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HomeMy WebLinkAboutOrdinance 2005-25 Chestnut Estates On-Street Parking ORDINANCE NO. 2005-25 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA TEMPORARILY EXEMPTING THE CHESTNUT ESTATES SUBDIVISION FROM THE VEHICLE ON-STREET PARKING PROHIBITION OF SECTION 12-65(1)(a) OF THE CITY CODE UNDER THE CONDITIONS STATED IN THIS ORDINANCE; MAKING FINDINGS OF AN EMERGENCY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, DIRECTION THAT THIS ORDINANCE NOT BE INCORPORATED INTO THE CODE, SEVERABILITY, EFFECTIVE DATE, AND AN AUTOMATIC TERMINATION DATE NINETY (90) DAYS AFTER THE EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to Chapter 316, Florida Statutes, the City has exclusive jurisdiction over city roadways running through and within the City of Winter Springs; and WHEREAS, through the enactment of Section 12-65 of the City Code, the City Commission has prohibited on-street parking of vehicles on roadways unless otherwise expressly authorized in the City Code; and WHEREAS, on-street parking is currently prohibited within the Chestnut Estates subdivision located adjacent to Winter Springs Boulevard; and WHEREAS, credible evidence has been presented to the City Commission indicating that residents of the Chestnut Estate subdivision are in a dispute; and WHEREAS, such evidence also indicates that some residents of the Chestnut Estates subdivision are trying to enflame this dispute by using the existence of Section 12-65 to harass, intimidate and threaten other residents of the Chestnut Estates subdivision by making numerous non-emergency calls for service to the Winter Springs' police department; and WHEREAS, the City Commission of Winter Springs hereby finds that this dispute constitutes a serious threat to the community and an emergency situation; and WHEREAS, the City Commission desires to take immediate steps to attempt to assist the residents of the Chestnut Estates subdivision in reducing this threat to the extent that residents are attempting to utilize Section 12-65 to threaten and harass other residents; and City of Winter Springs Ordinance 2005-25 Page 1 of3 WHEREAS, the aforesaid situation must be addressed immediately by the City Commission in order to reduce a serious threat to the community; and WHEREAS, the City Commission hereby finds that the goals of this Ordinance serve a public purpose and that this Ordinance was unanimously approved by the City Commission present at a public meeting on June 27,2005; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is 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 foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Chestnut Estates; Temporary Exemption from Section 12-65(1)(a). The Chestnut Estates subdivision located adjacent to Winter Springs Boulevard is hereby temporary exempt from the provisions of Section 12-65(1)(a), subject to the following conditions: 1. The exemption shall only apply to the even address side of Blue Creek Drive and Black Cherry Court ("hereinafter referred to as "Streets"). 2. The Chief of Police is hereby instructed to immediately notify the board of directors of the Chestnut Estate Home Owner's Association. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. 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 the validity of the remaining portions of this Ordinance. Section 6. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. This Ordinance shall automatically expire ninety (90) days after the effective date. City of Winter Springs Ordinance 2005-25 Page 2 of3 ADOPTED by the City Commission of the City of Winter Springs, Florida, this 27 th day of June, 2005. John F. Bush, 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 City of Winter Springs Ordinance 2005-25 Page 3 of3 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH M. TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement being a THE CITY OF WINTE in the matter of ord. 2005-29 in the SEMINOLE Court was published in said newspaper in the issue; of 10/20/05 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE 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 purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 20th day of OCTOBER , 2005, by DEBORAH M. TONEY who is personally known to me and did take an oath. (SEAL) BEVERLY C. SIMMONS THE CITY OF WINTER SPRINGS GIVES PUBLIC NOTICE THAT THE LOCAL PLANNING AGENCY WILL CONSIDER THE FOLLOWING: ORDINANCE NO, 2005.29 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RE- LATING TO COMPREHEN- SIVE PLANNING; SET- TING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS- CPA-06-01, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CER- TAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GEN- ERALL Y DESCRIBED AS SEVEN (7) PARCELS OF LAND, CONTAINING 47.27 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG SHEPARD ROAD AND NORTH OF FLORIDA AV- ENUE, MORE PARTICU- LARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY IN- CORPORATED HEREIN BY THIS REFERENCE, FROM CITY OF WINTER SPRINGS "INDUSTRIAL" TO CITY OF WINTER SPRINGS "MEDIUM DEN- SITY RESI DENTIAL"; PROVIDING AN EFFEC- TIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT: PROVID- ING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COM. MUNITY AFFAIRS; PRO- VI DING FOR THE RE. PEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLU. TIONS, SEVERABI LITY, AND AN EFFECTIVE DATE. ON TUESDAY. NOVEMBER 1. 2005 AT 7:00 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA The proposed ordinance may be inspected by inter ested parties between 8 a.m. and 5 p.m., Mondav through Frldav, at the Cltv's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more informatlon call (407) 327. 1800 #227. Persons with disa. bilities needing assistance to participate in anv of these proceedings should contact the Emplovee Rela- tions Department Coordina- tor, 48 hours in advance of the meeting at (407) 327. 1800, Extension 236. This is a public hearing. If you de- cide to appeal anv recom. mendation/declsion made by the Local Plonning Agencv with respect to any matter considered at this meeting, you will need a record of the proceedings. and for such purposes, you mav need to ensure that a verbatim rec cord of the proceedings is made upon which the appeal is based. Interested parties are advised that thev may appear at the meeting and be heard with respect to the proposed ordinance. CSE6436928 10/20/05