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HomeMy WebLinkAbout2012 11 19 Public Hearing 500 Ordinance 2012-16, Chapter 15 UpdateCOMMISSION AGENDA ITEM 500 November 19, 2012 Special Meeting Informational Consent Public Hearings X Regular KS RS City Manager Department REQUEST: The City Attorney and the Community Development Department — Planning Division requests that City Commission hold a Public Hearing for Third Reading and adoption of Ordinance 2012 -16, amending the City's Code of Ordinances, Chapter 15 to update planning regulations in light of House Bill 7207. SYNOPSIS: City Commission held a Public Hearing for Second Reading and adoption of Ordinance 2012 -16 during the October 8, 2012 Regular City Commission meeting. Following discussion with the City Attorney, it was noted that said item required legal advertisement prior to adoption. There was some concern over the timing of the advertising and staff felt it prudent to bring this item back to the Commission for a third reading to insure the item was properly advertised. Ordinance 2012 -16 was legally advertised in the Orlando Sentinel on October 25, 2012. The document has not changed since the October 8, 2012 City Commission meeting and is hereby presented for Third Reading and adoption. CONSIDERATIONS: 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 Rule 9J -5, Florida Administrative Code, was repealed, but limited portions were incorporated into the new statute. The twice - per -year limitation on large -scale plan amendments was repealed, providing local governments flexibility in the processing of amendments and thereby reducing the time needed to obtain approvals.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 Public Hearings 500 PAGE 1 OF 2 - November 19, 2012 amendments (except those related to DRIs) within 180 days of receiving agency comments or the amendment is deemed withdrawn. 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. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 15, Planning. Winter Springs Comprehensive Plan 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 and the Community Development Department — Planning Division recommend that the City Commission adopt Ordinance 2012 -16 on Third Reading. ATTACHMENTS: A - Ordinance 2012 -16 B - Copy of Legal Ad Public Hearings 500 PAGE 2 OF 2 - November 19, 2012 ORDINANCE NO. 2012-16 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 strikeout type indicates deletions): Chapter 15 City of Winter Springs Ordinance No. 2012 -16 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. All 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. Adherence to ' aws. The city, in adopting the comprehensive plan, has complied with all the requirements of the county comprehensive planning act and the local government comprehensive planning act including, but not being limited to, public participation in the development of the plan and dissemination of the plan to other units of local government and the local planning agency of the county. 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 The city clerk is hereby directed to transmit a copy of the comprehensive plan or element or portion thereof to the state land planning agency and other appropriate reviewing agencies., appropriate regional agency, county land planning agency and to any other unit of local government which has filed with the city a request for copies of the adopted comprehensive plan or elements or portions thereof. 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. mandatory requirements of Sections 163.3184, 163.3187 and 163.3189 Florida Statutes and this article. This article is enacted to establish the procedures for processing amendments to the city's comprehensive plan and to establish a schedule whereby applications for amendments to the plan will be accepted. This article is also intended to implement the relevant requirements of planning laws of the state of Florida Chapter 163, Part II, Florida Statutes and Chapter 9J 11, Florida Administrative Code. Said requirements shall govern in the case of any conflict between the City of Winter Springs Ordinance No. 2012 -16 Page 2 of 8 provisions of this article and these chapters cited. Sec. 15 -31. - Initiation of amendments. Any ppy • erson or dul authorized a ent thereo affected b the cit 's com • rehensive • lan may request consideration of an amendment to the comprehensive plan and shall submit the appropriate information and supporting data and analysis, to the city manager (or his 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. the Comprehensive Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1) as follows: (1) Spring submittal. Major amendments proposed to be considered for review and action during the spring of any year shall be submitted to the city manager (or his designee) no later than 5:00 p.m. on the first Wednesday in February. The application(s) will be reviewed at a meeting of the local planning agency to be held in April or as otherwise practicable. (2) Fall submittal. Major amendments proposed to be considered for review and action during the fall of any year shall be submitted to the city manager (or his designee) no later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the local planning agency to be held in October or as otherwise practicable. Sec. 15 -33. — Reserved.. (a) Emergency. In the case of an emergency, comprehensive plan amendments may be made more often than twice during the calendar year if the additional plan amendment receives the approval of all of the members of the city commission. "Emergency" means any occurrence or threat thereof whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds. (b) Non amendments. The following shall not be considered comprehensive plan amendments: City of Winter Springs Ordinance No. 2012 -16 Page 3 of 8 Corrections, updates and modification of current costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the plan; or the date of construction of any facility enumerated in the capital improvements element. (c) DRIB /FQDs. Any local government comprehensive plan amendments directly related to a proposed development of regional impact (DRI), including changes which have been determined to be substantial deviations and including Florida Quality Developments (FQD) pursuant to 380.061, F.S. may be made without regard to statutory or local ordinance limits on the frequency of consideration of amendments to the comprehensive plan. (d) Small scale amendments. Any local comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments under the conditions provided by law. 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 required by 9J 11.007, F.A.C., in support of the proposed amendment. (b) As soon as practical after the application is determined sufficient, the community development coordinator director shall schedule an application conference to discuss the proposed amendment with the applicant and the appropriate city staff. (c) Staff review beafd. Once the application is deemed sufficient, and an application conference has been held, the staff review board 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 -16 Page 4 of 8 Sec. 15 -36. - Review criteria. The recommendation of the staff review board 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 adopted by Rule 29F 19.001, Florida Administrative Code; (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 -16 Page 5 of 8 Prior to the city commission's consideration of the application, the LPA local planning agency shall consider the application(s) at a public hearing, along with the staff's written report and review board's 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 by law Department of Community Affairs. At a minimum, the LPA local planning agency shall consider the same factors considered by the city staff under section 15-36 review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the city commission. Sec. 15 -38. - City commission transmittal public hearing process. 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, Tthe city commission shall held a (first) conduct a public hearing(s) on the proposed amendment for the purpose of transmitting the proposed comprehensive plan amendment(s) to the Department of Community Affairs state land planning agency and other reviewing agencies as required by law. and other agencies in accordance with 163.3184(3)(a)(b), Florida Statutes. The public hearing shall occur no later than the second commission meeting in June for spring and no later than the second commission hearing in December for fall transmittal. The first public hearing shall be held on a weekday approximately seven (7) days after the day that the first advertisement is published. The city commission may accept, reject, or accept with modifications, the city staff and LPA recommendations. If the city commission decides to transmit the proposed amendment, then the intention to hold and advertise a second public hearing (at the adoption stage) shall be announced at this (the first) public hearing. Sec. 15 -39. - Advertisement of public hearing. Public hearings shall be advertised pursuant to Florida Law. Sec. 15 -40. — Reserved. The city commission shall hold a (second) public hearing for the purpose of taking action on the proposed comprehensive plan amendment. The second public hearing shall be held on a weekday approximately five (5) days after the day that the second advertisement is published. (1) In the case of comprehensive plan amendments, other than those proposed pursuant to an EAR per 163.3191 F.S., the city shall, upon receipt of written comments from the Department of Community Affairs, have sixty (60) days to adopt, adopt with changes, or determine that it will not adopt the amendment(s). (2) In the case of comprehensive plan amendments proposed pursuant to an EAR per 163.3191 City of Winter Springs Ordinance No. 2012 -16 Page 6 of 8 F.S., the city shall, upon receipt of written comments from the Department of Community Affairs, have one hundred and twenty (120) days to adopt, or adopt with changes the proposed amendments. 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. Department of Community Affairs within ten (10) working days after adoption. The city shall also transmit a copy of the adopted comprehensive plan amendment to the East Central Florida Regional Planning Council, and to any other unit of local government or government agency in the state that has filed a written request with the governing body for a copy of the amendment. 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 -16 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 -16 Page 8 of 8 sE Thursday, ct° er NSTICE OF PUBLIC HaAR1,N(9 CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMI$SION PROPOSES To CONSIDER: ORDINANCE 0.2012 -1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, . A FLORIDA; AMENDING CHAPTER 15, PLANNING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. PUBLICHEARING FAR THIRD AND FINAL READING WILL BE HEi..D ON MONDAY, NOVEMBER 19, 2012 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL - . 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be olotained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the city's Clerk's Office, located at 1126 E. SR 434, Winter ter Spri s, Fiorida. For more information, call (407) 327-1800 #227. Persons with disabilities reeding assistance to participate in any of these proceedings .should contact the. Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327 -1 800, #236. This, is a public hearing. Interested parties are advised that .they . may appear at the meeting and be heard with respect to tide proposed ordinance. if you decide to appeal any recomriedatien dr decision made by t, City Commission with respect to any_ mattel. considered \t this ;Meting, .you will - need a record of the proceedings #.and for such purposes, you -may need to en re that a verbatim record of the proceedings{ is made L pon .which the appeal is based. Hao en mei min NICE OF COMPREIIINS :PLAIN AMENDME • aTy AF WINTER SPRINGS bk- • - NOTICE IS HEREBY I THAT' - • THE LO -CAI. PLANNING;AGENCY AND CITY cOMM15510N WILL CONSIDER: ORDINAL C #4Or 2Q12 -13 AN ORDINANCE OF THE CITY commis5.1pN GE. TO. r . ,WINTER- SPRINGS, SEMINOI,E O N, FLO.RIDA,-RELATING TO CO I REH NSIVE PLANNING; SETTING FORTH AND ADOPTING A COMPRE ENSIVE. PLAN -.A EN E 1T, -REE RENLED AS CPA -2012 -ESR, PROVIDINGIOR ADOPTION F A :AMENDMENT THE ARE LAND USE [AP BY DESIGNATING CERTAIN REAL PROPERTY -WITHIN THE CITY ,,OF • 'WINTER St p15$ GENERALLY DESCRIBED AS { N :_(1 }'PARCEL OF••LAD, CONTAINING 44:.PROSS'.AckFs MORE OR LESS, AND LOCATED. :GENERA ,.Y -AL NG EAST . STYE ROAD 434, MORE PARTICULARLY AND LEGALLY DESCRIBED' 'HEREIN IN EXHIBIT A,- .ATT4CHED HERETO AND FULLY 1NCOOORATEG HEREIN BY THIS REERENCE,'F.ROM MIXED USE TO GREENEWAY INTERCHA GE,.DISTRICT A D CONSERVATION OVERLAY j'(ON THOSE AFF EG AREAS) PROVIDING-AN EFFE 'W DATEAID. LE AI T S.GF i H PLAN AMENDMENT # PROVIDING FOR TRANSMITTAL OF THE PLAN TG THE STATE , { LAND PANNING AGENCY, PROVIDING - FOR THE. REPEAL OF PRIOR .INCONSISTENT ORDINANCES AND RESOLUTIONS, S F RABIL f AND AN FFE `IVE DATE. LO AL FLANKING AGENCY PUB. LIC HEARING • LL E HELD ON• - WEDNESDAY, NOVEMBER 7;2012 . AT S:JD PM. GR SOON TH R FI1RINTH COMMISSION CHAMBERS LOCATED AT • MIER SPRINGS CR HALL 1126 EAST STATE ROAD 434 • TINTER SPRINGS, FLORIDA CITY COMMISSION TRANSMITTAL PUBLIC HEARING, { WILL DE HELD N MONDAY NOVEMBER 19, 201 T5 :15 PM. OR $30N TEREAF1iR IN THE COMMISSION CHAMBERS LOWED AT WINTER SPRINGS IIY HALL 1126 EASESTATE ROAD 434 'WINTER SPR!N S;'FLORIDA The proposed ordinance may be ahtain by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the iy's erlc's Office, Iocated. at 1126 E. SR 434, winter Springs, Florida. For more information, 'call (407) 327-100 #227. Persons with disabilities needing assistance to pn idpate. in any of these proceedings should contact the Employee Relations Department Coordinator, 48, knits hour in advance of the meetin nt (40) 71800,'.*236. This is a public hearing. Interested partie are advised that.ihey may appear 4tihe meeting and be heard with respect to the proliosed ordinance.. , F ORDINANCE 2012-13 EXHIBIT A LOCATION MAP • • �r Apr ��,re� ��yy - -' LEGAL E I ■III*'' • LEG W 103011 OF LOTS 14 21 N OF ROAD SEC 5 -21-31 PHILIP R YONGE GRANT PB 1 PC