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HomeMy WebLinkAbout2005 07 06 Public Hearing 402 Amending Chapter 9 of the City CodeLOCAL PLANNING AGENCY AGENDA ITEM 402 July 6, 2005 Meeting Consent Information Public Hearin X Re ular REQUEST: The Community Development Department -Planning Division, and City Attorney requests 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 March 28, 2005, the City Commission conducted a formal review of Section 9-3 of the City Code and directed the City Attorney to work with staff to further study the impacts of Section 9-3 on the subdivision of land within the City. Most of the recommendations of the City Attorney and staff are embodied in attached draft Ordinance No. 2005-23 (Staff will provide a list of minor proposed changes). Presently, the Code prohibits more than one division of a platted lot into 2 new lots, regardless of how large the originally platted lot was or the character of the surrounding properties. Further, changes in Chapter 177, Florida Statutes, which sets forth requirements for final subdivision plats, have made platting more expensive and time consuming. Other local cities and Seminole County have adopted "lot split" provisions for extremely simple divisions of property, where the new lots meet all applicable requirements and no new roads, sewer lines, water lines, or other infrastructure are needed. One of the prime themes of the proposed ordinance is to promote compatibility between the property to be subdivided or split and the surrounding properties. 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 adoution of ordinances and resolutions. July 6, 2005 Public Hearing Item 402 Page 2 Florida Statute 177 Land Boundaries. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 9 CHRONOLOGY: June 23, 2005- Public Noticing in Orlando Sentinel of LPA Public Hearing July 6, 2005- P & Z Board (LPA) to hear and make recommendation 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. STAFF RECOMMENDATION: Staff recommends that the LPA hold a Public Hearing and recommend Approval to the City Commission for Adoption of Ordinance 2005-23. Staff will provide a list of proposed minor modifications to the document at the LPA meeting. ATTACHMENTS: A. Ordinance 2005-23 LPA ACTION: Page 2 Draft` June 6, 2005 ORDINANCE NO. 2005- Z 3 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 ADDITIONAL CONDITIONS FOR REPEATS; AUTHORIZING LIMITED LOT SPLITS WITHOUT THE NECESSITY OF PLATTING UNDER CERTAIN LIMITED REQUIREMENTS AND CONDITIONS; 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 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: eetion 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 striiceoat type indicates deletions). CHAPTER 9. ARTICLE L IN GENERAL *** City of Winter Springs Ordinance No. 2005- Page 1 of 5 Sec. 9-2. Division of land: city commission aaoroval required. No owner of real property being a subdivision or lot split as defined in this chapter, shall sell lots or tracts of land from such tract roe 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 or a lot split resolution -. , lrcapp~roveci in accordance with the specific applicable provisions of this chapter and F.S. Ch. 1??. No permit shall be issued for the construction of any building or structure or for an electrical hookup on any lot or tact sold in violation of this section. Sec. 9-3. Dividing platted property. An owner of a single lot o~arcel of sufficient size, except in a platted area of a 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 replattin ova r lot split procedures set forth in this chapter . . 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. No building permit shall be issued for the erection of any building or structure or for an electrical hookup on a previously platted lot or parcel which is divided contrary to this section. Sec. 9-4. Waiver to s~ttbdivisiv~t engineering development plea requirements. For subdivisions or lot splits where no new streets, water, sewer, or drainage or other infrastructure strnetares are involved, application for approval of preliminary or final subdivision en 'n~ eating develonrnent plans may be waived provided, however, that a plat of the proposed subdivision or the metes and bounds legal description of the proposed lot split subdivision shall be submitted far review by the city staff. The recommendation of the city staff shall be subject to approval by the city commission. The purpose of this approval is to ensure that the proposed subdivision plat or lot split conforms to applicable requirements of tlu's~chanter the city of winter springs Ordinance No. 2005- Page 2 of 5 *** Sec. 9-9 Replatting Origi ray nl~atted lots car, parcels may be replatted in accordance with the platting.provisions of Chapter 177. Florida Statutes and this chapter. Secs 9-10. General Criteria for Approval Before an~ 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 th_.proposed pliit replat or Iot 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 citescomprehensive ,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. (dLhe application does not create any nonconfornun,~ lots tracts of land or developments Le) The application does not create burdensome congestion on the streets and highways. ~ The application promotes the orderly layout and use of land. (g The a plication provides for adze ,, uate li t and air. ~h~e application does not create overcrowding of land. ~i The application facilitates the a,~eauate and economical provision of water. sewer and other public services. (j) The application provides for proper ingress and egress. Sec. 9-11. Lot Splits. The City Commission may by resolution at a public hearing_grant waiver, from the platting requirements of this chapter for divisions of land that ponstitute a lot split• (a) For purposes of this section, the term "lot split" shall mean a division of a tract of land or lot that will result in the creation of exactly one 1 ~ additional lot or tract of land~rovided the following conditions are met: (1) The lour tract of land 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.~erpetual cross-access easements alreadyexist on the lotto be split or are determined not to be necessary: or, if necessary. are provided by separate instrument. (3) The lot split. shall in every res ep ct meet the criteria established elsewhere in this chapter and the City Code for the category of zoning and other relevant Codes under which the propertX City of Winter Springs Ordinance No. 2005- Page 3 of 5 is on d. Eve lot split shall be processed in the following manner: x,11 An application form provided by the community development department shall be complete, and filed with thie department, accompanied with the following a. An apph,.~cation ffee approved by the city commission by resolution: b. Twelve paper copies ofthe proposed lots 1>l it: c. A statement indicating whether new streets, water, sewer.. drainage structures, or other infrastructure aze involved; and d. Legal descriptions and acres e~ of the .two proposed lots or tracts of land and a scaled c~rawing_sho_wing the intended division shall be prepared by a duiv licensed land surveyor registered in the state. If a lot or tract of land contains any principal or accessory structures, a survey showing the structures on the lot or tract of land shall accompany the application. (21 Upon approval of the lot split by resolution. of the city .commission, the resolution shall be duly recorded in the public records of Seminole County and recorded on the appropriate city maps and documents. (c) No further division of an approved lot gplit is permitted under this section, unless a plat is prepared and approved in accordance vYith this chapXer. Sec. 9-912-9.25. Reserved. ection 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. tion 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 maybe 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 meartirxg 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 City of Winter Springs Ordinance No. 2005- Page 4 of S Ordinance No. 2005-23 In 1999, an amendment to Chapter 177, Florida Statutes, took effect, requiring cities and counties to have aFlorida-licensed professional surveyor review and certify every subdivision plat for consistency with the Chapter 177 criteria for plats. This increased the monetary and time cost of platting property. For subdivisions with multiple lots, this was often a minor expense, but in jurisdictions that do not have lot split provisions for extremely simple divisions of land, this became a relatively costly endeavor (e.g. when a couple decide to divide farmland acreage among their children). Seminole County and the City of Oviedo had lot split provisions in effect before this amendment to Chapter 177. The City of Lake Mary soon adopted a lot split provision after the amendment. Currently in the City of Winter Springs, there is no lot split provision. When a person decides to divide a 5 or 10 acre lot into 21ots, a plat is required. This takes considerably more time and money to plat than if a lot split provision were enacted. Further, once a platted lot is split once into 21ots, it cannot be further split, pursuant to Section 9-3 of the City Code. The key to dividing property is to ensure that all lots created are consistent with the applicable Future Land Use designation and zoning district requirements (no non-conforming situations) as well ensuring harmony and compatibility with surrounding lot shapes and sizes. Land-locked properties and "flag lots" should not be created. The proposed ordinance needs a prohibition on "flag lots" as well as a list of exemptions (e.g. when right-of--way (ROW) is provided for a roadway, when a well site is provided to the City, or when a lift station site is provided). -