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Home My WebLink AboutOrdinance 2021-02 Interval (14 days) between Planning and Zoning and Commission ORDINANCE NO.2021-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 20 OF THE WINTER SPRINGS CITY CODE REGARDING SCHEDULING PUBLIC HEARINGS BEFORE THE CITY COMMISSION ON DEVELOPMENT PERMIT APPLICATIONS; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to ensure that there shall be a minimum of fourteen (14) days between the date the City's Planning and Zoning Board holds a public hearing on a development permit application and the date the City Commission renders a final decision on the same development permit application;and WHEREAS, the City Commission believes that the minimum fourteen (14) day scheduling period will allow the City Commission to adequately prepare for public hearings on pending development permit applications and to consider all written findings and recommendations of the Planning and Zoning Board; 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; and NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 20 Zoning is hereby amended as follows: (underlined type indicates additions to the City Code and s4fikeeu4 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 20—ZONING ARTICLE II.—ADMINISTRATION DIVISION 1.—PROCEDURE; LAND USE DECISIONS City of Winter Springs Ordinance No.2021-02 Page 1 of 4 Sec. 20-28.-Due process; special notice requirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) Within five (5) business days of filing with the city or as soon as practicable, applications filed under this division shall be publicly posted on the city's website on a web page reserved for identifying pending land use applications. (c) In addition to any notice requirements provided by state law, all public hearings under this division shall be publicly noticed for at least seven (7) calendar days prior to any required planning and zoning board hearing and at least twenty (20) calendar days prior to any required city commission hearing unless otherwise provided by subsections (dee) and (ef). Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property on a sign form provided by the city. (2) Posting at city hall. (3) Notifying, by U.S. mail, all owners of real property adjacent to and within approximately five hundred (500) feet of the subject property based on the information contained in the property appraiser's or similar property database. In addition, all neighborhood homeowner's associations registered with the city and located within one- half-mile of the property shall likewise be provided notice by U.S. mail. Said mailing shall only be required for the initial public hearing and shall not be required for hearings that are continued to a date certain by the planning and zoning board or city commission. (4) Posting on the city's website and social media platform. The notice requirements set forth in subsections (1), (2), (3), and(4) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this division. dJ _All public hearings under this division at, which the city commission will render a final decision reardin site dans rezonin«s variances conditional_use§, waivers, certain limited, administrative waivers and administrativeµµµa pe&. shall.-be scheduled a minimum of fourteen(14' calendardays following,the planning and zoning board's Iublic heann o n the a i mlication except in circumstances where the c commission determines that the _p_ annin y and zonin board hasIT not made a recommendation on an ap plication within a ITreasonable period of time and considers_an aRlphcationIT without the planning and zoning board's recommendation. (de) Public hearings initially noticed as required by this section and then continued by the planning and zoning board or city commission may be continued to a date certain without compliance with the minimum seven(7) and twenty(20) calendar day requirement. City of Winter Springs Ordinance No.2021-02 Page 2 of 4 (eD Applications regarding an existing single-family home shall be publicly noticed for at least seven (7) calendar days prior to any required planning and zoning board or city commission hearing, and shall not require posting of the affected property. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or 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 upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 011 day of April,2021. Teal, oh 'on,Deputy Mayor ATTEST a �. ... .... .... ' Christian Gowan, City Clerk 411 City of Winter Springs Ordinance No.2021-02 Page 3 of 4 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: .. ... Anthony A. Garganese, City Attorney Legal Ad: Q or;I , First Reading: M&r�h avA Second Reading: or City of Winter Springs Ordinance No.2021-02 Page 4 of 4 Orlando Sentinel „ ,........... �,, ��o mnioorrrrrrrrmnlll�lo///O�ll/lam Published Daily ORANGE County,Florida Sold To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 Bill To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 State Of Illinois County Of Cook Before the undersigned authority personally appeared Jeremy Gates,who on oath says that he or she is an Advertising Representative of the ORLANDO SENTINEL,a DAILY newspaper published at the ORLANDO SENTINEL in ORANGE County,Florida; that the attached copy of advertisement, being a Legal Notice in the matter of 11150- Public Hearing Notice,ORDINANCE NO. 2021-02 was published in said newspaper in the issues of Apr 02,2021. Affiant further says that the said ORLANDO SENTINEL is a newspaper Published in said ORANGE County,Florida,and that the said newspaper has heretofore been continuously published in said ORANGE County,Florida, each day and has been entered as periodicals matter at the post office in ORANGE County, Jeremy Gates Signature of Affiant Name of Affiant Sworn to and subscribed before me on this 3 day of April, 2021, by above Affiant,who is personally known to me(X)or who has produced identification O. Signature of Notary Public END A4s1 K0,11, SA 01t r;IQ1AL S E,At. U0 Par t/'P4ubi $talgAv;tNtllj9'rj4:s 2024 Name of Notary,Typed,Printed,or Stamped 6916309 Orlando Sentinel „=,........... �,, ��o mnioorrrrrrrrmnlll�lo///O�ll/lam CITY OF WINTER SPUN GS NOTICE OFCITY COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT TH E CITY COMM ISSI O PROPO5E5 TO CON SI OE'R ORDINANCE NO, 2021-02 AN ORDINANCE OF THE CITE' CO,I+ iMISS ION OF THE CITY OF WINTER SPRINGS,, FLOR I DA,,, AMENDING CHAPTER 20 OF THE WINTER SPRINGS CITY CODE REGARDING SCHEDULING PUBLIC HEARINGS BEFORE THE CITY COMMISSION O N DEVELOPMENT PERI IT APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR I NCONSI�,TE N'T ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE,, SEVERABILITY AND ,AN EFFECTIVE DATE. PUBLIC HEARING FOR SECOND READING WILL BE HELD ON MONDAY,, ,APRIL 12, 2021 AT 6 1 P,M,, OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS, CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS,, FLORIDA, THE CITY COMiMISSION' RESERVES THE RICHT TO POSTPONE OR CONTINUE THE PUBLIC, HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE The Proposed ordinance may be Inspected by Interested partfes between 8 ca.m and 5 p.m,, Monday thrar.rgh Friday,, at the Cfty°s Clerk's Office, located at 1126 East state Road 434, Wfnter Springs, Florida, For more information call (A07) 327-1800, Extension 25;3, Interested parties nuay appear cit the rneethig and be heard with respect to the propo ecl ordinance, Persons 'with cllsabilftles needing a si'stanc;e two Participate in any of these proceedings ShOUld contact the Employee Relatfons Department Coordinator, Ag hours fn advance of the meeting cit (,407) ;327-1800 EXtension 236, This fs a prublfc hearing, If YOU decide to appeal any recommenclatk)n' decision made by the City Conirni',sfon with respect to any matter considered at this meethig, you will need a record of the proceedings, and for r}UCh purposes, YOU may need to ensure that a Nderbati'm record of the proceedfngs Is made r POP which the appeal Is based, Interested partfes erre advised that they may appear at the meeting and be heard with respect to the proposed and fnan ce„ 0E 16109 MOV21 6916309 Orlando Sentinel ........... ��o mnioorrrrrrrr�mnl�ll�lo///O�ll/lam