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HomeMy WebLinkAbout2024 09 23 Public Hearing 404 - First Reading of Ordiance 2024-14 Requiring Supermajorty Vote for any Future release, Conveyance, or Material Change to Conservation LandPUBLIC HEARINGS AGENDA ITEM 404 CITY COMMISSION AGENDA | SEPTEMBER 23, 2024 REGULAR MEETING TITLE First Reading of Ordinance 2024-14 Requiring Supermajority Vote of the City Commission for any Future Release, Conveyance, or Material Change to Conservation Land Managed by the City or Conveyance of any City Park Land. SUMMARY At the September 9, 2024 Commission meeting, the City Commission briefly discussed the continued importance of maintaining conservation and park lands within the City of Winter Springs. The preservation of natural spaces such as conservation and park lands benefit the citizens of Winter Springs and the environment. The Commission also recognized that Seminole County is also conducting a referendum election this November related to protecting natural lands. During this discussion, the City Commission directed that an ordinance be prepared to require a supermajority vote of the City Commission to release or convey conservation or park land owned or managed by the City. The proposed ordinance will apply city-wide to any such land and is essentially a local rule regarding City Commission procedures. Since the City was incorporated in 1959, the City has prioritized the acquisition of numerous acreage of land for park purposes and has constructed award winning parks. In fact, parks have been so prioritized that in one instance in the early 2000s, the registered voters of Winter Springs even approved a general obligation bond to purchase additional property to expand Central Winds Park. The bond has since been paid and satisfied. In addition, during this same time period when development projects were being planned and approved, numerous acreage of land was donated or dedicated to the City for conservation and greenbelt purposes by plat, easement or other legal instruments. For example, there are several conservation easements and greenbelt areas throughout the Tuskawilla PUD, Highlands PUD, Oak Forest PUD, and Winding Hollow PUD that have been conveyed by easement or dedicated to the public by plat. The proposed Ordinance, if approved, will procedurally require a supermajority vote of the City Commission by ordinance to release, convey, or materially change the purpose, use, prohibitions, restrictions, or any other conservation related benefit of conservation land, which is defined in the ordinance as "any land conveyed or dedicated to the city for conservation or greenbelt purposes by deed, easement, plat, or some other recorded legal instrument." 497 Additionally, the proposed Ordinance will likewise procedurally require in the future that the city commission adopt an ordinance by supermajority vote to convey any park land that is identified as a park in the City's Comprehensive Plan. FUNDING SOURCE RECOMMENDATION Staff recommends the City Commission hold a Public Hearing and approve the first reading of Ordinance 2024-14. 498 City of Winter Springs Ordinance No. 2024-14 Page 1 of 3 ORDINANCE NO. 2024-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING MODIFICATIONS TO THE CITY CODE RELATED TO CONSERVATION AND PARK PROPERTY OWNED, DEDICATED OR MANAGED BY THE CITY OF WINTER SPRINGS; PROVIDING FOR A SUPERMAJORITY VOTE OF THE CITY COMMISSION TO RELEASE, CONVEY, OR MATERIALLY CHANGE THE PURPOSE, USE, PROHIBITIONS, RESTRICTIONS, OR ANY OTHER CONSERVATION RELATED BENEFIT OF CONSERVATION LANDS; PROVIDING FOR A SUPERMAJORITY VOTE OF THE CITY COMMISSION TO CONVEY OR TRANSFER PARK LAND; 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 recognizes the importance of parks, sustainable land use practices, and the preservation of natural spaces for the benefit of its citizens and the environment; and WHEREAS, the establishment of conservation easements and greenbelt areas promotes environmental stewardship, enhances the quality of life for residents, and ensures the long term preservation of critical natural resources; and WHEREAS, conservation easements and greenbelt dedications are legal agreements that permanently limit the use of land in order to protect its conservation values and public purposes, and generally control urban sprawl, protect wildlife habitat and ecosystems vital to the health and diversity of local flora and fauna, safeguard the environment, contribute to a healthier natural landscape, mitigate against climate change such as reducing urban heat island effect and pollution, provide public access and recreational opportunities, and enhance the aesthetic and scenic values of the community; and WHEREAS, the City owns many acres of land used for park purposes for the benefit and use of the public; and WHEREAS, the City is also the trustee for the benefit of the public of many conservation easements and greenbelt areas that are dedicated to, and located within, the City of Winter Springs; and WHEREAS, because of the public importance of conservation easements and greenbelt areas and as more specifically set forth in this Ordinance, the City Commission desires to establish a supermajority vote requirement before the City Commission can authorize the release, conveyance, or material change to the purpose, use, prohibitions, restrictions, or any other conservation related benefit of conservation lands including greenbelt areas dedicated to the public, and similarly, the 499 City of Winter Springs Ordinance No. 2024-14 Page 2 of 3 City Commission desires to establish a supermajority vote of the city commission to convey or transfer park land; 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. New Section 2-3 and 2-4 of the City Code. Section 2-3 and 2-4 of the City Code are hereby adopted as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in CHAPTER 2, ARTICLE I. – IN GENERAL. It is intended that the text in CHAPTER 2, ARTICLE I. – IN GENERAL shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2 – ADMINISTRATION ARTICLE I. – IN GENERAL * * * Sec. 2-3. Conservation lands – Supermajority vote required. (a) For purposes of this section, the term “conservation land” shall mean any land conveyed or dedicated to the city for conservation or greenbelt purposes by deed, easement, plat, or some other recorded legal instrument. (b) The City will manage conservation land for the benefit of the citizens of Winter Springs. The release, conveyance, or any material change of the purpose, use, prohibitions, restrictions, or any other conservation related benefit of conservation land by the city commission shall be by ordinance and require a supermajority affirmative vote of at least a majority plus one of the entire membership of the city commission. Sec. 2-4. Conveyance of Park lands – Supermajority vote required. The conveyance or transfer of any land owned by the city that is identified in the city’s comprehensive plan as park land shall be by ordinance and require a supermajority affirmative vote of at least a majority plus one of the entire membership of the city commission. Sec. 2-35-2-25. – Reserved. * * * 500 City of Winter Springs Ordinance No. 2024-14 Page 3 of 3 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______________, 2024. Kevin McCann, Mayor ATTEST: Christian Gowan, 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: Second Reading: 501 This Business Impact Estimate may be revised following its initial posting. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City’s website by the time notice of the proposed ordinance is published. City Commission Meeting Dates: ___September 23, 2024, and October 14, 2024_______________ Ordinance Number: _2024-14 Posted To Webpage: Wednesday, September 18, 2024 This Business Impact Estimate is given as it relates to the proposed ordinance titled: ORDINANCE NO. 2024-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING MODIFICATIONS TO THE CITY CODE RELATED TO CONSERVATION AND PARK PROPERTY OWNED, DEDICATED OR MANAGED BY THE CITY OF WINTER SPRINGS; PROVIDING FOR A SUPERMAJORITY VOTE OF THE CITY COMMISSION TO RELEASE, CONVEY, OR MATERIALLY CHANGE THE PURPOSE, USE, PROHIBITIONS, RESTRICTIONS, OR ANY OTHER CONSERVATION RELATED BENEFIT OF CONSERVATION LANDS; PROVIDING FOR A SUPERMAJORITY VOTE OF THE CITY COMMISSION TO CONVEY OR TRANSFER PARK LAND; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. Parts I-IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check if applicable: __ 1. Ordinances required for compliance with federal or state law or regulation; __ 2. Ordinances relating to the issuance or refinancing of debt; __ 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; __ 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; __ 5. Emergency ordinances; __ 6. Ordinances relating to procurement; or __ 7. Ordinances enacted to implement the following: 502 This Business Impact Estimate may be revised following its initial posting. __ a. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits; __ b. Sections 190.005 and 190.046; __ c. Section 553.73, relating to the Florida Building Code; or __ d. Section 633.202, relating to the Florida Fire Prevention Code. Part I. Summary of the proposed ordinance and statement of public purpose: The City of Winter Springs owns many acres of land used for park purposes. The City is also the trustee for the benefit of the public of many conservation easements and greenbelt areas which are dedicated to and located within the City’s jurisdictional boundaries. These park and conservation areas encourage the preservation of natural spaces, sustainable growth, and outdoor recreation, which provides a benefit for the public. Because of the importance to the public of conservation lands, greenbelt areas, and park lands, the City desires to require a supermajority vote for certain actions involving conservation and park lands. Ordinance 2024-14 proposes to amend Section 2-3 of the City Code of the City of Winter Springs to provide that the release, conveyance, or any material change of the purpose, use, prohibitions, restrictions, or any other conservation related benefit of conservation land by the City Commission shall be by ordinance and shall require a supermajority vote of the City Commission. The Ordinance also proposes to amend Section 2-4 of the City Code to provide that a conveyance or transfer of any land owned by the City which is identified in the City’s Comprehensive Plan as park land shall be by ordinance and shall require a supermajority vote of the City Commission. The proposed Ordinance is procedural, amending the Code to add only that a supermajority vote is required to take official action regarding conservation lands and park lands. The City Charter already requires that the lease or conveyance of any City land must be accomplished by ordinance. The proposed Ordinance adds an additional procedural requirement by requiring that ordinances conveying or otherwise modifying park or conservation land be passed by a supermajority vote of the City Commission. Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Winter Springs: (fill out subsections a-c as applicable, if not applicable write “not applicable”) (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: Direct economic costs associated with this Ordinance are negligible. The City is fee title owner of several hundred acres of park land that are managed by the City, and ownership and management of these lands do not directly impact businesses other than through normal public usage of the parks. The Ordinance does not change the terms or conditions of conservation lands granted to the City. Any changes to the terms and conditions of conservation lands granted to the City will now be required to obtain a supermajority vote to release, convey, or materially change those conservation lands. A supermajority requires the vote of four Commissioners rather than the current vote of three required for a simple majority. Significant financial changes are not expected and any economic impacts to businesses should be negligible. (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and 503 This Business Impact Estimate may be revised following its initial posting. Not applicable. (c) An estimate of the City of Winter Springs’ regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. Not applicable. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: Only property owners who own land containing conservation lands will potentially be affected by this Ordinance. The number of known properties this Ordinance will impact on is limited and mostly are in residential and environmentally sensitive areas such as Tuskawilla PUD, Winding Hollow PUD, Oak Forest PUD and Highlands PUD and along creeks. Part IV. Additional Information the City Commission may find useful (if any): This Ordinance is purely procedural, serving only to require a supermajority vote of the Commission rather than a simple majority vote in order to release, convey, or otherwise modify park and conservation lands. This Ordinance does not impact conservation lands that are granted to other government agencies within the City of Winter Springs including the St. Johns River Water Management District. 504