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HomeMy WebLinkAbout2019 04 03 Public Hearings 403 [ADD-ON] Ordinance 2019-05 Temporary Moratorium on Special Exceptions PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM ADD-ON Consent Information ITEM 403 Public Hearing X Regular April 3, 2019 Meeting REQUEST: The Planning & Zoning Board shall conduct a public hearing and make recommendation regarding Ordinance No. 2019-05. SYNOPSIS: The City Commission, at its February 11, 2019 meeting, adopted Ordinance No. 2019- 02. The ordinance imposed a temporary moratorium upon filing, processing, considering, and decision making related to special zoning permit applications for conditional uses, special exceptions -3 Multi- Family Dwelling, C-1 Neighborhood Commercial, C-2 General Commercial, C-3 Highway 17-92, CC Commerce Center, I-1 Industrial, Greeneway Interchange, and Town Center zoning districts, except for the special permit applications exempt from the temporary moratorium as expressly set forth in the Ordinance. However, Ordinance No. 2019-02 was vetoed by the Mayor pursuant to the City Charter and the City Commission failed by 3-2 vote to override the veto. Since the veto, the City Commission directed that the proposed moratorium be considered again with generally one substantive revision to exempt sign waiver requests under the Town Center Code. Ordinance No. 2019-05 proposes that a new moratorium be adopted as revised. CONSIDERATIONS: GENERAL BACKGROUND 1. On February 11, 2019, the City Commission adopted Ordinance No. 2019-02 establishing a moratorium regarding certain special zoning permits in several zoning districts in the R-3 Multi- Family Dwelling, C-1 Neighborhood Commercial, C-2 General Commercial, C-3 Highway 17-92, CC Commerce Center, I-1 Industrial, Greeneway Interchange, and Town Center Zoning Districts. 2. The Ordinance was vetoed by the Mayor and the City Commission failed to override the veto by 3-2 vote. Since the veto, the City Commission directed that the proposed moratorium be readopted April 3, 2019 Planning And Zoning Board/LPA - Agenda, ADD-ON Public Hearings Agenda Item 403 23 Page of with a revision to allow an exception for waivers of the sign Code under the Town Center Code. The revised Ordinance No. 2019-05 is attached to this Agenda Item. 3. The moratorium is of short duration and expires 90 days from adoption unless the City Commission extends for one additional 90-day period by resolution. 4. The proposed temporary moratorium would be limited in scope only to Special Zoning Permits, i.e., Conditional Uses, Special Exceptions, and Waivers, in the specific zoning districts described in Paragraph 1, for the purpose of allowing the City Commission the opportunity to review and streamline the criteria and procedures for processing such Special Zoning Permits. 5. The following Special Zoning Permit applications are exempt from this temporary moratorium: A. Special zoning permit applications for conditional uses, special exceptions and waivers which were formally filed with, and deemed complete by, the City on or before December 10, 2018. B. Special zoning permit applications for variances pursuant to Section 20-32 of the City Code. C. Special zoning permit applications for special exceptions and waivers related only to the design and aesthetics of projects of which final engineering plans were formally filed with and under review by the City on or before December 10, 2018. This exemption is intended to allow existing applicants to complete the final design and approval of final engineering plans and aesthetic review of their respective projects during the temporary moratorium. This exemption is not intended to allow existing applicants for final engineering plans to substantially modify their pending application for purposes of obtaining a special exception or waiver to support approval of a different kind or type of land development activity than the activity that was originally requested when the final engineering application was initially filed with the City. In addition, this exemption is not intended to allow new applications for special exceptions or conditional uses in order to seek authorization for an enumerated land use requiring a special exception or conditional use permit. D. Special zoning permit applications for special exception sign waivers under the Town Center Code. 6. The City Commission is currently conducting workshops to comprehensively review, and upda decisions including, but not limited to, special exceptions, condition uses, waivers and variances. The City Manager and Staff, in consultation with the City Attorney, will evaluate, develop and recommend, as necessary, land development regulations consistent with the direction provided by the City Commission during the upcoming workshops during the temporary moratorium period. 7. Ordinance 2019-05 will apply to the following City of Winter Springs Code of Ordinances: Ch 20, Sec. 20-32. Variances. Ch 20, Sec. 20-33. Conditional Uses. Ch 20, Sec. 20-34. Waivers Ch 20, Sec. 20-208. Conditional Uses. (R-3 Multiple Family Dwelling District) Ch 20, Sec. 20-234. Conditional Uses. (C-1 Neighborhood Commercial District) Ch 20, Sec. 20-254. Conditional Uses. (C-2 General Commercial District) Ch 20, Sec. 20-346.3. Conditional Uses. (C-3 Highway 17-92 Commercial District) April 3, 2019 Planning And Zoning Board/LPA - Agenda, ADD-ON Public Hearings Agenda Item 403 33 Page of Ch 20, Sec. 20-345.3. Conditional Uses. (CC Commerce Center District) Ch 20, Sec. 20-261. Conditional Uses. (I-1 Light Industrial District) Ch 20, Sec 20-330. Permitted Uses, Conditional Uses, Incidental Uses Within Buildings. (Greeneway Interchange District) Ch 20, Sec. 20-323. Permitted Uses. (Town Center District) Ch 20, Sec. 20-231(c). Special Exceptions. (Town Center District) 8. At the January 15, 2019 Planning & Zoning Board meeting, the Board voted 4-1 recommending the City Commission approve Ordinance 2019-02, which was substantially similar to the proposed Ordinance No. 2019-05. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Home Rule Powers Chapter 20, City Code (Zoning Regulations) FISCAL IMPACT: There is no direct fiscal impact related to conducting the workshop other than staff and attorney time to prepare for the workshop and implement associated direction from the City Commission. : COMMUNICATION EFFORTS The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available r. 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, 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: The Planning & Zoning Board shall conduct a public hearing and make recommendation regarding Ordinance No. 2019-05. ATTACHMENTS: 1. Ordinance No. 2019-05 2. Advertisement Orlando Sentinel ORDINANCE NO. 2019-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ADOPTING A TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF WINTER SPRINGS REGARDING THE FILING, PROCESSING, CONSIDERATION, OR DECISION OF CONDITIONAL USES, SPECIAL EXCEPTIONS AND WAIVERS ZONING CODE IN THE R-3 MULTI-FAMILY DWELLING, C-1 NEIGHBORHOOD COMMERCIAL, C-2 GENERAL COMMERCIAL, C-3 HIGHWAY 17-92, CC COMMERCE CENTER, I-1 INDUSTRIAL, GREENEWAY INTERCHANGE, AND TOWN CENTER ZONING DISTRICTS; PROVIDING THAT SAID MORATORIUM PERIOD SHALL EXTEND NO LATER THAN 90 DAYS, WITH THE OPTION FOR THE CITY COMMISSION TO EXTEND THE MORATORIUM PERIOD AS MORE SPECIFICALLY AUTHORIZED IN THIS ORDINANCE IF NECESSARY TO ALLOW THE CITY COMMISSION, CITY LAND PLANNING AGENCY, CITY STAFF AND CITY ATTORNEY TO DETERMINE WHETHER CHANGES TO CHAPTER 20 ARE NECESSARY TO IMPROVE THE SPECIAL ZONING PERMIT REQUIREMENTS AND PROCEDURES; DIRECTING THE CITY MANAGER TO SCHEDULE CITY COMMISSION WORKSHOPS AS NECESSARY FOR THE CITY COMMISSION TO TIMELY CONSIDER ADOPTING IMPROVEMENTS TO THE SPECIAL ZONING PERMIT REQUIREMENTS AND PROCEDURES PRIOR TO THE EXPIRATION OF THE EXTENDED MORATORIUM PERIOD; PROVIDING FOR PENALTIES, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, CONFLICTS WITH STATE AND FEDERAL LAW AND SEVERABILITY, NON-CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, 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, application for a variety of special zoning permits including conditional use, special exception, variance and waiver permit and, by law, these permit applications require a quasi-judicial hearing before the City Commission; and WHEREAS, applicable laws require an applicant in a quasi-judicial matter to demonstrate competent substantial evidence that an application satisfies all procedures, conditions and City of Winter Springs Ordinance No. 2019-05 Page 1 of 5 requirements enumerated in the City Code and other applicable law, and then requires a city to demonstrate that its decision to approve or deny the permit application is supported by substantial evidence; and WHEREAS, applicable law requires a public hearing be held on special zoning permit applications and authorizes applicants and other interested parties with standing to appeal the City to the circuit court; and WHEREAS, applicable law also allows the City Commission to impose reasonable conditions and safeguards upon the issuance of special zoning permits in order to ensure compliance with applicable law, reduction or elimination of adverse impacts of land uses and development on surrounding property and the community, acceptable levels of service related to public facilities such as transportation, sewer, parks and recreation, solid waste, water, stormwater, and schools, and the general protection of the public health, safety and welfare of the community; and WHEREAS, the Town Center Zoning District Code was adopted by the City Commission in the year 2000 and contains separate procedures and requirements for certain special zoning permits that are different and sometimes less complete than similar special permit requirements that are applied in other City zoning districts; and WHEREAS, in recent years the City has processed a significant number of development ; and WHEREAS, the City Commission desires to streamline and improve the special permit requirements in the Town Center for future development by consolidating such requirements with similar provisions that are applicable for other zoning districts so the City has one, comprehensive set of procedures and requirements for similar special permit requests; and WHEREAS, having one set of special permit procedures and requirements will be less confusing and more efficient for City staff and future applicants; and WHEREAS, in conjunction with streamlining and consolidating the Town Center requirements for obtaining special zoning permits, the City Commission hereby determines that it will be an appropriate time other special zoning permit requirements in the other named zoning districts, and that such review by the City Commission has already commenced; and WHEREAS, a temporary moratorium allows such review to occur and continue unhindered by developments that could frustrate the objective of the review, and eliminate the race of diligence that may occur while such reviews are underway; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds City of Winter Springs Ordinance No. 2019-05 Page 2 of 5 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. Adoption of Temporary Moratorium. Beginning on the effective date of this Ordinance and continuing until no later than ninety (90) days from the effective date of this Ordinance, or sooner if provided by an ordinance by the Winter Springs City Commission, a temporary moratorium is hereby imposed upon filing, processing, considering, and decision making related to special zoning permit applications for conditional uses, special exceptions and hapter 20 of the CZoning Code in the R-3 Multi- Family Dwelling, C-1 Neighborhood Commercial, C-2 General Commercial, C-3 Highway 17-92, CC Commerce Center, I-1 Industrial, Greeneway Interchange, and Town Center zoning districts, except for the special permit applications exempt from the temporary moratorium as expressly set forth in Section 3 of this Ordinance. The temporary moratorium adopted herein may be extended by the City Commission for up to an additional ninety (90) days by Resolution. Section 3.Exemptions from Temporary Moratorium. The following special zoning permit applications are exempt from the temporary moratorium: A. Special zoning permit applications for conditional uses, special exceptions and waivers which were formally filed with, and deemed complete by, the City on or before December 10, 2018. B. Special zoning permit applications for variances pursuant to Section 20-32 of the City Code. C. Special zoning permit applications for special exceptions and waivers related only to the design and aesthetics of projects of which final engineering plans were formally filed with and under review by the City on or before December 10, 2018. This exemption is intended to allow existing applicants to complete the final design and approval of final engineering plans and aesthetic review of their respective projects during the temporary moratorium. This exemption is not intended to allow existing applicants for final engineering plans to substantially modify their pending application for purposes of obtaining a special exception or waiver to support approval of a different kind or type of land development activity than the activity that was originally requested when the final engineering application was initially filed with the City. In addition, this exemption is not intended to allow new applications for special exceptions or conditional uses in order to seek authorization for an enumerated land use requiring a special exception or conditional use permit. City of Winter Springs Ordinance No. 2019-05 Page 3 of 5 D. Special zoning permit applications for special exception sign waivers under the Town Center Code. Section 4. Workshops; Recommendations for Land Development Regulations. The City Manager is directed to schedule workshops for the City Commission to comprehensively land use decisions including, but not limited to, special exceptions, conditional uses, waivers and variances. The City Manager and staff, in consultation with the City Attorney, are hereby requested to evaluate the aforementioned requirements and procedures and develop and recommend, as may be deemed advisable by the City Manager and City Attorney, land development regulations consistent with the direction provided hereunder and given by the City Commission during the upcoming workshops held during the temporary moratorium period. Section 5. Penalties. Violations of this Ordinance are punishable as provided by Section 1-15 of the City Code of Winter Springs, Florida or other applicable Code provisions. Section 6. 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 7.Non-Codification. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 8. Conflicts with State and Federal Law; Severability. No provision herein is intended to impose a moratorium on the processing of land use applications required to be processed within certain time frames by state or federal law. 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 9. 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. [Adoption Page Follows] City of Winter Springs Ordinance No. 2019-05 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of _______________, 2019. ____________________________________ 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 Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2019-05 Page 5 of 5 õ À íÊÐÛÎØÍé×ÎÈÓÎ×Ð èÔÇÊèÔÇÊÉØÛÉØÛÉØÛÉØÛÃÃïÛÊïÛÊÙÔÙÔ   é÷ûúùø÷  ˆ