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Home My WebLink AboutOrdinance 2019-09 - Chapter 20 Special Zoning PermitsAN ORDINANCE OF THE CITY COMMISSION OF THE CITY LICATI WINTER SPRINGS, FLORIDA; AMENDING APP 10 NOTICE, REVIEW CRITERIA, AND PROCEDURES REGARDIN SPECIAL ZONING PERMITS AND OTHER LAND US PERMITTING DECISIONS; MAKING CONFORMIN, 4 AMENDMENTS TO THE CITY CODE; PROVIDING FOR TH 11 REPEAL OF PRIOR INCONSISTENT ORDINANCES AN )NI, RESOLUTIONS; INCORPORATION INTO THE COD SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission has conducted numerous public workshops to evaluate and discuss updating and amending the City's land development code related to certain land use decision making procedures including special zoning permits; and WHEREAS, the City Commission desires to update and amend the City Code related to the aforesaid; and WHEREAS, the City's Land Planning Agency/Planning & Zoning Board has reviewed and made a recommendation regarding this Ordinance at a duly advertised public meeting held on June 5, 2019; and WHEREAS, the City Commission held a duly noticed public hearing on the proposed changes to the land development code set forth hereunder and considered findings and advice of the Land Planning Agency, staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the changes set forth hereunder serve a legitimate government purposes and are consistent with the City of Winter Springs Comprehensive Plan; and WHEREAS, the City Commission also hereby deems this Ordinance in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 20 of the City Code is hereby amended as follows underlined type indicates additions and 4fikee type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): 0� The intent and purpose of this division is to set forth the uniform procedure for applying for site plans, variances, conditional uses, rezonings, waivers, limited administrative waivers, and administrative appeals as set forth in the City Co&_Ihi&-e�. MEMMM= (a) Unless otherwise provided in this chapter, the city commission shall render all final decisions regarding rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved site plan, rezoning, variance, conditional use, waiver, limited administrative 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 or ordinance, quasi-judicial rules and procedures to implement this article division. I&M IM MVRMM=IH I I #L%*JR#Vt"rd=# lam= 1111111111 fM WHO L%,WMA14 I M M of rAW, I# I= I m =I IN] w INIMmyttl rVJILW'M' commission at its discretion may «2point, or direct the city manager to a 2point, an advisor _%Aaaffiik•' The advisor hearin officer shall be a member of the Florida Bar in 2ood standin2 or five or and zoning law and general procedures for quasi-judicial land use matters. Hearings conducted pursuant to this subsection shall be noticed as required by this Division and the hearing office shall izenerallv conduct the hean' v in accordance with a •ica e -rovisions of the city # city commission. Such report shall summarize the evidence submitted and considered and state 6re6seli the hearing officer's findings, conclusions and recommendations., e reiort shall be a JUJIMIM97VIXIMIMMIRM.11 The cit commission shall consider the hean'n officer's reAt the Tort at a -public hearing -.- Dim findings, conclusions and recommendations contained in the report. The city commission shall also take such additional relevant and material testimony at the public hearing as, deemed City ot'Wint r Springs Ordinance No. 2019-09 Page 2 of 31 necessary by the city commission to complete the hearing on the subject application, or the city commission may refer the application back to the hearing -officer to take additional relevant and material evidence if necessarv. The city commission may adopt or reject, in whole or in part, the hearing officer's proposed findings, conclusions and recommendations. The city, commission's decision opLhe a lication shall be deemed final. Tp (a) 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. I,, Within five ness daws of filiml with the Cit.-�j or as soon as tacticable'..r lications filed under this Division shall be publicly posted on the City's website on q_�y .ia �e reserved for identif ying pending land use qpplications. In addition to any notice requirements provided by state law, all public hearings under this division shall be publicly noticed for at least seven (7) calendar days prior to an reguired planning & zoning board hearing and at least twenty (20) calendar days prior to any required city commission hearing unless otherwise provided by subsections (d) and (e). 4W (5) ealendaf days pfl. . — Ur��ffi__ 0. 1.., ftafing. Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property on a sign form provided by the city. (2) Posting at city hall. (3) Notifying, by U.S. mail, all owners of real property adjacent to and within gpproximately five ei+--hundred fi4y (4-5feet of the subject property-liased on the information contained in the property appraiser's or sar property database. In addition, all nei2hborhood homeowner's associations registered with the City and located within one -half -mile of the-Troperty shall likewise be provided notice by U.S. mail. Said mang shall only be required for the initial public heanng and shall not be required for hearings that are continued to a date certain by the board or city commission. 4) Posting on the citv's w.ebsite and social media platform. The notice requirements set forth in subsections (1), (2), andand 4 ±J above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this division. (d) Public hearings initially noticed as required by this section and then continued by the planning & zoning board or city commission may be continued to a date certain without compliance with the minimum seven (7) and twenly (20) calendar dqj!�� ------- - ----------- IIIHM41MIN Aare �ment. Applicants may, at their option and sole cost and risk, submit site layout and VMI#I6Tqnr*MIIV 0, 1 t EVICNIM111 -16TAD"MUMMUM11111R. "MISH, MUMUIRUIRM401MIM4 KI JIB 11110 Eli #ALM#] #I I nr% # i – --------- – -- 111#1161MILVIINIVIOUJIUMMI MLLWJLUMIMffAI -- - - 6_egarding the application and roposed agreement. This non-binding and preliminary review 1111�M I IIHIM RIME pursuant to this section. # rAIIIIHMIT"IT A 91r MI Hill any participant at the pre-gpplication conference as a representation or implication that the application will be ultimately gpl2roved or rejected in any form. Sec. 20-29. - Applications. (a) The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this division, At a minimum, Uplications for conceptual plan review shall require payment of an applicable application fee adopted by the city commission. Applications for non-binding conceptual plan review shall contain the information required by subparagraphs (1) through (6), site layout and building elevation designs in schematic or sketch fonn, and such other preliminM information deemed necessary by the gpl2licant or city staff to describe the develol2ment concept and the potential on and off-site i!npacts of the proposed development. Additionally, all applications for site pLans,rezonings, variances, conditional uses, waivers, and binding development agreements includinv- binding concgptual plan approval and adiRifiilt—t— shall be accompanied by the applicable application fee adopted by the city commission and shall contain the following information which shall be considered by the City when evaluating the applicable review criteria: City of Winter Springs Ordinance No. 2019-09 Page 4 of 31 HIM KO mff#29� 3,44HINUMIN gig= 1. uildin elevations illustratin all side of st ctures, floor glans, locations and orientations, and landscape areas; 2. Ingress and egress, emergency access, parking locations and number of spaces, sidewalks and Dedestrian and vehicle circulation within the site; 3. If applicable , stacking/gueuing, of vehicles, off zones, truck/delivery areas, bike rack locationsand connections to adjacent properties; 4. Paved surfaces, materials and location(s), 5. Site location diai4ram and legal description, 6. Signage; 7. Wetland and floodplain boundaries; 8. Screening, buffering and li htinplans;, and 9. Such other relevant infonnation regarding the pr M2s,ed site. C, A parking ana—lsis, prepared bv a duly civali.fied expert, justif ying the proposed parkin solution; City of Winter Springs Ordinance No. 2019-09 Page 5 of 31 with the requirements set forth in the City's Comprehensive PlatCod�eif a �Iicqb�le and required by the 6ty� eA traffic studv and analysis, prepared by a duly qualified expert, regarding both the estimated impact of the proposed project on the neighborhood and properties and the established level of service on affected roads; f A stonnwater managemeDt �Iqw �4. A noise study to analyze current and proposed noise levels as well as methods of sound attenuation, if qpplicable and required by the city. residential development is proposed, a school concurrency letter from the School District, if applicable, and the proximity and transportation routes of the proposed development to the elementary, middle and high schools assigned by the School District, (9) If the proposed development has the potential to discharge noxious odors or pollutants, an odor or pollution study, prepared by a duly qualified expert, regarding the proposed project's estimated odor or pollutant impact on the neighborhood, surrounding proverties and the enviromnent, (10) Other reasonable supporting documents to indicate intentions and/or M other items reasonablv required bv the city to determine whether or not the proposed develoPment is in coMpliance with the City's Comprehensive Plan and Code. (11) The moplication requirements set forth in subsection (7) shall only gpply to existing single family homes, conditional uses, waivers and variances if the city deten-nines that such infonnation is necessaKy for the City to relevantly and competently evaluate an application for compliance with the City Code and the affect and impact the proposed gpplication will have on neighborhood and surrounding properties using qpplicable review criteria. (12) Awfication requirements for administrative weals are govemed by section 20-35 of the City Code. and city conunission, or if inadvertently presented to said board and city conunission, th board and city commission may require the qpplicant to complete the gpplication if deemed necessaLy before proceeding with final review of the aplication. Applicants will be providedwritten notice of incoMplete �pplicqfions and be afforded a reasonable opportunity to sufficiently coml2lete an gpplication before an incomplete application is deemed rejected and retumed bv the city staff. If an gpplicafion is deemed incomplete and the qpplicant fails to complete it within ninety (90) days of written notice from the City, the City shall have the right, by providing written notice to the applicant, to deem the gpplication withdrawn by the amolicant. Extensions of time may be juanted by the citv for wod cause shown. Applications deemed withdrawn shall not be processed and the Uplication fee shall be deemed forfeited. City of Winter Springs Ordinance No, 2019-09 Page 6 of 31 Withdrawn gpl2lications may be refiled in complete fonn and payment of the gpplicable application fee. I Rl I C'm 0i r, Sam CVYAG #I I Rariff 040001 MMIRIUMIMIUMM L*M K I t 'IRA III Ills 0 111 Malk I I rmj 1 vid 014, 0 IM M HJUMMS I Uu #Itwld#tm • VIUMMIGUMMI m we —• I I I ON I Ima 1 kvwrl# ojviivrto tilfflK. ML rl I I MAI Mll 0 11 U -Ma I tu MMM HIM I U Um #1 L4101 I M lm� M MUM City of Winter Springs Ordinance No. 2019-09 Page 7 of 31 HIRIMMERMI WIIIDII�j the applicant's initially Proposed plans have substantially and materially changed from the initial workshop or the city commission determines that an additional workshop is required before making a final decision on any related qpplication, Sec. 20-30. - Staff review® (a) The city staff shall be required ' ezonings, variances, conditional uses, waivers, and administrative appeals, and make written recommendations to the planning and zoning board and the city commission AL_D�abe required in this article. Staff recommendations shall include at a minimum the following relevant information: land covenants, parcel size and dimensionsdevelopment constraints such as wetlands and conservation areas and easements, and a map and aerial of the subject and surrounding property; (2) information regarding adjacent and surrounding land uses, (3) information regarding the Vplicant and proposed gpplication request; (4) citation and summary of applicable law such as city comprehensive plan policies, ci code provisions and state and federal laws; (5) procedural history of the proposed application and project including Mplication submittal dates, legal advertisements, other related pending applications, previous City commission Eprovals, community workshop meetings, and planning & zoning board recomrnendations� (6) summary of relevant review criteria regarding the application; (7) the applicants written analysis and response to the review criteria, (8) city staff s written analysis and response to the review criteria; and (9) other competent substantial evidence deemed necessary by city staff to analyze the application for compliance with law. (b) Upon completion of the written recommendation, city staff shall forward the application along with the recommendation, to the planning and zoning board as required by this division, for a duly noticed public hearin and recommendation before the city commission considers the amolication. (a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. (b) 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. (c) 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. i--.- Jn-11111111 -- (1) The proposed rezoning change is in compliance with all procedural requirements established by the City Code and law; (2) The proposed rezoning change is consistent with thegqqispolicies and obectives of j_ the city's comprehensive plan including, but not limited to, the Future Land Use Map and the proposed change would not have an adverse effect on the city's implementation of the goals, policies and obiectives of the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law; (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan; (8) Changed or changing conditions make the proposed rezoning necessary for the city to serve the Population and economic activities; (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent and surrounding property; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare and legitimate government interests; (13) The proposed rezoning change and allowed uses, intensity and density are is, co atible with and not out of scale or incompatible with the surrounding existing development and needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city. (15) Applications in the Town Center to rezone to a transect zone shall meet the following additional criteria: —a. The proposed T -Zone shall provide a logical extension of an existing zone, or an adequate transition between zones. b. The area shall have had a chan2e in growth and development pattern to warrant a rezoning to a more or less urban T -Zone. c. The request shall be consistent with the overall city vision for growth and development as expressed in the city's comprehensive plan or applicable master plan. min Imer-mul"Ita 13 AMA 6 residential uses, the proposed rezoning shall not potentially cause neRativLjMpAqL_2n school cqpacity (K-12), school overcrowding (K-12), accessibility and convenience (e.g., walking distance, travel time, private and public transportation, and quality of route enviromnent) to the majority of the K-12 school population proiected for the property and that will be drawn from any Proposed residential project, and the integration of future residents of any proposed residential project into the existing Cit-,/ of Winter Sprim4s communitv in a sustainable manner. (18) Whether the Mplicant has agreed to execute a bindiwz development agreement required by city to incon2orate the tenns and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by city code. (e) In approving a change in the zoning classification on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regulations in the same zoning district. Such restrictions may include one or more of the following: (1) Use restrictions greater than those otherwise specified for that particular district; (2) Density restrictions greater than those otherwise specified for the particular district; (3) Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways; (4) Height limits more restrictive than otherwise permitted in the district; (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) Minimum floor area greater than otherwise specified for structures in the particular district; (7) Open space requirements greater than otherwise required for property in the particular district; (8) Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (10) Restrictions on any other matters which the city commission is authorized to regulate. Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein. Sec. 20-32. - Variances. (a) Any real property owner may file a variance application requesting variance from this chapter for their real property. Variances may be W12roved only for height, width, length or area of structures, size of lots, size of vard setbacks; driveway widths; building design standards (dimensional standards only); landscgping area requirements for vehicular use areas; landscgpe buffer requirements for buffer strip areas; landscgpe zones; street setbacks; glazing and window percentages; and minimum first floor height. Under no circumstances may a variance be granted to allow a use not permitted generally or by conditional use permit in the district involved, or any use expressly or by necessary implication prohibited in the district by the terms of this chgpter or other Mplicable provision of the city code. City of Winter Springs Ordinance No. 2019-09 Page 11 of 31 (b) The planning and zoning board 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. (c) 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. (d) All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion: (1) 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, (2) That special conditions and circumstances do not result from the actions of the applicant or applicant's predecessor in title. (L3) That literal interpretation of this chapter would work an unnecessary and undue hardship on the applicant deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and other gpplicable buildin and land develo ment codes of the cit t*- A (34) That the special conditions and circumstances referred to in subsection (d)(1) of this section do not result from the actions of the applicant, (4�5) 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 in the same zoning district. (5�6) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (6�7) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (8) Whether the applicant has agreed to execute a binding development aTree ment required ........ _ by the city to incorporate the to sand conditions of approval deemed necessary by the city commission including, bit limited to, any mitigative techniques and plans required by city code. (e) The following factors shall not be considered in any variance request, (])The presence of nonconformities in the zoning district or adjoining districts. Z (a) Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category. (b) The planning and zoning board 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. (c) 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. (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic -generating characteristics, number of Persons anticipated using, residing or working under the conditional use, and other offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use Vctivities in the immediate vicinity. (2) 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 density, 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, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. (4) 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. (5) 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 FORROMMI AM= a a I �MMIMMINIM I fl#Ttjmm ------ ■111mrWARAIM41• III!-aUtMNl'7dMIUIM-MfLv MINIM I M-1103MIMS [&Josef -------- --trAmbMiall't• r4l M t� IsMay bit] V IVM#M # Wei M high schools (K-12) that will be initially assigned to the residential project by the ,School District at the time the citv commission considers final uproval of the conditional use have both sufficient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient (e.g., walking distance travel time, private and public transportation, and quality of route environment) to the majority of the school population that will be drawn from the project, and promote and support the integration of future residents of the project into the existing city of Winter Sprino communitv in a sustainable manner. (14) N"ether the applicant has agreed to execute a binding development agreement required by city to incoMorate the tenns and conditions of gpproval deemed necessary by the city commission includim4, but not limited to, any mitigative techniques and plans required by city code, Sec. 20-33.1. — Site and Fi JW f1114MULS041 allart Oply to alutuCaU011S 101 SILC d11U HUM a plat, if applicable, and does not include review and qpproval of a lot split application. (b) Excot in situations involving one single-family home, the planning and zoning board shall be required to review all site and final engineering plan and subdivision of land ppplications 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 aDplicable criteria set forth in this section. (C) U rnmendation, the city commission shall make a final decision on the Uplication. If the cily commission determines that the planning and zoning board has not made a recommendation on an plication within a reasonable period of time, the city commission may, at its discretion, consider an applicatio without the planning and zoning board's recommendation. (d) Except in situations involving one single-family home, all site and final engineering plan and subdivision recommendations and final decisions shall be based on whether the site and final engineering plan and subdivision of land complies with all the technical requirements set forth in ChWter 9 of the City Code and the following criteria to the extent applicable: -o a -tit as demonstrated the site and final engineerin Ian and subdivision of ,-a Ttlic elm ORIMf D It!] now • ISM adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (2) Whether the 4pplicant has demonstrated the size and shqpe of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site and final engineering plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscgping, open s pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the pMRosed the site and final engineering plan and subdivision of land will have 2-wvd,verse inmact on the local econ property values. ,U) Mcther the Pgropgosed the site and final enc i and subdivision of land 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. (5) Wheth�r the to osed the site and final engineering plan and subdivision of land will have or degradation of cultural and historic resources. (6) Whether the proposed the site and final engineering plan and subdivision of land will have an adverse impact on Public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreatig��r . • • waterways, •' bicycle • pedestrian facilities, (7) Whether the site and final engineering plan and subdivision of land, and related traffic report and 121an j2rovided b -m the aDDlicant. details safe and efficient mg--ans of ingressLand ggress into and out of the neighborhood and adequately addresses the impact of Projected traffic on the •: neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. (8) Whet er the proposed the site and final engineering plan and subdivision of land will have an adverse impact • housing and social conditions, including variety of housing unit types • prices, and nei6borhood quality. (9) Whether the prol2osed the site and final engineering Plan and subdivision of land avoids significant adverse odor, emission, noise, glare, and vibration impacts on .• an surrounding lands regarding refuse collection, service deliveLy, parking and loading, signs, lighting, and other sire elements. (10) Whether the Mplicant has provided an acceptable security plan for the proposed establishment to be located on the site and final engineering • and subdivision of land that #• the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if gpplicable. (11) Whether the gpplicant has provided on the site and final engineering Plan and • of land an acceptable plan for the mass delivery of merchandise for new large foog2rint buildings reater than 20,QQQ 5 mre feet) including the hours of overation for deliveKy trucks to come into and exist the Property and surrounding neighborhood, if Mplicable. (12) Whether the • has demonstrated that the site and final engineering plan and subdivision of land have been desiined to incorporate mitigative techniques and plans needed to prevent adverse impacts .•• in the criteria stated herein or to adjacent and,surrounding uses • -properties. (13) Whether the Mplicant has agreed to execute a binding development agreement required by city to incon2orate the terms • ♦ of Uproval deemed necessary by the city commission including, but not limited to, anv mitigative techniques and 121ans required by city code. Sec. 20-34. - Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and • of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category) if the pf:epef�y ownef ejear4y deffienstfates t4iat the applieable tefm of eendition eleaf4y efeates an illogieal-, . � qsible, impfaetieal, of pa4ently wffeasanable Fesult. City of Winter Springs Ordinance No. 2019-09 Page 16 of 31 (b) The planning and zoning board shall be required to review all waiver applications an,#! 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 waiver criteria set forth in this section. (c) 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 detennines that the planning and zoning board has not made a recommendation on an application within a reasonIble period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) In addition to the standafd set fof4h in pafagfaph i�All waiver recommendations and final decisions shall also comply with the following criteria: (1) The applicant clean dnstrates that the applicable to or condition clearly creates an illogical, impossible, impractical, or Patently unreasonable result related to the proposed property and development. (1�2) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2� The proposed development plan will significantly enhance the real property. (34) The proposed development plan serves the public health, safety, and welfare. (4-5) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5-6) 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. (6�7) The proposed development plan is compatible and harmonious with the surrounding neighborhood, (8) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city co fission including but not li ited to any miti ative techm�ues and l2fans required by city code. (a) 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, Administrative qppeals are not authorized or permitted on interpretation issues based on the followin&. t4rdMr-14RUQI - including notice of violations and civil citations. (2) Acts of ad inistrative officials ursuant to the orders resolutions or directives of the city commission including develo mp ent agreements, City of Winter Springs Ordinance No. 2019-09 Page 17 of 31 (5) Appeals that circumvent procedures required by this chwter, including those that are more gppropriately addressed in an qpplication for a waiver, variance, or rez�n . (&',,-The followinalersons shall have standin a eal an administrative decision th v*wmAr*7f a general applicability •and that is specifically related to a particular project or parcel of real property: (1) An applicant who is adversely affected by the decision. (2) property owner whose roperty is the subject of the decision. (3) All owners of real property that lies within 500 feet of the Property that is the subject o the decision. 4 1r, MWANO I I "Mm [guy 1#11411• MOMI HIMMM WHO 18#11011IONS] M-43 a r -molts Iwo IM MIMI Im U4113 ENE41 HVI IT", c WELCH SUL;" gppeaiii . (eg) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by competent, substantial evidence; and (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision • this chapter. (4h) 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 • made, and to that end, shall have all the powers of the officers from whom the appeal is taken. An administraliye-a -gal fil?,ggtign sim-aalLproceedings in furtherance of the action Mpealed from, including the issuance of a building permit or development order, unless the administrative official from whom the gppeal is taken certifies in writing to the board of adjustment after the notice of Mpeal is filed that, because of facts stated in the certificate, a stay would, in the administrative official's opinion, cause imminent • to life and property. In such case where the administrative official makes such certification, • shall not be stayed other than by an injunction issued • a court of competent jurisdictio 1111111111111111 pill 1111111 1111 111111!lpli�� (a) Any conditional use, variance or waiver approved by the city commission under this Division shall expire two (2) years after the effective date of such approval by the city commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city wn said time period. Upon written request of the property owner, the city commission may extend the expiration date, without public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired City of Winter Springs Ordinance No. 2019-09 Page 19 of 31 conditional use, variance, and waiver • granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the • owner to reapply, under current circumstances, for said permit should the property owner desire or need said permit. (a) Authorization 4-F ci�y manager. Waivers to the adopted land development regulations sel forth in this chapter may be authorized administratively by the city manager or designee, subject to the procedures and limitations of this section. Designees under this section may be approved by city manager by written administrative order. (b) [Faivers subject to administrative review and approval, (1) Administrative waivers may be considered for height, area, of size, or design dimensional _requirement of a structure or architectural feature-, and/or distance requirement, size of yard, setback and open space requirements of an applicable zoning district including the transect design standards in the Town Center 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 subject property and any proposed or existing improvements thereon; and b, Such waiver will not: (i) have more than a de minimus impact on the subject property and surrounding area-, (ii) be contrary to the public interest; (in) 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. (c) Application submittal and fee. Application for an administrative waiver bythecity manager shall be made on a form provided by the community development department and shall be accompanied by an application fee established by the city. As part of the application, the city manager reserves the right to require a signed affidavit (submitted on a form prepared by the city) from all abutting property owners indicating no objection to the requested waiver. In such case, failure of the applicant to obtain signatures of all abutting property owners will constitute a basis for denying the application. For the purpose of this section, the to "abutting" shall include those properties directly across a road. (d) Conditions. The city manager may prescribe appropriate conditions and safeguards to ensure that the purposes of this section, chapter and other applicable regulations set forth in the City Code are carried out, and to ensure that the waiver granted is the minimum necessary to allow reasonable use of the land and improvements. (e) Further action. Applications approved by the city manager under this section shall be deemed final. However, a denial of a request for an administrative waiver by the city manager shall ►..- considered a non -final order of the city ► shall not be appealable. Applications denied under this section shall not preclude an applicant from requesting a variance or waiver from the city commission pursuant to other applicable provisions of this chapter. In such cases, the applicant shall submit a formal application 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 appeal in a court of competent jurisdiction. (f) Approvals bv QE_Conunission, The city commission can use the limited administrative criteria in subsection (b) to grant Wplicable waivers when considering and making final deci ion,,.Vproval such as Mproval of final engineering ► Such waivers are not subject to the application requirements in subsection (c) and shall not exceed twenty Percent (20%) of the apPlicable Lequirement. However, in ► with the land ► recluiring city conunission gpproval, the applicant and city staff shall identif the applicable limited Y waivers and address, in writing, the criteria in subsection (b). Additionally, if deemed necessaly and relevant by city staff or city commission to approving the limited waiver requested, the applicant shall provide such relevant information enumerated in section 20-29 to sLipport granting the waiver request. DIVISION 12. - TOWN CENTER DISTRICT CODE 0� MMM (c) How to use this code. (1) Review the policies and administration procedures speeifw,4y applicable to the town center as set forth ineltt�� in the A X, Iloilo Balm I III UUMSMAN (2) Identify the transect zone assigned to the subject property, (3) Determine whether the proposed use is permitted in the applicable transect zone and is comir , il, I MI i im Tuscaivilla Road Retail, Winter Springs Town Center (4) Review the general provisions and other requirements which apply throughout the applicable transect zone. (6) Review the building elements and architectural guidelines which contain specific rules for architectural design. (7) Prepare plans and specifications for submittal to the city in compliance with applicable law including, but not limited to, the City's Comprehensive Plan, City Code and Town Center District Code. OEM (a) Interpretation of the standards, `• ed in this • are meant to demonstrate the character intended for the town center and shall be the guide for future development, but are for illustrative purposes only. The accompanying text and numbers are rules that govern permitted • 9 a. 1 1 4. Site S Signage. 9 .s.",vvz ns 9 . 9 I 9 City of Winter Springs Ordinance No. 2019-09 Page 23 of 31 ------------ LAMAUZ t _ x . x ur 9 a. 1 1 4. Site S Signage. 9 .s.",vvz ns 9 . 9 I 9 City of Winter Springs Ordinance No. 2019-09 Page 23 of 31 Mm UZU . . _ . - MOM a 9 City of Winter Springs Ordinance No. 2019-09 Page 24 of 31 i i Tug- 1"'WWWWWW"'NOWN' 9 City of Winter Springs Ordinance No. 2019-09 Page 24 of 31 fbj_ln the town center district, decorative street signs are required along roadways as part of the decorative street sign and light program for new development including: subdivisions, City of Winter Springs Ordinance No. 2019-09 Page 25 of 31 I== ... •r . ............... U . .............. OULU a WA ME, .... .......... . . . . . . . . . . M. U.-W.W.ZZI. W -M UZZLIM fbj_ln the town center district, decorative street signs are required along roadways as part of the decorative street sign and light program for new development including: subdivisions, City of Winter Springs Ordinance No. 2019-09 Page 25 of 31 commercial development and areas constructed for public use, Standards for the town center district follow the same guidelines • street signage that is upgraded in all other areas of the city, In addition, the city • that decorative street lights be provided for all development within the town center district. During the development review process, it will be determined by the city whether or not the user or developer of a property within the town center may need to enter into a Neighborhood Street Sign Light Improvement Agreement (NSSLIA) as part of the respective development agreement. Z NVITUMM�. I 9_11 INS=- M� (9) Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000) sware et mai. be bui i 11 11 iiii OEM See. 20-327. 1. - Signs. Signs shall be flat against the facade, mounted projecting from the facade, or mounted above the top of the facade. Free standing monument signs are permitted by specel-e*eep6en waiver along State Road 434 frontage, Sec. 20-417. - Residential wall buffers required. Any developer or property owner proposing a commercial or multi -family development or redevelopment adjacent to a single family zoning district or use shall construct, at the developer's expense, an opaque wall of six (6) feet in height along the full length of the property line between such development or redevelopment and the adjacent single family zoning district or use. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi -family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not allowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, City of Winter Springs Ordinance No, 2019-09 Page 26 of 31 design, and compliance with this section and the City Code. The wall requirements of this section shall apply internally within the boundaries of town center, but only to buffer loading docks, service areas, and trash disposal facties from adjacent single-family or multi -family residential uses. If a wall is required internally within the town center, the wall requirement may be waived or varied by the development review committee and city commission pursuant to the speeial exeeptie waiver or variance criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the existing area zoned town center. See. 20-422. - Public, private and charter school and daycare center siting criteria. Daycare centers and schools (hereinafter referred to as "school" in this section) present unique planning/zoning issues and challenges for the city and surrounding land uses. Therefore, all schools must be deemed compatible with surrounding land uses by the city before any development permit may be issued for a new school or the expansion of existing school, In addition to complying with any other applicable provision of the City Code including, but not limited to, conditional use and speeial eyieeption requirements, and applicable provisions of the city's comprehensive plan, compatibility shall be determined by satisfying all of the following factors: See. 20-436. - Authorized commercial vehicles—Limited-term parking permits. (a) One (1) authorized commercial vehicle per dwelling unit, as defined in section 20-434 above and not to exceed ten (10) feet in height, may be exempted from the garaging and fencing requirements of section 20-434 until July 2, 2001, if the dwelling unit of the owner, user, or caretaker of the authorized commercial vehicle does not have a garage or fence capable of screening the vehicle from view as provided in section 20-434 provided that the owner, user, or caretaker of the authorized commercial vehicle shall have first acquired from the city a limited term parking permit which shall be clearly affixed upon the rear window or rear panel of the authorized commercial vehicle. (b) Following the termination of the period of the pen -nit the commercial vehicle must comply in all respects with section 20-434 or be removed from the residential zoned district. (c) No authorized commercial vehicle as defined in section 20-434 may be provided a limited term parking permit later than December 31, 1999. (d) A pen -nit may be transferred to a similar authorized commercial vehicle as defined in section 20-434 for the duration of any gpl2licable permi the speeial ex-e� provided that a new permit is acquired from the city and the original permit is returned to the city, 0� Section 2. Code Amendment. Chapter 9 of the City Code is hereby amended as follows underlined type indicates additions and &t4k-e� type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in City of Winter Springs Ordinance No. 2019-09 Page 27 of 31 Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): rArwq ...NEWS . WAUUMQ0 N WIN I-imi-sio�mii - ft -W ........... ;,";z- ..... . ............. ...NEWS . WAUUMQ0 N WIN I-imi-sio�mii - ft -W liwilaim-, =17al'UH; Z,74Z74;= ..... . ..... =.Um ... . ........ . . . . . . . . . . . . . . . . . . . . ........ . . . .. . . ............ H. mz, Per. . . ...... ........ ON . . ..... . ..... .. . ........ ....... UN— ...... =%� . ......... .. —wr . .. ..... . ..... City of Winter Springs Ordinance No. 2019-09 Page 29 of 31 �M W110 — ------- aefion at law of in equit-, as is Ifem in--�er- to prevent of femedy fffty-Violatieft of the Pales, eenditions, eovenants stiptilations or- tefms of this dwision. Sec. 9-386.4. - Definitions. For the purpose of this division, the following words and terms shall have the meaning ascribed thereto: Development permit. Includes any building pe it, conditional use, zoning approval, subdivision approval, rezoning, development order, conditional use variance, waiver, or any other official action of local government having the effect of permitting the development of land. Emma UTWINNHRE1�� The following words and phrases used in this article shall have the meanings ascribed below unless the context clearly indicates otherwise: Development permit, Includes any building permit, zoning permit, subdivision approval, rezoning certification, conditional use special exception, variance, waiver, or any other official action of the city having the effect of pen-nitting the development of land. Section 3. Conforming Amendments to Town Center Land Use Matrix. One of the major policy objectives of this Ordinance is to streamline the town c enter development land use lW4 'm-* .4'swcti) Consequently, the special exception land use identified in the Town Center Land Use Matrix is being relabeled a conditional use. Therefore, Section 20-323 Land Use Matrix attached hereto as EXHIBIT "A" is hereby amended as follows (underlined type indicates additions and stfikeea type indicates deletions): Segtion 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ?Lil --e��vllqvkxmtatqtet resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 -X"' iiii li- W crat axi s. not affectine the construction or mearimu anj omi ion M a 4 U M111,11 I I I F11 0 MW I M ally-iM I FAM1111 U -B I Its YA� I imn I IL%.j Section 6. 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 7. Effective Date. This Ordinance shall become effective 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 I Oth day of June, 2019. ATTEST - V -44r-- �Lo—rtr-ilro)C-Luaces, City Clerk ?Nat -'S-VJrffWTET 1'C'f -f "VA-TNL-(-1f YY 0 F WIN7R SPRINGS ONL 777 Y: Anthony A. Garganese, City Attorney L4147,40ugm Taw -14 if 0 I -Mg 11� Alcoholic beverage Bakery, wholesale and retail Bed and breakfast inn Bicycles, sales and service Bookkeepers Bookstores, stationery, newsstands Bus terminal (exclusive of bus stops) Bridal shops Butcher shop, retail only Carpets, rugs and linoleum Churches (with orwithout educational and recreational buildings and Dance and music studios Drug and sundry stores Dry cleaner <t <«2»,& d ?6 Florist and gift shops Furniture, retail, new and used I Hair, nail and tanning salons Hardware stores Health food K440M M P P P �U CU CU P P P P P P S19 }Cu �Cu PPR P )P P -SE I ICU �CU PP CU ;PSP P P P P P P P P 0 Hobby and craft shops P P P i Home occupations P P P i Hospitals and nursing homes CU Cu Hotel p Inn. p P Insurance p p p Interior decorating and draperies w P P� P � Jewelry stores P P. P Launderettes and Laundromats ' CU ° CU Libraries P p P Loan companies CU CU Locksmiths �P P . p Luggage shops p. „ P ,., P Manufacturing and assembly of scientific and optical precision instruments P P CU' -SE Museums and/or cultural institutions P P CU S,€ Private clubs and lodges P P :CU Public restrooms P Public utilities and service structures CUCUL ;Cu!icu:cu —U i_: Quick printers P w P Radio and TV broadcasting studios, excluding towers P P Radio and TV sales and service P P Reception facilities (meeting rooms, etc.) P P P Rental stores, excluding auto/truck rentals P P P € i `S€ Retirement homes, including independent living through assisted living CU CU ICU Residential, single family (attached) P P P i S€ Residential, single family (detached) P i P CU S€ Residential, multifamily CU CU. RestaurantsP P P S Schools CU CU CU Shoe repair shops P P P Sidewalk cafes P I P ; P S& -SE- S€ S€ Skating Skating rinks CU : CU CU Snackshops Sporting goods, retail Stadiums and arenas Town Center marketing and sales center Toy stores Trail heads Travel agencies Veterinary clinics (no overnight boarding) Any other similar retail store or business enterprise permitted in the releva transect, provi e the propose use is not speci ica y imite to a i eren Town Center transect or some other zoning district within the city and provided a conditional use speeial emeeptian is approved by the city commission. Approved special exeeptions conditional use may be condition, upon a required development agreement at the discretion of the City Commission or as reguired by the City Code to address development term, and conditions related to the approved conditional use special exeept - UUSI- MMMMR�+ ME-1-MIJI