Loading...
HomeMy WebLinkAbout2005 08 08 Public Hearing Item 401- CDD Request 1st Read Ordinance 2005-23, amend chapter 9 of City Code, Subdiv Process CITY COMMISSION ITEM 401 Consent Information Public Hearinf! X Ref!ular August 08. 2005 Meeting REQUEST: The Community Development Department - Planning Division and City Attorney requests the City Commission hold a Public Hearing of First Reading for Ordinance 2005-23, amending Chapter 9 of the City Code as it relates to the subdivision process. PURPOSE: To request the City Commission 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 ofland 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). August 8, 2005 Public Hearing Item 401 Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Florida Statute 177 Land Boundaries. Winter Sprines Charter Article IV. Governine Bodv. Section 4.06. General powers and duties. Section 4.15 Ordinances in General. Winter Sprines Code of Ordinances. Chapter 9 CHRONOLOGY: June 23,2005- Public Noticing in Orlando Sentinel ofLPA Public Hearing July 6, 2005- P & Z Board (LP A) held a Public Hearing and made a unanimous recommendation of Approval 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. PLANNING & ZONING BOARD / LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardlLP A on July 6, 2005, the Board/Agency recommended approval of Ordinance 2005-20, with a vote of5-0. STAFF RECOMMENDATION: Staff and the City Attorney recommend the Commission hold a Public Hearing for First Reading of Ordinance 2005-23, which amends Chapter 9 ofthe City Code as it relates to the subdivision process. IMPLEMENTATION SCHEDULE: Aug. 8,2005- 1st Reading of Ordinance 2005-23 Aug. 11,2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Aug. 22, 2005- 2nd Reading /Adoption of Ordinance 2005-23 ATTACHMENTS: A- Excerpt from P&Z/LPA Minutes of July 6,2005 B- Ordinance 2005-23 CITY COMMISSION ACTION: Page 2 August 8, 2005 Public Hearing Item 401 ATTACHMENT A: Excerpt from P&ZILP A Minutes of July 6, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES I. PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JULY 6, 2005 PUBLIC HEARINGS 402. Community Development Department - Planning Division - Office Of The 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. Ms. Sahlstrom presented this Agenda Item. Tape IISide B Discussion. Chairman Poe opened the "Public Input" portion of this Agenda Item. Reverend Neil R. Backus, D.D., 110 East Panama Road, Winter Springs, Florida: spoke on church site property and is for changing the Process but against [Section] 9-3. of the City Code. Chairman Poe closed the "Public Input" portion of this Agenda Item. Discussion on lot splits ensued. "I WILL MAKE A MOTION THAT PLANNING AND ZONING BOARD RECOMMEND TO THE CITY COMMISSION APPROVAL OF ADOPTION OF ORDINANCE 2005-23 AND WITH - THE FINDINGS OF THE REQUEST WITH THE INTENT OF THE CITY'S COMPREHENSIVE PLAN, CHAPTER 163 OF THE FLORIDA STATUTES REQUEST IN CONFORMANCE WITH THE PURPOSE AND INTENT OF THE CITY CODE AND ALL APPLICABLE REQUIREMENTS, THE REQUEST IS IN KEEPING WITH ARTICLE VIII, SECTION 2. (b) OF THE STATE CONSTITUTION. AND I WOULD LIKE TO ADD TO THE FINDINGS THAT JUST WHAT YOU STATED LIKE DUNMAR ESTATES AND PARTS OF THE PUD [PLANNED UNIT DEVELOPMENT] THAT HAVE TO BE REVIEWED; BE REVIEWED BY THEIR - AND ANY OTHER COMMENTS. I WILL ACCEPT ANY ADDITIONAL COMMENTS TO BE ADDED TO MY MOTION BY ANY OTHER ATTACHMENT A: Page 3 August 8, 2005 Public Hearing Item 401 Excerpt from P&Z/LP A Minutes of July 6, 2005 MEMBER OF THE BOARD AT THIS TIME THAT THEY FEEL TO CLARIFY THAT THE [CITY] COMMISSION WOULD TAKE A HARD LOOK AT THIS." MOTION BY BOARD MEMBER BROWN. BOARD MEMBER TILLIS SAID, "I WOULD LIKE TO RECOMMEND AN AMENDMENT TO THE MOTION. JUST THAT WE PICK UP THOSE MINOR MODIFICATIONS THAT ELOISE [SAHLSTROM] MENTIONED REGARDING PROHIBITING THE FLAG LOTS AND ADDING A PROVISION FOR EXEMPTIONS FOR RIGHT-OF-WAYS AND SEWER LIFT STATIONS THOSE THINGS THAT WERE MENTIONED IN ELOISE'S [SAHLSTROM] PAPER TONIGHT." BOARD MEMBER BROWN STATED, "FINE." SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. CHAIRMAN POE SAID, "THE MOTION IS TO APPROVE STAFF'S RECOMMENDATION WITH THE CAVEAT OF ENSURING THAT THE FLAG LOTS AND THE RIGHT-OF-WAYS ARE A PORTION OF THAT? IS THAT CORRECT MR. BROWN [BOARD MEMBER] AS AMENDED?" BOARD MEMBER BROWN ADDED, "IN CONJUNCTION WITH THE CITY CODE AND PUD [PLANNED UNIT DEVELOPMENT] REQUIREMENTS AND CONFORMITY TO THE PUDS [PLANNED UNIT DEVELOPMENTS]." DISCUSSION. MS. SAHSTROM SAID, "IT IS SECTION 9-3. - SAYS, AN OWNER OF A SINGLE LOT OR PARCEL OF SUFFICIENT SIZE, EXCEPT IN A PLATTED AREA OF A PUD PLANNED UNIT DEVELOPMENT." BOARD MEMBER BROWN SAID, "OKAY." TO REITERATE THE MOTION, CHAIRMAN POE SAID, "THE MOTION IS TO APPROVE STAFF'S RECOMMENDATION AS PRESENTED ENSURING THAT WE TAKE INTO CONSIDERATION THE PROHIBITION OF FLAG LOTS AND ALSO CONSIDERATION OF RIGHT-OF-WAY." VOTE: BOARD MEMBER TILLIS: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE CHAIRMAN POE: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. Page 4 August 8, 2005 Public Hearing Item 401 ATTACHMENT B: Ordinance 2005-23 Page 5 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 ADDITIONAL CONDITIONS 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 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 ofthe public health, safety, and welfare ofthe 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 Section 2. Code Amendment. The City of Winter Springs Code, Chapter 9, Article I, is hereby amended as follows: (underlined type indicates additions and strikeotlt type indicates deletions). CHAPTER 9. ARTICLE I. IN GENERAL *** City of Winter Springs Ordinance No. 2005-23 Page 1 of 6 Sec. 9-1. Definitions. *** Flag lot shall mean any lot. tract or parcel ofland having a narrow. deeded. strip ofland connecting the main bodv of said lot. tract or Darcel to a dedicated and accqlted street. *** Sec. 9-2. Sale of nonplaUed pi opel t)' 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 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 bv a duly licensed surveyor and approved by the city commission by plat or a lot split resolution and a plat of th~ lots proposed to b~ sold pi epm cd by a I egistet ed sm veyOI except as provided in section 9-3. Defore such plat shall b~ reGorded, it shall be approved 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 thcUl two (2) paleds or lots. An ownel of a lot which has been di"ided shall not be gtanted appro v al for a Ieplat which wotrld Icsnlt in di v iding the ori&inally plAtted single lot into mOle than two (2) pmcc1s 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 subdilision eneineerine development plan requirements. For subdivisions or lot splits where no new streets, water, sewer, or drainage or other infrastructure st! tlctmes are involved, application for approval of preliminary or final stlbdi 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 bc Iecold<<l ofthe proposed 5ubdi v isiOl1 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 City of Winter Springs Ordinance No. 2005-23 Page 2 of 6 proposed subdivision plat or lot s.plit conforms to applicable requirements of this chapter the 5Ubdi~isiol1 regulations. *** Sec. 9-9. Replattin~. Orilrinallv 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 anv Dlat. replat or lot split application is ap1>roved by the city commission under this chapter. the applicant must demonstrate. and the city commission must find. that the proposed plat. rCJ'lat or lot split meets the following criteria: (a) The ap1>lication is in compliance with the provisions of this chapter and ap1>licable law. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. (c) The application is compatible and in harmonv 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 ap1>lication 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 of land. (g) The application provides for adequate light and air. (h) The ap1>lication does not create overcrowding of land. (i) The aDDlication facilitates the adequate and economical provision of water. sewer. and other public services. (1) 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 pUIposes 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 of land created hereunder shall abut a public or apj>roved private street. unless per:petual 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. City of Winter Springs Ordinance No. 2005-23 Page 3 of 6 (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 is zoned. (b) Every lot SJ>lit shall be processed in the following manner: (1) An ap1>lication form provided by the community develollment deJ>artment 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 paDer copies of the proposed lot split; c. A statement indicating whether new streets. water. sewer. drainage structures. or other infrastructure are involved: 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 duly 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 awlication: and e. Any other information deemed reasonablv relevant by the community development departments relative to wetlands. floodplains. listed species. hazardous waste. and the demolition or abandonment of existing structures. wells. septic tanks and other existing facilities located on the proDertv: and f. A certificate of title issued bv a title insurance company or licensed attorney duly licensed in the State of Florida evidencing that the subiect property is vested in the apjJlicant and no encumbrances prohibit the lot split. (2) Upon ap1>roval ofthe lot split by resolution of the city commission. the resolution shall be duly recorded in the public records of Seminole Countv and recorded on the appropriate city maps and documents. (c) No further division of an approved lot split is permitted under this section. unless a plat is prepared and ap,proved in accordance with this chapter. 9-12. Flat! lots. The platting. renlatting. or splitting ofland into fla~ lots is prohibited. unless approved by the city commission. City of Winter Springs Ordinance No. 2005-23 Page 4 of 6 9-13. Exemptions. The following are exempt from the platting. re.platting and lot split requirements of this chapter: fa) Lots or parcels that have been created or reconfilZUTed as a result of condemnation or other governmental acquisition. subject to meeting all other applicable development standards: (P) Lots or parcels that have been created or reconfilZUTed as a result of vacated public rieht-of way or railroad rig:hts-of-way~ (c) Lots or parcels created or reconfigured pursuant to a court order: (d) Cemetery 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: and (f) Creation and reconfiguration of public right-of-wav. Sec. 9-914-9.25. 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 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. City of Winter Springs Ordinance No. 2005-23 Page 5 of 6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2005. 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. 2005-23 Page 6 of 6