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HomeMy WebLinkAbout2006 08 02 Public Hearing 200 Amending Chapter 9 of the City Code LOCAL PLANNING AGENCY AGENDA ITEM 200 ADD-ON Consent Information Public Hearin Re ular x August 2, 2006 Meeting REQUEST: The Community Development Department - Planning Division, and City Attorney request that the Local Planning Agency hold a Public Hearing to consider amending Chapter 9 of the City Code, as it relates to the subdivision process. PURPOSE: The purpose of this Agenda Item to request the Local Planning Agency hold a Public Hearing to update pertinent subdivision provisions of the City Code. On September 12, 2005, the City Commission adopted Ordinance No. 2005-23, which amends chapter 9 of the City Code, provides regulations for the subdivision of originally platted lots, requires additional conditions for re-platting, authorizes limited lot splits without the necessity of platting. One of the prime themes of the proposed ordinance is to promote compatibility and harmony between the property to be subdivided or split and the surrounding properties. The proposed ordinance provides a more definitive and objective methodology (amends Section 9-10) to demonstrate compatibility and harmony. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Florida Statute 177 Land Boundaries. Winter Sprine:s Charter Article IV. Governine: Bodv. Section 4.06. General powers and duties. Section 4.15 Ordinances in General. Winter Sprine:s Code of Ordinances. Chapter 9 August 2, 2006 Public Hearing Item 200 Page 2 CHRONOLOGY: July 6, 2005 August 8, 2005 September 12,2005 July 24, 2006 LP AIP&Z Recommended adoption of Ordinance No. 2005-23 City Commission passed Ordinance No. 2005-23 on first reading City Commission adopted Ordinance No. 2005-23 City Commission directed City Attorney to draft revision FINDINGS: . The request is in keeping with the intent of the City's Comprehensive Plan, and Chapter 163 of Florida Statutes. . The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. . The request is in keeping with Article VIII, Section 2(b) of the State Constitution. . The request provides a more objective methodology to demonstrate that a plat, re- plat, or lot split is compatible and in harmony with the neighborhood. STAFF RECOMMENDATION: Staff recommends that the LP A hold a Public Hearing and recommend Approval to the City Commission for Adoption of Ordinance 2006-11. ATTACHMENTS: A. Ordinance No. 2005-23 B. Draft Ordinance No. 2006-11 LPAACTION: Page 2 ~(~ . ~ ATTACHMENT A ORDINANCE NO. 2005-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 9, ARTICLE I, REGULATING THE SUBDIVISION OF ORIGINALLY PLATTED LOTS; REQUIRING ADDmONAL CONDmONS FOR REPLATS; AUTHORIZING LIMITED LOT SPLITS WITHOUT THE NECESSITY OF PLATTING UNDER CERTAIN LIMITED REQUIREMENTS AND CONDmONS; 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 VITI, 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'ofthe 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 hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 9, Article I, 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 L IN GENERAL City of Winter Springs Ordinance No. 2005-23 Page 1 of 7 " Sec. 9-1. Definitions. Flag lot shall mean any lot with less than the required lot width at the front set back as specified in the bulk regulations for a zoning district that widens in a corridor or driveway like fashion to the required minimum width farther from the street. Flag lots. although not a favored and traditional shape of a buildable lot. are intended to allow, development of parcels that would otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel. * * * Sec. 9-2. Sale GfDGDplatted ploperty Division orland: city commission approval required. No owner of real property being a subdivision or lot split as defined in this chapter, shall sell lots or tracts ofland from such tract property without first having divided such property:- in accordance with the requirements hereof,-.:. Before such lot or tract is divided. the lots or tracts proposed to be divided shall be surveyed by a duly licensed surveyor and approved by the city commission by plat. lot split resolution. or development agreement (see section 9-14 for property zoned town center)alid a plat of the lots proposed to be sold prepared by a resistered sw veyor except u pro'\lided in section 9-3. Defure such plat shaH be rCGoIded, it shaH be appro'Ved in accordance with the specific applicable provisions of this chapter and F.S. Ch. 177. No permit shall be issued for the construction of any building or structure or for an electrical hookup on any lot or tract sold in violation of this chapter section: provided. however. that any such violation can be remedied by complying with the provisions of this Article. Sec. 9-3. Dividing platted property. An owner of a single lot or parcel of sufficient size that. satisfies zoning bulk regulations. except in a platted area ofa planned unit development, may, with prior approval of the city commission, divide an originally platted single lot or parcel by dividing the lot or parcel under the r~latting. lot split. and town center development agreement requirements set forth in this chapter once into no more than two (2) parcels 01 lots. An owner of a lot which has been divided shaH not be Stanted approval for a replat which would IesuIt in di~ding the oriWnaH, platted sinsIe lot into nlore than two (2) parcels or lots. Each parcel or lot so divided shall in every respect meet the criteria established elsewhere in this Code for the category of zoning and other relevant Codes under which the property is zoned and each parcel or lot shall meet the engineering requirements set out elsewhere in this chapter. In such instance, and only within the strict application of this section, may the full provisions of this chapter be waived and variances granted thereto. For platted areas of a planned unit development. the owner must not only comply with the provisions of this chapter. but must also comply with the planned unit development procedures in chapter 20 of this Code. No building penuit shaH be issued fur the erection of any building on a previously platted City of Winter Springs Ordinance No. 2005-23 Page 2 of 7 lot which is divided contrary to this seGtion. Sec. 9-4. Waiver to subdivision enaineering development plan requirements. For subdivisions or lot splits where no new streets, water, sewer, or drainage or other infrastructure structures are involved, application for approval of preliminary or final subdivision engineering development plans may be waived provided, however, that a plat of the proposed subdivision or the metes and bounds le~al description of the proposed lot split is approved by the city commission in accordance with section 9-2. that can be recorded of the pi oposed snbdi vision shaH be submitted fur reriew h, the crt, staff The reconl1nendation of the city staffshaH be subject to appro~aI by the city commission. The purpose of this approval is to ensure that the proposed subdivision confomls to applicable requirements of the subdi vision regulations. *** Sec. 9-9. Replatting. Originally platted lots or parcels may be replatted in accordance with the platting provisions of Chapter 177. Florida Statutes and this chapter. 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. (d) The application does not create any lots. tracts of land or developments that do not conform to the city code. (e) The application does not create burdensome congestion on the streets and highways. (f) The application promotes the orderly layout and use ofland. ( g) The application provides for adequate light and air. (h) The application does not create overcrowding ofland. 0) 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 City of Winter Springs Ordinance No. 2005-23 Page 3 of 7 street or peq>etual cross access easements. Sec. 9-11. Lot Splits. The CitJ' Commission may by resolution at a public hearing grant waivers from the platting requirements of this chapter for divisions of land that constitute a lot split: (a) For puq>oses of this section. the term "lot split" shall mean a division ofa tract of land or lot that will result in the creation of exactly one (1) additional lot or tract of land provided the following conditions are met: (1) The lot or tract ofland to be split is a previously platted lot or legal description of record. (2) Each lot or tract of land created hereunder shall abut a public or approved private street. unless peq>etual cross-access easements already exist on the lot to be split or are determined not to be necessary: or. if necessmy. are provided by separate instrument. (3) The lot split shall in every respect meet the crit~ria established elsewhere in this chapter and the CitJ' Code for the categOlY of zoning and other relevant Codes under which the propertJ' is zoned. (1)) Every lot split shall be processed in the following manner: (1) An application form provided by the communitJ' development department shall be completed and filed with the department. accompanied with the following: a. An application fee approved by the citJ' commission by resolution: b. Twelve paper copies of the proposed lot split: c. A statement indicating whether new streets. water. sewer. drainage structures. or other infrastructure are required off-site to provide sufficient access or municipal services to the subject land: and d. Legal descriptions and acreage of the two proposed lots or tracts of land and a scaled drawing showing the intended division shall be pre.pared by a duly licensed land surveyor registered in the state. If a lot or tract ofland contains any principal or accessory structures. a surv~ showing the structures on the lot or tract ofland shall accompany the application. (2) Upon approval of the lot split by resolution of the citJ' commission. the resolution shall be duly recorded in the public records of Seminole CountJ' and recorded on the appropriate citJ' maps and documents. (0) No further division of an approved lot split is permitted under this section. unless a plat is prepared and approved in accordance with this chapter. City of Winter Springs Ordinance No. 2005-23 Page 4 of 7 9-12. Flag lots. The plattipg. replatting. or splitting of land into flag lots is prohibited. unless the city commission determines that a traditional lot shape is impracticable and the flag lot is necessary to permit the development ofland that would otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel. 9-13. Exemptions. The following are exempt from the platting. replatting and lot split requirements of this chapter: (a) Lots or parcels that have been created or reconfigured as a result of condemnation or other ~overnmental acquisition. subject to meeting all other applicable development standards: (h) Lots or parcels that have been created or reconfigured as a result of vacated public right- of-way or railroad rights-of-way: ( c) Lots or parcels created or reconfigured pursuant to court order; (d) Cemetary lots or parcels and/or interest therein: ( e) Utility stations. including. but not limited to. public well or water tower sites. sewer lift stations sites. and public stormwater facility sites: (fl Creation and reconfiguration of public right-of-way; and (g) Condominium parcels orunits created pursuant to the Florida Condominium Act. provided a site plan and engineering development plans are approved by the city commission. 9-14. Town Center Zoned Property. The City Commission recognizes that the Town Center is sublect to a master plan set forth in the Comprehensive Plan and the Town Center District Code. Further. in accordance with the master plan. the Town Center will be divided into. a series of streets. squares. parks. blocks. and parcels. In order to facilitate the implementation of the Town Center master plan. land may be divided by plat. lot split resolution. or in accordance with a recorded development agreement unless an exemption set forth in section 9-13 is applicable. All development agreements shall be sublect to approval by the city commission after the initial effective date of this section. The development agreement shall not permit the creation of residual parcels or tracts that are undevelopable by city standards excluding those lands that are dedicated to the public. Moreover. the development agreement shall set forth the surveyed City of Winter Springs Ordinance No. 2005-23 Page 5 of 7 legal description and proposed development plan of the land that may be divided and any other terms and conditions deemed necessaty by the city commission to permit the division of land in accordance with the Town Center District Code and the general criteria set forth in section 9-10. Notwithstanding. town home and single family residential projects with more than three units shall require a plat. Sec. 9-9 15..9.25. Reserved. Section 3. Conforming Code Amendment to Section 20-1, City Code. The City of Winter Springs Code, Section 20-1, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions) Section 20-1 Definitions. * * * Lot of record A lot which is subdivided in accordance with the subdivision regulations contained in chapter 9 of the City Code a I'M t of a subdi vision, the piat of which has been recorded in the office of the clerk (jfthe county circuit court; or a parcel ofland, on or before the effective date of the ordinance from which this chapter was derived. * * * Section 4. 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, 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 5. 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 6. 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, distirtct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. City ofWmter Springs Ordinance No. 2005-23 Page 6 of 7 Section 7. 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 ofthe City of Winter Springs, Flori,4~ in a regplar meeting assembled on the 12th day of September. 2005. . . .. j?~; - , .~. ,.' . . ,"; . .... .. . ATTEST: LORENZO-LUACES, City Clerk Approv s to legal form and sufficiency for the . . 0 Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: August 8, 2005 September 12, 2005 See Section 7. City of Winter Springs Ordinance No. 2005-17 Page 7 of 7 ATTACHMETN B 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, ofthe 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 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 City of Winter Springs Ordinance No. 2006-11 Page I of 4 Section 2. Code Amendment. The City of Winter Springs Code, Chapter 9, Article I, Section 9-1 0 is hereby amended as follows: (underlined type indicates additions and strikeotlt 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 or PUD. the resulting lots must comply with the following additional minimum standard: (I) The size of each proposed lot must be eaual to or greater than the average size of a1llots that are located within a one thousand (1000) foot radius around the outer perimeter of the proposed lots and have the same zoning designation as the proposed lots. The proposed lots shall be included in the calculation of the average. (d) The application does not create any nonconforming lots, tracts of land or developments. (e) The application does not create burdensome congestion on the streets and highways. (t) The application promotes the orderly layout and use of land. (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. City of Winter Springs Ordinance No. 2006-11 Page 2 of 4 G) 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 of the 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 _ 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: Effective Date: City of Winter Springs Ordinance No. 2006-11 Page 4 of 4