HomeMy WebLinkAbout2005 06 13 Regular Item 508, City's Land Planning Agency
COMMISSION AGENDA
ITEM 508
Consent
Informational
Public Hearing
Regular x
June 13. 2005
Meeting
p--
Att. /
Mgr. /
REQUEST: The City Attorney and staff request that the City Commission review a draft ordinance
proposing to amend the subdivision regulations under Chapter 9, City Code, particularly Section 9-3,
and provide direction as to whether it should be referred to the City's Land Planning Agency for
review and recommendation.
PURPOSE:
The purpose of this Agenda Item is to allow the City Commission to conduct a preliminary review
and provide direction regarding a draft ordinance proposing to amend the City's subdivision
regulations set forth in Chapter 9 of the City Code, particularly Section 9-3.
In addition, if the City Commission finds the draft ordinance preliminarily acceptable, the purpose of
this Agenda Item is to request that the City Commission refer the draft ordinance to the City's Land
Planning Agency for review and recommendation to the City Commission.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. City of Winter Springs Comprehensive Plan
3. Chapter 9, Article I, City Code.
Page 1 of 3
4. Chapter 177, Florida Statutes, establishing minimum requirements for the subdivision ofland and
authorizing municipalities to adopt additional and supplemental regulations by local ordinance.
CONSIDERATIONS:
1. On March 28, 2005, the City Commission conducted a formal review of Section 9-3 of the
City Code regulating the subdivision of originally platted lots.
2. The City Commission directed that the City Attorney work with city staff to further study the
impact of Section 9-3 and related codes and propose recommendations regarding the dividing
oflots in the City of Winter Springs.
3. After further review, the recommendations of the City Attorney and staff are embodied in the
proposed draft ordinance attached to this Agenda Item.
4. In sum, the draft ordinance would accomplish the following:
A. Consistent with the fact that Chapter 177, Florida Statutes, expressly recognizes that a
governing body may approve a replat of lands embraced in all or part of a prior plat filed of
public record, the City Code will also expressly recognize that properties previously platted
may be re-plated provided the replat satisfies all the requirements of Chapter 177, Florida
Statutes and the City Code.
B. A survey prepared by a duly licensed surveyor shall be required before any subdivision
or lot split will be approved.
C. Engineering development plans will be required for all subdivisions or lot splits that
require new streets, water, sewer, drainage or other infrastructure.
D. In addition to all the technical standards set forth in the City Code, the draft ordinance
establishes general criteria which must be satisfied before the City Commission will approve
any subdivision or lot split, as follows:
(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.
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(d) The application does not create any nonconfonning 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 ofland.
(g) The application provides for adequate light and air.
(h) The application does not create overcrowding ofland.
(i) The application facilitates the adequate and economical provision of water, sewer, and
other public services.
G) The application provides for proper ingress and egress.
E. The draft ordinance creates criteria and a procedure for "lot splits." The procedure will
pennit the City Commission, at a public hearing, to authorize by resolution (without the
necessity of platting) the division of a tract of land or lot into one additional lot or tract of
land under limited conditions. Any further division of an approved lot split shall require a plat
approved by the City Commission.
F. Any division of land into more than two tracts ofland or lots shall require a plat approved
by the City Commission.
ATTACHMENT:
1. Draft Ordinance Proposing to Amend Chapter 9, Article I, City Code.
2. Previous Regular Agenda Item 500, dated March 28, 2005 (w/out attachments).
3. Excerpt of the City Commission's March 28,2005 Minutes.
COMMISSION ACTION:
On March 28,2005, the City Commission conducted a formal review of Section 9-3 of the City Code
regulating the subdivision of originally platted lots. The City Commission directed that the City
Attorney work with city staff to further study the impact of Section 9-3 and related codes and
propose recommendations regarding the dividing oflots in the City of Winter Springs.
Page 3 of 3
Draft June 6, 2005
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 9, ARTICLE I, REGULA TING 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 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 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 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. 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).
CHAPTER 9.
ARTICLE L IN GENERAL
* * *
City of Winter Springs
Ordinance No. 2005~
Page 1 of 5
Sec. 9-2. Sale of non platted pi opel'tJ Division of land: 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 of land 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 or a lot split resolution and a plat of the lots proposed to be sold prepared by
a registered st11"\teyor except as provided in seGtion 9-3. Defore such plat shaH be recorded, it shall
be llppt'O'\led 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 section.
Sec. 9-3. Dividing platted property.
An owner of a single lot or parcel 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 replatting or lot split procedures set forth in
this chapter once into no more than tl'\lO (2) Patcels or lots. An Ol'\lnef of a lot which has been
divided shall not he granted Appfoval fOf a leplat whiGh would remIt in dividing the orisinally
platted single lot into more than mo (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. 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 snbdhision engineering 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 subdi v ision engineering
development 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 that can be recorded of the proposed
subdi vision shall be submitted for 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 this chapter the
subdi vision regulations.
City of Winter Springs
Ordinance No. 2005-
Page 2 of 5
***
Sec. 9-9. Replattine. 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 qr 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. re.plat 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 nonconforming lots. tracts of land or developments.
( 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.
(i) The application facilitates the adequate 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 waivers
from the platting requirements of this chapter for divisions ofland that constitute a lot split:
( a) For purposes of this section. the term "lot split" shall mean a division of a tract ofland 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 ofland created hereunder shall abut a public or approved private street.
unless perpetual cross-access easements already exist on the lot to. be split or are determined
not to be necessary: or. if necessary. are provided by separate instrument.
(3) The lot split shall in every respect meet the criteria established elsewhere in this chapter and
the City Code for the category of zoning and other relevant Codes under which the property
City of Winter Springs
Ordinance No. 2005-
Page 3 of 5
is zoned.
(b) Every lot split shall be processed in the following manner:
(1) An application form provided by the community development department shall be
completed and filed with the department. accompanied with the following:
a. An application fee approved by the city 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 involved: 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 prepared by a duty licensed land surveyor
registered in the state. If a lot or tract ofland contains any principal or accessory structures.
a survey showing the structures on the lot or tract ofland shall accompany the application.
(2) 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 ~ocuments.
(c) No further division of an approved lot ~plit is permitted under this section. unless a plat is
prepared and approved in accordance with this chapter.
Sec. 9-' 12-9.25. Reserved.
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.
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 inay 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
City of Winter Springs
Ordinance No. 2005-
Page 4 of 5
CI1Y OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 28, 2005
PAGE 10 OF 24
VOTE:
COMMISSIO GILMORE: AYE
COMMISSIONER S: AYE
COMMISSIONER MILLE. YE
COMMISSIONER McGINNIS:
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
500. Office Of The City Attorney/Office Of The City Manager
At The City Commission's Request, The City Attorney And City Manager Are
Presenting Section 9-3., City Code, For Review And Consideration. After Review
And Consideration, The City Commission May Direct That The City Attorney
Work With City Staff To Prepare An Ordinance That Will Propose An Amendment
To Section 9-3.
Attorney Garganese presented this Agenda Item.
Tape 3/Side A (Note: Due to teclmical difficulties, portions of this tape may oot be audible]
With discussion. Deputy Mayor Blake inquired of Attorney Garganese. "Has all land in
Winter Springs been platted?" Furthermore, Deputy Mayor Blake said, "We certainly
need to make sure that the appropriate infrastructure is put into place by the entity that is
developing property to the higher degree it is - we need to make sure that happens."
Discussion.
Deputy Mayor Blake stated. "Are we using this Code all the time and consistently and
fairly, if we did this before?" Manager McLemore stated, "I would like to look at that
further,"
Further discussion.
"I RECOMMEND THAT WE ADOPT PART 'b)' UNDER THE 'STAFF
RECOMMENDATION'." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
DEPUTY MAYOR BLAKE NOTED, "WE HAVE TO LOOK AT TmS AND
REVIEW TmS SECTION OF CODE - HOW IT AFFECTS THE ENTIRE CITY,
ALL PROPERTY IN THE CITY, NOT JUST IN THE RANCHLANDS."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 28, 2005
PAGE 11 OF 24
VOTE:
CO~SmONER~LER: NAY
CO~SmONERG~ORE:AYE
CO~SSIONER KREBS: NAY
DEPUTYMAYORBLAKE: NAY
CO~SSIONER McGINNIS: AYE
MOTION DID NOT CARRY.
"I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO
REVIEW AGAIN IN MORE DEPTH GIVEN THE ADDmONAL DISCUSSION
WE HAD TONIGHT CODE SECTION 9.3., ANY RELATED CODES AND
THEIR EFFECT CURRENT DEVELOPMENT, CURRENT PROPERTIES AND
FUTURE DEVELOPMENT OF PROPERTIES, INCLUDING ALL THE
QUESTIONS RELATED TO SUBDIVISION REQUIREMENTS,
INFRASTRUCTURE REQUIREMENTS AND DIVIDING OF LOTS
PREVIOUSLY PLATTED AND BRING THAT BACK TO US WITH
RECOMMENDATIONS." MOTION BY DEPUTY MAYOR BLAKE.
SECONDED BY COMMISSIONER MILLER. DISCUSSION,
VOTE:
COMMISSIONER KREBS: AYE
CO~SSIONERMcGINNIS: AYE
CO~SmONERG~MORE:AYE
DEPUTYMAYORBLAKE: AYE
COMmUSmONER~LER: AYE
MOTION CARRIED.
501. . e Department - Code Enforcement Bureau
Requests ommission To Review Information Regarding The David Drive
Right-Of-Way In City Of Winter Springs.
Captain Glenn Tolleson, Police
ent presented this Agenda Item.
Deputy Mayor Blake remarked, "Did we kil that this right-of-way was not in the City
- when we had the initial request to vacate it?" tain Tolleson noted, 'This was new
information when it was handed over to us to investig what was going on." Manager
McLemore stated, "If you want us to go forward and try to a ire it."
Manager McLemore asked, "Do you want us to bring it back, and 100 t the option of
taking it?" Deputy Mayor Blake stated, "Do we want the whole thing or do ant just
the both sides of Winter Springs and half where Casselberry also borders 0 '?"
Manager McLemore answered by stating, "We'll look at that."
~
"..,---c.~"t---
COMMISSION AGENDA
ITEM 500
Consent
Informational
Public Hearing
Regular X
March 28. 2005
Meeting
/sr- J/~~ ()
Mgr. / Att. / Dept.
REQUEST:
At the City Commission's request, the City Attorney and City Manager are presenting Section 9-3,
City Code, for review and consideration. After review and consideration, the City Commission may
direct that the City Attorney work with city staff to prepare an ordinance that will propose an
amendment to Section 9-3.
PURPOSE:
The purpose of this agenda item is to give the City Commission an opportunity to review the
applicability and effect of Section 9-3 and related provisions of the City Code. In addition, the
purpose is to give the City Commission the ability to pro-actively direct the City Attorney and City
staff to prepare an ordinance that will propose amending Section 9-3, if necessary.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Horne Rule Powers Act.
2. Section 9-3, City Code.
3. Chapter 177, Florida Statutes.
CONSIDERATIONS:
1. On several occasions recently, the City has been faced with addressing with several property
owners the applicability and effect of Section 9-3, City Code. The property owners believe that this
Page 1 of 3
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section places too great a restriction on the future division of large platted lots located within the
City.
2. Particularly, Section 9-3 regulates a property owner's ability to divide and develop an originally
platted lot. From what can be discerned from the editor's notes in the City Code, it appears that this
code section, as written, goes back to at least 1974.
3. No specific written legislative intent for Section 9-3 can be found. Some believe the intent of
Section 9-3 is to preserve the existing large lots in the Ranch Lands. In general, subdivision ofland
regulations, like Section 9-3, are intended to encourage harmony and compatibility, lessen
congestion in the streets and highways; further the orderly layout and use ofland; provide adequate
light and air; prevent overcrowding of land; facilitate the adequate and economical provision of
water, sewerage, and other public requirements; provide for proper ingress and egress; promoting
the proper monumenting ofland subdivided; and encourage the conveyance ofland by accurate legal
description. See Section 25.03, Anderson's American Law a/Zoning, 4th Edition.
4. Although Section 9-3 is attached to this agenda item in its entirety, the crux of the issue centers
around the application of the first two sentences set forth in Section 9-3.
a) The first sentence states, "An owner of a single lot 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 once into no more than two (2) parcels or lots."
b) The second sentence provides "[aJn owner of a lot which has been divided shall not be
granted approval for a replat which would result in dividing the originally platted single
lot into more than two (2) parcels or lots."
5. This section has recently been interpreted by the City Commission and City staff to mean two
things:
a) A platted lot (except in PUDs) can be subdivided into two lots or parcels with prior city
commission approval; and
b) Once a platted lot has been divided, it can not be divided again.
6. The only relief afforded property owners from the provisions of Section 9-3 is to request a variance
pursuant to Section 9-5 ofthe City Code. A variance may only be granted ifthe property owner can
demonstrate, during a public hearing, that the variance request satisfies the stringent criteria in the
City Code. The criteria include showing that Section 9-3 imposes an unnecessary hardship and the
request will not be injurious to the surrounding territory.
7. Mr. Paul Rosu has submitted a "white paper" for the City Commission's review and consideration.
This issue may apparently affect him in the future.
Page 2 of 3
."-._....n..;"",..
8. Further, this issue may affect Dr. Mosley in the future. Dr. Mosley owns a one parcel, thirty (30)
acre platted lot located adjacent and West ofDunmar Estates. The plat is called "Dr. Mosley's Plat"
and is recorded in Plat Book 34, Page 10. Dr. Mosley's situation is unique in the City. He would like
to propose a subdivision which consists of several lots of at least two acres each. Unless Section 9-3
is modified in some fashion, Section 9-3 would prohibit such a subdivision and would only allow Dr.
Mosley to divide the one thirty acre lot into two lots of some size. For illustrative purposes only, a
copy of Dr. Mosley's conceptual subdivision proposal is attached to this Agenda Item.
9. Chapter 177, Florida Statutes, sets forth mirumum platting requirements. Municipalities are
permitted to adopt more stringent requirements relative to the subdivision of land tinder the Florida
Murucipal Home Rule Powers Act and Section 177.011, Florida Statutes.
@AFF RECOMMENDATIO~
The City Attorney and City Manager recommend two options at this time:
a) Do not amend Section 9-3 at this time; or
b) Direct the City Attorney to work with staff to prepare an ordinance which proposes creating a
limited exception to Section 9-3's prohibition against subdividing originally platted lots in more than
two lots or parcels and more than once. At a minimum, the limited exception shall require approval
by the City Commission at a public hearing; subdivided lots must satisfy minimum lot size
requirements in the applicable zoning district; and criteria ensuring such subdivisions are compatible
and in harmony with lot sizes in the surrounding area. Further, some exception may have to be made
for unimproved old platted lots (e.g: D.R. Mitchels plat recorded in 1907) which do not serve more
recent development trends, including the Town Center.
ATTACHMENT:
1. Sections 9-1 through 9-7, City Code.
2. Paul Rosu's White Paper, dated February 18, 2005.
3. Dr. Mosley's conceptual subdivision plan.
COMMISSION ACTION:
1. At the February 28, 2005 City Commission meeting, the City Commission directed that Section
9-3, City Code, be placed on a future City Commission agenda for review and consideration.
G:\DocsICity of Winter SpringslAgenda\2005\9-3, City Code. wpd
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