HomeMy WebLinkAboutOrdinance 2019-02 Temporary Moratorium RE Special Zoning Permits [VETOED] u CITY OF WINTER SPRINGS, FLORIDA
Incorporated
JQ;Q 1126 East State Road 434
�• Winter Springs, Florida 32708-2799
LORIDF Telephone:(407)588-7814
email:clacey@winterspringsfl.org
Facsimile:(407)327-4753
City Website.www.winterspringsfl.org
CHARLESLACEY
OFFICF OF THE MAYOR
Ms.Andrea Lorenzo-Luaces
Winter Springs City Clerk
Ref: Winter Springs Charter, Section 4.05 "...Within ten(10)days after the adoption of any
ordinance by the city commission,the mayor shall have the power to veto said ordinance and return it
to the commission at the next regular meeting with a written message...."
I hereby veto Ordinance 2019-02.
As I have started previously,there is much that is good in this ordinance, but there are also
disturbing concerns. Upon review, I have concluded that the positive elements contained in this
ordinance can be accomplished without the over-reach of the entirety of Ordinance 2019-02. Chief
among these is an overdue review of the Comprehensive Plan and a review of the City's growth
management strategies. Under separate cover,I am calling a special meeting for February 18 to begin
this process.
In the time that this Commission has been seated, it has approved several residential
applications. In contrast, by this ordinance, passed by a 3-2 vote, a moratorium that effectively stops
commercial development would have been enacted. Having spoken to hundreds of residents, I have
heard that this is the inverse of the preference of our citizens.
Residential growth, in particular multifamily,stresses the infrastructure(specifically,roads
and schools)in a way that reduces quality of life for us all. Contrary to recent actions by the
Commission,l oppose further concessions to multifamily projects until the comprehensive plan is
reviewed and supportive infrastructure plans are in place.
Contrary to the effect of Ordinance 2019-02,commercial development that is consistent
with the residential character of Winter Springs should be encouraged. Family-type restaurants and
small-scale entertainment venues are desirable. This ordinance would have stopped any proposed
community asset of this type. A tangible case-in-point, is the newly opened Starbucks coffee shop.
The proponents of Ordinance 2019-02 argue that any project that conforms to the zoning codes would
not be impeded. But,the codes are so onerous that it is a practical impossibility to construct a
business within their restrictions. Starbucks required four special exceptions and would not have
been able to even propose the project if this ordinance were in place.
Beyond the actual deleterious consequences,the perceived desirability of doing business in
Winter Springs would have been harshly impacted. Lang after the moratorium would expire,the fear
of an arbitrary or capricious response to starting a desirable project will have deterred investors.
I would sign a narrowly crafted moratorium ordinance. But I don't see a compelling need
or potential benefit that justifies the negative consequences of this broad ordinance.
ORDINANCE NO. 2019-02
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
("SPECIAL ZONING PERMITS") UNDER CHAPTER 20 OF THE CITY'S
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 APRIL 30, 2019, WITH THE OPTION FOR
THE CITY COMMISSION TO EXTEND THE MORATORIUM PERIOD
FOR AN ADDITIONAL THREE MONTHS 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, the City's Zoning Code (Chapter 20) allows a property owner to make
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.2019-02
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
Commission's decision to grant or deny a permit application 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
permit applications for property located within the City's Town Center; 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 to comprehensively review, and update if necessary, the City's other
special zoning permit requirements in the other named zoning districts; and
WHEREAS, a temporary moratorium allows such review to occur 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
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
City of Winter Springs
Ordinance No.2019-02
Page 2 of 5
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 April 30, 2019, 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 waivers ("special zoning permits") under Chapter 20 of
the City's 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, 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.2019-02
Page 3 of 5
Section 4. Workshops; Recommendations for Land Development Regulations.
The City Manager is directed to schedule workshops for the City Commission to comprehensively
review, and update if necessary,the City's requirements and procedures for special zoning permit
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.2019-02
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 11th day of February, 2019.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
.T_.
ANTHONY A. GARGANESE
City Attorney
First Legal Ad Published: January 6, 2019
First Reading: January 28, 2019
Second Legal Ad Published: February 3, 2019
Effective Date:
City of Winter Springs
Ordinance No. 2019-02
Page 5 of 5