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HomeMy WebLinkAboutOrdinance 2012-16 Amending Chapter 15 Planning Related to Ordinance 2012-16: 1st Reading was held at the September 24, 2012 City Commission Regular Meeting - Public Hearings "502" 2nd Reading was held at the October 8, 2012 City Commission Regular Meeting - Public Hearings "500" Afterwards, Staff felt this Ordinance needed to be advertised further and then brought Ordinance 2012- 16 for a 3rd Reading which was held at the November 19, 2012 City Commission Special Meeting - Public Hearings "500" which was its final Reading 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. Al 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 laws. -- • , - -- • -- - - - -- - • - - . -, -• plied with all the requirements of the county 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 . --• . . . -- --- - - • . - . . . - ... . . :. . -- to the state land planning agency and other appropriate reviewing agencies., appropriate regional agency, 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• . .• .. _ - - . : . . : • - . - - . This article is enacted to establish the procedures for processing amendments to the city's comprehensive 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 • : •••-• . ' a:-. 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 party person(or duly authorized agent thereof)affected by the city's comprehensive plan 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. -- -- - • . -- • - •- - _ , • , amended only twice per year in accordance with 163.3187(1) as follows: . . _ . . - . . - - - . ... .• . . . •. . . - . . . . . - -- ' - . - - . - - - ;.. . . . - -- - . - . - . ;.. . . Sec. 15-33.— Reserved.. threat thereof whether accidental or natural, caused by man, in war or peace, which results or may • • public funds. • . ' 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) DRIs/FQDs. Any local government comprehensive plan amendments directly related to a 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 board. Once the application is deemed sufficient, and an application conference has been held, the staff review bed 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 cummulative 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 .: :: ' . - • - •. (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 Statutesi- (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 Dep rtment of Community Affairs state land planning agency and other reviewing agencies as required by law. and other agencies in accordance with 163.3181(3)(a)(b), Florida Statutes. The public hearing The city commission may accept, reject, or accept with modifications, the city staff and LPA recommendations. -- • -• . . . . •• -- . . .- . . . -- - .- - . 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. ! • . •• • • . . •• . • •- • . . •• • • ,• - • ' - . • ., . , . .. - - • - - adopt the amendment(s). - -- . - - . . - - • - - . - . • . ... . a. .. . . - • . - • 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 -• - •- --• • - - - - • . . . - ent to the East Central Florida Regional Planning 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. City of Winter Springs Ordinance No. 2012-16 Page 7 of 8 ADOPTED by the City Commission of the City of Winter Springs,.Florida, in a regular meeting assembled on the 8th day of October, 2012. '�A CHA ' LAC.,, vi vor AT T: %"17A i7ENZO-LUACES City Clerk APPROVE AS TO LEGAL FORM AND SUFFICIENCY FORT C TY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: September 24, 2012 Legal Ad Published: October 25, 2012 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2012-16 Page 8 of 8