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Home My WebLink About2021 04 12 Public Hearing 400 - Second Reading of Ordinance 2021-02 amending Chapter 20 of the Winter Springs City Code + , PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA I APRIL 12, 2021 REGULAR MEETING TITLE Second Reading of Ordinance 2021-02 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. SUMMARY The Community Development Department requests the City Commission hold a Public Hearing to consider second reading of Ordinance 2021-02 amending Chapter 20 of the Winter Springs City Code regarding scheduling public hearings before the City Commission on development permit applications. During the February 8, 2021 City Commission hearing, the City Commission directed the City Attorney and staff to prepare an Ordinance to update Chapter 20 with regards to imposing a minimum 14 days between Zoning Board Planning/Land Planning Agency and City Commission related to public hearings for development permit applications; site plans, rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals. 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. The attached Ordinance was prepared at the direction of the City Commission. The proposed Ordinance requires several publicly noticed and advertised public hearings including one (1) hearing before the City's Land Planning Agency and two (2) hearings before the City Commission. The City's Land Planning Agency reviewed and unanimously recommended approval of both Ordinances at the March 4, 2021 Planning and Zoning/Local Planning Agency meeting. The First Reading for the Ordinance 2021-02 was held on March 22, 2021 . 1 The proposed Ordinance was advertised in the Orlando Sentinel on April 2, 2021. RECOMMENDATION Staff recommends that the City Commission approve Ordinance 2021-02. 2 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 stfikeou 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 IL—ADMINISTRATION DIVISION 1.—PROCEDURE; LAND USE DECISIONS City of Winter Springs Ordinance No.2021-02 Page 1 of 4 3 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 (de) and (€f). 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. (d) All public hearings under this division at which the city commission will render a final decision regarding site plans, rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals shall be scheduled a minimum of fourteen (14) calendar days following the planning and zoning board's public hearing on the application, except in circumstances where the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time and considers an application 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 4 (ef) 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 day of April, 2021. Charles Lacey, Mayor ATTEST: Christian Gowan, City Clerk City of Winter Springs Ordinance No.2021-02 Page 3 of 4 5 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney Legal Ad: First Reading: Second Reading: City of Winter Springs Ordinance No.2021-02 Page 4 of 4 6 Orlando Sentinel Printed: 3/26/2021 9:43:18 AM OrlandoSentinekom Page 1 of 3 Order ID: 6916309 *Agency Commission not included GROSS PRICE * : $275.00 PACKAGE NAME: Orlando Sentinel 7 Orlando Sentinel Printed: 3/26/2021 9:43:18 AM OrlandoSentinekom Page 2 of 3 Order ID: 6916309 *Agency Commission not included GROSS PRICE * : $275.00 PACKAGE NAME: Orlando Sentinel Product(s): Orlando Sentinel, Affidavit, Floridapublicnotices.com AdSize(s): 1 Column Run Date(s): Friday, April 2, 2021 Color Spec. B/W Preview 8 Orlando Sentinel Printed: 3/26/2021 9:43:18 AM OrlandoSentinekom Page 3 of 3 Order ID: 6916309 *Agency Commission not included GROSS PRICE * : $275.00 PACKAGE NAME: Orlando Sentinel CITY OF WINTER SPRINGS NOTICE OF CITY COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER: 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. PUBLIC HEARING FOR SECOND READING WILL BE HELD ON NOONDAY; APRIL 12, 2021 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 MINTER SPRINGS, FLORIDA. THE CITY COMMI55ION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be Inspected by interested Parties between 9 a.m. and 5 P.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East .State Road 434, Wfnter Springs, Florida. For more information call (407) 327-1900, Extension 253. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate In any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours In advance of the meetfng at (407) 327-1900, Extensfon 236. This is a public hearing. If you decide to appeal any recommendatiory decisfon made by the City Commfssfon with respect to any matter considered at this meetfng, you will need a record of the Proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal 1s based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OS6916X9 04+0121 9