HomeMy WebLinkAboutOrdinance 758 Comp. Plan Amendments
ORDINANCE NO. 758
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE
COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG-
CPA-2-98, LG-CPA-3-98, AND LG-CPA-4-98 WHICH SHALL AMEND THE
COMPREHENSIVE PLAN BY ADDING THREE POLICY STATEMENTS
RELATING TO LAND CONSERVATION AND RESOURCE PROTECTION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE
PLAN; AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF
THE PLAN AMENDMENTS.
WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, section 163.3167(11), Florida Statutes, encourages local governments to
articulate a vision of the future physical appearances and qualities of its community; and
WHEREAS, pursuant to, and in furtherance of, section 163.3167(11), Florida Statutes, the
City Commission of the City of Winter Springs, through a collaborative planning process with
meaningful public participation, desires to adopt three new comprehensive plan policies (LG-CP A-2-
98; LG-CPA-3-98; and LG-CPA-4-98) which are intended to: (1) preserve vegetative and wildlife
habitat of species designated as endangered, threatened or of special concern and significant cultural
and archaeological resources; (2) provide coordination through the resource protections plans of
local, state and federal jurisdictions in the development of the Town Center; and (3) provide
participation in the development and management practices of any SWIM Plan or similar type
government agency plans; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in chapter 163, part II, Florida Statutes, on the
proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and
all interested parties submitting written and oral comments and has recommended adoption to the
City Commission; and
WHEREAS, on November 9, 1998, the City Commission ofthe City of Winter Springs held
a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered
findings and advice of stafl: citizens, and all interested parties submitting written and oral comments,
and after complete deliberation, approved the amendment for transmittal to the Florida Department
of Community Affairs; and
WHEREAS, on April 30, 1999, the Florida Department of Community Affairs issued its
Objections, Recommendations, and Comments Report to the City and found the subject large scale
Comprehensive Plan amendments consistent with Rule 9J-5, Florida Administrative Code, and
Chapter 163, Part IT, Florida Statutes and also raised no objections to the proposed Comprehensive
Plan amendments; and
WHEREAS, pursuant to section 9J-11.006, Florida Administrative Code, this
Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance
for comprehensive plan amendments; and
WHEREAS, on May 8, 2000, the City Commission of the City of Winter Springs held a duly
noticed public adoption hearing on the proposed amendments set forth hereunder and considered
findings and advice of staff: citizens, and all interested parties submitting written and oral comments
and supporting data and analysis, as well as the Objections, Recommendations, and Comments of the
Florida Department of Community Affairs, and after complete deliberation, approved (with
modifications to the original proposed amendment based on DCA's ORC Report) and adopted the
proposed amendments hereunder; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests of the public health, safety, and welfare
of the citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals.
herein by this reference.
The foregoing recitals are true and correct and are fully incorporated
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act, sections
163.184 and 163.187, Florida Statutes.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarifY, expand, correct, update, modi1Y and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
Section 4. Adoption of Text Amendment to Comprehensive Plan. The City of Winter
Springs' Comprehensive Plan is hereby amended as follows:
A) LG-CP A-2-98 (Conservation Element). A new Policy 3 is hereby added under
Objective C ofthe Conservation Element as follows:
City of Winter Springs
Ordinance No. 758
Page 2 of 5
Policy 3)
There shall be no destruction of vegetative communities, wildlife and wildlife habitat
of those species designated as endangered, threatened or of special concern. The City
itself shall be subject to this same policy statement. There shall be no destruction of
such communities and habitats on City owned property. Due to the higher density of
development envisioned for the new Town Center, the City shall create a Town
Center Resources Protection District that will extend to all areas of the Town Center.
In 2000, the City shall develop specific land development regulations that will ensure
resource protection within the Town Center.
Conforming Amendments: Existing Policy 3 shall be redesignated as Policy 4 and the
existing policies following existing Policy 3 shall be redesignated as Policy 5,6, 7, and 8 respectively.
B) LG-CP A-3-98 (Land Use Element). A new Policy 1 is hereby added under Objective
C, Goall of the Land Use Element as follows:
Policy 1)
Historically significant cultural and archaeological sites shall be protected from
development or redevelopment activities as detailed in the City Land Development
Regulations. In 2000, the City shall prepare and maintain an inventory of historically
significant sites within its corporate boundaries. The City shall assure that there shall
be no loss of historic resources on city-owned property. In 2000, the City shall
develop more restrictive language in the Land Development Regulations ensuring the
protection of historically significant cultural and archaeological sites from
development or redevelopment.
Conforming Amendments: Existing Policies 1 and 2 shall be redesignated as Policy 2 and
3 respectively.
C) LG-CP A-4-98 (Intergovernmental Coordination Element). A new Policy 4 is hereby
added under Objective C of the Intergovernmental Coordination Element as follows:
In 2000, the City shall develop language in the City's Land Development Regulations
ensuring the development of the City's new Town Center shall be coordinated with
all resource protection plans of local, state and federal jurisdictions that may exist.
The City shall coordinate with the resource protection efforts of SJR WMD for Lake
Jessup and the City shall involve itself in the process for development of the SWIM
Plan or a similar plan.
City of Winter Springs
Ordinance No. 758
Page 3 of 5
Conforming Amendments: None.
Section 5. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting these adopted Comprehensive Plan
Amendments to the Florida Department of Community Affairs, in accordance with section
163.3187(1)(c)(4), Florida Statutes, and section 9J-ll, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. Ifany 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 ofthe
remaining portions ofthis ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this ordinance, said Amendments shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendments. The effective date of
the Amendments adopted by this Ordinance shall be a date a final order is issued by the Florida
Department of Community Affairs, or the Administration Commission finding the Amendments in
compliance with section 163.3184, Florida Statutes. No development orders, development permits,
or land use dependent on these Amendments may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the Administration Commission, the
Amendments may nevertheless be made effective by adoption of a resolution affirming its effective
status. After and from the effective date ofthese Amendments, the Comprehensive Plan Amendments
set forth herein shall amend the City ofWmter Springs Comprehensive Plan and become a part of that
plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive
Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 8th day of May, 2000.
City of Winter Springs
Ordinance No. 758
Page 4 of 5
ATTEST:
AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
SPRINGS ONLY:
Transmittal Hearing: November 9. 1998
Adoption Hearing: May 8. 2000
City of Winter Springs
Ordinance No. 758
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