HomeMy WebLinkAbout2013 06 10 Regular 600 Request for advisability on modifying Section 9-10 (c) (1) City Code of Ordinances
COMMISSION AGENDA
Informational
Consent
ITEM600
Public Hearings
Regular
X
June 10, 2013KSRS
Regular MeetingCity ManagerDepartment
REQUEST:
The Community Development Department, Planning Division is presenting the City
Commission with a request for advisability as to whether or not to pursue modifications
to Section 9-10 (c)(1) of the City’s Code of Ordinances relating to general conditions for
approval of a lot split request.
SYNOPSIS:
On May 7, 2013, City staff received an application for the City Commission to consider a
text amendment to Section 9-10 (c)(1) of the City’s Code of Ordinances. Specifically, the
request is to modify the requirements contained in Section 9-10 (c)(1), which applies to any
replat or lot split application proposed for approval by the City Commission. Section 9-10
(c)(1) requires a replat or lot split meet the following criteria:
(c) The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends in the
neighborhood which have been previously approved by the city commission. For properties
zoned residential (excluding planned unit developments and Town Center), the resulting
lots must comply with the following additional minimum standard:
(1) The size of each proposed lot must be equal to or greater than the average size
of all lots that are located within a one thousand (1,000) foot radius around the
outer perimeter of the proposed lots and have the same city zoning designation as
the proposed lots. The average shall be defined as the arithmetic mean and shall be
determined using the average of all residential lots, excluding lots and tracts
Regular 600 PAGE 1 OF 3 - June 10, 2013
reserved for stormwater, conservation, and areas on previously approved plans
designated for future development. The proposed lots shall be included in the
calculation of the average.
The requested modification would allow a lot split as long as the resultant lots meet or
exceed the minimum lot size required by the applicable zoning designation. The language
contained in Section 9-10 (c) would remain in place and only the language pertaining to the
size of the resultant lots would be changed should the City Commission direct staff to
pursue a text amendment.
CONSIDERATIONS:
APPLICABLE LAW AND PUBLIC POLICY
:
Section 2 (b), Article VIII, Powers - Constitution of the State of Florida
Florida Statute 163.3194 - Legal Status of Comprehensive Plan
Florida Statute 163.3201 - Relationship of Comprehensive Plan in exercise of Land
Development Regulatory Authority
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 9
Winter Springs Comprehensive Plan
Euclid v. Amber Realty Co., 272 U.S. 365 (1926) (upholding the constitutionality of
the principles of zoning).
DISCUSSION
:
In 2006, the City Commission adopted Ordinance 2006-11 which was adopted to promote
compatibility and harmony between a property that is proposed for replat or lot split and the
surrounding properties. Ordinance 2006-11 provides a methodology to demonstrate
compatibility and harmony by requiring applicants for replats or lot splits to demonstrate
that each proposed lot that is created is at least as large as the average of all lots within
1,000 feet of the subject property that are located within the same zoning district. This only
applies to properties zoned residential and excludes properties zoned Planned Unit
Development (PUD) and Town Center. The Findings considered as part of the agenda item
on Ordinance 2006-11 were as follows:
The request is in keeping with the intent of the 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.
The request provides a more objective methodology to demonstrate that a plat, re
plat, or lot split is compatible and in harmony with the neighborhood.
If the Commission directs staff to prepare a text amendment to modify Section 9-10 (c) (1),
the amended text would be prepared so as to insure that said text remains consistent with
Regular 600 PAGE 2 OF 3 - June 10, 2013
the Comprehensive Plan, the City Code, and all other applicable regulations.
FISCAL IMPACT:
There is no immediately measurable fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and
the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City’s Website, LaserFiche, and the City’s
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends that the City Commission consider the request and the information
provided in this agenda item and provide direction to staff as they deem appropriate. The
Commission can instruct staff to pursue a text amendment to the Code of Ordinances or
choose to leave the Code as it currently reads relative to replat and lot split approval criteria.
ATTACHMENTS:
A.Section 9-10 (c)(1) - City of Ordinances
B.Ordinance 2006-11
Regular 600 PAGE 3 OF 3 - June 10, 2013
Municode
Attachment"A"
Sec. 9-10. - General criteria for approval.
Before any plat replat or lot split application is approved by the city commission under this chapter, the
applicant must demonstrate, and the city commission must find, that the proposed plat, replat or lot split meets the
following criteria:
(a)The application is in compliance with the provisions of this chapter and applicable law.
(b)
The application is consistent with the city's comprehensive plan and applicable city master plans.
(c)
The application is compatible and in harmony with the surrounding neighborhood including with respect
to the size of existing surrounding lots and development trends in the neighborhood which have been
previously approved by the city commission. For properties zoned residential (excluding planned unit
developments and Town Center), the resulting lots must comply with the following additional minimum
standard:
(1)
The size of each proposed lot must be equal to or greater than the average size of all lots that
are located within a one thousand (1,000) foot radius around the outer perimeter of the proposed
lots and have the same city zoning designation as the proposed lots. The average shall be
defined as the arithmetic mean and shall be determined using the average of all residential lots,
excluding lots and tracts reserved for stormwater, conservation, and areas on previously
approved plans designated for future development. The proposed lots shall be included in the
calculation of the average.
(d)
The application does not create any lots, tracts of land or developments that do not conform to the City
Code.
(e)
The application does not create burdensome congestion on the streets and highways.
(f)
The application promotes the orderly layout and use of land.
(g)
The application provides for adequate light and air.
(h)
The application does not create overcrowding of land.
(i)
The application does not pose any significant harm to the adequate and economical provision of water,
sewer, and other public services.
(j)
The application provides for proper ingress and egress through a public or approved private street or
perpetual cross access easements.
(Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2006-11, § 2, 9-11-06)
http://library.municode.com/...a%2f%2flibrary.municode.com%2fHTML%2f12019%2flevel3%2fPTIICOOR_CH9LADE_ARTIINGE.html\[5/16/2013 10:38:22 AM\]
Attachment"B"