Loading...
HomeMy WebLinkAboutOrdinance 552 Vested Right Determinations ORDINANCE NO. 552 AN ORDINANCE AMENDING THE CITY OF WINTER SPRINGS, FLORIDA ORDINANCE NO. 534 REGARDING THE PROCEDURES FOR DETERMINATION OF VESTED RIGHTS; ESTABLISHING A PROCEDURE FOR VESTED RIGHTS DETERMINATIONS FOR INDIVIDUAL PARCEL OWNERS WITHIN A MASTER PLANNED PROJECT; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part I I, Florida Statutes, entitled the Local Government Comprehensive Planning and Land Development Regulation Act, as emended (the "Act"), empowers and requires the City Commissioners of the City of Winter Springs to plan for the City's future development and growth, and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development of the City; and WHEREAS, the City Commissioners conducted public hearings relating to the adoption of the City of winter Springs Comprehensive Plan and adopted the seme by City Ordinance 513 on April 27, 1992 (the "Plan Adoption Date"); and WHEREAS, Section 163.3202(1), Florida Statutes, requires the City to adopt or emend and enforce land development regulations that are consistent with and implement its adopted Comprehensive Plan; and WHEREAS, Section 163.3194(1)(b), Florida Statutes, requires that all land development regulations enacted or amended by the City of Winter Springs shall be consistent with the adopted Comprehensive Plan, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent; and WHEREAS, the Comprehensive Plan envisions that the City of Winter Springs shall adopt an administrative process for determining whether a person's right to develop is vested, and the City of Winter Springs established that process by adopting Ordinance No. 534; and WHEREAS, the City Commission of the City of Winter Springs desires to make certain revisions to Ordinance No. 534. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I - Section I I(A) of Ordinance No. 534 is hereby amended to add subsection (9) which shall read as follows: 9. Individual parcel owners within a larger project may rely on and be governed by a Vested Rights Special Use Penmit covering the overall project. Such an individual parcel owner may also apply for a vested rights detenmination for his parcel only. If an individual parcel owner receives an independent Vested Rights Special Use Penmit for his parcel, such an individual vested Rights Special Use Permit shall establish and govern the vested rights of that parcel, notwithstanding the prior or later approval of a Vested Rights Special use Permit for the larger project of which the parcel is a part. A substantial deviation determination under Sections IV(C) and (D) hereof for a parcel governed by such an individual Vested Rights Special Use Permit shall be based on the proposed changes to the individual parcel. A substantial deviation detenmination for a vested project encompassing more than one development parcel shall be evaluated based on the proposed changes to the parcels governed by the project's Vested Rights Special Use Penmit, exclusive of any development within parcels governed by an individual Vested Rights Special use Permit. SECTION I I - SEVERABILITY If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions thereof. SECTION I I I - EFFECTIVE DATE This Ordinance shall take effect upon its adoption by the City Commission. PASSED and ADOPTED this : 22nd day of November,1993 CITY OF WINTER SPRINGS, FLORIDA Mayor ATTEST: Mary T. Norton City Clerk First Reading 10/25/93 Posted 10/27/93 Public Hearing and Second Reading 11/22/93 ------------------------------ The Orlando Sentinel Pub'jsm~~8Y in the S(1'1 "{NOL ~ was published in said newspaper in the issue; of 1. 1. / n 7 /9:f Court, NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE OF HEREBY GIVEN that the <;:lty Commlsslon of the City of Winter Settngs, FlOrida, that said Commission WIll hOld a Public Hearing on an ord~ nance entitled as follows: ORDINANCE NO. 552 AN ORDINANCE AMENDING THE CITY OF WINTER SPRINGS, FLOR- IDA. ORDINANCE NO. 534 RE- GARDING THE PROCEDURES FOR DETERMINATION OF VESTED RIGHTS; ESTABLISHING A PRO- CEDURE FOR VESTED RIGHTS DETERMINATIONS FOR INDIVI- DUAL PARCEL OWNERS WITHIN A MASTER PLANNED PROJECT' PROVIDING SEVERABlUTY; PRO: VlOfNG AN EFFECTIVE DATE. This Public Hearing will be hekt at 7:30 p.m. on Monday, Nov. 22,1993, or as soon thereafter as possible in the Com- mission Chamber, ~Ity Hall, 1126 East S.R. 434, Winter Springs, FIoride 32708 Copies of the P/'OPOSlld ordinance are. available In the offlce of the City Clerk tor Inspection. Interested parties may lIPIlear at this hearing and, be heard with respecf to this prOPOSed ordinance. PERSONS WITH DISABIUTIES NEED- 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 (40n 327-1800. PERSONS ARE ADVISI:D THAT IF THEY DECIDE TO APPEAL ANY DECI- SIONS 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 MADE, WHICH INCLUDES THE TESTI- MONy AND EVIDENCE UPON WHICH THE APPEAL IS BASED, PER SECTION 286.D105, FlORIDA STATUTES. Dated this 7th dW, of November, 1993. ~ill'Rlk WINTER SPRINGS, IsIMarv T. Norton, Mary r. Norton City Clerk SLSB261031 Nov.7,1993 ~tatt of jf'[ortba } S.S. COUNTY OF ORANGE Before the undersigned authority persona~ affear~)c::, A DQ 1U Nil" '. '. , ho on oath say's that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper publiShed at (" A"''''n ~F'RRY in SF'MTNOI F Countt Florida; that the attached COPrl' of advertisement, bei~ a NOT T (" r <) F PI J R T (" H inthematterof OR INANCr NO. .Ii 2 Affiant further says that the said Orlando Sentinel is a newspaper published at C ~~~n BFRR'f , in said "'FMTN<)1 r County, Florida, and that the said newspaper has heretofore been continuously published in said :':F'MIN<)I F County, Florida, each Week Da and has been entered as second-class mail matter at the post office in j:'" in said "'F"MTNOJ r 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, fir or corporation any . count, rebate, commission or refund for the ur se of securi-ng his d rtisemen or publication in the said newspa er. -_......,--.. .,,-...._.__._--.._,..__.--._.-"'.--......,.....~._~