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.
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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.
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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.
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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.
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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
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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.
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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
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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
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'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~
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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
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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))
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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
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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
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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
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ATTACHMENT C
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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
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