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
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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
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