The URL can be used to link to this page

Home My WebLink About2003 06 09 Public Hearings A Second Reading - Ordinance 2003-17 Repealing Winter Springs Code Section 20-59 COMMISSION AGENDA June 9. 2003 Meeting Consent Information Public Hearinl! X Regular ITEM A MGR. ~ IDe!,t. Iff REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for second reading of Ordinance 2003-17, repealing Winter Springs Code Section 20-59. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for 2nd reading of Ordinance 2003-17, repealing Winter Springs Code Section 20-59. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041: (Procedures for adoption of ordinances and resolutions.) Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances) Winter Springs Division 2. Planning and Zoning Board. Section 20-59. Recommendations (Includes subsequent actions of the City Commission relating to the recommendations of the Planning and Zoning Board) CHRONOLOGY: May 07, 2003- At the regular meeting of the Planning & Zoning Board, the Board unanimously recommended Approval of Ordinance 2003-17. May 27, 2003- 1 sl Reading by City Commission May 29,2003- Public Noticing in Orlando Sentinel, 10 days prior to 2nd Reading! Adoption June 09, 2003- 2nd Reading! Adoption FINDINGS: Article II Administration, Division 2 of Chapter 20, Zoning, specifically addresses the fAA ~ June 9, 2003 Public Hearing Item A Page 2 creation of the Planning and Zoning Board and the Board's duties. Section 20-59 of the Code defines recommendations required of the Planning and Zoning Board which are inconsistent with current State law. Section 20-59 of the Code conflicts with other sections of the Code related to noticing of City Commission Public Hearings. This section of the Code should be repealed. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for second reading/adoption of Ordinance 2003-17, repealing Section 20-59 of the Winter Springs' Code. ATTACHMENT: A- Excerpts from Minutes of Planning & Zoning Board Meeting, May 7,2003 B- Ordinance 2003-17 COMMISSION ACTION: June 9, 2003 Public Hearing Item A Page 3 ATTACHMENT A- Excerpts from the Minutes of Planning & Zoning Board May 7, 2003 CITY OF WINTER SPRINGS MINlJTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MAY 7, 2003 PAGE 7 OF 9 ~ e;; I ~ ~ s AND THAT THE NEW PURCHASER WILL BE ALLOWED TO HAVE THE SAME USES OF THE PROPERTY UNLESS IT IS AGAIN ABANDONED FOR A TWELVE (12) MONTH PERIOD." SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION. VOTE: BOARD MEMBE;a FERNANDEZ: AYE BOARDMEMBERKARR: AYE CIIAIRMAN BROWN: AYE MOTION CARRIED. "I'LL MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT ON THIS SITE NUMBER 4, THE VOSKA PROPERTIES, LOTS 1-6, BLOCK B, JOHNSON POULTRY FARMS, PLAT BOOK 6, PAGE 8 THAT WE CHANGE THE FUTURE LAND USE MAP (FLOM) DESIGNATION FROM COUNTY 'COMMERCIAL' TO WINTER SPRINGS 'COMMERCIAL', AGAIN BASED ON THE FACT THAT IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, THAT IT IS. COMPATIBLE WITH THE SURROUNDING USES OF THE PROPERTY, AND THOSE FINDINGS AS lTERATED ON ROMAN NUMERAL In, PAGE 7 OF THE MATERIALS PROVIDED TO US AND AGAIN BASED ON THE - OPINION OF THE CITY ATTORNEY THAT THE PROPERTY IS GRANDFATHERED IN FOR ITS CURRENT USES UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE (12) MONTHS AND IT CAN IN FACT BE TRANSFERRED OR SOLD OR EXCHANGED WITH THE EXISTING USES AGAIN UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE (12) MONTHS." MOTION BY BOARD MEMBER FERNANDEZ. SECQNDEDBY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARDMEMBERKARR: AYE CHAIRMAN BROWN: AYE BOARD MEMBER FflRNANDEZ: AYE MOTION CARRIED. REGULAR c. lt~eommeDdad()n Regarding Ordinance 2003-17 Repealing Section 20-59. Of TbeWinter Spring_ Code. Ms Sahlstrom presented this Agenda Item. j i )'\~ Q~'Y CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 7. 2003 P AOE 8 OF 9 "I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY REPEAL THOSE PERTINENT PROVISIONS OF WINTER SPRINGS CODE SECTION 20-59." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE MOTION CARRIED. Chairman Brown welcomed a Winter Springs High School student for attending the Meeting. IV. FUTURE AGENDA ITEMS Ms. Sahlstrom said that at the next Meeting, June 4, 2003, there will be a Future Land Use and Rezoning Application for the Board's consideration. Tape 2JSide B v. REPORTS Ms. Sah1strom reiterated that she will extend an invitation to the City Attorney to attend next month's Meeting. VI. ADJOURNMENT I = ~ ~ .i9 "I MOVE THAT WE ADJOURN." MonON BY BOARD ME~IBE~-...~----'_. SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION. WITH CONSENSUS OF TOE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. j~~~ fj1': June 9, 2003 Public Hearing Item A Page 4 ATTACHMENT "B" Ordinance 2003-17 May 27, 2003 Public Hearing Item C . Page 4 ATTACHMENT "B" blCAJl'l' 5-J-oJ ORDINANCE NO. 2003-17 '. ,.- AN ORDINANCE OF THE cm COMMISSION OF TIlE CITY OF WINTER SPRINGS, FLORIDA, REPEALING WJNTER SPRINGS CODE SECfION 20.59 GENERALLY RELATING TO PLANNING AND ZONING' BOARD RECOMMENDATIONS; PROVIDING FOR TilE REPEAL OF PRIOR INCONSISTENT ORDINANCES ANn RESOLUTIONS; PROVIDING 'FOR INCORPORATION INTO THE CODE; P~OVIDING FOR SEVERABlLITV;,AND PROVIDING FORAN EFFECTIVE DATE~ WHEREAS, upon recommendation of the Planning and Zoning Board, the City Commission of the City of Winter Springs. Florida. hereby fmds that Section 20-59 cfthe Winter Springs Cooe shOuld be repealed in its entirety because it is inconsistent with state law and unduly burdensome; and WHEREAS, it is in the best interests of the public health, safety. and welfare of the citizen!: of Winter Springs to repeal Section 20-59 of the City Code. ' NOW. THEREFORE, TIlE CITY COMMISSION OF THE CITY OF WINTER SPRINGS . HEREBY ORDAINS, AS FOLLOWS: Section t. Rtcitals. The foregoing recitals ,are hereby incorporated herein by this reference. __It Division 2. Planning and Zoning Board 1IlIff See. ie-59. R<<6mm~tiolls. TIle recomn~ndations of the planning and zoning boAtd to the at) GOfUmission shail' be in yvritit~ and ill duplicatt, MId shaH sMW the estintlltod cost and tile ~~ed method Of hlethods1)f ''\\"~-~.....,. Chy of Winter Springs OrdinAnce No. 2003.17 Page 1 of 3 ben~ DY; ~HUWNJWAHU,~AL~MAN&Wclo~,~.A.j 407 425 9596j May-2-03 5:43PMj Page 3/4 :;::~~~~~~~...~~......,....;;~:~:;=\ :: ~=:'~:U...~.~l~~~ ~~~-':-"""dhl$ ~~~~~ ;,~=:::,:: :;2f=2~;:;~~~~~"Ei2~~ 5:0~i;~':;~d~~~~5i~;= ~w~~~;;;~.;~~.I,;~~pm.:;:d::e:.:;= rCXOllqnendatlou~ Md. the eOlttIdtSslon'.s clctJon notc.d thertun. DMFT 5-1-0J Section 3; Repeal of Prior Inconsistent Ordinances and Resolutions. AU prior inconsistent ord.inances and resoJutions adopted by the City Commission, or parts of prior 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 Jetter and any heading may be changed or modified as necessary to efFectuate the foregoing. Section 5. SeverabiUty. {fany 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 afIect the validity of the remaining portions of this Ordinance. Sedion 6. Effective Date. This Ordinance shall become efiective immediately upon adoption by the City Commission o(the City ofWmterSprings, Florida, and pursuant to City Olarter. ADOPTED by the City Commission of the City. of Winter Springs, Florida, in a regular meeting assembled on the ~ day of . . 2003. AlTEST: CJIT OF WINTER SPRINGS, FLORIDA JOHN F. BUSH Mayor ANDREA LORENZo..LUACES City auk City of Winter Springs Ordinance No. 2003.17 Page 2 of 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Approved as to legal form aod sufficiency for tbe City of Winter Springs only: ANTHONY A. GARGANESE City Attorney Fint Reading Posted Second Reading and Public lIearlu2 Jl:\Doa\CItf.,t Wlqlcr SPl'lJllll~rdln."ca\R'Ptal_20.511.,""" Cily of Winter Springs Ordinante No. 2003-17 Page) of 3 May-2.03 5:43PM; Page 4/4 DRAFT 5.2-03