HomeMy WebLinkAbout2006 11 01 Public Hearing 200 Ordinance 2006-19
CITY COMMISSION
ITEM 200
Public Hearing
November 1.2006
Special Meeting
REQUEST: The Community Development Department - Planning Division and City Attorney
request that the City Commission hold a Public Hearing for Second Reading of Ordinance 2006-19,
which amends the zoning district code to allow public recreational areas and facilities in the C-l and
PUD zoning districts as permitted uses.
PURPOSE: The City Commission has directed that the Code be revised to support the development
of public parks in the C-l and PUD zoning districts.
APPLICABLE LAW AND PUBLIC POLICY
Section 2 (b). Article VIII. of the State Constitution.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances. Chapter 20.
Winter Springs Comprehensive Plan
Oct. 7.2006-
Oct. 9. 2006-
Oct. 16. 2006-
Oct. 23. 2006-
Oct. 25. 2006-
CHRONOLOGY:
Oct. 2.2006- City-County Workshop on Jetta Point Park with adjacent neighborhood associations and
property owners
Public Noticing in Orlando Sentinel of P&Z/LP A Public Hearing re: Ord. 2006-19
Commission formalized direction re: Ord. 2006-19
P&Z/LP A considered the request and made recommendation of Approval
Public Hearing for First Reading of Ordinance 2006-19
Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading
CONSIDERATIONS:
· This proposed text amendment to the zoning code is the result of the City Commission expressing a
desire to streamline the permitting process for future public recreational areas and facilities within
the City of Winter Springs.
Currently, amusement and recreational parks and centers are not a permitted use within the "C-l
Neighborhood Commercial" zoning district. These uses are allowed as a Conditional Use. In order
for an applicant to receive a Conditional Use, the proposed use must be evaluated against certain
November 1, 2006
Public Hearing Item 200
Page 2 of 3
criteria stipulated in the Code. Generally, these seven criteria evaluate the scale and intensity of the
proposed use to determine whether the use is compatible and harmonious with adjacent uses and to
ensure that the use will not adversely impact the immediate area or that any adverse effects are
mitigated.
Similarly, under the Planned Unit Development sections of the Code, public recreational areas and
facilities are allowed as long as certain criteria are met. The proposed use is evaluated to ensure that
it is complimentary, harmonious, and compatible with adjacent land uses. Approval of the use
considers the intensity of use, hours of operation, traffic generation, on-site parking, lighting,
buffering, etc.
Permitted uses are not subject to the same scrutiny.
· The provisions of the zoning chapter [Section 20-3] are intended to promote the public health,
morals, safety and general welfare, to conserve the taxable value of land and buildings and to protect
the character and maintain the stability of residential, business and industrial areas within the city
and to promote the orderly and beneficial development of such areas. The determination as to
whether a particular use is appropriate to a particular zoning district, is made by evaluating the
purpose and intent of the zoning district as described in its opening paragraph.
Section 20-231 describes the C-I Neighborhood Commercial District as follows:
The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages
of which are especially adaptable to selected low-traffic generating uses. Adjoining these lands
are residential districts that would be adversely affected by a greater diversification of uses
creating serious problems of traffic movement and generation. The district is intended for lands
suitable for low intense neighborhood commercial uses in close proximity to residential districts.
The land uses under this district shall promote spaciousness of land uses, minimize traffic along
adjacent thoroughfares and within residential districts, promote aesthetic and architectural
harmony, attractiveness, and compatibility with nearby residential districts and within the
community, and abide by the performance and development standards of the city, county, and
u.s. government. [Section 20-231]
The "C-I Neighborhood Commercial" zoning district is intended for low intensity uses which service
a portion of the City. One of the characteristics of the "C-l Neighborhood Commercial" zoning
district is its adjacency to residential districts. It is appropriate that public recreational areas and
facilities be located in close proximity and accessible from trails and residential areas.
The stated purpose and intent of the Planned Unit Development zoning district [Sections 20-379 and
20-353] requires permitted uses to be complimentary to and harmonious and compatible with each
other and with the adjacent land uses. The proposed code revision to the PUD zoning district deems
public recreational areas and facilities by right as being compatible with residential and
neighborhood commercial developments.
· The Code revision supports the provision of additional public recreational lands and
intergovernmental coordination which are consistent with policies of the Comprehensive Plan.
FINDINGS:
(I) The code revision is in compliance with all procedural requirements established by City
Code and Florida Statutes; and
(2) The code revision is consistent with the city's comprehensive plan;
November 1,2006
Public Hearing Item 200
Page 3 of 3
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
Based on the Findings enumerated above, the P&Z/LP A held a Public Hearing, considered the
request, and recommended Approval of Ordinance 2006-19.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading of Ordinance
2006-19, which amends the zoning district code to allow public recreational areas and facilities in the C-
1 and PUD zoning districts as permitted uses.
IMPLEMENTATION SCHEDULE:
Nov. 1,2006- Public Noticing in Orlando Sentinel of Public Hearing for 3rdReading/Adoption
Nov. 13,2006- 3rd Reading Public Hearing and Adoption of Ordinance 2006-19
ATTACHMENTS:
A- Public Noticing Ads
B- Ordinance 2006-19
COMMISSION ACTION:
Attachment A
Legal Notices
Notice of Zoning Code Change
City of Winter Springs
Ordinance 2006-19
ATTACHMENT B
ORDINANCE NO. 2006-19
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
LIST OF PERMITTED AND CONDITIONAL USES IN THE
ZONING DISTRICT CODE TO ALLOW PUBLIC
RECREATIONAL AREAS AND FACILITIES IN THE C-l,
AND PUD ZONING DISTRICTS AS PERMITTED USES;
PROVIDING FOR CONFORMING AMENDMENTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE SEVERABILITY, AND AN EFFECTIVE
DA TE.
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, consistent with Policy 1.1.3 ofthe City of Winter Springs Comprehensive Plan,
Recreation and Open Space Element, the City Commission hereby finds that affording the public
access to public recreational areas and facilities by locating recreational areas in close proximity to
residential areas will add value to the quality of life for the residents of the City; and
WHEREAS, the City Commission desires to enhance the City's already nationally
recognized parks facilities by streamlining the permitting process for future public recreational areas
and facilities within the City of Winter Springs; 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
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning
is hereby amended as follows: (underlined type indicates additions and shik"out type indicates
City of Winter Springs
Ordinance No. 2006-19
Page 1 of 4
deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter
20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 20
ZONING
* * *
Article III. Establishment of Districts.
* * *
Division 7. C-l Neighborhood Commercial Districts.
* * *
20-232.
Uses Permitted.
(a) Within any C-I Neighborhood Commercial District, no building, structure, land or water
shall be used except for one (1) or more of the following uses:
* * *
(81) Public recreational areas and facilities.
* * *
20-234.
Conditional uses.
(1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf
courses, billard halls, children's play centers, bowling alleys and similar uses). excluding public
recreational areas and facilities which shall be permitted under section 20-232 (81 );
* * *
City of Winter Springs
Ordinance No. 2006-19
Page 2 of 4
Article IV. Planned Unit Developments.
* * *
Division 2. Part A. Planned Unit Development
* * *
Sec. 20-353. Permitted uses.
The following uses shall be permitted in the planned unit development district if they are
complimentary to and compatible with each other and the adjacent land uses, and if designated on
an approved preliminary and final development plan:
* * *
(5) Public recreational areas and facilities: Public recreational areas and facilities shall be permitted
in planned residential communities and shall hereby be deemed compatible with surrounding
residential and neighborhood commercial developments.
* * *
Division 3. Part B. Planned Unit Development
Sec. 20-379. Permitted uses.
The following uses shall be permitted in the PUD district if they are complimentary to and
compatible with each other and the adjacent land uses, and if designated on an approved master and
final subdivision plan:
(5) Public recreational areas and facilities: Public recreational areas and facilities shall be permitted
in planned residential communities and shall hereby be deemed compatible with surrounding
residential and neighborhood commercial developments.
* * *
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.
City of Winter Springs
Ordinance No. 2006-19
Page 3 of 4
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.
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-_
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