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HomeMy WebLinkAboutOrdinance 2006-11 Lot Splits/Replats/Plats ORDINANCE NO. 2006-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 9-10 OF THE CITY CODE RELATIVE TO THE COMPATIBILITY CRITERIA FOR LOT SPLITS, REPLA TS, AND PLATS; 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, municipalities are also granted authority to regulate the subdivision of land within its municipal borders pursuant to Chapter 177, Florida Statutes; and WHEREAS, the City Commission has previously adopted Ordinance 2005-23 which establishes detailed criteria regarding lots splits, replats, and plats; and WHEREAS, the criteria established in Ordinance 2005-23 is intended, in part, to ensure and protect the compatibility of neighborhoods when property owners seek to subdivide their property; and WHEREAS, since the adoption of Ordinance 2005-23, the City Commission has processed several applications for lot splits; and WHEREAS, based on those applications, the City Commission desires to supplement the criteria in order to provide additional minimum safeguards for established residential neighborhoods; 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. Recitals. The foregoing recitals are hereby incorporated herein by this reference. City of Winter Springs Ordinance No. 2006-11 Page 1 of 4 Section 2. Code Amendment. The City of Winter Springs Code, Chapter 9, Article I, Section 9-10 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions), while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 9. ARTICLE I. IN GENERAL * * * Sec. 9-10. General Criteria for Approval. Before any plat, replat or lot split application is approved by the city commission under this chapter, the applicant must demonstrate, and the city commission must find, that the proposed plat, replat or lot split meets the following criteria: (a) The application is in compliance with the provisions of this chapter and applicable law. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. For properties zoned residential (excluding planned unit developments and Town Center). the resulting lots must comply with the following additional minimum standard: (1) The size of each proposed lot must be equal to or greater than the average size of all lots that are located within a one thousand (1000) foot radius around the outer perimeter of the proposed lots and have the same city zoning designation as the proposed lots. The average shall be defined as the arithmetic mean and shall be determined using the average of all residential lots. excluding lots and tracts reserved for stormwater. conservation. and areas on previously approved plans designated for future development. The proposed lots shall be included in the calculation of the average. (d) The application does not create any nonconforming lots, tracts ofland or developments. (e) The application does not create burdensome congestion on the streets and highways. (f) The application promotes the orderly layout and use of land. City of Winter Springs Ordinance No. 2006-11 Page 2 of 4 (g) The application provides for adequate light and air. (h) The application does not create overcrowding of land. (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. (j) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. 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 ofthe conflict, except that prior lot split resolutions approved by the City Commission shall remain in full force and effect provided said resolutions are recorded in the public records of Seminole County prior to the effective date of this Ordinance. 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. 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. [Adoption and Signature Page Follows] City of Winter Springs Ordinance No. 2006-11 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 11 th day of September, 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: Effective Date: 08-28-06 09-11-06 09-11-06 City of Winter Springs Ordinance No. 2006-11 Page 4 of 4 F4 Orlando Sentinel THE LEGAL ADVERTISING DEPARTMENT WILL CLOSE FRIDAY, SEPTEMBER 1, 2006 Florida Statutes -Ofld be qualified to conduct audits in accordance with "Gov- ernment Auditing Stan~ dards", as adopted by the Florida Boord at Accountan- cy Audits shall be conducted in accordance with Florida Law and particularly See-' tion 218.39, Florida Statutes, and the rules of the Florid Auditor General. INotiices , ori L. McCorkle, City lerk 300 9th Street, St. Cloud, L 34769 407) 957-7334 NOTICE IS HEREBY GIV- 01 EN THAT ON 9/20/2006 AT 10:30 AM AT U-STORE-IT II #322 7200 OLD CHENEY II HWY_, IN THE CITY OF U ORLANDO, STATE OF E FLORIDA THE UNDER- D OTICE IS HEREBY GIV- N by the City Commission f the City of Winte prings, Florida, that soi om mission will hold a Pub Ie Hearing on an ordinanc ntitled as follows: n- ARD OF THE SOUTH- TY OF WINTER SPRINGS. FLORI- :\NEST CORNER OF SAID DA LOT 4a; RUN THENCE . 00004'53" E, 185.20 FEET o THE SOUTHEAST COR- ER OF SAID LOT 450; RUN THENCE S89042'45"W, 45.34 FEET TO THE SOUTHEAST CORNER OF .L.I.C. LOT 451; RUN THENCE NOoo04'31 "W, 495.25 FEET TO TH E OUTHEAST CORNER OF AID LOT 414; RUN HENCE S89048'12"W, 15.16 FEET TO THE OINT OF BEGINNING. HIS IS THE TRACT SOUTH OF 10TH STREET. ,CONTAINING 11.98 ACRES, MORE OR LESS.TOGETH- ER WITH: S.L.I.c. LOTS 19,351, 388, AND 413. STAITING AT : 818.999 Proposal packages, whic ORDINANCE NUMBER 2006-11 include evaluation criteri and instructions to propos' AN ORDINANCE OF THE CITY COM' ers, are available from th MISSION OF THE CITY OF WINTE District Manager at the ad' SPRINGS. FLORIDA, AMENDIN dress and telephone numbe ECTlON 9-10 OF THE CITY COD listed below. fLATlVE TO THE COMPATlBllIT Proposers must provide se RITERIA FOR LOT'SPlITS. RE- en (7) copies of their pr LATS. AND PLATS; PROVIDING posal to Joe MacLaren, Dis .f?M~~ Z~~~~Z~lsR~:DI~~g~: trlct Manager, 12051 UTlONS. INCORPORATION INT ; Corporate Blvd.. Orlando,. HE CODE. SEVERABILITY, AND A fJ~~mt8i~' ~e~ep~~~~I~~i 'EFFECTIVE OATE. marked on the outside ."Au; This Public Hearing will be . dlling Services . Winter! held at 6:30 P.M. on August ed at such hearln.g/ Garden Village at Fowler: 28, 2006 or as soon thereaf- . ting, such person will Groves C?m~U"nlty Dever- ter as possible in the Com- '.eed a record of the pro- opment District. Proposal., mission Chambers, City~eedings and that, for this must be received by Self!' Hall, 1126 East SR 434. Win-. rpose. such person may tember 22, 2006, 5:00.p.'!'- ter Springs, FL. 32708. Cop- ed to ensure that a verba- at the office of the Dlstrl ies of the proposed ordi- m ~ecord of the proceed- Man~ger. Pleas~ dlre.ct a nance are available in the gs IS made, whIch record questions re~ard,"g thiS N office of the City Clerk for cludes the testi.mony and tlee to the Dlstnct Manager Hnspection. Persons with dis- Ide~ce upon whICh the ap. abilities needing assistance ~I IS to b~ based, .and . . Joe MacLaren to participate in any of hlch record IS not prOVided FIShkD7~t~c~';3,~~'~~~~' Inc: these proceeCHngs should y the City of St. Cioud. (FS COR6959739 9/1/0..c.ontact the Employee Rela- 86.0105) :t tlons Department ADA Co- Look for Orlando Sentine! ~~~ic"~tg~ i~e h'i::~~ti~g ag; lmae~f~~~~n0~th W~\~a~i~ie CareerS,ullder '" " (407) 327-1800. ies Act", persons needing Sunday s paper and Ort ssistance to participate in OrlandoSentinel.com Persons are advised -that jf ny of these, proceedings everyday. Now you can::; they decide to appeal any hould contact the Secre- find the most complete'declsions made at thes ary/Clerk of the Commit- career building resourcesfmeetings/hearings, the ~ e~/Board (listed belowL in print or online, ~may need to ensure that a~t:lnor to the anytime. .eri;>atirr:! r,~cord.of lb,e pro- :286.26) WES'1".COI.."~Nvl '02 CHEVROLET MAILlBU, 36K MILES. .. ... _. .. '" _. '02 CHEVROLET SILVERAOO REG CAB. . . . . . . _ . . . . . . .. '04 CHEVROLET MALlBU, STK#4F1s94s8 . . . . . _ . _ . . . . 'OS CHEVROLET EQUINOX, LIKE NEW. . _ . . . . . . . . . . . . . '06 CHEVROLET HHR . _........................... 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ALL PRICES AND PAYMEN , ' SUMCTTO~RIOR SAL[~9IRESPONSIBLE FOR TYPOGR~ ~~ vo , ,,'~ .j __ ......,.--"~__~..:.hn;::_!:Jl.:~~ty_:~..L_:~..:_~~-'!.eL.~_._...____..._,.~......""'--.......,_.,',.,'~,_..........!'"._ ..~,';._., ....,<..' Orlando Sentinel Published Daily ~tatt Ofjfloriba} 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared Rachae 1 Wa sh i ng ton , who on oath say's that he/she is the Legal Advertising Representative of Or1ando Sentinel, a dally newspaper published at in County, Florida; that the attached copy of advertisement, being a in the matter of ORD ?006-11 in the was published in said newspaper in the issue; of Court, Affiant further says that the said Orlando Sentinel is a newspaper published at ,in said , , , County, Florida, and that the said newspaper has heretofore been continuously published in said ,',',' ',,' '.' County, Florida, each Week Day and has been entered as second-class mail matter at the post office in in said . ' ' " , , 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 pub!;cal;on ;n the sa;d newspaper. -;;t': U ~ The foregoing instrument was acknowledged before e this 1 day of September ,20~, byRachael Washington who is personally known to me and did take n o~ ' (SEAL) =I!'.:DlBE'VERtlU'.~'''I' 11:111.,............ : _ YG. SIMMONS i ~ II Cornrn# DD038m7 : ~. . Expns 3I1~ i ~ ~ . : z OF~ : , _" __ .''."..... FIctIda NoI8ry AIM.. Ine : ~J . "!'I"~ =~;. 2;:: ;::.".u.......................; NOTICE Of PUBUC HEARING CITY Of WINTER SPRINGS. flORI. DA IS HEREBY GIV. ~~T~ifhe Citv cor~f~\~ of the Cltv, 0 id Spring.s. tIO~ftrh~l~a~ ~~b- ~~~~~~no; on an ordinance ~ntitled as follows: . ORDINANCE NUMBER 2006-11 ~~rJ.I CRITERI~J:Rpt:ls.S~~~:iD:G PlATS, .. ...., Of PRIOR INeON. FOR THE R........ CES AND RESO. ~liW:..TS~~~~PORATIO~..:~ THE CODE. SEVEIWIIUTY. .... EffECTIVE DATE. This Public Hearing :~~~s~ held at 6:30 P.M. on f. 28 2006 or as soon therea ter as possible in the C~!l'y mission chaf"f:r.&.vJin' \Hall. . ,.26 Ea~L 32708.' CoP- ter s~nr~:' proposed ordi- ~cin~e are available in th~ office of the Citv CI~~~ Jfs. inspeCtion. Persons w. abilities needing .asslStan~~ \opartlCi,~~~~i~~S a sn,hV,O,U Id ~~~~cn~e Et mPI~v:5fe~~: tions Depar men 5 ia ad- ordinator,' 4it~_~ting at vance 0 lie : {A07l 327-1800. .' . 'j Persons ore advt".~n~ thev decide !?:~ese \decision~h~Ifl9S; thev meeU~ to ....sur. that a \,~~I~ record a' t. ,pro- 1i'1i'Iiiiti7ilfllcn 10- \e .~ and ev- cI 1M ,wlIili8 the idel)l;'11 U=:,.,_", ...clion app.o ' s ", ~~~J~9260 6EPT.1