HomeMy WebLinkAbout2004 11 22 Public Hearings 403
CITY COMMISSION AGENDA
ITEM 403
Consent
Information
Public Hearin
Re ular
MGR. ~ IDEPT ;#
.
Authorization
x
November 22,2004
Meeting
REQUEST:
The Community Development Department - Planning Division, and City Attorney requests that the
City Commission hold a Public Hearing for First Reading to consider amending Chapter 20,
Zoning, of the Code of Ordinances, as it relates to rezoning, variances, conditional uses, waivers,
and administrative appeals.
PURPOSE:
To request that the City Commission consider revisions to and additional application and
procedural requirements for rezoning variances, conditional uses, and administrative
appeals. This ordinance also establishes an allowance for a waiver provision for certain land
development regulations where the intent of the City's comprehensive plan and zoning code
is met.
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).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprin!:!s Charter Article IV. Governin!:! Bodv.
Section 4.06. General powers and duties.
Section 4.15 Ordinances in General.
Winter Sprin!:!s Code of Ordinances. Chapter 20. Zonin!:!
Euclid v. Amber Realtv Co., 272 U.S. 365 (1926) (upholdin!:! the constitutionalitv
of the principles of zonin!:!).
CHRONOLOGY:
Oct. 28, 2004- Public Noticing in Orlando Sentinel of LP A Public Hearing
Nov. 3, 2004- P & Z Board (LP A) made recommendation of approval
@)
November 22, 2004
Public Hearing Item 403
CONSIDERA TIONS:
. There are currently no uniform application criteria for rezonings, variances,
conditional uses, waivers, and administrative appeals, depicted in the City of
Winter Springs Code of Ordinances.
. The City Code does not currently entertain a waver provision for conditional use
permits.
. The amended code would relegate BOA decision-making authority regarding variances,
conditional uses, waivers, and administrative appeals, to written recommendation status,
submitted to the City Commission for final determination.
. Amended code eliminates seven (7) day waiting period for BOA and LP A written
recommendations, introducing "reasonable period of time" to be determined by City
Commission.
FINDINGS:
. The request is in keeping with the intent ofthe 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.
P & Z I LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board! Local Planning Agency on
November 3, 2004, the Board held a Public Hearing and recommended "Approval" to the
Commission with the stipulation that clarification be added to the ordinance language to
ensure that an applicant understands that no variances are granted to permited uses.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of
Ordinance 2004-49, a Code Amendment streamlining and simplifying the current
application process and general procedure relevant to rezoning variances, conditional uses,
and administrative appeals and establishing an allowance for a waiver provision for certain
land development regulations where the intent ofthe City's comprehensive plan and zoning
code is met.
IMPLEMENTATION SCHEDULE:
Nov. 22, 2004- I st Reading of Ordinance 2004-49
Dec. 2, 2004- Public Noticing in the Orlando Sentinel
Dec. 13,2004- 2nd Reading/Adoption of Ordinance 2004-49
ATTACHMENTS:
A. Ordinance 2004-49
B. P&Z/Local Planning Agency Draft Unapproved Minutes, Nov. 3,2004
COMMISSION ACTION:
Page 2
November 22, 2004
Public Hearing Item 403
ATTACHMENT A
Ordinance 2004-49
Page 3
DRAFT -10/22/04
ORDINANCE NO. 2004-49
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES,
PROVIDING FOR REVISED AND ADDITIONAL
APPLICA TION AND PROCEDURAL REQUIREMENTS FOR
REZONING, VARIANCES, CONDITIONAL USES, WAIVERS,
AND ADMINISTRATIVE APPEALS; PROVIDING THE CITY
COMMISSION AUTHORITY TO REVIEW DECISIONS OF
THE BOARD OF ADJUSTMENT WITH REGARD TO ANY
APPLICA TION FOR REZONING, VARIANCE,
CONDITIONAL USE, WAIVER, AND ADMINISTRATIVE
APPEAL; MAKING CONFORMING AMENDMENTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article vm,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, Chapter 163, Florida Statutes, requires the City of Winter Springs to adopt,
amend, and enforce land development regulations that are consistent with and implement its adopted
comprehensive plan; 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 desires to provide design flexibility in new development
and redevelopment within the City; and
WHEREAS, the City Commission has determined it to be advantageous, under certain
defined conditions, to allow for the waiver of certain land development regulations where the intent
of the City's comprehensive plan and zoning code is met and the project will be significantly
enhanced from the minimum requirements of the City Code; and
WHEREAS, the City desires to streamline and simplify the current application process and
general procedure relevant to land use decisions; and
City of Winter Springs
Ordinance No. 2004-49
Page I of 17
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 5t!ikcout type indicates
deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter
20, Zoning. It is intended that the text in Chapter 20, Zoning, 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 II. ADMINISTRATION
DIVISION 1. GENERALL"l PROCEDURE: LAND USE DECISIONS
Sec. 20-26. Intent and purpose.
The intent and purpose of this division is to set forth the procedure for applying for variances.
conditional uses. rezonings. waivers. and administrative appeals as set forth in this chapter.
Sec. 20-27. Action of the city City commission: authority.
Unless otherwise provided in this chapter. the city commission shall render all final decisions
regarding rezonings. variances. conditional uses. waivers. and administrative appeals provided for
in this chapter. The city commission may impose reasonable conditions on any approved rezoning.
variance. conditional use. waiver or administrative appeal to the extent deemed necessary and
relevant to ensure compliance with applicable criteria and other applicable provisions of the city
code and comprehensive plan. All formal decisions shall be based on competent substantial
evidence and the applicable criteria set forth in this chapter. The city commission may adopt. by
resolution. quasi-iudicial rules and procedures to implement this division. Action of tIle. city
cOJl1l11i55ion 5hall be by Of dinahcc duly pa55ed ahd 5hall bc ~Pl cad upon the Illihute5 of tIle. city.
City of Winter Springs
Ordinance No. 2004-49
Page 2 of 17
Sec. 20-28. Actions to alteI, etc. Due process.
All applicants shall be afforded minimal due process as required by law. including the right
to receive notice. be heard. present evidence. cross-examine witnesses. and be represented by a duly
authorized representative.
(a) All applications for re.zollillg withill tlK dry shall be. ple.se.nte.d to tllG plannillg and
lOllillg bOa1d rol their cOllside.iatioll and ICCOll1lhc.ndation to the. dty cOlllIuission.
AffiIll1ati ve. action by tile city commission upon any rezoning application shall Iequire a
public he.a1ing by the city commission. TIle public he.a1ing befoIe tile city commission shall
be. advCit1scd accOIding to the pIoce.dmes set faIth in P.S. ch. 163 and P.S. ch. 166, as thc.y
now e.xist or as they may be. Ie.nunlbeie.d 01 anlcnded.
(b) The. city conl1n:ission is cluthoIized to pIocced without the ICCOlhl1le.ndations of tile.
planning and zoning bOa1d ~f such ICcolllHlendat1ons ate. 1I0t fa! wchde.d to the. e.itj
COu1.111~SS~on w~tllill s'-v(,i1 (7) days floui tlte. dat,- of the planlling and lOil~ng bO<l1d ule.a~lig.
(c) Tile. city conhuissioh shall act 011 a rcqucst fal Ie.ZOllillg witll~n s~x (6) nlonths of
I ccc.ipt of an appl~e.at~oh by tIle planllillg alid zOu~i1g bOill d floul tile. pi opel ty ow II'-!' If the.
applicant ie.qUe.sts a dday in the i'-ZOllillg pioce.dt11e.s, ailY such dday tllat will hot pellhit
COhUhission act~oli, aftc.i due. publ~c uot!", w ~thill tIle. s;X-lhouth pCI iod oftilue, sllall ie.sult
in the. application bccOIlling null and void.
Sec. 20-29. Applications.
ill. The city manager or the city manager's designee is hereby authorized to prepare
applications in furtherance of this division. At a minimum. all applications for rezonings.
variances. conditional uses. waivers. and administrative appeals shall contain the following
information:
ill A general description of the relief sought under this division.
ill A brief explanation as to why the application satisfies the relevant criteria set
forth in this division.
m The name(s) of the owner(s) of the particular real property.
~ If the applicant is other than all of the owners of the particular property.
written consent si gned by all owners of the particular real property shall be attached.
ffi The legal description of the particular real property. accompanied bva
City of Winter Springs
Ordinance No. 2004-49
Page 3 of 17
certified surveyor that portion of the map maintained by the Seminole County
Property Appraiser reflecting the boundaries of the particular real property.
fQl The current and future land use and the zoning designations on the real
property.
Sec. 20-30. Staff review.
U!L The city staff shall be required to review all applications for rezonings. variances.
conditional uses. waivers. and administrative appeals. and make written recommendations
to the applicable city board and the city commission.
.au.. Upon completion of the written recommendation. city staff shall forward the
application. along with the recommendation. to either the planning and zoning board or the
board of adiustment. as required by this division. for a duly noticed public hearing.
Sec. 20-31. Rezonines.
U!L Any real property owner may file a rezoning application requesting a change in
zoning designation for their real property.
ilil. The planning and zoning board shall be required to review all rezoning applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable rezoning criteria set forth in this section.
~ Upon receipt of the planning and zoning board's recommendation. the city
commission shall make a final decision on the application. If the city commission determines
that the planning and zoning board has not made a recommendation on an application within
a reasonable period of time. the city commission may. at its discretion. consider an
application without the planning and zoning board's recommendation.
@. All rezoning recommendations and final decisions shall be based on the following
criteria to the extent applicable:
ill Whether the applicant has satisfied all procedural requirements provided
bylaw.
ill Whether the proposed change is consistent with the city's comprehensi ve plan.
Ql. Whether the proposed change is contrary to. or incompatible with. the
City of Winter Springs
Ordinance No. 2004-49
Page 4 of 17
established land use pattern.
ffi Whether the proposed change would create an isolated district unrelated to
adjacent and nearby districts.
~ Whether the proposed change would materially alter the oopulation density
pattern and thereby increase or overtax the load on public facilities such as schools.
utilities. streets. access. etc.
(Ql. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
ill Whether the proposed change would be contrary to any applicable land use
plan adopted by the city and would have an adverse effect on the comprehensive plan.
!ID. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
(2l Whether the proposed change will adversely influence living conditions in the
surrounding neighborhood.
.Q.Ql Whether the oroposed change will create or excessively increase traffic
congestion or otherwise affect public safety.
il!l. Whether the proposed change will create or exacerbate a drainage problem.
11.2l Whether the proposed change will seriously reduce light and air to adiacent
areas.
illl.. Whether the proposed change will adversely affect property values in the
adiacent areas.
@. Whether the proposed change will be a deterrent to the improvement or
development of adiacent property in accord with existing regulations.
fUl Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
!.l.Qt Whether there are substantial reasons why the property cannot be used in
accord with existing zoning.
City of Winter Springs
Ordinance No. 2004-49
Page 5 of 17
il1.L Whether the proposed change is out of scale with the economic and market
needs of the city.
llli Whether it is impossible to find other adequate sites in the city for the
proposed use in districts alreadv permitting such use.
il2l Whether maintaining the current zoning classification accomplishes a
legitimate public puq>ose.
Sec. 20-32. Variances.
1& Any real property owner may file a variance application requesting variance from this
chapter for their real property.
!.Ill. The board of adiustment shall be required to review all variance applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable variance criteria set forth in this section.
(tl Upon receipt of the board of adiustment' s recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adiustment has not made a recommendation on an application within a reasonable period
of time. the city commission may. at its discretion. consider an application without the board
of adiustment' s recommendation.
@. All variance recommendations and final decisions shall be based on an affirmative
finding as to each of the following criterion:
ill That special conditions and circumstances exist which are peculiar to the land.
structure or building involved and which are not applicable to other lands. buildings
or structures in the same zoning district.
ill That literal intel}lretation ofthis chapter would deprive the applicant of rights
commonly enioyed by other properties in the same zoning district under the terms of
this chapter and would work unnecessary and undue hardship on the applicant.
ill That the special conditions and circumstances referred to in subsection (d)(1)
of this section do not result from the actions of the applicant.
m That approval of the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands. buildings. or structures
City of Winter Springs
Ordinance No. 2004-49
Page 6 of 17
in the same zoning district.
ffi That the requested variance is the minimum variance from this chapter
necessary to make possible the reasonable use of the land. building or structure.
fQl That approval of the variance will be in harmony with the general intent and
pur:pose of this chapter. and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
Sec. 20-33. Conditional uses.
Uti.. Any real property owner may file a conditional use application requesting a
conditional use of their real property.
.au. The board of adjustment shall be required to review all conditional use applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable conditional use criteria set forth in this section.
@ Upon receipt of the board of adjustment's recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adjustment has not made a recommendation on an application within a reasonable period
of time. the city commission may. at its discretion. consider an application without the board
of adiustment's recommendation.
@. All conditional use recommendations and final decisions shall be based on the
following criteria to the extent applicable:
ill. Whether the applicant has demonstrated the conditional use. including its
proposed scale and intensity. traffic-generating characteristics. and offsite impacts.
is compatible and harmonious with adiacent land uses. and will not adversely
impact land use activities in the immediate vicinity.
m Whether the applicant has demonstrated the size and shape of the site. the
proposed access and internal circulation. and the design enhancements to be adequate
to accommodate the proposed scale and intensity of the conditional use requested.
The site shall be of sufficient size to accommodate design amenities such as
screening. buffers. landscaping. open space. off-street parking. and other similar site
plan improvements needed to mitigate against potential adverse impacts of the
proposed use.
City of Winter Springs
Ordinance No. 2004-49
Page 7 of 17
ill Whether the proposed use will have an adverse impact on the local economy.
including governmental fiscal impact. employment. and property values.
ffi Whether the proposed use will have an adverse impact on the natural
environment. including air. water. and noise pollution. vegetation and wildlife. open
space. noxious and desirable vegetation. and flood hazards.
~ Whether the proposed use will have an adverse impact on historic. scenic. and
cultural resources. including views and vistas. and loss or degradation of cultural and
historic resources.
@. Whether the proposed use will have an adverse impact on public services.
including water. sewer. surface water management. police. fire. parks and recreation.
streets. public transportation. mariana and waterways. and bicycle and pedestrian
facilities.
ill Whether the proposed use will have an adverse impact on housing and social
conditions. including variety of housing unit types and prices. and neighborhood
quality.
Sec. 20-34. Waivers.
!ill.. Any real property owner may file a waiver application requesting a waiver for their
real property from any term and condition of this chapter if the property owner clearly
demonstrates that the applicable term or condition creates an illogical. impossible.
impractical. or patently unreasonable result.
iliL The board of adiustment shall be required to review all waiver applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
apolicable conditional use criteria set forth in this section.
fa Upon receipt of the board of adiustment' s recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adiustment has not made a recommendation on an application within a reasonable period
oftime. the city commission may. at its discretion. consider an application without the board
of adiustment's recommendation.
fill... In addition to the standard set forth in paragraph (a) above. all waiver
recommendations and final decisions shall also comply with the following criteria:
City of Winter Springs
Ordinance No. 2004-49
Page 8 of 17
ill The proposed development plan is in substantial compliance with this chapter
and in compliance with the comprehensive plan.
ill The proposed development plan will significantly enhance the real property.
ill The proposed development plan serves the public health. safety. and welfare.
ID The waiver will not diminish property values in or alter the essential character
of the surrounding neighborhood.
~ The waiver granted is the minimum waiver that will eliminate or reduce the
illogical. impossible. impractical. or patently unreasonable result caused by the
applicable term or condition under this chapter.
(Ql The proposed development plan is compatible with the surrounding
nei ghborhood.
Sec. 20-35. Administrative appeals.
@l. Any final administrative decision regarding the enforcement or interpretation of this
chapter. where it is alleged there is an error by an administrative official. can be appealed as
set forth in this section.
.all. The board of adiustment shall be required to review all administrative appeals and
make a recommendation to the city commission.
{fl Upon receipt of the board of adiustment' s recommendation. the city commission shall
make a final decision on the administrative appeal. If the city commission determines that
the board of adjustment has not made a recommendation on an administrative appeal within
a reasonable period of time. the city commission may. at its discretion. consider an
application without the board of adiustment's recommendation.
(Ql Review of administrative decisions shall be based on the following criteria:
ill Whether the applicant was properly afforded procedural due process:
at Whether the decision under review is supported by competent. substantial
evidence: and
ill Whether the decision under review complied with applicable law. including
a proper inter:pretation of any provision under this Chapter.
City of Winter Springs
Ordinance No. 2004-49
Page 9 of 17
& The city commission shall have the right to reverse or affirm. wholly or in part. or
may modify the order. requirement. decision or determination as ought to be made. and to
that end. shall have all the powers of the officers from whom the appeal is taken.
***
DIVISION 3. BOARD OF ADJUSTMENT
***
Sec. 20-82. Duties and powers; general.
The. bo.nd of adjustme.llt shall make. Ie.commcndatiolls to the dty COn111USSIOll to giant .thY
valiallCe. 01 spe.c;al e.xception as dc.line.ated ;n this chapu~i.
~tt1 The board of adjustment shall have the additiohal following specific powers and
duties:
ilia-: To hear and make recommendations on appeals only where it is alleged there
is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of any zoning ordinance or regulations
adopted. as provided in this chapter.
illb: To review and make recommendations to the city commission on any
application for variance. as provided in this chapter. To heat and nlm
recommc.ndations to the. city conuhis~~on on spe.cial exceptions as authotized under
the teBllS of the. city's zoning ordinances, to make Iccomme.ndationii to the city
conunisiiion 011 such questions as arc. in vol vc.d ill dacnililling when special
exc.eptionii iihould be. g1<thtcd, <1JId to make. Ice.Othme.ndatiolls to tile. city comnusiiion
on spe.e.ial e.xe.e.ptiOll.ii w;th appiopriate conditions alId safe.gualds, 01 to Ie.commc.nd
dGII~~1 of &pee;~l GXGe.ptioh5 w 1.e.1o hot inl.a! 1110ny wid. d.e. pm pose. ahd intent of tI.e
Z;OII~ll.g I egulations. In 01 al.tih~ ally spe.cial eAce.ption w ;th appIopl iate. conditiohS aud
safcgualds, violation of such cOhditiohS and safugualds, when mad" a palt of the.
KuliS undeI w l.ie.h the special e.xce.ption is gl anle.d, shall he dee.hlCd a v iolatiol1 of
this d.apte.l. The. hOal d of adj ustme.Jlt may ICc.omhlel1d a leasol1abk ti111'- liluit W;th;h
whid. tI.e. action fOI which tl.e. special exception i~ lcquiiC,d sl.all be begun 01
cOlt'lpktcd, 01 both. The. boatd of adjustment may Icconduwd thc gIahting of special
cxccptiohs w hc..ll tile applic.ant is see.k:ing a nunol de v iatioh fl 0111 zOllihg I e.quil c..lhc.ntS
50 long as tile glallting of such special "xception docs not cause a d.angc.. of chalactei
in tile neigllbolhood, docs not constitute. a iczonillg of thc propeIty ill qUc..stiOll 01
docs not eleate a hatdship fOI all)! of tile adjacent ploperty. The boatd of adjustment
City of Winter Springs
Ordinance No. 2004-49
Page 10 of 17
Illay also leeonullehd tile glantihg of special exceptions witllin C-l ncighboIllood
cOlhlhelcial distIicts wlleh thG appliea"t has not sougllt a use. listed ih section 20-232,
wheh tile use sought will not cause all undue hardship to tile Mca ofthe eit), will not
eleate. a hazard 01 thleat to tile lle.alth, safety and welfare. of the. community, will
geherally conlply with the charaeter of tIle. hcighbOlhood and when the use is in
harnlony with tile. intc.nt of the zoning Oldinahce.s of the. city.
rue-: To review and make recommendations to the city commission on any
application for conditional use. as provided in this chapter. To rceomme.nd upon
appe.al such vatianee non. the teBus of this ChaptcI as will not be. conhary to the.
public il1tCle.st w he.l e., owing to spe.dal conditions, a lite.Ial c.nfoIec.nle.nt of thG
plO v isions of tl.is d.apte.l w ~11lG5nlt ~.l t111iIeCGSSal)' and undue hardship. 11 OldGI to
Jccolluuend any valiance. non} the teBhs of this ehapte.l, tl.G board of adjush.le.nt must
alld sl.all fihd.
I. That spe.c~al conditions and C~lcUl1l5taiICG5 GX~5t wl.~ch ellG pec.ul~ell to
tllG laiId, 5t. dctme o. buildihg in vol vcd .u\d wh~d. ale hot applicable to otl.el
lahds, st. uctlli G5 O. bliad~llg5 ~ll the SalllG zoning d~stt ~ct,
2. Tllat tile. special conditions and G~ICulhstalICes do hot result flOlh thc
actions of the applicant,
J. That glanting thG valia"cG lcquested will not contel on the applicaht
any special pIi v ilege that is denied by tIllS chaptel to otheI lands, buildings
OJ stIuettnes in the same zoning district,
4. That litcIal intelpJctation of the plovisiolls of this ehaptel would
dGpJi vG the. applicallt of righ~ Gommonly cnjo}cd by Othe.l pIope.lties in the
sanle. zoning dishiet unde.l the. tc.llUS of this d.aptcl and would wOIk
unllece.ssMY l.aldsh:ip 011 tI.e applicant,
5. That the v.uianee. glaiIted is the mihil11UllI val~a"ce. tl.at willlllaloc
possible. the.te.asonable use of the land, buildihg Ot sbuctme,
6. That tile. giant of the Vell~aIlGG will be. in Ilarl110ny w~tl. the. ge.he.lal
illtent a"d pthp05C ohhis d.aptGJ, will not be ihjmious to tile nG~ghbo.hood,
01 otl.el wise dehin.cntal to tile. public wdfarf,.
{1L To review and make recommendations to the city commission on any
application for waiver. as provided in this chapter.
City of Winter Springs
Ordinance No. 2004-49
Page II of 17
illd:- To hear and make recommendations on such other matters and issues and
give such guidance as may be required by law or requested of it by the city
commission.
(2) In 1 ccomll'\ehding tl,e g! anting of any variahce, t],c, boal d of adjnStllIcnt Inay
rcco!lImend appl Opl iate conditions and safcgnM ds. ViolatiolIs of snch conditions M,d
safcgn.u ds, w he.n made. a pM t of the tellns nndei w hiGh the v M i.ulce is g! Mlted, shall
be. deen,ed a violation of this chapteI. The bOaId of adjnstment may !ecol11mend a
ie.asonable tin,e.limit within whicl, the action fol which the. valiance. is Ie.qnile.d shall
be. be.gnu 01 completed, 01 both.
(3) UndcI hO e.~1e.umstance.s sl,all tl,e bo.ud of adjnSt:I'lc.nt Ie.commend thG
glalIting of a valiancG to pe.1l1l.it a use. uot gGI,e.!all} 01 by spe.cial exception pellllitted
in the. LOiling d;stIict illVol ve.d, 01 allY use. e.xple.ssly 01 by illIplie.atioh plol,;b;ocd by
thG tGi ,lIS of tl,~s chaptel in the Loning distJ iGt. No nOnGOnfai ill~ug U1.e. of I1G~ghbo, ~ug
lands, 51. tlcttlles 01 buildings ih the. Mill(. z.onihg classifiGatiou OJ dish ;Gt, aJ1d hO
PGlluitted use of lands, St1UGttlle.S 01 build;ngs in Ot),e.1 z.onihg classifie.atiou5 01
disb.~cts shall be. cOhsideiGd glouuds fo, tl,e. authol~z.at~oll of a Va..~allce.
ililt41 The board of adjustment may recommend such rules of procedure as are necessary
and not in conflict with the provisions of the Code of Ordinances of the city, or those statutes
of the state which are specifically applicable to municipalities.
(5) In exercising its powers, the boardofa4justmentmay, uponappea) and in conformity
with provisions of this cha1rter, recommend ~~ or affi:rmi:ng, whoM} or partly. or may
~ommend ~ the OI'dcr. l'CQ~mcnt, dc.cision or de.~rmination as oUJdrt to be
made. and to that end shaH hale. all the. powers of the officers from 'Whom the appeal is taken.
A ma;jom, lOte of all members ofthc board shaH be. nccGSS8IY to recommend lClersal of any
order, requirement, dCGision or d~~1:[nination of an} such A.ih,i1.istratilG official. or to
r~ommend deciding in falor of the applicant on any matter upon which the board is required
to pass 1:U1der these regulations.
Sec. 20-83. PI oc.edtll eSt Reserved.
(a) UpOh !cccipt, ~u p,opeJ fUllH and with applop,iate. fGe.s, all application fa! a v.uia.i(.e.,
special exceptioh 01 conditiollai use. AS deliileated ih tl,is ehapocJ, tI,e boald of a.djustluent
shall schedule such appliGation fOI cOhsidelation at a public mCGting.
(b) All such applications will be pJoce.sSGd withill sixty (60) days of Iccdpt of SMlle.
(c) Allllleetillgs fOI considelation of a valiance, special exception 01 cOhditiona:1 u5e~
City of Winter Springs
Ordinance No. 2004-49
Page 12 of 17
sl,all be. hotked fa. at kast sev(.l1 (7) days pIiOl to the date of the Il,cctihg ii, tl,e follo~ihg
IltallhCI.
(1) Postingthea:ffcctcdpropcrty withAnotiCGofthGmccting whiGhindicates the
matter to be c.onsidered.
(2) Posting in city hall a notice. of the ltlccting which indicates the pIOpel1y
affected and the matteI to be consideIed.
(3) At least se. y~n (7) days prior to the m~, the board of adjustment shaH also
nottfJ all owners of property adjacent to or within one htmdrcd fift) (150) feet of the
property to be. a:ffcc;tcd of thG time, date and plaGC of the mcetina. Such letter mtlSt
also indicate the nriance, special exception or conditional use reqnested, and mtlSt
require proof of dcli\lery.
(d) All ihtclested pelsohs sl,all be ehtitled to be hea1d at such Illectih~s 01 to bc hCa1d by
~litt(.n 5tatellteht submitted at 01 pliOl to such hlcctihg.
(e) h, tI,e Cveht a special exceptio11, vd1idhCC~ 0, eo"ditiollal U5C i5110t c1dtho,iLCd by tl,e
OIdinanees of thc city, the pWlon lequcsting tl,c unautholized action Inust submit an
application pursuant to sections 20~28.
(0 Appeals to the bo,lId of adjustmcnt l11ay be ta:k(.l1 by a1ty pel SOh aMIievcd 01 b} an}
officeI, boatd 01 bUIeau of the dty affeeted by any decision of .111 adminiSl:1ati ve offidal
unde! the zoning regulations. Such appeal shall be takeh ~ithih thirty (30) days .lite! such
decision is made by filing ~ith the officer from ~hom the appeal is takw and ~ith the boatd
of adjusbnellt, a notice of appcal specifying the gtonnds tllcIeof. The appealshaU be in such
form as preseIibed by tile Illks of the bOc11d. Thc. administIative official nonl ~hom tl,c.
appeal i5 taken shall, upon notification of the filing, of the appeal, forth ~ ith transmit to the
bOaid of adjustInent all the. documents, plans, papels or ottIe! materials constituting the
IeCOId upon ""hid, the. action appe.akd [.oJ.. I'I'M take.11.
(g) The bOa1d of adju5t("e.ht shall fix a ('Monable til,,' fOl the healihg of lit, appeal, gi ve
publie hotice tl,eleof, as well as due hotice to the patties in ihtele5t, and I"ake
iC':'OlltJltendatiolt5 to the city eond"is5ioh fOI the appeal ""ithilt a ieasohable tillle. UpOh the
heating, any patty may appec11 in pel SOh 01 by agent 01 by atto11ley. POI p.occdUlal pmp05e5,
.11, application fOl a spc.cial exception shall bc handled by the boatd of adjustn,ent tI,e samc
as fOl appeals.
(h) Any valiance, special exception 0, conditional use ~hicl, luay be g,lanted by tl,e city
council shall expire six (6) month5 aftel the effecti ve date of such action by the city
City of Winter Springs
Ordinance No. 2004-49
Page 13 of 17
eOlllIhission, unkss a building pe.lIl1it ba5ed UpOh ahd ihe.ol p01ating tl.e. valiahee., spe.cial
e.xe.e.ptiOh OJ c,onditiohal use. is obtaihe.d within the. afolcsaid six-month pctiod. IIowcve.I, thc
city eommissioh IlIay Ienew such vanahec, special exceptioh or cOhditional use for OhC (1)
additiohal period of six (6) IlIOhtl.s, plOvided good cause is shown and the application for
extcnsioh sl.all be filed with thc boatd at lea5t thiHy (30) days prior to the expiIation of the
Six-Il1onth period. AhY lenewal 11Iay be. glatlted without public heMing, howeveI, a
leapplication fee may bc, chalged in an amount not to exceed the amount of the original
application fee. It i5 intc.nde.d that pIovisiollS containe.d within thi5 5ubsGc.tion at.e to be
le.tIoacti ve. to the. e.xtent that any valiance., spe.dal exception 01 conditional use. pl"v iously
g1c\lltc,d sl.all be.cOInc, void if a pe.dod of time. in e.xee.ss of twelve (12) nlonths shall have.
lapscd, alld a building pelmit ba5ed upon a1ld ineolpolatihg tlll~' va1iancc5, 5pecial c,xccptions
01 eOJ..ditional US"5 hM not be"n issu"d pdOI to c,xpdation of Such time. limit.
***
ARTICLE ITI. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
***
Sec. 20-102. Official zoning map, working maps and procedures.
***
(h) Voluntary rezoning application. All applications for rezoning shall be considered
and processed pursuant to this chapter. Each applie.allt fOI Ie.zoning shall 5ubmit an
applie,ation on a fOlm approved by the, dty to thc. dtj' de.Ik. Eac.h applic.ation must be
accompallie.d by a county tax map with a scale of 1.400, wl.id. hM de,a..l} n.aIk:cd thereon
the Me.a to be. eomide.lcd fOI Ie.zoning, along with a fce. to COvCI tI.c. e.osts of adveltising the
public. he.a1~lIg Oil tI." v.d~tlc:\'I"e. o. the. .e.g;ble..e.d ,hchlllotic.C5 M tI." e.c:\b" hid} be ahd ~.I
additioh tIlc,Ido, a fifty-doHal fcc. to C,Ove.1 tlac, kgal e.05t5 to the. dty of pIcpa1ihg the.
oIdinahCc. 01 !iud. additiohal1egal costs cl5 Ilia}' be cnculllbc.lCd by the. city, to ICZOhe tile
ploperty. Afte.1 the applkation is subn.itted, the planhillg ahd z;ohihg bOa1d shal1lc,vicw tI.c.
applkat~on at ~ts (Ie.At .e,gula11y SdlGdukd nlcGting and shall foJ. wa.d its Ice,omhlGhdatiohS
to the. dty cOlluuissioh. Aft". th" e,;t)' GOlhll.issioll IGe.dve.s thG le.GOIJJlhGhda:tioh!i of tile
pla1l1\i1lg al1d zonihg boat. d, it shall detellllihe w hethel it will consideI a: cha:hgc ofz;oning a1ld
if it shall consideI a dlahge of zoning, tile COh'lIl1is!iioh shall diI cct tl.G dty attolllcy to pI cpal e.
an OIdihalKe. to Ie.zone tl.c subject plOpe.I ty and ad v e.1tise. tllG Sallie [01 public he.Ming.
***
City of Winter Springs
Ordinance No. 2004-49
Page 14 of 17
DIVISION 2. R-AAA SINGLE-FAMILY DWELLING DISTRICTS
***
Sec. 20-123. Conditional uses.
***
UcJ01C a conditional use. 11Ia)1 bc glante.d witlli.. thc dassifkatioh, tllc boatd of adjusthleht must, after
public heatings, find tllat the use. or U5e.5 ate. con5i5tGllt ~ith tIle geheial Lonihg plahs and ~itll tl.c.
public inteie.st.
***
DIVISION 3. R-CI SINGLE-FAMILY DWELLING DISTRICT
***
Sec. 20-143. Conditional uses.
***
Udol e. a e.ondit~ohal u~e Ihay be gl anted ~ ithiil tile. da55ifie.atioh, the. boatd of adju~tiHc.nt nluM, after
public Ileatings, fihd that tile. use. 01 uses are eOh5isteht ~itll the gehclal zonihg plahs ahd ~itll tIle.
publie. int'-i e.st.
***
DIVISION 4. R-IAA AND R-IA ONE-FAMILY DWELLING DISTRICTS
***
Sec. 20-163. Conditional uses.
***
(b) Udore. a conditional u5C IHay be granted ~~tl"';'ll thc das5ifkation, the bOa1d of
adjustment n1Ust, after public hGaIings, find tllat tll' us, or us's ate C0h5i5t'-nt ~ith the.
gencral zoning plan and witll the public intelest.
***
City of Winter Springs
Ordinance No. 2004-49
Page 15 of 17
DIVISION 5. R-l ONE-FAMILY DWELLING DISTRICTS
***
Sec. 20-183. Conditional uses.
***
(b) DeJo!c' a "odditional tiS" may b" 51.ultc,d within the clMsifieation, the bOAld of
adjusttnc,nt must, afteI public hc,atings, find that thc, use 01 USC,S MC, eonsistc'nt with tile
gc,l1c,ral zoning plan and with the public intelc,st.
***
DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS
***
Sec. 20-208. Conditional uses.
***
(b) DcfOle a conditiOIlal use Ilia)' bc, glahtcd withih the classification, the board of
adjustmeht Inust, aftel public heatings, find that tIle use 01 uses arc consistcht with tIle
genc,lal zoning plan and with tile public illtelest.
***
DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS
***
Sec. 20-268. Conditional uses.
***
(b) Defore a conditional use may be g:rallted witllin th" da5sific'atioh, tllc' board of
adjusttllc'tlt JlluSt, aft,,! public heatings, find t'llat th" tiS" 01 US"S atc' consistent with the
gc'dclall.oning and Wit'll thc, public' int(,!c,st.
***
City of Winter Springs
Ordinance No. 2004-49
Page 16 of 17
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. 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 5. 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 , 2004.
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. 2004-
Page 17 of 17
November 22, 2004
Public Hearing Item 403
ATTACHMENT B
Excerpts from Draft Unapproved Minutes, Nov. 3, 2004
III. PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
Community Development Department - Planning Division And Office Of
The City Attorney
A. Requests That The Local Planning Agency Hold A Public Hearing To
Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As
It Relates To Rezoning, Variances, Conditional Uses, Waivers, And
Administrative Appeals.
Chairperson Krebs opened the "Public Input" portion of this Agenda item.
No one spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda item.
Discussion.
"I MAKE A MOTION THAT WE RECOMMEND THE APPROVAL TO
THE CITY COMMISSION FOR ADOPTION OF ORDINANCE 2004-49,
A CODE AMENDMENT STREAMLINING AND SIMPL YFYING THE
CURRENT APPLICATION PROCESS AND GENERAL PROCEDURE
RELEVENT TO LAND USE DECISIONS, WITH THE ADDITION OF
.SOME LANGUAGE THAT DENIES USE VARIANCE." MOTION BY
BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON
KARR. DISCUSSION.
VOTE:
BOARDMEMBERBROWN: AYE
VICE CHAIRPERSON KARR: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
Page 4