HomeMy WebLinkAbout2007 12 10 Public Hearing 501 Second Reading Ordinance 2007-29 Amends Chapter 20 Regarding PUDsCOMMISSION AGENDA
ITEM 5U 1
Consent
Informational
Public Hearing x
Regular
December 10, 2007
M tin ~~
ee g
Mgr. / Att. / Dept.
REQUEST:
The City Manager and City Attorney present Ordinance No.2007-29 for second reading and
final adoption. Said Ordinance amends Chapter 20, Article IV, Division 2, Part A Planned Unit
Development to modify the definition of Gross Residential Acre and authorize the City Commission
to approve Mixed Residential PUDs.
PURPOSE:
The purpose of this Ordinance is to modify Part A of the City's Planned Unit Development
Regulations to provide the City Comrission with additional flexibility and discretion when
considering the approval of PUD development plans.
In general, it is the intent of this Ordinance to provide the City Commission with more
flexibility to:
Provide developers with an incentive, on a case-by-case basis, to incorporate
appropriate utility and water areas into a final development plan as a significant and
bona fide amenity for the future residents of the project.
2. Authorize the City Commission to approve a mixed residential PUD which integrates
a variety ofdifferent housing types (detached single family, patio homes, townhouses,
and garden apartments).
Page 1 of 5
As explained below, it is important to note that the purpose of this Ordinance is intended to
coincide with the City Commission's existin authority and discretion to establish residential density
for a residential project under the criteria and procedure that was established last year by the City
Commission under section 20-419, Winter Springs Code.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rules Powers Act.
2. Chapter 20, Winter Springs Code, particularly Article IV, Division 2 and section 20-419.
CONSIDERATIONS:
1. From the outset, it is important to note that on May 22, 2006, the City Commission
adopted Ordinance 2006-03. That Ordinance adopted section 20-419 of the Winter Springs Code,
which was intended to provide the City Commission with substantial authority to establish limitations
on residential densities on acase-by-case basis based on the merits of a particular project and subject
to the maximum density caps established under the City's Comprehensive Plan and Zoning Code.
2. Section 20-419 provides:
(a) This section is intended to be supplemental, and in addition to, any other
provision of the City Code relative to establishing the residential density of all
development projects within the city. It is also the intent of this section to grant the
city commission the maximum authority to establish residential densities on aproject-
by-project basis under the criteria and standards set forth in this section. In the event
of any conflict between the residential densities established by this section and any
other applicable provision of the City Code, the lowest residential density shall apply.
(b) In cases where applicable zoning district classification of a property does not
provide a specific residential density cap or establishes a maximum residential cap, the
residential density for a specific development project shall be established by the city
commission on aproject-by-project basis pursuant to the following standards and
criteria:
(1) The proposed residential density shall be consistent with the city's comprehensive
plan.
(2) The proposed residential density shall be compatible and in harmony with the
surrounding existing and planned uses.
(3) Adequate programmed city services exist to accommodate the proposed
residential density including, but not limited to, water, sewer, refuse, solid waste,
parks and recreation, and police and fire protection.
(4) The proposed residential density shall leave ample green and open space on the
subject property in order to avoid overcrowding and congestion of residents, to
provide sufficient on-site recreational and leisure amenities, and to provide an
Page 2 of 5
aesthetically pleasing and livable development project.
(5) The proposed residential density shall not be contrary to any adopted economic
development objective of the city.
(c) Any residential density established by the city commission under this section for
a particular property shall become the maximum residential density allowed for that
property, subject to possible further reduction in density due to site plan, final
engineering, and conservation requirements and constraints.
(Bold emphasis added to illustrate key "quality of life" standards that developers must satisfy before
the City Commission will set the density for a project)
3. The Future Land Use Element of the City's Comprehensive Plan establishes density for
the various residential land use designations based on" rg oss„acres, not "net" acres. The term "gross
acre" is not defined in the Comprehensive Plan.
4. Although the City Commission has adopted a "gross" acre standard for calculating density,
the City Commission has substantial discretion in regulating density under the current City Code
without having to adopt a "net" acre density scheme. A net density scheme is not required to
reasonably control density. The comprehensive density standards set forth in section 20-419 and the
maximum density caps set forth in the Comprehensive Plan provide significant authority to do so.
5. Part A currently defines "gross residential acre" to exclude utility and water areas.
However, the proposed ordinance would allow said areas to be included as gross acres if the areas
are incorporated into a development plan as significant and bona fide amenity to the residential
development. The proposed code amendment is consistent with the criteria listed above because it
could provide an incentive for a developer, on a case-by-case basis, to "leave ample green and open
space on the subject property in order to avoid overcrowding and congestion of residents, to
provide sufficient on-site recreational and leisure amenities, and to provide an aesthetically
pleasing and livable developmentproject"without losing said areas for density calculation purposes.
6. Further, by excluding water and utility areas or wetlands from "gross acres" under Part
A, City staffis concerned that this blanket prohibition will: (1) limit the City Commission's discretion
under section 20-419; (2) have a negative effect on the preservation of open space and wetlands
because developers will likely be forced to mitigate some wetlands in order to convert them to
uplands for purposes of increasing gross acres and thereby density; and (3) discourage the granting
of open space conservation and utility easements to the City because said areas will be excluded from
gross acres. Rather than imposing a blanket prohibition on using these areas in the gross acre density
calculation, City staff believes that the City Commission should seriously consider having the
discretion, on a case-by-case basis, to include these areas as "gross acres" under very limited
circumstances.
7. In addition to the "gross acre" density issue, Part A currently does not permit a residential
PUD to have integrated housing types. Traditionally, a PUD with different housing types
Page 3 of 5
(townhouses; detached single family; etc} establish nodes of different housing types. Tuscawilla is
a good example where housing types are segregated in different areas; townhomes are in one area and
single family in another area.
8. Keewin Development has recently proposed a PUD which integrates a variety of housing
types. The proposal will combine a mixture of detached patio homes and townhomes which are
located near each other and not segregated in nodes. The City Commission has tentatively approved
a concept plan for the Keewin project. The Proposed Ordinance will permit the City Commission to
grant final approval for a mixed residential PUD which integrates different housing types including
the Keewin project. However, the housing types, height, and density will require City Commission
approval by development agreement on a case-by-case basis, subject to the maximum height
requirements under section 20-354 and the density standards set forth in 20-419 stated above.
9. In conclusion:
A. Ordinance 2007-29 provides the City Commission flexibility to allow utility and water
areas to be included in gross acres for purposes of calculating density, provided the City Commission
determines that said areas are incorporated in a final development plan as a significant and bona fide
amenity for the residential development.
B. Ordinance 2007-29 provides the City Commission flexibility to approve a mixed
residential PUD that integrates different kinds ofhousing types, provided the actual number ofunits
and actual height of the units are approved by development agreement on a case-by-case basis.
C. The City's comprehensive plan requires that residential density be calculated based on
"gross acres." Even so, a net acre zoning scheme is not required to reasonably control density given
the maximum density caps currently set forth in the Comprehensive Plan and zoning code and the
density standards currently set forth in section 20-419. The City Commission has the authority to
establish residential density for projects on a case-by-case basis.
STAFF RECOMMENDATION:
The City Manager and City Attorney recommend Final Adoption of Ordinance 2007-29 as
presented (without excluding wetlands from gross acres)
ATTACHMENTS:
Ordinance 2007-29
Exhibits provided by Community Development
Page 4 of 5
COMMISSION ACTION:
The City Commission approved Ordinance 2007-29 on First Reading on November 26, 2007 with
direction to exclude "wetland" areas from the definition of gross residential acres. However, the City
Commission directed staffto analyze the possible impact of excluding "wetlands" from that definition.
Page 5 of 5
ORDINANCE NO. 2007-29
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES
RELATED TO PLANNED UNIT DEVELOPMENT;
AMENDING THE DEFINITION OF GROSS RESIDENTIAL
ACRE AND PROVIDING A DEFINITION AND DENSITY FOR
MIXED RESIDENTIAL PUD; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII;
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Commission desires to amend the definition of gross residential acre
as the term is defined in Section 20-351 of the City Code; and
WHEREAS, the City Commission desires to provide a density requirement for mixed
residential PUD development on a case-by-case basis as determined by development agreement; 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 incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning;
is hereby amended as follows: (underlined type indicates additions and s~iiteartt type indicates
deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 20.
It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 20. ZONING
***
City of Winter Springs
Ordinance No. 2007-29
Page 1 of 3
ARTICLE IV. PLANNED UNIT DEVELOPMENTS
:~~*
DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
***
20-351. Definitions.
*~~
Gross residential acre. An acre of land committed to the explicit use of residential buildings
or structures or which provides access to or contributes to the amenities of a residential development,
such as parks, open space, parking lots, etc. Land devoted to schools, shall
not be included. Areas primarily dedicated to water or utility related uses may be included in
calculating gross residential acre, if incorporated into a final development plan as a significant and
bona fide amenity to the residential development.
~**
Mixed residential PUD A planned residential community which madinclude any combination
of single-family homes, patio homes, townhouses or garden apartments.
***
Sec. 20-354. Site development standards.
**~
Type Maximum Units per Gross Residential Acre Maximum Height
Single Family Detached 4.5 2 stories
Patio homes 7.0 2 stories
Townhouses 10.0 3 stories
Garden apartments 16.0 3 stories
Mixed residential PUD Actual Units per Gross Residential Acre and Actual Height
shall be determined by the City Commission on acase-by-case
basis by development agreement.
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.
City of Winter Springs
Ordinance No. 2007-29
Page 2 of 3
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 maybe 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 City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2007.
JOHN F. BUSH, 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:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2007-29
Page 3 of 3
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ORDINANCE N0.2007-29
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES
RELATED TO PLANNED UNIT DEVELOPMENT;
AMENDING THE DEFINITION OF GROSS RESIDENTIAL
ACRE AND PROVIDING A DEFINITION AND DENSITY FOR
MIXED RESIDENTIAL PUD; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b}, Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Commission desires to amend the definition of gross residential acre
as the term is defined in Section 20-351 of the City Code; and
WHEREAS, the City Commission desires to provide a density requirement for mixed
residential PUD development on a case-by-case basis as determined by development agreement; 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.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning;
is hereby amended as follows: (underlined type indicates additions and striicea~ type indicates
deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20.
It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall
rem~n unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 20. ZONING
***
City of Winter Springs
Ordinance No. 2007-29
Page 1 of 3
ARTICLE IV. PLANNED UNIT DEVELOPMENTS
***
DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
*~*
20-351. Definitions.
***
Gross residential acre. An acre of land committed to the explicit use of residential buildings
or structures or which provides access to or contributes to the amenities of a residential development,
such as parks, open space, parking lots, etc. Land devoted to schools, shall
not be included. Areas primarily dedicated to water or utility related uses may be included in
calculating gross residential acre, if incorporated into a final development plan as a significant and
bona fide amenity to the residential development.
~**
Mixed residential PUD A planned residential communitywhich may include anycombination
ofsingle-family homes, patio homes, townhouses or garden apartments.
***
Sec. 20-354. Site development standards.
***
Type Maximum Units per Gross Residential Acre Maximum Height
Single Family Detached 4.5 2 stories
Patio homes 7.0 2 stories
Townhouses 10.0 3 stories
Garden apartments 16.0 3 stories
Mixed residential PUD Actual Units per Gross Residential Acre and Actual Height
shall be determined by the City Commission on acase-by-case
basis by development agreement.
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.
City of Winter Springs
Ordinance No. 2007-29
Page 2 of 3
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 maybe
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 Cit<,~
Charter.
ADOPTED by the City Commission of the City of Winter Springs, E~`lorida, in a regular
meeting assembled on the lOthday of December 007.
/_ __
JO .BUSH, Mayor J
r
ATT ST:
~,._._
A LORENZO-LUACES, City Clerk
Approv s to legal form and sufficiency for
the C' o Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: November 26, 2007
Second Reading: December 10, 2007
Effective Date: See Section 6.
City of Winter Springs
Ordinance No.2007-29
Page 3 of 3