HomeMy WebLinkAbout2010 09 01 Public Hearings 500 Ordinance 2010-21 Revises Administrative Procedural Portions of City Code to Review and make Advisory Recommendations in Town Center PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 500 Information
Public Hearing X
Regular
September 1, 2010
Meeting
REQUEST: The Community Development Department — Planning Division requests the Planning
& Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2010 -21, which revises
the administrative procedural portions of the City Code to expressly require and authorize the Planning
& Zoning Board to review and make advisory recommendations on development applications in the
Town Center.
SYNOPSIS: The proposed ordinance would expressly require and authorize the Planning and Zoning
Board to make advisory recommendations on applications and special exceptions within the Town
Center. The proposed ordinance also codifies the previous City Commission's decision by resolution to
serve as the development review committee.
CONSIDERATIONS:
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Sec. 163.3164. Florida Statutes- Local Government Comprehensive Planning
Sec. 163.3174. Florida Statutes- Local planning agency. --
Sec. 166.041 Florida Statutes - 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
BACKGROUND DATA
The duties of the PZ/LPA are prescribed in the City Code in Chapter 9- Land Development and in
Chapter 20.
Although the Planning & Zoning Board/Local Planning Agency review and make recommendation on
development plans, plans for the Town Center were expedited to the City Commission and were not
required to get a recommendation from the P &Z / LPA. Sec. 20 -321 describes how the Town Center
Code is to be administered.
On August 9, 2010, the City Commission directed that an ordinance be prepared which would require
and authorize the Planning & Zoning Board to issue advisory recommendations on Town Center
development applications.
September 1, 2010
PUBLIC HEARING AGENDA ITEM 500
Page 2
The proposed ordinance will also require and authorize the Planning & Zoning Board to issue advisory
recommendations on development and special exception applications within the Town Center.
The ordinance also codifies the previous City Commission decision (by resolution) to serve as the
development review committee under the Town Center Code, and leaves open the City Commission's
discretion to appoint another development review committee by resolution.
FISCAL IMPACT:
No funding requirements are tied to the approval of this Agenda Item. However, if this Ordinance is
approved, the Planning & Zoning Board may need to conduct additional meetings in the future to handle
Town Center development and special exception applications.
COMMUNICATION EFFORTS:
Agenda Items are posted in City Hall and posted on City's Website. Additionally:
4. If the City Commission passes the ordinance on First Reading, the ordinance will be placed on the
September 1, 2010 Planning and Zoning Board agenda for review and recommendation prior to Second
and Final Reading of the ordinance by the City Commission.
Aug. 19, 2010- Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing
Aug. 23, 2010 Public Hearing for First Reading to the City Commission
Sept. 1, 2010 - Public Hearing before the Local Planning Agency
Tentative Implementation Schedule:
Sept. 2, 2010 - Anticipated Noticing in the Orlando Sentinel of Adoption Hearing on Sept. 13, 2010
Sept 13, 2010- Anticipated Adoption Hearing for Ordinance 2010 -21
STAFF RECOMMENDATION:
Staff recommends that the P &Z/Local Planning Agency hold a Public Hearing and make a
recommendation to the City Commission for Ordinance 2010 -21, which amends the Code to require a
recommendation from the Planning & Zoning Board on all Town Center applications, prior to City
Commission approval.
ATTACHMENTS:
A- Noticing in Orlando Sentinel
B- Ordinance 2010 -21
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ATTACHMENT B
ORDINANCE NO. 2010 -21
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, REGARDING 'FRE
ADMINISTRATION PROCEDURES OF THE TOWN
CENTER DISTRICT CODE; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE
SEVERABILITY, AND AN EFFECTIVE ECTIVE 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; the City Commission desires to amend the administration procedures under the
Town Center District Code; 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 hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Section 20 -321, is
hereby amended as follows: (underlined type indicates additions and strikeout type indicates
deletions)
Sec. 20-32L Administration.
(a) Interpretation of the standards. Interpretation of the standards in this division shall be the
responsibility of the city's development review committee (DRC). Unless otherwise authorized by
resolution of the City Commission, the City Commission shall serve as the development review
committee under this division. The "In Our Generation" illustrative buildout drawing in section 20-
325 of this divisionocle and on page 6 in the adopted master plan shall serve as guidance to the
development review committee with regard to the city's intent for land development in the Town
Center. The images contained in this division are meant to demonstrate the character intended for
the Town Center, but are for illustrative purposes only. The accompanying text and numbers are
rules that govern permitted development.
(b) Review process.
(1) Applications are subject to final review and approval by the development review committee.
Prior to final review and approval by the development review committee. all new applications, and
proposed substantial amendments to previously approved applications, shall be reviewed by the
planning & zoning board for purposes of issuing an advisory recommendation to the development
City of Winter Springs
Ordinance No. 2010 -21
Page 1 of 4
review committee. The committee shall have authority within reason for approving all aspects of
site planning and exterior architecture, including aesthetic appropriateness, environmental
implications, traffic impacts, and any other site - specific matters not delineated herein.
(2) Optional preliminary review: Applicants may, at their option, submit designs in schematic or
sketch form to the development review committee for preliminary approval, subject to further
review.
(3) Applicants shall submit the following items to the land development division of the department
of community development for review:
a. A current site survey, no more than one (1) year old.
b. A current tree survey, no more than one (1) year old.
c. A site plan, drawn to scale, which shall indicate:
1. Building locations and orientations, and landscape areas;
2. Parking locations and number of spaces;
3. Paved surfaces, materials and location(s);
4. Site location diagram and legal description; and
5. Signage.
d. Building elevations illustrating all sides of structures facing public streets or spaces.
e. A parking analysis justifying the proposed parking solution (such as Shared Parking, by Barton
Aschman Associates, The Urban Land Institute).
f. Other reasonable supporting documents to indicate intentions and/or any other items reasonably
required by the development review committee.
(c) Special exceptions:
(1) The city commission may by special exception waive strict compliance with provisions of this
code. In granting a special exception, the city commission must find by substantial competent
evidence that:
a. The proposed development contributes to, promotes and encourages the improvement of the
Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs
Town Center regulations.
b. The proposed development will not have an unfavorable effect on the economy of the Winter
Springs Town Center.
c. The proposed development abides by all rules in this code other than those specially excepted.
Special limitations apply to large footprint buildinvi (greater than twenty thousand (20,000) square
feet); see subsection 30- 324(12) for these limitations.
d. The proposed development meets any reasonable additional conditions, restrictions or limitations
City of winter Springs
Ordinance No. 2010 -21
Page 2 of 4
•
deemed necessary by the city commission in order to preserve and promote the intent of the Winter
Springs Town Center Master Plan.
(2) Procedure for special exceptions:
a. Approval may be granted only after a minimum of two (2) discretionary reviews. The first review
shall be before the planning & zoning board , at which time the
development-revievr committee lann' & zoning board shall review the project and provide to the
city commission an advisory recommendation regarding approval, approval with conditions, or
disapproval. The second review shall be a public hearing held before the city commission and shall
be held no sooner than seven (7) calendar days following the planning & zoning board development
revievr hearing.
b. Requests for special exceptions under this division shall include each exhibit required in the
administration review process per subsection 20- 321(b). In addition, the city commission may within
reason require additional exhibits and may defer approval of the special exception application or
schedule an additional public hearing or hearings to review those exhibits.
c. Special exceptions shall not be unreasonably withheld, but the city commission shall have
authority to require that the applicant satisfy any additional conditions it deems necessary to fulfill
goals of the master plan, including reasonable offsite improvements directly related and
proportionate to the specific impact of the request, or further review(s) and approval by the
development review committee.
(3) The city commission may grant the approval of an application for special exceptions from the
code in whole or in part upon a majority vote of its members.
(d) Site development agreement option: The city may enter into a site development agreement with
the user or developer of a property, relating to development of a particular parcel or tract of land, and
such an agreement may address such issues as impact fee credits; a specialized or negotiated concept
of design or site plan development authorized or sanctioned by this division; infrastructure service
credits or public-private participation in funding, design or construction; or other incentives based
upon strict compliance with requirements of this ordinance. The agreement will be mutually
acceptable to all parties. Considerations for the city in deciding whether to participate in such an
agreement will include compliance with the objectives and design criteria specified in this division;
demonstration of a cost benefit to city and developer; consideration of development amenities
provided by the developer. Such a site development agreement shall be adopted and be in
conformance with the requirements of the Florida Municipal Home Rule Powers Act or Sections
163.3220 through 163.4243, Florida Statutes, as to effect, duration, public hearing requirements and
other issues.
(e) Comprehensive plan compliance required: All development of property subject to the Town
Center zoning designation and these regulations shall be subject to the Comprehensive Plan of the
City of Winter Springs, Florida, and all approvals and land development permits shall be in
compliance with the comprehensive plan. An amendment to the comprehensive plan has been
proposed and is currently being processed by the city. This amendment is proposed to increase
densities for the area affected by these Town Center regulations; however, until this amendment to
the comprehensive plan is approved and adopted in accordance with state law, the city cannot
lawfully assure any owner or user of any affected property densities and land uses not currently
allowed or permitted by the city's comprehensive plan.
City of Winter Springs
Ordinance No. 2010 -21
Page 3 of 4
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of , 2010.
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. 2010 -21
Page 4 of 4