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HomeMy WebLinkAboutOrdinance 2000-09 Public Schools ORDINANCE NO. 2000-09 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY REPLACING EXISTING POLICY 2)A.,B. UNDER OBJECTIVE B OF THE GOAL 3 WITH NEW LANGUAGE (AS POLICY 2) WHICH WOULD IDENTIFY THE LAND USE CATEGORIES IN WHICH PUBLIC SCHOOLS ARE AN ALLOWABLE USE AND PROVIDE SCHOOL SITING CRITERIA; PURSUANT TO 166.041 FLORIDA STATUTES; PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. 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, the Department of Community Affairs requires that each local jurisdiction amend its Comprehensive Plan to include land use categories in which public schools are an allowable use and provide school siting criteria; and WHEREAS, the City Commission amend the City of Winter Springs Comprehensive Plan to include the following language that would identify the land use categories in which public schools are an allowable use and provide school siting criteria; and WHEREAS, the Planning and Zoning Board at its November 24,1999 meeting reviewed the proposed new language that would change the Future Land Use Element of the Comprehensive Plan by replacing existing Policy 2)a.,b. under Objective B of Goal 3 with new language (as Policy 2) which would identify the land use categories in which public schools are an allowable use and provide school siting criteria; and City of Winter Springs Ordinance No. 2000-09 Page 1 of 5 WHEREAS, the Comprehensive Plan amendment adopted by this Ordinance complies 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, and serve a legitimate government interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. 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, modify and otherwise further the provisions ofthe City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Text Amendment to Comprehensive Plan. The City of Winter Springs' Comprehensive Plan, Future land Use Element, shall hereby be amended to include the following Goal, Objectives, and Policies regarding Public Schools: (underlined type indicated additions) Public schools (kindergarten through high school) are considered an allowable use in any areas with the following future land use designations: Rustic Residential: Lower Density Residential: Moderate Density Residential: Medium Density Residential: Higher Density Residential: Urban Density Residential: Commercial: Industrial: Mixed Use: Public Buildings: Town Center City of Winter Springs Ordinance No. 2000-09 Page 2 of 5 These public schools shall be developed in accordance with: 1. The Land Development code (to the extent that the code is not in conflict with State or Federal requirements): 2. The requirements of any mutual agreement between the City of Winter Springs and the Seminole County School Board which are consistent with this Comprehensive Plan: a. These schools shall be located in close proximity to or existing or anticipated concentrations of residential development except for high schools an except for specialized schools which are suitable for other locations due to their special characteristics. b. They should generally be located away from industrial uses. air:ports. railroads. and other facilities. which might adversely impact the schools due to noise. vibration. odors. dust. toxic materials. traffic conditions. and/or other substantial hazards. c. They should minimize detrimental impacts on residential neighborhoods. hospitals. nursing homes and similar uses through proper site location. configuration. design layout. access. parking. and buffers. d. The school size and land area should generally satisfy the minimum standards established by the Seminole County School Board. e. Sites should be of sufficient size to ensure that the initial and the anticipated buildings and other improvements can be located away from flood plains. wetlands. and other environmentally sensitive area an will not adversely impact historic or archaeological resources. f Suitable potable water. sewer. storm water. and fire protection facilities should be available to the site. g,. Sites should have frontage on or direct access to a collector or arterial road and should have suitable ingress and egress for pedestrians. bicycles. cars. buses. service vehicles. and emergency vehicles. City of Winter Springs Ordinance No. 2000-09 Page 3 of 5 h. The joint use of public properties for school facilities. park and recreation improvements (including community centers). and Seminole County branch libraries should be encouraged where feasible. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting this 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-11, 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. If any 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 of the remaining portions of this ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment 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 Comprehensive Plan Amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Winter 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. City of Winter Springs Ordinance No. 2000-09 Page 4 of 5 ADOPTED by the City Commission of the City 0 Winter Springs, Florida, in a regular meeting assembled on the 24th day of April, 2000. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney 4/24/2000 City of Winter Springs Ordinance No. 2000-09 Page 5 of 5 NOTICE OF TEXT CHANGE TO THE COMPREHENSIVE PLAN LOCATION OF PUBLIC SCHOOL FACILITIES NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEARING FOR SECOND READING OF ORDINANCE 2000-09 ON A PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT TO ADD TEXT TO THE LAND USE ELEMENT AND CHANGE THE 2010 FUTURE LAND USE JvfAP AS IT RELATES TO THE LOCATION OF PUBLIC SCHOOL FACILITIES. CITY OF WINTER SPRINGS FUTURE LAND USE MAP - 2010 A PUBLIC HEARING ON THE PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT WILL BE HELD ON MONDAY, APRIL 24, 2000 AT 6:30 PM. THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAM-- BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORI- DA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THOMAS GRIMMS, AICP AT THE COMMUNITY DEVELOPMENT DEPART- MENT - PLANNING DIVISION, AT CITY HALL, I] 26 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-1800 #303. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 #236. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK