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Home My WebLink About2003 05 27 Public Hearings C First Reading - Ordinance 2003-17 Repealing Winter Springs Code Section 20-59 COMMISSION AGENDA ITEM C Consent Information Public Hearine X Reeular May 27.2003 Meeting MGR. J1,--- /Dept. ;#' REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading of Ordinance 2003- 17, repealing Winter Springs Code Section 20-59. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for 1 st reading of Ordinance 2003-17, repealing Winter Springs Code Section 20-59. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041: (Procedures for adoption of ordinances and resolutions.) Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances) Winter Springs Division 2. Planning and Zoning Board. Section 20-59. Recommendations (Includes subsequent actions of the City Commission relating to the recommendations of the Planning and Zoning Board) CHRONOLOGY: May 7, 2003- At the regular meeting of the Planning & Zoning Board, the Board unanimously recommended Approval of Ordinance 2003-17. FINDINGS: Article II Administration, Division 2 of Chapter 20, Zoning, specifically addresses the creation of the Planning and Zoning Board and the Board's duties. Section 20-59 of the Code defines recommendations required of the Planning and Zoning Board which are inconsistent with current State law. May 27, 2003 Public Hearing Item C Page 2 Section 20-59 of the Code conflicts with other sections of the Code related to noticing of City Commission Public Hearings. This section of the Code should be repealed. IMPLEMENTATION SCHEDULE: May 7, 2003- Planning & Zoning Board recommended Approval May 27,2003- 1 sl Reading of Ordinance 2003-17 . May 29,2003- Public Noticing in Orlando Sentinel for 2nd Reading and Adoption June 9, 2003- 2nd Reading and Adoption of Ordinance 2003-17 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for first reading of Ordinance 2003-17, repealing Section 20-59 ofthe Winter Springs' Code. ATTACHMENT: A- Excerpts from Minutes of Planning & Zoning Board Meeting, May 7,2003 B- Ordinance 2003-17 COMMISSION ACTION: May 27, 2003 Public Hearing Item C Page 3 ATTACHMENT A- Excerpts from the Minutes of Planning & Zoning Board May 7, 2003 CITY OF WINTER SPRINGS MINlJTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 7.2003 PAOE10F9 ~ ~ ~ a AND THAT THE NEW PURCHASER WILL BE ALLOWED TO HAVE THE SAME USES OF TIlE PROPERTY UNLESS IT IS AGAIN ABANDONED FOR A TWELVE (12) MONm PERIOD." SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION. VOTE: BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN BROWN: AYE MOTION CARRIED. "I'LL MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT ON TIDS SITE NUMBER 4t THE VOSKA PROPERTIES, LOTS 1-6, BLOCK B, JOHNSON POULTRY FARMS, PLAT B~OK 6, PAGE 8 THAT WE CHANGE THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM COUNTY 'COMMERCIAL' TO WINTER SPRINGS 'COMMERCIAL', AGAIN BASED ON THE FACT THAT IT. IS CONSISTENT WITH THE ~- - -. ._--, ..- .-- COMPREHENSIVE PLAN, THAT IT IS COMPATIBLE WITH THE SURROUNDING USES OF THE PROPERTY, AND THOSE FINDINGS AS ITERATED ON ROMAN NUMERAL III, PAGE 7 OF THE MATERIALS PROVIDED TO US AND AGAIN BASED ON THE - OPINION OF THE CITY ATTORNEY THAT THE PROPERTY IS GRANDFATHERED IN FOR ITS CURRENT USES UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE (12) MONTHS AND IT CAN IN FACT BE TRANSFERRED OR SOLD OR EXCHANGED WITH THE EXISTING USES AGAIN UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE (12) MONTHS." MOTION BY BOARD MEMBER FERNANDEZ. SECONJJED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR. AYE CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE MOTION CARRIED. REGULAR C. Recommegdadon Regarding Ordinance 2003-17 Repealing Section 20-59. Of The Winter Springs Code. Ms Sahlstrom presented this Agenda Item. j !)'b~ ~4t. Q'L CITY OF WINTER SPRINGS MINUTES . PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGUlAR MEETING - MAY 7, 2003 PAGE 8 OF 9 : ~ ~ · ..;;J ~ ~ ..... fa "I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY REPEAL THOSE PERTINENT PROVISIONS OF WINTER SPRINGS CODE SECTION 20-59." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER K.ARa PISCUSSIQN. VOTE: BOARD MEMBER KARR: AYE CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE MOTION CARRIED. Chairman Brown welcomed a Winter Springs High School student for attending the Meeting. IV. FUTURE AGENDA ITEMS Ms. Sahlstrom said that at the next Meeting, June 4, 2003, there will be a Future Land Use and Rezoning Application for the Board's consideration. Tape 2JSide B V. REPORTS Ms. Sahlstrom reiterated that she will extend an invitation to the City Attorney to attend next month's Meeting. VI. ADJOURNMENT "I MOVE THAT 'WE "7WJOURN." MOTION BY BOARD MEl\-mER KARR. SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Jlv~~ 1() " 'II May 27,2003 Public Hearing Item C . Page 4 ATTACHMENT "B" bltAFJ. 5-2-03 ORDINANCE NO. 2003-17 AN ORDINANCE OF TlJE em COMMISSION OF TIm CIT\' OF WINTER SPRINGS, FLORIDA, REPEALING WJNTER SPRINGS CODE SECfION 20.59 GENERALLY RELATING TO PLANNING AND ZONING. BOARD RECOMMENDATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING . FOR INCORPORATION INTO TIfE CODE; p~ovmlNG FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE~ WHEREAS, upon recommendation of the Planning and Zoning Board, the City Commission of the City of Winter Springs. Florida, hereby fmds that Section 20-59 of the Winter Springs Code should be repealed in its entirety because it is inconsistent with state law and unduly burdensome; and WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizen!:: of Winter Springs to repeal Section 20-59 of the City Code. NOW, THEREFORE, TIlE CITY COMMISSION OF THE CITY OF WJNTERSPRlNGS . HEREBY ORDAINS, AS FOLWWS: ~tion t. Recitals. The foregoing recitals .are hereby inrorporated herein by this reference. Section 2. Repeal of Section 20-59. The City of Winter Springs Code, Chapter 20, Article 11, Division 2, Section 20-59 is hereby repealed in its ~ety (underlined type indicates additions and 6tlik~ut type indicates deletions, while asterisks (.U) indicate a deletion from this Ordinance of tex"t existing in Chapter 20, Article ll. It is intended that the text in Chapter 20, Article n, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Otdinance): Article ll.Administration * * ... Division 2. Planning and Zoning Board ... .." See. 28-59. R~mmdld.atiolls. lhe leOOhln1ehdations of the planning and zoning botdd to the tit) GOlutnission shaH be in mitis.g and in duplicate, and shall show the ~timatcd cost and tllO;; ;)\,l~<:d n,c,thod or 1I1Cdlods ~ Chy of Winter Springs Ordinance No. 2003.17 Page 1 of 3 tient ~y: ~HOWNtWARDISALZMAN&WEISS,P.A.j 407 425 9596j May-2-03 5:43PMj Page 3/4 D.KI\n' 5-1-0:9 =: =::~ ~~';""'~~..Iati...... ,""';,..1;; d;:;=~ =: : ~::Ei:::,.~~~~.~ ~ l~."......di.'t ~ re,,~~~~, ~l~~ =~~~~V!~ICb<.;,; . :=~ ~~ ~';::"~~ ~~~~...~ ~-~.n:.;-~~ llu k"~~~~:,'~~ ~ ~~:-..:;;:.:::~~~~;::~~~ ===:'=:~'::~<::thcPI"..'~Md:'b:~ === ;:'ac:~~:::~~:~I; ~:~~~y. ~ 5~ I ~lulll to the ptaU1';: ; . : .~ ICCOftlll1eftdabO.!S wIth the eomhllSSIOtb ctet10n noted thereun. Section 3. Repeal of Prior Inconsutent Ordinances and Resolutions. AU prior inconsistent ordinances and resolutions adopted by the City Commission, or part.~ of prior ordinances and r'Csolutions in conflict herewith, are hereby repealed to the ~ent 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 Jetter and any heading may be changed or modified as necessary to effeCtuate the foregoing. Section 5. SeverabiUty. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or WlconstitutionaJ 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. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ~ day of , 2003. A nEST: CllY OF WINTER SPRINGS, FLORIDA ANDREA LORENZO~LUACES City Oerk JOHN F. BUSH Mayor City of Winter Springs Ordinance No. 2003-17 Page 2 of 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Approved as to legal Corm and sufficiency for tbe City of Winter Springs only: ANTHONY A. GARGANESE City Attorney Fint Reading Posted Setond Reading and Public Uearin2 F :1D<Ia1C111 "r Wbllcr Sprl"ll.\ordlnal1tcaIR.poat2o-S9.*J>d City of Winter Springs Ordinance No. 2003-17 Page J of 3 May-2-03 5:43PMj Page 4/4 DHAFT 5.J-03