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Home My WebLink About2000 09 11 Public Hearings B First Reading - Ordinance 2000-19 Repealing Section 20-26 of Code of Ordinance COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular September 11, 2000 Meeting ~~ Mgr. /. pt. Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission . hold a public hearing for first reading and consideration of Ordinance 2000-19 repealing Section 20-26 of the Winter Springs Code of Ordinances. PURPOSE: The purpose of this request is to repeal Section 20-26 of the City Code of Ordinances which requires that a Planning & Zoning Board member be present at the City Commission meeting when zoning ordinances are to be considered by the Commission. APPLICABLE LAW AND PUBLIC POLICY: The provisions of Section 4.14(8) of the City of Winter Springs Charter which 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. " CONSIDERA TIONS: · The City Attorney and City Manager discussed this matter before the Commission at its June 12' 2000 meeting. CDD/August 31,2000/11:17 AM SEPTEMBER 11, 2000 PUBLIC HEARING AGENDA ITEM B Page 2 · The City Attorney indicated that Section 20-26 City Code conflicts with some current provisions in the Florida Statutes, under Chapter 166 and 163. · At the June 12,2000 Commission meeting, the City Attorney recommended that Section 20-26 be repealed to avoid some potential pitfalls, and that the City strictly comply with the Florida Statutes only. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for first reading and consideration of proposed Ordinance 2000-19 repealing Section 20-26 of the City Code of Ordinances which requires that a Planning & Zoning Board member be present at the City Commission meeting when zoning ordinances are to be considered by the Commission. IMPLEMENTA TION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2000-19 would be held on September 25,2000. The ordinance would become effective immediately upon adoption per Sec. 4.15(c) City Charter and 166.041(4) F.S. ATTACHMENTS: A. Ordinance 2000-19 B. Current City Code Sec. 20-26. C. June 12,2000 letter from Carl Stephens, Chairman of the Planning & Zoning Board / Local Planning Agency. COMMISSION ACTION: CDD/August 31, 2000/4:53 PM ATTACHMENT A \~JRD1NANCE 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 (sttikeout type indicates deletions and underlined type indicates additions): Sec-:--Z0-2G. Zonillg 01 dilldllCCS, <lltel <Itions, cllanges 01 anlelldlucnts. City of Winter Springs Ordinance No. 2000-19 Page 1 of 3 Whenevel it is plOposed-by-O! to tIle city COlll1TI-rssiorrthaHne-zoning-ord-immces-be altclcd, clwllged 01 alllcnded, tIle city COllllllissiol1 sllclll Call a-pttbrrc--!J<::cll illg on tIle sallie alld give hotice of tIle tillie, date alld pmpose theleof, 110 less tllall fifteeIJ (15) days pliO! to tIle date oftbEIIEalillg by publisllillg such liotice once in a Ilewspapcl of gellElal CilCulatiol1 ill sucb nlunicipality alld by pOStillg such hotice ill tluee (J) cOllspicuous placed thlOugllout tbe. city, Olle (1) of whicb sllall be tk city sllall cllld a copy of such notice sllall be deli vel cd to tIle plannillg and zoning boald cllailnlall or SCClCtCUy lIOt less tllan fifteell (15) days pliOl to tbe. tilue oftbe hecuillg. After sel vicc UpOll tIle boald, the cllailnlall 01 sccletaly sllall tllell call a lIKeting to cOlIsidel tIle plOposed altel atiolI, ellalige 01 anlelidluellt alIS sllall tllel Eaftel alld 1I0t less tban fOltY-Eight (48) Ilouls pliOl to tllC sclledulcd be.alillg sublllit tIle bOald's lecollllucndatiolis to tlle city del k fOl usc of tllc cOlulllissioll elt tllc tinle of the llUH illg and--at lcdSt OIIC (1) designated membel of tIlE boald slwll .:tltelld tIle public llearillg. PlOvided, Il0wevel, tbe. plOcedme set folth heleillabo ve does llot apply to 1 czollillg applications alld altel ations ill tllc city's conlplehensi ve plan, alId tIle COllIIlIissiol1 shall, on such lequests, follow tIle plOcedUle sct fOlth ill }i.S. ell. IGG cu1d [.S. ch. 1 GJ, as it hOW exists 01 as it llIay be lellunlbelcd 01 aIlICllded-:- 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 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 ATTACHMENT B 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 ~ay 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 - /l j /) /..[--' . .:' /.--;;-/ .~ . .7,~ / Z '. ... ----(.,I-/'--"..(..A." ..' 0- ,. ,r;,/ ,/ /7 (/" {>!c.,v\..-w,<""., , :/"7 z-- ATTACHMENT C ~ 20.26 WINTER SPRINGS CODE ( ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Sec. 20-26. Zoning ordinances; alterations, changes or amendments. Whenever it is proposed by or to the city com- mission that the zoning ordinances be altered, changed or amended, the city commission shall call a public hearing on the same and give notice of the time, date and purpose thereof, no less than fifteen (15) days prior to the date of the hearing by publishing such notice once in a newspaper of general circulation in such municipality and by posting such notice in three (3) conspicuous places throughout the city, one (1) of which shall be the city hall and a copy of such notice shall be deliv- ered to the planning and zoning board chairman or secretary not less than fifteen (15) days prior to the time of the hearing. After service upon the board, the chairman or secretary shall then call a meeting to consider the proposed alteration, change or amendment and shall thereafter and not less than forty-eight (48) hours prior to the scheduled hearing submit the board's recommendations to the city clerk for use of the commission at the time of the hearing and at least one (1) desig- nated member of the board shall attend the pub- lic hearing. Provided, however, the procedure set forth hereinabove does not apply to rezoning ap- plications and alterations in the city's compre- hensive plan, and the commission shall, on such requests, follow the procedure set forth in F.S. ch, 166 and F.S. ch. 163, as it now exists or as it may be renumbered or amended. (Ord. No. 44, S 44.14, 1-8-68; Ord. No. 156, ~ 2, 9~12-77) Sec. 20-27. Action of the city commission. Action of the city commission shall be by ordi- nanceduly passed and shall be spread upon the minutes of th~ city. (Ord. No. 44, !l 44.15, 1-8-68; Ord. No. 156, S 2, 9-12-77) Sec. 20-28. Actions to alter, etc. (a) All applications for rezoning within the city shall be presented to the planning and zoning board for their consideration and recommendation to the city commission. Affirmative action by the city commission upon any rezoning application shall require a public hearing by the city com- mission. The public hearing before the city com- mission shall be advertised according to the pro- cedures set forth in F.S. ch. 163 and I.S. ch, 166, as they now exist or as they may be renumbered or amended. (b) The city commission is authorized to pro- ceed without the recommendations of the plan- ning and zoning board if such recommendations are not forwarded to the city commission within seven (7) days from the date of the planning and zoning board meeting. (c) The city commission shall act on a request for rezoning within six (6) months of receipt of an application by the planning and zoning board from the property owner. If the applicant requests a delay in the rezoning procedures, any such delay that will not permit commission action, after due public notice, within the six-month period of time, shall result in the application becoming null and void. (Ord. No. 44, !l 44.16, 1-8-68; Ord. No. 156, !l 2, 9-12-77; Ord. No. 214, !l!l 1, 2, 5-13-80; Ord. No. 231, !l1, 2-24-81) ( Sees. 20-29-20-50. Reserved. DIVISION 2. PLANNING AND ZONING BOARD* Sec. 20-51. Created. There is hereby created a planning and zoning board for the city. (Ord. No. 44, !l 44.04, 1-8-68) Sec. 20-52. Composition, appointment of members. The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the commission seat. Each member shall be a citizen and registered voter of the city and each .Cross reference-Boards, committees, commissions, ~ 2-41 et seq. ; \ 1198