HomeMy WebLinkAbout2003 04 14 Regular H Property Land Use Change
COMMISSION AGENDA
April 14. 2003
Meeting
Consent
Information
Public Hearin2
Re2ular X
ITEM H
/Dept. /~
MGR. f-
REQUEST:
The Community Development Department - Planning Division requests a policy directive from the
City Commission regarding Noticing adjacent property owners and posting of property related to
land use changes.
PURPOSE:
The purpose ofthis Agenda Item is to clarify the City Commission's intent regarding noticing of
adjacent property owners and the posting of property related to land use changes.
APPLICABLE LAW AND PUBLIC POLICY:
FLORIDA STATUTE
Under Florida Statute, noticing is accomplished by Newspaper Advertising. The Statutes do not
require the direct noticing of adjacent property owners relating to land use changes.
WINTER SPRINGS CODE:
The Winter Springs Code addresses noticing of adjacent property owners and posting ofthe property
under consideration for and use changes related to Variance, Special Exception, Conditional Use, or
Vested Rights Special Use Permit:
Sec. 9-5. Variances
(c) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the board of
adjustment. Notice of such public hearing shall be published fifteen (15) days prior to the hearing in a newspaper of
general circulation in the county. Such notice shall also be posted fifteen (15) days prior to the hearing in three (3)
separate places in the city, and be mailed to all persons who are record owners of property within one hundred fifty
(150) feet of the subject property.
See. 20-83. Procedures
(c) All meetings for consideration of a variance, special exception or conditional use shall be noticed for at least seven (7)
days prior to the date of the meeting in the following manner:
April 14, 2003
REGULAR AGENDA ITEM H
(1) Posting the affected property with a notice of
the meeting which indicates the matter to be
considered.
(2) Posting in city hall a notice of the meeting
which indicates the property affected and the
matter to be considered.
(3) At least seven (7) days prior to the meeting,
the board of adjustment shall also notify all
owners of property adjacent to or within one
hundred fifty (150) feet of the property to be
affected of the time, date and place of the
meeting. Such letter must also indicate the
variance, special exception or conditional use
requested, and must require proof of
delivery.
Sec. 9-402. Vested rights application process.
(7)
Upon receipt of a complete application, the
city manager shall schedule a public hearing
before the planning and zoning board, which
hearing shall be held not later than thirty (30)
days after receipt of a complete application,
although said hearing may be continued at the
request of the applicant or for good cause.
Written notice of the date, time, place and purpose of the hearing shall be mailed by the city clerk to all owners of
property located within one hundred fifty (150) feet of the boundaries of the property for which vested rights are
sought, according to the latest certified tax roll. (For purposes of this article, such an owner is deemed a "party of
record"). Said notice shall be mailed not later than fifteen (15) days prior to the date of the scheduled hearing.
(a)
Application for vested rights special use
permit.
The Winter Springs Code does not address or require noticing of adjacent property owners and/or
posting of the property under consideration for land use changes related to Annexation, Rezoning,
Small Scale Comprehensive Plan Amendment, or Large Scale Comprehensive Plan Amendment.
A spreadsheet entitled "Noticing Requirements" is included as Attachment 'A' to illustrate the
different requirements for each land use action as per Florida Statute and Winter Springs Code.
FINDINGS:
April 16, 2001- Minutes City Commission Workshop
Workshop With The Planning & Zoning BoardILocal Planning Agency On The Issue or Whether The Planning & Zoning Board/Local Planning
Agency Should Review And Make Recommendation To The City Commission On Voluntary Annexation Requests From Property Owners.
. . . Commissioner Michael S. Blake stated that "I am quite concerned about the City taking the position of
actually mailing out notices to people, because that just multiplies geometrically the number of mistakes
that you can make in missing somebody, or the number of mistakes for potential lawsuits then coming
back in when somebody didn't receive the same level of notification that somebody else received."
Commissioner Blake further stated, "I do think that we ought to post properties very, very clearly, when
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April 14,2003
REGULAR AGENDA ITEM H
there is a zoning change or an application for new zoning or a land use change or an application for new
land use classification because of an annexation, if you will. It could of course happen to a property that
is already inside the City also, if there is a Rezoning or 'PUD' perhaps, which is a Rezoning, anything of
that nature. And I certainly think that this Board should take a very careful look at what type of zoning
requirements we should have and I know that many other cities do have posting requirements and some
don't. I was surprised when I found out that we don't. So, I - am very much in favor of posting
properly."
...CommissionerGennell spoke ofthe most recent sign that was posted on a property. Mr. Carrington
explained that he had made the sign in a short timeframe. Commissioner Gennell advised Mr.
Carrington about a company in her Homeowner's Association called, "Signs In A Day." Commissioner
Gennell further suggested that we use, "Some hot pink or bright orange, some kind of sign." Deputy
Mayor McLeod suggested that we utilize some of the City's other departments that have sign making
equipment.
April 23, 2001- Minutes City Commission Regular Meeting
Public Hearing For A First Reading Of Ordinance 2001-32 To Adopt A Rezoning Petition (REZ-4-2001) To Change The Zoning Map On A 6.315 Acre
Parcel From Single Family Dwelling District RC-I To Neighborhood Commercial Col. The Property Is Located On The South Side Of East Slate Road
434 At The Intersection Of Slate Road 4 I 9.
... Commissioner Blake asked, "I believe two (2) meetings ago that this Commission set forth a policy of
posting property for Rezoning. Have we complied with that?" Manager McLemore stated, "We will."
Brief discussion. Commissioner Blake stated, "When we post this property, I would hope that we will
post it in a much more effective manner than the Nursery Road property was posted, and not only out on
the 434 side, but on the back ofthe property where Shore Road abuts to it also, where the residential uses
are. "
Regarding the posting of property, Commissioner Blake stated, "My concern is at this point, as we are
talking about a Rezoning is that the property is effectively posted to notify all other interested parties that
go by the property or might live near the property, that there is a Rezoning applied for and on the
Agenda, for this property, so that they will have ample notice so that they may come in under the Public
Hearing and make comments, if they so desire." Commissioner Blake further stated, "My fmal point is I
just wanted to make sure that we understand that ifthe Commission decided that we are going to post
these properties, to make sure that we get that done, as well."
Mayor Partyka added, "City Manager, I believe that position was stated by the Commission at the last
Commission meeting and you have it right. Your intent, or the intent of this Commission is to post those
properties; and you're going to be doing that. Okay? In a practical fashion." Manager McLemore
stated, "Rezonings, okay." ...
August 13, 2001- Minutes City Commission Regular Meeting
Related to Proposed Administrative Rezoning (REZ"{)5-2001) of the Moss Woods Apartments Property from C-2 to R-3
"Mr. Carrington advised the Commission that "Our Ordinance does not require notification, but the
City Commission has directed the Staff to post all properties for Rezoning." ... "If you wish for us to
notify the adjacent property- owners, we can do that, but we are not required under the Code to do
that. That's really up to the Commission."
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April14,2003
REGULAR AGENDA ITEM H
. Commission Meeting Minutes indicate
that non-unanimous directives were
made for posting of property but these
did not include noticing adjacent
property owners. A policy needs to be
solidified by the Commission.
. Since the Commission's 'directive' in
April 2001, the Public Works Shop has
constructed (2)- 4' x 8' Yellow
Plywood Signs for posting properties.
. These signs have been utilized on a
subject parcels to announce Public
Meetings, Planning & Zoning Board
Meetings, Board of Adjustment
Meetings, and City Commission Public
Hearings related to Rezoning,
Annexation, Future Land Use Change,
and applications for Conditional Use.
Currently the City has two of these
signs. A policy needs to be solidified
by the Commission.
Clarification is needed from the
Commission on posting properties
where administrative action on
multiple adjacent and non-adjacent
parcels are under consideration for a
land use change.
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CONSIDERATIONS:
Florida Statute does not address noticing of adjacent property owners related to municipal land use
actions.
The Winter Springs Code requires noticing of adjacent property owners within 150' for the following:
Vested Rights Special Use Permit
Variances related to Platted Property and Land Development
Variances and Special Exceptions and Conditional Use
The Winter Springs Code does not require noticing of adjacent property owners for:
Rezonings
Annexations
Small Scale Comprehensive Plan Amendments
Large Scale Comprehensive Plan Amendments
Ordinances
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April 14, 2003
REGULAR AGENDA ITEM H
The process of sending certified letters to property owners within 150' of the property under
consideration is costly in terms of staff time and in real postage. One certified letter costs $4.41. It is
not uncommon to have a dozen or more letters related to a single parcel. A half day of stafftime can be
easily consumed in this process.
Requiring additional notification by mail to adjacent property owners subjects the process to potential
error and lawsuit by making the process more convoluted than required by either Florida Statute or the
City Code.
STAFF RECOMMENDATION:
Notification of Adiacent Property Owners
Notification of Adjacent Property Owners within 150 feet of a property under consideration for land
use action will be required only as currently addressed in the Winter Springs Code, i.e. in situations
where the property is being considered for a Variance, Special Exception, Conditional Use, or
Vested Rights Special Use Permit.
Staff recommends the following policies be added to the City Code or Charter as applicable:
For purposes of notification of adiacent property owners. Measurement of Distance (Clarification)
Within 150 Feet. Measurement shall be made in a straight line without regard to intervening structures
or obj ects, and distance measurement shall be from the parcel's property line, outward 150 feet, without
regard to streets, public rights-of-way, or easements.
Posting of Property
Variances, Special Exceptions, Conditional Use Actions, and Ordinances related to a specific parcel or
parcels of land shall be posted by signage notifying the public of the proposed action under
consideration. The posting shall be installed a minimum of seven (7) days prior to date of the Meeting
or Public Hearing. The signage shall be located in a highly visible area, adjacent to an adjoining street,
and shall be 4' x 8' in dimension and easily legible from a distance. A property (or multiple adjacent
properties) with more than 1000 linear feet of street frontage shall require one sign per 1000 linear feet
of frontage. Actions involving multiple parcels which are not adjacent, shall require a minimum of one
sign at each location.
ATTACHMENTS:
A. Noticing Requirements per Winter Springs Code and Florida Statute
COMMISSION ACTION:
S: \dept - Community Development\Planning\041403 _Regular _ H _ Noticing_ Directi ve.doc
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April 14, 2003
REGULAR AGENDA ITEM H
ATTACHMENT "A"
Noticing Requirements
per Winter Springs Charter & Code and Florida Statute
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NOTICING REQUIREMENTS ol) ~1O <ie <ie w
per Winter Springs Charter & Code and Florida Statutes ll.lO :Ell. :Ell. Z a:ll.
Meetings (WS 9-344) 3 DAYS PRIOR
Develo(lment Agreement (FS 166)
All Affected All Affected
Property Owners Property Owners 7 DAYS PRIOR (ine LPA)
Develo(lment Agreement (FS 163.3225) Prior to 1st PH Prior 10 151 PH 10 each PH 2
within 150'
Vested Rights S(lecial Use Permit (WS 9-402) 15 DAYS PRIOR P&Z
within 150'
(3 places in Cny) 15 DAYS PRIOR
Variances- Plaited Property I Land Devlpmt (WS 9-5) 15 DAYS PRIOR 15 DAYS PR'OR PROOF OF DElIVERY 15 DAYS PRIOR BOA
within 150'
7 DAYS PRIOR
Variances, S(lecial Exce(ltns, & Conditnl Use 7 DAYS PRIOR 7 DAYS PRIOR PROOF OF DElIVERY BOA
eNS 20-83)
30 DAYS
Ordinances (FS 166.041) (City Charter Section 4-15) AfTER 1ST REAOING 2
Applicant Initiated (FS 166.041 (3)(a)) 10 DAYS PRIOR
toAdo~ 2
City Initiated (FS 166.041 (3)(e)) 30 DAYS PRIOR 30 DAYS PRIOR less than 10 Ac. a .1
ore than 10 At 1;1 2
15 DAYS PRIOR
Rezonina (WS 20-59 relates to P&Z Recommendations) 15 DAYS PRIOR" 15 DAYS PRIOR" 10 PH P&Z
Applicant Initiated (WS 20-102 (h))(FS 166.041(3)(a)) 10 DAYS PRIOR
~Uon 2
City Initiated- Less than 10 Acres (FS 166.041(3)(e)) 30 DAYS PRIOR 30 DAYS PRIOR
.1
City Initiated- Greater than 10 Acres (FS 166.041(3)(e) 1 o".YS Prior l~ Reading
~OA.YSPriol2ndReadlng 2
Annexation (FS 171) P&Z
Applicant Initiated ... 2 Urnes in
2 consecutive wks
City Initiated
Small Scale Com(l Plan Amendment (FS 163.3187 or) 166.041(3)(e)
Applicant Initiated 10 DAYS PRIOR
.1 CC
City Initiated- Less than 10 Acres 30 DAYS PRIOR
.1 CC
LPA PH prior to
recommend to C C
~ge Scale Como Plan Amendment (FS 163.3184(15) & 166.041 (3)(e) (WS 15-37)
Applicant Initiated I 10A.YSPri<<1slRNCling
5o,..VSPrioI2ndRWIding 2 CC
City Initiated- Greater than 10 Acres 30 DAYS PRIOR 70AVSPriorlslR~
5 OA VS Prior 2nd RudIng 2 CC
. City Charter requires two readings before the City Commission. 30 days posting in City Hall after 1st Reading
.. 3 conspicuous places throughout the City
... Also copy Board of County Commissioners via Certified Mail
DOES NOT INCLUDE NOTICING RELATED TO CODE ENFORCEMENT, ASSESSMENTS, ETC.
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