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HomeMy WebLinkAbout2004 11 22 Public Hearings 403 CITY COMMISSION AGENDA ITEM 403 Consent Information Public Hearin Re ular MGR. ~ IDEPT ;# . Authorization x November 22,2004 Meeting REQUEST: The Community Development Department - Planning Division, and City Attorney requests that the City Commission hold a Public Hearing for First Reading to consider amending Chapter 20, Zoning, of the Code of Ordinances, as it relates to rezoning, variances, conditional uses, waivers, and administrative appeals. PURPOSE: To request that the City Commission consider revisions to and additional application and procedural requirements for rezoning variances, conditional uses, and administrative appeals. This ordinance also establishes an allowance for a waiver provision for certain land development regulations where the intent of the City's comprehensive plan and zoning code is met. 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. 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 20. Zonin!:! Euclid v. Amber Realtv Co., 272 U.S. 365 (1926) (upholdin!:! the constitutionalitv of the principles of zonin!:!). CHRONOLOGY: Oct. 28, 2004- Public Noticing in Orlando Sentinel of LP A Public Hearing Nov. 3, 2004- P & Z Board (LP A) made recommendation of approval @) November 22, 2004 Public Hearing Item 403 CONSIDERA TIONS: . There are currently no uniform application criteria for rezonings, variances, conditional uses, waivers, and administrative appeals, depicted in the City of Winter Springs Code of Ordinances. . The City Code does not currently entertain a waver provision for conditional use permits. . The amended code would relegate BOA decision-making authority regarding variances, conditional uses, waivers, and administrative appeals, to written recommendation status, submitted to the City Commission for final determination. . Amended code eliminates seven (7) day waiting period for BOA and LP A written recommendations, introducing "reasonable period of time" to be determined by City Commission. FINDINGS: . The request is in keeping with the intent ofthe 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. P & Z I LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board! Local Planning Agency on November 3, 2004, the Board held a Public Hearing and recommended "Approval" to the Commission with the stipulation that clarification be added to the ordinance language to ensure that an applicant understands that no variances are granted to permited uses. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2004-49, a Code Amendment streamlining and simplifying the current application process and general procedure relevant to rezoning variances, conditional uses, and administrative appeals and establishing an allowance for a waiver provision for certain land development regulations where the intent ofthe City's comprehensive plan and zoning code is met. IMPLEMENTATION SCHEDULE: Nov. 22, 2004- I st Reading of Ordinance 2004-49 Dec. 2, 2004- Public Noticing in the Orlando Sentinel Dec. 13,2004- 2nd Reading/Adoption of Ordinance 2004-49 ATTACHMENTS: A. Ordinance 2004-49 B. P&Z/Local Planning Agency Draft Unapproved Minutes, Nov. 3,2004 COMMISSION ACTION: Page 2 November 22, 2004 Public Hearing Item 403 ATTACHMENT A Ordinance 2004-49 Page 3 DRAFT -10/22/04 ORDINANCE NO. 2004-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES, PROVIDING FOR REVISED AND ADDITIONAL APPLICA TION AND PROCEDURAL REQUIREMENTS FOR REZONING, VARIANCES, CONDITIONAL USES, WAIVERS, AND ADMINISTRATIVE APPEALS; PROVIDING THE CITY COMMISSION AUTHORITY TO REVIEW DECISIONS OF THE BOARD OF ADJUSTMENT WITH REGARD TO ANY APPLICA TION FOR REZONING, VARIANCE, CONDITIONAL USE, WAIVER, AND ADMINISTRATIVE APPEAL; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article vm, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 163, Florida Statutes, requires the City of Winter Springs to adopt, amend, and enforce land development regulations that are consistent with and implement its adopted comprehensive plan; 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 v. Ambler Realty Co., 272 U.S. 365 (1926); and WHEREAS, the City Commission desires to provide design flexibility in new development and redevelopment within the City; and WHEREAS, the City Commission has determined it to be advantageous, under certain defined conditions, to allow for the waiver of certain land development regulations where the intent of the City's comprehensive plan and zoning code is met and the project will be significantly enhanced from the minimum requirements of the City Code; and WHEREAS, the City desires to streamline and simplify the current application process and general procedure relevant to land use decisions; and City of Winter Springs Ordinance No. 2004-49 Page I of 17 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning, is hereby amended as follows: (underlined type indicates additions and 5t!ikcout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 20, Zoning. It is intended that the text in Chapter 20, Zoning, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 20. ZONING *** ARTICLE II. ADMINISTRATION DIVISION 1. GENERALL"l PROCEDURE: LAND USE DECISIONS Sec. 20-26. Intent and purpose. The intent and purpose of this division is to set forth the procedure for applying for variances. conditional uses. rezonings. waivers. and administrative appeals as set forth in this chapter. Sec. 20-27. Action of the city City commission: authority. Unless otherwise provided in this chapter. the city commission shall render all final decisions regarding rezonings. variances. conditional uses. waivers. and administrative appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved rezoning. variance. conditional use. waiver or administrative appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria set forth in this chapter. The city commission may adopt. by resolution. quasi-iudicial rules and procedures to implement this division. Action of tIle. city cOJl1l11i55ion 5hall be by Of dinahcc duly pa55ed ahd 5hall bc ~Pl cad upon the Illihute5 of tIle. city. City of Winter Springs Ordinance No. 2004-49 Page 2 of 17 Sec. 20-28. Actions to alteI, etc. Due process. All applicants shall be afforded minimal due process as required by law. including the right to receive notice. be heard. present evidence. cross-examine witnesses. and be represented by a duly authorized representative. (a) All applications for re.zollillg withill tlK dry shall be. ple.se.nte.d to tllG plannillg and lOllillg bOa1d rol their cOllside.iatioll and ICCOll1lhc.ndation to the. dty cOlllIuission. AffiIll1ati ve. action by tile city commission upon any rezoning application shall Iequire a public he.a1ing by the city commission. TIle public he.a1ing befoIe tile city commission shall be. advCit1scd accOIding to the pIoce.dmes set faIth in P.S. ch. 163 and P.S. ch. 166, as thc.y now e.xist or as they may be. Ie.nunlbeie.d 01 anlcnded. (b) The. city conl1n:ission is cluthoIized to pIocced without the ICCOlhl1le.ndations of tile. planning and zoning bOa1d ~f such ICcolllHlendat1ons ate. 1I0t fa! wchde.d to the. e.itj COu1.111~SS~on w~tllill s'-v(,i1 (7) days floui tlte. dat,- of the planlling and lOil~ng bO<l1d ule.a~lig. (c) Tile. city conhuissioh shall act 011 a rcqucst fal Ie.ZOllillg witll~n s~x (6) nlonths of I ccc.ipt of an appl~e.at~oh by tIle planllillg alid zOu~i1g bOill d floul tile. pi opel ty ow II'-!' If the. applicant ie.qUe.sts a dday in the i'-ZOllillg pioce.dt11e.s, ailY such dday tllat will hot pellhit COhUhission act~oli, aftc.i due. publ~c uot!", w ~thill tIle. s;X-lhouth pCI iod oftilue, sllall ie.sult in the. application bccOIlling null and void. Sec. 20-29. Applications. ill. The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this division. At a minimum. all applications for rezonings. variances. conditional uses. waivers. and administrative appeals shall contain the following information: ill A general description of the relief sought under this division. ill A brief explanation as to why the application satisfies the relevant criteria set forth in this division. m The name(s) of the owner(s) of the particular real property. ~ If the applicant is other than all of the owners of the particular property. written consent si gned by all owners of the particular real property shall be attached. ffi The legal description of the particular real property. accompanied bva City of Winter Springs Ordinance No. 2004-49 Page 3 of 17 certified surveyor that portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the particular real property. fQl The current and future land use and the zoning designations on the real property. Sec. 20-30. Staff review. U!L The city staff shall be required to review all applications for rezonings. variances. conditional uses. waivers. and administrative appeals. and make written recommendations to the applicable city board and the city commission. .au.. Upon completion of the written recommendation. city staff shall forward the application. along with the recommendation. to either the planning and zoning board or the board of adiustment. as required by this division. for a duly noticed public hearing. Sec. 20-31. Rezonines. U!L Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. ilil. The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. ~ Upon receipt of the planning and zoning board's recommendation. the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time. the city commission may. at its discretion. consider an application without the planning and zoning board's recommendation. @. All rezoning recommendations and final decisions shall be based on the following criteria to the extent applicable: ill Whether the applicant has satisfied all procedural requirements provided bylaw. ill Whether the proposed change is consistent with the city's comprehensi ve plan. Ql. Whether the proposed change is contrary to. or incompatible with. the City of Winter Springs Ordinance No. 2004-49 Page 4 of 17 established land use pattern. ffi Whether the proposed change would create an isolated district unrelated to adjacent and nearby districts. ~ Whether the proposed change would materially alter the oopulation density pattern and thereby increase or overtax the load on public facilities such as schools. utilities. streets. access. etc. (Ql. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ill Whether the proposed change would be contrary to any applicable land use plan adopted by the city and would have an adverse effect on the comprehensive plan. !ID. Whether changed or changing conditions make the passage of the proposed amendment necessary. (2l Whether the proposed change will adversely influence living conditions in the surrounding neighborhood. .Q.Ql Whether the oroposed change will create or excessively increase traffic congestion or otherwise affect public safety. il!l. Whether the proposed change will create or exacerbate a drainage problem. 11.2l Whether the proposed change will seriously reduce light and air to adiacent areas. illl.. Whether the proposed change will adversely affect property values in the adiacent areas. @. Whether the proposed change will be a deterrent to the improvement or development of adiacent property in accord with existing regulations. fUl Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. !.l.Qt Whether there are substantial reasons why the property cannot be used in accord with existing zoning. City of Winter Springs Ordinance No. 2004-49 Page 5 of 17 il1.L Whether the proposed change is out of scale with the economic and market needs of the city. llli Whether it is impossible to find other adequate sites in the city for the proposed use in districts alreadv permitting such use. il2l Whether maintaining the current zoning classification accomplishes a legitimate public puq>ose. Sec. 20-32. Variances. 1& Any real property owner may file a variance application requesting variance from this chapter for their real property. !.Ill. The board of adiustment shall be required to review all variance applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section. (tl Upon receipt of the board of adiustment' s recommendation. the city commission shall make a final decision on the application. If the city commission determines that the board of adiustment has not made a recommendation on an application within a reasonable period of time. the city commission may. at its discretion. consider an application without the board of adiustment' s recommendation. @. All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion: ill That special conditions and circumstances exist which are peculiar to the land. structure or building involved and which are not applicable to other lands. buildings or structures in the same zoning district. ill That literal intel}lretation ofthis chapter would deprive the applicant of rights commonly enioyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. ill That the special conditions and circumstances referred to in subsection (d)(1) of this section do not result from the actions of the applicant. m That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands. buildings. or structures City of Winter Springs Ordinance No. 2004-49 Page 6 of 17 in the same zoning district. ffi That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land. building or structure. fQl That approval of the variance will be in harmony with the general intent and pur:pose of this chapter. and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Sec. 20-33. Conditional uses. Uti.. Any real property owner may file a conditional use application requesting a conditional use of their real property. .au. The board of adjustment shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. @ Upon receipt of the board of adjustment's recommendation. the city commission shall make a final decision on the application. If the city commission determines that the board of adjustment has not made a recommendation on an application within a reasonable period of time. the city commission may. at its discretion. consider an application without the board of adiustment's recommendation. @. All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: ill. Whether the applicant has demonstrated the conditional use. including its proposed scale and intensity. traffic-generating characteristics. and offsite impacts. is compatible and harmonious with adiacent land uses. and will not adversely impact land use activities in the immediate vicinity. m Whether the applicant has demonstrated the size and shape of the site. the proposed access and internal circulation. and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening. buffers. landscaping. open space. off-street parking. and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. City of Winter Springs Ordinance No. 2004-49 Page 7 of 17 ill Whether the proposed use will have an adverse impact on the local economy. including governmental fiscal impact. employment. and property values. ffi Whether the proposed use will have an adverse impact on the natural environment. including air. water. and noise pollution. vegetation and wildlife. open space. noxious and desirable vegetation. and flood hazards. ~ Whether the proposed use will have an adverse impact on historic. scenic. and cultural resources. including views and vistas. and loss or degradation of cultural and historic resources. @. Whether the proposed use will have an adverse impact on public services. including water. sewer. surface water management. police. fire. parks and recreation. streets. public transportation. mariana and waterways. and bicycle and pedestrian facilities. ill Whether the proposed use will have an adverse impact on housing and social conditions. including variety of housing unit types and prices. and neighborhood quality. Sec. 20-34. Waivers. !ill.. Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter if the property owner clearly demonstrates that the applicable term or condition creates an illogical. impossible. impractical. or patently unreasonable result. iliL The board of adiustment shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the apolicable conditional use criteria set forth in this section. fa Upon receipt of the board of adiustment' s recommendation. the city commission shall make a final decision on the application. If the city commission determines that the board of adiustment has not made a recommendation on an application within a reasonable period oftime. the city commission may. at its discretion. consider an application without the board of adiustment's recommendation. fill... In addition to the standard set forth in paragraph (a) above. all waiver recommendations and final decisions shall also comply with the following criteria: City of Winter Springs Ordinance No. 2004-49 Page 8 of 17 ill The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. ill The proposed development plan will significantly enhance the real property. ill The proposed development plan serves the public health. safety. and welfare. ID The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. ~ The waiver granted is the minimum waiver that will eliminate or reduce the illogical. impossible. impractical. or patently unreasonable result caused by the applicable term or condition under this chapter. (Ql The proposed development plan is compatible with the surrounding nei ghborhood. Sec. 20-35. Administrative appeals. @l. Any final administrative decision regarding the enforcement or interpretation of this chapter. where it is alleged there is an error by an administrative official. can be appealed as set forth in this section. .all. The board of adiustment shall be required to review all administrative appeals and make a recommendation to the city commission. {fl Upon receipt of the board of adiustment' s recommendation. the city commission shall make a final decision on the administrative appeal. If the city commission determines that the board of adjustment has not made a recommendation on an administrative appeal within a reasonable period of time. the city commission may. at its discretion. consider an application without the board of adiustment's recommendation. (Ql Review of administrative decisions shall be based on the following criteria: ill Whether the applicant was properly afforded procedural due process: at Whether the decision under review is supported by competent. substantial evidence: and ill Whether the decision under review complied with applicable law. including a proper inter:pretation of any provision under this Chapter. City of Winter Springs Ordinance No. 2004-49 Page 9 of 17 & The city commission shall have the right to reverse or affirm. wholly or in part. or may modify the order. requirement. decision or determination as ought to be made. and to that end. shall have all the powers of the officers from whom the appeal is taken. *** DIVISION 3. BOARD OF ADJUSTMENT *** Sec. 20-82. Duties and powers; general. The. bo.nd of adjustme.llt shall make. Ie.commcndatiolls to the dty COn111USSIOll to giant .thY valiallCe. 01 spe.c;al e.xception as dc.line.ated ;n this chapu~i. ~tt1 The board of adjustment shall have the additiohal following specific powers and duties: ilia-: To hear and make recommendations on appeals only where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted. as provided in this chapter. illb: To review and make recommendations to the city commission on any application for variance. as provided in this chapter. To heat and nlm recommc.ndations to the. city conuhis~~on on spe.cial exceptions as authotized under the teBllS of the. city's zoning ordinances, to make Iccomme.ndationii to the city conunisiiion 011 such questions as arc. in vol vc.d ill dacnililling when special exc.eptionii iihould be. g1<thtcd, <1JId to make. Ice.Othme.ndatiolls to tile. city comnusiiion on spe.e.ial e.xe.e.ptiOll.ii w;th appiopriate conditions alId safe.gualds, 01 to Ie.commc.nd dGII~~1 of &pee;~l GXGe.ptioh5 w 1.e.1o hot inl.a! 1110ny wid. d.e. pm pose. ahd intent of tI.e Z;OII~ll.g I egulations. In 01 al.tih~ ally spe.cial eAce.ption w ;th appIopl iate. conditiohS aud safcgualds, violation of such cOhditiohS and safugualds, when mad" a palt of the. KuliS undeI w l.ie.h the special e.xce.ption is gl anle.d, shall he dee.hlCd a v iolatiol1 of this d.apte.l. The. hOal d of adj ustme.Jlt may ICc.omhlel1d a leasol1abk ti111'- liluit W;th;h whid. tI.e. action fOI which tl.e. special exception i~ lcquiiC,d sl.all be begun 01 cOlt'lpktcd, 01 both. The. boatd of adjustment may Icconduwd thc gIahting of special cxccptiohs w hc..ll tile applic.ant is see.k:ing a nunol de v iatioh fl 0111 zOllihg I e.quil c..lhc.ntS 50 long as tile glallting of such special "xception docs not cause a d.angc.. of chalactei in tile neigllbolhood, docs not constitute. a iczonillg of thc propeIty ill qUc..stiOll 01 docs not eleate a hatdship fOI all)! of tile adjacent ploperty. The boatd of adjustment City of Winter Springs Ordinance No. 2004-49 Page 10 of 17 Illay also leeonullehd tile glantihg of special exceptions witllin C-l ncighboIllood cOlhlhelcial distIicts wlleh thG appliea"t has not sougllt a use. listed ih section 20-232, wheh tile use sought will not cause all undue hardship to tile Mca ofthe eit), will not eleate. a hazard 01 thleat to tile lle.alth, safety and welfare. of the. community, will geherally conlply with the charaeter of tIle. hcighbOlhood and when the use is in harnlony with tile. intc.nt of the zoning Oldinahce.s of the. city. rue-: To review and make recommendations to the city commission on any application for conditional use. as provided in this chapter. To rceomme.nd upon appe.al such vatianee non. the teBus of this ChaptcI as will not be. conhary to the. public il1tCle.st w he.l e., owing to spe.dal conditions, a lite.Ial c.nfoIec.nle.nt of thG plO v isions of tl.is d.apte.l w ~11lG5nlt ~.l t111iIeCGSSal)' and undue hardship. 11 OldGI to Jccolluuend any valiance. non} the teBhs of this ehapte.l, tl.G board of adjush.le.nt must alld sl.all fihd. I. That spe.c~al conditions and C~lcUl1l5taiICG5 GX~5t wl.~ch ellG pec.ul~ell to tllG laiId, 5t. dctme o. buildihg in vol vcd .u\d wh~d. ale hot applicable to otl.el lahds, st. uctlli G5 O. bliad~llg5 ~ll the SalllG zoning d~stt ~ct, 2. Tllat tile. special conditions and G~ICulhstalICes do hot result flOlh thc actions of the applicant, J. That glanting thG valia"cG lcquested will not contel on the applicaht any special pIi v ilege that is denied by tIllS chaptel to otheI lands, buildings OJ stIuettnes in the same zoning district, 4. That litcIal intelpJctation of the plovisiolls of this ehaptel would dGpJi vG the. applicallt of righ~ Gommonly cnjo}cd by Othe.l pIope.lties in the sanle. zoning dishiet unde.l the. tc.llUS of this d.aptcl and would wOIk unllece.ssMY l.aldsh:ip 011 tI.e applicant, 5. That the v.uianee. glaiIted is the mihil11UllI val~a"ce. tl.at willlllaloc possible. the.te.asonable use of the land, buildihg Ot sbuctme, 6. That tile. giant of the Vell~aIlGG will be. in Ilarl110ny w~tl. the. ge.he.lal illtent a"d pthp05C ohhis d.aptGJ, will not be ihjmious to tile nG~ghbo.hood, 01 otl.el wise dehin.cntal to tile. public wdfarf,. {1L To review and make recommendations to the city commission on any application for waiver. as provided in this chapter. City of Winter Springs Ordinance No. 2004-49 Page II of 17 illd:- To hear and make recommendations on such other matters and issues and give such guidance as may be required by law or requested of it by the city commission. (2) In 1 ccomll'\ehding tl,e g! anting of any variahce, t],c, boal d of adjnStllIcnt Inay rcco!lImend appl Opl iate conditions and safcgnM ds. ViolatiolIs of snch conditions M,d safcgn.u ds, w he.n made. a pM t of the tellns nndei w hiGh the v M i.ulce is g! Mlted, shall be. deen,ed a violation of this chapteI. The bOaId of adjnstment may !ecol11mend a ie.asonable tin,e.limit within whicl, the action fol which the. valiance. is Ie.qnile.d shall be. be.gnu 01 completed, 01 both. (3) UndcI hO e.~1e.umstance.s sl,all tl,e bo.ud of adjnSt:I'lc.nt Ie.commend thG glalIting of a valiancG to pe.1l1l.it a use. uot gGI,e.!all} 01 by spe.cial exception pellllitted in the. LOiling d;stIict illVol ve.d, 01 allY use. e.xple.ssly 01 by illIplie.atioh plol,;b;ocd by thG tGi ,lIS of tl,~s chaptel in the Loning distJ iGt. No nOnGOnfai ill~ug U1.e. of I1G~ghbo, ~ug lands, 51. tlcttlles 01 buildings ih the. Mill(. z.onihg classifiGatiou OJ dish ;Gt, aJ1d hO PGlluitted use of lands, St1UGttlle.S 01 build;ngs in Ot),e.1 z.onihg classifie.atiou5 01 disb.~cts shall be. cOhsideiGd glouuds fo, tl,e. authol~z.at~oll of a Va..~allce. ililt41 The board of adjustment may recommend such rules of procedure as are necessary and not in conflict with the provisions of the Code of Ordinances of the city, or those statutes of the state which are specifically applicable to municipalities. (5) In exercising its powers, the boardofa4justmentmay, uponappea) and in conformity with provisions of this cha1rter, recommend ~~ or affi:rmi:ng, whoM} or partly. or may ~ommend ~ the OI'dcr. l'CQ~mcnt, dc.cision or de.~rmination as oUJdrt to be made. and to that end shaH hale. all the. powers of the officers from 'Whom the appeal is taken. A ma;jom, lOte of all members ofthc board shaH be. nccGSS8IY to recommend lClersal of any order, requirement, dCGision or d~~1:[nination of an} such A.ih,i1.istratilG official. or to r~ommend deciding in falor of the applicant on any matter upon which the board is required to pass 1:U1der these regulations. Sec. 20-83. PI oc.edtll eSt Reserved. (a) UpOh !cccipt, ~u p,opeJ fUllH and with applop,iate. fGe.s, all application fa! a v.uia.i(.e., special exceptioh 01 conditiollai use. AS deliileated ih tl,is ehapocJ, tI,e boald of a.djustluent shall schedule such appliGation fOI cOhsidelation at a public mCGting. (b) All such applications will be pJoce.sSGd withill sixty (60) days of Iccdpt of SMlle. (c) Allllleetillgs fOI considelation of a valiance, special exception 01 cOhditiona:1 u5e~ City of Winter Springs Ordinance No. 2004-49 Page 12 of 17 sl,all be. hotked fa. at kast sev(.l1 (7) days pIiOl to the date of the Il,cctihg ii, tl,e follo~ihg IltallhCI. (1) Postingthea:ffcctcdpropcrty withAnotiCGofthGmccting whiGhindicates the matter to be c.onsidered. (2) Posting in city hall a notice. of the ltlccting which indicates the pIOpel1y affected and the matteI to be consideIed. (3) At least se. y~n (7) days prior to the m~, the board of adjustment shaH also nottfJ all owners of property adjacent to or within one htmdrcd fift) (150) feet of the property to be. a:ffcc;tcd of thG time, date and plaGC of the mcetina. Such letter mtlSt also indicate the nriance, special exception or conditional use reqnested, and mtlSt require proof of dcli\lery. (d) All ihtclested pelsohs sl,all be ehtitled to be hea1d at such Illectih~s 01 to bc hCa1d by ~litt(.n 5tatellteht submitted at 01 pliOl to such hlcctihg. (e) h, tI,e Cveht a special exceptio11, vd1idhCC~ 0, eo"ditiollal U5C i5110t c1dtho,iLCd by tl,e OIdinanees of thc city, the pWlon lequcsting tl,c unautholized action Inust submit an application pursuant to sections 20~28. (0 Appeals to the bo,lId of adjustmcnt l11ay be ta:k(.l1 by a1ty pel SOh aMIievcd 01 b} an} officeI, boatd 01 bUIeau of the dty affeeted by any decision of .111 adminiSl:1ati ve offidal unde! the zoning regulations. Such appeal shall be takeh ~ithih thirty (30) days .lite! such decision is made by filing ~ith the officer from ~hom the appeal is takw and ~ith the boatd of adjusbnellt, a notice of appcal specifying the gtonnds tllcIeof. The appealshaU be in such form as preseIibed by tile Illks of the bOc11d. Thc. administIative official nonl ~hom tl,c. appeal i5 taken shall, upon notification of the filing, of the appeal, forth ~ ith transmit to the bOaid of adjustInent all the. documents, plans, papels or ottIe! materials constituting the IeCOId upon ""hid, the. action appe.akd [.oJ.. I'I'M take.11. (g) The bOa1d of adju5t("e.ht shall fix a ('Monable til,,' fOl the healihg of lit, appeal, gi ve publie hotice tl,eleof, as well as due hotice to the patties in ihtele5t, and I"ake iC':'OlltJltendatiolt5 to the city eond"is5ioh fOI the appeal ""ithilt a ieasohable tillle. UpOh the heating, any patty may appec11 in pel SOh 01 by agent 01 by atto11ley. POI p.occdUlal pmp05e5, .11, application fOl a spc.cial exception shall bc handled by the boatd of adjustn,ent tI,e samc as fOl appeals. (h) Any valiance, special exception 0, conditional use ~hicl, luay be g,lanted by tl,e city council shall expire six (6) month5 aftel the effecti ve date of such action by the city City of Winter Springs Ordinance No. 2004-49 Page 13 of 17 eOlllIhission, unkss a building pe.lIl1it ba5ed UpOh ahd ihe.ol p01ating tl.e. valiahee., spe.cial e.xe.e.ptiOh OJ c,onditiohal use. is obtaihe.d within the. afolcsaid six-month pctiod. IIowcve.I, thc city eommissioh IlIay Ienew such vanahec, special exceptioh or cOhditional use for OhC (1) additiohal period of six (6) IlIOhtl.s, plOvided good cause is shown and the application for extcnsioh sl.all be filed with thc boatd at lea5t thiHy (30) days prior to the expiIation of the Six-Il1onth period. AhY lenewal 11Iay be. glatlted without public heMing, howeveI, a leapplication fee may bc, chalged in an amount not to exceed the amount of the original application fee. It i5 intc.nde.d that pIovisiollS containe.d within thi5 5ubsGc.tion at.e to be le.tIoacti ve. to the. e.xtent that any valiance., spe.dal exception 01 conditional use. pl"v iously g1c\lltc,d sl.all be.cOInc, void if a pe.dod of time. in e.xee.ss of twelve (12) nlonths shall have. lapscd, alld a building pelmit ba5ed upon a1ld ineolpolatihg tlll~' va1iancc5, 5pecial c,xccptions 01 eOJ..ditional US"5 hM not be"n issu"d pdOI to c,xpdation of Such time. limit. *** ARTICLE ITI. ESTABLISHMENT OF DISTRICTS DIVISION 1. GENERALLY *** Sec. 20-102. Official zoning map, working maps and procedures. *** (h) Voluntary rezoning application. All applications for rezoning shall be considered and processed pursuant to this chapter. Each applie.allt fOI Ie.zoning shall 5ubmit an applie,ation on a fOlm approved by the, dty to thc. dtj' de.Ik. Eac.h applic.ation must be accompallie.d by a county tax map with a scale of 1.400, wl.id. hM de,a..l} n.aIk:cd thereon the Me.a to be. eomide.lcd fOI Ie.zoning, along with a fce. to COvCI tI.c. e.osts of adveltising the public. he.a1~lIg Oil tI." v.d~tlc:\'I"e. o. the. .e.g;ble..e.d ,hchlllotic.C5 M tI." e.c:\b" hid} be ahd ~.I additioh tIlc,Ido, a fifty-doHal fcc. to C,Ove.1 tlac, kgal e.05t5 to the. dty of pIcpa1ihg the. oIdinahCc. 01 !iud. additiohal1egal costs cl5 Ilia}' be cnculllbc.lCd by the. city, to ICZOhe tile ploperty. Afte.1 the applkation is subn.itted, the planhillg ahd z;ohihg bOa1d shal1lc,vicw tI.c. applkat~on at ~ts (Ie.At .e,gula11y SdlGdukd nlcGting and shall foJ. wa.d its Ice,omhlGhdatiohS to the. dty cOlluuissioh. Aft". th" e,;t)' GOlhll.issioll IGe.dve.s thG le.GOIJJlhGhda:tioh!i of tile pla1l1\i1lg al1d zonihg boat. d, it shall detellllihe w hethel it will consideI a: cha:hgc ofz;oning a1ld if it shall consideI a dlahge of zoning, tile COh'lIl1is!iioh shall diI cct tl.G dty attolllcy to pI cpal e. an OIdihalKe. to Ie.zone tl.c subject plOpe.I ty and ad v e.1tise. tllG Sallie [01 public he.Ming. *** City of Winter Springs Ordinance No. 2004-49 Page 14 of 17 DIVISION 2. R-AAA SINGLE-FAMILY DWELLING DISTRICTS *** Sec. 20-123. Conditional uses. *** UcJ01C a conditional use. 11Ia)1 bc glante.d witlli.. thc dassifkatioh, tllc boatd of adjusthleht must, after public heatings, find tllat the use. or U5e.5 ate. con5i5tGllt ~ith tIle geheial Lonihg plahs and ~itll tl.c. public inteie.st. *** DIVISION 3. R-CI SINGLE-FAMILY DWELLING DISTRICT *** Sec. 20-143. Conditional uses. *** Udol e. a e.ondit~ohal u~e Ihay be gl anted ~ ithiil tile. da55ifie.atioh, the. boatd of adju~tiHc.nt nluM, after public Ileatings, fihd that tile. use. 01 uses are eOh5isteht ~itll the gehclal zonihg plahs ahd ~itll tIle. publie. int'-i e.st. *** DIVISION 4. R-IAA AND R-IA ONE-FAMILY DWELLING DISTRICTS *** Sec. 20-163. Conditional uses. *** (b) Udore. a conditional u5C IHay be granted ~~tl"';'ll thc das5ifkation, the bOa1d of adjustment n1Ust, after public hGaIings, find tllat tll' us, or us's ate C0h5i5t'-nt ~ith the. gencral zoning plan and witll the public intelest. *** City of Winter Springs Ordinance No. 2004-49 Page 15 of 17 DIVISION 5. R-l ONE-FAMILY DWELLING DISTRICTS *** Sec. 20-183. Conditional uses. *** (b) DeJo!c' a "odditional tiS" may b" 51.ultc,d within the clMsifieation, the bOAld of adjusttnc,nt must, afteI public hc,atings, find that thc, use 01 USC,S MC, eonsistc'nt with tile gc,l1c,ral zoning plan and with the public intelc,st. *** DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS *** Sec. 20-208. Conditional uses. *** (b) DcfOle a conditiOIlal use Ilia)' bc, glahtcd withih the classification, the board of adjustmeht Inust, aftel public heatings, find that tIle use 01 uses arc consistcht with tIle genc,lal zoning plan and with tile public illtelest. *** DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS *** Sec. 20-268. Conditional uses. *** (b) Defore a conditional use may be g:rallted witllin th" da5sific'atioh, tllc' board of adjusttllc'tlt JlluSt, aft,,! public heatings, find t'llat th" tiS" 01 US"S atc' consistent with the gc'dclall.oning and Wit'll thc, public' int(,!c,st. *** City of Winter Springs Ordinance No. 2004-49 Page 16 of 17 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. 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 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. 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. 2004- Page 17 of 17 November 22, 2004 Public Hearing Item 403 ATTACHMENT B Excerpts from Draft Unapproved Minutes, Nov. 3, 2004 III. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS Community Development Department - Planning Division And Office Of The City Attorney A. Requests That The Local Planning Agency Hold A Public Hearing To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To Rezoning, Variances, Conditional Uses, Waivers, And Administrative Appeals. Chairperson Krebs opened the "Public Input" portion of this Agenda item. No one spoke. Chairperson Krebs closed the "Public Input" portion of this Agenda item. Discussion. "I MAKE A MOTION THAT WE RECOMMEND THE APPROVAL TO THE CITY COMMISSION FOR ADOPTION OF ORDINANCE 2004-49, A CODE AMENDMENT STREAMLINING AND SIMPL YFYING THE CURRENT APPLICATION PROCESS AND GENERAL PROCEDURE RELEVENT TO LAND USE DECISIONS, WITH THE ADDITION OF .SOME LANGUAGE THAT DENIES USE VARIANCE." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARDMEMBERBROWN: AYE VICE CHAIRPERSON KARR: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. Page 4