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HomeMy WebLinkAbout2009 11 04 Regular 601 Review List of Directives and Priorities From The Comprehensive Plan PLANNING ZONING BOARD LOCAL PLANNING AGENCY AGENDA Consent Informational ITEM 601 Public Hearing Regular X November 4, 2009 Meeting Mgr. Dept. REQUEST: The Community Development Department requests the Planning Zoning Board/Local Planning Agency review the compiled list of directives and priorities derived from the recently adopted Comprehensive Plan. PURPOSE: To assure that land development regulations implement and are consistent with the City's Comprehensive Plan. (s. 163.3213(1), F.S.) APPLICABLE LAW AND PUBLIC POLICY: Chapter 163, Florida Statutes, specifically Section 163.3202 Florida Statutes (Land Development Regulations) Section 163.3213 Florida Statutes (Administrative Review of Land Development Regulations) Rule 9J -5, specifically Rule 9- J5.022, Florida Administrative Code (Standards for Review of Land Development Regulations) Winter Springs Comprehensive Plan, adopted September 28, 2009 CONSIDERATIONS: The recently adopted Comprehensive Plan serves as a statement of planning policy and the foundation for future development related decisions in the City. It defines the type, location and appearance of community growth and development in the City through 2030. It is the City's responsibility to assure that land development regulations implement and are consistent with the local comprehensive plan. (s. 163.3213(1), F.S.) Winter Springs is required within one (1) year of adoption of the Comprehensive Plan amendments to adopt or amend land development regulations that are consistent with and implement our adopted comprehensive plan. (s. 163.3202, F.S. and 9J- 5.022, F.A.C.) "Land development regulations" means 1 November 4, 2009 Planning and Zoning Board Regular Agenda Item 601 ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land, except that this definition shall not apply in s. 163.3213. (s. 163.3164 (23), F.S.) After the one year period of time for amending the land development regulations, any substantially affected person may challenge a land development regulation on the basis that it is inconsistent with the local comprehensive plan after this one year period. (s. 163.3213(3), F.S.) When such a challenge occurs, the City is faced with the expense of defending itself. Ultimately the resolution of the challenge is the adoption or amendment of the land development regulation in question. City staff prefers the proactive approach to meeting the state mandate. STAFF RECOMMENDATION: Staff recommends the Planning Zoning Board/Local Planning Agency review the compiled list of land development regulations needed to be implemented either as a directive of the adopted Comprehensive Plan or that are needed to maintain consistency between the Comprehensive Plan and the land development regulations. ATTACHMENTS: A. Compiled list of Directives and Priorities derived from the recently adopted Comprehensive Plan. PLANNING ZONING BOARD ACTION: -2- ATTACHMENT A CODE REVISIONS It is the City's responsibility to assure that land development regulations implement and are consistent with the local comprehensive plan. (s. 163.3213(1), F.S.) Winter Springs is required within one (1) year of adoption of the Comprehensive Plan amendments to adopt or amend land development regulations that are consistent with and implement our adopted comprehensive plan. (s. 163.3202, F.S. and 9J- 5.022, F.A.C.) GREENEWAY INTERCHANGE ZONING DISTRICT Revise the entire Greeneway Interchange Zoning District as it is incompatible (in purpose, uses and intensities (floor area ratio), permitted uses, and etc.) with the Comprehensive Plan. Include regulations for the preservation of ecologically sensitive open spaces. Identify methodology to implement Development Bonuses identified in FLUE policy 1.1.1 and FLUE policy 3.2.5 PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Revise the two PUD Zoning Districts into one clear document that encourages innovative design and land development techniques, including a vertical mix of uses. Revise Site Development Standards to allow a maximum floor area ratio of 1.0 and a maximum density of 12 units per gross acre. Revise use of terms and definitions to conform with those found within the Comprehensive Plan, specifically `floor area ratio" and "open space". ACCESSORY DWELLING UNITS Add Accessory Dwelling Units as a Conditional Use in single family dwelling zoning districts as directed by the Comprehensive Plan. Revise section 20 -103 to allow up to one affordable accessory dwelling unit per lot. Consider the density described in FLUE policy 1.1.1. and determine if any revisions or clarification is needed in the Comprehensive Plan. Refine definitions in Sec 20 -1 as needed. Establish strict design compatibility guidelines for Accessory Dwelling Units as directed by the Comprehensive Plan. Consider exempting Accessory Dwelling Units from impact fees in support of the Comprehensive Plan's directive in Housing Element Policy 1.3.13 to "Encourage the provision of compatible, integrated affordable housing within the older neighborhoods through redevelopment of existing units and inclusion of compatible accessory dwelling units." (Impact fees for Accessory Dwelling Units for Fire, Police, Parks and Recreation and Public Buildings currently equal $2655.59, whereas expansion of an existing residential dwelling unit does not require the payment of any additional impact fees.) Consider exempting Accessory Dwelling Units from being considered as an Equivalent Residential Unit (Sec. 19 -162), so no additional stormwater fees are imposed. WELLFIELD PROTECTION Add new Code language which contains specific and detailed provisions for the protection of potable water wellfields, including restricting the type of development allowed in the vicinity of a wellhead and requiring a 500 -foot protection zone around each wellhead, as directed in the Comprehensive Plan and as required under Florida Statutes (s. 163.3202(2)(c), F.S.). ATTACHMENT A IMPERVIOUS AREA, GREEN SPACE OPEN SPACE Add Code language providing incentives for developers that minimize impervious surfaces within their development through the provision of on -site parking garages, etc. Consider what is required to qualify and what incentives are appropriate. Revise the use of the term and requirements for "open space" within the Code, to comply with the definition and directives of the Comprehensive Plan. Add new Code language which contains specific and detailed provisions for the provision of green space as a condition of permitting multi family residential housing in commercial zoning districts. VERTICAL INTEGRATION Add residential as a permitted use in Sec. 20 -232 (Permitted Uses in C -1 Zoning) if included as part of a vertically integrated mixed use structure that fronts on SR 434. Permit an existing residence that fronts onto SR 434 to be converted into a live -work unit. Revise PUD Zoning District to "encourage" vertical mix of uses (previously mentioned). Also consider removing discrepancy between C -1 and SR 434 Overlay- bldg hts; setbacks. CONSERVATION FLU AND CONSERVATION OVERLAY Add new Code language to ensure the protection of environmentally sensitive lands designated in the comprehensive plan. (s. 163.3202(2)(e), F.S.) CONCURRENCY- SCHOOLS Add new Code language to Sec. 9 -517 for school concurrency, consistent with the requirements of the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency As Amended January 2008. [PSFE Policy 1.2.2 and 9J- 5.022(1)(i), F.A.C.] CONCURRENCY- PARKS Revise Sec. 9 -514 (park and recreation level of service) to be consistent with the Recreation and Open Space Element of the Comprehensive Plan. SEPTIC TANKS Revise Sec. 19 -29 to address septic systems in unsuitable soils. Revise the Code to be consistent with the requirements of the Comprehensive Plan. BUFFERS Revise the Code to be consistent with the requirements of the Comprehensive Plan for transitional uses and buffers between incompatible uses. WETLANDS Revise the Code to be consistent with the requirements of the Comprehensive Plan for the protection of wetlands. FLOOD PLAINS AND FLOODWAYS Revise the Code to be consistent with the requirements of the Comprehensive Plan for the protection of flood plains and floodways. ATTACHMENT A DRAINAGE STORMWATER MANAGEMENT Incorporate new Code language to encourage and allow the use of innovative stormwater practices such as Low Impact Development, Green Roofs, etc. which help conserve natural resource systems, reduce infrastructure costs and which mitigate environmental impacts. Revise Sec. 9 -181 to require developers to control erosion and sediment or chemical discharges from their construction sites. LANDSCAPING Adopt new Code language to encourage best practices in water efficient landscaping and promote the use of native plant materials. INFILL/REDEVELOPMENT PROPERTY CONVERSIONS After further study, identifying target areas for infill or redevelopment, and after determination of possible incentives, amend the Code in support of these findings. HISTORIC PRESERVATION Adopt new Code language to identify standards for historic preservation. WINTER SPRINGS GREEN Adopt new Code language to identify standards and guidelines for 'Winter Springs Green" in furtherance of the Comprehensive Plan. TRANSPORTATION PARKING ALLEYS...TCEA Revise Right -of -Way protection requirements in the Code, if needed, to comply with the directives of the Comprehensive Plan. Develop standards for access to public transit and multi -modal transportation. Adopt new Code language to identify standards and guidelines for trail development. Update Parking requirements, as supported by engineering data and study. PRELIMINARY AND FINAL ENGINEERING SUBMITTAL REQUIREMENTS Revise the entire section on submittal requirements as it is out of date and needs revision to include directives of the Comprehensive Plan. NEW ADVISORY COMMITTEES Adopt new Code language to identify the purpose and responsibility of the Parks and Recreation Advisory Committee [ROSE 1.1.2]. Adopt new Code language to identify the purpose and responsibility of the Trails Advisory Committee [TE 1.5.18]. OTHER Correct Spelling Errors Lake Jesup Delete antiquated terms Delete portions of the Zoning Code no longer used.