HomeMy WebLinkAbout2000 11 13 Public Hearings F Second Reading - Ordinance 2000-28 Amend Ordinance 587
COMMISSION AGENDA
ITEM
F
Consent
Informational
Public Hearing X
. Regular
November 13, 2000
Meeting
v (!!) /~
Mgr/ Attorney
Authorization
REQUEST:
The City Attorney requests the City Commission hold a public hearing for second reading and
adoption 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 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. . . ."
CONSIDERATIONS:
. Ordinance 587 was adopted on July 10, 1995.
CDDlNovember 6, 2000/10:58 AM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM F
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 second reading and adoption of
proposed Ordinance 2000-28 revising Ordinance 587.
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2000-28 would be held on
November 13, 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:
CDDlNovember 6, 2000/9:51 AM
)
ATTACHMENT A
)
)
ORDINANCE 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 FOR INCORPORATION 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
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,
Planning, are hereby amended as follows: (underlined type indicates additions; strikeout type
indicates deletions; astetisks (* * *) 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. fFhe 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 indicated in Sec. 15 34
provided by law.
Sec. 15-34
Snla:ll Scale Amendments. Reserved.
The. City may approv'e small scale amendments to the Comprehensive Plan without
regard to statutory linlits on the frequency of consideration of amendments to the
Comprehensive Plan. Sm.all seale amendments require only one public hearing
before the City Connnission, which shall be an adoption public hearing. "Small
Seale AnlCndments" shall mean a pr oposed amendment that is a residential land use
of ten (10) aeres or less and a density of ten (10) units per acre or less or involves
other land use categories, singularly or in combination with residential use, of ten
(10) acres or less and.
(a) The cunltllati ve effect of the abo've amendments shall not exceed
City of Winter Springs Ordinance No. 2000-28
Page 2 of 5
sixty (60) acres annually,
(b) The proposed amendment docs not involve the same property more
than once a year, and
(c) The proposed amendment docs not involve the. same owner's
property ~ ithin two hundred (200) feet of property granted a change
within the prior twelve (12) nlonths.
* * *
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 LP A recommendation, or transmit a modified proposal 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 th~ place or places where the proposed contprehcnsive
plan amendment(s) may be inspected by the public. The
ad~ertisenlent shall also ad v ise that interested parties may appear at
the meeting and be heard regarding the transmittal or adoption of
the comprehensive plan amcndnlent(s).
(b) Required Porm. If the proposed amendment ehanges the pernlitted
uses of land or changes land use eategories, then the ad vertisement
shall be no less than one-quarter (114) page in a standard size or a
tabloid size newspaper, and the headline in the ad vertisement shall
be in a type no smaller than eighteen (18) point. The advertisement
shall not be placed in that portion of the newspaper where legal
notices and classified ad vertisements appear. The notice shall be
City of Winter Springs Ordinance No. 2000-28
Page 3 of 5
published in a newspaper of general paid circulation in the City of
Winter Springs and of general intcrcst and readcrship. Whcncvcr
possible, thc advcrtiscmcnt shall appear in a newspapcr that is
published at least fivc (5) days a wcek. The advcrtisemeht shall be
in substantially the following fOlm.
NOTICE OF CHANGE OF LAND USE
The CitJ of ~.,vinter Springs pI oposes to change the use of
land within the area show n in the map in this
ad" ertisement.
A public hearing on the proposal will be held on (date
and time) at (location of the meeting place).
[a geographiealloeation map which clearly indicatcs
the arca eOvcrcd by the proposal shall be placed
here. The map shall include majOl street names as
means of identification of thc area.]
The proposed amendment may be inspected by interested
parties between (days and time) at (location).
Intel est parties may appear 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 Departmcnt of Connnunity 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
City of Winter Springs Ordinance No. 2000-28
Page 4 of 5
the validity of the remaining portions of this ordinance.
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 13th day of November
( 1::= ~L
ANDREA LO~ZO-LUACES
City Clerk \
First Reading: October 23, 2000
Second Reading: November 13, 2000
Effective Date of Ordinance: November 13, 2000
D AS TO LEGAL FORM AND SUFFICIENCY
~ OF WINTER SPRINGS ONLY.
r) ) /l~
ANTHONY A. GARG
City Attorney
City of Winter Springs Ordinance No. 2000-28
Page 5 of 5
ATTACHMENT B
)
)
CITY OF WINTEFl SPRINGS, FLORIDA
")
1126 EAST ST^TE f.l0AD <13<1
wINTER SPRINGS. FLORIDA 32700-2799
Telephone (<l07) 327-1000
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 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 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. . . ." .
CONSIDERA 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 Mnnagement 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.
IMPLEMENTATION SCHEDULE:
The City Commission would hold a first reading of Ordinance 2000-28 revising
Ordinance 587 on October 9lh and hold a public hearing for second reading and adoption
on October 23, 2000.
) ATTACHMENTS:
A. Proposed Ord. 2000-28 revising Ord. 587 (showing additions as underlings and
deletions as strikethroughs).
)
)
ATTACHMENT A
)
01< J)] N 1\ i\' C1': NO. 2000- 2H
AI\' OI{J)II\',\NCE 01; TilE CITY COMMISSJON OF THE
CITY OF WINTEH SPHJNGS, FLORIDA, AMENDING
ORDINANCE NO. 587 PROVJDING FOR PHOCEI}UHES
FOH 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 DATE.
WHEREAS, on July 10, ] 995, the City Commission of Winter Springs (Jdopted
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 163.32I 1, Florida Statutes, provides that the Florida Growth
Management Law shall govern over conflicting provisions of the other laws reJating to Jocal
governments having authority to reguJate the development of land, including Jand deveJopment
regulations; and
WHEREAS, the City Commission desires to update the City's Comprehensive PJan
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 tile 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 Janguage existing prior to adoption of this Ordinance).
* * *
Cit)' of Wimer Springs Ordinance No. 2000-28
)
SCl". 15-32. Applicllioll J)(';l(IJilll:.
')
Unkss otherwise f2rovided by I;IW, !:nIC C()J))prehensive Plan of the City of Winler
Springs shall he amcnded only twice per ycar in accordance with J 63.3 I 87( I) as
fal lows:
( I )
Spring Submittal.
(2)
Fall Submittal.
Sec. 15-33. Exemptions.
)
Major amcndmcnts proposed to be considered for
review (lnd (lction during thc 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 appJication(s) wi)] 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.
* * *
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 indicated in Sec. 15 34
provided by law.
(d)
Sec. 15-34
. Reserved.
The City may approve smaIl scale amendments to the Comprehensive PIan without
regard to statutory limits on the frequency of considcI ation of amcndmcnts to the
Complchensive rlan. Small scale amendments require only one public hearing
before thc City Commission, which shall be an adoption public hearing. "Snlall
Scale Amendmcnts" shall mcan a proposed amendment that is a lesidentia] land use
of ten (10) acres or less and a density of ten (10) units pCI ael e 01 less OI in v 0] v cs
other land use categories, singu]al]y 01 in combination with I esidentia] use, of tell
(10) ael es or less and_
(a)
The eumulati ve cffeet-of-the-ab
sixty (60) acres annttatty-;-
t execcd
)
CilY of Winter Springs Ordinance No. 2000-28
Page 2 of 5
(h) -----The- propo:-;cd-;lITlcndITH.:nt-dOt::-,-nol-invo I vet hc:-;;t Illcprorerl Y-Jlll)rt:
I h;ln-OnCl..l-yc;lr;-;llld
(c)---+h c-rrorosed-amendmen I-does-no l-i n vo I vc-lh c-sa me~own er2-s
pro pe rly-wi thin-two-hunclred-(-Z OO)-I"ee t-()t~pr()per ty-gr;l n led.l""C h,l n ge
wi thi n-th e-pri or-lwdvc-(-r2:-)-rnon ths-:-
* * *
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 pubJic 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 tl,msmit-a HlOdificd proposal that-is
within the scopc of ItlatteIs considered in the hcaring. 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.
PubJic hearinQ.s shall be advertised pursuant to Florida Law.
(a) Rcquired Information. The ad vCItiscmcnt of the public healing
shall state the date, tinle, place of the meeting, the subject of the
mccting, and the place 01 places where-the-proposed comprehensi vC
plan au..cndment(s) may be inspectcd b.v thc public. The
advCI tisement shall also advise that intercstcd pal tics may appear (l:t
the nlccting and be heal d regal ding the tI ansmittaI OI adoption-of
the comprehensive pIan amcndment(s).
(b)
Required form. If the propos cd amendmcnt changes the pClmitted
uses of land or changes land use categories, then the advertisement
shatt-bc no less than oIle-quarter-f .
tabloid sizc ncwspapeI, and the hcadJinc in the ad vCI tiscment-shaH
be--in-a ty pc no smaH-er---tmln cightccn (18) point. The advcrtiscmcnt
simtl-not be pJ-aeed-in-that--portion o[ the--newspapcl whcrc Icga-l
ootiees-and classified advertisements--appe<ll. The IJOtiee--shatH:re
pttblis-hed-in-a-newspaper-of-ge-nera-l-pa1cl-e-iret:tlcttTem--irJth c C i t'i of
)
City of Wimer Springs Ordinance No. 2000-28
Page 3 of 5
)
\Vi Il t e r- .'1pri Il gy ;l1H 1-- () 1- gelle r;ll-i III cre:-; I' ;Illd-rc;nlcr:-; h ip-:--W he Ile ve r
pm:si hlt:-,-t he-;l(lvnl j:-;cmclll-:sII;r 11-;lppc;lr-in-;I-ncw:-;p;IPC r--I h;ll-j:-;
pll b I i:-;hed-;r H c;l:-it-fi vL-{-5-)-d ;IY:-i-;nNcek~ Fhe-"dverti :-icmCTl r-:-; h ;111- hc
in-:su O:S l,tn Ii" 11;1 he-fo/lowin g-forrn:
N EfFl€-li;-f-) rl-€-H-t\-N G E-6 F-b--t\-Nf)-l-JSE
~Fh c-ei ty-o f-Wi nterS-prings-proposes--to--changc-thc-IISc-O f
land--,vi thin-thc--a-rea-shmvn-in--the-map-i-n-this
advertisement-:-
A-public-h--ea-ring-on-th-e-proposal-wilt-be-h-el-d-on-fdatc
and-timct-at-{IOC"dtion-of the meet-ing-platt}:-
fa-grograp-h-iea-H-oea lion IMp W h i eh clear] y ind i cateS
the area cOvercd by the proposal shall be-plaeed
hel e. The map shall illc1ude major street names as
mea-ns-of-i-dentifieation of the area.]
The-p-rop0sed-3nlendment may be inspected by-interestcd
pa-rt-ics--b-et-ween (days and time) at--(J:ocationt:
lntcrest-pa-rt-ies-ma-y-appeal aHhe-tneeti-n-g-c-hcard
regal ding this--am-en-d-m-en-t-
')
* >.< *
Sec.
15-43. Effectiveness of the Adopted Amendment.
The ordinance adopting the amendment to the Comprehensive Plan shall become
effective upon thc Depanment of Comnlunity Affails issuing a Notice of IIltcnt to
filld the. adopted amendlllcnt in comphanee 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 heJd invaJid or unconstitutionaJ by any court of
competent jurisdiction, whether for substantive, proceduraJ, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding sh(J1l not affect
the validity of the remaining portions of this ordinance.
)
City of Winter Springs Ordinance No, 2000-28
Page Ll of 5
)
)
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SI'l"lil)11 (l. FfTccli\'e Date. Tllis (),tI,II:l/ll.'l' ,:I,:i1lllll'{ll/lt" (./ il"1'IIVI' i'lllllcdi;IIt:ly \lpO))
:ldl)!>IJ')/1 I>y rIll" ('11'.' CO))llllissio)) of Ille CilY 1)1 Willll'l '')11'1:',1'::. 11<>1111:1
ADOPTED hy the City Commission of Ille Cily ()r Willlu .\prillgs, J:lmida, in a regular
))leel illg :ISSC))lhkd ())) Ille __ day of _" _ _ ' :W()().
PAUL PAI<TYKA, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerl<
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 A tlorney
City of Winter Springs Ordin<tllcc No, 2000-2S
Page 5 of 5