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Home My WebLink AboutOrdinance 2000-28 Comprehensive Plan Amendments ORDINANCE NO. 2000-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ORDINANCE NO. 587 PROVIDING FOR PROCEDURES FOR REVIEW AND ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 10, 1995, the City Commission of Winter Springs adopted procedures for the amendment of the City's Comprehensive Plan; and WHEREAS, since those procedures were adopted, there have been several amendments made to the Florida Growth Management Law which are inconsistent with the City's procedures; and WHEREAS, Section 163.3211, Florida Statutes, provides that the Florida Growth Management Law shall govern over conflicting provisions of the other laws relating to local governments having authority to regulate the development of land, including land development regulations; and WHEREAS, the City Commission desires to update the City's Comprehensive Plan procedures to be consistent with the Florida Growth Management Law; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The City Commission of the City of Winter Springs deems that the aforesaid recitals are true and correct and are incorporated herein by reference. Section 2. The following sections of the City of Winter Springs Code, Chapter 15, Planning, are hereby amended as follows: (underlined type indicates additions; strikeout type indicates deletions; astetisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 15. It is intended that the text in Chapter 15 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * * * City of Winter Springs Ordinance No. 2000-28 Sec. 15-32. Application Deadline. Unless otherwise provided by law, The Comprehensive Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1) as follows: (1) Spring Submittal. (2) Fall Submittal. Sec. 15-33. Exemptions. Major amendments proposed to be considered for review and action during the Spring of any year shall be submitted to the City Manager (or his designee) no later than 5:00 p.m. on the first Wednesday in February. The application(s) will be reviewed at a meeting of the Local Planning Agency to be held in April or as otherwise practicable. Major amendments proposed to be considered for review and action during the Fall of any year shall be submitted to the City Manager (or his designee) no later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the Local Planning Agency to be held in October or as otherwise practicable. * * * (d) Small Scale Amendments. Any local comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments under the conditions indieated in Sec. 15-34 provided by law. Sec. 15-34 Small Scale Anlendments. Reserved. The City may approve small scale amendments to the Contprehensive Plan without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan. Small scale amendments require only one public hearing before the City Commission, which shall be an adoption public hear ing. "Small Scale Amendments" shall mean a pr oposed amendment that is a r csidentialland use of ten (10) aer es or less and a density of ten (10) units per acre or less or in v 01 v es other land use categories, singularly or in combination with residential use, of ten (10) acres or less and. (a) The cumulative effect of the above amendments shall not exceed City of Winter Springs Ordinance No. 2000-28 Page 2 of 5 * * * Sec. 15-38. City Commission Transmittal Public Hearing. The City Commission shall hold a (first) public hearing for the purpose of transmitting the proposed comprehensive plan amendment(s) to the Department of Community Affairs and other agencies in accordance with 163.3184(3)(a)(b), Florida Statutes. The public hearing shall occur no later than the second Commission meeting in June for Spring and no later than the second Commission hearing in December for Fall transmittal. The first public hearing shall be head on a weekday approximately seven (7) days after the day that the first advertisement is published. The City Commission may accept, t)f reject, or accept with modifications, the LPA recommendation. If the City Commission decides to transmit the proposed amendment, then the intention to hold and advertise a second public hearing (at the adoption stage) shall be announced at this (the first) public hearing. Sec. 15-39. Advertisement of Public Hearing. Public hearings shall be advertised pursuant to Florida Law. City of Winter Springs Ordinance No. 2000-28 Page 3 of 5 * * * Sec. 15-43. Effectiveness of the Adopted Amendment. The ordinance adopting the amendment to the Comprehensive Plan shall become effective as provided by Florida law. Section 3. 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 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. 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 City of Winter Springs Ordinance No. 2000-28 Page 4 of 5 the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of November, 2000. PAUL PARTYKA, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk First Reading: October 23, 2000 Second Reading: November 13, 2000 Effective Date of Ordinance: November 13, 2000 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney City of Winter Springs Ordinance No. 2000-28 Page 5 of 5 Orlando Sentinel ~tatt of jflortba } 5.5. COUNTY OF ORANGE I TO ': - MAN WITH ES MADE TO THE FLORIDA GROWTH MANAGEMENT LAW. A PUBLIC HEARING ON THE PROPOSED CHANGES TO ORDINANCE 587 WILL BE ~~D AVN8::pVE~BlrT~~ ~~S ~ WILL TAKE AT THE CITY COMMISSION CHAM. BERS IN AT 1126 EAST ST . WIN- TERS IN. TERES MAY ATTEND AODITIONAt. INFORMATION PERTAINING TQ l'HlI MIOIlE MAY BE OBTAINED FROM ~E drW ~1f~K;~2~F~~,. STATE ROAD 434 WINTER SPRINGSj:: FLORibA. FOR MORE IN ORMATION CALL 327.1800'227. PERSONfl WITH DISABILI. TIES NEEOING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EM- PLOYEE RELATIONS DE. PARTMENT 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 RECOM- MENDATION MADE BY THE CITY COMMISSION WITH RE- SPECT TO ANY MATTER CONSIDERED AT THIS MEET. ~8AJ<>gFW-lil-EN~~E~5: INGS, AND" FOR SUCH ~~~~ ~T~~E~1f TIM RECORD OF THE PRO- CEEDINGS IS MADE UPON WHICH THE APPEAl: IS TO BE BASED. Published Daily Before the undersigned authority personally appeared DEBORAH TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ,. r ,,~j" ,'~ r' ',,, T ti r~ , in , .i; r. Vd ' County, Florida; that the attached copy of advertisement, being a f"j,' IT r-' "j;: :, "j ';. \') in the matter oL----OlmINANCE NO. 2000-28 inthe. '.r,; \1 was published in said newspaper in the issue; of ; 1 1',1/ /) (' Court, , Affiant further says that the said Orlando Sentinel is a newspaper published ?-t to j r iI' 'i i', " . "i"'; " , In said ; '" ',i N::l ' County, Florida, and that the said newspaper has heretofore been continuously published in said ",'1;' )') " County, Florida, each Week Day and has been entered as second-class mail matter at the post office in 1,1 r ,\':',n,' )' 1'1;, in said ',' r \1,\ 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 purp&, of securing this,advertisement for publication in the said newspaper. 'I jI ~ ~?,( The foregoing instrument was acknowledged before me this 3 day of NOV. , 20 ~,by DEBORAH TONEY who is personally known to me and~ ~id ta~e ~?Oath.(} ( . ::-..LJ Ij. C. " ,_ \. I / r,f t~' JEVtl\\' C IMMONS ,A'v ;'.,. -01>. My COlOm Exp, 3/10/2001 I;:! NOTAR " I"' PUBLIC " Bonded By S.=rYIce 1115 ~ No.CC619266 '- , IT'e''''Mlly Known I J Otner I 0 vo'\ ~" '\, t:. " ~1 (SEAL) ANDREA LORENZO-LUACES CITY CLERK : CSE3598911 NOV.3.2000 i