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HomeMy WebLinkAbout2006 09 11 Public Hearing 202 Ordinance 2006-11, Chapter 9 Amendment CITY COMMISSION AGENDA ITEM 202 Public Hearing September 11. 2006 Meeting REQUEST: The City Attorney, in cooperation with the Community Development Department, requests that the City Commission hold a Public Hearing to adopt Ordinance No. 2006-11, amending Chapter 9 of the City Code, as it relates to the subdivision process. PURPOSE: The purpose of this Agenda Item to request the City Commission hold a Public Hearing on an ordinance to provide a definitive and objective means to demonstrate compatibility between the proposed lots and the neighborhood when dividing property. DISCUSSION: On September 12, 2005, the City Commission adopted Ordinance No. 2005-23, which amended chapter 9 of the City Code, provided regulations for the subdivision of originally platted lots, required additional conditions for re-platting, and authorized limited lot splits without the necessity of platting. Based upon the application of the existing regulations, the Commission determined a need to supplement the criteria to provide additional minimum safeguards for established residential neighborhoods. One of the prime themes of the proposed ordinance is to promote compatibility and harmony between the property to be subdivided or split and the surrounding properties. The proposed ordinance provides a definitive and objective methodology (amends Section 9-10) to demonstrate compatibility and harmony. It requires the applicant to clearly demonstrate that each proposed lot is at least as large as the average of all lots located within 1,000 feet of the subject property that are also within the same zoning district. The LP A/P&Z and staff reviewed an initial draft ordinance during a public hearing at its regular August 2,2006 meeting. The Board's recommendation for approval included five (5) recommendations to clarify the language - these have been incorporated into the revised draft. These include application of the criteria to preliminary and final August 2, 2006 Public Hearing Item 202 Page 2 engineering process, exclusion of Planned Unit Developments (PUDs) and the Town Center, clarification of land to be included and not included in the average, a definition of what defines the "average," and exclusion of property within the same zoning district (e.g. PUD) in separate jurisdictions. From the beginning, applicants will be advised of the subdivision process (e.g. concept, master plan, preliminary engineering, and final engineering) of the Section 9-10 criteria, including the compatibility requirements. Compatibility must be demonstrated at each stage of development. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Florida Statute 177 Land Boundaries. Winter Sprines Charter Article IV. Governine Bodv. Section 4.06. General powers and duties. Section 4.15 Ordinances in General. Winter Sprines Code of Ordinances. Chapter 9 CHRONOLOGY: July 6,2005 LPAIP&Z Recommended adoption of Ordinance No. 2005-23 August 8, 2005 City Commission passed Ordinance No. 2005-23 on first reading September 12, 2005 City Commission adopted Ordinance No. 2005-23 July 24, 2006 City Commission directed City Attorney to draft revision August 2,2006 LPAIP&Z recommended approval, subject to recommendations August 28, 2006 City Commission passed Ordinance No. 2006-11 on first reading September 1,2006 Newspaper advertisement for Ordinance No. 2006-11 FINDINGS: . The request is in keeping with the intent of the City's Comprehensive Plan, and Chapter 163 of Florida Statutes. . The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. . The request is in keeping with Article VIII, Section 2(b) of the State Constitution. . The request provides a more objective methodology to demonstrate that a plat, re- plat, or lot split is compatible and in harmony with the neighborhood. PLANNING & ZONING ACTION: At its regularly scheduled meeting of August 2, 2006, the Planning and Zoning Board voted to recommend approval of Ordinance No. 2006-11, subject to modifications and clarifications (which have been incorporated into the present draft). Page 2 August 2, 2006 Public Hearing Item 202 Page 3 RECOMMENDATION: The Planning and Zoning Board and staff recommend the City Commission adopt Ordinance 2006-11. ATTACHMENTS: A. Ordinance No. 2005-23 B. Draft Ordinance No. 2006-11 COMMISSION ACTION: Page 3 ATTACHMENT A ORDINANCE NO. 2005-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 9, ARTICLE I, REGULATING THE SUBDIVISION OF ORIGINALLY PLATED LOTS; REQUIRING ADDTIONAL CONDITIONS FOR REPLATS; AUTHORIZING LIMITED LOT SPLITS WITHOUT THE NECESSITY OF PLATTlNG 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 VIII, 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'ofthe 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 ofWmter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WIN~R 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), while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPlER 9. ARTICLE L IN GENERAL City of Winter Springs Ordinance No. 2005-23 Page I of 7 Sec. 9-1. Definitions. Flag lot shall mean any lot with less than the required lot width at the front set back as specified in the bulk regulations for a zoning district that widens in a corridor or driveway like fashion to the required minimum width farther from the street. Flag lots. although not a favored and traditional shape of a buildable lot. are intended to allow, development of parcels that would otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel. *** Sec. 9-2. Sale of non platted property Division ofJand: 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 apj)roved by the city commission by plat. lot split resolution. or development agreement (see section 9-14 for property zoned town center)and a plat of the lots proposed to be sold prepared by a registered St11 'icyor except as provided in section 9-3. Defore such plat shaH be recorded, it shaH be apprOved 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 chapter section: provided. however. that any such vIolation can . be remedied by complying with the provisions of this Article. Sec. 9-3. Dividing platted property. An owner of a single lot or parcel of sufficient size that satisfies zoning bulk regulations. except in a platted area ofa 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. lot split. and town center development agreement requirements set forth in this chapter once into no more than two (2) parGcb 01 lots. Au OMler ora lot which has been divided shaH not be ~anted approval for a replat which ~ou1d Iwt in diridins the originally platted single lot into Olorc than two (2) parcel.s 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. For platted areas of a planned unit development. the owner must not only comply with the provisions of this chapter. but must also comply with the planned unit development procedures in chapter 20 of this Code. No building permit shaH be iSSl:led for the erection or an, building on a previous!, platted City of Winter Springs Ordinance No. 2005-23 Page 2 of 7 lot which is divided contraty to this section. Sec. 9-9. RepJatting. 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 or 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. replat 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 lots. tracts of land or developments that do not conform to the city code. . (e) The application does not create burdensome congestion on the streets and highways. (ft The application promotes the orderly layout and use ofland. (8) The application provides for adequate light and air. (h) The application does not create overcrowding ofland. (i) The application does not pose any significant harm to the adequate and economical provision of water. sewer. and other public services. (i) The application provides for proper ingress and egress through a public or approved private City of Winter Springs Ordinance No. 2005-23 Page 3 of 7 street or perpetual cross access easements. 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 of land that constitute a lot split: (a) For purposes of this section. the term "lot split" shall mean a division or tract of land 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 of land to be split is a previously platted lot or legal description of record. (2) Each lot or tract of land 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 evety respect meet the criteria established elsewhere in this chapter and the City Code for the categoty of zoning and other relevant Codes under which the property 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 required off-site to provide sufficient access or. municipal services to the subiect land: 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 duly licensed land surveyor registered in the state. If a lot or tract ofland contains any principal or accessoty structures. a showing the structures on the Jot 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 documents. (c) No further division of an approved lot split is permitted under this section. unless a plat is prepared and approved in accordance with this chapter. City of Winter Springs Ordinance No. 2005-23 Page 4 of 7 9-12. Flag lots. The platting. replatting. or splitting of land into flag lots is prohibited. unless the city commission determines that a traditional lot shape is impracticable and the flag lot is necessary to permit the development of land that would otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel. 9-13. Exemptions. The following are exempt from the platting. replatting and lot split requirements of this chapter: (a) Lots or parcels that have been created or reconfigured as a result of condemnation or other governmental acquisition. subject to meeting all other applicable development standards: (P) Lots or parcels that have been created or reconfigured as a result of vacated public right- of-way or railroad rights-of-way: (c) Lots or parcels created or reconfigured pursuant to court order: (d) Cemetaty lots or parcels and/or interest therein: ( e) Utilitr stations. including. but not limited to. public well or water tower sites. sewer lift stations sites. and public stormwater facility sites: . (f) Creation and reconfiguration of public right-of-way: and (g) Condominium parcels orunits created pursuant to the Florida Condominium Act~ provided a site plan and engineering development .plans are approved by the city commission. 9-14. Town Center Zoned Property. The City Commission recognizes that the Town Center is subject to a master plan set forth in the Comprehensive Plan and the Town Center District Code. Further. in accordance with the master plan. the Town Center will be divided into- a series of streets. squares. parks. blocks. and parcels. In order to facilitate the implementation of the Town Center master plan. land may be divided by plat. lot split resolution. or in accordance with a recorded development agreement unless an exemption set forth in section 9-13 is applicable. All development agreements shall be subject to approval by the city commission after the initial effective date oftrus section. The development agreemenrshall not permit the creation of residual parcels or tracts that are undevelopable by city standards excluding those lands that are dedicated to the public. Moreover. the development agreement shall set forth the surv~ed City of Winter Springs Ordinance No. 2005-23 Page 5 of 7 legal description and proposed development plan of the land that may be divided and any other terms and conditions deemed necessary by the ci~ commission to pennit the division ofland in accordance with the. Town Center District Code and the general criteria set forth in section 9-10. Notwithstanding. town home and single family residential proiects with more than three units shall require a plat. Sec. 9-9 15-9.25. Reserved. Section 3. Conforming Code Amendment to Section 20-1, City Code. The City of Winter Springs Code, Section 20-1, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions) Section 20-1 Definitions. *** Lot of record A lot which is subdivided in accordance with the subdivision regulations contained in chapter 9 of the City Code a part of a subdivision, the plat of which has been recorded in the office of the cler cjfthe county circuit court; or a parcel of land, on or before the effective date of the ordinance from which this chapter was derived. *** Section 4. 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, except that prior lot split resolutions approved by the City Commissio~ shall remain in full force and effect provided said resolutions are recorded in the public records of Seminole County prior to the effective date of this Ordinance. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Wmter Springs City Code and any section or paragraph, number odetter, 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 6. 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. City ofWmter Springs Ordinance No. 2005-23 Page 6 of 7 Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission ofthe 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 12th day of September, 2005. 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: August 8, 2005 September 12, 2005 See Section 7. City of Winter Springs Ordinance No. 2005-17 Page 7 of 7 ATTACHMENT B ORDINANCE NO. 2006-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 9-10 OF THE CITY CODE RELATIVE TO THE COMPATIBILITY CRITERIA FOR LOT SPLITS, REPLA TS, AND PLATS; 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 VIII, 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 has previously adopted Ordinance 2005-23 which establishes detailed criteria regarding lots splits, replats, and plats; and WHEREAS, the criteria established in Ordinance 2005-23 is intended, in part, to ensure and protect the compatibility of neighborhoods when property owners seek to subdivide their property; and WHEREAS, since the adoption of Ordinance 2005-23, the City Commission has processed several applications for lot splits; and WHEREAS, based on those applications, the City Commission desires to supplement the criteria in order to provide additional minimum safeguards for established residential neighborhoods; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe 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 City of Winter Springs Ordinance No. 2006-11 Page 1 of 4 Section 2. Code Amendment. The City of Winter Springs Code, Chapter 9, Article I, Section 9-1 0 is hereby amended as follows: (underlined type indicates additions and stlikcont type indicates deletions), while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 9. ARTICLE I. IN GENERAL * ... ... Sec. 9-10. General Criteria for Approval. Before any plat, replat or 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, replat 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. For properties zoned residential (excluding planned unit developments and Town Center). the resulting lots must comply with the following additional minimum standard: (1) The size of each proposed lot must be equal to or greater than the averaQ:e size of all lots that are located within a one thousand (1000) foot radius around the outer perimeter of the proposed lots and have the same city zoning designation as the proposed lots. The average shall be defined as the arithmetic mean and shall be determined using the averaQ:e of all residential lots. excluding lots and tracts reserved for stormwater. conservation. and areas on previously approved plans designated for future development. The proposed lots shall be included in the calculation of the average. (d) The application does not create any nonconforming 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 of land. City of Winter Springs Ordinance No. 2006-11 Page 2 of 4 (g) The application provides for adequate light and air. (h) The application does not create overcrowding ofland. (i) The application does not pose any significant hann to the adequate and economical provision of water, sewer, and other public services. G) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. 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, except that prior lot split resolutions approved by the City Commission shall remain in full force and effect provided said resolutions are recorded in the public records of Seminole County prior to the effective date of this Ordinance. 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 City Charter. [Adoption and Signature Page Follows) City of Winter Springs Ordinance No. 2006-11 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. 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. 2006-11 Page 4 of 4 ATTACHMENT C CITY OF WINTER SPRINGS, FWRIDA UNAPPROVED MINUTES PLANNING AND WNING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 2, 2006 PAGE20F8 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division And Office Of The City Attorney ADD-ON Request That The Local Planning Agency Hold A Public Hearing To Consider Amending Chapter 9 Of The City Code, As It Relates To The Subdivision Process. Mr. John Baker, Senior Planner, Community Development Department presented this Agenda Item and distributed a Handout to the Advisory Board Members. Mr. Baker said, "I really believe that we should consider adding a couple of words to the proposed Ordinance 2006-11." Mr. Baker continued, "On Page 2 of [Page] 4 of that Proposal - in paragraph (c) where it says, 'For properties zoned residential or PUD', if we prefix that with 'Except where a project goes through a full subdivision process or final subdivision' - if we add those words, then we would be adequately protected. I do think we ought to specify the 'Arithmetic mean' and I would like your opinion about adjacent lots and other jurisdictions." Board Member Brown said, "First - 'Attachment' is spelled wrong on 'B'." Mr. Baker said, "Okay." Advisory Board Member Brown said, "[Section] 9-1. reference the 'Flag Lots' - 'Definitions.' in the beginning. I would like to see a reference - the 'Flag Lots' on [Section] 9-12. You did do that on the Town Center." Board Member Brown then said, "So, if you would reference [Section] 9-1. to [Section] 9-12. and [Section] 9-12. back to [Section] 9.1." Mr. Baker said, "Alright." Discussion. Vice Chairperson Linda Tillis said, "I would agree certainly with the 'Exception' that you mentioned. I agree that adding an 'Arithmetic mean' to clarify what you mean by average is a good idea." Vice Chairperson Tillis then said, "Adjacent lots, even if they are not within the City's jurisdiction - I am concerned that we really would not be able to enforce that. So, that would be my only reservation." Advisory Board Member William H. Poe said, "The 'Mean' is the 'Mean' - I agree with that. Secondly, in agreement with [Vice Chairperson] Ms. Tillis with, regard to what she just said about - outside our jurisdiction, the intent of the law is one (1) thing, butwhat we would be able to enforce is something else." Discussion. ORDINANCE NO. 2006-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 9-10 OF THE CITY CODE RELATIVE TO THE COMPATIBILITY CRITERIA FOR LOT SPLITS, REPLA TS, AND PLATS; 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 VIII, 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 has previously adopted Ordinance 2005-23 which establishes detailed criteria regarding lots splits, replats, and plats; and WHEREAS, the criteria established in Ordinance 2005-23 is intended, in part, to ensure and protect the compatibility of neighborhoods when property owners seek to subdivide their property; and WHEREAS, since the adoption of Ordinance 2005-23, the City Commission has processed several applications for lot splits; and WHEREAS, based on those applications, the City Commission desires to supplement the criteria in order to provide additional minimum safeguards for established residential neighborhoods; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe 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 City of Winter Springs Ordinance No. 2006-11 Page 1 of 4 Section 2. Code Amendment. The City of Winter Springs Code, Chapter 9, Article I, Section 9-10 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions), while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 9. ARTICLE I. IN GENERAL * * * Sec. 9-10. General Criteria for Approval. Before any plat, replat or 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, replat 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. For properties zoned residential (excluding planned unit developments and Town Center). the resulting lots must comply with the following additional minimum standard: (1) The size of each proposed lot must be equal to or greater than the average size of all lots that are located within a one thousand (1000) foot radius around the outer perimeter of the proposed lots and have the same city zoning designation as the proposed lots. The average shall be defined as the arithmetic mean and shall be determined using the average of all residential lots. excluding lots and tracts reserved for stormwater. conservation. and areas on previously approved plans designated for future development. The proposed lots shall be included in the calculation of the average. (d) The application does not create any nonconforming 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 of land. City of Winter Springs Ordinance No. 2006-11 Page 2 of 4 (g) The application provides for adequate light and air. (h) The application does not create overcrowding of land. (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. G) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. 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 ofthe conflict, except that prior lot split resolutions approved by the City Commission shall remain in full force and effect provided said resolutions are recorded in the public records of Seminole County prior to the effective date of this Ordinance. 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 S. 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. [Adoption and Signature Page Follows] City of Winter Springs Ordinance No. 2006-11 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 11 th day of September, 2006. ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the Ci f nter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: 08-28-06 09-11-06 09-11-06 City of Winter Springs Ordinance No. 2006-11 Page 4 of 4