HomeMy WebLinkAbout2015 08 12 Public Hearing 502 Ordinance 2015-19 - Amending Chapter 20 Zoning - "De minimus"/Administrative Waiver PLANNING & ZONING BOARD
AGENDA
I T E M 5 0 2 Information
Public Hearin X
Re ular
Au�ust 12, 2015
Meeting
REQUEST: The Community Development Department — Planning Division requests that the
Planning&Zoning Board consider Ordinance 2015-19,which proposes to amend Chapter 20,Zoning,
of the Code of Ordinances to establish a limited administrative waiver procedure for approving deviations
from the City Code.
SYNOPSIS: On June 8, 2015, the City Commission gave direction to staff to prepare an Ordinance
which would amend Chapter 20,Zoning, of the Code of Ordinances to establish a limited administrative
waiver procedure for approving minor deviations from certain requirements ofthe City Code.Based on this
directive, Ordinance 2015-19 proposes to establish a waiver procedure for approving minor deviations
from certain requirements of Chapter 20, Zoning of the Code of Ordinances including waivers to
height, area, size of a structure, distance requirements, and size of yard and open space requirements of
an applicable zoning district provided said deviations do not exceed ten percent (10%) of the
applicable requirement.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
• Applicant name and address and authorized representative: City of Winter Springs, 1126
East State Road 434, Winter Springs, FL 32708.
• Property owner's name(s): Not applicable
• Propertv addresses: Not applicable
• Propertv Parcel ID numbers: Not applicable
• Current FLUM Desi�nations: Not applicable
• Current Zonin�Desi�nations: Not applicable
August 12,2015
Plaiuung&Zoning Board Agenda,Item 502
Page 2 of 3
• Previouslv A�proved Development permits such as conditional use, waiver, or variance (if
an : Not applicable
• Development A�reements (if any�: Not applicable
• Pendin� Code Enforcement Actions (if any�: Not applicable
• City Liens (if any�: Not applicable
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 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 316.2126
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances, Chapter 20, Zoning
DISCUS SION:
In an effort to streamline the development approval process, the City Commission directed staff to
prepare an ordinance which would establish an administrative waiver process for minor deviations to
certain requirements of Chapter 20 of the City Code of Ordinances. Ordinance 2015-19 authorizes the
City Manager or his designee to administratively approve deviations from the Code which will have no
more than a de minimus impact on the subj ect property and the surrounding area.
Ordinance 2015-19 specifically proposes the following:
• Authorizes the City Manager or designee to administratively approve waivers to the adopted
land development regulations set forth in Chapter 20, subj ect to the procedures and limitations
stipulated within the Ordinance. Designees may be approved by the City Manager by written
administrative order.
• Limits administrative waivers to height, area, or size of a structure; and/or distance
requirement, size of yard and open space requirements of an applicable zoning district.
• Administrative waivers shall not exceed ten percent(10%) of the applicable requirement.
• The City Manager may authorize the administrative review and approval of a waiver when a
property owner clearly demonstrates:
(A)the waiver is necessary, as a condition of city permit approval,to allow the reasonable use
of the subj ect property and any proposed or existing improvements thereon; and
August 12,2015
Plaiuung&Zoning Board Agenda,Item 502
Page 3 of 3
(B) such waiver will not: (i)have more than a de minimus impact on the subj ect property and
surrounding area; (ii) be contrary to the public interest; (iii) be incompatible with the
surrounding area; (iv) have an adverse effect on the neighborhood or general welfare of the
area; and(v)have the effect of nullifying the intent and purpose of any applicable provision of
this chapter.
• Requires the payment of an application fee and allows the City Manager to reserve the right to
require a signed affidavit from all abutting property owners indicating no obj ection to the
requested waiver. If the applicant does not obtain signatures of all abutting property owners,
the application can be denied.
• Allows the City Manager to prescribe appropriate conditions and safeguards to ensure that the
waiver granted is the minimum necessary to allow reasonable use of the land and
improvements.
• Stipulates all applications approved by the City Manager are deemed final. If a request for an
administrative waiver is denied by the City Manager,it shall be considered a non-final order of
the City and shall not be appealable. If the administrative waiver is denied, the applicant has
the right to request a variance or waiver from the City Commission pursuant Chapter 20 of the
Code of Ordinances.
FISCAL IMPACT:
There is no direct fiscal impact to the City associated with this agenda item.
COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded
to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and
the City's Server. The Agenda has been forwarded to the Mayor and City Commission;City Manager;
and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press
representatives, all Homeowner's Associations on file with the City, all individuals who have
requested Agenda information,Department Directors; and also posted outside City Hall;posted inside
City Hall with additional copies available for the general public.
STAFF RECOMMENDATION:
Staff recommends the Planning& Zoning Board forward a recommendation of approval to the City
Commission of Ordinance 2015-19, which proposes to amend Chapter 20, Zoning, of the Code of
Ordinances to establish a limited administrative waiver procedure for approving deviations from the City
Code.
ATTACHMENTS:
A. Ordinance 2015-19
Attachment " A "
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 20 ZONING TO
ESTABLISH A LIMITED ADMINISTRATIVE WAIVER
PROCEDURE FOR APPROVING DEVIATIONS FROM
CERTAIN TECHNICAL REQUIREMENTS OF THE CITY
CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs, Florida, (the "City") is granted the authority,
under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes,
except when expressly prohibited by law; and
WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City
Commission") desires to streamline the development approval process by establishing an
administrative waiver procedure for approving minor deviations from certain requirements of
chapter 20 Zoning of the Code of Ordinances as specifically provided herein; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. Section 20-37 of the City Code is hereby established,
as follows (proposed additions to City Code are indicated by underline):
Sec. 20-37.—Limited Administrative Waivers.
(a) Authorization bv Citv Mana�er. Waivers to the adopted land
development re�,ulations set forth in this chapter mav be authorized
administrativelv bv the Citv Mana�er or desi�nee, subject to the procedures and
limitations of this section. Desi�nees under this section mav be a�proved bv City
City of Winter Springs
Ordinance No. 2015-
Page 1 of 4
Mana�er bv written administrative order.
(b) Waivers subiect to Administrative Review and Approva�
(1) Administrative waivers mav be considered for hei�ht, area, or size of a
structure; and/or distance requirement, size of vard and open space requirements
of an a�plicable zonin� district. Administrative waivers shall not exceed ten
percent(10%) of the a�plicable requirement.
The Citv Mana�er mav authorize the administrative review and a�proval of a
waiver when a propertv owner clearlv demonstrates:
(A) the waiver is necessarv, as a condition of citv permit a�proval, to
allow the reasonable use of the subject propertv and anv proposed or
existin�improvements thereon; and
(B) such waiver will not: (i) have more than a de minimus impact on the
subject propertv and surroundin� area; (ii) be contrarv to the public
interest; (iii) be incompatible with the surroundin� area; (iv) have an
adverse effect on the nei�hborhood or �eneral welfare of the area; and (v)
have the effect of nullifvin� the intent and purpose of anv a�plicable
provision of this chapter.
(c) Application Submittal and Fee. Application for an administrative waiver
shall be made on a form provided bv the communitv development department and
shall be accompanied bv an a�plication fee established bv the citv. As part of the
application, the citv mana�er reserves the ri�ht to require a si�ned affidavit
(submitted on a form prepared bv the city) from all abuttin� propertv owners
indicatin� no obj ection to the requested waiver. In such case, failure of the
applicant to obtain si�natures of all abuttin� propertv owners will constitute a
basis for denvin� the a�plication. For the purpose of this section, the term
"abuttin�" shall include those properties directiv across a road.
(d) Conditions. The citv mana�er mav prescribe a�propriate conditions and
safe�uards to ensure that the purposes of this section, chapter and other a�plicable
re�ulations set forth in the Citv Code are carried out, and to ensure that the waiver
�ranted is the minimum necessarv to allow reasonable use of the land and
improvements.
(e) Further Action. A�plications a�proved bv the citv mana�er under this
section shall be deemed final. However, a denial of a request for an
City of Winter Springs
Ordinance No. 2015-
Page 2 of 4
administrative waiver bv the citv mana�er shall be considered a non-final order of
the citv and shall not be a�pealable. A�plications denied under this section shall
not preclude an a�plicant from requestin� a variance or waiver from the city
commission pursuant to other a�plicable provisions of this chapter. In such cases,
the a�plicant shall submit a formal a�plication for a variance or waiver consistent
with the requirements set forth in this chapter, and decisions made on such
applications shall be deemed final and subject to a�peal in a court of competent
jurisdiction.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and like errors 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
the City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2015.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
City of Winter Springs
Ordinance No. 2015-
Page 3 of 4
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2015-
Page 4 of 4