HomeMy WebLinkAbout2004 01 26 Public Hearings 404
COMMISSION AGENDA
ITJEM 404
Consent
Information
Public Hearin X
Re ular
January 26,2004
Meeting
MGR. tV /Dept.
REQUEST: The Community Development Department - Planning Division and City
Attorney request the City Commission hold a public hearing for Second Reading of
Ordinance 2004-04, amending Winter Springs Code Section 20-101 & 20-102.
PURPOSE: The purpose of this Agenda Item is to request the Commission hold a
public hearing for 2nd Reading of Ordinance 2004-04, amending Winter Springs Code
Section 20-101 & 20-102.
APPLICABLE LA'" AND PUBLIC POLICY
1. Florida Statute 166.041: (Procedures for adoption of ordinances and resolutions,
including rezoning ordinances.)
2. Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for
adoption of ordinances)
3. Winter Springs. Section 20-101.
4. Winter Springs. Section 20-102.
5. Euclid v. Amber Realtv Co., 272 U.S. 365 (1926) (upholding the constitutionality
of the principles of zoning).
6. Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
May 7, 2003- At the regular meeting ofthe Planning & Zoning Board, the Board unanimously
recommended updating this section of the Code to reflect current mapping
technology and processes.
Dec. 8, 2003- While adopting the Official Zoning Map and Future Land Use Map, the City
Commission authorized revision of the code to reflect current mapping
technology.
@)
January 26, 2004
Public Hearing Item 404
Page 2
FINDINGS:
1. The table of zoning districts in Section 20-101 of the Code is redundant and should be
deleted.
2. Section 20-102 of the Code stipulates that maps shall be prepared and displayed at a
scale of 1 :400. Computer mapping is created at a scale of 1: 1 allowing maps to be
printed to scale at any size. If a city map were to be printed at a scale of 1 :400, it
would be too large for display, at a size of more than 6'x8'. Maps are currently
printed at 36"x48"" which is a dimension able to be plotted by a standard plotter.
3. The current code stipulates, "the official zoning map shall be covered with an acetate
cover suitable for marking with a grease pencil" and "the official zoning map as well
as all working maps shall be amended to reflect the rezoning by placing the
appropriate color on the acetate cover of the official zoning map and by placing the
appropriate color on the appropriate pages of the working maps." This "cut and paste"
method for updating maps was replaced decades ago with the emergence of computer
aided drafting (CAD) and more recently with geographic information systems (GIS)
technology. This technology allows the electronic exchange of data and is more
efficient a.nd more accurate.
4. Section 20-102(g) stipulates certain fees to be collected as part of the rezoning
application; however, Resolution No. 2001-45, revised the City's schedule of filing
fees.
5. Section 20-101 and 20-102 should be amended to reflect current acceptable mapping
procedures and the use of mapping technology.
6. The City Attorney recommends that the current code be updated to provide more
detailed review standards for rezoning applications. Fourteen (14) such standards are
being proposed in the new Section 20-1 02( d). Further the City Attorney also
recommends that a new Section 20-1 02( e) be added to the code that expressly
authorizes more restrictive zoning changes with the property owner's consent.
IMPLEMENTATION SCHEDULE:
Jan. 12,2004- 1 sl Reading of Ordinance 2004-04
Jan. 15,2004- Public Noticing in Orlando Sentinel for 2nd Reading and Adoption
Feb. 9, 2004- 2nd Reading and Adoption of Ordinance 2004-04
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for Second Reading of
Ordinance 2004-04, amending Section 20-101 & 102 of the Winter Springs' Code.
ATTACHMENTS:
A- Excerpts from Minutes of Planning & Zoning Board Meeting, Nov. 11,2003
B- Ordinance 2004-04
COMMISSION ACTION:
January 26, 2004
Public Hearing Item 404
Page 3
ATTACHMENT A
Excerpts from the Minutes of Planning & Zoning Board
Nov. 11,2003
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING
TUESDAY, NOVEMBER 11, 2003 - 5:00 P.M.
2. Community Development Department Requests The Planning And Zoning
Board/Local Planning Agency, Recommend To The City Commission, Revision of
Section 20-102 Of The Winter Springs Code Of Ordinances, To Allow Use Of Current
Technology In Maintaining The Official Maps Of City.
Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department presented Agenda Item.
Discussion.
Board Member Rosanne Karr arrived at 5: 13 p.m.
"I'D LIKE TO MAKE A MOTION TRA T THE PLANNING AND ZONING BOARD
RECOMMEND THAT CITY COMMISSION APPROVE THE UPDATED OFFICIAL
LAND USE MAP AND OFFICIAL ZONING MAP." MOTION BY VICE
CHAIRPERSON KREBS. SECONDED BY BOARD MEMBER POE.
VOTE:
BOARD MEMBERPOE AYE
VICE CHAIRPERSON KREBS AYE
CHAIRMAN BROWN AYE
BOARD MEMBER KARR AYE
BOARD MEMBER VOSKA AYE
MOTION CARRIE]).
January 26, 2004
Public Hearing Item 404
Page 4
ATTACHMENT A
Excerpts from the Minutes of Planning & Zoning Board
Nov. 11,2003
Discussion.
"MR. CHAIR I'D LIKE TO MAKE A MOTION THAT THE PLANNING AND
ZONING BOARD RECOMMEND TO THE CITY COMMISSION, THE REVISION
OF SECTION 20-201 OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCE,
TO ALLOW THE USE OF CURRENT TECHNOLOGY IN MAINTAINING THE
OFFICIAL MAPS FOR THE CITY." MOTION BY BOARD MEMBER POE.
SECONDED BY VICE CHAIRPERSON KREBS.
VOTE:
VICE CHAIRPERSON KREBS AYE
CHAIRMANBRO\VN AYE
BOARD MEMBER KARR AYE
BOARD MEMBER JPOE AYE
BOARD MEMBER VOSKA AYE
MOTION CARRIED.
January 26, 2004
Public Hearing Item 404
Page 5
ATTACHMENT B
ORDINANCE NO. 2004-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING; PROVIDING PROCEDURES
FOR UPDATING AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF WINTER SPRINGS;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DA TE.
WHEREAS, the CityConunission 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 has the police power to establish comprehensive zoning districts
and regulations in order to preserve and protect the public welfare. Euclid I'. All/bier Realty Co.,
272 U.S. 365 (1926); 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], Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Amendments. Sections 20-10 I and 20-102 of the City of Winter
Springs Code are hereby amended as follows (underlined type indicates additions and ,;triLBElut
type indicntes deletions, while asterisks (* 'I' *) 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 languLlge exis1ing prior to Llc\oprion of
this Ordinance):
ARTICLE III. ESTABLISHMENT OF DISTRICTS.
DIVISIONl. GENERALLY
Section 20-lUl. Division of city.
City of Winter Springs
Ordin.lIll'e No. 200J-04
Page I of 7
January 26, 2004
Public Hearing Item 404
Page 6
ATTACHMENT B
In order to classify. regulate and restrict the. uses of land, wnter, buildings and structures, and to
regulate and to restrict the height and bulk of buildings and to regulate the area of yards and
other open spaces about buildings, the corporate areas of the city is divided into districts as
provided in this Article 111+;.
D.:s!:o.wOgt
:11:::. >.i:tc ,1n.'U
J:f,jJ:. 8ftt.: lFi..~#J
:l't:J:. .'~irjJ1~ :1:0['a
R U Rural urban dwell in,;
R 1:\:\:\ Si nek rand y ("''it Hi n;;
R C I Sinfle fumily dwelli n;;
"'R 1 /\,,\ One fomil)' dwelling
:kp~ 1:\ ()n0 f:unily d'..,0Jlin;
'~R lOne famil)' c1wdlin,;
R :3 :vlultiple family dwellin;
C I ;-!ei6hBf.1rhood eOllll11en:inl
C :2 General commercinl und industrial
T 1 One fRmily ~rniler 7.700 :'l'j. ft. 70 fL
R T ~.10bile home pn:1; 'LOOO ::q. ft. 50 ft.
"The minilllHl11 101 r12lllh ~;11H1I1l1J1 he Ie~;:; LhulllJl12 hUIltlr2d lell (110) reel rill' .:ill;le t'CIInil:; ri':'idt:!l1lilllliJl::.
I nere
150 fL
10,000 :.;q. ft.
~' ,000 :'l'j. ft.
6,600 ::q. fl.
:20,000 ~q. ft.
90 fL
75 ft.
60 fL
I 00 ft.
1,500 sq. ft.
I, I gO :'~. ft.
700 ,:q. ft.
Scdion 20-102. Offidal Zonin!! Mal). WOl'kirll.! MaDS and Pl'ol~cdl1l'cs.
(n) Offidal zoning llIap adoption.
The city is hereby divided into zones, or districts, as shown on the otTicial zoning map, which.
together with all explanatory material thereon, is hereby adopted by reference and declared to be
a part of this chapter. A copy of t+he official zoning map shall ~ be available for ~ public
inspection ~ in the city hall and shall be the final authority as to current zoning slaWS of
lands, buildings and other structures in the city. The officifll zoning mop ::"'011 be identit1ed by
the signature of the n~ayor and tlw atte;;latiol1 by the city clerk, b@arin;; the ~'@~1I of the city
upponrinf kinder the follf:JwiRt; in:;eriptitl\l:
"Thi;: i:: to cel'tify th:tt thi:' is the Zonin; M:lp r.-Jferred to in ;'Gction :20 10'" of the Code of
Ordinullces of th<: City of'Nillter 8priIl6::' Floridu:'
(b) Offidal zoning map description.
The otlicial zoning map shall consist of an electronic color-coded Illap of the emire city, with a
senle Elf I :'If)Q, And ;;hnll Be (w':ered '/:ith un lIezlllte eo'.'er ;:uituble for rnllrkin; with R ;;ren~;e
~. Each individual color on the official zoning map shall represent a separate and distinct
zoning classification.
(c) Official zoning map update and annllal approval.
The community development c1epartment- planning division shall oversee the maintenance of the
official zoning: map. It shall be the division's dutv and responsibilitv to keep the zoning map 1IJ)-
City ofWinlcr Springs
Ordinance No. 2004-04
Page 2 or?
January 26,2004
Public Hearing Item 404
Page 7
ATTACHMENT B
to-date. MaDs shall be updated wirhin ten (10) days following the adontion by the city
commission of an ordinance rezoning real property. In addition. the ulx!ate shall include adding
to the map's database.;) reference to the ordinance adopting the rezonin~.
A copy of t+he official zoning IlWP shall be presenred annually to rhe Dlanning and zonim.! board
for review. During the review. the board shall review the map for accuracv and situations where
an administrative rezoning may be appropriare. Upon conmletion of the review. the planning
and zoning board shall issue a report 1'0 the city cOlllmission pointing out any inacc.uracies in the
map and any properties which may be considered for an administrative rezoning. The city
commission shall review the plannin!! and zoning board's report and nlakt~ such decisions rhat
are necessary to update rhe city's official zoning map. updllredillll pennuncnt f,,:;hion ee\l::h yellr
by elH~n;iJXl; the color of the reZ12Hled uren Rntl by plnein;. thefZ0n All iclenrifiention Illllllber plneed
on 1'1 sheer of pllper to be permnnently llffi~;ed in the lower ri;;ht hnnd corner of the offieiAI
zonin,; map.E@::-id@ th: idltntif:;in,; number shall be plac",d th", ordinance numb@r rec;ultiBS in the
rezoniR6, (Ifld the dnt~: of it::; ocloption. The UpdtHOcl zOrling mnp c;hnll b0 uppro\'ecl by the
plaflnin,; unci zOflill,f; bl')arcl by MaJ' 31 of oueh yenr unci shall be J:lrz:;enEecl to the eity eoml11i:~sion
fer thzir npprkl".'l1) ni the fir.:! re;ulnrJy .,:ehecluled Ineerin; eueh yeAr ther2nfter.
~ Worldlll; zoning f:~
In addition to rho offieiol zoniAg IHllp, there shAll bo one (I) or more worUn; zElI1ing I1lAP:: \':hieh
ShAll eontnin ;dI eounty He: FlHlpS \":it.h a :':enJz of 1: ~100., Rnd ',\'hieh :'h:llJ :::110":,' the 0Rtina nnan of
tll\) city rhrough the u:;e of the color code ndopted for thz officii'll zoning mnp.
W Llpdating display :HHI werking maps.
The eity pl(\Jmer, ell' it th~r~ i::' no eirj' plnflner then 5~I€h Bthar iHcli"idlluls II:: nHtj' 131'1 e1e:'i,;nuted tEl
perform such dutie:; by the city eommi:;sion, ;:hull muintuin the offieiul us "\',:,11 A.: the workin;;
zoning mHp~. It shall be ~'uch p@r:'on's dury :lHd 1',:sp0nsibilirie~ to I~eep all zoning Inaps up to
dntz Arid to preSORt the zOlling map:; fCll' appro':nl by the planning alld zonin,; bonnl and the eity
e01l11nL;sioll within ten (10) dny:; :~Ub::<:qllent to nn ordinnnee rezoning ren! pn)perty by rhe city
eotlll1,i2Sioll. The officinl zonin.; ll1np L1~~ .::ell n.:: all \":or]:il~; nl~.lp:' :~ha]] be nrnendzd to rztlzet
the rezoninJ; by plnein;;; tAe npproprintz eolur Of! t.he ueellltz ec...er Elf the oHieiul ;:onin,;: rnnp nnd
by pbcin~ l}le AJ3J'lropriate celor on the :tf'prGprinte pa2e~ of the .,.:orl;jn~ mapc;. In addition. the
ordinal1ee number and dute of it:; udoption :;l1nll be plneed on the mnps.
if} Proredures for rezoning dliHll,;eS nff'edillg offifilll zoning map.
In ncc0rdans.: with the pro"isions of thi::- ordiRHllce and F.~. J 66.011 and I 6~.3 I g 1(3) a~ rhey :1J'e
lWW 0;~din& or u:; they 1ll11)' Be renullIBu<:d or nmeRded. if ehull.;e:; nre mllcle in di::triet
bOllndnrie:; or other IlHlller:; portTflyed on th.:: offieilll wniR!; lllUp, ;;ueh ehAIl2e:: ::hnlll:Jz made tln
the sftieinl ;:snin,; mop pursul1nt to t1~B 13r@eedlll'i2s e0lltnin.:!s in this ehapt.:!r. Any ullauthorized
change to the city's official zOllilH.! map of whatever kind by any person or persons shall be
considered a violation of this chapter ancl punishable under Section J -15 of the citv code.
City or Winler Springs
Ordinanc(~ No. 2004..04
Page 3 or 7
January 26, 2004
Public Hearing Item 404
Page 8
ATTACHMENT B
Seetion 21} 102(1;:). Erfl!~:t of "'acating of ~trl!l!t, alley 1,11' 9ther ~uhlk way.
Whenever an)' street. aile)' or other public way is vElcnted b)' official nction of the cit)'
commission, tHe lonin; dictrictc Bcijoinin;; each ~:id@ HI' cllch street, ailE)' or public ',':a)' ~:hall be
flutolllutielllly tmtended to the center of ~;llch vucfltillll and nil the llrell included in the \'nentioH
~:hull be :;uL,jctJt to 1111 tilL) t'lflproprinh" rZ:;;t:1ll1tions of the e:ittmded tli,;triel.
(h!!) V olnntary r.B.czoning applklltion; l>roccdlll'l~S; standards of n~vicw.
Anv partv mav request consideration for rezoning bv submittin!I a completed Rezoninl;
App]ication to the Communitv Development Deparlment- Planning Division. along with the
items recluircd to be supplied at time of ,11JJ)lication, including pavment of any associated fees as
established bv resolution or ordinance of the city commission. Elloh (lpplicnnt fer rzzonin;; ~;hnll
cubmit an application on a form appro'.'€d by t1w city to tl~@ city cieri:, Each applicltion mu~,t bt'l
aCCElmplHlicd b)' n county tnn map with n scnle of I: 100, which hilS e1enrl)' mnrked thereon the
(Iron 10 be con::idered for rezoflinE, (I]on; with n fee to co...",r the eo~;t:: of ud...crti::inE tlM pl:lblie
hearin.; on the 0rdinnnee t3f the re~i:~t@rt2d 111A.i.l notiGe~' 11S the ense Inn)' be llnd in ndcliriul1 to.. a
fifty dollur f~e to elJ\'zr the !zEnl eo:;I:; to the eity elf przpnrifl5 the ordinnnee or :;ueh nclditionnl
]@gal eos(~; as may 013 @ncumb@red by t.he city, to rezone the property. After the application is
submitted, the planning and zoning board shall review the application at its next regularly
scheduled meeting and shall forward its recommendations to the city commission. Subsequel1l to
receiving the recommendations of the plannilH! and zonin2 board. ~ the city commission
rzceive:; the recommendlltion of tHe planning und zonin.; bonrd, , it shall determine whether it
will c<3nsicler a chan6"? of zonins and if it ~'h:lIl \wnsider a ('han.:;e of lunin;, the ccnnmi:;sion shall
dirzct the ICity uttum!::)' to prepnre (In ordinnnoe to rezone the ::ul)ject propelty und ud\'erti:;e the
snme for public 110f\rin~~ approve. npprove with cundit.ions. or deny the rezoning npplication, All
rezonin2 applications shall be reviewed ti)r eomJ)liance with the followinl! standards:
(I) The proposed rezoning chan!!e is in compliance with all procedural requirements
established bv the city code and law:
(2) The proposed rezoninl! change is consistent with the city's compre.hensive plan
incllldin~, but not limited to, the Future. Land Use. M:m and the proposed change.
would not have an adverse effect on the comprehensive plan:
(3) The proposed rezoninl! chan!!e is consistent wilh any master plan applicable to the
pnmcrlV ~
(4) The proposed rezoning change is not contrary to the land use pattern established
by the citv's cOIl1J)rehensive plan:
(5) The proposed rezoning chat1!:!e would not create a spot zone prohibited bv law:
(6) The proposed rezoning change would not: materially alter the population density
pattern in a manner that would overtax the load on pub]it: facilities and services
City of Winler Springs
Ordinance. No. 2004-04
Page 4 01' 7
January 26, 2004
Public Hearing Item 404
Page 9
ATTACHMENTB
such as schools. utilities. streets. and other municipal services and infrastructure:
(7) The proposed rezoning would not result in existing zoning district boundaries that
are iIIogicallv drawn in relation to exist.ine conditions on the propel1\' and the
surrounding area and the land use partei'll established bv the city's cOlllprehensive
plan:
(8) Chan!!ecl or chan!!ing conditions make the proposed rezoning necessarv:
(9) The proposed rezoning change will not seriously reduc(~ light or air to adiacent
areas~
(10) Should the citv be presented with competent substantial evidence indicating that
lli:Q.m:rty values will be adverselv affected by the proposed rezoning. the applicant
must demonstrate that the proposed rezoning chanee will not adverselv affect
property values in the surroundinl! area:
(J I) The prooosed rezoning will not be a substantial detriment to the future
improvellK.nl or development of vacant adjacent property:
(12) The proposed rezoning will not constitute a grant of special I)rivilege. to an
individual owner as contrasted with the public welfare:
(13) The proposed rezoning change is not out of scale or incompatible with the nee cis
of the ne,i ghborhood or the. citv:
(J 4) TheI2[Qj)osed rezoniiw: does not violate anv :lImlicable land use regulations
adopted by the citv.
(c) Provisions for rcstrktivc rczonings.
In aPlJro\'inu a dwnge in the zonini! classification on a lor or parcel of land. at the re(Juest of or
with the concurrence of the owner of said lot or parcel. the citv commission ma\' approve a
rezoning subject to rest.rictions provided such restrictions do not confer any special privileee
upon the owner or subiect property that would otherwise bt~ denied by the city's land
development rel!ulations in rhe same zoning district. Such restrictions may include one or more
of the. following:
(I) Use n~s[ricl'ions greater than [hose otherwise specified for that particular district:
(2') Densitv restrictions Qreater than those otherwise soecifiecl for the particular
distri(!;.
(3) Setbacks Qreater than those otherwise specified for the particulnr district.
includin!; setbacks from lakes and major arterial roadways:
City of Winler Springs
Ordinance No, 2004-04
Page 5 01'7
January 26, 2004
Public Hearing Item 404
Page 10
ATTACHMENT B
(4) Heil!ht limit~ more restrictive. than otherwise permillec\ in the district:
(5) Minimull1 lot areas or rnininlllll1 widths greater than otherwise specified for the
particular district:
(6) Minimum floor area !!reater than otherwise specified for structures in the
J)[lIticular district:
(7) Open space requirements Qreater than otherwise required for propertv in the
part.ieul ill' district:
(8) Parkin!.!. loac\in!! drivew:l\' or traffic requirements rnore restrictive than othelwise
required for the particular district:
(9) Fencing or screenin~ requirements greater than otherwise required for the
J):1Iticular district:
(10) Restrictions on :lOy other matters which the city commission is authorized to
re!!ulate..
Upon approval of such restTictive rezonin!.!s. the plannin!.! division shall enter a reference to the
restrictions on the city's official zonin!! map. and a notice of zonin!! restrictions shall be recorded
in the public records of Seminole County. Restrictions shall run with the land_ without re!.!ard to
transfer of ownership or other interests. and may be removed only upon further amendment to
the zonin!.! classification of the subiect property in accordance with the procedures prescribed
herein.
Sedion 3. Repeal of Prior Inconsistent Ol'dinal1l~es and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances
and resolutions in connict herewith, are hereby repealed to the extenr of the conflict.
Section 4. Incorpl.lration Intl.l Code. This Ordinance shall be incorporated into the
V.linter Springs City Code and any section or paragraph number or letter and allY heading may be
changed or modified as necessary 10 eITectuate (he foregoing.
Sedion 5. Severnbility. 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, dist.inct and independent provision, and such holding shall not affect.
the validity of the remaining pOltions of this Ordinan(.'e.
Scd.ion 6. Effedive Date. This Ordinance shall becollle effective immediately
upon adoption by the City COlnmission of the City of Winter Springs, Florida and as provided by
the City Charter.
City of Winll~r Springs
Ordinance No. 2004-04
Page 6 of 7
January 26, 2004
Public Hearing Item 404
Page II
ATTACHMENT B
ADOPTED by the City COllnnission of the City of Winter Springs. Florida, in a regular
meeting assembled 011. rhe _ day of ,2004.
ATTEST:
.JOHN F. BUSH, Mayor
ANDREA LORENZO-LUACES, City Clcrk
Approved as to legal fornl and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City AttorJIcy
First Reading:
Second Reading:
Effective Date:
CilY nfWinler Springs
Ordinance No. 2004-04
Page 7 of 7