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HomeMy WebLinkAbout2005 06 13 Regular Item 508, City's Land Planning Agency COMMISSION AGENDA ITEM 508 Consent Informational Public Hearing Regular x June 13. 2005 Meeting p-- Att. / Mgr. / REQUEST: The City Attorney and staff request that the City Commission review a draft ordinance proposing to amend the subdivision regulations under Chapter 9, City Code, particularly Section 9-3, and provide direction as to whether it should be referred to the City's Land Planning Agency for review and recommendation. PURPOSE: The purpose of this Agenda Item is to allow the City Commission to conduct a preliminary review and provide direction regarding a draft ordinance proposing to amend the City's subdivision regulations set forth in Chapter 9 of the City Code, particularly Section 9-3. In addition, if the City Commission finds the draft ordinance preliminarily acceptable, the purpose of this Agenda Item is to request that the City Commission refer the draft ordinance to the City's Land Planning Agency for review and recommendation to the City Commission. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. City of Winter Springs Comprehensive Plan 3. Chapter 9, Article I, City Code. Page 1 of 3 4. Chapter 177, Florida Statutes, establishing minimum requirements for the subdivision ofland and authorizing municipalities to adopt additional and supplemental regulations by local ordinance. CONSIDERATIONS: 1. On March 28, 2005, the City Commission conducted a formal review of Section 9-3 of the City Code regulating the subdivision of originally platted lots. 2. The City Commission directed that the City Attorney work with city staff to further study the impact of Section 9-3 and related codes and propose recommendations regarding the dividing oflots in the City of Winter Springs. 3. After further review, the recommendations of the City Attorney and staff are embodied in the proposed draft ordinance attached to this Agenda Item. 4. In sum, the draft ordinance would accomplish the following: A. Consistent with the fact that Chapter 177, Florida Statutes, expressly recognizes that a governing body may approve a replat of lands embraced in all or part of a prior plat filed of public record, the City Code will also expressly recognize that properties previously platted may be re-plated provided the replat satisfies all the requirements of Chapter 177, Florida Statutes and the City Code. B. A survey prepared by a duly licensed surveyor shall be required before any subdivision or lot split will be approved. C. Engineering development plans will be required for all subdivisions or lot splits that require new streets, water, sewer, drainage or other infrastructure. D. In addition to all the technical standards set forth in the City Code, the draft ordinance establishes general criteria which must be satisfied before the City Commission will approve any subdivision or lot split, as follows: (a) The application is in compliance with the provisions of this chapter and applicable law. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. ( c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. Page 2 of 3 (d) The application does not create any nonconfonning lots, tracts ofland or developments. (e) The application does not create burdensome congestion on the streets and highways. (f) The application promotes the orderly layout and use ofland. (g) The application provides for adequate light and air. (h) The application does not create overcrowding ofland. (i) The application facilitates the adequate and economical provision of water, sewer, and other public services. G) The application provides for proper ingress and egress. E. The draft ordinance creates criteria and a procedure for "lot splits." The procedure will pennit the City Commission, at a public hearing, to authorize by resolution (without the necessity of platting) the division of a tract of land or lot into one additional lot or tract of land under limited conditions. Any further division of an approved lot split shall require a plat approved by the City Commission. F. Any division of land into more than two tracts ofland or lots shall require a plat approved by the City Commission. ATTACHMENT: 1. Draft Ordinance Proposing to Amend Chapter 9, Article I, City Code. 2. Previous Regular Agenda Item 500, dated March 28, 2005 (w/out attachments). 3. Excerpt of the City Commission's March 28,2005 Minutes. COMMISSION ACTION: On March 28,2005, the City Commission conducted a formal review of Section 9-3 of the City Code regulating the subdivision of originally platted lots. The City Commission directed that the City Attorney work with city staff to further study the impact of Section 9-3 and related codes and propose recommendations regarding the dividing oflots in the City of Winter Springs. Page 3 of 3 Draft June 6, 2005 ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 9, ARTICLE I, REGULA TING THE SUBDIVISION OF . ORIGINALLY PLATTED LOTS; REQUIRING ADDmONAL CONDmONS FOR REPLATS; AUTHORIZING LIMITED LOT SPLITS WITHOUT THE NECESSITY OF PLATTING UNDER CERTAIN LIMITED REQUIREMENTS AND CONDITIONS; 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 Section 2(b), Article VITI, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, municipalities are also granted authority to regulate the subdivision of land within its municipal borders pursuant to Chapter 177, Florida Statutes; 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 9, Article I, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions). CHAPTER 9. ARTICLE L IN GENERAL * * * City of Winter Springs Ordinance No. 2005~ Page 1 of 5 Sec. 9-2. Sale of non platted pi opel'tJ Division of land: city commission approval required. No owner of real property being a subdivision or lot split as defined in this chapter, shall sell lots or tracts of land from such tract property without first having divided such property:- in accordance with the requirements hereof,-.. Before such lot or tract is divided. the lots or tracts proposed to be divided shall be surveyed by a duly licensed surveyor and approved by the city commission by plat or a lot split resolution and a plat of the lots proposed to be sold prepared by a registered st11"\teyor except as provided in seGtion 9-3. Defore such plat shaH be recorded, it shall be llppt'O'\led in accordance with the specific applicable provisions of this chapter and F.S. Ch. 177. No permit shall be issued for the construction of any building or structure or for an electrical hookup on any lot or tract sold in violation of this section. Sec. 9-3. Dividing platted property. An owner of a single lot or parcel of sufficient size, except in a platted area of a planned unit development, may, with prior approval of the city commission, divide an originally platted single lot or parcel by dividing the lot or parcel under the replatting or lot split procedures set forth in this chapter once into no more than tl'\lO (2) Patcels or lots. An Ol'\lnef of a lot which has been divided shall not he granted Appfoval fOf a leplat whiGh would remIt in dividing the orisinally platted single lot into more than mo (2) parcels or lots. Each parcel or lot so divided shall in every respect meet the criteria established elsewhere in this Code for the category of zoning and other relevant Codes under which the property is zoned and each parcel or lot shall meet the engineering requirements set out elsewhere in this chapter. In such instance, and only within the strict application of this section, may the full provisions of this chapter be waived and variances granted thereto. No building permit shall be issued for the erection of any building or structure or for an electrical hookup on a previously platted lot or parcel which is divided contrary to this section. Sec. 9-4. Waiver to snbdhision engineering development plan requirements. For subdivisions or lot splits where no new streets, water, sewer, or drainage or other infrastructure structures are involved, application for approval of preliminary or final subdi v ision engineering development plans may be waived provided, however, that a plat of the proposed subdivision or the metes and bounds legal description of the proposed lot split that can be recorded of the proposed subdi vision shall be submitted for review by the city staff The recommendation of the city staff shall be subject to approval by the city commission. The purpose of this approval is to ensure that the proposed subdivision plat or lot split conforms to applicable requirements of this chapter the subdi vision regulations. City of Winter Springs Ordinance No. 2005- Page 2 of 5 *** Sec. 9-9. Replattine. Originally platted lots or parcels may be replatted in accordance with the platting provisions of Chapter 177. Florida Statutes and this chapter. Sec. 9-10. General Criteria for Approval. Before any plat. replat qr lot split application is approved by the city commission under this chapter. the applicant must demonstrate. and the city commission must find. that the proposed plat. re.plat or lot split meets the following criteria: (a) The application is in compliance with the provisions of this chapter and applicable law. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. ( c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. (d) The application does not create any nonconforming lots. tracts of land or developments. ( e) The application does not create burdensome congestion on the streets and highways. (f) The application promotes the orderly layout and use ofland. (g) The application provides for adequate light and air. (h) The application does not create overcrowding ofland. (i) The application facilitates the adequate and economical provision of water. sewer. and other public services. (j) The application provides for proper ingress and egress. Sec. 9-11. Lot Splits. The City Commission may by resolution at a public hearing grant waivers from the platting requirements of this chapter for divisions ofland that constitute a lot split: ( a) For purposes of this section. the term "lot split" shall mean a division of a tract ofland or lot that will result in the creation of exactly one (1) additional lot or tract of land provided the following conditions are met: (1) The lot or tract ofland to be split is a previously platted lot or legal description of record. (2) Each lot or tract ofland created hereunder shall abut a public or approved private street. unless perpetual cross-access easements already exist on the lot to. be split or are determined not to be necessary: or. if necessary. are provided by separate instrument. (3) The lot split shall in every respect meet the criteria established elsewhere in this chapter and the City Code for the category of zoning and other relevant Codes under which the property City of Winter Springs Ordinance No. 2005- Page 3 of 5 is zoned. (b) Every lot split shall be processed in the following manner: (1) An application form provided by the community development department shall be completed and filed with the department. accompanied with the following: a. An application fee approved by the city commission by resolution: b. Twelve paper copies of the proposed lot split: c. A statement indicating whether new streets. water. sewer. drainage structures. or other infrastructure are involved: and d. Legal descriptions and acreage of the two proposed lots or tracts of land and a scaled drawing showing the intended division shall be prepared by a duty licensed land surveyor registered in the state. If a lot or tract ofland contains any principal or accessory structures. a survey showing the structures on the lot or tract ofland shall accompany the application. (2) Upon approval of the lot split by resolution of the city commission. the resolution shall be duly recorded in the public records of Seminole County and recorded on the appropriate city maps and ~ocuments. (c) No further division of an approved lot ~plit is permitted under this section. unless a plat is prepared and approved in accordance with this chapter. Sec. 9-' 12-9.25. Reserved. 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 inay 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 City of Winter Springs Ordinance No. 2005- Page 4 of 5 CI1Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 10 OF 24 VOTE: COMMISSIO GILMORE: AYE COMMISSIONER S: AYE COMMISSIONER MILLE. YE COMMISSIONER McGINNIS: DEPUTYMAYORBLAKE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Office Of The City Attorney/Office Of The City Manager At The City Commission's Request, The City Attorney And City Manager Are Presenting Section 9-3., City Code, For Review And Consideration. After Review And Consideration, The City Commission May Direct That The City Attorney Work With City Staff To Prepare An Ordinance That Will Propose An Amendment To Section 9-3. Attorney Garganese presented this Agenda Item. Tape 3/Side A (Note: Due to teclmical difficulties, portions of this tape may oot be audible] With discussion. Deputy Mayor Blake inquired of Attorney Garganese. "Has all land in Winter Springs been platted?" Furthermore, Deputy Mayor Blake said, "We certainly need to make sure that the appropriate infrastructure is put into place by the entity that is developing property to the higher degree it is - we need to make sure that happens." Discussion. Deputy Mayor Blake stated. "Are we using this Code all the time and consistently and fairly, if we did this before?" Manager McLemore stated, "I would like to look at that further," Further discussion. "I RECOMMEND THAT WE ADOPT PART 'b)' UNDER THE 'STAFF RECOMMENDATION'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR BLAKE NOTED, "WE HAVE TO LOOK AT TmS AND REVIEW TmS SECTION OF CODE - HOW IT AFFECTS THE ENTIRE CITY, ALL PROPERTY IN THE CITY, NOT JUST IN THE RANCHLANDS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 11 OF 24 VOTE: CO~SmONER~LER: NAY CO~SmONERG~ORE:AYE CO~SSIONER KREBS: NAY DEPUTYMAYORBLAKE: NAY CO~SSIONER McGINNIS: AYE MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO REVIEW AGAIN IN MORE DEPTH GIVEN THE ADDmONAL DISCUSSION WE HAD TONIGHT CODE SECTION 9.3., ANY RELATED CODES AND THEIR EFFECT CURRENT DEVELOPMENT, CURRENT PROPERTIES AND FUTURE DEVELOPMENT OF PROPERTIES, INCLUDING ALL THE QUESTIONS RELATED TO SUBDIVISION REQUIREMENTS, INFRASTRUCTURE REQUIREMENTS AND DIVIDING OF LOTS PREVIOUSLY PLATTED AND BRING THAT BACK TO US WITH RECOMMENDATIONS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION, VOTE: COMMISSIONER KREBS: AYE CO~SSIONERMcGINNIS: AYE CO~SmONERG~MORE:AYE DEPUTYMAYORBLAKE: AYE COMmUSmONER~LER: AYE MOTION CARRIED. 501. . e Department - Code Enforcement Bureau Requests ommission To Review Information Regarding The David Drive Right-Of-Way In City Of Winter Springs. Captain Glenn Tolleson, Police ent presented this Agenda Item. Deputy Mayor Blake remarked, "Did we kil that this right-of-way was not in the City - when we had the initial request to vacate it?" tain Tolleson noted, 'This was new information when it was handed over to us to investig what was going on." Manager McLemore stated, "If you want us to go forward and try to a ire it." Manager McLemore asked, "Do you want us to bring it back, and 100 t the option of taking it?" Deputy Mayor Blake stated, "Do we want the whole thing or do ant just the both sides of Winter Springs and half where Casselberry also borders 0 '?" Manager McLemore answered by stating, "We'll look at that." ~ "..,---c.~"t--- COMMISSION AGENDA ITEM 500 Consent Informational Public Hearing Regular X March 28. 2005 Meeting /sr- J/~~ () Mgr. / Att. / Dept. REQUEST: At the City Commission's request, the City Attorney and City Manager are presenting Section 9-3, City Code, for review and consideration. After review and consideration, the City Commission may direct that the City Attorney work with city staff to prepare an ordinance that will propose an amendment to Section 9-3. PURPOSE: The purpose of this agenda item is to give the City Commission an opportunity to review the applicability and effect of Section 9-3 and related provisions of the City Code. In addition, the purpose is to give the City Commission the ability to pro-actively direct the City Attorney and City staff to prepare an ordinance that will propose amending Section 9-3, if necessary. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Horne Rule Powers Act. 2. Section 9-3, City Code. 3. Chapter 177, Florida Statutes. CONSIDERATIONS: 1. On several occasions recently, the City has been faced with addressing with several property owners the applicability and effect of Section 9-3, City Code. The property owners believe that this Page 1 of 3 .',r<o,'< "'-'"f'- section places too great a restriction on the future division of large platted lots located within the City. 2. Particularly, Section 9-3 regulates a property owner's ability to divide and develop an originally platted lot. From what can be discerned from the editor's notes in the City Code, it appears that this code section, as written, goes back to at least 1974. 3. No specific written legislative intent for Section 9-3 can be found. Some believe the intent of Section 9-3 is to preserve the existing large lots in the Ranch Lands. In general, subdivision ofland regulations, like Section 9-3, are intended to encourage harmony and compatibility, lessen congestion in the streets and highways; further the orderly layout and use ofland; provide adequate light and air; prevent overcrowding of land; facilitate the adequate and economical provision of water, sewerage, and other public requirements; provide for proper ingress and egress; promoting the proper monumenting ofland subdivided; and encourage the conveyance ofland by accurate legal description. See Section 25.03, Anderson's American Law a/Zoning, 4th Edition. 4. Although Section 9-3 is attached to this agenda item in its entirety, the crux of the issue centers around the application of the first two sentences set forth in Section 9-3. a) The first sentence states, "An owner of a single lot of sufficient size, except in a platted area of a planned unit development, may, with prior approval of the city commission, divide an originally platted single lot once into no more than two (2) parcels or lots." b) The second sentence provides "[aJn owner of a lot which has been divided shall not be granted approval for a replat which would result in dividing the originally platted single lot into more than two (2) parcels or lots." 5. This section has recently been interpreted by the City Commission and City staff to mean two things: a) A platted lot (except in PUDs) can be subdivided into two lots or parcels with prior city commission approval; and b) Once a platted lot has been divided, it can not be divided again. 6. The only relief afforded property owners from the provisions of Section 9-3 is to request a variance pursuant to Section 9-5 ofthe City Code. A variance may only be granted ifthe property owner can demonstrate, during a public hearing, that the variance request satisfies the stringent criteria in the City Code. The criteria include showing that Section 9-3 imposes an unnecessary hardship and the request will not be injurious to the surrounding territory. 7. Mr. Paul Rosu has submitted a "white paper" for the City Commission's review and consideration. This issue may apparently affect him in the future. Page 2 of 3 ."-._....n..;"",.. 8. Further, this issue may affect Dr. Mosley in the future. Dr. Mosley owns a one parcel, thirty (30) acre platted lot located adjacent and West ofDunmar Estates. The plat is called "Dr. Mosley's Plat" and is recorded in Plat Book 34, Page 10. Dr. Mosley's situation is unique in the City. He would like to propose a subdivision which consists of several lots of at least two acres each. Unless Section 9-3 is modified in some fashion, Section 9-3 would prohibit such a subdivision and would only allow Dr. Mosley to divide the one thirty acre lot into two lots of some size. For illustrative purposes only, a copy of Dr. Mosley's conceptual subdivision proposal is attached to this Agenda Item. 9. Chapter 177, Florida Statutes, sets forth mirumum platting requirements. Municipalities are permitted to adopt more stringent requirements relative to the subdivision of land tinder the Florida Murucipal Home Rule Powers Act and Section 177.011, Florida Statutes. @AFF RECOMMENDATIO~ The City Attorney and City Manager recommend two options at this time: a) Do not amend Section 9-3 at this time; or b) Direct the City Attorney to work with staff to prepare an ordinance which proposes creating a limited exception to Section 9-3's prohibition against subdividing originally platted lots in more than two lots or parcels and more than once. At a minimum, the limited exception shall require approval by the City Commission at a public hearing; subdivided lots must satisfy minimum lot size requirements in the applicable zoning district; and criteria ensuring such subdivisions are compatible and in harmony with lot sizes in the surrounding area. Further, some exception may have to be made for unimproved old platted lots (e.g: D.R. Mitchels plat recorded in 1907) which do not serve more recent development trends, including the Town Center. ATTACHMENT: 1. Sections 9-1 through 9-7, City Code. 2. Paul Rosu's White Paper, dated February 18, 2005. 3. Dr. Mosley's conceptual subdivision plan. COMMISSION ACTION: 1. At the February 28, 2005 City Commission meeting, the City Commission directed that Section 9-3, City Code, be placed on a future City Commission agenda for review and consideration. G:\DocsICity of Winter SpringslAgenda\2005\9-3, City Code. wpd Page 3 of 3