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HomeMy WebLinkAboutOrdinance 2001-39 Concurrency Management Procedure ORDINANCE NO. 2001-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 9 BY ESTABLISHING A CONCURRENCY MANAGEMENT PROCEDURE FOR CERTAIN PUBLIC FACILITIES MORE FULLY SET FORTH IN THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3180, Florida Statutes, states that each local government should adopt a concurrency management system to ensure that issuance of a development order or development permit is conditioned upon the availability of public facilities and services necessary to serve new development; and WHEREAS, the City Commission desires to adopt the concurrency management system set forth herein and hereby deems this Ordinance in the best interest 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. Winter Springs Code Chapter 9, Land Development, is hereby amended as follows: (underlined type indicates additions). Article X. Concurrency Administration and Evaluation Procedure Division 1. Overview and Exemptions. City of Winter Springs Ordinance No. 2001-39 Page 1 of 16 Sec. 9-500. Purpose of Concurrency Evaluation. The purpose of this Article is to implement the concurrency provisions of the City's Growth Management Policies consistent with the provisions of Chapter 163. Part II. Florida Statutes. and applicable administrative rules. It is also the purpose of this Article to establish an ongoing concurrency evaluation system which ensures that public facilities and services needed to support development are available concurrent with the impacts of such development and that development orders and permits are issued in a manner that will not result in a reduction in the levels of service below the adopted level of service standards adopted by the City for public facilities and services. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer. solid waste. drainage. potable water. parks and recreation. and transportation facilities. unless the development permit or order is exempt from the concurrency review requirements of this Article. No development permit or order which contains a specific plan of development. including densities and intensities of development. shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this Article. 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: (a) City's Growth Management Policies. The growth management policies of the City of Winter Springs that are set forth in the City's Comprehensive Plan and land development regulations which regulate land development and established levels of service of public facilities and services. including sanitary sewer solid waste. drainage. potable water. parks and recreation. and City of Winter Springs Ordinance No. 2001-39 Page 2 of 16 transportation facilities. (b) Concurrency Certificate. A certificate issued for a specific development or property that indicates available capacity for each public facility reviewed based upon adopted levels of service standards established in this Article at the time the certificate is issued and does not guarantee capacity in the future. nor does the certificate encumber capacity for a specific period of time. ( c) Concurrency Evaluation. Evaluation by the Development Review Committee based on adopted levels of service standards to ensure that public facilities and services are available concurrent with the impacts of such development as defined in this Article. (d) Development Order. Any order granting. denying or granting with conditions an application for a development permit. ( e) Development Permit. Includes any building permit. zoning permit. subdivision approvaL rezoning certification. special exception. variance. or any other official action of the City having the effect of permitting the development of land. (t) Development Review Committee. Shall be a committee established by the City Manager to review and approve applications for the development ofland. At a minimum. the committee shall consist of the directors of utilities/ public works. community development. and parks and recreation or their designee. The City Manager or City Commission may also appoint residents of Winter Springs to serve on the committee. (g) Level of Service Standard The measurement indicating the degree of service provided by. or proposed for a facility based on operational characteristics of the facility. (h) Public Facilities and Services. Those public facilities and services for which level of City of Winter Springs Ordinance No. 2001-39 Page 3 of 16 service standards have been established in the City of Winter Springs Growth Management Policies. and are recognized in this Article. and which include (1) roads. (2) wastewater. (3) storm water. (4) solid waste. (5) potable water. (6) parks and recreation. Sec. 9-502 Application Submittal. The Development Review Committee shall be responsible for carrying out the requirements of this Article and shall make determinations regarding concurrency applications and issue certificates according to the procedures established by this Article. An application for a Concurrency Certificate shall be filed with all applications for a final development order or permit unless otherwise exempted by this Article. A preliminary review application may also be submitted for an informational and non-binding concurrency review by the Development Review Committee. All applications shall be made on a form prescribed by the City. which should require. at a minimum and as applicable: (a) Date of submittal. (b) Name. address. and telephone number of applicant and property owner. (c) Parcel J.D. number. street address. and legal description. (d) Proposed land use(s) by land category. square feet and number of units. (e) Phasing information by proposed uses. square feet and number of units. CD Existing use of property. acreage of property. name of DR 1 PUD. Subdivisions. (g) Site design information. (h) Previously issued concurrency certificates. (i) Possible limitations in the manner in which the proposed use will be conducted. including restrictions on use, resident population. density and intensity of use. City of Winter Springs Ordinance No. 2001-39 Page 4 of 16 (j) Possible limitations on the height. size. location. density or intensity of a building or other structure. (k) Possible phasing schedule. (I) Possible alternative with respect to size. number. location or nature of vehicle access points. (m) Possible increase in the amount of street dedication. roadway width. or construction of roadway improvements within street right of way. (n) Plans for the protection of existing trees. vegetation. water resources. wildlife habitat and other significant natural resources. (0) Any information regarding possible solutions or alternatives which would permit the proposed development in conformity with the requirements and intent of this Article and the City's Growth Management Policies. (p) Data and analysis relevant to the concurrency facilities and services evaluated under this Article. whereupon the Development Review Committee can conduct and make an informed concurrency determination. An application which is not technically complete shall be returned to the applicant with a correspondence detailing the deficiencies in the application. Failure to submit the required information in accordance with this Section shall result in the denial of the concurrency application. Applications deemed complete by the City shall be handled on a first-come first-served basis. Once an application is accepted by the City as complete. any changes in uses. densities and intensities for the subiect property that result in an increased capacity requirement for any concurrency facility shall City of Winter Springs Ordinance No. 2001-39 Page 5 of 16 be subiect to a new concurrency review. An application fee may be established by the City Commission by resolution. All completed applications shall be reviewed in accordance with the procedures contained in this Article. Sec. 9-503. [Reserved] Sec. 9-504 Change of Use. (a) Any change, redevelopment or modification of use shall require a concurrency evaluation under this Article, provided the proposed change, redevelopment or modification of use has more than a de minimis impact on public facilities and services than the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concurrency evaluation. Concurrency credit shall be given for the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concurrency evaluation. If the proposed change, redevelopment or modification of use has a lesser impact on public facilities and services than the previous use during the six (6) month period prior to the date of application for concurrency evaluation, then no concurrency evaluation shall be required. If no use existed on the site for the six (6) month period prior to the date of application, no concurrency credit shall be issued and the proposed use shall be subiect to concurrency evaluation. (b) The impact of such change, redevelopment or modification shall be measured in terms of level of service criteria including, but not limited to, vehicular trips per day, estimated increases in water and sewer flows, increases in resident population, increases in on-site impervious surfaces. and estimated solid waste generation. City of Winter Springs Ordinance No. 2001-39 Page 6 of 16 (c) The burden is on the applicant to provide reasonably sufficient evidence that the previous use has been actively maintained on the site during the six (6) month period prior to the date of application for the concurrency evaluation. Such evidence may include utility records. records reflecting the use sought to be proven. and other relevant documents. An occupational license is not of itself sufficient proof of a particular use. but may be used to support other evidence of a use maintained on a site. Sec. 9-505. Demolitions. In the case of a demolition of an existing use or structure. the concurrency evaluation for the redevelopment shall be based upon the net increase of the impact for the new or proposed land use as compared to the most recent land use existing prior to demolition. provided that such credit is utilized within six (6) months of the date of the issuance of the demolition permit. Such credits are non-transferrable. Sec. 9-506 to 9-509. {Reserved} Division 2. Level of Service Standards (LOS) Sec. 9-510. Introduction. The levels of service set forth in this Division 2 are intended to be the minimum levels of service which are acceptable under the City's Growth Management Policies for: (1) potable water: (2) solid waste: (3) wastewater: (4) parks and recreation: (5) storm water: and (6) transportation. The City shall monitor compliance with the minimum levels of service set forth in this Division by ensuring that public facilities and services needed to support development are available concurrent with the impacts of development. as required by law. City of Winter Springs Ordinance No. 2001-39 Page 7 of 16 Sec. 9-511. Potable Water LOS [Reserved] Sec. 9-512. Solid Waste LOS [Reserved] Sec. 9-513. Wastewater LOS [Reserved] Sec. 9-514. Parks and Recreation LOS A parks and recreation concurrency evaluation shall be required for any residential development on a citywide and per development basis. Citywide minimum levels of service for parklands shall be determine on a two level basis for community parks and neighborhood parks. In addition to the citywide minimum levels of service, new residential development shall supplement the system of neighborhood parks and recreation services by providing parklands (or fees in lieu of) consistent with the level of service criteria and requirements established for parks and recreation under the City's Comprehensive Plan and this section. (a) The parks and recreation level of service standards for community parks shall be monitored by the City through concurrency evaluations to ensure that the minimum level of service standard for citywide community parks remains at or above 1.6 acres per 1000 population. In performing the concurrency evaluation for community parks for a proposed residential development, the Development Review Committee shall determine the number of acres of community parkland which would be necessary to serve the number of citywide dwelling units existing or approved prior to the development plus the number of proposed new dwelling units. If the development satisfies the level of service standards for community parkland, then the development shall be deemed concurrent City of Winter Springs Ordinance No. 2001-39 Page 8 of 16 for community parks and a certificate shall be issued consistent with section 9-533 of this Article. If a residential development causes or continues to cause the level of service for communitv parks to be not concurrent the developer shall pay the City a fair share community parks and recreation impact fee. as established by the City Commission by resolution. All such fees collected shall be allocated and appropriated to the City's recreation budget to be expended to enhance the City's community parks system with priority given to expend such funds to acquire parkland. (b) The parks and recreation level of service standards for neighborhood parks shall be based on the application of the level of service standards established for each residential development by particular region of the City as follows: Northwest region - 5.9 acres per 1.000 population South-central region - 5.3 acres per 1.000 population Southeast region - 6.9 acres per 1.000 population In performing the concurrency evaluation for neighborhood parks and recreation for a proposed residential development the Development Review Committee shall determine the number of acres of parkland which would be necessary to serve the number of dwelling units on-site (minimum one- half (.5) acre). If such amount of parkland can be provided while meeting the level of service standards set forth in this section. then the development shall be deemed concurrent for parks and recreation. If such amount of parkland can not be provided while meeting the level of service standards set forth in this section. then the development shall be deemed not concurrent for parks and recreation and a certificate shall not be issued. However. if a development can not provide the required on-site parkland. the Development Review Committee shall permit the developer to satisfy City of Winter Springs Ordinance No. 2001-39 Page 9 of 16 the parks and recreation standard by providing a combination of on-site and off-site parkland and a fair share neighborhood parks and recreation impact fee as established by the City Commission by resolution. In such cases. the Development Review Committee shall require on-site parkland to the maximum extent feasible and practicable. off-site parkland shall be located in the same region as the proposed development. and said impact fee shall only be paid if on and off site parkland can not be provided as required herein. Any and all such fees collected shall be allocated and appropriated to the City's recreation budget to be expended for public recreational purposes and priority shall be given to expend such funds to acquire parkland. At such time the development satisfies the level of service for parks and recreation. a certificate shall be issued consistent with section 9-533 of this Article. with the condition that the necessary parkland and recreational services (including any impact fees) shall be in place or paid when the impacts of the development occur or shall be guaranteed to be in place through an enforceable development order or agreement not more than one year after the issuance of a certificate of occupancy or its functional equivalent. ( c) For purposes of determining levels of service for parks and recreation facilities within the City under this section. the term "parkland" shall mean a public or private use ofland that is dedicated or exclusively set aside as a neighborhood or community recreational area including. but not limited to. a playground. playing field. swimming pooL . tennis court. fishing hole or pier. nature traiL landscaped city square or green for the pursuit ofleisure activities. stadium. conservation area suitable for passive recreation. water sport area. or other similar type areas suitable for bona fide recreational activities. A storm water retention pond shall not be considered parkland unless the retention pond includes uplands suitable for bona fide recreational activities or incorporated by design into a bona fide recreational area (e. g.. a place to install a water fountain and littoral plantings in a park like City of Winter Springs Ordinance No. 2001-39 Page 10 of 16 setting). If a storm water retention pond is used for parkland purposes. the pond shall include abutting uplands for park purposes at least equal to the size of the pond and the pond shall not be fenced and shall be designed in a safe manner to protect the public (e.g.. gradual pond slopes). All parkland required by this Article shall be a minimum of one-half (.5) acre and have a minimum width and length of one hundred twenty-five (125) feet unless a lesser width or length is approved by the City Commission by variance. When considering a variance. the City Commission shall consider whether the requested size and dimensions of the park will provide a functional recreational area in light of the recreational amenities proposed. the recreational demands of the residential community that the recreational area is intended to serve. and the compatibility of the recreational area with the surrounding neighborhood. (d) For purposes of complying with the concurrency requirements of this section. properties zoned Town Center on June 1. 2000 shall satisfy concurrency by providing the parkland required by the Town Center Zoning Code and applicable development agreements. Sec. 9-515. Storm water LOS [Reserved] Sec. 9-516. Transportation LOS [Reserved] Sec. 9-517 to 9-529. [Reservedl Division 3. Concurrency Administration. Sec. 9-530. Development Review Committee. The Development Review Committee shall review each completed application for a concurrency certificate or preliminary review and determine. as soon City of Winter Springs Ordinance No. 2001-39 Page 11 of 15 as practicable, whether the application is sufficient. Sec. 9-531. Concurrency Review. No application shall be deemed sufficient unless it contains all information which, in the professional judgement of the Development Review Committee, is reasonably necessary to evaluate the impacts ofthe proposed development on the public facilities and services subject to review under this Article. During the review process, the Development Review Committee shall either deny, approve, or approve with conditions, the application for a concurrency certificate. Sec. 9-532. Conditional Approvals. If the Development Review Committee determines that the application can be approved with conditions, the Development Review Committee shall recommend to the city commission a written concurrency agreement. The applicant may accept the conditional approval by written concurrency agreement approved by the city commission, or the applicant may consider the application denied, in which case the applicant may appeal the denial to the city commission. When the Development Review Committee recommends and the city commission approves any conditional concurrency agreement, the city commission, with the recommendation of the Development Review Committee, may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Article, including any of the following: (a) Limit the manner in which the use is conducted, including restricting density and intensity of the use. (b) Limit the height, size, location, density or intensity of a building or other structure. ( c) Require phasing of the project. (d) Designate the size, number. location or nature of vehicle access points. ( e) Increase the amount of street dedication, roadway width, or require construction of road City of Winter Springs Ordinance No. 2001-39 Page 12 of 16 improvements within the street right-of-way. (f) Protecting existing trees. vegetation. water resources. wildlife habitat or other significant natural resources. (g) Specify other conditions to permit development in the City in conformity with the intent and purpose of this Article and the adopted City Growth Management Policies. All conditional approvals shall be incorporated in a written development agreement which shall be subiect to City Commission approval. Sec. 9-533. Concurrency Certificate. A Concurrency Certificate is a "snap shot" of available capacity for each public facility. evaluated under this Article. at the time the certificate is issued. The Concurrency Certificate does not guarantee capacity in the future or encumber or vest capacity for any period of time. At a minimum. the Concurrency Certificate shall contain: 1. Name. address. and telephone number of the applicant and property owner. 2. Parcel I.D. number and legal description. 1. Date of issuance. 4. Proposed use(s) by land use category. square feet. and number of units. i. Phasing information by proposed uses. square feet. and number of units. if applicable. 6. Total current available capacity within service area(s). L Proiect impact based on LOS Standards. A Concurrency Certificate shall expire one (1) year after issuance unless the applicant commences construction of the development under a validly issued building permit. A one (1) year extension may be granted by the Development Review Committee provided circumstances have not City of Winter Springs Ordinance No. 2001-39 Page 13 of 16 adversely diminished the capacity of public facilities and services to support the development. The development shall be subject to a new concurrencv evaluation. Division 4. Appeal Procedures. Sec. 9-540. Notice of Appeal. The applicant may appeal the denial of a certificate of concurrency by the Development Review Committee by filing with the city manager a written notice of appeal within fifteen (15) days after the date of the concurrency denial. Sec.9-541. Appeal Notice and Hearing. Upon receipt of a written notice of appeal the city manager shall schedule the matter for consideration by the city commission within thirty (30) days after the appeal is filed. The city clerk shall notify the applicant of the day of the city commission hearing at least ten (10) days in advance of the hearing. Prior to the hearing. the city manager shall provide the city commission with all information submitted to the Development Review regarding the subject concurrency application on appeal. The final decision on the concurrency application shall be vested in the city commission. The city commission shall have the right to deny. approve. or approve with conditions any concurrency application considered under appeal in conformity with the intent and purpose of this Article. Sec. 9-542. Appeal of City Commission. A final decision of the city commission on a concurrency application shall be subject to judicial review as provided by law. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the City of Winter Springs City Code and any section or paragraph number or letter and any heading may be City of Winter Springs Ordinance No. 2001-39 Page 14 of 16 changed or modified as necessary to effectuate the foregoing. Section 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of September, 2001. PAUL PARTYKA Mayor ATTEST: Andrea Lorenzo-Luaces City Clerk City of Winter Springs Ordinance No. 2001-39 Page 15 of 16 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A.GARGANESE City Attorney First Reading: Augus t 13, 2001 Second Reading: September 10, 2001 Effective Date: September 10, 2001 City of Winter Springs Ordinance No. 2001-39 Page 16 of 16 Orlando Sentinel Published Daily State of Florida S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Julia Nichols , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in Seminole County, Florida; that the attached copy of advertisement, being a NOTICE OF CONSIDER in the matter of ORD. 2001-35 in the SEMINOLE Court was published in said newspaper in the issue of 06/01/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation discount, rebate, commission or refund for the purpose of securing the advertisement for publication in the said newspaper. the foregoing instrument was acknowledged before me this 1 day of JUN, 2001, by Julia Nichols, who is personally known to me and who did take an oath. Beverly C. Simmons (SEAL) 1, NOTICE OF PROPOSE DC H ANGES TO CHAPTER 9 WINTER SPRINGS' CODE OF ORDINANCES NOTICE IS HEREBY GIV. EN THAT THE CITY COM- MISSION OF THE CiTY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR- ING FOR THE SECOND READING ON PROPOSED ORDINANCE 2001-39 'TO CONSIDER AMEND- IMENTS to CHAPTER 9 OF THE CITY CODE. r A PUBLIC HEARING.oN I THE PROPOSED ORDI- NANCE WILL BE HELD 2~ 6~WrJ.~~:nHl~,~~~ TER SPRINGS CITY I HALL. I ORDINANCE 2001.39 I AN ORDINANCE OF THE CITY COM. MISSION OF THE CITY OF WINTER i SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 9 BY ESTABLISHING A CO,NCURREN. CY MANAGEMENT PROCEDURE FOR CERTAIN PUBLIC FACILITIES MORE FULLY SET FORTH IN THIS I ~~~r~~E~=rD~V\~~D~~f:J:~ ORDINANCES AND RESOLUTIONS; I PROVIDING FOR INCORPORATION INTO THE CllDE; PROVIDING FOR SEVERABILITY; AND PROVIDING , FOR AN EFFEcnvE DATE. II A PUBLIC HEARING ON THE SE80ND READING I ~~N!: ~~~1~~ ~~Wt I TAKE PLACE AT THE i ~1l~sCP:~:Yf~IOHNAf.rA~T 11126 EAST STAtE 'ROAD 434, WINTER SPRINGS, FLORIDA. ADDITIONAL INFORMATION PERTAIN- liNG TO THE ABOVE MAY I BE OBTAINED FROM I THE OFFICE OF THE i ~:':Lt ~r2~RfAs'f\gH IROAD a~ WINTER SPRINGS, FLORIDA. FO~ MORE INFORMATION i CALL 327-1800,EXT. # 227. ,INTERESTED PERSONS 1~::RtTTEND AND BE , I PERSONS WITH DISABILI- TIES NEEDING ASSIS- I TANCE TO PARTICIPATE i t~:~1~8f s~~Dti ~~2: I TACT THE EMPLOYEE IR~LATIONS DEPART- I rfo~JS<;I~0~g~~~1:(~r04~ I THE MEETING AT (401) 327-11lOO. , I THIS IS A PUBLIC HEAR- ING. IF YOU DECIDE TO I APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COM- i' MISSION WITH RESPECT TO ANY MATTER CON- SIDERED AT THIS MEET- liNG, YOU WILL NEED A I ~~~gf~G~F AWJ. PF'bOR 'SUCH PURPOSES, YOU i ~~:TNf~~rJ~Af~URRI I CORD,OF THE PROCEED. 'iNGS IS MADE UPON i WHICH THE APPEAL IS ! TO BE BASED, I IANDREA LORENZO- I LUACES I CITY CLERK CSELMl66988 AU1L31,2oo1