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HomeMy WebLinkAbout2015 10 26 Public Hearings 500 Ordinance 2015-20, Second Reading, Delete Section 9-10(c)(1)COMMISSION AGENDA ITEM 500 REQUEST: Informational Consent Public Hearings X Regular October 26, 2015 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests that the City Commission consider second reading and final approval of Ordinance 2015 -20, which proposes to delete Section 9 -10 (c)(1) from the City's Code of Ordinances relating to general conditions for approval of a plat, replat or lot split request. SYNOPSIS: Section 9 -10 (c)(1) of the City's Code of Ordinances regulates the procedure for any plat, replat or lot split of real property within the City of Winter Springs. This section requires that any plat, replat lot or split of property result in lots that meet the arithmetic mean of all "like zoned" properties within a 1,000 -foot radius, irrespective of the minimum lot size allowed by the zoning district in which the property is located. Ordinance 2015 -20 proposes to delete Section 9- 10(c)(1) from the Code of Ordinances and permit any plat, replat lot or split of property to be compatible and in harmony to the surrounding neighborhood, and in compliance with the minimum lot size allowed by the zoning district in which the lots are located. 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 Public Hearings 500 PAGE 1 OF 4 - October 26, 2015 • Property addresses: Not applicable • Property Parcel ID numbers: Not applicable • Current FLUM Designations: Not applicable • Current Zoning Designations: Not applicable • Previously Approved Development permits such as conditional use, waiver, or variance if any): Not applicable • Development Agreements (if any): Not applicable • Pending Code Enforcement Actions (if any : Not applicable • City Liens (if any): Not applicable APPLICABLE LAW. PUBLIC POLICY. AND EVENTS • Section 2 (b), Article VIII, Powers - Constitution of the State of Florida • Florida Statute 163.3194 - Legal Status of Comprehensive Plan • Florida Statute 163.3201 - Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority • Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions • Winter Springs Charter Section 4.15 - Ordinances in General • Winter Springs Code of Ordinances, Chapter 9 • Winter Springs Comprehensive Plan • Euclid v. Amber Realty Co., 272 U.S. 365 (1926) (upholding the constitutionality of the principles of zoning). DISCUSSION: At the August 10, 2015 City Commission meeting, staff was directed to prepare a text amendment to delete Section 9 -10 (c)(1) from the Code of Ordinances. Section 9 -10 (c)(1) requires a replat or lot split to meet the following criteria: (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. For properties zoned residential (excluding -121anned unit developments and Town Center), the resulting lots must comply with the following additional minimum standard: (1) The size of each proposed lot must be equal to or greater than the avera e size of all lots that are located within a one thousand (1, 000 )- foot radius around the outer perimeter of the proposed lots and have the same city zoning designation as the proposed lots. The average shall be defined as the arithmetic mean and shall be determined using the average of all residential lots, excluding lots and tracts reserved for stormwater, conservation, and areas on previously approved plans desioated for future development. The proposed lots shall be included in the calculation of the average. Public Hearings 500 PAGE 2 OF 4 - October 26, 2015 Section 9 -10 of the City Code was adopted in 2005 to establish general criteria for approval of a plat, replat, or lot split prior to said item being presented to the City Commission for consideration of approval. This section of the Code was adopted to promote compatibility and harmony between a property that is proposed for a replat or lot split and the surrounding properties. In 2006, the City Commission adopted Ordinance 2006 -11 which added the "arithmatic mean" provision to Section 9 -10 as it was determined there was a need to supplement the existing criteria to provide additional safeguards for established residential neighborhoods. This is a methodology for applicants to demonstrate compatibility and harmony with the surrounding properties by requiring applicants for replats or lot splits to demonstrate that each proposed lot that is created is at least as large as the average of all lots within 1,000 feet of the subject property that are located within the same zoning district as the subject property. If the proposed lots are as large as the average size of all lots within 1,000 feet of the subject property, then the lot split can be presented to the City Commission for consideration. If the proposed lots are not as large as the average size of all lots within 1,000 feet of the subject property, then staff would be required to recommend denial of the lot split application to the City Commission. This criteria only applies to properties zoned residential and excludes properties zoned Planned Unit Development (PUD) and Town Center. Prior to the adoption of Section 9 -10 and Section 9 -10 (c)(1), a platted single lot could be divided into no more than 2 parcels or lots with the approval of the City Commission. These lots were required to be consistent with the minimum lot size and other applicable criteria for the zoning district in which it was located. Staff has performed a survey of other jurisdictions located within Central Florida. Their procedures are noted below: • Oviedo — Permits a non - statutory subdivision when a lot is divided into 3 lots or less. Lots must satisfy the minimum criteria of the zoning district in which it is located. Only requires Land Use Administrator approval. • Casselberry — Permits a Minor subdivision when 4 lots or less are created from 1 parcel. Lots created must satisfy minimum criteria of the zoning district in which it is located. Requires City Commission approval and a plat. • Longwood - permits a lot split when a parcel is split into no more than 2 parcels provided lots created satisfy minimum zoning district criteria. Requires City Commission approval. • Tavares — permits a lot split when a parcel is split into no more than 2 lots provided lots created satisfy the minimum criteria of the zoning district in which it is located. Does not require City Commission approval. Only approval of the Community Development Director. • Lady Lake — permits a lot split provided parcel is split into no more than 2 lots, and lots created satisfy minimum criteria of the zoning district in which it is located. Requires approval of the Town Manager. FISCAL IMPACT: There is no direct fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: Public Hearings 500 PAGE 3 OF 4 - October 26, 2015 This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on October 1, 2015. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve Ordinance 2015 -20, which proposes to delete Section 9 -10 (c)(1) from the City's Code of Ordinances relating to general conditions for approval of a plat, replat or lot split request. ATTACHMENTS: A. Ordinance 2015 -20 B. Advertisement - Orlando Sentinel, October 1, 2015 C. Minutes - September 2, 2015 Planning & Zoning Board meeting Public Hearings 500 PAGE 4 OF 4 - October 26, 2015 Attachment "A" ORDINANCE NO. 2015 -20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING SECTION 9 -10 OF THE CITY CODE REGARDING THE GENERAL CRITERIA FOR CONSIDERING THE APPROVAL OF PLAT, REPLAT OR LOT SPLIT APPLICATIONS; 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 is also granted authority to regulate the subdivision of land within its jurisdictional limits pursuant to chapter 177, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City Commission ") desires to modify the City's criteria for considering the approval of replats, plats and lot splits; 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 9 -10 of the City Code is hereby amended as follows (proposed additions to City Code are indicated by underline and deletions are indicated by seat): Sec. 9 -10. - General criteria for approval. Before any plat replat or lot split application is approved by the city commission under this chapter, the applicant must demonstrate, and the city commission must find, that the proposed plat, replat or lot split meets the following criteria: City of Winter Springs Ordinance No. 2015 -20 Page 1 of 3 (a) The application is in compliance with the provisions of this chapter and applicable law. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. For- r pei4ies zoned residential (e °Ee tidi g planned unit developments and T.,w,, Center) the o tilts g lots must eamply with the following additional fniflimufn stafidar4 �r�Eerers�ea���re�eerss:�s �s:ss. ... Iff MINOR 11111"i i. M V MEN 11 (d) The application does not create any lots, tracts of land or developments that do not conform to the City Code. (e) The application does not create burdensome congestion on the streets and highways. (f) The application promotes the orderly layout and use of land. (g) The application provides for adequate light and air. (h) The application does not create overcrowding of land. (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. 0) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2015 -20 Page 2 of 3 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 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 -20 Page 3 of 3 Attachment GZ Orlando Sentinel Thursday, October 1, 2015 SE II B II A a c D E VOLUNTEER OPPOR71 Adult Literacy League ' NOTICE O F needs volunteers to help + PUBLIC HEARING tutor other adults in reading. No prior experience is neces- c CITY OF WINTER 1 Details: Stacy McKenna, Details: Stacy McKenna, 407 -422 -1540 Ext. T15 or SPRINGS adultliteracyleague.org. American Cancer Soci- NOTICE IS HEREBY GIVEN THAT ety's Road to Recovery 1 THE CITY COMMISSION needs volunteers to trans' I PROPOSES TO CONSIDER THE FOLLOWING: port can cer patients to and 1 from medical appointments. i An orientation, support c ORDINANCE NO. 2015-20 materials, and other assist - ance will be provided. Details: 1 AN ORDINANCE OF THE CITY COMMISSION Heather Maloney, heath- I OF THE CITY OF WINTER SPRINGS, SEMINOLE 407- 5one5@cancer.orgor 407 -581 -2512. � COUNTY, FLORIDA; AMENDING SECTION Art & History Museums 9 -10 OF THE CITY CODE REGARDING THE Maitland seeks volunteers i GENERAL CRITERIA FOR CONSIDERING THE to assist with events, admin- APPROVAL OF PLAT, REPLAT OR LOT SPLIT istration and education. ± APPLICATIONS; PROVIDING FOR THE REPEAL Details: Terrance @artand - OF PRIOR INCONSISTENT ORDINANCES AND history.org, 407-539-2181 Ext. 1 RESOLUTIONS INCORPORATION INTO THE 255. Franklin's Friends, an CODE, SEVERABILITY, AND AN EFFECTIVE DATE. organization whose mission i is to support Central Florida CITY COMMISSION FIRST READING PUBLIC animal welfare by fundraising HEARING WILL BE HELD ON for local nonprofit and gov- I MONDAY, OCTOBER 12, 2015 ernment agencies that are i AT 6:00 P.M. OR SOON THEREAFTER IN THE dedicated to shelter /rescue, 1 COMMISSION CHAMBERS LOCATED AT spay /neuter, and community I education projects, needs 1 WINTER SPRINGS CITY HALL volunteers for clerical work, 1 1126 EAST STATE ROAD 434 community outreach, assist - WINTER SPRINGS, FLORIDA ance with events, and more. Details: 260-693-7387, frank- i CITY COMMISSION SECOND READING linsfriends @gmaii.com, 1 PUBLIC HEARING WILL BE HELD ON franklinsfriends.info. MONDAY, OCTOBER 26, 2015 Hostelling international- i USA, which pro AT 6:00 P.M. OR SOON "THEREAFTER IN THE national understanding of COMMISSION CHAMBERS LOCATED AT the world and its people WINTER SPRINGS CITY HALL through hostelling, needs a 1 1126 EAST STATE ROAD 434 donations coordinator and I WINTER SPRINGS, FLORIDA various volunteers about one i hour per week. Details: 407- 261 -0914. Hospice of the Comfort- The proposed ordinance may be obtained by er needs volunteers; a variety interested parties between 8 a.m. and 5 p.m., of volunteer opportunities Monday through Friday, at the City's. Clerk's available. A one year com- Office, located at 1126 E. SR 434, Winter mitment is requested for Springs, Florida. For more information, call volunteers as well as free (407) 327 -1800 #227. Persons with_ disabilities comprehensive training needing assistance to participate in any of these proceedings should contact the Employee REUNIONS Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327 -1800, #236.. r High School This is a public hearing. Interested parties are advised that they may appear at the meeting and October be heard with respect to the proposed ordinance. If you decide to appeal any recommendation Boone High School Class or decision made by the City Commission with of 1965:50th class reunion, respect to any matter considered at this meeting, Oct.16, 7 p.m., Smokey you will need a record of the proceedings, and Bones, E. Colonial and Oct. 17, for such purposes, you may need to ensure that 6 p.m., University Club, Or- a verbatim record of the proceedings is made lando. Details: Richard Alt, upon which the appeal is based. boonehs5oth65 @aol.comor 321- 663 -0001. I Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING SEPTEMBER 2, 2015 ii The Regular Meeting of Wednesday, September 2, 2015 of the Planning and Zoning Board /Local Planning Agency was called to Order at 5:30 p.m. by Chairperson Bob Henderson in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Bob Henderson, present Vice - Chairperson Howard Casman, present Board Member Sarah Miller, present Board Member Bart Phillips, absent Board Member Suzanne Walker, present Assistant to the City Clerk Antonia Della Donna, present A moment of silence was followed by the Pledge of Allegiance. No changes were made to the Agenda. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used # 1 INFORMATIONAL 200. Not Used Chairperson Henderson opened "Public Input ". No one spoke. Chairperson Henderson closed "Public Input ". CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 2, 2015 PAGE 2 OF 4 CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, August 12, 2015 (Rescheduled from Wednesday, August 5, 2015) Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I WILL MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER WALKER. SECONDED BY VICE- CHAIRPERSON CABMAN. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE VICE - CHAIRPERSON GASMAN: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. No Reports were given. PUBLIC HEARING AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Consider Ordinance 2015 -20, Which Proposes To Delete Section 9 -10 (c)(1) From The City's Code Of Ordinances Relating To General Conditions For Approval Of A Plat, Replat, Or Lot Split Request. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item and briefly commented on Ordinance 2006 -11 which added an arithmetic mean to the City Code. ® CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 2, 2015 PAGE 3 OF 4 After providing some examples of an arithmetic mean application, Mr. Howell stated, "The Ranchlands is the area of the City that is primarily affected by the current provisions of this Code." Additionally, Mr. Howell mentioned, "And a search of City records shows a total of forty -four (44) lot splits have been approved by the City Commission in the Ranchlands until 2006. When the Code was revised, to include Section 9 -10. (c) (1), only - one (1) lot split was approved by the City Commission." Discussion ensued on current procedures from other cities. Next, Vice- Chairperson Howard Casman brought up concerns for neighbors of a homeowner that might request a lot split and whether the market values of the neighboring property would decline due to having smaller sized lots around the property. Mr. Howell noted, "It could be a possibility; I mean, they go to the City Commission for approval as a Resolution, so it would probably be under a Public Input session. We'd probably notify the adjacent property owners. There's also a clause in the Code that would remain if this Ordinance is approved that states that basically it has to be compatible and harmonious with the surrounding areas as well." Additional comments. Continuing, Chairperson Bob Henderson asked, "You are just basically removing the arithmetic mean ?" Mr. Howell responded, "Yes, Sir." Discussion continued on changes related to Ordinance 2015 -20. Furthermore, Vice - Chairperson Casman asked, "Does association By -laws take precedence over this Ordinance ?" Mr. Howell explained, "We are not allowed to implement HOA (Homeowner's Association) Covenants. However, say for example, if someone came to the City and split their property and you've got an HOA (Homeowner's Association) that states that you have to have a minimum of a five (5) acres lot — that would trump this." Further discussion. Chairperson Henderson opened "Public Input ". No one spoke. Chairperson Henderson closed "Public Input ". 111101111994- =0 "M p Chairperson Henderson opened "Public Input ". No one spoke. Chairperson Henderson closed "Public Input ". Chairperson Henderson adjourned the Regular Meeting at 5:42 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA, ASSISTANT TO THE CITY CLERK AND RACHELSERGENT ASSISTANT TO THE CITY CLERK APPROVED: BOB HENDERSON, CHAIRPERSON PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the 2015 Planning And "Zoning Board/Local Planning Agency Regular Meeting.