HomeMy WebLinkAbout2005 09 12 Public Hearing Item 405
CITY COMMISSION
ITEM 405
Consent
Information
Public Hearin
Re ular
x
September 12, 2005
Meeting
REQUEST:
The Community Development Department - Planning Division and City Attorney requests the
City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2005-23,
amending Chapter 9 of the City Code as it relates to the subdivision process.
PURPOSE:
To request the City Commission hold a Public Hearing to update pertinent subdivision
provisions of the City Code.
On March 28, 2005, the City Commission conducted a formal review of Section 9-3 of
the City Code and directed the City Attorney to work with staff to further study the
impacts of Section 9-3 on the subdivision ofland within the City. Most of the
recommendations of the City Attorney and staff are embodied in attached draft Ordinance
No. 2005-23 (Staff will provide a list of minor proposed changes).
Presently, the Code prohibits more than one division of a platted lot into 2 new lots,
regardless of how large the originally platted lot was or the character of the surrounding
properties. Further, changes in Chapter 177, Florida Statutes, which sets forth
requirements for final subdivision plats, have made platting more expensive and time
consuming. Other local cities and Seminole County have adopted "lot split" provisions
for extremely simple divisions of property, where the new lots meet all applicable
requirements and no new roads, sewer lines, water lines, or other infrastructure are
needed.
One of the prime themes of the proposed ordinance is to promote compatibility between
the property to be subdivided or split and the surrounding properties.
The ordinance has been slightly revised, reflecting the Commission's directive to tighten
the definition for flag lot.
August 22, 2005
Public Hearing Item 405
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 Sprin\?:s Charter Article IV. Governin\?: Bodv.
Section 4.06. General powers and duties.
Section 4.15 Ordinances in General.
Winter Sprin\?:s Code of Ordinances. Chapter 9
CHRONOLOGY:
June 23, 2005- Public Noticing in Orlando Sentinel ofLPA Public Hearing
July 6, 2005- P & Z Board (LP A) held a Public Hearing and made a unanimous
recommendation of Approval
1st Reading of Ordinance 2005-23
Public Noticing in Orlando Sentinel (10 days prior to adoption)
Postponed to Date Certain (September 12,2005)
Aug. 8, 2005-
Aug. 11, 2005-
Aug. 22, 2005-
FINDINGS:
. The ordinance has been slightly revised, reflecting the Commission's directive to
tighten the definition for flag lot.
. 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.
PLANNING & ZONING BOARD / LPA RECOMMENDATION:
At a regular meeting of the Planning & Zoning Board/LP A on July 6, 2005, the
Boardl Agency recommended approval of Ordinance 2005-20, with a vote of 5-0.
STAFF RECOMMENDATION:
Staff and the City Attorney recommend the Commission hold a Public Hearing for
Second Reading/Adoption of Ordinance 2005-23, which amends Chapter 9 of the City
Code as it relates to the subdivision process.
ATTACHMENTS:
A- Excerpt from P&Z/LPA Minutes of July 6,2005
B- Public Noticing in Orlando Sentinel
C- Revised Ordinance 2005-23
CITY COMMISSION ACTION:
Page 2
August 22, 2005
Public Hearing Item 405
ATTACHMENT A:
Excerpt from P&Z/LP A Minutes of July 6, 2005
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING
JULY 6, 2005
PUBLIC HEARINGS
402. Community Development Department - Planning Division - Office Of The
City Attorney Requests 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.
Ms. Sah1strom presented this Agenda Item.
Tape lISide B
Discussion.
Chairman Poe opened the "Public Input" portion of this Agenda Item.
Reverend Neil R. Backus, D.D., 110 East Panama Road, Winter Springs, Florida: spoke
on church site property and is for changing the Process but against [Section] 9-3. of the
City Code.
Chairman Poe closed the "Public Input" portion of this Agenda Item.
Discussion on lot splits ensued.
"I WILL MAKE A MOTION THAT PLANNING AND ZONING BOARD
RECOMMEND TO THE CITY COMMISSION APPROVAL OF ADOPTION OF
ORDINANCE 2005-23 AND WITH - THE FINDINGS OF THE REQUEST WITH
THE INTENT OF THE CITY'S COMPREHENSIVE PLAN, CHAPTER 163 OF
THE FLORIDA STATUTES REQUEST IN CONFORMANCE WITH THE
PURPOSE AND INTENT OF THE CITY CODE AND ALL APPLICABLE
REQUIREMENTS, THE REQUEST IS IN KEEPING WITH ARTICLE VIII,
SECTION 2. (b) OF THE STATE CONSTITUTION.
AND I WOULD LIKE TO ADD TO THE FINDINGS THAT JUST WHAT YOU
STATED LIKE DUNMAR ESTATES AND PARTS OF THE PUD [PLANNED
UNIT DEVELOPMENT] THAT HAVE TO BE REVIEWED; BE REVIEWED BY
THEIR - AND ANY OTHER COMMENTS. I WILL ACCEPT ANY
ADDITIONAL COMMENTS TO BE ADDED TO MY MOTION BY ANY OTHER
Page 3
August 22, 2005
Public Hearing Item 405
ATTACHMENT A:
Excerpt from P&Z/LP A Minutes of July 6, 2005
MEMBER OF THE BOARD AT THIS TIME THAT THEY FEEL TO CLARIFY
THAT THE [CITY] COMMISSION WOULD TAKE A HARD LOOK AT THIS."
MOTION BY BOARD MEMBER BROWN.
BOARD MEMBER TILLIS SAID, "I WOULD LIKE TO RECOMMEND AN
AMENDMENT TO THE MOTION. JUST THAT WE PICK UP THOSE MINOR
MODIFICATIONS THAT ELOISE [SAHLSTROM] MENTIONED REGARDING
PROHIBITING THE FLAG LOTS AND ADDING A PROVISION FOR
EXEMPTIONS FORRIGHT-OF-WAYS AND SEWER LIFT STATIONS THOSE
THINGS THAT WERE MENTIONED IN ELOISE'S [SAHLSTROM] PAPER
TONIGHT." BOARD MEMBER BROWN STATED, "FINE." SECONDED BY
VICE CHAIRPERSON KARR. DISCUSSION.
CHAIRMAN POE SAID, "THE MOTION IS TO APPROVE STAFF'S
RECOMMENDATION WITH THE CAVEAT OF ENSURING THAT THE FLAG
LOTS AND THE RIGHT-OF-WAYS ARE A PORTION OF THAT? IS THAT
CORRECT MR. BROWN [BOARD MEMBER] AS AMENDED?" BOARD
MEMBER BROWN ADDED, "IN CONJUNCTION WITH THE CITY CODE
AND PUD [PLANNED UNIT DEVELOPMENT] REQUIREMENTS AND
CONFORMITY TO THE PUDS [PLANNED UNIT DEVELOPMENTS]."
DISCUSSION.
MS. SAHSTROM SAID, "IT IS SECTION 9-3. - SAYS, AN OWNER OF A
SINGLE LOT OR PARCEL OF SUFFICIENT SIZE, EXCEPT IN A PLATTED
AREA OF A PUD PLANNED UNIT DEVELOPMENT." BOARD MEMBER
BROWN SAID, "OKAY."
TO REITERATE THE MOTION, CHAIRMAN POE SAID, "THE MOTION IS
TO APPROVE STAFF'S RECOMMENDATION AS PRESENTED ENSURING
THAT WE TAKE INTO CONSIDERATION THE PROHIBITION OF FLAG
LOTS AND ALSO CONSIDERATION OF RIGHT-OF-WAY."
VOTE:
BOARD MEMBER TILLIS: AYE
BOARD MEMBER BROWN : AYE
BOARD MEMBER VOSKA: AYE
CHAIRMAN POE: AYE
VICE CHAIRPERSON KARR: AYE
MOTION CARRIED.
Page 4
August 22, 2005
Public Hearing Item 405
ATTACHMENT B:
Public Noticing in Orlando Sentinel
$( floft.lMDAT. AI.IGU$T n. XlOS
H2:2 ~~
ClIW8/....
LIGIL IiIOI1CD
I ~....:=:~.:
_lot
t 1Irtm.=-=
~.tJ':::...-r.,""'''
-...-...-
-,.-
Page 5
August 22, 2005
Public Hearing Item 405
ATTACHMENT C:
Ordinance 2005-23
Page 6
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 ORIGINALL Y PLATTED LOTS;
REQUIRING ADDITIONAL CONDITIONS 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 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 of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe 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 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).
CHAPTER 9.
ARTICLE I. IN GENERAL
City of Winter Springs
Ordinance No. 2005-23
Page 1 of 7
Sec. 9-1. Definitions.
FlaIl lor 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 nonplatted pi opel ty Division of land: city commission approval reauired.
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 propert)7 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 survevor and approved by the city
commission by plat. lot 'P,lit resolution, or development agreement (see section 9-14 for ~':"~erty
zoned town center)~~~ plat ofthe. lots pIoposed to be. sold prepared by a registered StI1 v yo
except as prOvided in se.c.tion 9-3. Defore. SUGh plat shall be reGorded, it shall 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 5e.c;.t~Oll: provided. however. that any such violation
can be remedied bv 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 of a planned unit development, may, with prior approval of the city commission,
divide an originally platted single lot or parcel bv dividing the lot or parcel under the replatting.
lot split: and town center development agreement requirements set forth in this chapter once. ~ntv
no lU"le. thc\.u tvvo (2) parcels 01 lots. An Ovvuc'1 of a lot vvh~c;.h has been d~ vided shall not be
~~~~P~l~~~ ~ a re.plat whie.h would result iil div~d.in.g the. oligi~ally plattGd single lot into
mOle than t\lvO (2) patCc15 or lots. Each parcel or lot so dIVIded shall III 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 ofthis
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 cha;ter 20
of this Code. No building penult shall be. issu\,d fOI the e.re.ctioIl of any b:lding OIl a prev i u5ly
City of Winter Springs
Ordinance No. 2005-23
Page 2 of 7
platted lot whic,h is divided Gonhm} to this s'd~ol1.
Sec. 9-4. Waiver to subdhision eneineerine development plan requirements.
For subdivisions or lot splits where no new streets, water, sewer, or drainage or other infrastructure
stI tlGttliG5 are involved, application for approval of preliminary or final 51lbdi vision engineering
development plans may be waived provided, however, that a plat ofthe proposed subdivision or the
metes and bounds legal description of the proposed lot split is approved by the city commission in
accordance with section 9-2. t11M. eml be. lGcordcd oHile proposed sttbdi vision shall be submitted fuI
re::~~c:: by the. ci~ s~. :P~le r;COnlfilcudation onile dty staff shall be Mtbjcct to appro v al by tile city
~~~~1_1issioll. Th.... paIpOSC oftills apPlo~al is to Cl1StfW thai the ploposcd subdi v is~on (,onfonns to
applicable requilements of the subdivision l(,gtllatjun~.
* * *
Sec. 9-9. Replattin~. 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 oroposed 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 a lication is consistent with the cit 's com rehensive Ian and a Hcable cit 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 a lication does not create burdensome con estion on the streets and hi wa s.
uate and economical rOVISIon
City of Winter Springs
Ordinance No. 2005-23
Page 3 of 7
Sec. 9-11. Lot Splits. The City Commission may by resolution at a Dublic hearing grant waivers
from the plattine: requirements of this chapter for divisions ofland that constitute a lot split:
a For oses ofthis section the term "lot s lit" 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 s
2 Each lot or tract of land created hereunder shall abut a ublic or a roved rivate street
unless peIlletual cross-access easements already exist on the lot to be split or are determined
not to be necessary: or. if necessary. are provided by seDarate instrument.
(3) The lot split shall in every respect meet the criteria established elsewhere in this chapter
and the City Code for the catee:ory 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. drainae:e 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 Drepared by a duly licensed land survevor
registered in the state. If a lot or tract ofland contains any princiDal or accessorv structures.
a survey showing the structures on the lot or tract of land shall accompany the application.
(2) Upon approval ofthe 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.
unless a lat is
City of Winter Springs
Ordinance No. 2005-23
Page 4 of 7
9-12. Flat! 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
llermit the development ofland 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 arcels that have been created or reconfi ured as a result of condemnation or other
governmental acquisition. subiect to meeting all other applicable development standards:
(b) Lots or parcels that have been created or reconfhmred as a result of vacated public right-
of-wav or railroad rights-of-way:
(c) Lots or parcels created or reconfigured pursuant to court order:
(d) Cemetary lots or parcels and/or interest therein:
(e) Utility stations. including. but not limited to. public well or water tower sites. sewer lift
stations sites. and public stormwater facility sites:
(0 Creation and reconfilfUI"ation of public right-of-way: and
(g) Condominium parcels or units 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 Pronerty.
The City Commission recognizes that the Town Center is subiect 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 ofthe 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 subiect to a9proval bv the
city commission after the initial effective date ofthis section. The development agreement shall 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
City of Winter Springs
Ordinance No. 2005-23
Page 5 of 7
surveyed legal description and proposed development plan of the land that may be divided and any
other terms and conditions deemed necessary by the city commission to permit 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. 9-915-9.25. 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 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 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 ofthe City of Winter Springs, Florida, and pursuant to City Charter.
City of Winter Springs
Ordinance No. 2005-23
Page 6 of 7
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ,2005.
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:
JOHN F. BUSH, Mayor
City of Winter Springs
Ordinance No. 2005-17
Page 7 of 7