AM July 3, 2000 PUBLIC HEARING AGENDA ITEM A Page 2 The provisions of9J-l1.006(1) F.A.C. which states in part: ".. . .Proposed plan amendments, except those discussed under the exemption provisions of Rule 9J-l1.006(1 )(a) F.A.C., below, shall be consolidated into a single submission for each of the two plan amendments adoption times during the calendar year. . . ." CONSIDERA TIONS: II) The Town Center plan amendment [ LG-CP A-I-99 ; Ord. 2000-10 ] and the Public Schools Facilities Location [ LG-CP A-4-99; Ord. 2000-09 ] plan amendment were adopted on April 24, 2000. e The City Commission adopted Ordinance 758 involving three (3) policy statements (LG- CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) dealing with land conservation and resource protection on May 8,2000. G DCA staff was advised that adoption ofOrd. 758 involving three (3) policy statements was delayed until May 8, 2000 and would not be adopted simultaneously with the Town Center plan amendment and the Public Schools Facilities Location plan amendment. . DCA informed the City that all three amendments would be considered as a single submittal package if they were filed with DCA on the same date. ~ The Town Center plan amendment, Public Schools Facilities Location plan amendment and the three (3) policy statements dealing with land conservation and resource protection were mailed via Federal Express Service on May 9, 2000. o On June 12,2000, DCA advised in writing that since the amendments were adopted on different dates, the State will view the submittal as two submittals, thereby using the City's second "window" submittal opportunity scheduled for August, 2000. It On June 26, 2000 the Commission approved a first reading of Ordinance 2000-21. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing to consider for a second reading of Ordinance 2000-21 to rescind Ordinance 758 that adopted three (3) policy statements transmitted CDD/June 28, 2000/10:12 AM July 3, 2000 PUBLIC HEARING AGENDA ITEM A Page 3 as an adopted large scale comprehensive plan amendment (DCA #00-2) to the Florida Department of Community Affairs. Rescinding this plan amendment (DCA #00-2) would reopen the second "window" of submission for the year, thus allowing additional plan amendments to be adopted later in calendar year 2000. ATTACHMENTS: A. Ordinance 2000--21 B. Ordinance 758 C. Letter dated June 8, 2000 to Thomas Grimms, AICP from Charles Gauthier, AICP, Chief, Bureau of Local Planning, Florida Department of community Affairs. COMMISSION ACTION: CDD/June 28, 2000/10:12 AM . ATTACHMENT A . . ORDINANCE 2000-21 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RESCINDING THE ADOPTION OF ORDINANCE 758, ADOPTED ON MAY 8, 2000, THAT RELATED TO COl\1PREHENSIVE PLANNING, SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG-CP A-2-98, LG-CP A-3-98, AND LG-CP A- 4-98 WHICH WOULD HA VE AMENDED THE COMPREHENSIVE PLAN BY ADDING THREE (3) POLICY STATEMENTS RELATING TO LAND CONSERVATION AND RESOURCE PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Community Affairs (DCA) has infonned the City by letter dated June 8, 2000 to Thomas Grimms, AICP from Charles R. Gauthier, AICP, Chief, Bureau of Local Planning, that it is the view of DCA that the City has exhausted its two adopted amendment cycles for the calendar year 2000 through the separate adoption dates of Ordinance 2000-10 (on Aplil24, 2000) and Ordinance 758 (on May 8, 2000). WHEREAS, The City of Winter Springs desires to retain open the second City of Winter Springs Ordinancc No. 2000-2\ Pagc I of 3 "window" of the two adopted amendment cycles per calendar year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1- Redtals: The foregoing recitals are tme and correct and are fully incorporated herein by this reference. Section 2 - Purpose and Intent: It is hereby declared to be the purpose and intent of tins Ordinance to rescind adopted Ordinance 758 to reopen the second "window" of the two adopted amendment cycles for the calendar year 2000. Section 3 - Repeal of Prior Inconsistent Ordinances and Resolutions: Ordinance No. 758 is hereby repealed in its entirety and shall not be given any force and effect. Section 4 - Severability: If any section, subsection sentence, clause, phrase, word or provision of tIns ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any otI1er 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. City of Winter Springs Ordinance No. 2000-21 Page 2 of 3 . Section 5 - Effective Date: The effective date of this Ordinance shall be the date this Ordinance is adopted by the City Commission of Winter Springs, Florida. p '%.. PAUL . PARTYKA, OR CITY OF WINTER SP '- GS July ,2000 REVIEWED AS TO LEGAL FORM: AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. THONY GARGA CITY ATTORNEY ATTEST: ( 1 ST READING June 26, 2000 POSTED June 27, 2000 2ND READING AND PUBLIC HEARING July 3, 2000 City of Winter Springs Ordinance No. 2000-21 Page 3 of 3 ATTACHMENT B ) ) - G:: - _-::~:("'II::. -.j 7 ..oi : :-;:.0; 1 .~ :~,c.: f:: ~ :. ~ ,. , - . . 0 ':.,.:' I t:>,,:.'.:;'~l:.'. .'.: , .j Of<.DG'i.\'~CC NO. is;} A~ ORD][NANCE OF THE CITY OF WTNTKR SPR.D\GS, SEMINOLE COUNTY, fLORLDA, RELA 1lJ'iG TO COMTRfHENSIVT PLAI'fl';,(NG; SETTING FORTE AND ADOPTING THREE (3) LARGE SCALE CO!VIPRERENSrvE PLAN TEXT AMIJ~DlV1ENTS REFERENCED AS LG- CPA-Z-98, LG-CPA-3-98, AND LG-CPA-4--98 WHICH SHALL AMEND THE COMPRJ~HENSrv""E PLAN BY ADDING THREE POLlCY ST A TEME~TS RELA TI:NG TO L\.J'\l) CONSERVA nON Ai"ID RESOURCE PROTECTION; PROVIDING FOR THE R..SPI~AL OF PillOR L"lCONSISTENT ORDINA1'iCES AND RESOLl.TTIONS; PROVIDrNG FOR SEVERABfLITY; PROVIDING fOR lNCORPORA TION Ii'I'TO THE COMPREHENSfVE PL<\.t'l; AND PROVIDING AN EFFECTIVE DATE AND LEG".\L STATUS OF THE PLAN AMEND MENTS. WHEREAS, section 163.3161 eL seq_, Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regul?tion Act; and WHEREAS, se:::tion 163.3167, Florid;l Stattltes.. requires e~ch municipality in the State of Fkrida to prepare; .and cdopt a Comprehensive Plan as scheduled by the Florida Department of ) Conununity Affairs; and _;J 'VHEREAS, section 163.3167(11), Florida Statutes, encourages local governments to art:culate a vision of the future physical appearances and qualities of its community; and WHEREAS, pUmIant to, and in furtherance 0(. section 1633167(11), Florida Statutes, the City Commission of tb.e City of Winter Springs, through a collaborative planning process with mewiJlgfiIl public participatiol\ desires to adopt three new comprehensive plan policies (LG-CP A-2- 98;. LG-CPA-3-98; and LG-CPA-4-98) which are intended to: (I) preserve vegetative and wildlife habitat. of species designated as endangered, threatened or of special concern and significant cultural and archaeologic31 resources; (2) provide coordini\tlon through the resource protections plans of local, state and ~ederal jurisdictions in the development of the Town Center; and (3) provide participation in the development and managE'.ment practices of any SVlTM Plan or similar type government agency plans; and WffEREAS, the Local Planning Agency of the City of Wimer Springs held a duly noticed public hearing, in acco:-dance with Ihe procedures in chapter 16:;, part H, Florida Statutes, on the proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens.. and 311 interested parties submj~tiJlg wrillen ilnd of:!l corn.mcn:s nnd has recommended adoption to the City Com.mjssion: and WfCERE,\S, On November 9. 1995. lil(: Cit~, COIl'.mission of the City of \,vinler Springs held a .july noticed p\lblic hearing :)n lh~ proposed Cnmprehensive Pliln amcncimcnt and considered flndi.n~s a.nci advice; ofstatr. citizClls. and ~I\ inle:-esicd p,u1i8~ submitting wrillen c.nd oral comments, i11l0 alkr completc dclibcr(lti~n. (JpproH.:d !hl: .:'.ll1(:/l(jlllclli fOI' l.railSfllitiid lu [he floridJ Depilnrncn~ 0'- COfl1ll1ul1;t)' I\Jhlrs. ii/Ie - - - - - - I ~L;.:.-...:::~'~',~', '-- .. - ..........~, , .=-r:.G: I .~. .., '''-.::.'-: 1,- ~.~,' I G ~"~"':>:::':<:; WBEREAS, on April 30. 1999, the Florida Department of Community .'-\.Efajrs isslJed its Objections, Recommendations, and Comments IZCPO;1 [0 the City find found the subject large scale Comprehensive Pl..lI1 amendmen~s consistent with Rule 9J-5, Florida Administrative Code, and Chc:p1e~ J 63, Pan U~ Florida Statutes and also raised no objections to the proposed Comprehensive Plan amendments; and WHEREAS, pursuant to section 9J-ll.006, Florida Administrative Code, this Compro:hensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments; and WHEREAS, on January 10, 2000~ the City Commission of the City of Winter Springs held a duly noticed public adoption hearing on the proposed amendments se1 forth hereunder and coosidt..-red findings and advice of s~ citizens, and all interested parties submitting written and oral comments and supporting data and analysis, as well as the Objections, Recommendations, and Commcnts of the Florida Department of Community Affairs, and after complete deliberation, approved (with modifications to the original proposed amcndment based on DCA's ORC Report) and adopted the proposed amendments hereunder; and J WfIEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with the requirements of the LocaJ Government Comprehensive Planning and Land Development Regulation Act and the amendments are in the b-est interests of the public health, safety, and welfare ofl:he citizens of Winter Springs, Florida. NOW, TffEREFORE, BE IT ORDAJNED BY THE CITY COMJVUSSION OF TIlE CITY OF \VlINTER SPRlJ\GS, SEMINOLE COUNTY, FLORIDA, AS FOLLO\VS: ~:tion 1. Recitnls. herein by this reference. The foregoing re.:itaJs are true and correct and are fully incorporated Se-ction 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, sections 16.3. I X4 and 16'> .187, Florida Statutes. ~Ui9n...1. Purpose and I.ntent. It is hereby declared to be the purpose and intent of this Ordinance to c1urify. exp.5nd, correct. update, modlfy and othervnse furtJlcr the provisions of the City of Winter Springs' Comprehensive Plan. ~s:J.i9.n 4. Adloption of Tr.xt Amendmeot to Cornprchcusivc Pia n. The City of Winter Springs' Compreilcnsive Plan is hereby amended as follows: .'\) LG-CI'.\-2-9S (Conserv:llion Flement). A new Policy) IS herc:bv addeci under .J Objeciive C of the: Conservation Element as fc'Uo\vS Ci[~' of \\"flICC Spill!!;, Orulll:lncc ",,0 'IS;; (.I;lIl11;,ry ;11. l()(II)) P~~~~t.: :. \)t" :, .. - - - - . - L ~ - _ :,:..... ......::,_i - ,- L.:: i .., ,....: r :--:.- :,' , '-" ......- .. . .... ~ . -..... . "-" ;.; .f ) Policy J) There shall be nO destruction of vegetative communities, wildlife a.nd '.vildlife habitat of those species designated as endangere.d, threatened or of special concem. The City itself shall be subject to this same policy statement. There shall be no destruction of such communities and habitats on City owned property. Due to the higher density of development envisioned for the new Town Center, the City shall create a. Town Center Resources Protection District that will extend to all areas of the T OVlTl Center In 2000, the City shall deveiop specific la.jd development regulations that will ensure resource protection within the Town Ce~1ter. Conformin.g Amendments: Existing Policy 3 shall be redesignated as Policy 4 and the existing policies following existing Policy 3 shall t.e redesignated as Policy 5, 6, 7, and 8 respectively. B) LG-CPA-3-98 (Land Use Element). A new Policy I is hereby added under Objective C, Goal I of the Land Use Element as follows: ) Policy 1) Historically significant culturai and archaeological sites shall be protected from development or redevelopment ac!tvities as detailed in the City Land Development Re6rulations. In 2000, ,he Cit)' shall prepare and maintain an inventory of hi slOric:J.lIy significan! sites within its corporate boundaries. The City shaJi assure that there shall be no loss of hi.storic resources on city-owned property In 2000, the City shall develop more re~rictive language in the Land Development Regulations ensuring tJ1C protection of historically significant cultural and archaeological sites from development or redevelopment. COllforming Amendments: Existing Policies 1 and:2 shall be redesignated as Policy 2 and 3 r'~srectively. C) LG-CI'A-4-98 (IntcrgoYCll1mcnL'l.I Cool-dillaDon Elemcnt). A new Policy 4 is i1Creby added under Objective C of the lntergovemmenta] Coordination Element as follows: In 2000, the City shall develop language:11 the City's Land Development Regulatiolls ensuring the devclopmcr.l of the City's new Town Center shall be coord.inated with all resource protection pla!ls of local, ~:tate ancl federal jllrisdi(;tions that may exist. The Cit;, sh.all coordinate with the resource protection effo;-ts of SIR \.vlvlD for La.ke Jessup :J.nd the City shaJ! involve itself in th~ process for development of the SWQvl PI,tn 0r J simila.r plan ('1:- .)r \V]II]C: S(!nn,'.s i)rdi'LI]\C,' ~:o ',')0 II.l]IIU\I' :f" 21;Ol)1 J> J~'( ~ oi :. ) . - c: ~ .. :.. -:.\::-.::. -..- u: 1 I . d, . - ~. , .. _'__ I U ,:....:- ': . '~.' ) COllforming /!melldmc/l(s: None. 5s'~t.i.Q.!1.....2 Tr:.lnSOlitt:uto tile Department of Community AfTairs The City Manager or his designee is hereby designated to sign II 1et1er tr:tnsmitting these adopted Comprehensive Plan A;llendments to the Flor.d3 Depanment of Commun.ity Affairs, in accorda;lce with section 163.3 1~7( 1)(c)(4), Florida Stat'Utes, and section 9]- ] I, Florida Administrative Code. ~!iQ.!~. Repeal of Prior Inconsistent Ordin::lnccs and Resolutions. AJI prior inconsistent ord;''1ances and resolutions adopted by the City Corrunission, or pans of ordinances and resolutions in conflict herewith, are ;,ereby repealed to the extent of the conflict. ~1i2.!L1. 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 sl~pa::-ate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion~. of this ordinance. SJ;sJioo 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amenclr'nents adopted by th.s ordinance, said :\mendments shall be incorporated into thoe 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. ~J.iQD-.2. Etre{tivc Date and Legal Status of the Plan Amendments. The dfective date of the: Amendments adopted by this Ordinance shall be a 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 pemlits, or land us'e dependent on these .Amendments may be issued or commence before it has become effective. ff a fi:lal order of noncompliance is issued by the Administration Commission, the Arnendments may nevertheless be made effecti.ve by adoption of a resolution affirming its effective stat'Us. After and from the effective date of theSE: Amendments, the Comprehensive Plan Amendments set forth herein sh2.l1 amend the City of Winter S}nngs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Pi;U1, 35 amended. ADOPTf:D by the City Commission of the City of Winter Springs, Florida., in a regular n1<.:eting assembled on the 10th day of January, 2000 I':tul P. I>:1ITyk.1. Mayor ) (il\' c.i ""I/W'[ :)1,,.1:1?\ Ordlll.\Il<:C \0 7~.S ihllll:l/': II). ~\)(I(IJ P~JE"'" :1 \.I;. ".OJ ) } ) j - (i ~ .~ .:....~.~~G U .-.Li: " , : ..,". ~. _''_.._'... I ) A TTI::ST Andrea Lorcllzo-Luacc$, City Clerk AS TO LEGAL FORM AND SUFFICIENCY: Anthony A. Gargnnese. City Attorney Transmittal He<lring: .. N()'..~Glber 9 \ 99X Adoptioll HeariI\g: --.1fi.mlilJ"\' 10. :WOO .' .:..:. (Il:: 0( Wiu!cr S"ril1~~s OrdjllJllcc ;--!\!. ~.)S l.i:JII'.I:.ry 10. .:I)I)()I I':\~ t' 5 l)i- :) ATTACHMENT C ) ) i)Er-'T GF (=Of~i:'''j HFFHIP'~ F(:/ ::~Sr).'J:~:~-::-~:~)'~i J 1.1'1 L' ::'rj(Jlr) (() il 'j P.ljJ 8," . ., . . y _. Q uo....:0l.-;:' - ;' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ~Dedicated to makIng Florida a bottor place to call home" -- JliB BUSH Gov.mO{ 5'rCYEN M. BEIOERT &<<rebry June 8, 2000 Mr. Thomas Grimrns, AlCP Comprehensive Planning/Zoning Coord. City of Winter Sprihgs 1126 East Sttl.tc Road 434 Winter Springs, Florida 32708-2799 Dear Mr. Grimms: The Department's records reflect that the City of Winter Springs bas submitted two a40pted comprehensive plan' amendment packages for the year 2000. The fIrst arnend(ncnt package'was adopted- : by Ordinance No. 2000-10 on Aprl124, 2000, and referenced as DCA# OO-I: The second amendmori.t package was adopted by Ordinance No. 758 on May 8, 2000, and ref~enced as DCA # 00~2. Pursuant to Section 163.3184(3)(b), Florida Statutes and Rule 91.-11.006(1), Florida Administrative Code, local governing bodies. shall consolidate all proposed plan amendments into a single submission for each 'ofthe two plan.amendment a,doDtion-da1~ dY.rin&J.h.e calendar year. Therefore, by adopting two separate )ackages on different dates the City .has exhausted their two adopted amendment cycles for the calendar "year 2000. The. City may continue to submit adopted amendments durin'g the calendar year 2000 if the amendments meet.the exemption requirements set forth in Section 163.3187(1), Florida Statutes and Rule 9J-ll.006(1)(a)7, Florida Administrative Code. . We understand that the City may have some expectations of adopting additional plan amendments during this calendar year that do not meet the exemption requirements of Section 163 .3187( 1), Florida Statutes. If this is the case, in order to a.void any difficultie.s, the..City may wish to contact the Department to further discuss their options prior to adopting any additional amendments during the 2000 calendar year. The Department looks forward to working with the City in resolving any issues identified in this procedural matter. If you. i?elieve thatthe Department's records are incorrect concerning thIs issue or you have any questions, please contaCt Shaw Stiller, at (850) 488-0410. Sincerely yours, ~~~ G~~ Charles R. Gauthiet', AlC? Chief, Barcnu Of Local Planning CRG/rc ) 15116 8H,U.MARO OAK BOULEVARD : TALL....t1J\'~QItt:. rLoKIDA ,~;).o-:21.o.k 'PhOn:4; 6~O.."HHI.84lHlISUr'lcom 27IL8~e!\ FAX: 850.Q21'.076t/Sunoom 2~L076\ .' In lune i ad d r....:. hI I p :/lwytw .lkJl ,It.. l~"'t.u. CJ\l1)CAl.'II'TATC ~ ""l.D Of'l'lOt. :zn<I 0.-.-- .~.._ :n:l ~I'\.~ D01l 'Jl!l$.1<a ~ 1"\.A>lH<1<O 2I51lll_ o.k D.,."""-I r~ n.. 373<>0-1100 . . li:ool..-n-.. ~~ ~~Qol<~. T"..-...-.. FI.'~(X) ~ '\3'00ll0 ~o;o.. ~ ~001.l.Vf1' 11loM ~ o.k ~ . ~.N..~2100 (MQ) ..... 71XIG