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HomeMy WebLinkAbout2005 04 25 Public Hearing 404, Ordinance 2005-12, LS-CPA-05-07, amend the Conservation and Future Land Use element for upland wetland buffers CITY COMMISSION April 25. 2005 Meeting x ITEM 404 MGR. REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading and Transmittal to consider a Large Scale Comprehensive Plan Text Amendment for Ordinance 2005-12 (referenced as LS-CPA-05-07), which amends the Conservation Element and the Future Land Use Element relating to upland wetland buffers. PURPOSE: The City of Winter Springs is initiating the request for a Large Scale Comprehensive Plan Text Amendment to revise language in the Comprehensive Plan related to upland wetland buffers to clarify the intent. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation ofthe comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. . . (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprin1!s Charter Section 4.15 Ordinances in General. Winter Sprin1!s Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent: @ February 10, 2003 Regular Item I Page 2 of 17 Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: May 13, 2002-City Commission adopted Ordinance 2001-55 adopted the EAR-based plan amendments to the Comprehensive Plan. Mar. 24, 2005- Public Noticing in Orlando Sentinel ofLPA Public Hearing Apr. 5,2005- LPA heard the request and made a recommendation of approval for Ord. 2005-12. Apr. 14,2005- Public Noticing in the Orlando Sentinel of City Commission Transmittal Hearing CONSIDERATIONS: The City of Winter Springs is the Applicant seeking the Comprehensive Plan Text Amendment to the Future Land Use Element and the Conservation Element. The amendment addresses discrepancies between what is currently required and what the St. John's River Water management district (SJRWMD) will mitigate. The language requiring a 25-foot upland buffer adjacent to wetlands was included in the Conservation Element and the Future Land Use Element when the City adopted the EAR-based plan amendments to the Comprehensive Plan in May 2002. According to minutes from the workshops, transmittal hearing, and the adoption hearing, the City had quite a bit of discussion related to this item. (Minutes from discussions relating to the adoption of this text is included as Attachment B.) The proposed text revision retains the 25' upland wetland buffer, except for wetlands that are already impacted due to mitigation. The SJRWMD does not allow wetlands to be reduced for the purpose of providing for uplands. The purpose of the buffer is to reduce secondary impacts to wetlands that are not being impacted or mitigated, as stated in the SJRWMD's Applicant's Handbook: Management and Storage of Surface Waters, secondary impacts to a wetland will not be considered adverse, if buffers are provided "abutting those wetlands that will remain under the permitted design". The proposed text amendment clarifies that the upland wetland buffer is for those wetlands that are not being mitigated. February 10, 2003 Regular Item I Page 3 of 17 Current buffer criteria under the SJRWMD is a minimum width of 15' and an average width of 25' for upland wetland buffers. The SJRWMD also allows an applicant to propose buffers that do not meet the described dimensions, buffers of different dimensions, measures other than buffers, or to provide information including the required reasonable assurance. The proposed text amendment retains the City's more conservative policy of requiring a 25' buffer. FINDINGS: (1) The proposed amendment will have no effect on the city's budget, or the economy of the city or the region; (2) The proposed amendment will not diminish the level of service (LOS) of public facilities; (3) There will be a continued favorable impact on the environment of the city as a result of the proposed amendment; (4) The proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no longer required as this rule was repealed; (5) The proposed amendment does not affect the cost/effective use of or unduly burden public facilities; (6) The proposed amendment does not affect compatibility with surrounding neighborhoods and land use; (7) The proposed amendment will not cause the comprehensive plan to be internally inconsistent. The amendment addresses discrepancies between what is currently required and what the SJR WMD will mitigate. (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida Administrative Code. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board! Local Planning Agency on April 5, 2005, the Board held a Public Hearing and recommended "Approval" to the Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading and Transmittal of Ordinance 2005-12, a Large Scale Comprehensive Plan Text Amendment (referenced as LS-CP A-05-07), to the Department of Community Affairs, based on the Findings enumerated above. IMPLEMENTATION SCHEDULE: ApI. 25,2005- Transmittal Hearing for Large Scale Comprehensive Plan Text Amendment to the Transportation Element and the Future Land Use Element (Ordinance 2005-12) May 2, 2005- Transmittal to DCA July 25, 2005- Anticipated Adoption Hearing Date February 10, 2003 Regular Item I Page 4 of 17 ATTACHMENTS: A. Minutes from Adoption of Comprehensive Plan B. SJRWMD Applicant's Handbook: Management and Storage of Surface Waters C. Unapproved Minutes from P&Z/LPA Meeting of April 5, 2005 D. Ordinance 2005-12 COMMISSION ACTION: February 10, 2003 Regular Item I Page 5 of 17 ATTACHMENT A Minutes from Adoption of Comprehensive Plan CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING MAY 6, 2002 PUBLIC HEARINGS A. Community Development Department Requests The City Commission Consider The Objections, Recommendations And Comments (ORC) Report Received From The Department Of Community Affairs (DCA) And The Recommendations Of Land Design Innovations (LDI) For The Evaluation And Appraisal Report (EAR) Based Amendments To The Comprehensive Plan. *** Discussion next encompassed wetland buffers. Commissioner McLeod returned to the Commission Chambers at 8:02 p.m. Tape 2/Side A Objective 1.4 was discussed next which included discussion on the minimum required for buffers. Ms. Tyjseski stated, "The second one is the one that you had as .1, now is .2 - the 15 and 25." Commissioner Blake asked Ms. Tyj seski, "When did we add - in the language to go down to fifteen feet (15'), because it doesn't show up in either one of my areas, and I don't recall doing that." Mr. McDonald commented, "These changes are the result of either directives from the series of Workshops, because this was the copy of the Comprehensive Plan that was transmitted to DCA [Department of Community Affairs], and this is in fact a copy that was reviewed, upon which the ORC Report is based." Commissioner Blake stated, "I've got to tell you, I would like to see the Minutes to find out when that occurred. I was here for every one of those Meetings and I don't remember adding a provision to go down to fifteen feet (15'). In fact, I think ifit would have been discussed, that there would have been some opposition to that from this Commission." Additionally, Commissioner Blake asked, "How did this get in there." Mr. McDonald advised Commissioner Blake, "We will be happy to produce the Minutes to clarify any oversights." Members of the Commission briefly discussed this with Mayor Partyka stating, "Let's look it up in the Minutes." Then Mayor Partyka inquired, "Does this Commission agree with the twenty- five (25)?" Commissioner Martinez stated, "Yes." Furthermore, Commissioner Martinez spoke on the wetlands and the acquifer and stated, "I think twenty-five feet (25') is the minimum we should establish as a rule." Mayor Partyka summarized that "Right now, this Commission is saying twenty-five (25) minimum is what they want." February 10, 2003 Regular Item I Page 6 of 17 ATTACHMENT A Minutes from Adoption of Comprehensive Plan CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING SEPTEMBER 25, 2001 A. Community Development Department Requests That The City Commission And Local Planning Agency (LP A) Conduct A Workshop To Review The Recommendations Of Land Design Innovations (LDI) For The Evaluation And Appraisal Report (EAR) Based Amendments To The Recreation And Open Space, Conservation And Solid Waste Elements Of The City Of Winter Springs Comprehensive Plan. *** A brief overview of the Conservation Element was given by Ms. Wimer who stated, "We have suggested changing the minimum - upland buffer from fifteen (15) to twenty-five feet (25) feet for wetlands and that's as defined by the St. John's Water Management District." *** Discussion ensued regarding upland buffers. Commissioner Michael S. Blake asked, "Don't we already have a provision or wouldn't the newly revised Comp Plan have provisions for mitigation that would allow if the current or existing wetlands was less than twenty-five (25) feet and they wanted to still build there that they could use some sort of mitigation to retain a twenty-five (25) foot buffer? In other words, there are other options." Attorney Buak stated, "This particular Policy that we're talking about, and it's Policy 1.4.1, I believe it is stronger than the current Policy that we had in this proposed Comp Plan." Commissioner Blake inquired, "What is the current Policy, how is it listed? - Is there a buffer required at all?" Attorney Buak responded, "Twenty-five (25) feet." Attorney Buak then explained, "Vegetative wetland buffer of twenty-five (25) depending upon site conditions, shall be maintained between all structures in a wetland jurisdiction..." Commissioner Blake stated, "So the words 'Depending upon site conditions.'" "That's true, It's in the current one," stated Attorney Buak. Commissioner Blake stated, "Okay, and the elimination of that individual phrase makes the new Policy more stringent." "Yes," stated Attorney Buak. Commissioner Blake said, "Because the new Policy states, or would state the City shall require within its Code of Ordinances, minimum upland buffers for wetlands as defined by St. John's Water February 10, 2003 Regular Item I Page 7 of 17 ATTACHMENT A Minutes from Adoption of Comprehensive Plan Management District. Which may also be more prescriptive because now we're creating a definition of what an upland buffer is by reference to St. John's rules to be at least twenty-five (25) feet from the edge ofthe wetland. I would agree that this new language does sound more restrictive - this still does not take away the opportunity for a landowner to provide some sort of mitigation to allow development closer to where an existing wetland is than twenty-five (25) feet. And through mitigation, still preparing a buffer of twenty- five (25) feet while providing mitigation elsewhere, may be on-site or off-site. That opportunity would exist under this." Attorney Buak stated, "I believe it does, but this particular Policy will provide for a potentially stronger challenge for consistency. And - it was our recommendation that perhaps we could loosen up the language just a little bit to provide that the LDR's would provide specific characteristics. And there were three (3) characteristics that the City Attorney had provided previously. They would be 'The buffer should be reduced or eliminated as part of a mitigation plan that is approved by the St. John's Water Management District;' 'The City must determine that the site conditions reasonably support the reduction or elimination;' and the third would be, 'That any determination by the City to reduce or eliminate the wetland buffer must be consistent with the overall 'Goals, Objectives and Policies of the Comp Plan. '" Commissioner Blake said, "Commission, I do not like that language. I am in favor of keeping Policy 1.4.1 exactly as it's stated here. I think there are other provisions in the plan that would provide for a developer or a landowner to alter their plans somewhat. To still provide for the buffer and provide them use of the property, and still protect the wetlands and other areas through mitigation if that' s what's required. But I would not be in favor of that language that was just read." *** February 10, 2003 Regular Item I Page 8 of 17 ATTACHMENT A Minutes from Adoption of Comprehensive Plan CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 13, 2002 *** PUBLIC HEARINGS E. Community Development Department Requests The City Commission Consider The Objections, Recommendations And Comments (ORC) Report Received From The Department Of Community Affairs (DCA), Along With The Recommendations Of Land Design Innovations (LDI) And Adopt The Evaluation And Appraisal Report (EAR) Based Amendments To The Comprehensive Plan. Mr. McDonald introduced this Agenda Item. Discussion followed on twenty-five foot (25') buffers. "I AM ONLY TALKING IN REGARD TO THE SPECIFIC QUESTION OF A TWENTY- FIVE FOOT (25') BUFFER ON WETLANDS - I WOULD MAKE A MOTION THAT WE RETAIN THE LANGUAGE AS IT ALREADY WAS AND WE DIRECT STAFF TO DO SOME WORK AND BRING US BACK A PROPOSED TEXT AMENDMENT FOR - SECOND ROUND OF 2002 FOR SOME ALTERNATIVE SOLUTIONS THAT WOULD GRANT US FLEXABILITY IN AREAS THAT WOULD - PROTECT WETLANDS THAT OTHERWISE MIGHT BE DESTROYED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. February 10, 2003 Regular Item I Page 9 of 17 ATTACHMENT B St. John's River Water Management District Applicant's Handbook: Management and Storage of Surface Waters Secondary impacts to the habitat functions of wetlands associated with adjacent upland activities will not be considered adverse if buffers with a minimum width of 15' and an average width of 25' are provided abutting those wetland that will remain under the permitted design, unless additional measures are needed for protection of wetlands used by listed species for nesting, denning, or critically important feeding habitat. The mere fact that a species is listed does not imply that all of its feeding habitat is critically important. Buffers shall remain in a undisturbed condition, except for drainage features such as spreader swales and discharge structures, provided that construction or use of these features does not adversely impact wetlands, Where an applicant elects not to utilize buffers of the above described dimensions, buffers of different dimensions, measure other than buffers, or information may be proposed to provide the required reasonable assurance. February 10, 2003 Regular Item I Page 10 of 17 ATTACHMENT C Unapproved Minutes from P&Z/LPA Meeting of April 5, 2005 CITY OF WINTER SPRINGS, FLORIDA DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING APRIL 5, 2005 (RESCHEDULED FROM APRIL 7, 2005) PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2005-11, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CPA-05-06) Which Amends The Transportation Element And The Future Land Use Element. Ms. Sahlstrom presented this Agenda Item. Discussion ensued on the Transportation Element. Ms. Sahlstrom said, "Our Code of Ordinances actually allows us to put updates in the Comp Plan without sending it to the State." Ms. Sahlstrom added, "However, it does allow us to take both of them forward and then to help tweak the other policies and language to support the City's position and to support what the Comp Plan is already addressing in other elements." Discussion ensued on public transportation. Board Member Tom Brown said, "What I'd like for you to tell the people who are putting this together for us - I'd like to have Roman Numeral II-15 put at the bottom of the page so it will be consistent throughout the whole Comp Plan." Board Member Brown added, "This is the first issue, I'd like to see on every page a little block somewhere with the 'Sub' and 'Revision Number' ." Discussion. Ms. Sahlstrom said, "I'll look at that and see how it might be accomplished." Board Member Brown said, "I'll be glad to help you with that in can." Chairman Poe stated, "Page II-18, 'E-D-G-E-M-O-N' as opposed to 'A-N'. Belle Avenue 'B-E- L-L-E' as opposed to 'B-E-L-L' [AVENUE]." Ms. Sahlstrom distributed to the Board Members some changes to the "Text". February 10, 2003 Regular Item I Page 11 of 17 Chairman Poe opened the "Public Input" portion of this Agenda Item. ATTACHMENT C Unapproved Minutes from P&Z/LPA Meeting of April 5, 2005 None. Chairman Poe closed the "Public Input" portion of this Agenda Item, Discussion. Mr. Kip Lockcuff, P.E., Public Works/Utility Director answered various questions from the Board Members. Board Member Linda Tillis said, "On Table II-4 starting on Page Roman Numeral II-21 - there- any 'Headings' on the secondary pages of that Table." Ms. Sahlstrom said, "When this was provided from the Consultant, when he printed it, it automatically put the header on there. When I inserted it from the PDF, it did not. Just so you know, I am reviewing this Table to verify its accuracy which I have not been able to do prior to this. It will be updated and as I am updating it, it will be updated before it goes to the State and I am happy to provide you - a copy of the update. It actually has taken a lot more time than I anticipated and - I will make sure the header is correct. " Regarding the Resolutions of the maps, Ms. Sahlstrom stated, "We wanted to get the Data out there and send it to State. But, as we are able to update the quality of the graphics in here, we will be able to do that without taking it as an Amendment. Board Member Tillis said, "The other 'Item' I had was on Page II-40 for 'Map II-6', I believe the title should read 'Year 2004 Deficiencies [and LOS]'." Ms. Sahlstrom said, "Yes, I believe you are correct." Board Member Brown asked, "If we recommend this to the City Commission, is that the final recommendation for the Comp Plan for this?" Ms. Sahlstrom said, "It will go to the City Commission for a transmittal Public Hearing and then if they move it forward it will be transmitted to the State, the DCA [Department of Community Affairs] will have a period of time to review it, they will send back their ORC [Objections, Response and Comments] Report, their objections, response and comments. And then, if they have objections, then we would bring our response back to you to also respond to. If they don't have objections, then we'll just move to the final adoption hearing and that's what we did with the last cycle." Discussion. Vice Chairperson Karr said, "I just had a problem with Page II-13 under the first Paragraph under 'b', 'Allow the option of exempting certain developments from the transportation concurrency requirements' ." Vice Chairperson Karr added, "That is the highest - accident area the intersection of Tuskawilla [Road] and [State Road] 434, that exempting them from concurrency requirements would cause a higher incident of accidents along that area." Ms, Sahlstrom said, February 10, 2003 Regular Item I Page 12 of 17 "Currently, we don't have an area that's an exemption area." Ms. Sahlstrom ATTACHMENT C Unapproved Minutes from P&Z/LPA Meeting of April 5, 2005 added, "But the State would allow us to create that at some point in time if we wanted to. I understand it's a little bit of a process to go through to do so." "I'D LIKE TO MAKE A MOTION FOR THE PLANNING AND ZONING [BOARD]/LOCAL PLANNING AGENCY THAT WE RECOMMEND ADOPTION TO THE CITY COMMISSION RELATIVE TO ORDINANCE 2005-11 IT'S THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERRED AS LS-CP A-05-06 BASED ON THE FINDINGS ENUMERATED ABOVE AND ANY INPUT FROM THE BOARD THIS EVENING AS YOU HAD PROBABLY MARKED UP ANY CORRECTIONS OR ADDITIONS." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: CHAIRMAN POE: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN : AYE BOARD MEMBER TILLIS: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. Board Member Brown said, "I would recommend very highly to the Board that you hold on to your old page and the new page as we proceed with this." Board Member Brown stated, "I would also recommend Mr. Chairman [Poe] that you think about a possible Workshop after they [City Commission] go through it or maybe when they do review it - when are they going to review this, do you have a date?" Ms. Sahlstrom said, "It will go to the Commission on April 25th [2005] I believe." February 10, 2003 Regular Item I Page 13 of 17 ATTACHMENTD Ordinance 2005-12 ORDINANCE NO. 2005-12 AN ORDINANCE OF Tim CITY OF WINTER SPRINGS, SEMINOLE COONTY, FLORIDA, RELAI'ING 'TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COIVIPREHENSIVE PL,:\N TEXT AMENDMENT, REFERENCED AS LG-CPA-05-07, \VfIlCH SHALL AMEND I'HE COMPREIIENSIVE I)LAN RELEVANI' TOIIIE CONSERVATION ELEIVlENI' AND TIlE FUTURE LAND OSE ELE\iIENT; CLARIFYING TIlE PLAN'S I.NTEN'r WITH REGARD TO WETLAND OPLAND BtlFFERS; PROVIDING FOR TRANSMITTAL OF THE PLAl'l TO THE DEPARTMENT OF COJ\lIVILJNIT'i AI"FAIRS; PROVfDlNGFOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLLJTIONS; SEVERABILlI'Y: AND AN EFFECTIVE DATE. \VHEREAS, section 163.3161 et. seq., Florida Statutes, established the Local Government Comprehensive Planning and Land Development Regulation Act; and WII EREAS,. 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 S1. Johns River \Vater Management District ("SJRWMD") docs not allow wetlands to be reduced for the purpose of providing for uplands; and \\HEREAS, the City of \Vinter Springs' Comprehensive Plan Future Land Use and Conservation Elements require clarification regarding upland wetland buffers in order to reflect SJRWMD's policy; 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, Florida Statutcs, on the proposed Comprehensive Plan amendments tUld considered findings and advice of staff> citizens, and all interested palilcs submitting written and amI comments ,md has recommended adoption to the City Commission; and WII EREAS,. the adoption of this Comprehensive Plan Text Amendment, is consistent with the Goals, Objectives and Policies of the City's adopted Comprehensive Plan; and \'VH EREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with City of Winter Springs Ordinance No. 2005.12 Page 1 of 4 February 10,2003 Regular Item I Page 14 of 17 ATTACHMENT D Ordinance 2005-12 the requirements of the Local Government Comprchensive Phmning and Land Development Regulation Act and the amendments are in the best interests of the public health, safcty,and welfare of the citizens of Winter SpIings, Florida. NOW, THEREFORE, TIfE CITY COl\lNIISSION OF TIlE CITY OF WIN'TER SPRINGS. HEREBY ORDAINS AS FOLLOWS: Section I. 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 Loc~lI Go,,'ernmcnt Comprehensive Pltulllingand umd Development Regulations Act, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. It is hereby declared to be the purpose tuld intent of this Ordinance to clarify,. exptuld, correct, update, modify l:U1d otherwise fUl1herthe provisions of the City of\\' inter Springs' Comprehensive Pltul. Section 4. Adoption of Amendments to Comprehensive Plan. The City 0 f Winter Springs Comprehensive Plan, Future Land Use Element Policy 1.2.13, and Conscrvation Element Policies 1.4.2 tuld 1.4.3 are amended as follows: (underlined type indicates additions and ~tl ikeul,t type indicates deletions). FUTURE LAND USE ELEMENT Future Laue UseJ::Jement Poli(1' 1.2.13: 'feHaml BI~{fers._The minimum vegetative cover buffer required upland from a non-mitigated wetland is twenty-five (25) feet. CONSERVATION ELEJVIENT COllserl'iUiollEiemf!11t Policy 1.4.2: By Jallu.ll} 2003, tThe city shall require within its Code of Ordinances minil1llUll upland buffers for non-mitigated wetlands, .'(5 d,,;{';lIcJ Ly thc St. Johns R;"" \\.'<11<';1 1v1.:l1l<l.~"H1<.;nt Dishict, to be a minimum of twenty-five fect (25') from the edge of tile wetland (as defined by the Sf. Johns River Water Management District). COllsen'atlml E1emf!11t Polic(J'I.4.3: Additional upland buffers may be required to ensure the preservation of natural systems, and their City of \\linter Springs Ordinance No. 2005.12 Page 2 of 4 February 10, 2003 Regular Item I Page 15 of 17 ATTACHMENTD Ordinance 2005-12 February 10, 2003 Regular Item I Page 16 of 17 possible use fortreatedeft1uentdisposal and stormwater management systems. Such standards shall be included within Code of Ordinances by JaUULUY 2003. Section 5. Repeal of Priorlm'onsistcnt Ordinanccs mId 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 6. Sev('nbUity. 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 aftcct the validity of the remaining pOltions of this ordinance. Section 7. Incorporation into Comprchensive Pbm. Upon the effective date of the Comprehensive Plan Amendments adopted by this ordinance, said Amendments shall be incorporated into the City of \Vinter Springs Comprehensive Plan and any section or paragraph number or letter llUd any hcading may be changed or modified as necessary to effectuate the foregoing. Section 8. Effective Datt' and Legal Status of the PL'ln 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 Amendmcnts in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use depcndent on these Amendments may be issued or commenced before the amendments become eftcctivc. If.l fimu order ofnoneompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. At1er and from thc effective date of these Amendments, the Comprehcnsive Plan Amendments set forth herein shall amcnd the City of Winter Springs Comprehensive Plan and becomc a patt of that plan and the Amendments shall have the legal status of the City ofWintcr Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on thc _ day of , 2005 ,John F, Bush, Mayor ATTEST: Andrea Lorenzo-Lullces, City Clerk City of Winter Springs Ordinanee No. 2005.12 Page 3 of 4 February 10, 2003 Regular Item I Page 17 of 17 APPROVEO AS TO LEGAL FOR!':} AND SUFFICIENCY FOR THE (TTY OF WINTER SPRINGS ONL Y: Anthony A. Gargllnese, Cit). Attorney First Reading: Second Effective Date: City of Winter Springs Ordinance No.200$.12 Page 4 of 4 ATTACHMENT D Ordinance 2005-12