HomeMy WebLinkAbout2000 10 23 Public Hearings A First Reading - Ordinance 2000-28 Amend Ordinance 587
COMMISSION AGENDA
ITEM
A
Consent
Informational
Pu bUe Hearing X
Regular
October 23,2000
Meeting
Mgr.fv\ / Dept.
Autliorization
REQUEST:
The City Attorney requests the City Commission hold a public hearing for first reading and
consideration of Ordinance 2000-28 that would amend Ordinance 587, which provides
procedures for review and adoption of comprehensive plan amendments.
PURPOSE:
The purpose of this request is to provide the necessary changes in order to make Ordinance 587
consistent with the Florida Growth Management Act, and provide more flexibility in scheduling
the Land Planning Agency and City Commission public hearings.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3211 F.S. which states in part: "Where this act may be in conflict with any
other provision or provisions of law relating to local governments having authority to regulate
the development ofland, the provisions of this act shall govern unless the provisions of this act
are met or exceeded by such other provision or provisions of law relating to local government,
including land development regulations adopted pursuant to Chapter 125 or Chapter 166. . . ."
CONSIDERATIONS:
. Ordinance 587 was adopted on July 10, 1995.
CDD/October 18.200012:02 PM
OCTOBER 23, 2000
PUBLIC HEARING AGENDA ITEM A
Page 2
. Several amendments have been made to the Florida Growth Management Act.
. The amendments to the Growth Management Act are in conflict with Ordinance 587.
. The City Manager has requested several minor amendments to Sec. 15-32 and Sec. 15-
38. These minor amendments will allow for more flexibility in scheduling the Land
Planning Agency and City Commission public hearings.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends the Commission hold a public hearing for first reading and consideration of
proposed Ordinance 2000-28 revising Ordinance 587 and hold a public hearing for second
reading and adoption on October 23,2000.
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2000-19 would be held on
October 23,2000. The ordinance would become effective immediately upon adoption per Sec.
4.15(c) City Charter and 166.041(4) F.S.
ATTACHMENTS:
A. Proposed Ord. 2000-28 revising Ord 587 (showing additions as underlinings and
deletions as strikethroughs).
B. Local Planning Agency Agenda Item II. C. presented at the October 4, 2000
Planning & Zoning Board / Local Planning Agency meeting.
COMMISSION ACTION:
CDD/October 18,200012:02 PM
ATTACHMENT A
ORDINANt\E NO. 2000-28
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
ORDINANCE NO. 587 PROVIDING FOR PROCEDURES
FOR REVIEW AND ADOPTION OF COMPREHENSIVE
PLAN AMENDMENTS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FORINCORPORA TION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 10, 1995, the City Commission of Winter Springs adopted
procedures for the amendment of the City's Comprehensive Plan; and
WHEREAS, since those procedures were' adopted, there have been several amendments
made to the Florida Growth Management Law which are inconsistent with the City's procedures;
and
WHEREAS, Section 163.3211, Florida Statutes, provides that the Florida Growth
Management Law shall govern over conflicting provisions of the other laws relating to local
governments having authority to regulate the development of land, including land development
regulations; and
WHEREAS, the City Commission desires to update the City's Comprehensive Plan
procedures to be consistent with the Florida Growth Management Law; 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
W inter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, 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. The following sections of the City of Winter Springs Code, Chapter 15,
Planning, are hereby amended as follows: (underlined type indicates additions; strikeout type
indicates deletions; asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 15. It is intended that the text in Chapter 15 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
* * *
City of Winter Springs Ordinance No. 2000-28
Sec. 15-32. Application Deadline.
Unless otherwise provided by law. !rhe Comprehensive Plan of the City of Winter
Springs shall be amended only twice per year in accordance with 163.3187 (1) as
follows:
(1)
Spring Submittal.
(2)
Fall Submittal.
Sec. 15-33. Exemptions.
Major amendments proposed to be considered for
review and action during the Spring of any year shall
be submitted to the City Manager (or his designee)
no later than 5:00 p.m. on the first Wednesday in
February. The application(s) will be reviewed at a
meeting of the Local Planning Agency to be held in
April or as otherwise practicable.
Major amendments proposed to be considered for
review and action during the Fall of any year shall
be submitted to the City Manager (or his designee)
no later than 5:00 p.m. on the first Wednesday in
August. The application(s) will be reviewed at a
meeting of the Local Planning Agency to be held in
October or as otherwise practicable.
* * *
(d) Small Scale Amendments. Any local comprehensive plan amendments
directly related to proposed small scale development activities may be
approved without regard to statutory limits on the frequency of
consideration of amendments under the conditions indic<tted in Sec. 15 34
provided by law.
Sec. 15-34
Small Scale Amendments. Reserved.
The City .may appro<1e small seale amendments to the Comprehensive Plan without
regald to statutory limits 011 the fteqtleney of consideration of amendments to the
Comprehensive Plan. Small scale amendments require only one public hearing
before the City Commission, which shall be an adoption public hearing. "Small
Seale Amendments" shall mean a pI oposed amendment that is a residential land use
of ten (10) aeres or less and a density of ten (10) units per ael e 01 less or in v 01 ves
other land use eategorics, singularly or in combination ~ ith I esidential use, of ten
(10) aClcs 01 less and.
(a) The cumulative effect of the above <tmendmcnts shall not excced
sixty (60) acres Mmtlally,
City of Winter Springs Ordinance No. 2000-28
Page 2 of 5
(b) The proposed amendment docs not involve the same propelty more
than once a year, and
te") The plOposed amendment does not in v 01 v e the sanK 0 w nel ' s
property within two hundred (200) feet of prop crt} granted a change
within the prior twclve (12) months.
* * *
Sec. 15-38. City Commission Transmittal Public Hearing.
The City Commission shall hold a (first) public hearing for the purpose of
transmitting the proposed comprehensive plan amendment(s) to the Department of
Community Affairs and other agencies in accordance with 163.3184(3)(a)(b),
Florida Statutes. The public hearing shall occur no later than the second
Commission meeting in June for Spring and no later than the second Commission
hearing in December for Fall transmittal. The first public hearing shall be head on
a weekday approximately seven (7) days after the day that the first advertisement
is published. The City Commission may accept, or reject, or accept with
modifications, the LPA recommendation, or transmit a modified plOposal that is
within the scope of matters considered in the hearing. If the City Commission
decides to transmit the proposed amendment, then the intention to hold and
advertise a second public hearing (at the adoption stage) shall be announced at this
(the first) public hearing.
Sec. 15-39. Advertisement of Public Hearing.
Public hearings shall be advertised pursuant to Florida Law.
(a) Required Information. The advertisement of the public hearing
shall state the date, time, place of the meeting, the subject of the
meeting, and the place or places where the proposed comprehensive
pbm amendment(s) may be inspected by the public. The
advertisement shall also advise that interested partics may appear at
the meeting and be heard r egar ding the transmittal or adoption of
the comprehensive plan amendment(s).
fb) Required Porm. If the proposed amendment changes the permittcd
uses of land or changes land use categories, then the advertisenlCnt
shall be no less than one qU1iIter (1/4) page in a standard size or a
tabloid size newspaper, and the headline in the advertisement shall
be in a type no sn1aller than eighteen (18) point. The advertisenlent
shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The notice shall be
published in a newspaper of general paid circulation in the City of
City of Winter Springs Ordinance No. 2000-28
Page 3 of 5
Winter Springs and of general interest and readership. 'vYhenever
possible, the advertisement shall appear in a newspaper that is
published at least five (5) da:ys a ~eek. The advertisement shall be
in substantially the following form.
NOTICE OF CHANGE OF LAND USE
The City of ''vinter Spl ings proposes to change the use of
land within the alea shown in the nlap in this
adl ertisement.
A public hearing 011 the pi oposal will be held on (date
and time) at (location of the nleeting ]place).
[a geographical location map which clearly indicates
the area COvered by the proposal shall be plaeed
here. The nlap shall include major street names as
means of identification of the area.]
The pi oposed amendment may be inspected by intel ested
pal ties between (days and time) at (location).
Interest pal ties may appeal at the meeting and be heard
regarding this amendment.
* * *
Sec. 15-43. Effectiveness of the Adopted Amendment.
The ordinance adopting the amendment to the Comprehensive Plan shall become
effective upon the Department of Community Affairs issuing a Notice of Intent to
find the adopted amendment in compliance as provided by Florida law.
Section 3. 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 4. 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 5. 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 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. 2000-28
Page 4 of 5
Section 6. 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.
PAUL PARTYKA, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
First Reading:
Second Reading:
Effective Date of Ordinance:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
City of Winter Springs Ordinance No. 2000-28
Page 5 of 5
ATTACHMENT B
CITY OF WINTER SPRINGS. FLORIDA
1125 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32700-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
II. C.
PROPOSED REVISIONS TO ORD. 587 CONCERNING
PROCEDURES FOR REVIEW AND ADOPTION OF
COMPREHENSIVE PLAN AMENDMENTS
-.'-:..-'
STAFF REPORT:
REQUEST:
The City Attorney requests the Land Planning Agency review the proposed changes
(underlining = additions to text; strikethroughs = deletions to text) to Ordinance 587
relating to procedures for review and adoption of Comprehensive Plan amendments.
PURPOSE:
These changes will make Ordinance 587 consistent with the Florida Growth Management
Act.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3211 F.S. which state~ in part: "Where this act may be in conflict
with any other provision or provisions of law relating to local governments having
authority to regulate the development of land, the provisions of this act shall govern
unless the provisions of this act are met or exceeded by such other provision or
provisions of law relating to local government, including land development regulations
adopted pursuant to Chapter 125 or Chapter 166. . . ."
CON SID ERA TIONS:
· Ordinance 587 was adopted on July 10, 1995.
· Several amendment have been made to the Florida Growth Management Act.
. The amendments to the Growth Management Act are in conflict with
Ordinance 587.
. The City Manager has requested several minor amendments to Sec. 15-32 and
Sec. ] 5-38. These minor amendments will allow for more flexibility in
scheduling the Land Planning Agency and City Commission public hearings.
FISCAL IMPACT:
None.
STAFF RECOMMENDATION:
The City Staff and City Attorney recommend that the Commission adopt the proposed
amendments to Ordinance 587.
"'~'
, '
IMPLEMENTA TION SCHEDULE:
The City Commission would hold a'first reading of Ordinance 2000-28 revising
Ordinance 587 on October 9th and hold a public hearing for second reading and adoption
on October 23, 2000.
A TTACHMENTS~
A. Proposed Ord~',~000-28 revising Ord. 587 (showing additions as underlings and
deletions }~~. strikethroughs).
ATTACHMENT A
.~
"~'
OHDlNANCE NO. 2000-2H
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRJNGS, FLORIDA, AMEN,DING
ORDINANCE NO. 587 PROVIDING FOR PROCEDURES
FOR REVIEW AND ADOPTION OF COMPREHENSIVE
PLAN AMENDMENTS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DA TE.
WHEREAS, on July 10, 1995, the City Commission of Winter Springs adopted
procedures for the amendment of the City's Comprehensive Plan; and
WHEREAS, since those procedures were adopted, there have been several amendments
made to the Florida Growth Management Law which are inconsistent with the City's procedures;
and
:.....
..:.Cot.
WHEREAS, Section 163.321 r, Florida Statutes, provides that the Florida Growth
Management Law shall govern over con,flieting provisions of the other laws relating to local
governments having authority to regulate the development of land, including land development
regulations; and
WHEREAS, the City Commission desires to update the City's Comprehensive Plan
procedures to be consistent with the Florida Growth Management Law; 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, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, 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. The following sections of the City of Winter Springs Code, Chapter 15,
PlaIllling, are hereby amended as follows: (underlined type indicates additions; stI ikcout type
indicates deletions; asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 15. It is intended that the text in Chapter 15 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
* * *
City of Winter Springs Ordinance No" 2000-28
See. 15-32. Applicatioll Deadline.
Unless otherwise provided by law, fFhe Comprehensive Plan or the City or Winter
Springs shall he amended only Iwiee per year in accordance with 163.3 J 87( I) (IS
follows:
(1) Spring Submittal. Major amendments proposed to be considered for
review and action during the Spring of any year shall
be submitted to the City Manager (or his designee)
no later than 5:00 p.m. on the first Wednesday in
February. The application(s) will be reviewed at a
meeting of the Local Planning Agency to be held in
April or as otherwise practicable.
(2) Fall Submittal. Major amendments proposed to be considered for
review and action during the Fall of any year shall
be submitted to the City Manager (or his designee)
no later than 5:00 p.m. on the first Wednesday in
". August. The application(s) will be reviewed at a
meeting of the Local Planning Agency to be held in
October or as otherwise practicable.
Sec. 15-33. Exemptions.
r
* * *
(d) Small Scale Amendments. Any local comprehensive plan amendments
dir~.ct1y. related to proposed small scale development activities may be
approved without regard to statutory limits on the frequency of
consideration of amendments under the conditions indicated in Sec. 15-34
provided by law.
Sec. 15-34
Small Scale Amendments. Reserved.
The City may appIOve small scale amendments to the Comprehensive Plan without
regard to statutory limits on the frequency of consideIation of alllendments to the
Comprehensi v e Plan. Small scale amendments require only one public hearing
before the City Conunission, which shall be an adoption publie hUll ing. "Small
Scale Amendments" shall mcan a P] oposed amendment that is a rcsidentialland use
often (10) acres 01 less and a density often (10) units per acre or less 01 involvcs
othel land use categories, singulally 0] in combination with residential use, of ten
(10) aeI es or less and.
(a) The cumuJati >Ie effect of the above aItlcndments shall not exceed
sixty (60) acres aJlttttaHy-;
City of Winter Springs Ordinance No. 2000-28
Page 2 of 5
(-b-}------+he-propo:-ied-arnend lT1 en l-d oe~TH) l-j n v() I ve-t h e-~;a tile-pre )pe r ry-nl ()rc
th;m-ont:e-a-yea r;-a nd
tc) 'fhe-pr()po~ed-amelldmen t-ttot:'s-!lOI-tnv() IVe--I-he-~lrne-()Wne M
propcrty-wltmn-two-hnndre-d-fZOO)-feer-o-f-pmpcrly-gllln let!-;rerrdng e
with-in-the-prior-twdvc (] 2) month~
* * *
Sec. 15-38. City Commission Transmittal Public Hearing.
The City Commission shall hold a (first) public hearing for the purpose of
transmitting the proposed comprehensive plan amendment(s) to the Department of
Community Affairs and other agencies in accordance with 163.3184(3)(a)(b),
Florida Statutes. The public hearing shall occur no later than the second
Commission meeting in June for Spring and no later than the second Commission
hearing in December for l??ll transmittal. The first public hearing shall be head on
a weekday approximately seven (7) days after the day that the first advertisement
is published. The City Commission may accept, or reject, or accept with
modifications, the LPA recommendation, 01 tlansmit a modified proposal that-is
within the scope of mattel s considered in the heal ilJg. If the City Commission
decides to transmit the proposed amendment, then the intention to hold and
advertise a second public hearing (at the adoption stage) shaH be announced at this
(the first) public hearing.
Sec. 15-~? Advertisement of Public Hearing.
Public hearings shall be advertised pursuant to Florida Law.
(a) Required InfoIIIlation. The ad'vertiselIlent of the public heal ing
shall state the date, time, place of the mecting, thc subject of the
meeting, and the: place OI places whelc thc plOposed comprehensive
plan ttlv.endment(s) may be inspected b} the public. The
ad v el tisemelJt shall also ad v ise that intel ested parties may appear at
the meeting and be heal d regal ding the tl ansmittal 01 adoption of
the complehensive plan amendment(s).
(b) Requiled Porm. If the ploposed amelidment changes the pelmitted
uses of land or changes land use categories, then the advenisenlent
shall be no less than one-quartel (1/4) pagc ill a stalldal d size 01 a
tabloid size newspapel, alJd the headline in the ad vel tisement shall
be-in-a type no smallel than eighteen (18) point. The ad yO tisement
shaft-not be placed in that portion of the ne mpapel W he~1
notiees and c1,issified-aclverti-sements-appcJI. The IJolice sha-H-be
pttbfu-hed ill a newspaper of gene~htti-oll-tn-the-€1ty-trf
City of Winter Springs Ordinance No_ 2000-28
Page 3 of 5
Vv-inl er-Sprin g:-;-;l mh) f-genera h III ere:-; t-aTld-re;ltler~h i~\Vhenever
pm:-;i ble-;-tht.-adverti:-;ernen t-:-;h;lll,'ppealin,l-new~papelt hal-i:-;
pll b li~hed-a Hea~l-fi v c-{-5)-d a y:-;-;nvee k:---T hecldverr-i :-;emen r:-; hilll-he
i~u b~t-;mh<tHy-lhe-foll()wing-f()rm~
NfYH€C+-BF-€H-A-N6E-0F-hA-NfH-:fS-E
fagcographieallocation map which clearly indicates
the area covered by the pIoposal shall be placed
here. The map shall include m<ljor street names as
means of identification of the area.]
Th~;pl oposed amendment may be inspected by interested
parlies-between (days and time) at Oocation).
Interest parties may appeaIa-
regal ding this amendment.
* * *
Sec. 15-:43. Effectiveness of the Adopted Amendment.
The orodinance adopting the amendment to the Comprehensive Plan shall become
effective upon the DcpaItmcnt of Community Affaiis issuing a Notice ofIntent to
find the adopted amendment in compliance as provided by Florida law.
Section 3. 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 4. 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 5. 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 separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Cily of Winter Springs Ordinance No. 2000-28
Page 4 of 5
Sectioll 6. Effective Date. This Ordinance shall hecomc dkclivc immedialely upon
iltlOplioll by Illc Cit)' Commission of the Cily or Winter Springs, rloritl;l.
ADOPTED by lhe City Commission of the City of Winter Springs, Florid<.l, in a regular
meeting assemhled on the _ day of ___,2000.
PAUL PARTYKA, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
First Reading:
Second Reading:
Effective Date of Ordinance:
"'~'
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE.
City Attorney
City of Winter Springs Ordinance No. 2000-28
Page 5 of 5