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
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(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 ".
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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.