Loading...
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