HomeMy WebLinkAbout2012 09 24 Public Hearing 502 Chapter 15 Update - Ordinance 2012-16COMMISSION AGENDA
ITEM 502
Informational
Consent
Public Hearings
X
Regular
September 24, 2012 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department — Planning Division requests that City
Commission hold a Public Hearing for First Reading of Ordinance 2012 -16, amending
the City's Code of Ordinances, Chapter 15 to update planning regulations in light of House
Bill 7207.
SYNOPSIS:
The "Community Planning Act/HB 7207" was signed into law by Governor Scott on June
2, 2012, and is now in effect. This landmark legislation significantly limits the role of state
agencies and shortens the time needed to process plan amendments. Rule 9J -5, Florida
Administrative Code, was repealed, but limited portions were incorporated into the new
statute. The twice - per -year limitation on large -scale plan amendments was repealed,
providing local governments flexibility in the processing of amendments and thereby
reducing the time needed to obtain approvals. Local governments must now adopt plan
amendments (except those related to DRIB) within 180 days of receiving agency comments
or the amendment is deemed withdrawn.
CONSIDERATIONS:
APPLICABLE LAW AND PUBLIC POLICY
Section 2 (b), Article VIII, of the State Constitution.
Florida Statute 163.3194 Legal Status of Comprehensive Plan
Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land
Development Regulatory Authority
Florida Statute 163.3184 (3) & (5) Expedited State Review Amendment Process.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Public Hearings 502 PAGE 1 OF 2 - September 24, 2012
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 15, Planning.
Winter Springs Comprehensive Plan
Ordinance 2012 -16 highlights proposed changes to Chapter 15, Planning, of the City of
Winter Springs Code of Ordinances as a result of adopted legislative changes per House
Bill 7207 (as depicted within Attachment "A ").
FISCAL IMPACT:
Ordinance 2012 -16 amends the City's Code of Ordinances, Chapter 15 to update planning
regulations in light of House Bill 7207. There is no immediate fiscal impact directly
associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The City Attorney, the Planning and Zoning Board, and the Community Development
Department — Planning Division recommend that the City Commission hold a Public
Hearing for First Reading of Ordinance 2012 -16, amending the City's Code of Ordinances,
Chapter 15 to update planning regulations in light of House Bill 7207.
ATTACHMENTS:
A. Draft Ordinance 2012 -16
B. Minutes, September 11, 2012 Planning & Zoning Board meeting
Public Hearings 502 PAGE 2 OF 2 - September 24, 2012
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 15 PLANNING;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in Martin County v. Yusem, 690 So. 2d 1288 (Fla. 1997) and Coastal
Development of North Florida, Inc. v. City of Jacksonville Beach, 788 So. 2d 204 (Fla. 2001), the
Florida Supreme Court held that comprehensive plan decisions made by local governing bodies
are legislative acts; and
WHEREAS, during the last two years, the Florida Legislature has made significant and
numerous changes to the Florida's comprehensive planning laws, which are now known as the
Community Planning Act ( "Act "); and
WHEREAS, because of these changes to the Act, the City staff and Land Planning
Agency have recommended that the City Commission update and revise Chapter 15 of the City
Code consistent with the provisions of the Act; 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 foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 15, is hereby amended as follows (underlined type indicates additions and type
indicates deletions):
Chapter 15
City of Winter Springs
Ordinance No. 2012 -
Page 1 of 8
PLANNING
Sec. 15 -1 - 15 -25. Reserved.
Sec. 15 -26. - Adopted.
The Winter Springs Comprehensive Plan_, which is officially on file in the city clerk's office and
incorporated herein and made a part hereof by reference_, is hereby adopted as the minimum
requirements for land use in the city. Duplicate copies of the official copy maintained in the city
clerk's office shall be maintained on the city's website and within appropriate city departments.
Sec. 15 -27. - Compliance.
Al development applications filed with the city shall be subject to the city's comprehensive plan
and other applicable comprehensive planning laws. No public or private development shall be
permitted except in conformity with the comprehensive plan or elements or portions thereof.
Sec. 15 -28. — Reserved. " a h °r°„ ee to ' ck «T�. X&S TV
Sec. 15 -29. - Distribution of copies.
To the extent required by law, the city manager or designee thereof shall be responsible for
transmitting the city's comprehensive plan and amendments thereof
to the state
land planning agency and other appropriate reviewing a encies.,
Sec. 15 -30. - Authority, purpose and intent.
The city commission of Winter Springs shall have the sole authority to amend or supplement the
comprehensive plan in accordance with the planning laws of the state of Florida. JT This
.
article is enacted to establish the procedures for processing amendments to the city's
comprehensive plan
:will 1AP-
. This article is also intended to implement the relevant requirements of planning
laws of the state of Florida ,
Said requirements shall govern in the case of any conflict between the
City of Winter Springs
Ordinance No. 2012 -
Page 2 of 8
T 4A
Sec. 15 -29. - Distribution of copies.
To the extent required by law, the city manager or designee thereof shall be responsible for
transmitting the city's comprehensive plan and amendments thereof
to the state
land planning agency and other appropriate reviewing a encies.,
Sec. 15 -30. - Authority, purpose and intent.
The city commission of Winter Springs shall have the sole authority to amend or supplement the
comprehensive plan in accordance with the planning laws of the state of Florida. JT This
.
article is enacted to establish the procedures for processing amendments to the city's
comprehensive plan
:will 1AP-
. This article is also intended to implement the relevant requirements of planning
laws of the state of Florida ,
Said requirements shall govern in the case of any conflict between the
City of Winter Springs
Ordinance No. 2012 -
Page 2 of 8
provisions of this article _.____ :__Wr
Sec. 15 -31. - Initiation of amendments.
Any person (or duly authorized agent thereof) affected by the city's comprehensive plan may
request consideration of an amendment to the comprehensive plan and shall submit the appropriate
information and supporting data and anal to the city manager for h�s designee thereof), on an
application provided by the city, and pay a fee established by resolution or ordinance by the city
commission from time to time.
Sec. 15 -32. - Application deadline.
Unless otherwise provided by law, there is not set schedule for submitting comprehensive plan
applications. However, to the extent deemed appropriate by the city manager to facilitate an
orderly and thorough review of comprehensive plan applications, the city manager is hereby
authorized to establish an administrative schedule for the city to receive and process
comprehensive plan applications. If a schedule is established, comprehensive plan applications
shall be required to meet the scheduling deadlines established by the city manager as if said
schedules are set forth in this article. No provision of this article shall be construed in any manner
to limit or prohibit the city commission from initiating a comprehensive plan amendment at anY
time in accordance with law.
Sec. 15 -31 — Reserved..
City of Winter Springs
Ordinance No. 2012 -
Page 3 of 8
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City of Winter Springs
Ordinance No. 2012 -
Page 3 of 8
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Sec. 15 -34. - Reserved.
Sec. 15 -35. - Review procedure.
(a) Sufficiency. After receipt of the application to amend the comprehensive plan, the city
manager (or his designee) will examine the application for sufficiency, and if necessary, request
that the applicant supply additional information which is deemed required by the city manager (or
his designee). Each applicant shall be required to provide the necessary data and analysis, as
=� 1% ji ll� 1F �,a b., QT i i nn�� � � .r.� in support of the proposed amendment.
(b) As soon as practical after the application is determined sufficient, the community development
n00r,a;rA+„r director shall schedule an application conference to discuss the proposed amendment
with the applicant and the appropriate city staff.
(c) Staff review . Once the application is deemed sufficient, and an application conference
has been held, the staff ri shall conduct a more formal review of such application and
shall prepare and send a written staff report with a recommendation to the city's local planning
agency (LPA) to deny, approve, or approve with modification (text only) the application. Said staff
report shall be submitted to the LPA and each applicant no later than ten (10) business days prior to
the LPA public hearing at which the proposed amendment(s) will be considered.
(d) Each amendment application shall be considered separately, but will be analyzed with all
other applications submitted in the scheduled time period for their cumulative effects.
(e) This section shall not apply to administrative amendments initiated by the city.
Administrative amendments shall processed in a manner deemed in the city's best interests and in
accordance with the requirements of law.
City of Winter Springs
Ordinance No. 2012 -
Page 4 of 8
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Sec. 15 -34. - Reserved.
Sec. 15 -35. - Review procedure.
(a) Sufficiency. After receipt of the application to amend the comprehensive plan, the city
manager (or his designee) will examine the application for sufficiency, and if necessary, request
that the applicant supply additional information which is deemed required by the city manager (or
his designee). Each applicant shall be required to provide the necessary data and analysis, as
=� 1% ji ll� 1F �,a b., QT i i nn�� � � .r.� in support of the proposed amendment.
(b) As soon as practical after the application is determined sufficient, the community development
n00r,a;rA+„r director shall schedule an application conference to discuss the proposed amendment
with the applicant and the appropriate city staff.
(c) Staff review . Once the application is deemed sufficient, and an application conference
has been held, the staff ri shall conduct a more formal review of such application and
shall prepare and send a written staff report with a recommendation to the city's local planning
agency (LPA) to deny, approve, or approve with modification (text only) the application. Said staff
report shall be submitted to the LPA and each applicant no later than ten (10) business days prior to
the LPA public hearing at which the proposed amendment(s) will be considered.
(d) Each amendment application shall be considered separately, but will be analyzed with all
other applications submitted in the scheduled time period for their cumulative effects.
(e) This section shall not apply to administrative amendments initiated by the city.
Administrative amendments shall processed in a manner deemed in the city's best interests and in
accordance with the requirements of law.
City of Winter Springs
Ordinance No. 2012 -
Page 4 of 8
Sec. 15 -36. - Review criteria.
The recommendation of the staff ri shall be based on the following minimum factors, if
applicable:
(1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's
budget, or the economy of the city or the region;
(2) Whether the proposed amendment will diminish or negatively impact the level of service
(LOS) of public facilities;
(3) Whether there will be a favorable or unfavorable impact on the environment or the natural or
historical resources of the city or the region as a result of the proposed amendment;
(4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the
state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida
Strategic Regional Policy Plan, as amended from time to time . 00 1
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(5) Whether the city is able to provide adequate service from public facilities to the affected
property, if the proposed amendment is granted, and whether the proposed amendment will
promote the cost /effective use of or unduly burden public facilities;
(6) Whether the proposed amendment is compatible with surrounding neighborhoods and land
use;
(7) Whether approval of the proposed amendment will cause the comprehensive plan to be
internally inconsistent;
(8) Whether the proposed amendment will promote or adversely affect the public health, safety,
welfare, economic order, or aesthetics of the city or region; and
(9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191,
Florida Statutes.--
(10) Whether the proposed amendment is consistent and in compliance with law' and
(11) Whether the proposed amendment is consistent, and not in conflict, with the legislative
policy directives established by the city commission including, but not limited to, those set forth in
the city's comprehensive plan and city code, adopted master plans, economic development ,goals
and objectives, community redevelopment plans, and brownfield areas.
Sec. 15 -37. - Local planning agency review and recommendation.
City of Winter Springs
Ordinance No. 2012 -
Page 5 of 8
Prior to the city commission's consideration of the application, the LPA
shall consider the application(s) at a public hearing, along with the staff's written report and
ri 'recommendation, and recommend that the city commission approve, approve with
modifications (text only), or deny the application for transmittal to the state land planning agency
and other reviewing agencies required b X Of CE . At a minimum,
the LPA shall consider the same factors considered by the ci staff under
section 15-36 ri l bNE11%a4: .a . The LPA shall hold at least one (1) public hearing prior to making its
JIL recommendation to the city commission.
Sec. 15 -38. -City commission tirans public hearing rp ocess.
The city commission shall consider all proposed amendments in accordance with the public
hearing procedures established by law and the city commission's rules and procedures. Upon
consideration of an application and the related staff and LPA recommendations, the city
commission shall " (HF+Fst4 conduct a public hearing�s� on the proposed amendment for the
purpose of transmitting the proposed comprehensive plan amendment(s) to the T' °„ar*m °r* ^�
i2iAMMJJ:"4:%T ^ state land planning agency and other reviewing agencies as required by
%A,Xlt�- et�e. 0 XXX &6EA�'�Citlh 4763.3 184 ( � �i,,,.;a., c�.,� „�o� rri,o ,- „,t,i;,.
&q a 1pipalu SeNzefl+z� JAATQ A a Pf flA P id A AT flAAi flAP :F4:VQt AJATPf-iiQPMP:Mi iQ
The city commission may accept, reject, or accept with modifications, the city staff and LPA
recommendations. TP +Lv ,.; +P ” ,av,.;,avQ +„ +,.,,,,Q..,;+ +�.v r v,a „ v,,,a,,.v�+ + L,
],on LJL L,
Sec. 15 -39. - Advertisement of public hearing.
Public hearings shall be advertised pursuant to Florida Law.
Sec. 15 -40. — Reserved.
City of Winter Springs
Ordinance No. 2012 -
Page 6 of 8
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City of Winter Springs
Ordinance No. 2012 -
Page 6 of 8
Sec. 15 -41. - Reserved.
Sec. 15 -42. - Transmittal of adopted amendment to the state land planning agency
The city shall transmit the adopted comprehensive plan amendment to the state land planning
agency and other reviewing agencies in accordance with the requirements of law. T' °„A F*m°r* 4 i2i21JJ:"r-i1 A:Mid ii2l A:"3iT i2lflApar 11:M4 i2if L210-Al GXi2pTe;f:fJfRe;fJi i2lf GXE)NTe;f:fJfRe;J# a GXPIAPAT i:M iL 0 State tL A i L A Q :F4162 id
Sec. 15 -43. - Effectiveness of the adopted amendment.
The ordinance adopting the amendment to the Comprehensive Plan shall become effective 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 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 letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
City of Winter Springs
Ordinance No. 2012 -
Page 7 of 8
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Sec. 15 -41. - Reserved.
Sec. 15 -42. - Transmittal of adopted amendment to the state land planning agency
The city shall transmit the adopted comprehensive plan amendment to the state land planning
agency and other reviewing agencies in accordance with the requirements of law. T' °„A F*m°r* 4 i2i21JJ:"r-i1 A:Mid ii2l A:"3iT i2lflApar 11:M4 i2if L210-Al GXi2pTe;f:fJfRe;fJi i2lf GXE)NTe;f:fJfRe;J# a GXPIAPAT i:M iL 0 State tL A i L A Q :F4162 id
Sec. 15 -43. - Effectiveness of the adopted amendment.
The ordinance adopting the amendment to the Comprehensive Plan shall become effective 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 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 letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
City of Winter Springs
Ordinance No. 2012 -
Page 7 of 8
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2012 -
Page 8 of 8
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
_
SEPTEMBER I 1 2012``
(RESCHEDULED FROM SEPTEMBER 5, 2012)
CALL TO ORDER
Fi= 'tarn _faMi{1..V�
The Regular Meeting of Tuesday, September 11, 2012 (Rescheduled from Wednesday,
September 5, 2012) of the Planning And Zoning Board /Local Planning Agency was
called to order at 5:30 p.m. by Chairman William H. Poe in the Commission Chambers
of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call:
Chairman William H. Poe, present
Board Member Howard Casman, present
Board Member Bart Phillips, present
Board Member Suzanne Walker, present
Assistant City Attorney Kate Latorre, present
Chairman Poe asked for a moment of silence to remember the victims of "9111 ". The
Pledge of Allegiance followed.
Agenda Changes were addressed by Mr. Randy Stevenson, ASLA, AICP, Director,
Community Development Department who stated, "Staff would respectfully request that
Item `502', which involves an expedited State Review for a forty acre parcel in the GID
(GreeneWay Interchange District) be postponed to date certain — that date being your
next meeting on October 3, 2012. We have been contacted by them yesterday and today,
among others, that they have representation. We are wanting to undertake some
discussions with them before we move forward. So, at this point and time I'll be happy to
answer any questions."
Chairman Poe asked the Planning and Zoning Board /Local Planning Agency for
Consensus to postpone this Agenda Item and stated, "I have no problem with postponing
that." Board Member Suzanne Walker stated, "No." No objections were noted.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -- SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE 2 OF 8
CONSENT AGENDA .
CONSENT '
Zoo. Office of the City Clerk
Requesting Approval Of The June 6, 2012 Planning And zoning Board/Local
Planning Agency Regular Meeting Minutes. �-.
Chairman Poe stated "If we are satisfied with the Minutes as they are presented, the Chair
will entertain a Motion."
"I WILL MAKE THE MOTION."' MOTION BY BOARD MEMBER PHILLIPS.
SECONDED BY BOARD MEMBER CASMAN. DISCUSSION.
VOTE:
CHAIRMAN POE: AYE
BOARD MEMBER GASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used
400. REPORTS
Chairman Poe brought up the open Vice Chairperson position on the Planning and
Zoning Board/Local Planning Agency Members and remarked, "Ms. Rosanne Karr, who
served as our Vice Chair for this past year, has now left the Board. She has Term limited
out; had done a fine job while she was here. So. I called the City Clerk to ask, `Is it
appropriate for us to Appoint a Vice Chair between now and January, which is when the
normal Elections are held for Chair and Vice Chair; or do we wait until January`?' The
City Clerk informed me that, that was our decision — how we wish to handle it. So, I am
trying to get some feedback from each of you."
Board Member Howard Casman commented, "As fairly certain that no unforeseen things
happen and you'll be at every meeting, it's irrelevant whether we have a Vice Chair. You
are very punctual, your attendance is excellent. I don't know that we need one." Board
Member Bart Phillips and Board Member Walker both stated, "I concur." Chairman Poe
summarized by saying, "We will get a Vice Chair in January (2013)."
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING _._. SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5,201.2-)
PAGE 3 OF 8
Further comments .
PUBLIC INPUT
Chairman Poe opened "Public Input ".
No one spoke.
Chairman Poe closed "Public Input "
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department — Planning Division
Requests that the Planning and zoning Board hold a public hearing to consider
Ordinance 2012 -15, the update of Chapter 6, Code of ordinances, Buildings and
Building Regulation.
Mr. Bobby Howell, AICP, Planner, Community Development Department presented the
item and stated, "Chapter 6 has provisions that date back to 1974. We use this Chapter
on a daily basis in the Planning and Building Department. It refers to such stuff as
fences, screen porches, swimming pools, and accessory buildings; and those are the
things people really, typically come to the counter for the most. That's when the citizens
really, typically interact with us in regards to those types of things.
Many of the provisions in the Code are currently obsolete though and they're superseded
by the Florida Building Code, the International Property Maintenance Code, and Federal
Law, such as the Telecommunications Act of 1996. In addition to that, provisions of the
Chapter such as Accessory Buildings are kind of difficult to interpret. So, we took this as
a clean -up opportunity to do some clean -up and make it a little bit easier to understand,
not only for the Staff, but for the citizens of the City and Contractors that do business
with us."
Continuing with the presentation, Mr. Howell commented specifically on changes related
to television dish antennas, accessory buildings, and screen enclosures /rooms.
Brief discussion followed on setbacks, and property lines.
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -- SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE 4 OF 8
Chairman Poe opened "Public Input "for this Agenda Item.
No one spoke.""""
Chairman Poe closed "Public Input "for o f r t his Agenda Item. �
'I WILL MAKE THE MOTION TO APPROVE ITEM `500' AS PRESENTED BY
STAFF ". MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER
GASMAN, DISCUSSION. -�
VOTE
BOARD MEMBER GASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WADER: AYE
CHAIRMAN POE: AYE
MOTION CARRIED,
PUBLIC HEARrNGS
501. Community Development Department — Planning Division
Requests that the Local Planning .Agency review the preliminary Five --Year Capital
Improvements Program for FY 2013 through FY 2015.
Mr. Randy woodruff, AICP, Senior Planner, Community Development Department
presented the item and began by explaining "In accordance with the Comprehensive Plan,
the City annually reviews the Capital Improvements Program, basically to ensure timely
provisions of the Capital Facilities needed to maintain the level of service standards.
The program serves, basically as blueprint for future Capital Investments, but neither
appropriates funds nor authorizes projects. The biggest priority for the Capital Program
is ensuring again, facilities currently meet the adopted level of service and that they
continue to do so in the future, as growth occurs and other conditions change. with that
said, Staff is recommending that the Planning and Zoning Board approve the Preliminary
Capital Improvement Program for Fiscal Year 2013 and through 2018, as presented."
Discussion.
Chairman Poe opened "Public Input "for this Agenda Item.
No one addressed the Board.
Chairman Poe closed "Public Input" for this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE 5 OF S
Chairman Poe stated "The Chair will entertain a Motion with regard to `501', as
presented by Staff'.
"I MAKE A MOTION TO APPROVE ", MOTION BY BOARD MEMBER
WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION.
VOTE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER. WALKER: AYE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department -- Planning Division
Requests that the Local Planning Agency hold a Public Dearing to consider an
Expedited State Review, CPA - 2012- 02 -ESR (ordinance 2012 -13), changing the
Future Land Use Map designation from "Mixed Use" to "Greenaway Interchange
District" and "Conservation overlay" (on. those affected areas) for the forty (40)
acres, more or less, located on east S.R. 434, immediately north of Creeks Run Way.
As noted under Agenda Changes earlier in the Meeting, this Agenda Item was Postponed
to the October 3, 2012 Planning and Zoning Board/Local Planning Agency Meeting.
PUBLIC HEARINGS
503. Community Development Department — Planning Division
Requests that the Local Planning Agency hold a Public Hearing to consider an
Expedited State Review, CPA -- 2012- 03 -ESR (Ordinance 2012 -14), amending the
Comprehensive Plan related to the Capital Improvements Element.
Mr. Woodruff presented this item and explained, ("The Community Planning Act was
Adopted by the Florida Legislature back in June of 2011; and they made a few changes
related to the Capital Improvements, such as the five (5) year Schedule of Capital
Improvements is no longer required to be financially feasible. You're still required to
annually update the Schedule; but, such modifications can now be done by Ordinance, as
opposed to a previous Comp[rehensivel Plan Amendment.
The necessary Capital Projects must still be listed in the Schedule as either funded or
unfunded; and they also have to be given a level of priority, as you saw at the last time.
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CITY OF WINTER. SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE 6 OF 8
The proposed strike through and underline language would then by ordinance 2012-14,
updates the Capital Improvement Element per this legislation. Staff is recommending
that the LPA (Local Planning Agency) Approve to the City Commission First Reading
and Transmittal Hearing and Adoption of ordinance 2012-14, the expedited State review
of the Large Scale Plan Amendment, Amending the Comprehensive Plan related to the
Capital Improvements Element."
Mr. Stevenson noted, "Essentially, what we're doing here in a nutshell and in layman's
terms is we're being required by the State to go through a Large Scale Comprehensive]
Plan Amendment to add in language that they have Adopted.
It will make it easier for us. It takes away a lot of the oversight that the State used to have
and we can now do it locally; and as Randy (Woodruff) said, rather than a
Comp [rehensive] Plan Amendment, we can do a lot of these things, relative to the Capital
Improvements Element, to be a local ordinance."
Further comments
Chairman Poe opened 4 'Public Input" for this Agenda Item.
No one spoke,
Chairman Poe closed "Public Input "for this Agenda Item.
Continuing, Chairman Poe remarked, "The Chair will entertain a Motion with regard to
item `503'."
"I MAKE A MOTION WE APPROVE ". MOTION BY BOARD MEMBER
WALKER. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION.
VOTE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING -- SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE 7 OF 8
PUBLIC HEARINGS
504. Community Development Department -- Planning Division
Requests the Planning & Zoning Board/Local Planning Agency hold a Public
Hearing for ordinance 2012 -16, amending the City's Code of ordinances, Chapter
15 to update planning regulations in light of Mouse Bill 7207.
Mr. Woodruff presented this item for consideration and stated, "Basically we are just
going and making changes to the Code of ordinance, related to Chapter 15 as it spells out
in the Adopted State legislation. With that said, Staff is recommending Approval for the
updates to Chapter 15, as defined within Ordinance 2012-16 and I'll be happy to answer
any questions you may have.''
Board Member Phillips inquired, "Moving this along so quickly through the State, do the
property owners lose any of their rights or make it harder for them to see what's going on
before they can react ?" Mr. Woodruff stated "No. We still have the same public due
process - that was there before. Again, it reduces the State's review time."
Chairman Poe opened 4'Public Input 't' for this Agenda Item.
No one addressed the Board.
Chairman Poe closed ``Public Input "for this Agenda Item.
Continuing, Chairman Poe stated, "The Chair will entertain a Motion with regard to
`504'."
"I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER
WALKER. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION.
VOTE
BOARD MEMBER CASMAN: AVE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Not Used
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9,"z-Q XIL4
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING — SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE S OF S
PUBLIC INPUT
Chairman Poe opened "Public Input ".
No one spoke.
Chairman Poe closed "Public Input ".
I:_�1 lZ�1117�I►� 1 �1►11 �
Chairman Poe Adjourned the (rescheduled) Regular Meeting at 5:53 p.m.
RESPECTFULLY SUBMITTED:
ANDREA L ORENZO -L UA CES, 1 U MC, CITY CLERK AND
SEAN BEAUDET
ASSISTANT TO THE CITY CLERK
APPROVED:
WILLIAM H. POE, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were Approved at the , 2012 Planning And Zoning Board/Local Planning Agency
Regular Meeting.
6
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