HomeMy WebLinkAboutOrdinance 2024-14 Supermajority Vote to Release , Convey, or Materially Change Conservation LandsORDINANCE 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
City of Winter Springs
Ordinance No. 2024-14
Page 1 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
stfikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
A text existing in CHAPTER 2, ARTICLE 1. — 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 — Supermaiority vote required.
�a For purposes of this section, the term "conservation land" shall mean any land conve ey d 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. 24. Conveyance of Parlc lands — Supermajority vote required.
The conveyance or transfer of any land owned by the city that is identified in the cit.�
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.
X X X
City of Winter Springs
Ordinance No. 2024-14
Page 2 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 Lite 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 /yM day of 6el , 2024.
ATTEST:
Christian Gowan, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFF IENCY FOR THE CITY
OF WI E RINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading: September 23, 2024
Legal Ad: October 1, 2024
Second Reading: October 14, 2024
Kevin Mc Oann, Mayor
City of Winter Springs
Ordinance No. 2024-14
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