HomeMy WebLinkAbout2005 05 09 Public Hearing 404, Ordinance 2005-12, Amends Conservation and Future Land Use Element to Upland Wetland Buffers
CITY COMMISSION
ITEM 404
Consent
Information
Public Hearin
Re ular
x
May 9. 2005
Meeting
MGR.
IDEPT
Authorizatio
REQUEST: The Community Development Department Planning Division requests the City
Commission hold a Public Hearing for First Reading and Transmittal to consider a Large Scale
Comprehensive Plan Text Amendment for Ordinance 2005~12 (referenced as LS-CPA~05-07),
whieh amends the Conservation Element and the Future Land Use Element relating to upland
wetland buffers.
PURPOSE: The City of Winter Springs is initiating the request for a Large Scale
Comprehensive Plan Text Amendment to revise language in the Comprehensive Plan related to
upland wetland buffers to clarify the intent.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility
for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency
shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment
and shall make recommendations to the governing body regarding the adoption or amendment of
such plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from time to
time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive Dlan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter SDrinl!S Charter Section 4.15 Ordinances in General.
Winter SDrin2s Article III. ComDrehensive Plan Amendments
Section 15-30. Authority, purpose and intent:
@)
May 9,2005
Public Hearing Item 404
Page 2 of 14
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency shall
considcr the application(s) at a Public Hearing, along with the staffreview board's
recommendation, and recommend that the City Commission approve, approvc with
modifications (text only), or deny the application for transmittal to the Department of
Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors
considered by the staff review board. The LPA shall hold at least onc (1) public hearing prior to
making its recommendation to the City Commission.
CHRONOLOGY:
May t 3, 2002-City Commission adopted Ordinance 2001-55 adopted the EAR-based plan
amendments to the Comprchensive Plan.
Mar. 24, 2005- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Apr. 5, 2005- LP A heard the request and made a recommendation of approval for Drd. 2005-12.
Apr. 14,2005- Public Noticing in the Orlando Sentinel of City Commission Transmittal Hearing
Apr. 25, 2005- Commission postponed action WItil May 9, 2005, preserving advertising
CONSIDERATIONS:
The City of Winter Springs is the Applicant seeking the Comprehensive Plan Tcxt Amendment
to the Future Land Use Element and the Conservation Element. The amendment addresses
discrepancies between what is currently required and what the St. John's River Water
management district (SJRWMD) will mitigate.
The languagc requiring a 25-foot upland buffer adjacent to wctlands was included in the
Conservation Element and the Future Land Use Element when the City adopted the EAR-based
plan amendments to the Comprehensive Plan in May 2002.
According to minutes from the workshops, transmittal hearing, and the adoption hearing, the City
had quite a bit of discussion related to this item. (Minutes from discussions relating to the
adoption of this text is included as Attachment B.)
A 'buffer' is an upland area adjacent to a wetland, which is required as a means of protecting the
wetland and wetland species from the detrimental impacts of development or alteration. The
purpose ofthe buffer is to reduce secondary impacts to wetlands (as stated in the SJRWMD's
Applicant's Handbook: Management and Storage of Surface Waters). Secondary impacts to a
wetland will not be consldered adverse, ifbuffers are provided "abutting those wetlands that will
remain under the permitted design".
In cases where a wetland is unavoidably impacted by development, 'mitigation' is required. 'I\1itigation'
is the process required to compensate for wetlands which are directly impacted by development.
'Non-mitigated wetlands are those wetlands which are not directly impacted by the proposed
development; Wetland buffers protect against secondary impacts.
May 9, 2005
Public Hearing Item 404
Page 3 of 14
The proposed text revision retains the 25' uplanu wedand buffer, except when a wedand is impacted
directly by development, requiring mitigation.
The SJRWMD does not allow wetlands to be impacted more (a greater primary impact) inorder
to provide protection from secondary impacts (by an upland buffer). The proposed text
amendment clarifies that the upland wetland buffer is for those wetlands that are not being
mitigated.
Current buffer criteria under the SJRWMD is a minimum width of 15' and an average width of
25' for upland wetland buffers. The SJRWMD also allows an applicant to propose buffers that
do not meet the deseribed dimensions, buffers of different dimensions, measures other than
buffers, or to provide information including the required reasonable assurance. The proposed
text amendment retains the City's more conservative policy of requiring a 25' buffer.
FINDINGS:
(1) The proposed amendment will have no cffect on the city's budget, or thc economy of the city
or the region;
(2) The proposed amendment will not diminish the level of service (LOS) of public facilities;
(3) There will be a continued favorable impact on the environment of the city as a result of the
proposed amendment;
(4) The proposed amcndment is consistent with the goals, objectives, and policies of the State
Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central
Florida Regional Policy Plan, adopted by Rule 29F-19.00l, Florida Administrative Code is no
longer required as this rule was repealed;
(5) The proposed amendment does not affect the cost/effecli ve use of or unduly burden public
facilities;
(6) The proposed amendment does not affect compatibility with surrounding neighborhoods and
land use;
(7) The proposed amendment will not cause the comprehensive plan to be internally
inconsistent. The amendment addresses discrepancies between what is currently required and
what the SJRWMD will mitigate.
(8) The proposed amendment will not adversely affect the public health, safety, welfare,
economic order, or aesthetics of the city or region; and
(9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida
Administrative Code.
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board! Local Planning Agency on April 5,
2005, the Board held a Public Hearing and recommended "Approval" to the Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading and
Transmittal of Ordinance 2005-12, a Large Scale Comprehensive Plan Text Amendment
(referenced as LS-CPA-05-07), to the Department of Community Affairs, based on the Findings
enumerated above.
May 9, 2005
Public Hcaring Item 404
Page 4 of 14
IMPLEMENTATION SCHEDULE:
May 9, 2005- Transmittal Hearing for Large Scale Cornprehenslve Plan Text Amendment to the
Transportation Element and the Future Land Use Element (Ordinance 2005-12)
May 12, 2005- Transmittal to DCA
Aug. 8,2005- Anticipated Adoption Hearing Date
ATTACHMENTS:
A. Minutes from Adoption of Comprehensive Plan
B. SJRWMD Applicant's Handbook: Management and Storage of Surface Waters
C. Unapproved Minutes from P&Z/LP A Meeting of AprilS, 2005
D. Ordinance 2005-12
COMMISSION ACTION:
May 9, 2005
Public Hearing Item 404
Page 5 of 14
ATTACHMENT A
Minutes from Adoption of Comprehensive Plan
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETlNG
MAY6,2002
PUBLIC HEARINGS
A. Community Development Department
Requests The City Commission Consider The Objections, Recommendations And Comments
(ORC) Report Received From The Department Of Community Mfairs (DCA) Aod The
Recommendations Of Land Design hmovations (LDI) For The Evaluation And Appraisal Report
(EAR) Based Amendments To The Comprehensive Plan.
***
Discussion next encompassed wetland buffers.
Commissioner McLeod returned 10 the Commission Chambers at 8:02 p.m.
Tape21SideA
Objective 1.4 was discussed next which included discussion on the minimum required for buffers.
Ms. Tyjseski stated, "The second one is the one that you had as .1, now is .2 - the 15 and 25."
Commissioner Blake asked Ms. Tyjseski, "When did we add - in the language to go down to fifteen
feet (15'), because it doesn't show up in either one of my areas, and I don't recall doing that." Mr.
McDonald commented, "These changes are the result of either directives from the series of
Workshops, because this was the copy of the Comprehensive Plan that was transmitted to DCA
[Department of Community Affairs], and this is in fact a copy that was reviewed, upon which the
ORC Report is based." Commissioner Blake stated, "I've got to tell you, I would like to see the
Minutes to find out when that occurred. 1 was here for every one of those Meetings and I don't
remember adding a provision to go down to fifteen feet (15'). In fact, I think ifit would have been
discussed, that there would have been some opposition to that from this Commission." Additionally,
Commissioner Blake asked, "How did this get in there."
Mr. McDonald advised Commissioner Blake, "We will be happy to produce the Minutes to clarify
any oversights." Members of the Commission briefly discussed this with Mayor Partyka stating,
"Let's look it up in the Minutes." Then Mayor Partyka inquired, "Does this Commission agree with
the twenty-five (25)?" Commissioner Martinez stated, "Yes." Furthermore, Commissioner Martinez
spoke on the wetlands and the acquifer and stated, "I think twenty-five feet (25') is the minimum we
should establish as a rule." Mayor Partyka summarized that "Right now. this Commission is saying
twenty-five (25) minimum is what they want."
May 9, 2005
Public Hearing Item 404
Page 6 of 14
ATTACHMENT A
Minutes from Adoption of Comprehensive Plan
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
SEPTEMBER 25, 2001
A. Community Development Department
Requests That The City Commissiou And Local Planning Agency (LPA) Condnct A Workshop
To Review The Recommendations OrLand Design Innovations (LDl) For The Evaluation And
Appraisal Report (EAR) Based Amendments To The Recreation And Open Space,
Conservation And Solid Waste Elements Of The City Of Winter Springs Comprehensive Plan.
***
A brief overview of the Conservation Element was given by Ms. Wimer who stated, "We have
suggested changing the minimum - upland buffer from fifteen (15) to twenty-five feet (25) feet
for wetlands and that's as defined by the St. Jo1m's Water Management District."
***
Discussion ensued rcgarding upland buffers.
Commissioner Michael S. Blake asked, "Don't we already have a provision or wouldn't the newly
revised Comp Plan have provisions for mitigation that would allow if the current or existing
wetlands was less than twenty-five (25) feet and they wanted to still build there that they could usc
some sort of mitigation to retain a twenty-five (25) foot buffer? In other words, there are other
options."
Attorney Buak stated, 'This particular Policy that we're talking about, and it's Policy 1.4.1, I believe
it is stronger than the eurrent Policy that we had in this proposed Comp Plan." Commissioner Blake
inquired, "What is the current Pollcy, how is it listed? - Is there a buffer required at all?" Attorney
Buak responded, "Twenty-five (25) feet." Attorney Buak then explained, "Vegetative wetland buffer
of twenty-five (25) depending upon site conditions, shall be maintained between all structures in a
wetland jurisdiction..." Commissioncr Blake stated, "So the words 'Depending upon site
conditions.'" "That's true. It's in the current one," stated Attorney Buak. Commissioner Blake
stated, "Okay, and the elimination of that individual phrase makes the new Policy more stringent."
"Yes," stated Attorney Buak.
Commissioner Blake said, "Because the new Policy states, or would state the City shall require
within its Code of Ordinances, minimum upland buffers for wetlands as defined bySt. John's Water
May 9, 2005
Public Hearing Item 404
Page 7 of 14
ATTACHMENT A
Minutes from Adoption of Comprehensive Plan
Management District. Which may also be more prescriptive because now we're creating a defInition
of what an upland buffer is by reference to St. John's rules to be at least twenty-five (25) feet from
the edge of the wetland. I would agree that this new language does sound more restrictive ~ this still
does not take away the opportunity for a landowner to provide some sort of mitigation to allow
development closer to where an existing wetland is than twenty-five (25) feet. And through
mitigation, still preparing a buffer of twenty- five (25) feet while providing mitigation elsewhere, may
be on-site or off-site. That opportunity would exist under this."
Attorney Buak stated, "I believe it docs, but this particular Policy will provide for a potentially
stronger challenge for consistency. And - it was our recommendation that perhaps we could loosen
up the language just a little bit to provide that the LDR's would provide specific characteristics. And
there were three (3) characteristics that the City Attorney had provided previously. They would be
'The buffer should be reduced or eliminated as part of a mitigation plan that is approved by the 8t.
Jo1m's Water Management District;' 'The City must determine that the site conditions reasonably
support the reduction or elimination;' and the third would be, 'That any determination by the City to
reduce or eliminate the wetland buITer must be consistent with the overall 'Goals, Objectives and
Policies of the Comp Plan.'"
Commissioner Blake said, "Commission, I do not like that language. I am in favor of keeping Policy
1.4.1 exactly as it's stated here. I think therc are other provisions in the plan that would provide for a
developer or a landowner to alter their plans somewhat. To still provide for the buffer and provide
them use of the property, and still protect the wetlands and other areas through mitigation if that's
what's required. But I would not be in favor of that language that was just read."
***
May 9,2005
Public Hearing item 404
Page 8 of 14
ATTACHMENT A
Minutes from Adoption of Comprehensive Plan
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
MAY 13,2002
***
'PUBLIC HEARINGS
E. Community Development Department
Requests The City Commission Consider The Objections, Recommendations And Comments
(ORe) Report Received From The Department Of Commnnity Affairs (DCA), Along With
The Recommendations Of Land Design Innovations (LDI) And Adopt The Evaluation And
Appraisal Report (EAR) Based Amendments To The Comprehensive Plan.
Mr. McDonald introduced this Agenda Item.
Discussion followed on twenty~five foot (25') buffers.
"I AM ONLY TALKING IN REGARD TO THE SPECIFlC QUESTION OF A TWENTY-
FIVE FOOT (25') BUFFER ON WETLANDS - I WOULD MAKE A MOTION THAT WE
RETAIN THE LANGUAGE AS IT ALREADY WAS AND WE DIRECT STAFF TO DO
SOME WORK AND BRING US BACK A PROPOSED TEXT AMENDMENT FOR -
SECOND ROUND OF 2002 FOR SOME ALTERNATIVE SOLUTIONS THAT WOULD
GRANT US Fl,EXABILITY IN AREAS THAT WOULD - PROTECT WETLANDS THAT
OTHERWISE MIGHT BE DESTROYED." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
May 9, 2005
Public Hearing item 404
Page 9 of 14
ATTACHMENTB
S1. John's River Water Management District
Applicant's Handbook: Management and Storage of Surface Waters
Secondary impacts to the habitat functions of wetlands associated with adjacent upland
activities will not be considered adverse if buffers with a minimum width of 15' and an
average width of 25' are provided abutting those wetland that will remain under the
permitted design, unless additional measures are needed for protection of wetlands used by
listed species for nesting, denning, or critically important feeding habitat. The mere fact
that a species is listed does not imply that all of its feeding habitat is critically important.
Buffers shall remain in a undisturbed condition, except for drainage features such as
spreader swales and discharge structures, provided that construction or use of these
features does not adversely impact wetlands, Where an applicant elects not to utilize
buffers of the above described dimensions, buffers of different dimensions, measure other
than buffers, or information may be proposed to provide the required reasonable
assurance.
May 9, 2005
Public Hearing Item 404
Page IOofl4
ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
pLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
APRIL 5, 2005
(RESCHEDULED FROM APRIL 7, 2005)
PUBLIC HEARINGS
403. Community Development Department - Planning Division
Requests The Planning And Zoning BoardlLocal Planning Agency Hold A Public Hearing
For Ordinance 2005-12, A Large Scale Comprehensive Plan Text Amendment (Referenced
As LS-CPA~05-07) Which Amends The Conservation Element And The Future Land Use
Element Relating To Upland Wetland Buffers.
Ms. Sahlstrom presented this Agenda Item and distributed a copy of the Ordinance to the Board Members.
Discussion.
Ms. Sahlstrom stated, "We do have this Comprehensive Plan Citizen Courtesy Information list that's out
on the table - so if any of the public are here for a particular Agenda Item - Largc Scale Comp Plan
Amendments if you want to be kept in the loop by the State, if you would put your name and address on
there, we do attach this form when we transmit it to the State and the same form will be available at the
Public Hearing before the Commission as wcll, but there's one of these for each of tonight's Comp Plan
Amendments."
Chaimwn Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chainnan Poe closed the "Public Input" portion of this Agenda Item.
Discussion.
"I MAKE A MOTION THAT THE PLANNING AND ZONING [BOARD]ILOCAL
PLANNING AGENCY RECOMMEND ADOPTION TO THE CITY COMMISSION
RELATED TO THE ORDINANCE 2005-12 OF THE LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT REFERRED AS LS-CPA-05-07 BASED ON
THE FINDINGS ENUMERATED ABOVE." MOTION BY BOARD MEMBER BROWN.
SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: AYE
CHAIRMANPOE: AYE
BOARD MEMBER VOSKA: AYE
BOARD MEMBER TILLIS: AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
May 9, 2005
Public Hearing Item 404
Page 11 of14
ATTACHMENT D
Ordinance 2005-12
ORDINANCE NO. 2005-12
AN ORDINANCE OF THE ClTV OF WINTER SPRINGS,
SEMINOU: COIINTV, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING F'ORTIJ AND
AI)OPTING A LARGE SCALE COMPREHENSIVE PLAN
TEXT AMENDMENT, RF:FERENCEI) AS LG-CPA-05-07,
WHICH SHALL AME'II) TilE COMPREIIENSIVE PLAN
RELEVANT TO TilE CONSERVATION ELEMENT AND
THE FUTURE L\NI) USE ELEMENT; CLARIFYING TIlE
PLAN'S INTENT WITIl REGARD TO WETLANI) UPLAND
BUFFERS; PROVIDLNG FORT~NSMITTAL OF THE PL~N
TO TilE DEPARTMENT OF COMMUNITV AFFAIRS;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDLNANCES ~NDRESOLUTIONS; SEVERABILITV; AND
AN EFFECTIVE DATE.
WHEREAS, section 1633J61 et. seq., Florida Statutes, established the Local Government
Comprehensive PlwUling and Land Development Rcg1..1lation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHERI<:AS, the SI. Johns River Water Management District C'SJRWMD") does notalJow
wetlands tl.1 be re<fuceri for the purpOllC of providing fur uplands; and
WHEREAS, the City of Winter Springs' Comprehensive Plan Future Land Use and
O;mscr\'ation Element!:' require clarification regarding upland wetland buffers in order to reflect
SJRWMD'spolicy; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held aduly noticed
public hearing, in accordance with the procedures in chapter 163, Florida Statutes, on the proposed
Comprehensive Plnn amendments and considered fmdings and advice- of &1aff, citizens, and all
interested parties submiuing written and oml comments and ha-Ii rccom~ndcd adoption to the City
Commission; and
WI-IEREAS, the adoption ofthis Comprehensive Plan Tcxt Amendment, is consistent with
the Goals, Objectives and Policies ofthe City's adopted Comprehensive Plan; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
Cil)" uf Winkr SpJiuG$
Ordinan<:eNo, 2005-12
Page I of 4
May 9, 2005
Public Hearing Item 404
Page 12 of 14
ATTACHMENT D
Ordinance 2005-12
the requirements of the Local Government Comprehensive Planning and Land Development
Reb'1.dlltion Act and tbe amendments 1lI'C in the best interests of the public health, safety, and welmrc
of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF TIJE CITV OF WINTER
SPRINGS, IIEREBV ORDAINS AS FOLLOWS'
Section I. R('(it.lIs. The foregoing recitals are true and COlTcct and are fully
incorporated herein by this reference.
Section 2. Authority, This Ordinance is adopted in compliance with, and pursuant
to, the Local Government Comprehensive Planning and Land Development Regulations Act,
sections 163.3184 and 163,3187, Florida Statutes.
Section 3. Purpose and Intenr. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update. modify and otherwise furtherthc provision.s ofthc City
n[Winter Springs' Comprehensive Plan.
Sl'ction 4. Adoption of Amendments to Compn~hensive Plan, The City (If
Winter Sprin~ Comprehcn:;;ivc Plan, Future Land Use Eleneni Policy 1.2,13, and Conservation
Element Policlcs 1.4.2 and 1.4,3 are amended a~ follows: (Wlderlined type indicates additions and
~tl ik;vl.ll t)pC indicates dcletkms),
FurURE LA'\ID USE ELEMENT
FlI/ure Lau!! Use EJemnl/." PoliL)' 1.1. 13:
It'L1laJld Huffel7'i._The minimum vegetative cover buffer required upland from a IlOn-mitieatcd
wetJand is twenty~fivc (25) feet.
CO."lSERVATION ELE:\IENT
(ouseTl'iltiott l::.1emettt <~ Policy 1.4.1:
By Jl111uMy 2003, tThe city shall require within itsCodeofOrdinanccs minimwu upJand buffers for
non-mitigated wetlands, "" J...G"....d l.,. 11.... SL Jul.H1~ R;~Q Watel Mm.l11get1lent D;l>hi"t, ro be a
minimum oftwenty~tlvc feet (25') from the edge of the wetland (as defined by the St, Johns River
Water Mana2cmCllt District).
COllwrl'lltitm J:.:Jemellt '" PI1lidJ' 1.43:
Additional upland buffers may be required to ensure the preservation of natural systems, and their
City of Winter Sprillp
Ordinance No. 2005-12
l'age2of4
May 9, 20U5
Public Hearing Item 404
Page 13 of 14
ATTACHMENT D
Ordinance 2005-12
possiblc usc for lrcatl.::d l.::ff1ucnt disposal and stormwatcrmanagemcnt systems. Such standards shall
be included within Code ofOrdinanccs h Janual')' 2003.
Section 5. Repeal of Prior lnconsistl'nt OrdinllllC('s and R{'sollltions. AU prior
inconsistent ordinances and resolutioos adopted by the City Commi~~ionl or part'l of ordinances and
resolutions in conflk1 herewith, are hereby repealed to the extent of the conflict.
Section (I. Scvcl'abiiit)-. If any section, subsection, sentence, clause, phrase, word or
prm;sion of this Ordinance is for any reason held invalid or nncon~1ilnlional by any CQurt of
competcntjurisdiction, whethcr for substantive, procedural, or any other reason, sueh portion shaH
be deemcd a separate, distinct and independcut provision, llnd such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 7. Incorpm'ation into COlllllrchellSi\'"l' Plan. Upon the effective-date of the
Comprehensive Plan Amendments adopted by this ordinance, said Amendments shall be
incorporaled into the City of Winter Springs C-Omprehensive Plan and any section or pamgraph
number or letter md any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8. Eff<<tivc Date and Legal Status ofthe Plan Amcndrnc-nls. The effuctive:
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a 6nal
()fder is issued by the Florida Department (}fCommunity Affairs, or the Administration Commission
finding the Amendments ill compliance with section 163.3184, Florida Statutes. No development
orders, development permits, or land use depcndent on these Amendment:, may be issued or
l.~onunern;\~d before the amendments become efterovc. If a final order of Iloncompliance is issued
by the Administration Commission, the Amendments may nevertheless be made efrectivc by
adoption of a resolution affirming its effective status. After and from the effective date of these
Amendments, thc Comprehensive Plan Amendments sd forth herein shall amend the City of Winter
Springs Comprchensive Plan and become a part of that plan and the Amendments shall have the
legal status of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting flSsembled on the _ day of ,2005
John F', Bush, Ma)'or
ATTEST:
Andl"Cn Lorcnzo~Lul1ces, City Clerk
CityofWinterSpring5
OrdillllllccNo.200S..,12
Page 3 of 4
May 9, 2005
Public Hearing Item 404
Page 14 of 14
APPROVED AS TO L~:GAL FORM AND
SUFFICIENCY FOR THE CITY Of'
WINTER SJlRINGS ONL Y:
..-..
Antlulll)' A, GlIrgllnese, Of)' Attorney
First Reading:
Second Reading:
Effective Date:
Cir)'QfWiNcr sprinas
OrdilllUl~~ N",]:OO5--J]:
Pa~e4...f 4
ATTACHMENTD
Ordinance 2005-12