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HomeMy WebLinkAboutOrdinance 2004-04 Official Zoning Map ORDINANCE NO. 2004-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING; PROVIDING PROCEDURES FOR UPDATING AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF WINTER SPRINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission 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 has the police power to establish comprehensive zoning districts and regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); 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 true and correct and are fully incorporated herein by this reference. Section 2. Code Amendments. Sections 20-1OJ and 20-102 of the City of Winter Springs Code are hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in 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): ARTICLE III. ESTABLISHMENT OF DISTRICTS. DIVISION 1. GENERALLY Section 20-101. Division of city. City of Winter Springs Ordinance No. 2004-04 Page 1 of7 In order to classify, regulate and restrict the uses of land, water, buildings and structures, and to regulate and to restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the corporate areas of the city is divided into districts as provided in this Article III. Section 20-102. Official Zoning Map, Working Maps and Procedures. (a) Official zoning map adoption. The city is hereby divided into zones, or districts, as shown on the official zoning map, which, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this chapter. A copy oft+he official zoning map shall always be available for 6fi public inspection display in the city hall and shall be the final authority as to current zoning status of lands, buildings and other structures in the city. The official zoning map shall be identified by the signature of the mayor and the attestation by the city clerk, bearing the seal of the city appearing under the following inscription: "This is to certify that this is the Zoning Map referred to in section 20 102 of the Code of Ordinances of the City of Winter Springs, Florida." (b) Official zoning map description. The official zoning map shall consist of an electronic color-coded map of the entire city, Each individual color on the official zoning map shall represent a separate and distinct zoning classification. (c) Official zoning map update and annual approval. The community development department- planning division shall oversee the maintenance of the official zoning map. It shall be the division's duty and responsibility to keep the zoning map up- City of Winter Springs Ordinance No. 2004-04 Page 2 of7 to-date. Maps shall be updated within ten (10) days following the adoption by the city commission of an ordinance rezoning real property. In addition, the update shall include adding to the map's database, a reference to the ordinance adopting the rezoning. A copy of the official zoning map shall be presented annually to the planning and zoning board for review. During the review, the board shall review the map for accuracy and situations where an administrative rezoning may be appropriate. Upon completion of the review, the planning and zoning board shall issue a report to the city commission pointing out any inaccuracies in the map and any properties which may be considered for an administrative rezoning. The city commission shall review the planning and zoning board's report and make such decisions that are necessary to update the city's official zoning map. updated in a permanent fashion eaeh year by changing the color of the rezoned area and by placing thereon an identi fication number placed on a sheet of paper to be permanently affixed in the lO',ver right hand comer of the official zoning map. Any unauthorized change to the city's official zoning map of whatever kind by any person or persons shall be considered a violation of this chapter and punishable under Section 1-15 of the city code. City of Winter Springs Ordinance No. 2004-04 Page 3 of 7 (d) Rezoning application; procedures; standards of review. Any party may request consideration for rezoning by submitting a completed Rezoning Application to the Community Development Department- Planning Division, along with the items required to be supplied at time of application, including payment of any associated fees as established by resolution or ordinance of the city commission. After the application is submitted, the planning and zoning board shall review the application at its next regularly scheduled meeting and shall forward its recommendations to the city commission. Subsequent to receiving the recommendations of the planning and zoning board, The city commission shall determine whether it approve, approve with conditions, or deny the rezoning application. 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 city's comprehensive plan including, but not limited to, the Future Land Use Map and the proposed change would not have an adverse effect on 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 City of Winter Springs Ordinance No. 2004-04 Page 4 of7 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; (9) The proposed rezoning change will not seriously reduce light or air to adiacent 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 adiacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city. (e) Provisions for restrictive rezonin2;s. 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 subiect to restrictions provided such restrictions do not confer any special privilege upon the owner or subiect 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 maior arterial roadways; City of Winter Springs Ordinance No. 2004-04 Page 5 of7 (4) Height limits more restrictive than otherwise permitted in the district; (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. Section 3. 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 4. 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. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida and as provided by the City Charter. City of Winter Springs Ordinance No. 2004-04 Page 60f7 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26th day of January ,2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: First Reading: January 12, 2004 Second Reading: January 26, 2004 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2004-04 Page 7 of7 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , 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 IS HEREBY in the matter of Ord 2003-39;Ord 2003-43;Ord 2004-01; Ord 2004-04 in the SEMINOLE Court was published in said newspaper in the issue; of 01/15/04 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 any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 15 day of Jan , 2004, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons PROPOSES TO ADOPT THE FOL LOWING ORDINANCES TO THE WINTER SPRINGS CODE OF ORDI NANCES: Notice of Amendment of Section 281. Dumpster Enclosure Screening ORDINANCE NO. 2003-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CITY CODE SECTION 9-281, MINIMUM SCREENING REQUIRE- MENTS FOR DUMPS- TERS, TO PERMIT EXIST- ING DUMPSTERS TO BE ENCLOSED BY VINYL SCREENING MATERIALS APPROVED BY THE CITY: TO GRANDFATHER EXISTING DUMPSTERS FROM THE ZONING SET. BACK REQUIREMENTS GENERALLY APPLIED TO ACCESSORY BUILD- INGS AND STRUCTURES: PROVIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS: IN- CORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Notice Establishing Minimum Com- munitv Appearance and Aesthetic Review Standards ORDINANCE NO. 2003-43 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING CHAPTER 9, LAND DEVELOPMENT, BY CREATING ARTICLE XI, ESTABLISHING MINI- MUM COMMUNITY AP- PEARANCE AND AES- THETIC REVIEW STANDARDS FOR COM. MERCIAL, INDUSTRIAL, INSTITUTIONAL, MULTI. FAMILY, AND RESIDEN- TIAL SUBDIVISION LAND DEVELOPMENT PRO. JECTS: REPEALING SEC- TIONS 20-475 AND 20-491 OF THE WINTER SPRINGS CODE REGARD. ING STATE ROAD 434 DE- SIGN REVIEW: PROVID- ING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO- LUTIONS, INCORPORA- TION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Notice Amending Stormwater Management Utility ORDINANCE NO. 2004-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 19, ARTICLE V,OF THE: CITY CODE OF ORDINANCS ENTITLED STORMWA TER ,.MANAGEMENT UTILITY: PROVIDING PURPOSE AND INTENT: PROVIDING AN AMEND- ED RATE STRUCTURE: PROVIDING POWERS AND DUTIES OF THE AD- MINISTRATIVE OFFI- CIAL: PROVIDING PRO HIBITED ACTS PROVIDING FOR INSPEC TIONS, MONITORING, AND COMPLIANCE PRO- VIDING. FOR ENFORCE- MENT AND PENALTIES; PROVIDiNG FOR THE RE PEAL OF PRIOR INCON SISTENT ORDINANCES AND RESOLUTJONS, IN- CORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Notice of Amendment of Section 20-101 and Section 20-102, Official Mapping & Rezoning Procedures ORDINANCE NO. 2004-04 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING:PROVI DING PROCEDURES. FOR UP- DATING AND MANAGING THE OFFICIAL ZONING MAP OF THE CITY OF WINTER SPRINGS: PRO- VIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS, IN- CORPORATION INTO THE CODE, SEVERABILTIY, AND AN EFFECTIVE DATE PUBLIC HEARINGS FOR THE 2ND AND FINAL READING ON THE PRO- POSED ORDINANCES WILL BE HELD ON MONDAY, JANUARY 26, 2004 AT 6:30 P.M. OR SOON THER. EAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WIN- TER SPRINGS CITY HALL 1126 EAST STATE ROAD 434; WINTER SPRINGS,. FLORIDA Interested parties are ad- vised that thev may appear at the meeting and be heard with respect to the proposed ordinances. The proposed ordinances mav be Inspect- ed by interested parties be- tween 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, lo- cated at 1126 East State Road 434, Winter Springs, Florida. For more Informa- tion call (407) 327-1800 #227. Persons with disabilities needing assistance to partic- ipate In any of these pro- ceedings should contact the Emplovee Relations Depart. ment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This Is a public hearing. If you decide to appeal any recommendation/decision made by the City Commis- sion with respect to anv matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba- tim record of the proceed- Ings Is made upon which the appeal Is based. CSE5438136 1/15104