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Home My WebLink AboutOrdinance 544 Comprehensive Plan ORDINANCE 544 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR A SCHEDULE FOR REVIEW OF COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR PROCEDURES FOR REVIEW AND ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, adopted its comprehensive plan on April 27, 1992, pursuant to Chapter 163.3184, Florida Statutes, and pursuant to City of Winter Springs Ordinance number 513; and WHEREAS, amendments to comprehensive plans adopted pursuant to Chapter 163.3184, Florida Statutes, may be made not more than two times during any calendar year; and WHEREAS, the City of Winter Springs desires the establishment of procedures for the application processing of plan amendments; and (A STICKY NOTE WAS PLACED ON TOP OF DOCUMENT, THEREFORE ILLEGIBLE PARAGRAPHS) amendments to the adopted comprehensive plan and to establish a schedule for plan amendment review and adoption. Section 2. Schedule. The City of Winter Springs Planning establishes a schedule for amendments to the Winter Springs Comprehensive Plan for the Fall, 1993 and Spring, 1994 amendment cycles as follows: FalL 1993 Application Deadline: Review schedule: Planning and Zoning Workshops Planning and Zoning Public Hearing Commission transmittal Public Hearing Commission adoption Public Hearing 5:00 p.m. Friday, April 23, 1993. 5/05/93 & 5/19/93 6/02/93 6/28/93 11/22/93 Sprinq, 1994 Application Deadline: Review schedule: Planning and Zoning Workshops Planning and Zoning Public Hearing Commission transmittal Public Hearing Commission adoption Public Hearing 5:00 p.m. Friday, October 22, 1993. 11/03/93 & 11/17/93 12/01/93 01/10/94 6/13/94 Section 3. Plan Amendment Procedures. A) Amendments initiated by the City's Planning and Zoning Board or Commission may be inserted into any review period prior to the and Zoning public hearing to recommend to the City Commission all the review procedures are complied with. B) Comprehensive plan amendments directly related to proposed small scale development activities as described in s. 163.3187(1)(c), F.S., may be approved without regard to statutory limits on the frequency of consideration of comprehensive plan amendments. The conditions presented in s. 163.3187(1)(c), F.S., shall be met for a proposed amendment to be exempt from the statutory limits stating plan amendments may be adopted no more than two times during any calendar year. C) Comprehensive plan amendments may be made more often than twice during the calendar year in the case of an emergency, as presented in s. 163.3187(1)(a), F.S. "Emergency" means any occurrence or threat thereof whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds. Emergency amendments may be initiated only by the Planning and Zoning Board or the Commission following adoption by the Commission of a resolution declaring an emergency. D) Amendment applications may be withdrawn from the review process any time by filing a written notice to the City Planning Department. Notice will be sent to the Florida Department of Community Affiars if the amendment has already been transmitted. E) Plan amendments for specific parcel(s) of real property may be initiated by the owner of such a property or by any other person with the written consent of the owner of the real property. Plan amendments not associated with specific parcels of real property may be initiated by any property owner in the city, the Planning and Zoning Board, or the City Commission. F) Application requirements: (1) Name and address of owner and, if different, name and address of applicant. (2) If applicant is different from owner, letter from owner consenting to the plan amendment request and authorizing applicant to act for owner. (3) Legal description. (4) Tax/parcel identification number(s) of the property. (5) Land use category or categories being requested. (6) Copy of deed(s) for the property. (7) Map showing general location of property. (8) Statement explaining the change in circumstances or other reasons which would justify approval of the proposed amendment request. G) General review process: (1) An application for a comprehensive plan amendment shall be submitted to the City Planner on a form to be provided by the City. The date the application is received by the City will be logged and the applicant will be notified of the amendment review schedule. (2) An application conference will be scheduled with the City's Planning Department, and other departments as required, to determine current land use and zoning, requested land use, acreage, compatibility and consistency with Future Land Use Map, and consistency with comprehensive plan goals, objectives and policies. (3) The applicant and the City Planner shall present the amendment application to the Planning and Zoning Board during a standard Planning and Zoning meeting. The City Planner shall ensure that each proposed plan amendment is supported by data and analysis in accordance with Rule 9J-5.005(2), F.A.C. and Rule 9J-11.007, F.A.C. (4) The City Planner shall review the application and relevant data and analysis and determine whether additional information is required. If the application is found complete, a public hearing shall be scheduled at the next scheduled Planning and Zoning meeting pursuant to s. 163.3174(4), F.S. (5) At the Planning and Zoning public hearing, the Board shall recommend either approval or denial of the proposed amendment to the City Commission. If the Board recommends denial, it shall state the reasons for the denial and shall further prescribe the modifications required to bring the proposed amendment in compliance with the comprehensive plan. (6) The recommendation of the Planning and Zoning Board shall be reviewed with the application request and all appropriate documentation at a City Commission public hearing, pursuant to s. 163.3184(15), F.S. The City Commission shall vote to determine whether to transmit the proposed amendment to the Florida Department of Community Affairs. A second public hearing shall be held by the City Commission, following a review and report by the DCA, to finally approve or deny the amendment. Section 4. 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 5. Effective Date. This Ordinance shall immediately take effect upon adoption, with a quorum present and voting, by the City commission of the City of Winter Springs, Florida. CITY OF WINTER SPRINGS, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 3/22/93 posted3/23/93 Public Hearing and Second Reading 4/12/93 The Orlando Sentinel Published Daily , -$95 _ 00 ~tate of jflortba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared fff,;"J.ff"'"'I\' "('\~"nu '. , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at r A~~n BF"RRY in ~fMTNOI F County, Florida; ~hat the attached c()py of advertisement, being ~ NOT T [F 0 F P II HI T r HEARING Inthematterof ORJHNANCF NO. 5~', in the ~Ff'1TNOI F Court, was published in said newspaper in the issue; of n~ .I?A I'I~.. n IUnll.l9-=1 Affiant further says that the said Orlando Sentinel is a newspaper published at [ ~~~i~gf~RY , in said County, Florida, and that the said newspaper has heretofore been continuously published in said )\FMT(lIOI f" County, Florida, each Week Day and has been entered as second-class mail matter at the post office in [A~~n Rf"R~V in said ~F"MtNOI F 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 th rpose of securi this a~:tise.ment }fr publication in the said new paper. ~ The foregoing instrument was ackn ledged before me this 6t' day of April , 19 ~, by . . L"('c.J0AUL , who is pe"ooally known to me an~ an ~~., ~ (SEAL) ~__ BEVLl Y C. SIMMONS en NOT.\R1 My C~lfirr. Exp. 3/10/97 -; PUIlLIC ,,1 BcwJed 8y Service Ins ~jo~Q..- No. CC?6J8'q Of f\; - J.. n PerSlilUly Known , J 0Iher l. D. - --.._-"...-_-~-_...~ NOTICE OF PUBUC HEARING CITY OF WINTER SPRINGS FLORIDA NOTICE OF HEREBY GIVEN by the ClIy Commlsslonof City of Winter Sori Florida, thai said Commisaion win ~ a PUblic Hearing on an ordinance enti- tled as follows: ORDINANCE NO 544 AN ORDINANCE OF 'THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PRO- VIDING FOR A SCHEDULE FOR REVIEW OF COMPREHENSIVE PlAN AMENDMENTS' PROVIDING FOR PROCEDURES FOR REVIEW ANS D ADOPTION OF COMPREHEN_ IVE PlAN AMENDMENTS' PR0- VIDING FOR SEVERABIU,y AND AN EFFECTIVE DATE. ' This Public Haarf"ll win be held at 7:30 p.m. on MondllY, Aprll 12, 11113 or as soon thereafter as ~ble In the Com- mission Chambers, City Han, 1126 East &~.;n::r SprIngS, Florida 32708. -'lable' thePrtlpOSed ordinance are g.- .n office of tha CIty Clerk lor inspection. Interested parties may appear at this h88rfng and be haariI wf/h I'88P8ClIo this proposed ordinance PERSONS wrrH DlSABlUTIES NEEO: 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 '(.con 327-1800 PERSONS ARE ADVISED THAT'IF THEY DECIDE TO APPEAL ANY DECI- SION MADE AT THESE MEETING- SlHEARINGS, THEY WILL NEED A RE- CORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS ~5 WHICH INCLUDES THE TESlT- m....., AND EVIDENCE UPON WHICH THE APPEAL IS BASED PER SECTION 286.0105. FLORIDA STATures 18/ ~ T, Norton ' Mary T. Norton City Clerk