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HomeMy WebLinkAbout2022 12 12 Public Hearing 403 - First Reading Ordinance 2022-12 Adopting Temproary Moratorium for Developments Requiring Stormwater Management and Drainage Systems • PUBLIC HEARINGS AGENDA ITEM 403 ,n m=ared CITY COMMISSION AGENDA I DECEMBER 12, 2022 REGULAR MEETING 1959 TITLE Consideration of Ordinance 2022-12, adopting a temporary moratorium on the filing, processing, consideration, or decision of final engineering plan and subdivision of land applications for developments requiring construction of stormwater management and drainage systems. SUMMARY Staff is requesting that the City Commission conduct a Public Hearing and First Reading regarding proposed ordinance 2022-12, adopting a temporary moratorium on the filing, processing, consideration, or decision of final engineering plan and subdivision of land applications for developments requiring construction of stormwater management and drainage systems in all zoning districts of the City. The proposed moratorium is being presented in accordance with the City Commission's direction given at the October 10, 2022 City Commission meeting, in which the impact of flooding as a result of Hurricane Ian was extensively discussed. The intent of the proposed moratorium is to provide time for City Staff to work with the City Attorney and City Consultants to develop proposed amendments to the City's stormwater design requirements listed in Chapter 9 of the City Code and applicable Comprehensive Plan requirements. The proposed moratorium would be in effect for ninety (90) days with the option for the City Commission to extend the moratorium by an additional three (3) month period by resolution. The proposed moratorium ordinance contains several exemptions, as follows: A. Applications for final engineering plans and subdivisions of land which were formally filed with, and deemed complete by, the City on or before October 10, 2022. B. Applications for final engineering plans and subdivisions of land for developments that will be entirely served by a master stormwater system which previously received final engineering plan approval by the City Commission. C. Pre-application meetings. D. Applications for development which do not require permitting and construction of a stormwater management and drainage systems under Section 9-241 of the City Code. RECOMMENDATION Staff recommends that the City Commission conduct a Public Hearing and First Reading of Ordinance 2022-12. 392 �Q �S 3 Ld LU z o 1-Y ° H O A117 Z LU C ( ,,Wnn V Z LU N c •� N •� N CO LCL �N - � W Eo V o Q � W CL 0 z Q z N W Q��NGg W � z i N �AlIJ L^� (/4-''�) V 3 E o � � o U O N O ) � O U a� o � o � V CL } C s C4 M CL Li CL Li ® �a i � V y W Q oc ,, Q W N W ;�� .. . . F t� :. 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V Q 0 V Q O � N •4) '4) O � � 1 ti �p M i i W 7� A Q W M D) N of N iD000 cn Q Cy I� 3 U � dMM � Lu N No Q - cn O" o V) — > H ORDINANCE NO. 2022-12 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 FINAL ENGINEERING PLAN AND SUBDIVISION OF LAND APPLICATIONS FOR DEVELOPMENT REQUIRING CONSTRUCTION OF STORMWATER MANAGEMENT AND DRAINAGE SYSTEMS UNDER SECTION 9-241 OF THE CITY CODE IN ALL ZONING DISTRICTS OF THE CITY; PROVIDING THAT SAID MORATORIUM PERIOD SHALL BE EFFECTIVE FOR A PERIOD OF 90 DAYS, 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 DEVELOP AMENDMENTS TO CHAPTER 9 OF THE CITY CODE AND APPLICABLE COMPREHENSIVE PLAN REQUIREMENTS TO ENHANCE THE STORMWATER DESIGN REQUIREMENTS OF THE CITY; 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, Chapter 9 of the City Code allows developers to make application for site plan, final engineering plans, and subdivision of land applications within the City and establishes design requirements for required improvements, including stormwater management and drainage systems pursuant to Section 9-241 of the City Code; and WHEREAS, Section 9-241 of the City Code, consistent with applicable levels of service established in the City's Comprehensive Plan,requires all drainage facilities in the City of Winter Springs to be designed for a rainfall of a twenty-five year/twenty-four hour return period using an SCS Type II Modified rainfall distribution and establishes the twenty-five year/twenty-four hour storm as the "design storm" for the City; and WHEREAS, flooding from extreme storm events has affected many cities and communities across the country, causing billions of dollars in damages annually; and City of Winter Springs Ordinance No. 2022-12 Page 1 of 4 426 WHEREAS, the City of Winter Springs has recently experienced an unprecedented flooding event following the impact of Hurricane Ian causing significant damage to the community, and the City Commission desires the City engineer and appropriate City staff and consultants to investigate and provide proposals increasing the "design storm" standards of the City for which all drainage systems will be designed as well as any other necessary updates to the City's Comprehensive Plan and City Code to enhance the quality and capacity of drainage systems required for new development within the City for purposes of mitigating against flooding; and WHEREAS, the City Commission desires a temporary moratorium to be enacted to temporarily cease the filing, processing, consideration, and decision of final development plans and subdivision of land applications requiring construction of stormwater management and drainage systems under Section 9-241 of the City Code; 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 allows for necessary code changes and/or policy changes to be fully evaluated and/or implemented before new permitting and construction takes place; and WHEREAS, the City Commission finds that improving flood resilience by enhancing drainage facility standards for new development will protect people, buildings, infrastructure and other facilities from flooding risk and serves a compelling government interest and public purpose; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Adoption of Temporary Moratorium. Beginning on the effective date of this Ordinance and continuing for ninety (90) days thereafter, 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 final engineering plan and subdivision of land applications for development requiring construction of stormwater management and drainage systems under Section 9-241 of the City Code in all zoning districts of the City, except for such 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 City of Winter Springs Ordinance No. 2022-12 Page 2 of 4 427 the City Commission for up to an additional ninety(90) days by Resolution. Section 3. Exemptions from Temporary Moratorium. The following permit applications are exempt from the temporary moratorium: A. Applications for final engineering plans and subdivisions of land which were formally filed with, and deemed complete by, the City on or before October 10, 2022. B. Applications for final engineering plans and subdivisions of land for developments that will be entirely served by a master stormwater system which previously received final engineering plan approval by the City Commission. C. Pre-application meetings. D. Applications for development which do not require permitting and construction of a stormwater management and drainage systems under Section 9-241 of the City Code. Section 4. Recommendations for Land Development Regulations. The City Manager and appropriate staff, in consultation with the City's consultants and City Attorney, are hereby requested to evaluate the aforementioned requirements and develop and recommend, as may be deemed advisable by the City Manager and City Attorney, land development regulation amendments and/or Comprehensive Plan text amendments consistent with the direction provided hereunder. 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 City of Winter Springs Ordinance No. 2022-12 Page 3 of 4 428 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 12023. KEVIN McCANN, Mayor ATTEST: CHRISTIAN GOWAN City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2022-12 Page 4 of 4 429 Orlando Sentinel l Section 2 l Thursday,November 10,2022 5 N14WS13R1 MMM Suit by impeachment witness against Trump son and allies tossed aromnN.ssem«� TrmmpandUkrafee'slrader, Uo dl y,Zeleoskyy.Vied- WASHINGTON —A on 'd he reported his - judgeTuesdaydismissed msm a lawyer at the a law a uit that accused National SecurityCouneD. 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Director-General Todros panel. st—goreades. man atabarrier.Britain's veteran whose family fled He also argued that thr AdhamunGhebreyesussaid The shiproretarrive 1two Belgium's nationwide PA news agency reported the Soviet Union when un subpoena would be ounce- thast tlastweekjoovcr9,400 days after laun,h.d g from strike over cost-of-living thatthcponersterbooeda,d he was a child,was akcy arily duplicative and deathclinkedtothecomVi na- rginia was marled traffic shooms],"This country imp, lroeatwitersst,sti- burdensome because he vim,wec,reported to the Amongtbe8,200pouuds through much ofthe coup- builtoathebleadofsluece fying that hrtwice raised hasaheadyagreedtotest* WHO.In F>:bruary of this ofeappliecbracketsneeded ryavddisrulaedbusivessov ashewasbeivgdetained ver the Trump is front ofa congressional year,be said,weekly deaths fo...pacewalk next week workers set up picket other members of the administration's push to selectcommitteeirnestigat- hadtopped75A00globally to expand the station's lines at supermarkets and crowd tried to drown him have Ukraine investigate ivg the deadly Jae,6,2021, ThrWHochiefsaidtest- power,as well as apples, shoppivgcevters. out by chanting,"Shame Bider.After listening to attack ou the U.S.Capitol ing and sequencing rates blueberries,cheese,peanut As the uatry'sm on your'and"Godsave the the July 2019 call between and that his testimony in renainlowgloballyeavd- buterandicreceamforthe trade animas called for king" CITY OF WINTER SPRINGS CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARING NOTICE OF ZONING TEXT CHANGES TEMPORARY ZONING MORATORIUM NOTICEN &ZONING BOARD AND THE WINTER SPRINGS PLANNING&ZONING BOARD AND CITY COMMISSION NOTICE IS HEREBY GIVEN THAT PROPOSE TO CONSIDER THE FOLLOWING ORDINANCE: THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWING ORDINANCE: 1. ORDINANCE 2022-11.AN ORDINANCE OF THE CITY COMMISSION OF THE ORDINANCE 2022-12 CITY OF WINTER SPRINGS,FLORIDA,PROVIDING FOR AN AMENDMENT TO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, CHAPTER 20 ZONING REGULATING SELF-SERNCE STORAGE FACILITIES; SEMINOLE COUNTY,FLORIDA;ADOPTING A TEMPORARY MORATORIUM WITHIN PROVIDING FOR A DEFINITION OF SELF-SERVICE STORAGE FACILITIES; THE JURISDICTIONAL LIMITS OFTHE CITY OF WINTERSPRINGS REGARDING THE ESTABLISHING SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE FILING,PROCESSING,CONSIDERATION,OR DECISION OF FINAL ENGINEERING ON CERTAIN PROPERTY DESIGNATED C-1 NEIGHBORHOOD COMMERCIAL ON PLAN AND SUBDIVISION OF LAND APPLICATIONS FOR DEVELOPMENT REQUIRING CONSTRUCTION OF STORMWATER MANAGEMENT AND DRAINAGE THE CITY'S ZONING MAP WITH FRONTAGE ON STATE ROAD 419;ESTABLISHING SYSTEMS UNDER SECTION 9-241 OF THE CITY CODE IN ALL ZONING DISTRICTS SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE ON PROPERLY OF THE CITY;PROVIDING THAT SAID MORATORIUM SHALL BE EFFECTIVE FOR A DESIGNAI EU I-1 LIGHT INDUSTRIAL DISTRICT,ADOPTING NEW SUPPLEMENTAL PERIOD OF 90 DAYS,WITH THE OPTION FOR THE CITY COMMISSION TO EXTEND ZONING DISTRICT REGULATIONS REGARDING THE DESIGN AND OPERATION OF THE MORATORIUM FOR AN ADDITIONAL THREE MONTHS IF NECESSARY TO SELF-SERVICE STORAGE FACILITIES;PROVIDING AN AMENDMENT TO THE C-3 ALLOW THE CITY COMMISSION,CITY LAND PLANNING AGENCY,CITY STAFF HIGHWAY 17-92 ZONING DISTRICT TO INCORPORATE THE NEW DEFINITION OF AND CITY ATTORNEY TO DEVELOP AMENDMENTS TO CHAPTER 9 OF THE CITY SELF-SERVICE STORAGE FACILITIES AND CLARIFYING THAT THE C-3 HIGHWAY CODE AND APPLICABLE COMPREHENSIVE PLAN REQUIREMENTS TO ENHANCE THE STORMWATER DESIGN REQUIREMENTS OF THE CITY;PROVIDING FOR 1/-92 COMMERCIAL DISTRICT IS INIENDED FOR LANDSADJACENTTO HIGHWAY PENALTIES,REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 1/-92ONLY;PROVIDING FOR I HE REPEAL OF PRIOR INCONSIS I EN I ORDINANCES CONFLICTS WITH STATE AND FEDERAL LAW AND SEVERABILITY,NOW AND RESOLUTIONS,INCORPORATION INTO THE CODE,SEVERABILITY,AND AN CODIFICATION,AND AN EFFECTIVE DATE. EFFECTIVE DATE. PLANNING&ZONING BOARD PUBLIC HEARING THE PLANNING AND ZONING BOARD PUBLIC HEARING WILL BE HELD ON WILL BE HELD ON NOVEMBER 17,2071 THURSDAY,NOVEMBER 172022 AT 5:30 P.M.OR SOON THEREAFTER AT 5:30 P.M.OR SOON THEREAFTER IN THE IN THE WINTER SPRINGS CITY HALL COMMISSION CHAMBERS LOCATED AT 1126 COMMISSION CHAMBERS LOCATED AT EAST STATE ROAD 434,WINTER SPRINGS,FL WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 THE CITY COMMISSION PUBLIC HEARING AND FIRST READING WILL BE HELD ON WINTER SPRINGS,FLORIDA DECEMBER 12,2(ra CITY COMMISSION FIRST READING AT 6:30 P.M.OR SOON THEREAFTER PUBLIC HEARING IN THE WINTER SPRINGS CITY HALL COMMISSION CHAMBERS LOCATED AT 1126 WILL BE HELD ON EAST STATE ROAD 434,WINTER SPRINGS,FL MONDAY,DECEMBER 12 2022 AT 6:30 P.M.OR SOON THEREAFTER IN THE Said ordinance may be Inspected by the public atthe City Clerk's Office,located at 1126 COMMISSION CHAMBERS LOCATED AT E.SR 434,Winter Springs,Florida,prior to the public hearings.Interested members of WINTER SPRINGS CITY HALL the public may appear atthe public hearings and be heard with respect to the proposed 1126 EAST STATE ROAD 434 WINTER SPRINGS,FLORIDA ordinance. Said ordinance may be inspected by the public at the City Clerk's Office,located at 1126 E. I he Planning&Zoning Board and City Commission reserve the right to continue or SR 434,Winter Springs,Florida,prior to the public hearings.Interested members of the public postpone hearings to a date certain without re-advertising.Any person who decides to may appear at the public hearings and be heard with respect to the proposed ordinance. appeal any decision of the City Commission with respect to any matter considered at The Planning&Zoning Board and City Commission reserve the right to continue or postpone tiles,meetings will need a record of the proceedings and,for such purposes,may need hearings to a date certain without re-advertising.Any person who decides to appeal any _ decision of the City Commission with respect many matter considered at these meetings will to ensure that a verbatim record of the proceedings Is made,which record includes the need a record of the proceedings and,for such purposes,may need to ensure that a verbatim testimony and evidence upon which the appeal Is based. record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. SPECIAL ACCOMMODATIONS:The facility wherein this public meeting will be held SPECIAL ACCOMMODATIONS:The facilitywherein this public meeting will be held is accessible is accessible to the physically handicapped.In accordance with the Americans with to the physically handicapped.In accordance with the Americans with Disabilities Act,persons Disabilities Act,persons needing assistance to participate in any of these proceedings needing assistance to participate in any of these proceedings should contact the City Clerk should contictthe City Clerk of the City ofWinter Springs,listed below,at least 48 hours of the City of Winter Springs,listed below,at least 48 hours prior to the meeting:Christian Gowan,CIty Clerk,1126 E State Road 434,Winter Springs,by telephone at(407)327-6560 or prior to the meeting:Christian Gowan,City Clerk,1126 E State Road 434,Winter Springs, via email at cgowanQwinterspringsfl.org. by telephone at(407)327-6560 or via email at raowanQwinterspringsfl.org. 430