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HomeMy WebLinkAbout2006 05 22 Public Hearing 203 Third Reading Ordinance 2006-03 COMMISSION AGENDA ITEM 203 Consent Informational Public Hearing X Regular May 22. 2006 Meeting Mgr./Att./Dept. REQUEST: The City Attorney requests that the City Commission adopt on third reading Ordinance 2006-03 providing standards and criteria for limiting residential densities of future development projects within the City of Winter Springs. PURPOSE: The purpose of this ordinance is to establish standards and criteria in the Zoning Code for limiting residential densities of future development projects within the City of Winter Springs APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Chapter 20, Zoning, City Code. 3. Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993). The Florida Supreme Court held that, in part, that a property owner is not entitled to the maximum residential densities which are set forth in the comprehensive plan and the local government has the discretion to limit the density below the maximum allowed under the comprehensive plan so long as some development is approved consistent with the comprehensive plan and the decision is based on competent substantial evidence. Page 1 of 3 CONSIDERATIONS: 1. The City's Comprehensive Plan provides for maximum residential densities that are allowed in various future land use designations established in the Future Land Use Element. 2. Pursuant to the Snyder case cited above, property owner's are not entitled to the maximum densities allowed in the Comprehensive Plan. 3. Some of the zoning categories that are established in the City's zoning code either provide no residential density maximum cap or provide a not to exceed residential density cap consistent with the City's Comprehensive Plan. In some cases, the residential densities are established by the city commission in accordance with a conditional use request or as part of a planned unit development. 4. Although the City Commission has the right under the current City Code and Snyder to limit residential densities for a particular project, the City Commission directed that the City Attorney prepare an Ordinance that supplements, and clarifies, that authority consistent with the previous experiences and decisions of the City Commission. 5. In instances under the City Code where establishing residential densities is discretionary, the proposed Ordinance supplements, and clarifies, that the City Commission shall establish the residential density on a project-by-project basis using the supplemental standards and criteria set forth in the proposed section 20-419. 6. The standards and criteria are as follows: (1) The proposed residential density shall be consistent with the City's Comprehensive Plan. (2) The proposed residential density shall be compatible and in harmony with the surrounding existing and planned uses. (3) Adequate programmed city services exist to accommodate the proposed residential density including, but not limited to, water, sewer, reuse, solid waste, parks and recreation, and police and fire protection. (4) The proposed residential density shall leave ample green and open space on the subject property in order to avoid overcrowding and congestion of residents, to provide sufficient on- site recreational and leisure amenities, and to provide an aesthetically pleasing and livable development project. (5) The proposed residential density shall not result in the overcapacity of the Seminole County School System. (6) The proposed residential density shall not be contrary to any adopted economic development objective of the City. Page 2 of 3 7. In addition to the standards and criteria for establishing residential densities, the residential density of a particular project will also be affected by applicable provisions of the Comprehensive Plan and the City Code including, but not limited to, site plan and final engineering procedures, zoning bulk regulations such as set backs and height limitations, and conservation policies. STAFF RECOMMENDATION: The City Attorney recommends adoption of Ordinance No 2006-03 on Third Reading. Ordinance No. 2006-03 was approved by the City Commission on First Reading at the April 24, 2006 Commission Meeting and at the May 8, 2006 meeting. ATTACHMENT: Ordinance No. 2006-03. COMMISSION ACTION: The City Commission has previously directed that the City Attorney prepare an ordinance supplementing and clarifying the City Commission's right to establish residential densities for particular residential development projects. Page 3 of 3 ORDINANCE NO. 2006-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING SECTION 2-419 OF THE CITY CODE WHICH SHALL PROVIDE SUPPLEMENTAL STANDARDS AND CRITERIA FOR LIMITING RESIDENTIAL DENSITIES WITHIN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, ofthe State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Comprehensive Plan of the City of Winter Springs currently establishes maximum residential densities for the various future land use designations within the City; and WHEREAS, several zoning district categories which permit residential uses within the City either have no residential density caps or establish maximum residential density caps consistent with the City's comprehensive plan; and WHEREAS, pursuant to the Florida Supreme Court's decision in Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993), a property owner is not entitled to the maximum residential densities which are set forth in the comprehensive plan and the local govermnent has the discretion to limit the density below the maximum allowed under the comprehensive plan so long as some development is approved consistent with the comprehensive plan and the decision is based on competent substantial evidence; and WHEREAS, consistent with Snyder and the conditional use and the planned unit development standards set forth in the City Code, the City Commission has established residential densities on a project-by-project basis when applicants have proposed single-family projects and multi-family projects; and WHEREAS, the City Commission desires to clarify, supplement and strengthen its authority to reduce residential densities in instances where the City Code does not expressly provide a density cap or where the City Code only establishes a maximum residential density cap; and City of Winter Springs Ordinance 2006-03 Page I of 4 WHEREAS, in accordance with the police and home rule powers vested in the City and Snyder, the City Commission has the right to establish residential densities that are in the best interests of the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe 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. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, is hereby amended to create a new section 20-419, as follows: (underlined type indicates additions and sttikcout type indicates deletions while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 20, Zoning. 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). CHAPTER 20 ZONING. * * * ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Division 1. Generally. * * * 20-419. Limitations on Residential Densities. ( a) This section is intended to be supj>lemental. and in addition to. any other provision of the City Code relative to establishinl! the residential density of all development proiects within the City. It is also the intent of this section to grant the city commission the maximum authority to establish residential densities on a proiect-by-proiect basis under the criteria and standards set forth in this section. In the event of any conflict between the residential densities established by this section and any other applicable orovision of the citv code. the lowest residential density shall apply. City of Winter Springs Ordinance No. 2006-03 Page 2 of 4 (b) In cases where the applicable zoning district classification of a property does not provide a specific residential density cap or establishes a maximum residential cap. the residential density for a specific development proiect shall be established by the city commission on a proiect-by-proiect basis pursuant to the following standards and criteria: (I) The proposed residential density shall be consistent with the City's Comprehensive Plan. (2) The proposed residential densitv shall be compatible and in harmony with the surrounding existinl$ and planned uses. (3) Adequate programmed city services exist to accommodate the proposed residential densitv including. but not limited to. water. sewer. reuse. solid waste. parks and recreation. and police and fire protection. (4) The proposed residential density shall leave ample green and open space on the subiect prooerty in order to avoid overcrowding and congestion of residents. to provide sufficient on-site recreational and leisure amenities. and to provide an aesthetically pleasing and livable development proiect. (5) The proposed residential density shall not result in the overcapacity of the Seminole County School System. as provided in any applicable Interlocal Agreement between the City and the School District. (6) The proposed residential density shall not be contrary to any adopted economic development objective of the Citv. (c) Any residential density established by the city commission under this section for a particular property shall become the maximum residential densitv allowed for that property. subiect to possible further reduction in density due to site plan. final engineering. and conservation requirements and constraints. * * * Section 3. 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 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 City of Winter Springs Ordinance No. 2006-03 Page 3 of 4 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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 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 , 2006. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Third Reading: April 24, 2006 May 8, 2006 May 22, 2006 Effective Date: May 22, 2006 City of Winter Springs Ordinance No. 2006-03 Page 4 of 4 ORDINANCE NO. 2006-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING SECTION 2-419 OF THE CITY CODE WHICH SHALL PROVIDE SUPPLEMENTAL STANDARDS AND CRITERIA FOR LIMITING RESIDENTIAL DENSITIES WITIDN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the City 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 Comprehensive Plan of the City of Winter Springs currently establishes maximum residential densities for the various future land use designations within the City; and WHEREAS, several zoning district categories which permit residential uses within the City either have no residential density caps or establish maximum residential density caps consistent with the City's comprehensive plan; and WHEREAS, pursuant to the Florida Supreme Court's decision in Brevard Countyv. Snyder, 627 So. 2d 469 (Fla. 1993), a property owner is not entitled to the maximum residential densities which are set forth in the comprehensive plan and the local government has the discretion to limit the density below the maximum allowed under the comprehensive plan so long as some development is approved consistent with the comprehensive plan and the decision is based on competent substantial evidence; and WHEREAS, consistent with Snyder and the conditional use and the planned unit development standards set forth in the City Code, the City Commission has established residential densities on a project-by-project basis when applicants have proposed single-family projects and multi-family projects; and WHEREAS, the City Commission desires to clarify, supplement and strengthen its authority to reduce residential densities in instances where the City Code does not expressly provide a density cap or where the City Code only establishes a maximum residential density cap; and City of Winter Springs Ordinance 2006-03 Page 1 of 4 WHEREAS, in accordance with the police and home rule powers vested in the City and Snyder, the City Commission has the right to establish residential densities that are in the best interests of the City; 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. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, is hereby amended to create a new section 20-419, as follows: (underlined type indicates additions and suikcotlt type indicates deletions while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 20, Zoning. 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). CHAPTER 20 ZONING. . * . ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Division 1. Generally. . . * 20-419. Limitations on Residential Densities. (a) This section is intended to be sup.,plemental. and in addition to. any other provision of the City Code relative to establishin~ the residential density of all development projects within the City. It is also the intent of this section to vrant the city commission the maximum authority to establish residential densities on a Droiect-by-project basis under the criteria and standards set forth in this section. In the event of any conflict between the residential densities established by this section and any other applicable provision of the city code. the lowest residential density shall apply. City of Winter Springs Ordinance No. 2006-03 Page 2 of 4 (bj In cases where the ap.,plicable zoninsz district classification of a property does not provide a specific residential density cap or establishes a maximum residential cap. the residential density for a specific development proiect shall be established by the city commission on a proiect-by-proiect basis pW'Suant to the followin~ standards and criteria: (1) The proposed residential density shall be consistent with the City's Comprehensive Plan. (2) The proposed residential density shall be compatible and in harmony with the surroundini existing and planned uses. (3) Adequate ~rogrammed city services exist to accommodate the proposed residential density including. but not limited to. water. sewer. reuse. solid waste. parks and recreation. and police and fire protection. (4) The proposed residential density shall leave ample lp'Cen and open space on the subiect property in order to avoid overcrowding and congestion of residents. to provide sufficient on-site recreational and leisure amenities. and to provide an aesthetically pleasing and livable development proiect. (5) The proposed residential density shall not be contrary to any adooted economic develooment obiective of the City. (c) Any residential density established by the city commission under this section for a particular propertv shall become the maximum residential density allowed for that property. subiect to possible further reduction in density due to site olano final engineering. and conservation requirements and constraints. *** Section 3. 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 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. City of Winter Springs Ordinance No. 2006-03 Page 3 of 4 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 pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a.regular meeting assembled on the 22nd day of May . 2006. . JOHN F. BUSH, MAYOR ATTEST: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Third Reading: April 24, 2006 May 8, 2006 May 22, 2006 Effective Date: May 22, 2006 City of Winter Springs Ordinance No. 2006-03 Page 4 of 4