HomeMy WebLinkAbout2000 09 25 Public Hearings B Second Reading - Ordinance 2000-19 Repealing Section 20-26 of Code of Ordinance
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regu Jar
September 25, 2000
Meeting
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Mgr. / Dept.
Authorization
REQUEST:
The City Attorney requests the City Commission hold a public hearing for second reading and
adoption 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/September 15, 2000/2:11 prvl
SEPTEMBER 25, 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20-26 be repealed to avoid some potential pitfalls, and that the City strictly comply with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.
· The City Commission held a first reading of Ordinance 2000-19 on September 11, 2000.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends the Commission hold a public hearing for second reading and adoption 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:
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- I 9
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:
COD/September 15, 2000/2:07 PM
ATTACHMENT A
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(,i}RD1NANCE 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 (stlikeout
type indicates deletions and underlined type indicates additions):
Sec:--Z-Er-ZG. Zoning-ord1mmcc~);-<ltterati-ons;-challgt,s 01 ,nnendments.-
City of Winter Springs
Ordinance No. 2000-19
Page I of 3
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-When evcriri::,-propo$ccI-by-or-to-t-he-t.-tty-cornmi ssiorrth,tl-thc:-r.oni ng-ordinanc~-bc
a-I-tcrcd-;-ch,mgcd-oramcnd cd-;-th c-city-commrssion-shal-I--calhq) tJ bl ic-h carin g-on-thc-::,(l J II e ell I cI
gi ve- Ilotice of tile tillie, datcand-purpose-theteof, Ilo-tes~-tl-l(m-fr/-tccn-(-\-5-)-cbys pI iOl to tIle date
of tile Ileal illg by pubhshin1:,J-SttCh-notlce OlIee ill anc'wspaper-o-F-gencra-\-circnl-ati-oll ill such
IlIunicipality ellld by posting-suet. Ilotice ill tlllce (3) eOII5picttou::,.....placccl-throngllout the city, olJe
(I) of wllicll sllcdl be tI.c eity-sllall mid a copy of SUcllllotiee shaH-hc-dchveled to tile planlIilJg
and z:oiIing homd cllclillIIal1 01 sCCletary 1I0t less tllall fifteen (15) days pliol to tIle tilllC of the
llealiiIg. Aftel Sc:.1 vicc UPOII tile boald, thc cllaillllalI 01 secletalY shaH-tllell call a IIIeetilIg to
cOllsidel tIle plOposed-altc:.lcltiolI, cllalJge 01 alIIelIdlllellt aILS shall tllcledftel alld 1101 less tIlall
fOlty-eigllt (48) IIOLlIS pliorto-t1lc scbeduled heaJiiIg sublllit tile bo~ tCCOIIIJllelldatiolls to the
city clelk fOI usc of tIle cOllllIIissiol1 at tk tilIIe of tile Ilealillg and---'ctHeast-olle (I) designated
IlIelllbel of tIle boalc! sllclll allelIc! tIle public healilIg. rlovided-;-however;-the-ploeedme sct f'Oltll
llcleillabovc:. docs IIOt awly to lezolling applieatiolls alld altelatiolls-ln-t-he-city's eOlllplchclIsive
pIall, alld the COIIIIllissioII sll.1ll, on suclllcquests, follovV tlIe ploccdLIlC set fOltl! ill [.S. eh. lGG
and r.S. clI. I GJ, as it IIOW (:.,<ists 01 as it Ilia)' be IClIullIbeled 01 .1lllellclttl:
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 modi ficd 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 25th day of September
,2000.
I.
PAUL P. PARTYK.{\~'~lA '
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APPROVED AS TO LEGAL FORM
AND UFFICIENCY FOR THE CITY
o ER SP INGS ONLY:
ANTHONY A. GARG
CITY ATTORNEY
First Reading: September 11, 2000
Second Reading: September 25, 2000
Effective Date: September 25, 2000
City or Winter Springs
Ordinance No. 2000-19
Page 3 of 3
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ATTACHMENT B
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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:
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After the City Commission reviews
the P&Z Board's recommendations found
within the minutes, the Commission may
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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
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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.
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ATTACHMENT C
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~ 20-26
WINTEH SP]UNGS CODE
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ARTICLE II. ADMINISTRATION
DIVISION 1. GENERALLY
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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- ,<j'
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, S 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 the city.
(Ord. No. 44, S 44.15, 1.8-68; Ord. No. 156, S 2,
9-12-77)
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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 f.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, ~ 44.16, 1-8-68; Ord. No. 156, ~ 2,
9-12-77; Ord. No. 214, !is 1, 2, 5-13-80; Ord. No.
231, 91, 2-24-81)
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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, S 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, S 2.41
et seq.
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