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Home My WebLink About2021 03 04 Public Hearing 400 - Review 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 PUBLIC HEARINGS AGENDA ITEM 400 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY THURSDAY, MARCH 4, 2021 | REGULAR MEETING TITLE Review 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 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 fourteen (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 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. RECOMMENDATION Staff recommends that the Planning and Zoning Board/Local Planning Agency forward a recommendation of approval for Ordinance 2021-02 to the City Commission. 21 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 CitysPlanning 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 strikeouttype 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 22 * * * 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 (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. (d)Allpublic 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 boards 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 boards 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 23 (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. ADOPTEDby the City Commission oftheCityofWinter Springs, Florida, ina regular meeting assembled on the _____ day of, 2021. Charles Lacey, Mayor ATTEST: Christian Gowan, City Clerk City of Winter Springs Ordinance No. 2021-02 Page 3 of 4 24 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 25