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HomeMy WebLinkAbout2001 09 10 Public Hearing E Ordinance 2001-39 Chapter 9COMMISSION AGENDA ITEM E September 10, 2001 Regular Meeting REQUEST: Consent Informational Public Hearings X Regular 4/~%i ~~ Mgr. A~ Dept. Authorization The City Attorney requests that the City Commission consider approving Ordinance 2001-39, through this second reading and public hearing, which will amend the Winter Springs Code of Ordinances Chapter 9 by establishing a concurrency management procedure for certain public facilities, pursuant to the Stipulated Settlement Agreement with Terry Scarlata and the Florida Department of Community Affairs. PURPOSE: The purpose of this Agenda Item is to request that the City Commission consider approving an Ordinance amending Winter Springs Code of Ordinances Chapter 9 by establishing a concurrency management procedure for certain public facilities and particularly parks and recreation at this time. In addition to establishing the general concurrency procedure for determining adequate levels of service for new development, Ordinance 2001-39 establishes a detailed method to determine parks and recreation concurrency. Similar detailed procedures will be established for potable water, sewer, drainage, and transportation levels of service at a later date. Pursuant to the aforementioned Stipulated Settlement Agreement, upon adoption of Ordinance 2001-39, the pending administrative action will be dismissed with prejudice and the matter will be concluded. If the Ordinance is not adopted, Ms. Scarlata will have the right to continue prosecuting the case before an administrative law judge. CITY OF WINTER SPRINGS REGULAR MEETING -SEPTEMBER 10, 2001 PUBLIC HEARINGS AGENDA ITEM "E" PAGE 2 OF 4 APPLICABLE LAW AND PUBLIC POLICY: Section 163.3184(9), Florida Statutes, permits adversely affected parties to challenge Comprehensive Plan Amendment adopted by a municipality. Section 163.3180, Florida Statutes, requires municipalities to adopt concurrency management guidelines to serve new development. Guidelines must be in place for sanitary sewer, solid waste, drainage, potable water, parks and recreation, and transportation facilities. CONSIDERATIONS: A. Ms. Terry Scarlata challenged the City of Winter Springs' Comprehensive Plan Amendment 99-2, as adopted by City Ordinance No. 724 on August 16, 1999. This Amendment created the Greeneway Interchange Comprehensive Plan designation. B. The Florida Department of Community Affairs found the Amendment to be in compliance. C. The City of Winter Springs and the Department of Community Affairs negotiated a Stipulated Settlement Agreement with Terry Scarlata on May 18, 2001. It was the intent of the Stipulated Settlement Agreement to fully resolve all issues between the parties in the proceeding. D. The City of Winter Springs has 60 days after execution of the Stipulated Settlement Agreement to consider for adoption the remedial action of adopting a concurrency management Ordinance, which is attached to the Stipulated Settlement Agreement. E. Adoption of the remedial actions shall not be counted toward the frequency restrictions imposed upon Plan Amendments pursuant to Section 163.3187(1), Florida Statutes. F. Chapter 163, Florida Statutes, requires that municipalities adopt concurrency management Ordinances. G. The concurrency Ordinance would establish a standard procedure for the City to determine whether public facilities and services are available to meet the needs of new development as required by law. H. Staff has reviewed and commented on the Ordinance. CITY OF WINTER SPRINGS REGULAR MEETING -SEPTEMBER 10, 2001 PUBLIC HEARINGS AGENDA ITEM "E" PAGE 3 OF 4 I. The City Commission approved the Stipulated Settlement Agreement on May 29, 2001 and the Florida Department of Community Affairs approved the Agreement on June 14, 2001. PREVIOUS COMMISSION ACTION: On May 29, 2001, the City Commission approved the Stipulated Settlement Agreement. However, the Commission delayed first reading of Ordinance 2001-39 because of further policy considerations, as follows: 1. Section 9-514 of the Ordinance would require a Aminimum one-half (.5) acre of dedicated neighborhood parkland for new residential development. A question was presented by the Commission as to whether the parkland dedication would establish a new policy requirement. The answer is not really. Section 9-103 of the existing Code provides: ...[T]he developer of all residential subdivisions which are to be platted, but excluding those located in an approved PUD, shall confer with the planning and zoning board in regard to sites for schools, parks, playgrounds and other common areas for public use, at the time of presentation of the preliminary plan. An area equal to five (5) percent of the gross area shall be dedicated by the owner to the city for park and recreational purposes. ...[W]hen the land to be developed is less than twenty (20) acres in size, the city staff may recommend that the city council waive the aforesaid requirement in conjunction with approval of the preliminary plan. (Code 1974, 14-62). Therefore, the City has a long standing existing policy of requiring dedicated parkland in the City for new residential development. However, on land less than twenty (20) acres, 9-103(b) permits the City Commission to absolutely waive the dedication requirement. The proposed 9-514(b) also allows a waiver, but the waiver is not absolute. A developer would have to provide either off-site parkland or fees in lieu of land. CITY OF WINTER SPRINGS REGULAR MEETING -SEPTEMBER 10, 2001 PUBLIC HEARINGS AGENDA ITEM "E" PAGE 4 OF 4 2. The Commission also raised a question regarding the minimum size dimensions of dedicated parkland. Section 9-514(c) was amended to address the Commission's concerns and now states: All parkland required by this Article shall be a minimum of one- half (.5) acre and have a minimum width and length of one hundred twenty-five 125) feet unless a lesser width or len tg h is ~nroved by the City Commission by variance. When considerin>; a variance, the City Commission shall consider whether the requested size and dimensions of the park will provide a functional recreational area in light of the recreational amenities proposed, the recreational demands of the residential community that the recreational area is intended to serve, and the compatibility of the recreational area with the surrounding neighborhood. Ms. Scarlata has consented to the minor revision. The City Commission approved the First Reading of Ordinance 2001-39 on August 13, 2001. FUNDING: None required. STAFF RECOMMENDATION: The City Attorney recommends that the City Commission consider adopting Ordinance 2001-39 on Second Reading. ATTACHMENTS: A Concurrency Management Ordinance 2001-39. B. Copy of the advertising for Second Reading of Ordinance 2001-39. C. Copy of the Minutes from the August 13, 2001 City Commission Regular Meeting, referencing the First Reading. COMMISSION ACTION: ATTACHMENT «A~~ ORDINANCE N0.2001-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 9 BY ESTABLISHING A CONCURRENCY MANAGEMENT PROCEDURE FOR CERTAIN PUBLIC FACILITIES MORE FULLY SET FORTH IN THIS ORDINANCE; 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, Section 163.3180, Florida Statutes, states that each local government should adopt a concurrency management system to ensure that issuance of a development order or development permit is conditioned upon the availability of public facilities and services necessary to serve new development; and WHEREAS, the City Commission desires to adopt the concurrency management system set forth herein and hereby deems this Ordinance in the best interest 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. Winter Springs Code Chapter 9, Land Development, is hereby amended as follows: (underlined type indicates additions). Article X. Concurrency Administration and Evaluation Procedure Division 1. Overview and Exemptions. City of Winter Springs Ordinance No. 2001-39 Page 1 of 16 Sec. 9-500. Purpose of concurrency Evaluation. The purpose of this Article is to implement the concurrencv provisions of the City's Growth Management Policies consistent with the provisions of Chapter 163, Part II, Florida Statutes, and applicable administrative rules It is also the pur op se of this Article to establish an ongoing concurrency evaluation system which ensures that public facilities and services needed to support development are available concurrent with the impacts of such development and that development orders and permits are issued in a manner that will not result in a reduction in the levels of service below the adopted level of service standards adopted by the City for public facilities and services. The concurrency evaluation system shall measure the potential impact of anYproposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer, solid waste, drainage potable water, parks and recreation, and transportation facilities, unless the development permit or order is exempt from the concurrency review requirements of this Article. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the pro_,posed development as determined by the concurrency evaluation set forth in this Article. Sec. 9-501. Definitions. The following, words and phrases used in this Article shall have the meanings ascribed below unless the context clearly indicates otherwise: ~l City's Growth Management Policies. The growth mana eg ment policies of the Citv of Winter Springs that are set forth in the City's Comprehensive Plan and land development regulations which regulate land devel~ment and established levels of service of public facilities and services, including sanitary sewer solid waste drainage potable water, parks and recreation, and City of Winter Springs Ordinance No. 2001-39 Page 2 of 16 transportation facilities. (b) Concurrency Certificate. A certificate issued for a specific development or property that indicates available capacity for each public facility reviewed based upon adopted levels of service standards established in this Article at the time the certificate is issued and does not guarantee capacity in the future, nor does the certificate encumber capacity for a specific period of time. ~) Concurrency Evaluation. Evaluation by the Development Review Committee based on adopted levels of service standards to ensure thatpublic facilities and services are available concurrent with the impacts of such development as defined in this Article. ~d) Development Order. Any order rg anting, den~g or rg antin~ with conditions an application for a development permit. ~) Development Permit. Includes any building_permit, zoning_permit, subdivision approval, rezoning certification special exception, variance, or any other official action of the City having the effect of permitting the development of land. ~ Development Review Committee. Shall be a committee established by the City Manager to review and approve applications for the development of land. At a minimum, the committee shall consist of the directors of utilities/public works community development, and narks and recreation or their designee The City Manager or City Commission may also appoint residents of Winter Wirings to serve on the committee. Level of Service Standard The measurement indicating the de>?ree of service provided by or proposed for a facility based on operational characteristics of the facility. ~h) Public Facilities and Services Those public facilities and services for which level of City of Winter Springs Ordinance No. 2001-39 Page 3 of 16 service standards have been established in the City of Winter Springs Growth Management Policies and are recognized in this Article, and which include (1 roads (2) wastewater (3) storm water (4~ solid waste, (5)potable water, (6) parks and recreation. Sec. 9-502 Application Submittal The Development Review Committee shall be responsible for camina out the requirements of this Article and shall make determinations re arding concurrencX applications and issue certificates according to the procedures established by this Article. An application for a Concurrency Certificate shall be filed with all applications for a final development order or permit, unless otherwise exempted by this Article. A preliminary review application may also be submitted for an informational and non-binding concurrency review by the Development Review Committee. All applications shall be made on a form prescribed by the City. which should require, at a minimum and as applicable: ~a) Date of submittal. fib) Name, address, and telephone number of applicant and property owner: ~c,) Parcel I.D. number, street address, and legal description. (d) Proposed land use(s) by land categor~%, square feet and number of units. ~) Phasing information by_proposed uses, square feet and number of units. ~f) Existint; use of propertr~acreage of property, name of DRI, PUD, Subdivisions. (~) Site design information. ~h) Previously issued concurrency certificates. (i) Possible limitations in the manner in which the proposed use will be conducted, including restrictions on use, resident population, density and intensity of use. City of Winter Springs Ordinance No. 2001-39 Page 4 of 16 (~) Possible limitations on the height, size, location, density or intensity of a building or other structure. (k Possible phasing schedule. (1) Possible alternative with respect to size, number, location or nature of vehicle access omts. gym) Possible increase in the amount of street dedication, roadway width, or construction of roadway improvements within street right of wad fin) Plans for the protection of existing trees, vegetation, water resources, wildlife habitat and other significant natural resources. (o) Any information re ag rding_possible solutions or alternatives which would permit the proposed development in conformitywith the requirements and intent of this Article and the Cites Growth Management Policies. gyp) Data and analysis relevant to the concurrency facilities and services evaluated under this Article whereupon the Development Review Committee can conduct and make an informed concurrence determination. An application which is not technically complete shall be returned to the applicant with a correspondence detailing, the deficiencies in the application. Failure to submit the required information in accordance with this Section shall result in the denial of the concurrency application. Applications deemed complete by the City shall be handled on a first-come first-served basis. Once an application is accepted by the City as complete any changes in uses densities and intensities for the subject property that result in an increased capacit~quirement for any concurrence facility shall City of Winter Springs Ordinance No. 2001-39 Page 5 of 16 be subiect to a new concurrence review. An application fee may be established b ty he Cif Commission by resolution All completed applications shall be reviewed in accordance with the procedures contained in this Article. Sec. 9-503. [Reserved] Sec. 9-504 Change of Use. ~a) Any change, redevelopment or modification of use shall require a concurrency evaluation under this Article, provided the proposed change, redevelopment or modification of use has more than a de minimis impact on public facilities and services than the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concurrency evaluation. Concurrence credit shall be given for the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concurrency evaluation. If the proposed change, redevelopment or modification of use has a lesser impact on public facilities and services than the previous use durin the six 6 month period prior to the date of application for concurrency evaluation then no concurrency evaluation shall be required. If no use existed on the site for the six (6) month period prior to the date of application, no concurrency credit shall be issued and the~roposed use shall be subject to concurrency evaluation. ~) The impact of such change redevelopment or modification shall be measured in terms of level of service criteria including but not limited to, vehicular trips per day, estimated increases in water and sewer flows increases in resident population increases in on-site impervious surfaces, and estimated solid waste ~Lneration. City of Winter Springs Ordinance No. 2001-39 Page 6 of 16 (c) The burden is on the applicant to provide reasonably sufficient evidence that the previous use has been actively maintained on the site durin the six 6 month period prior to the date of application for the concurrency evaluation. Such evidence may include utility records records reflecting the use sought to be proven, and other relevant documents. An occupational license is not of itself sufficient proof of a particular use, but may be used to support other evidence of a use maintained on a site. Sec. 9-505. Demolitions. In the case of a demolition of an existing use or structure, the concurrency evaluation for the redevelopment shall be based upon the net increase of the impact for the new or proposed land use as compared to the most recent land use existing_prior to demolition, provided that such credit is utilized within six (6) months of the date of the issuance of the demolition permit. Such credits are non-transferrable. Sec. 9-506 to 9-509. ~Reservedj Division 2. Level of Service Standards (LOS) Sec. 9-510. Introduction. The levels of service set forth in this Division 2 are intended to be the minimum levels of service which are acceptable under the City's Growth Management Policies for: (1) potable water; (2) solid waste; (3) wastewater; (4Zparks and recreation; (5) storm water; and (6) transportation. The City shall monitor compliance with the minimum levels of service set forth in this Division by ensuring that public facilities and services needed to support development are available concurrent with the impacts of development, as required b 1 City of Winter Springs Ordinance No. 2001-39 Page 7 of 16 Sec. 9-511. Potable Water LOS jReservedJ Sec. 9-512. Solid Waste LOS (Reservedj Sec. 9-513. Wastewater LOS f Reserved], Sec. 9-514. Parks and Recreation LOS A parks and recreation concurrency evaluation shall be required for any residential development on a citywide and per development basis. Cit ide minimum levels of service for parklands shall be determine on a two level basis for community parks and neighborhood parks. In addition to the citywide minimum levels of service, new residential development shall supplement the system of neighborhood parks and recreation services by providing parklands or fees in lieu ofl consistent with the level of service criteria and requirements established for parks and recreation under the City's Comprehensive Plan and this section. ~a) The~arks and recreation- level of service standards for community parks shall be monitored by the Cit through concurrency evaluations to ensure that the minimum level of service standard for citywide communityparks remains at or above 1.6 acres per 1000 population. In performing the concurrency evaluation for communitYparks for a proposed residential development, the Development Review Committee shall determine the number of acres of communityparkland which would be necessary to serve the number of citywide dwelling units existing or approved prior to the development plus the number of proposed new dwelling units. If the development satisfies the level of service standards for community parkland, then the development shall be deemed concurrent City of Winter Springs Ordinance No. 2001-39 Page 8 of 16 for community parks and a certificate shall be issued consistent with section 9-533 of this Article If a residential development causes or continues to cause the level of service for community parks to be not concurrent, the developer shall pay the City a fair share communityparks and recreation impact fee, as established by the City Commission by resolution. All such fees collected shall be allocated and appropriated to the City's recreation budget to be expended to enhance the City's communityparks system with priority given to expend such funds to acquire parkland. (b The parks and recreation level of service standards for neighborhood parks shall be based on the application of the level of service standards established for each residential development by particular region of the City as follows: Northwest region - 5.9 acres per 1,000 population South-central region - 5.3 acres per 1,000 population Southeast region - 6.9 acres per 1,000 population In performing the concurrencv evaluation for neighborhood parks and recreation for a proposed residential development, the Development Review Committee shall determine the number of acres of parkland which would be necessary to serve the number of dwelling units on-site (minimum one- half (.5) acre). If such amount of parkland can be provided while meeting the level of service standards set forth in this section, then the development shall be deemed concurrent for parks and recreation. If such amount of parkland can not be provided while meeting the level of service standards set forth in this section, then the development shall be deemed not concurrent for parks and recreation and a certificate shall not be issued. However, if a development can not provide the required on-site parkland the Development Review Committee shall permit the developer to satisfy City of Winter Springs Ordinance No. 2001-39 Page 9 of 16 the parks and recreation standard by providing a combination of on-site and off-site parkland and a fair share neighborhood parks and recreation impact fee as established by the City Commission by resolution. In such cases. the Development Review Committee shall require on-site parkland to the maximum extent feasible and practicable, off-site parkland shall be located in the same region as the proposed development, and said impact fee shall only be paid if on and off site parkland can not be provided as required herein. Any and all such fees collected shall be allocated and appropriated to the City's recreation budget to be expended for public recreational purposes and priority shall be given to expend such funds to acquire parkland. At such time the development satisfies the level of service for parks and recreation, a certificate shall be issued consistent with section 9-533 of this Article, with the condition that the necessar}~parkland and recreational services (including any impact fees) shall be in place or paid when the impacts of the development occur or shall be guaranteed to be in place through an enforceable development order or agreement not more than one year after the issuance of a certificate of occupancy or its functional equivalent. ~c) For,purposes of determining levels of service for parks and recreation facilities within the City under this section, the term "parkland" shall mean a public or private use of land that is dedicated or exclusivelxset aside as a neighborhood or community recreational area including, but not limited to a play~~round playing field swimming pool tennis court fishing hole or pier, nature trail, landscaped citYsquare or green for the pursuit ofleisure activities, stadium, conservation area suitable for passive recreation water sport area, or other similar type areas suitable for bona fide recreational activities A storm water retention pond shall not be considered parkland unless the retention pond includes uplands suitable for bona fide recreational activities or incorporated by design into a bona fide recreational area (e.g., a place to install a water fountain and littoral plantin sg in a park like City of Winter Springs Ordinance No. 2001-39 Page 10 of 16 setting). If a storm water retention pond is used for parkland purposes, the pond shall include abutting uplands for park purposes at least equal to the size of the pond and the pond shall not be fenced and shall be designed in a safe manner to protect the public (e.g_ rag dual pond slopesZ All parkland required by this Article shall be a minimum of one-half (. 5) acre and have a minimum width and length of one hundred twenty-five 125) feet unless a lesser width or len his approved b City Commission by variance. When considering a variance, the City Commission shall consider whether the requested size and dimensions of the Qark will provide a functional recreational area in light of the recreational amenities proposed, the recreational demands of the residential community that the recreational area is intended to serve, and the compatibility of the recreational area with the surrounding_nei~hborhood. ~) For purposes of complyingwith the Concurrency requirements of this section, properties zoned Town Center on June 1, 2000 shall satisfy Concurrency b~providing the parkland required by the Town Center Zoning Code and applicable development agreements. Sec. 9-515. Storm water LOS Reserved Sec. 9-516. Transportation LOS Reserved Sec. 9-517 to 9-529. Reserved Division 3. Concurrency Administration. Sec 9-530 Development Review Committee. The Development Review Committee shall review each completed application for a Concurrency certificate or preliminary review and determine, as soon City of Winter Springs Ordinance No. 2001-39 Page 1 I of I S as aracticable, whether the application is sufficient Sec. 9-531. Concurrency Review. No application shall be deemed sufficient unless it contains all information which. in the professional judgement of the Development Review Committee is reasonably necessary to evaluate the impacts ofthe proposed development on the public facilities and services subject to review under this Article. During the review process the Development Review Committee shall either deny, approve, or approve with conditions, the application for a Concurrency certificate. Sec. 9-532. Conditional Approvals. If the Development Review Committee determines that the application can be approved with conditions, the Development Review Committee shall recommend to the city commission a written Concurrency agreement. The applicant may accept the conditional approval by written concurrenc~greement approved b t~v commission, or the applicant may consider the application denied, in which case the applicant may appeal the denial to the city commission. When the Development Review Committee recommends and the city commission approves anv conditional Concurrency agreement, the city commission, with the recommendation of the Development Review Committee, may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Article, including anv of the following: ~) Limit the manner in which the use is conducted, including restrictin dg ensity and intensity of the use. (b) Limit the height, size, location, density or intensity of a building or other structure. ~c,) Require phasin og f the project. (d) Designate the size, number, location or nature of vehicle access points. fie) Increase the amount of street dedication, roadway width, or require construction of road City of Winter Springs Ordinance No. 2001-39 Page 12 of 16 improvements within the street right-of--way (fl Protecting existing trees vegetation water resources wildlife habitat or other si nificant natural resources. (g) Specify other conditions to permit development in the City in conformity with the intent and puroose of this Article and the ado ted City Growth Management Policies All conditional approvals shall be incorporated in a written development as;reement which shall be subject to City Commission ap royal. Sec. 9-533. Concurrencv Certificate. A Concurrency Certificate is a "snap shot" of available capacity for each public facility, evaluated under this Article at the time the certificate is issued The Concurrencv Certificate does not guarantee capacity in the future or encumber or vest capacity for any period of time. At a minimum, the Concurrencv Certificate shall contain 1. Name, address, and telephone number of the applicant and property. owner. 2. Parcel I.D. number and legal description. 3. Date of issuance. 4. Proposed use(s) by land use category, square feet and number of units 5. Phasing information by proposed uses, square feet and number of units if applicable 6. Total current available capacity within service area(s). 7. Project impact based on LOS Standards. A Concurrencv Certificate shall expire one 1) year after issuance unless the applicant commences construction of the development under a validly issued building permit A one (1 year extension maybe granted by the Development Review Committee provided circumstances have not City of Winter Springs Ordinance No. 2001-39 Page 13 of 16 adversely diminished the capacity of public facilities and services to support the development The development shall be subject to a new concurrency evaluation Division 4. Appeal Procedures. Sec. 9-540. Notice of Appeal. The applicant ma~ppeal the denial of a certificate of concurrency by the Development Review Committee by filing with the city mana>;er a written notice of appeal within fifteen (15~ys after the date of the concurrency denial. Sec. 9-541. Appeal Notice and Hearing. Upon receipt of a written notice of appeal the city manager shall schedule the matter for consideration b t~ city commission within thirty (30) dam after the appeal is filed. The city clerk shall noti the applicant of the day of the city commission hearing at least ten (l0~days in advance of the hearing Prior to the hearing, the cit~mana er shall provide the city commission with all information submitted to the Development Review re ag rding the subject concurrenc~pplication on appeal. The final decision on the concurrency application shall be vested in the city commission. The city commission shall have the right to deny, approve, or improve with conditions any concurrency application considered under appeal in conformity with the intent and purpose of this Article. Sec. 9-542. Appeal of City Commission. A final decision of the city commission on a concurrency application shall be subject to judicial review as provided by law. 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 City of Winter Springs City Code and any section or paragraph number or letter and any heading may be City of Winter Springs Ordinance No. 2001-39 Page 14 of 16 changed or modified as necessary to effectuate the foregoing. Section 4. 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. 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 10th day of ATTEST: ~4NbREA LC~O-LUACES City Clerk City of Winter Springs Ordinance No. 2001-39 Page 15 of 16 APPR D AS TO FORM AND LEGAL SUFFICIENCY F THE TY OF WINTER SPRINGS ONLY: ANTHONY A. GARGANE City Attorney First Reading: August 13, 2001 Second Reading: September 10, 2001 Effective Date: September 10, 2001 City of Winter Springs Ordinance No. 2001-39 Page 16 of 16 ATTACHMENT «B~~ vriana~ Sentinel Published Daily Mate of ,~'[oriba ~ s.s. COUNTY OF ORANGE Before the undersigned authority personally appeared Julia NiChOls who on oath says that he/she is the Legal Advertising RepresentatNe of Orlando Sentinel, a dally newspaper published at AL 'j A " U •y "j ~ j r !~ l1•! f: ~ in C ~ ~ j N O!= E County, Florida; that the attached copy of advertisement, being a T,yOT ~ r cc OF }'eiOP?S1= in the matter of ORi7INltli~# -+alll-~9 - in the Sl7IN0Ut Court, was published in said newspaper in the issue; of I la i ~ E. /11 1 Affiant further says that the said Orlando Sentinel is a newspaper published at A!= i A"IOsUTic a~ ~ } ~ L;'> in said :* C1Z11i01!" County, Florida, and that the said newspaper has heretofore been continuously published in said : ~ M r N nL~ County, Florida, each Week Day and has been entered as second-class mail matter at the post office in AL?A11~NT1 r{}I.;,~~e in said c l^ st T v nt E- County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~.~ The foregoing instrument was acknowled B fore me this s1sL day of August ,2001 ,by J ichols , who is personally known to me and did take a~i oaths (SEAL) !. ?'tr\ rsL~EF.,r cc see M~ Comm r:•;;. 3/10;05 No-LD U04U41 I I Persmally Hno.m I I Offier LD. NOTICE OF PROPOSED CHANGES TO CHAPTER 9 WINTER SPRINGS CODE OF.ORDINANCES NOTICE IS HEREBY GIV- EN THAT THE CITY COM- MISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR- ING FOR THE SECOND READING ON PROPOSED ORDINANCE 4001-39 TO CONSIDER AMEND• MENTS TO CHAPTER 9I OF THE CITY CODE. A PUBLIC HEARING DN :THE PROPOSED OROL. ~~NANCE WILL BE HELD -0N SEPTEMBER 10, 2001, AT 6:30 P.M. AT THE WIN-, TER SPRINGS CITY ' HALL ORONIANCE 1001.49 AN ORDINANCE Oi THE CIYY COM- MISSION OF THE CITY Of WINTER SPRINGS, FLORIDA, AMENDING TXE CITY OF WINTER SPRINGS ~: CODE OF ORDINANCES, CHAPTER 9. BY ESTABLISHING A CONCUMEN- ICY MANAGEMENT PROCEDURE FOR CERTAIN PUBLIC FACILITIES MORE FULLY fET FORTH IN THIS ORDINANCE,• PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ANO RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE GATE A PUBLIC HEARING ON 'THE SECOND READING', ~OF PROPOSED ORDI- NANCE 2001-39 WILL (TAKE PLACE AT THE CITY COMMISSION CHAM-I BERS IN CITY HALL AT 1116 EAST STATE ROAD 131, WINTER SPRINGS, FLORIDA. ADDITIONAL! '~ INFORMATION PERTAIN- LNG TO THE ABOVE MAY iIBE OBTAINED FROM ,THE OFFICE OF THE 'CITY CLERK AT CITY I HALL, 1126 EAST STATE :ROAD 131, WINTER (SPRINGS, FLORIDA. FOR (MORE INFORMATION CALL 327-i800,EXT. N 227. INTERESTED PERSONS MAY ATTEND AND BE HEARD. PERSONS WITH DISABILI- TIES NEEDING ASSIS- I TANCE TO PARTICIPATE IN ANY OF THESE PRO- CEEDINGS SHOULD CON- TACT THE EMPLOYEE RELATIONS DEPART• IMENT COORDINATOR 18 HOURS IN ADVANCE~OF (THE MEETING AT (~07) 327-1800. THIS IS A PUBLIC HEAR- IING. IF YOU DECIDE TO APPEAL ANY DECISION- OR RECOMMENDATION MADE BY THE CITY COM- MISSION WITH RESPECT TO ANV MATTER CON- (SIDERED AT THIS MEET- ING, YOU WILL NEED A (RECORD OF THE PRO- CEEDINGS, AND, FOR 'SUCH PURPOSES, YOU( ~T1HAT A VERBATIM LIRE CNGS OIS TMADEOUPON~ WHICH THE APPEAL IS I TO BE BASED. AA~L(S~ENZO• iLUACES (CITY CLERK CSE L1066988 Aug 31 ~1 ATTACHMENT «C„ CITY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 13, 2001 PAGE 17 OF 24 beyond just posting the property." Commissioner Martinez agreed and stated, "I feel the same way." Deputy Mayor McLeod opened the "Public Input "portion of this Agenda Item. No one spoke. The "Public Input "portion of this Agenda Item was closed. Further brief discussion followed on a drawing that had previously been provided. "I MOVE - TO MOVE ORDINANCE 2001-48 TO A SECOND READING." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MCLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS E. Office Of The City Attorney Requesting That The City Commission Consider Approving Ordinance 2001-39 Amending Winter Springs Code Of Ordinances Chapter 9 By Establishing A Concurrency Management Procedure For Certain Public Facilities. (Pursuant To The Stipulated Settlement Agreement With Terry Scarlata And The Florida Department Of Community Affairs). Attorney Garganese introduced this Agenda Item and advised the Commission that "This Ordinance sets forth at this time, the procedures by which Staff will determine the levels of service are satisfied, prior to development. In addition, this Ordinance also fills in the Parks and Recreational level of service of requirements, and at a later date we would come back with additional Code changes for levels of service regarding Sewer, Potable Water, Garbage Collection, Solid Waste Collection, and other Public Utilities required by Florida Statutes." Furthermore, Attorney Garganese stated that "Ms. Scarlata is in agreement with this proposed Amendment and I am recommending that the Commission move this Item on for Second Reading and Public Hearing." Deputy Mayor McLeod stated, "Could we have a Motion to read this by "Title" only?" "SO MOVED." MOTION BY COMMISSIONER GENNELL. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 13, 2001 PAGE 18 OF 24 Commissioner Martinez inquired, "It doesn't say anything here under the request about First Reading." Attorney Garganese responded that "This is First Reading." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-39 by "Title." Deputy Mayor McLeod opened the "Public Input "portion of this Agenda Item. No one spoke. The "Public Input "portion of this Agenda Item was closed. "I MOVE TO APPROVE MOVING ORDINANCE 2001-39 FOR THE SECOND READING." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING TWO REGULAR AGENDA ITEMS WERE NEXT DISCUSSED, IN THE ORDER AS DOCUMENTED. • • VI. REGULAR REGULAR G. Community Development Department Requests Authorization For A Supplemental Appropriation Of $6,000.00 From The General Fund To Provide Contract Inspection Services. Mr. DeMarie introduced this Agenda Item. Commissioner Martinez suggested postponing this Agenda Item until the full Commission was here, and voiced his concern with how long the requested $6,000.00 might last.