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Home My WebLink About2000 10 04 Regular Item C CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development DepL Planning Division PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY II. C. PROPOSED REVISIONS TO ORD. 587 CONCERNING PROCEDURES FOR REVIEW AND ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS ',,;;,;.. ,. STAFF REPORT: REQUEST: The City Attorney requests the Land Planning Agency review the proposed changes (underlining = additions to text; strikethroughs = deletions to text) to Ordinance 587 relating to procedures for review and adoption of Comprehensive Plan amendments. ~.' . PURPOSE: These changes will make Ordinance 587 consistent with the Florida Growth Management Act. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3211 F.S. which states in part: "Where this act may be in conflict with any other provision or provisions of law relating to local governments having authority to regulate the development of land, the provisions of this act shall govern unless the provisions of this act are met or exceeded by such other provision or provisions of law relating to local government, including land development regulations adopted pursuant to Chapter 125 or Chapter 166. . , ." CONSIDERA TIONS: . Ordinance 587 was adopted on July 10, 1995. . Several amendment have been made to the Florida Growth Management Act. . The amendments to the Growth Management Act are in conflict with Ordinance 587, . The City Manager has requested several minor amendments to Sec. 15-32 and Sec. 15-38. These minor amendments will allow for more flexibility in scheduling the Land Planning Agency and City Commission public hearings. FISCAL IMPACT: None. STAFF RECOMMENDATION: The City Staff and City Attorney recommend that the Commission adopt the proposed amendments to Ordinance 587. "..:;;. IMPLEMENTATION SCHEDULE: The City Commission would hold a'first reading of Ordinance 2000-28 revising Ordinance 587 on October 9lh and hold a public hearing for second reading and adoption on October 23, 2000. ATTACHMENTS: A. Proposed Ord~.2000-28 revising Ord. 587 (showing additions as underlings and deletions }lS, strikethroughs). ATTACHMENT A :,:;; " ORDINANCE NO. 2000-2H AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTEH. SPRINGS, FLORIDA, AMENDING ORDINANCE NO. 587 PROVIDING FOH. 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 163.321 f 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; asterisks (* * *) 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, rfhe Comprehensive Plan of the City or Winler Springs shall be amended only twice per year in accordance with 163,3187(1) as follows: (1) Spring Submittal. 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. (2) Fall Submittal. 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. Sec. 15-33. Exemptions. * * * (d) Small Scale Amendments. Any local comprehensive plan amendments dir<1.ctly 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 indicated in Sec. IS 34 provided by law. Sec. 15-34 Small Scale AntendnttJ1ts; Reserved. The City may appIO v e small seale amendments to the Compl ehensi v e Plan without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan. Small scale amendments require only one public healing before the City Conanission, which shall be an adoption public hearing. "Small Scale Amendments" shall mean a proposed amendment that is a residential land use often (10) acres 01 less and a density often (10) units pel acre or less or involves 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 cxeeed sixty (60) acres annually, City of Winter Springs Ordinance No. 2000-28 Page 2 of 5 fa) "I' h c-propo~etl-(tm end men t-d oe:)no t-invn Ive-th e-~a m e-pn >perly-m (m: thctn-onee-a-year;---and (c) The-propo~etl-amendment-does-----rmr-tnvol-ve-the-~"ame-owner2-~ property-withm-nvo-hunclretl (200) feet-of-propertyt,'1<t11tetJ-a-chcmge ~V i th in I he-prior-twetve-(--I-Zt-months-:- * * * 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 ~~ll 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, or reject, or accept with modifications, the LPA recommendation0)r transmit a modified proposal that is within the scope of IMiters considered in the huuing. 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. (a) Required Information. The ad'vertisement of the public hearing shall state the date, time, pl(lee of the meeting, the subject of the meeting, and the place or places WhCIC thc proposed eomprehcnsi vC plan amcndment(s) may be inspected bJ the public. The ad'v er tisement shall also ad vise that interested parties may appear at the rfleeting and be heard regarding the tIansmittal or adoption of the eomprehensi v e plan amendment(s). (b) Required Porm. If the proposed amendment changes tl.c pelmitted uses of land or changes land use eategOI ies, then the ad vertisement shall be no less than onc-quclItCI (1/4) page in a standald size or a tabloid size newspaper, and the headline in tlIe adveItisement shall be in a ty pc no smaller than eighteen (18) poi I!!. The ad vertisement shall not be placed in that portion of the newspaper whcle legal notices and classified ad vel tisements appeal. The notice shall be pttblished in a-newspaper of general paid eil ewat1-em-in-tht~€itJof City of Winter Springs Ordinance No. 2000-28 Page 3 of 5 -Wi nlcr-Sprin g~--atld-of-gcncrah n tcrc:-;t-a ntl-rcad cr~hlp-:--Whcncvcr pt)~~ble--;-t-hCt.ttlvcrh :->trncn l-~ htlHctppctl r-tTl<r-ncwspapcr-th(l t-i s pu bl1~h cd--a rlcasrl1vc--(-S-)-t1tlys-;r"vcck~fh c<ttlvert-iscmcn t-sh(lH---hc In-sUbsld n I ia II y I he-foHowing-foml. NfY-Ft€-C~F-CII AN G E-HF-bAND USE -l'--he--€ity-ofWinter-Sprin-gs--pro-poses to change-the-use-of land within the al ea shown in the map in this advertisement;- A-----publi~he31ing on the plOposal nill be--h-eld on (date and time) at (location of the meeting place)-; [a gcographic.lI location lt1ap which cleally indicates the area eo v ered by the ploposal shall be placed here.. The mdp shall include major street names as means of identification of the area.] Th~;p! oposed amendment may be inspected by iute! ested parties between (days and time) at (location). Interest parties may appeal at the meeting and be heal d I ega! ding this amendment. * * * Sec. 15-fJ3. Effectiveness of the Adopted Amendment. The ordinance adopting the amendment to the Comprehensive Plan shall become effective upon the Department of Community Affairs issuing a Notice of Intent to fihd the adopted amendment in compliance 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 the validity of the remaining portions of this ordinance, CilY of Winler Springs Ordinance No. 2000-28 Page 4 of 5 Section 6. EITective Date. This Ordinance shall become clTcctive immediately upon adoption by the City Commission of the City of Wintcr Springs, Florida, ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting asscmbled on the _ day of , 2000. PAUL PARTYKA, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk First Reading: Second Reading: Effective Date of Ordinance: "...,-" 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