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HomeMy WebLinkAbout2004 01 12 Public Hearings 404COMMISSION AGENDA ITEM 404 January 12, 2004 Meeting Consent Information Public Hearing X Regular �o' Ir�elvf ft I MGR.- /Dept. REQUEST: The Community Development Department — Planning Division and City Attorney request the City Commission hold a public hearing for First Reading of Ordinance 2004-04, amending Winter Springs Code Section 20-101 & 20-102. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for 1st reading of Ordinance 2004-04, amending Winter Springs Code Section 20-101 & 20-102. APPLICABLE LAW AND PUBLIC POLICY 1. 2. 3. 4. 5. 6. Florida Statute 166.041 (Procedures for adoption of ordinances and resolutions, including rezoning ordinances.) Winter Springs Charter, Section 4.15, Ordinances in General. (Procedures for adoption of ordinances) Winter Springs Code, Section 20-101. Winter Springs Code, Section 20-102. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926) (upholding the constitutionality of the principles of zoning). Florida Municipal Home Rule Powers Act. CHRONOLOGY: May 7, 2003- At the regular meeting of the Planning & Zoning Board, the Board unanimously recommended updating this section of the Code to reflect current mapping technology and processes. January 12, 2004 Public Hearing Item 404 Page 2 Dec. 8, 2003- While adopting the Official Zoning Map and Future Land Use Map, the City Commission authorized revision of the code to reflect current mapping technology. FINDINGS: 1. The table of zoning districts in Section 20-101 of the Code is redundant and should be deleted. 2. Section 20-102 of the Code stipulates that maps shall be prepared and displayed at a scale of 1:400. Computer mapping is created at a scale of 1:1 allowing maps to be printed to scale at any size. If a city map were to be printed at a scale of 1:400, it would be too large for display, at a size of more than 6'x8'. Maps are currently printed at 36"x48", which is a dimension able to be plotted by a standard plotter. 3. The current code stipulates, "the official zoning map shall be covered with an acetate cover suitable for marking with a grease pencil" and "the official zoning map as well as all working maps shall be amended to reflect the rezoning by placing the appropriate color on the acetate cover of the official zoning map and by placing the appropriate color on the appropriate pages of the working maps." This "cut and paste" method for updating maps was replaced decades ago with the emergence of computer aided drafting (CAD) and more recently with geographic information systems (GIS) technology. This technology allows the electronic exchange of data and is more efficient and more accurate. 4. Section 20-102(g) stipulates certain fees to be collected as part of the rezoning application; however, Resolution No. 2001-45, revised the City's schedule of filing fees. 5. Section 20-101 and 20-102 should be amended to reflect current acceptable mapping procedures and the use of mapping technology. 6. The City Attorney recommends that the current code be updated to provide more detailed review standards for rezoning applications. Fifteen (15) such standards are being proposed in the new Section 20-102(d). Further, the City Attorney also recommends that a new Section 20-102(e) be added to the code that expressly authorizes more restrictive zoning changes with the property owner's consent. IMPLEMENTATION SCHEDULE: Jan. 12, 2004- ls` Reading of Ordinance 2004-04 Jan. 15, 2004- Public Noticing in Orlando Sentinel for 2"d Reading and Adoption Feb. 9, 2004- 2"d Reading and Adoption of Ordinance 2004-04 January 12, 2004 Public Hearing Item 404 Page 3 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for first reading of Ordinance 2004-04, amending Sections 20-101 & 102 of the Winter Springs' Code. ATTACHMENT: A- Excerpts from Minutes of Planning & Zoning Board Meeting, Nov. 11, 2003 B- Ordinance 2004-04 COMMISSION ACTION: January 12, 2004 Public Hearing Item 404 Page 3 ATTACHMENT A Excerpts from the Draft Minutes of Planning & Zoning Board Nov. 11, 2003 CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING TUESDAY, NOVEMBER 11 , 2003 ADD -ON 2. Community Development Department Requests The Planning And Zoning Board/Local Planning Agency, Recommend To The City Commission, Revision of Section 20-102 Of The Winter Springs Code Of Ordinances, To Allow Use Of Current Technology In Maintaining The Official Maps Of City. "I WOULD LIKE TO MAKE A MOTION THAT THE PLANNING AND ZONING BOARD RECOMMEND TO THE CITY COMMISSION, THE REVISION OF SECTION 20-102. OF THE WINTER SPRINGS CODE OF ORDINANCES, TO ALLOW THE USE OF CURRENT TECHNOLOGY IN MAINTAINING THE OFFICIAL MAPS FOR THE CITY." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KREBS. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. ATTACHMENT "B" ORDINANCE NO.2004-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING; PROVIDING PROCEDURES FOR UPDATING AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF WINTER SPRINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission 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, the City has the police power to establish comprehensive zoning districts and regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); 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 true and correct and are fully incorporated herein by this reference. Section 2. Code Amendments. Sections 20-101 and 20-102 of the City of Winter Springs Code are hereby amended as follows (underlined type indicates additions and str-ikeeut type indicates 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): ARTICLE III. ESTABLISHMENT OF DISTRICTS. DIVISION 1. GENERALLY Section 20-101. Division of city. City of Winter Springs Ordinance No. 2004-04 Page 1 of 7 In order to classify, regulate and restrict the uses of land, water, buildings and structures, and to regulate and to restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the corporate areas of the city is divided into districts as provided in this Article III.. • • . ... .. • ... .. Section 20-102. Official Zoning Map, Working Maps and Procedures. (a) Official zoning map adoption. The city is hereby divided into zones, or districts, as shown on the official zoning map, which, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this chapter. A copy of tThe official zoning map shall alms be available for en public inspection display in the city hall and shall be the final authority as to current zoning status of lands, buildings and other structures in the city. ider- the fell ptiew AM 111111111,01 (b) Official zoning map description. The official zoning map shall consist of an electronic color -coded map of the entire cityk-a seale of 1.400, and shali be eever-ed with an aeetate eever- suitable for- mar -king with a grease pene4. Each individual color on the official zoning map shall represent a separate and distinct zoning classification. (c) Official zoning map update and annual approval. The community development department- planning division shall oversee the maintenance of the official zoning map. It shall be the division's duty and responsibility to keep the zoning may up - City of Winter Springs Ordinance No. 2004-04 Page 2 of 7 to -date. Maps shall be updated within ten (10) days following the adoption by the city commission of an ordinance rezoning real property. In addition, the update shall include adding to the map's database, a reference to the ordinance adopting the rezoning_ A copy of tT-he official zoning map shall be presented annually to the planning and zoning board for review. During the review, the board shall review the map for accuracy and situations where an administrative rezoning may be appropriate. Upon completion of the review, the planning and zoning board shall issue a report to the city commission pointing out any inaccuracies in the map and any properties which may be considered for an administrative rezoning. The city commission shall review the planning and zoning board's report and make such decisions that are necessary to update the city's official zoning map_ updated in ^ peFma~e~* fashion eaeh on a sheet ef paper- to be pefmanently affixed in the !ewer- right hand eemer- ef the effieial Beside the identif�,ing number- shall be plaeed the or-dinanee number- r-estilting in the- e�eitliig,- chid- the -date -of- its -adeptien. The "dated -wing map- shall be Ica by the planning and zoning boa M 31 of eaeh year- and shall be pr-esented to the eity 0 fer- their- appr-eval at th -1y seheduled meeting earh year- thereafter-. ... 0111 in aeeer-danee with the. . . f this or-dinanee and F.S. 166.041 and 163.3181(3) as the), are now existing er- as the), may be renumbered er- amended, if ehanges are made ift distfi6t. betindar-ies ef ether- matters peftr-ayed en the effieial zening map, sueh ehanges shall . m—a-de e-4.1 Any unauthorized change to the city's official zoning map of whatever kind by any person or persons shall be considered a violation of this chapter and punishable under Section 1-15 of the city code. City of Winter Springs Ordinance No.2004-04 Page 3 of 7 IN (# Rezoning application; procedures; standards of review. Anv vartv may request consideration for rezoning by submittine a completed Rezonin Application to the Community Development Department- Planning Division, along with the items required to be supplied at time of application, including payment of any associated fees as established by resolution or ordinance of the city commission. oa by a eeunty tax .., with ., ale of i .nnn „hiewhieh has ,.lean-i„ marked theme, the- hearing on the or-dinan U.- e. steFed mail nefiraes as the ease may be and in addition 0 legal eests as may be eneumber-ed by the eity, to rezone the . After the application is submitted, the planning and zoning board shall review the application at its next regularly scheduled meeting and shall forward its recommendations to the city commission. Subsequent to receiving the recommendations of the planning and zoning board, After- the city commission reeeivesthe r-eeemmendatien-of the plafming and zening beafd, , i shall determine whether it will same for- publie hear4ng approve, approve with conditions, or deny the rezoning application. All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in compliance with all procedural requirements established by the city code and law: (2) The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited to, the Future Land Use Map and the proposed change would not have an adverse effect on the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the cit�prehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law; (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services City of Winter Springs Ordinance No. 2004-04 Page 4 of 7 such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the cit�prehensive plan; (8) Changed or changing conditions make the proposed rezoning necessary; (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Upon the city being presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a detriment to the improvement or development of adjacent property in accordance with existing regulations; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) There are legitimate and substantial reasons why a reasonable use of the property cannot be accomplished under existingzoning, (14) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city-, (15) The proposed rezoning does not violate any applicable land use regulations adopted b, thy_ (e) Provisions for restrictive rezonings. In approving a change in the zoning classification on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regulations in the same zoning district. Such restrictions may include one or more of the following: (1) Use restrictions greater than those otherwise specified for that particular district; (2) Density restrictions greater than those otherwise specified for the particular district; City of Winter Springs Ordinance No. 2004-04 Page 5 of 7 (3) Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways, (4) Height limits more restrictive than otherwise permitted in the district; (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) Minimum floor area greater than otherwise specified for structures in the particular district; (7) Open space requirements greater than otherwise required for property in the particular district, (8) Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (10) Restrictions on any other matters which the city commission is authorized to regulate. Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land, without regard transfer of ownership or other interests, and may be removed only pon further amendment to the zoning classification of the subiect property in accordance with the procedures prescribed herein. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of 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. 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. City of Winter Springs Ordinance No. 2004-04 Page 6 of 7 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida and as provided by the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2004. 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: JOHN F. BUSH, Mayor City of Winter Springs Ordinance No. 2004-04 Page 7 of 7