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ORDINANCE NO. 2001-26
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, ADOPTING THREE (3) LARGE SCALE
COMPREHENSIVE PLAN PROPOSALS (LG-CP A-2,3, 4-98) TO ADD TEXT
TO THE LAND USE ELEMENT AND THE CONSERVATION ELEMENT
AND INTERGOVERNMENTAL COORDINATION ELEMENT WHICH
SEEK TO FURTHER ENSURE NO DESTRUCTION OF VEGETATION AND
WILDLIFE, LOSS OF SIGNIFICANT CULTURAL AND
ARCHEOLOGICAL RESOURCES ON CITY-OWNED PROPERTY, AND
THAT THE CITY WILL COORDINATE WITH THE RESOURCE
PROTECTION PLANS OF LOCAL, STATE, AND FEDERAL
JURISDICTIONS IN THE NEW TOWN CENTER DISTRICT; 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, 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 DCA's ORC Report 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 13,2001, the City Commission of the City of Winter Springs
City of Winter Springs
Ordinance No. 2001-26
Page I of 5
held a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered
findings and advice of the Land Planning Agency, staff, 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 January 26,2001, the Florida Department of Community Affairs issued its
Objections, Recommendations, and Comments Report ("ORC Report") to the City and made
recommendations to bring the subject Comprehensive Plan amendments in compliance with Rule
9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; and
WHEREAS, the City Commission and the Land Planning Agency have evaluated the ORC
Report and have accepted the recommendations contained therein by making the necessary
modifications to the Comprehensive Plan amendments originally transmitted to the Florida
Department of Community Affairs in order to bring the amendments in compliance with Rule 9J-5,
Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; 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 March 26, 2001, 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 ofthe Land Planning Agency, 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
City of Winter Springs
Ordinance No. 2001-26
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complete deliberation, approved 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, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS 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 of the City
of Winter Springs' Comprehensive Plan.
Section 4.
Adoption of Amendments to Comprehensive Plan.
The City of
Winter Springs' Comprehensive Plan, Conservation Element, Land Use Element, and
Intergovernmental Coordination Element, is hereby amended by adding three (3) policy statements
to said element of the City's Comprehensive Plan, which are attached as Exhibit "1 ", and fully
incorporated herein by this reference.
Section 5.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
City of Winter Springs
Ordinance No. 2001-26
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resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6.
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 7.
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 8.
Effective Date and Legal Status of the Plan Amendments. The effective
date of the Comprehensive Plan Amendments 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 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
commenced 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 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. 2001-26
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 26th day of March, 2001.
PauI 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
First Readmg: March 21, 2001
Second Reading: March 26, 2001
Effective Date:
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City of Winter Springs
Ordinance No.2001-26
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EXHIBIT 1
A) LG-CPA 2-93 (Conservation Element). A new Policy is hereby added under
Objective C of the Conservation Element as follows
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 2002 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 I is hereby added under Objective
C. Goal 1 of the Land Use Element as follows:
Policy I)
Historically significant culturai and archaeological sites shall be protected from
development or redevelopment acitvities as detailed in the City Land Development
Reb7Ulations. In 2002 ,the City shall prepare and maintain an inventory of historically
significant sites within its corporate boundaries. The City shali assure that there shall
be no loss of historic resources on city-owned property In 2002 , the City shall
develop more res<rictive 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 (lntergovemmcntal Coordil1ation Element). A new Policy 4 is hereby
added under Objective C of the Intergovernmental Coordination Element as follows:
In 2'00 2 ,th~ City shaJ: develop language in the City's Land DevelojJment Regulations
ensuring the developmep.l of the City's new Town Center shall be coordinated with
all resource protection pla!ls of local. ~;tate and federal jurisdictions that may exist.
The City shall cOQrclinate with th~ resource protection efforts of SJR WMD for Lake:
Jessup and the City shJJ! involve it$clr in th~ proccss for development of the SWM
Plan or a similar plan