HomeMy WebLinkAbout2012 11 19 Public Hearing 500 Ordinance 2012-16, Chapter 15 UpdateCOMMISSION AGENDA
ITEM 500
November 19, 2012
Special Meeting
Informational
Consent
Public Hearings
X
Regular
KS
RS
City Manager Department
REQUEST:
The City Attorney and the Community Development Department — Planning Division
requests that City Commission hold a Public Hearing for Third Reading and adoption of
Ordinance 2012 -16, amending the City's Code of Ordinances, Chapter 15 to update
planning regulations in light of House Bill 7207.
SYNOPSIS:
City Commission held a Public Hearing for Second Reading and adoption of Ordinance
2012 -16 during the October 8, 2012 Regular City Commission meeting. Following
discussion with the City Attorney, it was noted that said item required legal
advertisement prior to adoption. There was some concern over the timing of the advertising
and staff felt it prudent to bring this item back to the Commission for a third reading to
insure the item was properly advertised. Ordinance 2012 -16 was legally advertised in the
Orlando Sentinel on October 25, 2012. The document has not changed since the October 8,
2012 City Commission meeting and is hereby presented for Third Reading and adoption.
CONSIDERATIONS:
The "Community Planning Act/HB 7207" was signed into law by Governor Scott on June
2, 2012, and is now in effect. This landmark legislation significantly limits the role of state
agencies and shortens the time needed to process plan amendments. Rule 9J -5, Florida
Administrative Code, was repealed, but limited portions were incorporated into the new
statute. The twice - per -year limitation on large -scale plan amendments was repealed,
providing local governments flexibility in the processing of amendments and thereby
reducing the time needed to obtain approvals. Local governments must now adopt plan
Public Hearings 500 PAGE 1 OF 2 - November 19, 2012
amendments (except those related to DRIs) within 180 days of receiving agency comments
or the amendment is deemed withdrawn.
APPLICABLE LAW AND PUBLIC POLICY
Section 2 (b), Article VIII, of the State Constitution.
Florida Statute 163.3194 Legal Status of Comprehensive Plan
Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land
Development Regulatory Authority
Florida Statute 163.3184 (3) & (5) Expedited State Review Amendment Process.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 15, Planning.
Winter Springs Comprehensive Plan
FISCAL IMPACT:
Ordinance 2012 -16 amends the City's Code of Ordinances, Chapter 15 to update planning
regulations in light of House Bill 7207. There is no immediate fiscal impact directly
associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The City Attorney and the Community Development Department — Planning Division
recommend that the City Commission adopt Ordinance 2012 -16 on Third Reading.
ATTACHMENTS:
A - Ordinance 2012 -16
B - Copy of Legal Ad
Public Hearings 500 PAGE 2 OF 2 - November 19, 2012
ORDINANCE NO. 2012-16
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 15 PLANNING;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in Martin County v. Yusem, 690 So. 2d 1288 (Fla. 1997) and Coastal
Development of North Florida, Inc. v. City of Jacksonville Beach, 788 So. 2d 204 (Fla. 2001), the
Florida Supreme Court held that comprehensive plan decisions made by local governing bodies
are legislative acts; and
WHEREAS, during the last two years, the Florida Legislature has made significant and
numerous changes to the Florida's comprehensive planning laws, which are now known as the
Community Planning Act ( "Act "); and
WHEREAS, because of these changes to the Act, the City staff and Land Planning
Agency have recommended that the City Commission update and revise Chapter 15 of the City
Code consistent with the provisions of the Act; 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 foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 15, is hereby amended as follows (underlined type indicates additions and strikeout type
indicates deletions):
Chapter 15
City of Winter Springs
Ordinance No. 2012 -16
Page 1 of 8
PLANNING
Sec. 15 -1 - 15 -25. Reserved.
Sec. 15 -26. - Adopted.
The Winter Springs Comprehensive Plan,. which is officially on file in the city clerk's office and
incorporated herein and made a part hereof by reference,. is hereby adopted as the minimum
requirements for land use in the city. Duplicate copies of the official copy maintained in the city
clerk's office shall be maintained on the city's website and within appropriate city departments.
Sec. 15 -27. - Compliance.
All development applications filed with the city shall be subject to the city's comprehensive plan
and other applicable comprehensive planning laws. No public or private development shall be
permitted except in conformity with the comprehensive plan or elements or portions thereof.
Sec. 15 -28. — Reserved. Adherence to ' aws.
The city, in adopting the comprehensive plan, has complied with all the requirements of the county
comprehensive planning act and the local government comprehensive planning act including, but
not being limited to, public participation in the development of the plan and dissemination of the
plan to other units of local government and the local planning agency of the county.
Sec. 15 -29. - Distribution of copies.
To the extent required by law, the city manager or designee thereof shall be responsible for
transmitting the city's comprehensive plan and amendments thereof The city clerk is hereby
directed to transmit a copy of the comprehensive plan or element or portion thereof to the state
land planning agency and other appropriate reviewing agencies., appropriate regional agency,
county land planning agency and to any other unit of local government which has filed with the
city a request for copies of the adopted comprehensive plan or elements or portions thereof.
Sec. 15 -30. - Authority, purpose and intent.
The city commission of Winter Springs shall have the sole authority to amend or supplement the
comprehensive plan in accordance with the planning laws of the state of Florida. mandatory
requirements of Sections 163.3184, 163.3187 and 163.3189 Florida Statutes and this article. This
article is enacted to establish the procedures for processing amendments to the city's
comprehensive plan and to establish a schedule whereby applications for amendments to the plan
will be accepted. This article is also intended to implement the relevant requirements of planning
laws of the state of Florida Chapter 163, Part II, Florida Statutes and Chapter 9J 11, Florida
Administrative Code. Said requirements shall govern in the case of any conflict between the
City of Winter Springs
Ordinance No. 2012 -16
Page 2 of 8
provisions of this article and these chapters cited.
Sec. 15 -31. - Initiation of amendments.
Any ppy • erson or dul authorized a ent thereo affected b the cit 's com • rehensive • lan may
request consideration of an amendment to the comprehensive plan and shall submit the appropriate
information and supporting data and analysis, to the city manager (or his designee thereof), on an
application provided by the city, and pay a fee established by resolution or ordinance by the city
commission from time to time.
Sec. 15 -32. - Application deadline.
Unless otherwise provided by law, there is not set schedule for submitting comprehensive plan
applications. However, to the extent deemed appropriate by the city manager to facilitate an
orderly and thorough review of comprehensive plan applications, the city manager is hereby
authorized to establish an administrative schedule for the city to receive and process
comprehensive plan applications. If a schedule is established, comprehensive plan applications
shall be required to meet the scheduling deadlines established by the city manager as if said
schedules are set forth in this article. No provision of this article shall be construed in any manner
to limit or prohibit the city commission from initiating a comprehensive plan amendment at any
time in accordance with law. the Comprehensive Plan of the City of Winter 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. — Reserved..
(a) Emergency. In the case of an emergency, comprehensive plan amendments may be made
more often than twice during the calendar year if the additional plan amendment receives the
approval of all of the members of the city commission. "Emergency" means any occurrence or
threat thereof whether accidental or natural, caused by man, in war or peace, which results or may
result in substantial injury or harm to the population or substantial damage to or loss of property or
public funds.
(b) Non amendments. The following shall not be considered comprehensive plan amendments:
City of Winter Springs
Ordinance No. 2012 -16
Page 3 of 8
Corrections, updates and modification of current costs; revenue sources; acceptance of facilities
pursuant to dedications which are consistent with the plan; or the date of construction of any
facility enumerated in the capital improvements element.
(c) DRIB /FQDs. Any local government comprehensive plan amendments directly related to a
proposed development of regional impact (DRI), including changes which have been determined
to be substantial deviations and including Florida Quality Developments (FQD) pursuant to
380.061, F.S. may be made without regard to statutory or local ordinance limits on the frequency
of consideration of amendments to the comprehensive plan.
(d) Small scale amendments. Any local comprehensive plan amendments directly 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 provided by law.
Sec. 15 -34. - Reserved.
Sec. 15 -35. - Review procedure.
(a) Sufficiency. After receipt of the application to amend the comprehensive plan, the city
manager (or his designee) will examine the application for sufficiency, and if necessary, request
that the applicant supply additional information which is deemed required by the city manager (or
his designee). Each applicant shall be required to provide the necessary data and analysis, as
required by 9J 11.007, F.A.C., in support of the proposed amendment.
(b) As soon as practical after the application is determined sufficient, the community development
coordinator director shall schedule an application conference to discuss the proposed amendment
with the applicant and the appropriate city staff.
(c) Staff review beafd. Once the application is deemed sufficient, and an application conference
has been held, the staff review board shall conduct a more formal review of such application and
shall prepare and send a written staff report with a recommendation to the city's local planning
agency (LPA) to deny, approve, or approve with modification (text only) the application. Said staff
report shall be submitted to the LPA and each applicant no later than ten (10) business days prior to
the LPA public hearing at which the proposed amendment(s) will be considered.
(d) Each amendment application shall be considered separately, but will be analyzed with all
other applications submitted in the scheduled time period for their cumulative effects.
(e) This section shall not apply to administrative amendments initiated by the city.
Administrative amendments shall processed in a manner deemed in the city's best interests and in
accordance with the requirements of law.
City of Winter Springs
Ordinance No. 2012 -16
Page 4 of 8
Sec. 15 -36. - Review criteria.
The recommendation of the staff review board shall be based on the following minimum factors, if
applicable:
(1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's
budget, or the economy of the city or the region;
(2) Whether the proposed amendment will diminish or negatively impact the level of service
(LOS) of public facilities;
(3) Whether there will be a favorable or unfavorable impact on the environment or the natural or
historical resources of the city or the region as a result of the proposed amendment;
(4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the
state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida
Strategic Regional Policy Plan, as amended from time to time adopted by Rule 29F 19.001,
Florida Administrative Code;
(5) Whether the city is able to provide adequate service from public facilities to the affected
property, if the proposed amendment is granted, and whether the proposed amendment will
promote the cost /effective use of or unduly burden public facilities;
(6) Whether the proposed amendment is compatible with surrounding neighborhoods and land
use;
(7) Whether approval of the proposed amendment will cause the comprehensive plan to be
internally inconsistent;
(8) Whether the proposed amendment will promote or adversely affect the public health, safety,
welfare, economic order, or aesthetics of the city or region; and
(9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191,
Florida Statutes;_-
(10) Whether the proposed amendment is consistent and in compliance with law; and
(11) Whether the proposed amendment is consistent, and not in conflict, with the legislative
policy directives established by the city commission including, but not limited to, those set forth in
the city's comprehensive plan and city code, adopted master plans, economic development goals
and objectives, community redevelopment plans, and brownfield areas.
Sec. 15 -37. - Local planning agency review and recommendation.
City of Winter Springs
Ordinance No. 2012 -16
Page 5 of 8
Prior to the city commission's consideration of the application, the LPA local planning agency
shall consider the application(s) at a public hearing, along with the staff's written report and
review board's recommendation, and recommend that the city commission approve, approve with
modifications (text only), or deny the application for transmittal to the state land planning agency
and other reviewing agencies required by law Department of Community Affairs. At a minimum,
the LPA local planning agency shall consider the same factors considered by the city staff under
section 15-36 review board. The LPA shall hold at least one (1) public hearing prior to making its
recommendation to the city commission.
Sec. 15 -38. - City commission transmittal public hearing process.
The city commission shall consider all proposed amendments in accordance with the public
hearing procedures established by law and the city commission's rules and procedures. Upon
consideration of an application and the related staff and LPA recommendations, Tthe city
commission shall held a (first) conduct a public hearing(s) on the proposed amendment for the
purpose of transmitting the proposed comprehensive plan amendment(s) to the Department of
Community Affairs state land planning agency and other reviewing agencies as required by law.
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 fall transmittal. The first public hearing shall be held
on a weekday approximately seven (7) days after the day that the first advertisement is published.
The city commission may accept, reject, or accept with modifications, the city staff and LPA
recommendations. 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.
Sec. 15 -40. — Reserved.
The city commission shall hold a (second) public hearing for the purpose of taking action on the
proposed comprehensive plan amendment. The second public hearing shall be held on a weekday
approximately five (5) days after the day that the second advertisement is published.
(1) In the case of comprehensive plan amendments, other than those proposed pursuant to an
EAR per 163.3191 F.S., the city shall, upon receipt of written comments from the Department of
Community Affairs, have sixty (60) days to adopt, adopt with changes, or determine that it will not
adopt the amendment(s).
(2) In the case of comprehensive plan amendments proposed pursuant to an EAR per 163.3191
City of Winter Springs
Ordinance No. 2012 -16
Page 6 of 8
F.S., the city shall, upon receipt of written comments from the Department of Community Affairs,
have one hundred and twenty (120) days to adopt, or adopt with changes the proposed
amendments.
Sec. 15 -41. - Reserved.
Sec. 15 -42. - Transmittal of adopted amendment to the state land planning agency
The city shall transmit the adopted comprehensive plan amendment to the state land planning
agency and other reviewing agencies in accordance with the requirements of law. Department of
Community Affairs within ten (10) working days after adoption. The city shall also transmit a
copy of the adopted comprehensive plan amendment to the East Central Florida Regional Planning
Council, and to any other unit of local government or government agency in the state that has filed
a written request with the governing body for a copy of the amendment.
Sec. 15 -43. - Effectiveness of the adopted amendment.
The ordinance adopting the amendment to the Comprehensive Plan shall become effective 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 prior
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. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
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. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
City of Winter Springs
Ordinance No. 2012 -16
Page 7 of 8
CHARLES LACEY, 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 Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2012 -16
Page 8 of 8
sE Thursday, ct° er
NSTICE OF PUBLIC
HaAR1,N(9
CITY OF WINTER
SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMI$SION
PROPOSES To CONSIDER:
ORDINANCE 0.2012 -1
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER
SPRINGS, SEMINOLE COUNTY,
. A
FLORIDA; AMENDING CHAPTER 15,
PLANNING; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE
DATE.
PUBLICHEARING
FAR THIRD AND FINAL READING
WILL BE HEi..D ON
MONDAY, NOVEMBER 19, 2012
AT 5:15 P.M.
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL - .
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be olotained by
interested parties between 8 a.m. and 5 p.m.,
Monday through Friday, at the city's Clerk's Office,
located at 1126 E. SR 434, Winter ter Spri s, Fiorida.
For more information, call (407) 327-1800 #227.
Persons with disabilities reeding assistance to
participate in any of these proceedings .should
contact the. Employee Relations Department
Coordinator, 48 hours in advance of the meeting
at (407) 327 -1 800, #236. This, is a public hearing.
Interested parties are advised that .they . may
appear at the meeting and be heard with respect
to tide proposed ordinance. if you decide to appeal
any recomriedatien dr decision made by t, City
Commission with respect to any_ mattel. considered
\t this ;Meting, .you will - need a record of the
proceedings #.and for such purposes, you -may need
to en re that a verbatim record of the proceedings{
is made L pon .which the appeal is based.
Hao en mei
min
NICE OF COMPREIIINS
:PLAIN AMENDME
• aTy AF WINTER SPRINGS
bk-
•
- NOTICE IS HEREBY I THAT' - •
THE LO -CAI. PLANNING;AGENCY AND CITY cOMM15510N WILL CONSIDER:
ORDINAL C #4Or 2Q12 -13
AN ORDINANCE OF THE CITY commis5.1pN GE. TO. r . ,WINTER- SPRINGS,
SEMINOI,E O N, FLO.RIDA,-RELATING TO CO I REH NSIVE PLANNING; SETTING
FORTH AND ADOPTING A COMPRE ENSIVE. PLAN -.A EN E 1T, -REE RENLED AS
CPA -2012 -ESR, PROVIDINGIOR ADOPTION F A :AMENDMENT THE ARE
LAND USE [AP BY DESIGNATING CERTAIN REAL PROPERTY -WITHIN THE CITY ,,OF •
'WINTER St p15$ GENERALLY DESCRIBED AS { N :_(1 }'PARCEL OF••LAD, CONTAINING
44:.PROSS'.AckFs MORE OR LESS, AND LOCATED. :GENERA ,.Y -AL NG EAST . STYE
ROAD 434, MORE PARTICULARLY AND LEGALLY DESCRIBED' 'HEREIN IN EXHIBIT A,-
.ATT4CHED HERETO AND FULLY 1NCOOORATEG HEREIN BY THIS REERENCE,'F.ROM
MIXED USE TO GREENEWAY INTERCHA GE,.DISTRICT A D CONSERVATION OVERLAY
j'(ON THOSE AFF EG AREAS) PROVIDING-AN EFFE 'W DATEAID. LE AI T S.GF
i H
PLAN AMENDMENT # PROVIDING FOR TRANSMITTAL OF THE PLAN TG THE STATE , {
LAND PANNING AGENCY, PROVIDING - FOR THE. REPEAL OF PRIOR .INCONSISTENT
ORDINANCES AND RESOLUTIONS, S F RABIL f AND AN FFE `IVE DATE.
LO AL FLANKING AGENCY PUB. LIC HEARING
• LL E HELD ON•
- WEDNESDAY, NOVEMBER 7;2012
. AT S:JD PM.
GR SOON TH R FI1RINTH
COMMISSION CHAMBERS LOCATED AT
• MIER SPRINGS CR HALL
1126 EAST STATE ROAD 434
• TINTER SPRINGS, FLORIDA
CITY COMMISSION TRANSMITTAL PUBLIC HEARING, {
WILL DE HELD N
MONDAY NOVEMBER 19, 201
T5 :15 PM.
OR $30N TEREAF1iR IN THE
COMMISSION CHAMBERS LOWED AT
WINTER SPRINGS IIY HALL
1126 EASESTATE ROAD 434
'WINTER SPR!N S;'FLORIDA
The proposed ordinance may be ahtain by interested parties between
8 a.m. and 5 p.m., Monday through Friday, at the iy's erlc's Office, Iocated. at
1126 E. SR 434, winter Springs, Florida. For more information, 'call
(407) 327-100 #227. Persons with disabilities needing assistance to pn idpate.
in any of these proceedings should contact the Employee Relations Department
Coordinator, 48, knits hour in advance of the meetin nt (40) 71800,'.*236.
This is a public hearing. Interested partie are advised that.ihey may appear 4tihe
meeting and be heard with respect to the proliosed ordinance.. , F
ORDINANCE 2012-13
EXHIBIT A
LOCATION MAP •
•
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