Loading...
HomeMy WebLinkAbout2006 11 13 Public Hearing 202 Ordinance 2006-19 CITY COMMISSION ITEM 202 Public Hearing November 13.2006 Regular Meeting ~ REQUEST: The Community Development Department - Planning Division and City Attorney request that the City Commission hold a Public Hearing for Third Reading! Adoption 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 CHRONOLOGY: Oct. 2, 2006- City-County Workshop on Jetta Point Park with adjacent neighborhood associations and property owners Oct. 7,2006- Public Noticing in Orlando Sentinel ofP&Z/LPA Public Hearing re: Ord. 2006-19 Oct. 9, 2006- Commission formalized direction re: Ord. 2006-19 Oct. 16,2006- P&Z/LPA considered the request and made recommendation of Approval Oct. 23, 2006- City Commission Meeting 1 st Reading Public Hearing of Ordinance 2006-19 Oct. 25, 2006- Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading Nov. 1, 2006- City Commission Special Meeting 2nd Reading Public Hearing of Ordinance 2006-19 Nov. 1,2006- Public Noticing in Orlando Sentinel of Public Hearing for 3rdReading/Adoption Nov. 13,2006- City Commission Meeting 3rd Reading Public Hearing I Adoption of Ordinance 2006-19 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. November 13, 2006 Public Hearing Item 202 Page 2 of 3 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 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-l 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-l 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 November 13, 2006 Public Hearing Item 202 Page 3 of 3 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: (1) 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; 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 Third Reading! Adoption 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. ATTACHMENTS: A- Ordinance 2006-19 COMMISSION ACTION: ATTACHMENT A 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-1, 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 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, 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 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. 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 stlikGotlt type indicates City of Winter Springs Ordinance No. 2006-19 Page 1 of 5 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-l 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 5 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 and commercial communities and shall hereby be deemed compatible with surrounding residential and neighborhood commercial developments, provided said areas and facilities are located in close proximity to a limited access highway and access is from an arterial road. * * * 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 and commercial communities and shall hereby be deemed compatible with surrounding residential and neighborhood commercial development, provided said areas and facilities are located in close proximity to a limited access highway and access is from an arterial road.. * * * City of Winter Springs Ordinance No. 2006-19 Page 3 of 5 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. [Adoption Page Follows] City of Winter Springs Ordinance No. 2006-19 Page 4 of 5 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. 2006-19 Page 5 of 5 '. 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 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, consistent with Policy 1.1.3 of the 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 strikeout type indicates City of Winter Springs Ordinance No. 2006-19 Page 1 of 5 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-l 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 5 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 and commercial communities and shall hereby be deemed compatible with surrounding residential and neighborhood commercial developments. provided said areas and facilities are located at the southwest comer of the intersection ofS.R. 417 and S.R. 434 and adiacent to state owned recreational lands and the area comprises at least twenty (20) acres of land. * * * 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 and commercial communities and shall hereby be deemed compatible with surrounding residential and neighborhood commercial development. provided said areas and facilities are located at the southwest comer of the intersection ofS.R. 417 and S.R. 434 and adiacent to state owned recreational lands and the area comprises at least twenty (20) acres of land. * * * City of Winter Springs Ordinance No. 2006-19 Page 3 of 5 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. [Adoption Page Follows] City of Winter Springs Ordinance No. 2006-19 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of November, 2006. ATTEST: , , LORENZO-LUACES, City Clerk proved as to legal form and sufficiency for the City 0 inter Springs only: . GARGANESE, City Attorney First Reading: Second Reading: Effective Date: November 1,2006 November 13,2006 November 13, 2006 *~ City of Winter Springs Ordinance No. 2006-) 9 Page 5 of 5