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HomeMy WebLinkAbout2006 06 21 Regular Item 300 Executive Summary EXECUTIVE SUMMARY Purpose The purpose of the Winter Springs Comprehensive Plan is to encourage the most appropriate use of land, water and resources within Winter Springs, consistent with the interests of the citizens of Winter Springs. Furthermore, the Comprehensive Plan sets forth goals, objectives and policies that will guide development activity within the City and promote, preserve and protect the health, safety and general welfare of the citizens of Winter Springs. Specifically, this comprehensive plan provides data and analysis on the use of land, transportation, housing, water, sewer, drainage, aquifer recharge, solid waste, parks and recreation, conservation of natural resources, intergovernmental coordination, and capital improvements related to elements of the Comprehensive Plan. This is the first update of the City of Winter Springs Comprehensive Plan based on the findings of the 1998 adopted Evaluation and Appraisal Report (EAR). Additionally, the data and analysis portions of each element were updated with recent information to provide a current foundation for the goals, objectives and policies of the plan. All objectives within the Comprehensive Plan were revised to provide measurable policies that will assist the City in determining whether the intent of these objectives has been met. Summary Evaluation During the previous planning period, the City of Winter Springs increased to an estimated 2000 population of 31,666. Proposed amendments within the Future Land Use Element focus on coordination between the Land Development Code and the Future Land Use Element, development within adjacent unincorporated areas, the protection of natural resources, the discouragement of urban sprawl and the encouragement of innovative land development techniques. The majority of City, or 56 percent, is comprised of residential land use, which includes single-family, multi-family, and mobile home developments. A Conservation Overlay has been included on both the Existing and Future Land Use Maps to indicate areas that may have the potential for hydric soils/wedands, protected wildlife habitat areas, or special vegetative communities. Objectives and policies have been added to encourage economic growth in the Town Center, and to create a regional employment center adjacent to the Greeneway Interchange. Most transportation facilities within Winter Springs were found to be sufficient to meet the current and expected needs of the City. Proposed amendments focus on ensuring the free flow of traffic along Winter Springs's major roadways, promoting alternative modes of transportation, and providing funding for future transportation needs. It is estimated that Winter Springs will need approximately 14,614 additional single-family dwelling units and 1,862 multi-family dwelling units to meet the housing needs of the City by 2010. Proposed amendments to the Housing Element focus on providing a variety of housing types, ensuring the provision of affordable housing, ensuring the stability of Winter Springs's neighborhoods, promoting infill development and protecting the City's historic resources. Winter Springs has developed policies designed to meet the infrastructure needs of its water, sewer, solid waste, drainage and aquifer recharge facilities. . Within the Conservation Element, objectives focus on protecting Winter Springs's air, water, wedands, native vegetation, and wildlife habitat resources. Winter Springs's current recreation and open space needs are well served. Objectives and policies were developed to ensure these needs would continue to be met throughout the planning period. Specific objectives ensure adequate parkland will be available for future population growth, ensure recreation facilities will be accessible to all of Winter Springs's residents, and that a variety of recreation needs are met through the provision of services. The City of Winter Springs recognizes that effective intergovernmental coordination will continue to be important in meeting the City's needs during the next planning period. Objectives were developed to ensure continued coordination with Seminole County and the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maidand, Oviedo, and Sanford, as well as cooperation with other federal, state, regional and local agencies. Finally, objectives and policies were developed to ensure that adequate funding sources would be available to provide the necessary facilities and services identified in each element to serve Winter Springs throughout the planning horizon. , Excerpts from the Winters Springs Code, Florida Statutes, and Florida Administrative Code related to the responsibilities of the Plannina and Zonina Board I Local Plannina Aaencv ESTABLISHMENT OF THE PLANNING AND ZONING BOARD: Sec. 20-51. Created. There is hereby created a olannino and zonino board for the city. (Ord. No. 44, ~ 44.04, 1-8-68) Sec. 20-52. Composition, appointment of members. The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the commission seat. Each member shall be a citizen and registered voter of the city and each appointment by the respective commission member occupying the corresponding numbered seat shall be subject to commission ratification. (Ord. No. 44, ~ 44.05,1-8-68; Ord. No. 156, ~ 2,9-12-77; Ord. No. 214, ~~ 1,2,5-13-80) Sec. 20-53. Term; filling vacancies; removal of members. Each member appointed shall serve as provided in Chapter 2 of the City Code. Vacancies on the board may be filled by the commission member whose seat number corresponds with the vacant planning and zoning board seat subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code. (Ord. No. 44, ~ 44.06,1-8-68; Ord. No. 156, ~ 2,9-12-77; Ord. No. 214, ~~ 1,2,5-13-80; Ord. No. 259, 9 1, 1-26-82; Ord. No. 2002-28, 9 5, 9-23-02) Sec. 20-54. Reserved. Editor's note: Ord. No. 2002-28, ~ 2, adopted Sept. 23, 2002, repealed former section 20-54 in its entirety which pertained to the appointment of the chairman and vice-chairman of the planning and zoning board and derived from Ord. No. 44, 944.07,1-8-68; Ord. No. 156, ~ 2,9-12-77; Ord. No. 214, 991,2,5- 13-80. Sec. 20-55. Compensation; allowances for expenses incurred in performance of duties. Members of the planning and zoning board of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred by them and that such reimbursement for expenses shall be established by resolution. (Ord. No. 44, 9 44.08, 1-8-68; Ord. No. 219, ~ 1, 7-8-80) Sec. 20-56. Meetings; quorum; records to be kept. The planning and zoning board shall meet at least once each calendar month at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the planning and zoning board, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept. (Ord. No. 44, 944.09, 1-8-68; Ord. No. 173, ~ 2, 9-8-78; Ord. No. 259, 9 2, 1-26-82) Sec. 20-57. Duties; general. The planning and zoning board shall serve as the planning and zoning commission. It shall be the duty of the planning and zoning board to recommend to the city commission the boundaries of the various original zoning districts and appropriate regulations to be enforced therein and any proposed amendments thereto and shall collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts f and the convenience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of districts and appropriate regulations. In addition thereto, the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the board shall commence such duties on the adoption of the comprehensive plan by the city commission. (Ord. No. 44, 944.10, 1-8-68; Ord. No. 156,92,9-12-77) Sec. 20-58. Assistants. Expenditures for all professional and clerical assistants employed in connection with the performance of the functions of the planning and zoning board shall be within the amounts appropriated for such purposes. (Ord. No. 44, 944.12, 1-8-68) Sec. 20-59. Reserved. Editor's note: Ord. No. 2003-17, 92, adopted June 9,2003, repealed former section 20-59 in its entirety which pertained to recommendations of the planning and zoning board and derived from Ord. No. 44, 9 44.13,adopted Jan. 8, 1968. Sees. 20-60--20-75. Reserved. ADDITIONAL DUTIES AND RESPONSIBILlTIES- 1- LAND DEVELOPMENT REVIEW Sec. 9-46. Filing and contents of preliminary map and plan. (b) Preliminary plan. (1) The applicant shall prepare and submit a preliminary subdivision map and/or plan together with other supplementary material specified below, accompanied by the appropriate form and fee to the city planner who shall process the application in accordance with provisions of this Code. Processing shall be as follows: a. City planner. b. City engineer. c. Staff review. d. Plannina and Zonina Board. e. City council. Sec. 9-72. Processing of final plans. Processing of final plans shall be as follows: (1) City planner. (2) City engineer. (3) Staff review. (4) Only if significant changes, alterations or modifications have been made to the final plans which would cause to be construed at the time of staff review that a substantial difference between the final and the preliminary plans now exists, plans must then be sent to plannina and zonina for further review. If no substantial difference between the preliminary and final plans exists, this step in the process will not be required. (5) City commission. Sec. 9-103. Public sites and open spaces, exception. (a) The developer of all residential subdivisions which are to be platted, but excluding those located in an approved PUD, shall confer with the plannina and zonina board in regard to sites for schools, parks, playgrounds and other common areas for public use, at the time of presentation of the preliminary plan. An area equal to five (5) percent of the gross area shall be dedicated by the owner to the city for park and recreational purposes. 2- COMPREHENSIVE PLAN AMENDMENTS Sec. 15-30. Authority, purpose and intent. The city commission of Winter Springs shall have the sole authority to amend or supplement the comprehensive plan in accordance with the mandatory requirements of Sections 163.3184, 163.3187 and 163.3189 Florida Statutes and this article... Sec. 15-36. Review criteria. The recommendation of the staff review board shall be based on the following minimum factors, if applicable: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region; (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities; (3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code; (5) Whether the city is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost/effective use of or unduly burden public facilities; (6) Whether the amendment is compatible with surrounding neighborhoods and land use; (7) Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. (Ord. No. 587, 7-10-95) Sec. 15-37. Local Dlannina aaencv review and recommendation. Prior to the city commission's consideration of the application, the local planninq agency shall consider the application(s) at a public hearing, along with the staff reyiew board's recommendation, and recommend that the city commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the local planninq aqency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the city commission. (Ord. No. 587, 7-10-95) FLORIDA STATUTES Related to the Responsibilities of the Local Plannina Aaencv 163.3164 Local Government Comprehensive Planning and Land Development Regulation Act; definitions.-.As used in this act: (14) "Local planning agency" means the agency designated to prepare the comprehensive plan or plan amendments required by this act. (22) "Land development regulation commission" means a commission designated by a local government to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the governing body regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency. 163.3174 Local planning agency.-- (1) The governing body of each local government, individually or in combination as provided in s. 163.3171, shall designate and by ordinance establish a "local planning agency," unless the agency is otherwise established by law. Notwithstanding any special act to the contrary, all local planning agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in each municipality and county shall include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency or equivalent agency to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. However, this subsection does not prevent the governing body of the local government from granting voting status to the school board member. The governing body may designate itself as the local planning agency pursuant to this subsection with the' addition of a nonvoting school board representative. The governing body shall notify the state land planning agency of the establishment of its local planning agency. All local planning agencies shall provide opportunities for involvement by applicable community college boards, which may be accomplished by formal representation, membership on technical advisory committees, or other appropriate means. The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to be held after public notice and shall make recommendations to the governing body regarding the adoption or amendment of the plan. The agency may be a local planning commission, the planning department of the local government, or other instrumentality, including a countywide planning entity established by special act or a council of local government officials created pursuant to s. 163.02, provided the composition of the council is fairly representative of all the governing bodies in the county or planning area; however: (a) If a joint planning entity is in existence on the effective date of this act which authorizes the governing bodies to adopt and enforce a land use plan effective throughout the joint planning area, that entity shall be the agency for those local governments until such time as the authority of the joint planning entity is modified by law. (b) In the case of chartered counties, the planning responsibility between the county and the several municipalities therein shall be as stipulated in the charter. (2) Nothing in this act shall prevent the governing body of a local government that participates in creating a local planning agency serving two or more jurisdictions from continuing or creating its own local planning agency. Any such governing body which continues or creates its own local planning agency may designate which local planning agency functions, powers, and duties will be performed by each such local planning agency. (3) The governing body or bodies shall appropriate funds for salaries, fees, and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purposes and activities authorized by this act, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; however, acceptance of loans must be approved by the governing bodies involved. (4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. The governing body in cooperation with the local planning agency may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the governing body shall be the responsibility of the local planning agency. (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including preparation of the periodic reports required by s. 163.3191. (c) Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof, when the local planning agency is serving as the land development regulation commission or the local government requires review by both the local planning agency and the land development regulation commission. (d) Perform any other functions, duties, and responsibilities assigned to it by the governing body or by general or special law. (5) All meetings of the local planning agency shall be public meetings, and agency records shall be public records. History.--s. 6. ch. 75-257; s. 1, ch. 77-223; s. 5, ch. 85-55; s. 2, ch. 92-129; s. 9, ch. 95-310; s. 9, ch. 95- 341; s. 1, ch. 2002-296. FLORIDA ADMINISTRATIVE CODE Related to the Responsibilities of the Local Plannina Aaencv 9J-5.023 Cliteri. for Determining ConsiStency of Land Development Regulations with the Comprehensive Plan. A detel1nination of consistency of a land development regulation with the comprehensive plan will be based upon the following: (1) Characteristics of land use. and development allowed by the regulation in comparison to the land use and development proposed in the comprehensive plan. Factors which willbeconsidered include: (a) Type ofland use; (b) Intensity and density oflanduse; (c) Location oflanduse; (d) Extent ofland use; and (e) Other aspects of development, including impact on Datural resources. (2) Whether the land development regulations are compatible with the comprehensive plan, further the c01upt.ehensive plan, and implement the comprehensive plan. The term "compatible" means that the land development regulations are not in conflict with the comprehensive plan. TIle !elm "futther" means that the land development regulations take action in the direction of realizing goals orpoHcies of theco01prehensive plan. (3) Whether the land development regulations illclude provisions that implement objectives and policies of the comprehensive plan that require implementing regulations in ordertoberealizeO. including provisions implementing the requirement that public facilities and services needed to support developntent shall be available concurrent with the impacts of such development. Specific Authority 163.3202(5)FS. LawlmplBmented 163.3J94. 163.3213FS.History-New 3-21-99. 3- REZONINGS Sec. 20-31. Rezonings. (a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. (b) The olannina and zonina board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the olannina and zonina board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the olannina and zonina board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the olannina and zonina board's recommendation. (d) 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 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 adjacent 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 adjacent 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) 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 subjectto restrictions provided such restrictions do not confer any special privilege upon the owner or subject 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 major arterial roadways; (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; J (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. (Ord. No. 2004-49, 92, 12-13-04) Sec. 20-102. Official zoning map, working maps and procedures. ... (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-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 olannina and zonina 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 olannina and zonina 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 olannina and zonina board's report and make such decisions that are necessary to update the city's official zoning map. . .' ,. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law Debra S. Babb-Nutcher" Joseph E. Blitch Usher L. Brown · Suzanne D'Agresta" Anthony A. Garganese" J.w. Taylor Jeffrey S. Weiss Offices in Orlando, Kissimmee, c.)coa, Ft. Lauderdale & Tampa Scott J. Dornstein Andrew M. Fisher Mitchell B. Haller Katherine W. Latorre Amy J. Pitsch · Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law Erin J. O'Leary Catherine D. Reischmann William E. Reischmann, Jr. Of COllnsel June 15, 2006 Ronald McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Chapter 2006-88 Dear Ron: The Governor recently signed into law Chapter 2006-88 regarding the issuance of development permits by municipalities. This new law creates Section 166.033 Florida Statutes which provides: When a municipality denies an application for a development permit, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in this section. the term "development permit" has the same meaning as in s. 163.3164. Section 163,3164 defines a development permit to mean any building permit, zoning permit, subdivision approval, re-zoning certification, spncial exception, variance, or any other official action of local government having the effective permitting the development of land. The new law is effective October 1. 2006. Given the breath of the definition of development permit, this small change to Chapter 166 Viii! have a very significant impact on the manner in which a municipality denies a development permit. As written, this new law will apply not only to the City Commission in their role of reviewing development 225 East Ro:>inson Street, Suite 66~) . P.O. Box 2873 . Orlando, Florida 321302-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321)402-0144' Cocoa (866) 425-9566' Ft. Lauderoale (954) 670-1979 Website: www.orlandolaw.net . Email: firm@orla.;\dolaw.net McLemore, R. June 16, 2006 Page 2 permits, but the law will also apply to other quasi-judicial boards and administrative personnel (e.g. building official) that have final decision making authority regarding development permits. I recommend that this letter be provided to the members of the City Commission, quasi-judicial board members, and other City personnel who have authority to deny a development permit. I also suggest that this letter be provided to advisory boards who make recommendations regarding development permits, like the P & Z Board/LPA. These boards should ensure that they clearly articulate the reasons for their recommendations, especially recommendations to deny a development permit. Please feel free to contact me should you wish to discuss this further. l/tr IY.yollrs, Anthony A. Garganese City Attorney Enclosure AAG/slb