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HomeMy WebLinkAboutOrdinance 539 Traffic Circulation ORDINANCE NO. 539 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE TRAFFIC CIRCULATION ELEMENT, THE LAND USE ELEMENT AND THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF WINTER SPRINGS PURSUANT TO REMEDIAL ACTION OUTLINED IN A COMPLIANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs adopted the Winter springs Comprehensive Plan 1900 - 2010 by Ordinance No. 513 on April 27, 1992 pursuant to Chapter 163.3184, Florida Statutes; and WHEREAS, the City of Winter Springs transmitted five (5) copies of its adopted comprehensive plan to the Department of Community Affairs, as the state land planning agency, for review pursuant to Chapter 163.3184, Florida Statutes; and WHEREAS, the Florida Department of community Affairs on June 17 , 1992, issued a Notice of Intent to find the City of Winter Springs comprehensive Plan not in compliance with Sections 163.3178, and 163.3191, Florida Statutes, Section 187.201, Florida statutes, the East Central Florida Comprehensive Regional Policy Plan, and Chapter 9J-5, Florida Administrative Code; and WHEREAS, the Florida Department of community Affairs filed a petition with the Department of Administrative Hearings to that effect; and WHEREAS, the City of Winter Springs has, in the spirit of cooperation and with the intent to avoid lengthy and unnecessary litigation in the resolution of disputes resulting from or about the City of Winter springs Comprehensive Plan, negotiated with the Florida Department of community Affairs and has agreed to address the issues outlined in the statement of Intent through a compliance agreement; and WHEREAS, the City Commission of the City of Winter Springs approved the compliance Agreement on December 14 , 1992 pursuant to Chapter 163.3184, Florida Statutes; and WHEREAS, the City of Winter Springs has received the fully executed Compliance Agreement from the Florida Department of community Affairs; and WHEREAS, the remedial actions identified in the Compliance Agreement require the City of Winter Springs to adopt a remedial plan amendment as described in Exhibit "A" of said Agreement and in accordance with Chapter 163.3184(16)(d), Florida Statutes, within 60 days after execution of the Agreement by both parties. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Winter Springs, Florida, as follows: SECTION 1. Purpose and Intent This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184 (16), Florida Statutes. SECTION 2. Traffic circulation Element Pages 4 and 5 of the Traffic Circulation Element of the City of Winter Springs Comprehensive plan, as adopted by Ordinance No. 513 are hereby amended and replaced in their entirety by pages 4 and 5 as described in Exhibit "A" of this Ordinance. SECTION 3. Infrastructure (Sanitary Sewer, Solid Waste, Drainage, potable Water, and Natural Groundwater Aquifer Recharge) Land Use Element. Page 23 of the Land Use Element of the City of Winter springs comprehensive Plan, as adopted by Ordinance No. 513 is hereby amended and replaced in its entirety by pages 23 and 23.1 respectively, as described in Exhibit "A" of this Ordinance. SECTION 4. Capital Improvements Element Pages 73 and 78 of the Capital Improvements Element of the City of Winter Springs comprehensive Plan, as adopted by Ordinance No. 513, are hereby amended and replaced in their entirety by pages 73 and 78 respectively, as described in Exhibit "A" of this Ordinance. SECTION 5. Applicability and Effect The applicability and effect of the City of Winter Springs Comprehensive Plan shall be as provided by the Local Government Planning and Land Development Regulation Act, sections 163.3161 through 163.3215 Florida Statutes, Ordinance No. 653, and this Ordinance. SECTION 6. Severability If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION 7. Effective Date This Ordinance shall become effective immediately upon its approval and adoption by the City of Winter Springs City Commission. ADOPTED at a regular meeting of the City Commission of the City of Winter Springs, Florida, this 11th day of January, 1993. MAYOR ATTEST: Mary T. Norton City Clerk Approved as to form: Duly Advertised on: Dec. 20, 1992 First Reading 12/14/92 Posted 12/15/92 Second Reading & Public Hearing 1/11/93 December 14, 1992 FROM: city Manager City Planner TO: RE: Revised Ordinance No. 539 Attached is the draft ordinance composed by Attorney Bricklemyer which includes a provision to modify the adopted Comprehensive Plan's Conservation Element, Policy E.l., regarding mining and excavation activities within the City. The ordinance distributed with the agenda packages omitted this language, as such a revision was not part of the stipulated settlement agreement between the Department of Community Affairs and the City of Winter Springs. cc: Mayor/Commission Planning and Zoning Department Heads LAW OFFICES NONIGMAN, MILLER SCHWARTZ AND COHN 2700 LANDMARK CENTRE 401 E. JACKSON STREET TAMPA, PLORIDA 33602-5209 TELEPHONE (813) 221-6600 FAX MACHINE (813) 223-4410 FACSIMILE TRANSMITTAL COVER SHEET 11.5 FROMI Keith W. Bricklemyer DATE. December 7, 1992 TO: Greg Kern FIRM: City at Winter Spring PHONEs 401-327-1800 FAX : 407-327-6912 No. of pages Iincluding cover sheet): 5 CLIENT/MATTER NUMBER 85830/025606 MESSAGE: for your review Time sent: 4:11 pm Operator: Lori NOTICE OF ATTORNEY-CLIENT PRIVILEGE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGB AND ANY ACCOMPANYING DOCUMENTS ARB SUBJECT TO THB ATTORNEY-CLIENT PRIVILEGE AND/OR THB ATTORNEY WORK PRODUCT RULE AND IS CONFIDENTIAL BUSINESS INFORMATIONTION INTENDED ONLY FOR THE USE Of THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARB HUBBY NOTIFIID THAT ANY DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS COMMUNICATION TO ANYONE OTHER THAN THE ADDRESSEE BY ANY MEANS WHATSOEVER IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CONTACT US IMMEDIATELY BY TELEPHONE, AND RETURN ALL DOCUMENTS RECEIVED TO US BY MAIL, AT OUR EXPENSE. THANK YOU. Please call Lori at (813) 221-6600 if there is any problem with the transmission of the attached document(s). If you wish to telecopy document (s) to us, out telecopy number is (813) 223-4410. For purposes of this section, this prohibition shall not apply to land excavations for the purpose of creating retention ponds or lakes, or for the purpose of providing fill dirt, on-site or off- site, provided all such excavations are conducted in accordance with all applicable local, state and federal regulations. ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE TRAFFIC CIRCULATION ELEMENT, THE LAND USE ELEMENT, THE CONSERVATION ELEMENT AND THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF WINTER SPRINGS PURSUANT TO REMEDIAL ACTION OUTLINED IN A COMPLIANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Commission of the City of Winter Springs adopted the City of Winter Springs comprehensize Plan 1990-2010 by Ordinance No. 513 on April 27, 1992 pursuant to Chapter 163.3184, Florida Statues; and WHEREAS, the City of Winter Springs transmitted five (5) copies of its adopted Comprehensive Plan to the Department of Community Affairs, as the state land planning agency, for review pursuant to Chapter 163.3184, Florida Statues; and WHEREAS, the Florida Department of Community Affairs on , 19, issued a Notice of Intent to find the City of Winter Springs Comprehensive Plan not in compliance with Sections 163.3177, 163.3178, and 163.3191, florida Statues, Section 187.201, Florida Statues, the East Central Florida Comprehensive Regional Policy Plan, and Chapter 9J-5, Florida Administrative Code; and WHEREAS, the Florida Department of Community Affairs filed a petition with the Department of Administrative Hearings to that effect; and WHEREAS, the City of Winter Springs has, in the spirit of cooperation and with the intent to avoid lengthy and unnecessary litigation in the resolution of disputes resulting from or about the City of Winter Springs Comprehensive Plan, negotiated with the Florida Department of Community Affairs and has agreed to address the issues outlined in the Statement of Intent through a compliance agreement; and WHEREAS, the city Commission of the City of Winter Springs approved the compliance Agreement by Resolution No. on , 1992 pursuant to Chapter 163.3184, Florida Statutes; and WHEREAS, the City of Winter Springs has received the fully executed Compliance Agreement from the Florida Department of community Affairs; and WHEREAS, the remedial actions identified in the Compliance Agreement require the city of Winter Springs to adopt a remedial plan amendment as described in Exhibit "A" of said Agreement and in accordance with Chapter 163.3184 (16) (d), florida Statutes, within 60 days after execution of the Agreement by both parties; and WHEREAS, the City has determined the need to amend the Conservation element of the Comprehensive Plan as described in Exhibit "A", although said amendment is not required by the Compliance Agreement. NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of Winter Springs, Florida, as follows: Section 1. Purpose and Intent This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184(16), Florida Statues. Section 2. Traffic Circulation element Pages 4 and 5 of the Traffic Circulation element of the City of Winter Springs Comprehensive Plan, as adopted by Ordinance No. 513 are hereby amended and replaced in their entirety by pages 4 and 5 as described in Exhibit "A" of this Ordinance. Section 3. Infrastructure (Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge) Land Use element. Page 23 of the Land Use element of the City of Winter Springs comprehensive Plan, as adopted by Ordinance No. 513 is hereby amended and replaced in its entirety by pages 23 and 23.1 respectively, as described in Exhibit "A" of this Ordianance. Section 4. Capital Inprovements Element Pages 73 and 78 of the Capital Improvements element of the City of winter Springs Comprehensive Plan, as adopted by Ordinance No. 513, are hereby amended and replaced in their entirety by pages 73 and 78 respectively, as described in Exhibit "A" of this Ordinance. Section 5. Conservation element Page 34 of the Conservation Element of the City of Winter Springs comprehensive Plan, as adopted by Ordiancne No. 513, is hereby emended and replaced in its entirety by page 34 as described in Exhibit "A" of this Ordinance. Section 6. Applicability and Effect the applicability and effect of the city of Winter Springs Comprehensive Plan shall be as provided by the Local Government Comprehensive Planning and Land Deveolopment Regulation Act, Sections 163.3161 through 163.3215, Florida Statues, Ordinance No. 653, and this Ordinance. Section 7. Severability If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 8. Effective Date This Ordinance shall become effective immediately upon its approval and adoption by the City of Winter Springs city Commission. ADOPTED at a regular meeting of the City Commission of the city of Winter Springs, Florida, this day of , 1992. Mayor ATTEST: City Clerk Approved as to form: Duly Advertised on: 3 ~ - - - - - ~ -- - - - - - - - - - - - - - - -- - - - - - - -- Court, NOTICE OF PUBUC HEARING CITY OF WINTER S~NGS. FLORIDA NonCE IS HEREBY GIVEN by the City Commission of the City of Winter SPrings, Florida, that said Commission will hold a PubliC Hearing on an ordi- nance entiUed as follows: ORDINANCE NO. 538 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, flORIDA, AMENDING THE TRAFFIC CIRCU- LATION ELEMENT, THE LAND USE ELEMENT AND THE CAPITAl 1M- PROVEMENTS ELEMENT OF THE COMPREHENS~ PlAN OF THE CITY OF WINTER SPRINGS PUR- SUANT TO REMEDIAL ACTION OUTLINED IN A COMPLIANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVER- ABILITY; PROVIDING FOR CON- FLICTS AND PROVIDING FOR AN EFFECTIVE DATE. This Public Hearing wit be held at 7:30 p.m. on Jenuery 11. 1l1t1C1 or as soon thereafter as posaible in the Commis- sion Chamber, City Hall, 1126 East S. R. 434, Winter Springs, FIordia 32708. Copies of the proposed ordinance ara available in the oflice of the City Clerk for inspection. Interested parties may ~r at ": ~ng and ~i'= PERSOTWITH ~IES NEE!), ING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT ADA CO- ORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327.1800. PERSONS ARE ADViSeD THAT IF THEY DECIDE TO APPEAl ANY DECI. SION MADE AT THIS MEETlNG- S/HEARINGS, THEY WILL NEED A RE- CORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAl IS TO BE BASED, PER SECTION 286.Q105 FLOR- IDA STATUTES. Dated thisC~ day ofd~~Im~i~~R SPRINGS, FLORIDA Mary T. Norton City Clerk SLSCG63013 Dec.20,1992 The Orlando Sentinel Published Dai~55. 85 ~tatt of jflortba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared Mi'lry Lynn Mr.Kpn?;p , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at cA'j;:;;Ei BfRR'( in ~ Ii: M 11\4 nl f.: County, Florida; thattheattachedcopyofadvertisement,beinga NnTfn: (iF PUBl Ie H in the matter of (iN 11 r N Aj\l( ~ ~ 5; 9 in theSHHNU F was published in said newspaper in the issue; of 1. i} 1211/9 .r' Affiant further says that the said Orlando Sentinel is a newspaper published at CASSEl.BERWY . in said SEi'1INOlt County, Florida, and that the said newspaper has heretofore been continuously published in said 5i:M If~m F County, Florida, each Week Day and has been entered as second-class mail matter at the post office in (j\SSHRFRRY in said Sr:M T NfH i County, Florida, for a periOd of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (SEAL) J 'ta Rosado . uanl ... f Florida Not'll"\ f' :l'le. State 0 18 1994 _, ,,,-,,,-e~ June , M'. " )2, CO:;L..