HomeMy WebLinkAbout2023 01 09 Public Hearing 401 - Second Reading Ordinance 2022-12 Adopting Temporary Moratorium for Developments Requiring Construction of Stormwater Managerment and Drainage Systems • PUBLIC HEARINGS AGENDA ITEM 401
,n m=ared CITY COMMISSION AGENDA I JANUARY 9, 2023 REGULAR MEETING
1959
TITLE
Second and Final Reading and Adoption 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 second and
final 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.
Following First Reading, changes were made to the proposed ordinance per the
Commission's request to allow for preliminary review of applications.The relevant
additional language is provided below:
Section 4. Processing and Filing Applications during the Temporary
Moratorium. Applications for final engineering plans and subdivisions of land for
development requiring construction of stormwater management and drainage
26
systems under Section 9-241 of the City Code may continue to be filed and
preliminarily reviewed by city staff during the period of the temporary moratorium,
provided that the applicant files an affidavit agreeing that the applicant has waived the
limitations for processing applications set forth in Section 166.033, Florida Statutes,
and that such filing shall be at the applicant's sole risk and expense given that
amended stormwater management and drainage standards and Comprehensive Plan
policies, to the extent adopted by the City Commission, may require significant
revisions to applications. The "sole risk and expense"affidavit shall be in a form
prepared and approved by the City Attorney. However, in accordance with Section 2 of
this Ordinance and unless otherwise exempt under Section 3 of this Ordinance, no
land use application that is filed or receives preliminary staff review comments during
the period of the temporary moratorium will be scheduled for a public hearing,
recommendation, or decision by either the Planning and Zoning Board or the City
Commission until the temporary moratorium has expired.
RECOMMENDATION
Staff recommends that the City Commission consider second reading and final
approval of Ordinance 2022-12, which, proposes 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.
27
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
28
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, except as otherwise expressly provided hereunder, the City Commission
desires a temporary moratorium to be enacted to temporarily cease the filing, processing,
consideration, and decisionmaking, including holding quasi-judicial public hearings, related to
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 of the stormwater management
regulations and applicable Comprehensive Plan policies 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
City of Winter Springs
Ordinance No. 2022-12
Page 2 of 4
29
in Section 3 of this Ordinance and except as otherwise expressly provided in Section 4 of this
Ordinance. The temporary moratorium adopted herein may be extended by the City Commission
for up to an additional ninety (90) days by Resolution.
Section 3. Exemptions from Temporary Moratorium. The following 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. Processing and Filing Applications during the Temporary
Moratorium. Applications for final engineering plans and subdivisions of land for development
requiring construction of stormwater management and drainage systems under Section 9-241 of
the City Code may continue to be filed and preliminarily reviewed by city staff during the period
of the temporary moratorium, provided that the applicant files an affidavit agreeing that the
applicant has waived the limitations for processing applications set forth in Section 166.033,
Florida Statutes, and that such filing shall be at the applicant's sole risk and expense given that
amended stormwater management and drainage standards and Comprehensive Plan policies,to the
extent adopted by the City Commission, may require significant revisions to applications. The
"sole risk and expense" affidavit shall be in a form prepared and approved by the City Attorney.
However, in accordance with Section 2 of this Ordinance and unless otherwise exempt under
Section 3 of this Ordinance,no land use application that is filed or receives preliminary staff review
comments during the period of the temporary moratorium will be scheduled for a public hearing,
recommendation, or decision by either the Planning and Zoning Board or the City Commission
until the temporary moratorium has expired.
Section 5. 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 6. Penalties. Violations of this Ordinance are punishable as provided by
City of Winter Springs
Ordinance No. 2022-12
Page 3 of 4
30
Section 1-15 of the City Code of Winter Springs, Florida or other applicable Code provisions.
Section 7. 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 8. Non-Codification. This Ordinance shall not be incorporated into the
Winter Springs City Code.
Section 9. 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 10. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2023.
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
City of Winter Springs
Ordinance No. 2022-12
Page 4 of 4
31
First Legal Ad Published:
First Reading:
Second Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2022-12
Page 5 of 4
32
Orlando Sentinel I Section 2 1 Monday,December 26,2022 3
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CITY OF WINTER SPRINGS CITY OF WINTER SPRINGS
NOTICE OF ZONING TEXT NOTICE OF PUBLIC HEARING
J o k CHANGES TEMPORARY ZONING
�• NOTICE IS HEREBY GIVEN THAT MORATORIUM
THE WINTER SPRINGS PLANNING&ZONING BOARD NOTICE IS HEREBY GIVEN THAT
AND CITY COMMISSION
CJ IJLM]L1 PROPOSE TO CONSIDER THE FOLLOWING ORDINANCE: THE CITY COMMISSION
PROPOSES TO CONSIDER THE
1.ORDINANCE 2022-11. AN ORDINANCE OF INC CRY
F COMMISSION OF INC CITY OF WINTER SPRINGS,FLORIDA, FOLLOWING ORDINANCE:
PROVIDING FOR AN AMENDMENT TO CHAPTER 20 ZONING ORDINANCE 2022-12
REGULATING SELF-SERVICESTORAGE FACILITIES;PROVIDING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
FOR A DEFINITION OF SELF-SERVICE STORAGE CACERIES; OF WINTER SPRINGS,SEMINOLE COUNTY,FLORIDA;
PUZZLES ESTABLISHING SELF SERVICE STORAGE FACILHIES ASA ADOPTING A AL LIMITS
MORATORIUM WITHIN THE
CONDHIONAL USE ON CERTAIN PROPERLY DESIGNATED JURISDICTIONAL LIMITS OF THE CITY OF WINTER
C-1 NEIGHBORHOOD COMMERCIAL ON THE CITY'S ZONING SPRINGS REGARDING THE FILING, PROCESSING,
MAP WITH FRONTAGE ON STATE ROAD 419;ESTABLISHING CONSIDERATION,OR DECISION OF FINAL ENGINEERING
&GAM ES PLAN AND SUBDIVISION OF LAND APPLICATIONS
SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL FOR DEVELOPMENT REQUIRING CONSTRUCTION
LISE ON PROPERLY DESIGNATED I-1 LIGHT INDUSTRIAL OF STORMWATER MANAGEMENT AND DRAINAGE
DISTRICT;ADOPTING NEW SUPPLEMENTAL ZONING DISTRICT SYSTEMS UNDER SECTION 9-N1 OF THE CITY CODE
PlayJumble.com REGULATIONS REGARDING THE DESIGN AND OPERATION IN ALL ZONING DISTRICTS OF THE CITY;PROVIDING
OF SELF-SERVICE STORAGE FACILITIES; PROVIDING AN THAT SAID MORATORIUM SHALL BE EFFECTIVE FOR
AMENDMENT TO THE C-3 HIGHWAY 17-92 ZONING DISTRICT A PERIOD OF 90 DAYS,WITH THE OPTION FOR THE
CITY COMMISSION TO EXTEND THE MORATORIUM
TO INCORPORATE THE NEW DEHNHION OF SELF-SERVICE
FOR AN ADDITIONAL THREE MONTHS IF NECESSARY
STORAGE FACILHIES AND CLARIFYING THAT THE C-3
of TO ALLOW THE CITY COMMISSION, CITY LAND
HIGHWAY 17-92 COMMERCIAL DISTRICT IS INTENDED FOR pfpNNING AGENCY,CITY STAFF AND CITY ATTORNEY
LANDS ADJACENT TO HIGHWAY 17-92 ONLY;PROVIDING TO DEVELOP AMENDMENTS TO CHAPTER 9 OF THE
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES CITY CODE AND APPLICABLE COMPREHENSIVE PLAN
AND RESOLUTIONS, INCORPORATION INTO THE CODE, REQUIREMENTS TO ENHANCE THE STORMWATER
p , SEVERABILITY,AND AN EFFECTIVE DATE. DES IG N R EQUIREMENTS OF THE CITY;PROVIDING
FOR PENALTIES,REPEAL OF PRIOR INCONSISTENT
L THE CIN COMMISSION PUBLIC HEARING AND ORDINANCES AND RESOLUTIONS,CONFLICTS WITH
SECOND READING WILL BE HELD ON STATE AND FEDERAL LAW AND SEVERABILITY,NOW MON DAY,JANUARY 9,2023 CODIFICATION,AND AN EFFECTIVE DATE.
AT 6'dO P.M.OR SOON THEREAFTER CITY C OMMISSION SECOND READING
H
IN THE WINTER SPRINGS CIN PUBLIC EARING HALL WILL BE HELD ON
COMN CHAMBERS MONDAY,JANUARY 9,2023
LOCATED AT 1126 FASTSTATEMISSIOROAD 434,WINTER SPRINGS,FL AT 6:30 P.M.OR SOON TH EREAFIER IN THE
7 I Said ordinance may be inspected by the public at the City Clerk§ COMMISSION CHAMBERS LOCATED AT
I �pff:YYLf: Off e,Iacaed at 1126 E SR 434,Winter Springs,Florida,prior WINTER SPRINGS CITY HALL
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to the public hwurni Inkrestetl members of the public may 1126 EAST STATE ROAD 434WINTER SPRINGS FLORIDA
I� appeart the pubic hearings and be heaN �ores t to De 5 d d ...,y b p ted by Y p bl t tlne City Clerks
proposed ordinance. Off I tdat1126ESR 434 Wnt Spg Hor da pronto tlne
The Planning&Zoning- Board and City Co - rve De `T
h gs.lnt t d berg of thp bl ay appear at the
-ght t utinue or postpone hen-gs t date cerfa n wil P bl h gs and b h d M resp t t M p posed ord nonce.
re-advertising.Any person GOD decides fro appeal any decision The Planning&Zoning Board and City Commission reserve the
of De City Commission with respect to any matter considered right to continua or posyone hearirTgs ro a date..rtain wiMout
T R I B U N E� at a meetings..III a�nb of p ro cetling and,�r a_.dnamsing.A y Parson th o da�das ro appeal a y d id—d
S.h need fro ensue that record of De of tlne City Commission witln respect to any matter considered
uc purposes,may n at Fc.meetings will need a record of the proceedings and,for
U B I I S H N G proceedings is made,which record includes the estil and such purposes,may need to ensure that a verbatim record of the
evidence upon which the appeal is based. pro...dings is made,which record includes dna testimony and
Jumble Dallyvideo..uponwhi,h ma appeal is based.
SPECIAL ACCOMMODATIONS:The facility wherein the public .
Jumble Crossword Daily meeting will be held Is ecce bto the e ph Golly ha cSPECIAL ACCOMMODATIONSthe facility wherein this public
apped. m bog will be held is accessible to the physically handicapped.
Jumble Sunday In accordarce with the Americans with Disabilities Act,persons In....manna wins u,a cancans with Di-bilieas Act,parsons
Sodoku-Mahlong needing assistance m participac in any of these proceedings n dfigas t,...to parbmp.ta inanYot theca pro digs should
should contact De City Clerk of De City of Winter Springs,listed ..nt..t tlne City Clerk of tlne City of Winter Springs,listed below,at
Bubble Shooter Pro bebw,at least 48 hours prior th the meeting:Christian Gowan, 1—t 48 hoary pnorta the ting.Chostian G,,,,,City Clark,1126
Plus many more City Clerk,11261State Road 434,Wher Spugs,by klethme at Est,kR,od 434,WrE,Springs,by tel epfo L(407)327-6560 or
(407)3276560 or viae l at cgowan&wlntempringsfi.org. is email atcgo ,@slinterppringsH.o,g.
33