HomeMy WebLinkAbout2019 05 13 Public Hearing 402 - First Reading of Ordinance 2019-09 regarding the Application, Notice, and Review Criteria Procedures for Special Zoning Permits PUBLIC HEARINGS AGENDA ITEM 402
X959
CITY COMMISSION AGENDA I MAY 13, 2019 1 REGULAR MEETING
TITLE
First Reading of Ordinance 2019-09 regarding the Application, Notice, and Review
Criteria Procedures for Special Zoning Permits
SUMMARY
During the City Commission workshop process, which has been taking place, the
City Commission directed the City Attorney to prepare an Ordinance to update and
streamline the application, notice, review criteria, and procedures regarding special
zoning permits and other land use permitting decisions. Additionally, the City
Commission directed that the Ordinance eliminate the separate land use permit
decision making process in the Town Center Code and to consolidate the Town
Center Code process with the regular development permit process under the City
Code for purposes of streamlining development permit procedure and eliminating
any unintended confusion with the two separate processes.The Ordinance will also
provide greater public awareness opportunities for the public regarding many
proposed development projects.
On May 6, 2019, the City Commission considered an initial draft of Ordinance No.
2019-09 and provided comments. The comments were considered by the City
Attorney and additional changes to the Ordinance have been made since the May
6t" meeting. The changes are highlighted in yellow for the City Commission's
convenience.
The City Commission has previously recognized that since the Town Center
District Code's adoption in 2000, the Town Center has operated, in many respects,
under its own set of rules and procedures especially regarding special exception
applications which may be filed requesting waivers from the various standard
provisions of the Town Center Code. The City Commission has recently expressed
interest in streamlining the special exception process by consolidating it with the
general zoning regulations applicable to other zoning districts and special zoning
permits.
The attached Ordinance was prepared at the City Commission's direction. The
Ordinance is procedural in nature only regarding the requirements to process
development permit applications and does not specifically address land uses in the
various zoning districts. Land uses will be reviewed by the City Commission
separately as part of the workshop process and addressed in a separate ordinance
if the City Commission desires to modify the land use provisions in the City Code.
The proposed Ordinance will require several publicly noticed and advertised public
hearings including one hearing before the City's Land Planning Agency and two
hearings before the City Commission.
This is a legislative process. In other words, the City Commission is exercising its
legislative authority to consider whether to amend the zoning laws applicable
within the jurisdiction of the city of Winter Springs. Unlike a quasi-judicial zoning
hearing where the City Commission is applying existing policy,the City Commission
is attempting to formulate (create) new policy related to the processing of
development permit applications as set forth in the proposed Ordinance.
Any new zoning policies must be adopted byordinance and will be applied in quasi-
judicial hearings conducted on the development permits referenced in the
Ordinance in the future.
Generally, the Ordinance, if approved, will make very important changes to
requirements in the City's land development code which are fundamental to the
City's authority to process land development permit applications:
1. Repeals the separate development permit procedure in the Town Center Code,
and streamlines it byconsolidating the Town Center permit process with the regular
development permit process contained in Chapter 20 of the City Code. Conforming
text amendments to the Town Center Code, such as striking (as no longer
necessary) the reference to the special development review committee, are
required to be made to effectuate this streamlining/consolidation including as
stated in Exhibit "A" to the Ordinance.
2. The Ordinance addresses a uniform procedure for applying for site plans,
variances, conditional uses, rezoning, waivers, limited administrative waivers, and
administrative appeals as set forth in the City Code. These uniform procedures will
apply to ALL City zoning districts, and not just the specific zoning districts
referenced in the pending moratorium ordinance.
3. In addition to the consolidation of the Town Center Code referenced above, the
Ordinance proposes a variety of updates and improvements including:
a. Providing for a discretionary advisory hearing officer to conduct land use permit
hearings if necessary;
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, MAY 13, 2019 1 PAGE 2 OF 4
b. Require posting of land use permit applications on the City's website for public
viewing within 5 days of filing with the City;
c. Providing an optional conceptual plan review process (currently limited to Town
Center Code);
d. Providing a pre-application meeting with the community development
department;
e. Enhancing the development permit application requirements and process to
require applicants to not only provide a complete application, but to provide all
relevant and necessary information related to the proposed development project
for purposes of allowing the City to make a compliance determination with the
City's Comprehensive Plan and Code;
f. Requiring certain defined new development projects, conditional uses and
redevelopment projects to be memorialized in a binding development agreement;
g. Requiring the developer to conduct a publicly noticed community workshop,
consistent with the minimum enumerated code requirements, for all new
commercial development, new residential subdivisions of ten (10) or more lots,
conditional uses, existing commercial buildings being altered by 50 percent or
greater of the original floor area or seating capacity and requiring a modified site
plan, or development agreements processed under section 20-28.1 of the City Code;
h. Requiring minimum requirements for City staff recommendations to the land
planning agency and city commission related to their review of all applications for
site plans, rezonings, variances, conditional uses, waivers, and administrative
appeals;
i. Enhancing the review criteria applicable to applications for rezonings, variances,
site and final engineering plans and subdivisions, conditional uses, waivers, and
administrative appeals;
j. Clarifying provisions applicable to administrative appeals related to administrative
determinations and interpretations under Chapter 20 of the City Code;
k. Expressly incorporating unique features (e.g. transects and other architectural
dimensional requirements) of the Town Center Code into the existing limited
administrative waiver procedure in the City Code, and also clarifying that city
commission can likewise use the limited administrative criteria to grant applicable
waivers when considering and making final decisions on any other land use
application requiring citycommission approval such as final engineering plans; and
I. Repealing old language in the City Code regarding the site plan review board
which was previously superseded and repealed by the Chapter 9 of the City Code
related to approval of final development plans and engineering.
The details of the aforementioned changes are set forth in the attached Ordinance
and will be discussed in more detail at the City Commission meeting.
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, MAY 13, 2019 1 PAGE 3 OF 4
4. The City Attorney and City Manager are requesting that the City Commission
consider passing the Ordinance on First Reading and referring the Ordinance to the
City's Land Planning Agency/ Planning & Zoning Board for their review and
recommendation pursuant to the Community Planning Act.
RECOMMENDATION
Staff recommends the City Commission conduct a Public Hearing for consideration
of passing Ordinance 2019-09 on First Reading.
AGENDAPUBLIC HEARINGS ITEM 400 1 MONDAY, 2019
Draft: 5/08/2019—First Reading
ORDINANCE NO. 2019-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; AMENDING APPLICATION,
NOTICE, REVIEW CRITERIA, AND PROCEDURES REGARDING
SPECIAL ZONING PERMITS AND OTHER LAND USE
PERMITTING DECISIONS; MAKING CONFORMING
AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
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
; 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 sb4EeetA type indicates deletions, while asterisks (x x x)
indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in
City of Winter Springs
Ordinance No.2019-09
Page 1 of 31
Draft: 5/08/2019—First Reading
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):
Chapter 20—ZONING
ARTICLE II. - ADMINISTRATION
DIVISION 1. -PROCEDURE; LAND USE DECISIONS
Sec. 20-26. -Intent and purpose.
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 CitC .
Sec. 20-27. - City commission; authority.
(a) Unless otherwise provided in this chapter, the city commission shall render all final
decisions regarding site plans, 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 men.
(b) For applications having one or more complex relevant and material evidentiary issues or
multiple interested parties with standing_ to present relevant and material evidence, the city
commission at its discretion may appoint, or direct the city manager to appoint, an advisory
heariniz officer to conduct an evidentiary hearing required by this section on a case-by-case basis.
The advisory hearing officer shall be a member of the Florida Bar in good standing for five or
more years. The hearing officer must demonstrate satisfactory knowledge of municipal land use
and zoning law ande�procedures for quasi-judicial land use matters. Hearings conducted
pursuant to this subsection shall be noticed as required by this Division and the hearing officer
shalleg nerally conduct the hearing in accordance with applicable provisions of the city
commission's quasi-judicial procedures. The advisory hearing officer shall within a reasonable
time, not to exceed 30 days from the date the hearing is closed, submit in writing a report to the
city commission. Such report shall summarize the evidence submitted and considered and state
precisely the hearing officer's findings, conclusions and recommendations. The report shall be a
public record and shall be provided by mail and email to the applicant and any interested party_
The city commission shall consider the hearing officer's report at a public hearing. At the
hearing the applicant, interested parties and the public shall be permitted to comment on the
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 of Winter Springs
Ordinance No.2019-09
Page 2 of 31
Draft: 5/08/2019—First Reading
necessary to complete the hearing on the subject application, or the city commission maw
the application back to the hearing officer to take additional relevant and material evidence if
necessary. 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 on the
application shall be deemed final.
Sec. 20-28. -Due process; special notice requirements.
(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.
(b) Within five (5) business days of filing with the City or as soon as practicable, applications
filed under this Division shall be publicly posted on the City's website on a web page
reserved for identifying pending land use applications.
(hc) 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 any
required 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). five
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
approximately five effe—hundred€i#y 0500) feet of the subject property based on the
information contained in the property appraiser's or similar property database. In
addition, all neighborhood homeowner's associations registered with the City and
located within one-half-mile of the property shall likewise be provided notice b
mail. Said mailing shall only. b�quired for the initial public hearing and shall not be
required for hearings that are continued to a date certain by the planning & zoning
board or city commission.
(4) Posting on the city's website and social media platform.
The notice requirements set forth in subsections (1), (2), (3) and 4 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 twenty_(20) calendar day requirement.
(e) Applications regarding an existing single-family home shall be publicly noticed for at
least seven (7) calendar days prior to any required planning & zoning board or city commission
hearing, and shall not require posting of the affected propertL.
City of Winter Springs
Ordinance No.2019-09
Page 3 of 31
Draft: 5/08/2019—First Reading
Sec. 20-28.1. — Conceptual Plan Review — Non-Binding and Binding by Development
Agreement. Applicants may, at their option and sole cost and risk, submit site layout and
building elevation designs in schematic or sketch form to the city commission for a non-binding
and preliminary review as an initial courtesy to the applicant. These submittals are subject to a
more formal application process which requires the submission of more detailed plans and
specifications and requires a more detailed review and final consideration of approval by the city
commission. Comments and statements made by city officials at the preliminary review are non-
binding unless memorialized in a written agreement approved by the city commission. Cily staff
and the applicant shall only seek feedback from the commission and city staff shall not make a
formal recommendation regarding the proposed project at this time, unless the application is
accompanied by a written development agreement being proposed by city staff for the
commission's approval or during the preliminary review, a development agreement is pursued by
the city commission and the applicant. In which case, the city staff shall make a recommendation
regardingthe he application and proposed agreement. This non-binding and preliminary review
shall not be relied upon b.. t�pplicant as a final decision and shall not be construed in any
manner as creating any vested right or entitlement for the development of the subject property.
By requesting and participating in the optional preliminary review process, the applicant shall be
deemed to have read and agreed to this code provision and to hold the city and its officials
harmless for any future actions they may have taken based on the results of a preliminary review
pursuant to this section.
Sec. 20-28.2. - Pre-application Meeting. A prospective applicant, who desires to submit an
application for a development project which will require a community workshop under Section
20-29-1, shall be required to schedule and attend a pre-application meeting with the community
development department in order to discuss the application process and the proposed project.
For all other projects, it is recommended that applicants meet with the communi , development
department prior to submitting an gpplication. No person may rely upon any comment made by
any participant at the pre-application conference as a representation or implication that the
application will be ultimately approved or rejected in an.. 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, applications 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 form, and such other preliminary information deemed
necessary b, t�pplicant or city staff to describe the development concept and the potential
on and off-site impacts of the proposed development. Additionally=all applications for site
plans, rezonings, variances, conditional uses, waivers, binding development agreements
including binding conceptual plan approval, and administrative appeals 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
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(1) A general description of the relief sought under this division.
(2) A brief explanation, with applicable supporting competent substantial evidence and
documents, as to why the application satisfies the relevant criteria set forth in this
division.
(3) The name(s) of the owner(s) of the particular real property.
(4) If the applicant is other than all of the owners of the particular property, written
consent signed by all owners of the particular real property shall be attached.
(5) The legal description of the particular real property, accompanied by a certified survey
or that portion of the map maintained by the Seminole County Property Appraiser
reflecting the boundaries of the particular real property.
(6) The current and future land use and the zoning designations on the real property.
(7) For all new development, new buildings, conditional uses, existing buildings being
altered by percent or greater of the original floor area or seating_capaci . , or as
otherwise deemed applicable by the city to relevantly and competently examine an
application for compliance with the city code and the affect the proposed use will have
on neighborhood and surrounding properties, applicants shall be required to submit
with the application the following information:
a. A current up-to-date tree survey and tree preservation and landscape plan;
b. A site plan, drawn to scale, which shall indicate:
1. Building elevations illustrating all side of structures, floor plans, locations and
orientations, and landscape areas;
2. Ingress and egress, emergency access, parking locations and number of spaces,
sidewalks and pedestrian and vehicle circulation within the site;
3. If applicable, stacking/queuing of vehicles, drop off zones, truck/delivery areas,
bike rack locations, and connections to adjacent properties;
4. Paved surfaces, materials and location(s);
5. Site location diagram and legal description;
6. Signage;
7. Wetland and floodplain boundaries;
8. Screening, bufferingand nd li hg ting plans; and
9. Such other relevant information regarding_ the proposed site.
c. A parking analysis, prepared by a duly qualified expert,justif ng the proposed parking
solution;
d. An economic fiscal impact report, prepared by a duly qualified expert, in compliance
with the requirements set forth in the City's Comprehensive Plan and Code, if applicable
and required by the cites
City of Winter Springs
Ordinance No.2019-09
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Draft: 5/08/2019—First Reading
e. A traffic study and analysis, prepared by a duly qualified expert, regarding both the
estimated impact of the proposed project on the neighborhood and surrounding
properties and the established level of service on affected roads;
£ A stormwater management plan;
g. A noise study to analyze current and proposed noise levels as well as methods of sound
attenuation, if applicable and required by the city.
(8) If a 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 assignedy 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
properties and the environment.
(10) Other reasonable supporting documents to indicate intentions and/or any other items
reasonably required by the city to determine whether or not the proposed development
is in compliance with the Ci . 's Comprehensive Plan and Code.
(b) Incomplete applications will not be processed and presented to the planning & zoning board
and city commission, or if inadvertently presented to said board and city commission, the
board and city commission may require the applicant to complete the application if deemed
necessary before proceeding with final review of the application. Applicants will be
provided written notice of incomplete applications and be afforded a reasonable opportunity
to sufficiently coMplete an application before an incomplete application is deemed rejected
and returned by the city staff. If an application is deemed incomplete and the applicant 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 application withdrawn by the
applicant. Applications deemed withdrawn shall not be processed and the application fee
shall be deemed forfeited. Withdrawn applications may be refiled in complete form and
payment of the applicable application fee.
(c) All site plans, rezonings, variances, conditional uses, waivers, limited administrative waivers,
and appeals approved herein shall be binding on the use of the property. As a condition of
approval by the city commission, all development projects requiring a community workshop
pursuant to section 20-29-1 of the City Code, shall be required to be memorialized in a
bindingdevelopment agreement which shall be executed by the City and property owner. If
the applicant is a developer, the developer shall be required to execute the binding
development agreement subject to closing and acquiring the property. The agreement shall
be recorded against the property so that the terms and conditions of approval related to the
development project or conditional use shall run with the land.
City of Winter Springs
Ordinance No.2019-09
Page 6 of 31
Draft: 5/08/2019—First Reading
Sec. 20-29.1.—Community Workshop requirements.
(a) For all new commercial development, new residential subdivisions of ten (10) or more lots,
conditional uses, existing commercial buildings being altered by 50 percent or greater of the
original floor area or seating capacity and requiring a modified site plan, or development
agreements processed under section 20-28.1 of the City Code, the applicant shall be
responsible for conducting a community workshop to inform neighboring property owners of
the proposed application and answer questions relevant to the proposed application. At a
minimum, preliminary demonstrative concept plans, development schedules, and
specifications of the proposed development project such as land uses, size and height of
buildings, intensity and density, new roads, and other primary features and amenities shall be
presented to the public. The workshop shall be held in a locationeg nerally near the subject
property and shall be held in a facility that is ADA compliant. The applicant shall provide
notification by mail to all owners of property located within 500 feet of the subject property
and to all neighborhood homeowner's associations registered with the city and located within
one-half-mile of the property. The city manager or designee shall provide mailing labels to
the applicant. The applicant shall mail these notices with proper postage at least twenty—(20)
calendar days before the workshop date, and provide proof of same to the city manager or
designee. The applicant shall also provide the City with an appropriate written notice to be
published on the City's website and social media platform at least twenty (20) calendar days
before the date of the workshop.
(b) The workshop date and time shall be scheduled in coordination with the City and shall start
between 6:00 p.m. and 8:00 p.m. on a weekday or with the approval of the city manager
between 9:00 a.m. and 5:00 p.m. on a weekend. All required workshops shall be held prior to
submittal of the application with the exception that applications for a non-binding and
preliminary review, without a development agreement, under section 20-28.1 shall not
require a workshop. The applicant shall be required to schedule an additional workshop if the
initial workshop has occurred more than six months prior to submittal of the application, or
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 application.
Sec. 20-30. - Staff review.
(a) The city staff shall be required to review all applications for site plans, rezonings,
variances, conditional uses, waivers, and administrative appeals, and make written
recommendations to the planning and zoning board and the city commission as may be
required in this article. Staff recommendations shall include at a minimum the following
relevant information:
(1) background data about the subject property including, but not limited to, current future
land use and zoning designations, previous applicable development agreements, binding
City of Winter Springs
Ordinance No.2019-09
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land covenants, parcel size and dimensions, development constraints such as wetlands and
conservation areas and easements, and a map and aerial of the subject and surrounding
property;
(2) information re ag rding_adjacent and surrounding land uses;
(3) information regardingthe he applicant and proposed application request;
(4) citation and summarof gpplicable law such as cily comprehensive plan policies, city
code provisions and state and federal laws;
(5) procedural history of the proposed application and project including application
submittal dates, legal advertisements, other related pending applications, previous city
commission approvals, community workshop meetings, and planning & zoning board
recommendations;
(6) summary of relevant review criteria regardingthe he 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 city staff to analyze
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 hearing and recommendation before the city commission
considers the application.
Sec. 20-31. -Rezonings.
(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.
(d) All rezoning applications shall be reviewed for compliance with the following standards:
(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 the goals, policies and objectives of
the city's comprehensive plan including, but not limited to, the Future Land Use Map
City of Winter Springs
Ordinance No.2019-09
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and the proposed change would not have an adverse effect on the city's implementation
of theog als, policies and objectives 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 cites
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 i-S
compatible 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 change 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 ci . 's comprehensive plan or applicable master plan.
City of Winter Springs
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(16) Speculative rezoning of land is very disfavored by the City. In conjunction with a
rezoning application, the applicant shall be required to fully disclose any proposed new
development project that will be pursued b. t�pplicant if the proposed rezoning
request is approved, and all applicable application information shall be submitted for
the proposed new development project. The proposed development project shall be
deemed to have been relied on by City in reaching its decision concerning the proposed
change of zoning. Said site plan or concept plan shall be deemed to be binding on the
subject property affected by the rezoning and site plan or concept plan, and any change
of zoning shall be deemed to be granted in reliance on said site plan or concept plan,
even though said site plan or concept plan imposes greater or stricter standards on said
property than does other provisions of the City Code for the other lots, tracts, or parcels
of land in like land use classifications. Such greater or stricter standards shall be
deemed appropriate when unique or peculiar site and locational characteristics are
evident and shall be deemed to exist when such site plan or concept plan is relied upon
by the planning and zoning board and the city commission. The proposed new
development project shall be evaluated in accordance with the review criteria set forth
in this subsection and the applicable review criteria for conditional uses set forth in
section 20-33. Mitigative techniques and plans required to support any change of
zoning may be addressed pursuant to the restricted rezoning_provisions set forth in
subsection (e) and a binding development agreement.
(17) If the proposed rezoning will allow residential uses or increase the possible density
residential uses, the proposed rezoning shall not potentially cause negative impacts on
school capacity (K-12), school overcrowding (K-12), accessibility and convenience
(e.g., walking distance, travel time, private and public transportation, and quality of
route environment) to the majority of the K-12 school population projected 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 city
of Winter Springs community in sustainable manner.
(18) 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 commission including, but not limited to, any mitigative techniques and
plans required by cites
(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;
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(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 approved only for height, width, length or
area of structures; size of lots; size of yard setbacks; driveway widths; building design
standards (dimensional standards only); landscaping area requirements for vehicular use
areas; landscape buffer requirements for buffer strip areas; landscape 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 conditional use
permit in the district involved, or any use expressly necessary plication prohibited in
the district by the terms of this chapter or other applicable provision of the ci , code.
(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:
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(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.
(23) 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
applicable building and land development codes of the ci
undue hardship on the plie,
(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.
(45) 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.
(56) That the requested variance is the minimum variance from this chapter necessary to
make possible the reasonable use of the land, building or structure.
(62) 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 bindingdevelopment agreement required
by city to incorporate the terms and conditions of approval deemed by the
city commission including, but not limited to, any mitigative techniques and plans
required by city code.
(e) The following factors shall not be considered in any variance request:
(1) The presence of nonconformities in the zoning district or adjoining districts.
(2) Financial loss or business competition.
(3) Whether the propertypurchased with the intent to develop or improve the property,
whether or not it was known at the time of purchase that such development would be a violation.
Sec. 20-33. - Conditional uses.
(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.
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(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, buildingand 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
activities 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 densi1y, 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
resources.
(6) Whether the proposed use will have an adverse impact on public services, including
water, sewer, stormwater and surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities.
(7) Whether the traffic report and plan provided by the applicant details safe and efficient
means of ingress and egress into and out of the neighborhood and adequately addresses
the impact of projected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, and traffic flow through immediate intersections and
arterials.
(-78) Whether the proposed use will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood
quality.
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(9) Whether the proposed use avoids significant adverse odor, emission, noise, glare, and
vibration impacts on adjacent and surrounding lands regarding refuse collection, service
delivery, parking and loading, signs, lighting, and other sire elements.
(10) Whether the applicant has provided an acceptable security plan for the proposed
establishment that addresses the safety and security needs of the establishment and its
users and employees and minimizes impacts on the neighborhood, if applicable.
(11) Whether the applicant has provided an acceptable plan for the mass delivery of
merchandise for new large footprint buildings (greater than 20,000 square feet)
including the hours of operation for delivery trucks to come into and exist the property
and surrounding neighborhood, if applicable.
(12) Whether the applicant has demonstrated that the conditional use and associated site
plan have been designed to incorporate mitigative techniques and plans needed to
prevent adverse impacts addressed in the criteria stated herein or to adjacent and
surrounding uses and properties.
(13) If the proposed conditional use is a residential use, whether the elementary, middle and
high schools (K-12) that will be initially assigned to the residential project by the
School District at the time the city commission considers final approval 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
Springs community in sustainable manner.
(14)Whether the applicant has agreed to execute a bindingdevelopment agreement required
by city to incorporate the terms and conditions of approval deemed necessary by
city commission including, but not limited to, any mitigative techniques and plans
required by cites
Sec. 10-33.1. — Site and Final Engineering Plans.
(a) Site and final engineering_plans and the subdivision of land shall also be subject to the
technical requirements set forth in Chapter 9 of the City Code. It is the intent of this Section to
apply to applications for site and final engineering_plans and to any subdivision of land requiring
a plat, if applicable, and does not include review and approval of a lot split application.
(b) Except for single-family homes, the planning and zoning board shall be required to review
all site and final engineering plan and subdivision of land 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
City of Winter Springs
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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) Except for single-family homes, 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 Chapter 9
of the City Code and the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the site and final engineering plan and subdivision of
land, 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 plan, and other offsite impacts, is compatible and harmonious with
adjacent land uses, and will not adversely impact land use activities 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 site and final engineeringplan 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 the site and final engineering plan and subdivision of land will have
an adverse impact on the local economy, including_governmental fiscal impact, employment, and
property values.
(4) Whether the proposed the site and final engineering plan 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) Whether the proposed the site and final engineering_plan and subdivision of land will have
an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss
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 recreation, streets, public transportation, marina and
waterways, and bicycle and pedestrian facilities.
(7) Whether the site and final engineering plan and subdivision of land, and related traffic
report and plan provided b.. thepplicant, details safe and efficient means of ingress and egress
into and out of the neighborhood and adequately addresses the impact of projected traffic on the
immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow
through immediate intersections and arterials.
(78) Whether the proposed the site and final engineering_plan and subdivision of land will have
an adverse impact on housing and social conditions, includingvariety of housing unit types and
prices, and neighborhood quality.
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(9) Whether the proposed the site and final engineering plan and subdivision of land avoids
significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and
surrounding lands regarding refuse collection, service delivery, parking and loading, signs,
lighting, and other sire elements.
(10) Whether the applicant has provided an acceptable security plan for the proposed
establishment to be located on the site and final engineering_plan and subdivision of land that
addresses the safety and security needs of the establishment and its users and employees and
minimizes impacts on the neighborhood, if applicable.
(11) Whether the applicant has provided on the site and final engineering_plan and subdivision of
land an acceptable plan for the mass delivery of merchandise for new large footprint buildings
(greater than 20,000 square feet) including the hours of operation for delivery trucks to come into
and exist the property and surrounding neighborhood, if applicable.
(12) Whether the applicant has demonstrated that the site and final engineering_plan and
subdivision of land have been designed to incorporate mitigative techniques and plans needed to
prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding
uses and properties.
(13) Whether the applicant has agreed to execute a bindingdevelopment agreement required by
city to incorporate the terms and conditions of approval deemed necessary by the city
commission including, but not limited to, any mitigative techniques and plans 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 condition of this chapter (except from the list of permitted,
conditional and prohibited uses set forth in any zoning district category) if pr-epet�
(b) The planning and zoning board shall be required to review all waiver 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 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 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) In addition to the standard set f ith in pafagfaph (a) „Love, -aAll waiver recommendations
and final decisions shall also comply with the following criteria:
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(1) The applicant clearly demonstrates that the applicable term or condition clearly creates
an illogical, impossible, impractical, or patently unreasonable result related to the
proposed property and development.
(+2) The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
(23) 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.
(5-0 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.
(67) 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 commission including, but not limited to, any mitigative techniques and
plans required by cites
Sec. 20-35. -Administrative appeals.
(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 appeals are not authorized or permitted on
interpretation issues based on the following_
(1) Any order, requirement, decision, or determination made regarding code enforcement,
including notice of violations and civil citations.
(2) Acts of administrative officials pursuant to the orders, resolutions, or directives of the
city commission including development agreements.
(3) Zoning verification letters.
(4) Challenges to a development order controlled by F.S. § 163.3215.
(5) Appeals that circumvent procedures required by this chapter, including those that are
more appropriately addressed in an application for a waiver, variance, or rezoning_
(b) The followings persons shall have standing to appeal an administrative decision that is not of
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)A property owner whose property is the subject of the decision.
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(3) All owners of real property that lies within 500 feet of the property that is the subject of
the decision.
(4) Any resident, landowner, or person having a contractual interest in land in the ci . who
demonstrates a direct adverse impact from the decision that exceeds in degree the general
interest in community good shared by all persons.
(bc) Appeals shall be taken within thirty (30) calendar days after such administrative decision is
signed by the administrative official rendering the decision or is otherwise rendered in
writing. Appeals shall be J-s made by filing a written notice of appeal with the city manager
stating the name of the decision maker, date of the decision, applicable code provisions and
the specific grounds for appeal. A copy of the written decision shall accompany the written
notice of appeal and filingfUpon receipt of the notice of appeal, the city manager shall
schedule the appeal before the planning and zoning board within sixty (60) calendar days
and transmit all documents, plans, papers or other materials constituting the record upon
which the action appealed from was taken. Within twenty (20) calendar days of the filing of
a notice of appeal pursuant to this section, any person with standing may intervene and
become a party to the appeal by filing a written notice of appeal in accordance with this
section and payment of the filing fee.
(ed� The planning and zoning board shall be required to review all administrative appeals and
make a recommendation to the city commission.
(de) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the administrative appeal. If the city commission determines
that the planning and zoning board has not made a recommendation on an administrative
appeal within a reasonable period of time, the city commission may, at its discretion,
consider an application without the planning and zoning board's recommendation.
( The hearing shall be limited to the record on appeal and shall consist of oral argument by
city staff and parties with standing, each of whom mawpresented by legal counsel, and
the party challenging the administrative decision shall have the burden of proof The hearing
shall be conducted in accordance with established Florida law for quasi-judicial hearings.
The record on appeal shall consist of the following: 1, the application and accompanying
information; and 2) the written decision of the administrative official and accompanying
information. All parties may refer to provisions from the comprehensive plan, any
other city ordinance, resolution, or rule, and any federal or state statute, rule, or decision. If
any party desires to admit any additional evidence, the additional evidence shall be disclosed
to the other parties and the planning and zoning board or city commission not less than five
calendar days before the hearing. At the beginning of the hearing, planning & zoning
board or city commission shall rule on whether such additional evidence may be presented
and shall freely allow the evidence when such evidence is relevant to the issue on appeal.
(e-.g) 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
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(3) Whether the decision under review complied with applicable law, including a proper
interpretation of any provision under this chapter.
(Ib) 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 be made, and to that
end, shall have all the powers of the officers from whom the appeal is taken.
(i) An administrative appeal filed pursuant to this section stays all proceedings in furtherance of
the action appealed from, including the issuance of a building permit or development order,
unless the administrative official from whom the appeal is taken certifies in writing to the
board of adjustment after the notice of appeal is filed that, because of facts stated in the
certificate, a stay would, in the administrative official's opinion, cause imminent peril to life
and property. In such case where the administrative official makes such certification,
proceedings shall not be stayed other than by an injunction issued by a court of competent
jurisdiction
Sec. 20-36. -Expiration of conditional use,variance and waiver approvals.
(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 within 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
conditional use, variance, and waiver previously 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 property owner to reapply, under current circumstances, for said permit should
the property owner desire or need said permit.
Sec. 20-37. -Limited administrative waivers.
(a) Authorization by city manager. Waivers to the adopted land development regulations set
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) Waivers subject to administrative review and approval.
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(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; (iii) 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 by the city
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 term "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 be considered a non-final order of the city and 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 by City Commission. The city commission can use the limited administrative
criteria in subsection (b) toreplicable waivers when considering and making final
decisions on any other land use application requiring city commission approval such as
approval of final engineering plans. Such waivers are not subject to the application
requirements in subsection (c) and shall not exceed twenty percent (20%) of the applicable
requirement. However, in conjunction with the land use application requiring citX
City of Winter Springs
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commission approval, the applicant and city staff shall identify the applicable limited
waivers and address, in writing, the criteria in subsection (b). Additionally, if deemed
necessary 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 supportranting the waiver request.
DIVISION 12. - TOWN CENTER DISTRICT CODE
Sec. 20-320.-Intent.
(c) How to use this code.
(1) Review the policies and administration procedures speeifieallj applicable to the town center
as set forth ne4u ing he& �oa in the City's Comprehensive Plan and City Code including
the Town Center District Code, Chapter 9 Land Development including final engineering_plans,
subdivision of land, and aesthetic review, and Chapter 20, Article II Administration, Division 1
Procedures; Land Use Decisions regarding special zoning permits.
(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
compatible under existing conditions at the proposed location with other adjacent or nearby land
uses within the town center and any established surrounding neighborhoods.
{
of y
•
- Y
Tuscawilla Road Retail, Winter Springs Town Center
(4) Review the general provisions and other requirements which apply throughout the applicable
transect zone.
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(5) Determine which street type your lot fronts on the thoroughfare standards map.
(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.
Sec. 20-321. -Administration.
(a) Interpretation of the standards.
eemmittee undef:this division. The adopted Mastef:Plan (ineittsive of any eeenomie developmen
development fvview 60MMittee with f:egat:d to the eity's intent fet: land development in the towfl-
eetiter-. The images contained in this division 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 development.
(b) Re
vi-if,
^.�- > > >
site- peeifie mattets not delineate icrvifl.
> tisk,
eemmittee for- a fieft binding and pt:e1iminat:y fvvtiew as an initial eouAesy to the applieafit. These
metv detailed plans and speeifieations and t:eqtt4es a metv detailed tvview and final
eensidetution of appt:oval by the DRG. Comments and statements made by eity Of4eials at t
issieti. City stag alid the appkealit shall etily seek feedbaek f+effi the 66 fssfefl aft A
eity stag shall not make a f4mal fveommendation fvgat:ding the pf:oposed pf:qjeet at this time,
eity staff f6f: the eo4-:-A-4-:-A-ii s 14 ii A-in's appt:eval. in whiek ease, the eity stag shall make
City of Winter Springs
Ordinance No. 2019-09
Page 22 of 31
Draft: 5/08/2019-First Reading
e6listi-ded :D
applioant shall be deemed to have. 4-:ead and agt:eed to this eE)de pf:Ewiskm and to held the eity and
its E)W46als hafmiess f6f: any 4ttttf:e aetions they may have taken based Em the f:esttlts of a-
,-oli ttant to this seetion.
a. A t tdo site tit
0n , n „ 0 .;
e. A site�.arcan,df rddn to sealie,, whieh shall indioc&te:
> ,
7 PaFk;ng We tions and n mbe-of sp ees;
,
2 Paved sttf:faees, materials and 1.,e tion/sl•
4. Siteleeation di-agtum and legal deset:iptieH-,-a*d
5. sigffag"-
d.
;
Baf:tefi Asehman Asseeiates The Ur-ban Land lnstttteT
bttt some Ew all of the may be r-eqtt4ed by the eity, on a ease by ease basis, if th-e
ffeeess.
(e) speeiol
Cn,-;ngs Town Gonto,-, „l.,tiofis
f,-tl, ;n the City's !-'.,wpf:eh nsiye Plan and !-ode
City of Winter Springs
Ordinance No. 2019-09
Page 23 of 31
Draft: 5/08/2019—First Reading
6. The ffopesed deVelopment abides by all fttles in this eede othef: than those speeially
e*eepted. Speeial limitations apply to large foetpf:int bttildifigs (gfeatef: than twenty thousa
(20,000) sqttafe feet); see stibseetieti 20 324(9) fef these liffiitatietis.
d. The pt:epased development meets any fvasofiable additional eenditions, fvstf:ietions of:
of the Ali tet: Cv„-;„gs T.,..,,, !-'onto,-Dist:iet!'ode
e. With tvspeet to eaeh waiver- tvqttested, the speeifie waiver- shall eemply with all of the
following:
,
pt:oposed development being s 0 the 0 ,-ss fit within e town „to .
fvasonable 0 of the land, ,
tn a
o ,..
cc ccrn-r.�
p4lie heat:ing held bef6f:e the eity eemmission and shall be held fie seenef: than seven (7)
,lona.,,-days following the nl.,nn;ng and z g beat:.a he ,..Ig
eemmission shall have atithef4ty to f:eqttif:e that the applioant satisf�, any additional eenditions 4
City of Winter Springs
Ordinance No. 2019-09
Page 24 of 31
Draft: 5/08/2019-First Reading
(d) Site developnient ag-reenient optieH. The eity may enter- into a site deVeWpMeflt agfeefflefl
negetiated eeneept of design of: site plan development aitthetized ot: sanetioned by this division-1
tD
eensidefution of development amenities pr-ovided by the developen Stteh a site development
agfvement shall be adepted and be in eonfot:manee with the f:eqt4f:ements of-the FlefidA
Mttnieipal Home Rule Pewet:s Aet of: F.S. §§ 163.3220 t4eiigh 163.4243, as to effeet, ,
plans ("development agfvement") appt:Ewed by the eity e0mmissiOfl shall be billdifig OR the
sttbjeet pf:epei4y fvgar-dless of any ehanges to the Town Centef: Code. In the event that the Tow-a
Gentef: Code is amended af4ef: a development agtvemefit is appt:oved to pefmit development that
(b) In 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,
commercial development and areas constructed for public use. Standards for the town center
district follow the same guidelines as street signage that is upgraded in all other areas of the city.
In addition, the city requires 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.
Flefida, and all appfovals and land development pefmits shall be in eow'pliallee with said
Sec. 20-324. - General Provisions.
City of Winter Springs
Ordinance No. 2019-09
Page 25 of 31
Draft: 5/08/2019—First Reading
The following general provisions apply to all street types.
(9) Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000)
square feet may be built within the town center district by speeial exeeption conditional use only.
In these cases, the maximum lot width as noted in each applicable transect zone will be waived.
Such buildings must abide by all rules in this division with the following special limitations:
Sec. 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 speeia e�iee.tio 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,
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 facilities 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 eeptien 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.
Sec. 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 &Eeeptie requirements, and applicable provisions of the
city's comprehensive plan, compatibility shall be determined by satisfying all of the following
factors:
City of Winter Springs
Ordinance No.2019-09
Page 26 of 31
Draft: 5/08/2019–First Reading
Sec. 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 permit 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 permit may be transferred to a similar authorized commercial vehicle as defined in section
20-434 for the duration of any pplicable permit the speeia e*eeptie provided that a new permit
is acquired from the city and the original permit is returned to the city.
Section 2. Code Amendment. Chapter 9 of the City Code is hereby amended as follows
(underlined type indicates additions and stfikeetA type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in
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):
Chapter 9–LAND DEVELOPMENT
ARTICLE II. SUE PLAN B EVIEW
PA�IISION i GENERALLY ENE nrrv
Sees. n 326 9 340. Reserved.
PAIISION 2.SITE PLAN N AEVIE xJ-BO A AD
See.9 341. Creation.
See. 9 342. Por-pose; .
City of Winter Springs
Ordinance No.2019-09
Page 27 of 31
Draft: 5/08/2019—First Reading
The pwpose of the site plan fvview boaf:d is to efisttfv eemplianee with adepted development,
standaMs and the Code of OMinanees. The boaf:d shall be eeHTesed of the eity ,
The eity shall pt:avide the site plan tvview beaf:d stteh elerlEs, stenogtuphet:s and assistants as
site plan fvview boaf:.a shall leo kept i the tste ay of the eity eleFk
See. 9 344. Meetings-.
a meeting shall be posted on the p4lie btAletin boaf:d at the eity hall thfve (3) days befofv a
.hedt l oa meeting.
.
,
f:eplations and fees fvlatifig to site plans fiat ineensistent with the pf:ovisiens of seetions 9 34�
thf:ottgh 9 349 may be established by the eity eottfieil ffem time to time by applieable
See. 9 346. Prohibitions.
developed at: tmpt:aved by eofistf+tetien of any nat-twe withettt a site plan having been fif:S4
to e�ieeed one (1) yean Upon tveeipt of wr-itten applioation, the site plan tvview board may
FmIl and void and tie development . . �efit of any natwe may take plaee ttatil stteh time
pefmit shall be isstted by the eity ttatil the site plan has been finally appFoved by the beat:d at:th-e
See. 9 347. Duties.
City of Winter Springs
Ordinance No.2019-09
Page 28 of 31
Draft: 5/08/2019—First Reading
shall f4f:st s4mit to the site plan fvview boaf:d a site plan. Stteh site plan shall be fvviewed fef
the land A411 be pf:esef:N,ed and that the pt:ejeet site A411 be appf:opfiately landseaped a
pt:ovided within the planned pf:qjeet and that pt:ovisiofis at:e made f0f: the s a+d
s"eh boaf:a ; aeoeManee with the r tAts „fits r
eommission shall fvview the deeision of the boaf:d within fow4een (14) days and appf:ove,
See. 9 349. Penalty for- violatiow.
seetioli h e f
eommits, pat4ieipates in, assists in ot: maintains that whieh is a violation of this ot:difianee
aetion at law of: in equity as is ffom time to time fieeessaf:y, in of:def: to pfvveflt of: fvfnedy
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 permit, conditional use, zoning approval, subdivision
approval, rezoning, development order, conditional use , variance, waiver, or
City of Winter Springs
Ordinance No.2019-09
Page 29 of 31
Draft: 5/08/2019—First Reading
any other official action of local government having the effect of permitting the development of
land.
Sec. 9-501. -Definitions.
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 permitting 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 center development land use
permit process and consolidate it with the regular land use permit process contained in the City Code.
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 stfikeetit type
indicates deletions):
See Exhibit"A,"which is hereby fully incorporated herein by this reference.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts or ordinances and 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
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 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 day of , 2019.
City of Winter Springs
Ordinance No.2019-09
Page 30 of 31
Draft: 5/08/2019—First Reading
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
Legal Ad:
First Reading:
Second Reading:
City of Winter Springs
Ordinance No.2019-09
Page 31 of 31
EXHIBIT "A"
Sec. 20-323.-Permitted uses.
T1 T2 T3 T4 T5 C/P
Administrative public buildings P P P
�€ S€ S€
Adult congregate living facility
CU CU CU
S€
Advertising agencies P P
CU
Alcoholic beverage sales (package) P P
Alcoholic beverage on-premises consumption P P
Alterations and tailoring P P P
S€ �€
Amusement enterprises, private commercial
CU CU
Antique and gift shop P P P
Appliances, sales and service P P
Artists' studios P P P
S€
Automobile Repair Shops (routine service)
CU
S€ IS€
Automotive accessories sales
CU CU
Bakery, wholesale and retail P P P
Bed and breakfast inn P P P
Bicycles, sales and service P P P
Bookkeepers P P P
Bookstores, stationery, newsstands P P
Bus terminal (exclusive of bus stops)
CU
Bridal shops P P
Butcher shop, retail only P P P
Carpets, rugs and linoleum P P
Churches (with or without educational and recreational buildings and
facilities) CU I CU I CU I CU CU
Cleaners (Retail) P P P
Coin dealers P P P
Computers, hardware and software sales and service P P P
Confectionery and ice cream stores P P P
S€
Convention center P P
CU
Corner store or neighborhood convenience store without gas pumps P P P
Corner store or neighborhood convenience store with gas pumps
CU
Dance and music studios P P P
Day care centers
CU CU CU
Drug and sundry stores P P
Dry cleaner P P
�€ S€ E
Equestrian facilities
CU CU yCU
Employment agencies P P
S€ S€
Financial institutions, banks, savings and loan
CU CU
Florist and gift shops P P P
Furniture, retail, new and used P P
Gas Stations
CU CU
Grocers, retail and wholesale P P
CU
Gun shop (retail, no gun range) P P
CU
Hair, nail and tanning salons P P P
Hardware stores P P
Health food P P P
Hobby and craft shops P P P
Home occupations P P P
Hospitals and nursing homes
CU CU
Hotel P
Inn P P
Insurance P P P
Interior decorating and draperies 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
Medical clinics and laboratories P P
�€ -S€ -S€
Municipal buildings P
CU CU CU
Museums and/or cultural institutions P P
CU
S€ S€ S€ �€
Nurseries, plants,trees, etc., retail
CU CU CU CU
Offices P P P P
Paint store P P
S€ S€
Parking garages, standalone P
CU CU
Parks (public) and public recreation areas and facilities P P
Pet shops and grooming P P P
Photographic studios P P P
Physical fitness and health clubs P P
S€ S€
Post office (federal government) P
CU CU
S€
Printers, commercial
CU
S€
Private clubs and lodges P P
CU
Public restrooms P
S€ S€ S€ S€ S€ S€
Public utilities and service structures
CU CU CU CU CU CU
D r,
Drw.i#P(A I I;P
P
Quick printers P 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
Retirement homes, including independent living through assisted living
CU CU CU
Residential, single family(attached) P P P
rl€
Residential, single family(detached) P P
CU
Residential, multifamily
CU CU
Restaurants P P P
�€ S€ €
Schools
CU CU CU
Shoe repair shops P P P
Sidewalk cafes P P P
Skating rinks
CU CU CU
Snack shops P P P
Sporting goods, retail P P P
S€ S€
Stadiums and arenas
CU CU
S€ S€ S€
Swimming pools; sales, service and supplies
ICU
ICU
CU
Tailoring shops P P P
S€ S€
Taxidermists
CU CU
Theaters, not drive-ins P P
S€
Title companies P P
CU
S€ S€
Tobacco shops
CU CU
Town Center marketing and sales center P P P P
Toy stores P P P
Trail heads P P P P P P
Travel agencies P P P
Veterinary clinics (no overnight boarding) S€ S€
CU CU
Wearing apparel stores P P P
Any other similar retail store or business enterprise permitted in the relevant
transect, provided the proposed use is not specifically limited to a different
Town Center transect or some other zoning district within the city and
provided a conditional use r^^rin' ex-epti^^ is approved by the city s€ s€ s€
commission. Approved s^^ria' ^xreptie ; conditional use may be conditioned
CU CU CU CU
upon a required development agreement at the discretion of the City
Commission or as required by the City Code to address development terms
and conditions related to the approved conditional use s^^^ia' exr=ep ^^ use.
P—Permitted by right.
CU—Conditional Use.
SE SpeGiall a eption required