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HomeMy WebLinkAbout2019 02 25 Public Hearings 401 Mayor's Veto MessageCOMMISSION AGENDA ITEM 401 Informational Consent Public Hearings X Regular February 25, 2019 KS Regular Meeting City Manager Department REQUEST: Pursuant to Section 4.05 of the City Charter, the Mayor presents his veto and veto message related to Ordinance No. 2019-02 for the City Commission's consideration. SYNOPSIS: On February 11, 2019 the City Commission adopted Ordinance No. 2019-02 establishing a moratorium related to special zoning permits. The Ordinance was vetoed by the Mayor in accordance with Section 4.05 of the City Charter. The Mayor's veto message is required to be presented to the City Commission at the next regular City Commission meeting for consideration. CONSIDERATIONS: 1. On February 11, 2019 the City Commission adopted Ordinance No. 2019-02 establishing a moratorium related to special zoning permits. The Ordinance was vetoed by the Mayor on February 13, 2019. See Attached Veto Message. 2. Section 4.05 of the City Charter expressly provides that "within ten (10) days after the adoption of any ordinance by the city commission, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require the affirmative vote of four (4) commission members to pass the ordinance after the mayor's veto. " 3. The City Commission, by 4/5ths vote, may override the Mayor's veto and if successfully overridden, Ordinance No. 2019-02 will become effective and the moratorium will take effect. Otherwise, Ordinance No. 2019-02 will not become effective and the Public Hearings 401 PAGE 1 OF 2 - February 25, 2019 moratorium will not go into effect. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Home Rule Powers Section 4.05 of the Winter Springs City Charter FISCAL IMPACT: There is no direct fiscal impact related to 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 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: Pursuant to Section 4.05 of the City Charter, the Mayor's veto and veto message are required to be presented to the City Commission for consideration. The City Commission may override the veto by 4/5 vote of the City Commission. ATTACHMENTS: Mayor's Veto Message, dated February 13, 2019 (1 page) Ordinance No. 2019-02 (5 pages) Public Hearings 401 PAGE 2 OF 2 - February 25, 2019 S u U) intnrporatcd 1y74 p D CHARLES LACEY OFFICE OF THE MAYOR Ms. Andrea Lorenzo-Luaces Winter Springs City Clerk CITY OF WINTER SPRINGS, FLORIDA 1126 East State Road 434 Winter Springs, Florida 32708-2799 Telephone: (407)588-7814 email: clacey@winterspringsil.org Facsimile: (407) 327-4753 City Website: www.winterspringsfl.org Ref: Winter Springs Charter, Section 4.05 "...Within ten ( 10) days after the adoption of any ordinance by the city commission, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message...." I hereby veto Ordinance 2019-02. As I have started previously, there is much that is good in this ordinance, but there are also disturbing concerns. Upon review, I have concluded that the positive elements contained in this ordinance can be accomplished without the over -reach of the entirety of Ordinance 2019-02. Chief among these is an overdue review of the Comprehensive Pian and a review of the City's growth management strategies. Under separate cover, I am calling a special meeting for February 18 to begin this process. In the time that this Commission has been seated, it has approved several residential applications. In contrast, by this ordinance, passed by a 3-2 vote, a moratorium that effectively stops commercial development would have been enacted. Having spoken to hundreds of residents, I have heard that this is the inverse of the preference of our citizens. Residential growth, in particular multifamily, stresses the infrastructure (specifically, roads and schools) in a way that reduces quality of life for us all. Contrary to recent actions by the Commission, I oppose further concessions to multifamily projects until the comprehensive plan is reviewed and supportive infrastructure plans are in place. Contrary to the effect of Ordinance 2019-02, commercial development that is consistent with the residential character of Winter Springs should be encouraged. Family -type restaurants and small-scale entertainment venues are desirable. This ordinance would have stopped any proposed community asset of this type. A tangible case -in -paint, is the newly opened Starbucks coffee shop. The proponents of Ordinance 2019-02 argue that any project that conforms to the zoning codes would not be impeded. But, the codes are so onerous that it is a practical impossibility to construct a business within their restrictions. Starbucks required four special exceptions and would not have been able to even propose the project if this ordinance were in place. Beyond the actual deleterious consequences, the perceived desirability of doing business in Winter Springs would have been harshly impacted. Long after the moratorium would expire, the fear of an arbitrary or capricious response to starting a desirable project will have deterred investors. I would sign a narrowly crafted moratorium ordinance. But I don't see a compelling need or potential benefit that justifies the negative consequences of this broad ordinance. <lr 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 ("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; 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, the City's Zoning Code (Chapter 20) allows a property owner to make 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 Commission's decision to grant or deny a permit application 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 permit applications for property located within the City's Town Center; 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 to comprehensively review, and update if necessary, the City's 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 OrdinEuice 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 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, 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 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, 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 l -]S 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