HomeMy WebLinkAbout2019 02 11 Public Hearing 400 Ordinance 2019-02, Second Reading, Temporary Moratorium for Special Exceptions
COMMISSION AGENDA
Informational
Consent
ITEM400
Public Hearings
X
Regular
February 11, 2019KSTM
Regular MeetingCity ManagerDepartment
REQUEST:
The Community Development Department requests that the City Commission conduct a
Public Hearing for the Second Reading of Ordinance No. 2019-02, which proposes a
temporary moratorium within the jurisdictional limits of the City of Winter Springs
regarding filing, processing, consideration, or decision of Conditional Uses, Special
Exceptions and Waivers (“Special Zoning Permits”) under Chapter 20 of the City’s zoning
code in the R-3 Multi-Family Dwelling, C-1 Neighborhood Commercial, C-2 General
Commercial, C-3 Highway 17-92, CC Commerce Center, I-1 Industrial, Greeneway
Interchange, and Town Center Zoning Districts.
SYNOPSIS:
During the December 10, 2018 Regular Meeting, the City Commission directed the City
Attorney to prepare an ordinance imposing a temporary moratorium related to all
Conditional Uses, Special Exceptions and Waivers (“Special Zoning Permits”) under
Chapter 20 of the City’s zoning code in the R-3 Multi-Family Dwelling, C-1 Neighborhood
Commercial, C-2 General Commercial, C-3 Highway 17-92, CC Commerce Center, I-1
Industrial, Greeneway Interchange, and Town Center Zoning Districts. Ordinance No.
2019-02 was prepared consistent with the City Commission direction and proposes several
exemptions for existing projects and applications filed as of December 10, 2018. Ordinance
No. 2019-02 was reviewed and recommended by the City’s Planning and Zoning Board on
January 15, 2019.
CONSIDERATIONS:
1. During the December 10, 2018 Regular Meeting, the City Commission directed
Public Hearings 400 PAGE 1 OF 4- February 11, 2019
the City Attorney to prepare an ordinance imposing a temporary moratorium related to
all Conditional Uses, Special Exceptions and Waivers (“Special Zoning Permits”) under
Chapter 20 of the City’s zoning code in the R-3 Multi-Family Dwelling, C-1
Neighborhood Commercial, C-2 General Commercial, C-3 Highway 17-92, CC
Commerce Center, I-1 Industrial, Greeneway Interchange, and Town Center Zoning
Districts.
2. The proposed temporary moratorium would be limited in scope only to Special
Zoning Permits, i.e., Conditional Uses, Special Exceptions, and Waivers, in the specific
zoning districts described in Paragraph 1, for the purpose of allowing the City
Commission the opportunity to review and streamline the criteria and procedures for
processing such Special Zoning Permits.
3. The temporary moratorium would become effective upon the second reading of
this Ordinance and continue until April 30, 2019, or sooner. The City Commission may
extend the temporary moratorium for up to an additional ninety (90) days by Resolution.
4. The following Special Zoning Permit applications are exempt from this
temporary moratorium:
A.Special zoning permit applications for conditional uses, special exceptions and
waivers which were formally filed with, and deemed complete by, the City on or
before December 10, 2018.
B.Special zoning permit applications for variances pursuant to Section 20-32 of the
City Code.
C.Special zoning permit applications for special exceptions and waivers related only
to the design and aesthetics of projects of which final engineering plans were
formally filed with and under review by the City on or before December 10, 2018.
This exemption is intended to allow existing applicants to complete the final
design and approval of final engineering plans and aesthetic review of their
respective projects during the temporary moratorium. This exemption is not
intended to allow existing applicants for final engineering plans to substantially
modify their pending application for purposes of obtaining a special exception or
waiver to support approval of a different kind or type of land development activity
than the activity that was originally requested when the final engineering
application was initially filed with the City. In addition, this exemption is not
intended to allow new applications for special exceptions or conditional uses in
order to seek authorization for an enumerated land use requiring a special
exception or conditional use permit.
5. The City Commission has directed the City Manager to schedule workshops for
the City Commission to comprehensively review, and update if necessary, the City’s
requirements and procedures for special zoning permit land use decisions including, but
not limited to, special exceptions, condition uses, waivers and variances. The City
Manager and Staff, in consultation with the City Attorney, will evaluate, develop and
recommend, as necessary, land development regulations consistent with the direction
provided by the City Commission during the upcoming workshops during the temporary
moratorium period. The first workshop is scheduled for Monday, February 18, 2019,
and will continue as necessary every other Monday following the first workshop.
6. Ordinance 2019-02 will only apply to variances, conditional uses and waivers
Public Hearings 400 PAGE 2 OF 4- February 11, 2019
related to the following zoning districts: R-3 Multi-Family Dwelling, C-1 Neighborhood
Commercial, C-2 General Commercial, C-3 Highway 17-92, CC Commerce Center, I-1
Industrial, Greeneway Interchange, and Town Center Zoning Districts. For
example, several of the City of Winter Springs Code of Ordinances affect by the
moratorium are as follows:
Ch 20, Sec. 20-32. Variances.
Ch 20, Sec. 20-33. Conditional Uses.
Ch 20, Sec. 20-34. Waivers
Ch 20, Sec. 20-208. Conditional Uses. (R-3 Multiple Family Dwelling District)
Ch 20, Sec. 20-234. Conditional Uses. (C-1 Neighborhood Commercial District)
Ch 20, Sec. 20-254. Conditional Uses. (C-2 General Commercial District)
Ch 20, Sec. 20-346.3. Conditional Uses. (C-3 Highway 17-92 Commercial District)
Ch 20, Sec. 20-345.3. Conditional Uses. (CC Commerce Center District)
Ch 20, Sec. 20-261. Conditional Uses. (I-1 Light Industrial District)
Ch 20, Sec 20-330. Permitted Uses, Conditional Uses, Incidental Uses Within
Buildings. (Greeneway Interchange District)
Ch 20, Sec. 20-323. Permitted Uses. (Town Center District)
Ch 20, Sec. 20-231(c). Special Exceptions. (Town Center District)
7. At the January 15, 2019 Planning & Zoning Board meeting, the Board voted 4-1
recommending the City Commission approve Ordinance 2019-02.
8. At the January 28, 2019 City Commission meeting, the Commission voted 3-2
recommending the approval of Ordinance 2019-02 on First Reading.
FISCAL IMPACT:
There is no anticipated fiscal impact with this temporary moratorium.
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 six (6) 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:
Staff recommends the City Commission conduct a Public Hearing for consideration of
passing Ordinance 2019-02 on Second Reading.
Public Hearings 400 PAGE 3 OF 4- February 11, 2019
ATTACHMENTS:
A - Ordinance 2019-02 (5 pages)
B - Copy of Legal Ad (1 page)
Public Hearings 400 PAGE 4 OF 4- February 11, 2019
ExhibitA
ORDINANCE NO. 2019-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ADOPTING A
TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL
LIMITS OF THE CITY OF WINTER SPRINGS REGARDING THE
FILING, PROCESSING, CONSIDERATION, OR DECISION OF
CONDITIONAL USES, SPECIAL EXCEPTIONS AND WAIVERS
ZONING CODE IN THE R-3 MULTI-FAMILY DWELLING, C-1
NEIGHBORHOOD COMMERCIAL, C-2 GENERAL COMMERCIAL, C-3
HIGHWAY 17-92, CC COMMERCE CENTER, I-1 INDUSTRIAL,
GREENEWAY INTERCHANGE, AND TOWN CENTER ZONING
DISTRICTS; PROVIDING THAT SAID MORATORIUM PERIOD SHALL
EXTEND NO LATER THAN APRIL 30, 2019, WITH THE OPTION FOR
THE CITY COMMISSION TO EXTEND THE MORATORIUM PERIOD
FOR AN ADDITIONAL THREE MONTHS IF NECESSARY TO ALLOW
THE CITY COMMISSION, CITY LAND PLANNING AGENCY, CITY
STAFF AND CITY ATTORNEY TO DETERMINE WHETHER CHANGES
TO CHAPTER 20 ARE NECESSARY TO IMPROVE THE SPECIAL
ZONING PERMIT REQUIREMENTS AND PROCEDURES;
DIRECTING THE CITY MANAGER TO SCHEDULE CITY
COMMISSION WORKSHOPS AS NECESSARY FOR THE CITY
COMMISSION TO TIMELY CONSIDER ADOPTING IMPROVEMENTS
TO THE SPECIAL ZONING PERMIT REQUIREMENTS AND
PROCEDURES PRIOR TO THE EXPIRATION OF THE EXTENDED
MORATORIUM PERIOD; PROVIDING FOR PENALTIES, REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
CONFLICTS WITH STATE AND FEDERAL LAW AND SEVERABILITY,
NON-CODIFICATION, 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,
application for a variety of special zoning permits including conditional use, special exception,
variance and waiver permit and, by law, these permit applications require a quasi-judicial hearing
before the City Commission; and
WHEREAS, applicable laws require an applicant in a quasi-judicial matter to demonstrate
competent substantial evidence that an application satisfies all procedures, conditions and
City of Winter Springs
Ordinance No. 2019-02
Page 1 of 5
requirements enumerated in the City Code and other applicable law, and then requires a city to
demonstrate that its decision to approve or deny the permit application is supported by substantial
evidence; and
WHEREAS, applicable law requires a public hearing be held on special zoning permit
applications and authorizes applicants and other interested parties with standing to appeal the City
to the circuit court; and
WHEREAS, applicable law also allows the City Commission to impose reasonable
conditions and safeguards upon the issuance of special zoning permits in order to ensure
compliance with applicable law, reduction or elimination of adverse impacts of land uses and
development on surrounding property and the community, acceptable levels of service related to
public facilities such as transportation, sewer, parks and recreation, solid waste, water, stormwater,
and schools, and the general protection of the public health, safety and welfare of the community;
and
WHEREAS, the Town Center Zoning District Code was adopted by the City Commission
in the year 2000 and contains separate procedures and requirements for certain special zoning
permits that are different and sometimes less complete than similar special permit requirements
that are applied in other City zoning districts; and
WHEREAS, in recent years the City has processed a significant number of development
; and
WHEREAS, the City Commission desires to streamline and improve the special permit
requirements in the Town Center for future development by consolidating such requirements with
similar provisions that are applicable for other zoning districts so the City has one, comprehensive
set of procedures and requirements for similar special permit requests; and
WHEREAS, having one set of special permit procedures and requirements will be less
confusing and more efficient for City staff and future applicants; and
WHEREAS, in conjunction with streamlining and consolidating the Town Center
requirements for obtaining special zoning permits, the City Commission hereby determines that it
will be an appropriate time other
special zoning permit requirements in the other named zoning districts; and
WHEREAS, a temporary moratorium allows such review to occur unhindered by
developments that could frustrate the objective of the review, and eliminate the race of diligence
that may occur while such reviews are underway; 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
City of Winter Springs
Ordinance No. 2019-02
Page 2 of 5
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. Adoption of Temporary Moratorium. Beginning on the effective date
of this Ordinance and continuing until April 30, 2019, or sooner if provided by an ordinance by
the Winter Springs City Commission, a temporary moratorium is hereby imposed upon filing,
processing, considering, and decision making related to special zoning permit applications for
hapter 20 of
the CZoning Code in the R-3 Multi-Family Dwelling, C-1 Neighborhood Commercial, C-2
General Commercial, C-3 Highway 17-92, CC Commerce Center, I-1 Industrial, Greeneway
Interchange, and Town Center zoning districts, except for the special permit applications exempt
from the temporary moratorium as expressly set forth in Section 3 of this Ordinance. The
temporary moratorium adopted herein may be extended by the City Commission for up to an
additional ninety (90) days by Resolution.
Section 3. Exemptions from Temporary Moratorium. The following special
zoning permit applications are exempt from the temporary moratorium:
A. Special zoning permit applications for conditional uses, special exceptions and
waivers which were formally filed with, and deemed complete by, the City on or before December
10, 2018.
B. Special zoning permit applications for variances pursuant to Section 20-32 of the
City Code.
C. Special zoning permit applications for special exceptions and waivers related only
to the design and aesthetics of projects of which final engineering plans were formally filed with
and under review by the City on or before December 10, 2018. This exemption is intended to
allow existing applicants to complete the final design and approval of final engineering plans and
aesthetic review of their respective projects during the temporary moratorium. This exemption is
not intended to allow existing applicants for final engineering plans to substantially modify their
pending application for purposes of obtaining a special exception or waiver to support approval of
a different kind or type of land development activity than the activity that was originally requested
when the final engineering application was initially filed with the City. In addition, this
exemption is not intended to allow new applications for special exceptions or conditional uses in
order to seek authorization for an enumerated land use requiring a special exception or conditional
use permit.
City of Winter Springs
Ordinance No. 2019-02
Page 3 of 5
Section 4. Workshops; Recommendations for Land Development Regulations.
The City Manager is directed to schedule workshops for the City Commission to comprehensively
land use decisions including, but not limited to, special exceptions, conditional uses, waivers and
variances. The City Manager and staff, in consultation with the City Attorney, are hereby
requested to evaluate the aforementioned requirements and procedures and develop and
recommend, as may be deemed advisable by the City Manager and City Attorney, land
development regulations consistent with the direction provided hereunder and given by the City
Commission during the upcoming workshops held during the temporary moratorium period.
Section 5. Penalties. Violations of this Ordinance are punishable as provided by
Section 1-15 of the City Code of Winter Springs, Florida or other applicable Code provisions.
Section 6. 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 7. Non-Codification. This Ordinance shall not be incorporated into the
Winter Springs City Code.
Section 8. Conflicts with State and Federal Law; Severability. No provision
herein is intended to impose a moratorium on the processing of land use applications required to
be processed within certain time frames by state or federal law. 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 9. 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.
\[Adoption Page Follows\]
City of Winter Springs
Ordinance No. 2019-02
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _____ day of _______________, 2019.
____________________________________
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 Legal Ad Published:
First Reading:
Second Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2019-02
Page 5 of 5
ExhibitB
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