HomeMy WebLinkAbout2015 08 12 Public Hearing 500 Ordinance 2015-14 - Amending Comprehensive Plan - Policy 1.1.10 Housing Element PLANNING & ZONING BOARD/LOCAL PLANNING
AGENCY AGENDA
ITEM 500 Consent
Information
Public Hearing X
Re ular
Au�ust 12, 2015
Meeting
REQUEST:
The Community Development Department — Planning Division requests that the Local
Planning Agency hold a Public Hearing for Ordinance 2015-14, which proposes to
remove Policy 1.1.10 from the Housing Element of the City's Comprehensive Plan related
to multi-family housing in commercially zoned areas of the City.
SYNOPSIS:
Ordinance 2015-14 proposes an amendment to the Housing Element of the City's
Comprehensive Plan related to multi-family housing in commercially zoned areas of the
City. To support a proposed text amendment to the City's Code of Ordinances that will
amend the list of permitted, conditional and prohibited uses in the G1 (Neighborhood
Commercial), C-2 (General Commercial), and C-3 (Highway 17-92 Commercial) zoning
districts by removing multi-family residential uses as a Conditional Use in these zoning
districts.
Policy 1.1.10 of the Housing Element of the Comprehensive Plan requires the City's land
development regulations to include criteria to permit multi-family housing in
commercially zoned areas contingent on the developer preserving greenspace either
onsite or elsewhere in the City. The proposed removal of Policy 1.1.10 of the Housing
Element will enhance commercial development opportunities to create diversification of
the City's tax base, and will ensure that the City's Code of Ordinances are consistent with
the Comprehensive Plan, a requirement of state law.
CONSIDERATIONS:
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general
responsibility for the conduct of the comprehensive planning program. Specifically, the
Local Planning Agency shall:
August 12,2015
Public Hearing Agenda Item 500
Page �2
(a) Be the agency responsible for the preparation of the comprehensive plan or plan
amendment and shall make recommendations to the governing body regarding the
adoption or amendment of such plan.
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from
time to time be required.
Florida Statute 166.041 -Procedures for adoption of ordinances and resolutions.
Florida Statutes 163.2511-163.3246 : Growth Policy Act.
Florida Statute 166.041 -Procedures for adoption of ordinances and resolutions.
City of Winter Springs Comprehensive Plan.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
Winter Springs Code of Ordinances Article III. Comprehensive Plan Amendments.
Section 15-30. Authority, purpose and intent.
Section 15-35. Review Procedure.
Section 15-36. Review criteria.
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff's
recommendation, and recommend that the City Commission approve, approve with
modifications (text only), or deny the application for transmittal to the Department of
Economic Opportunity.
At a minimum, the Local Planning Agency shall consider the same factors considered by
the staf£ The LPA shall hold at least one (1) public hearing prior to making its
recommendation to the City Commission.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
Policy 1.1.10 of the Housing Element is proposed to be removed from the
Comprehensive Plan as noted below:
D. HOUSING ELEMENT
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The following summarizes the data and issues which staff analyzed in reviewing this
application:
August 12,2015
Public Hearing Agenda Item 500
Page � 3
Justification for Comprehensive Plan Amendment - The proposed removal of Policy
1.1.10 from the Housing Element of the Comprehensive Plan is based upon a review of
the City's zoning districts and an assessment of the City's ability and remaining
opportunities to diversify its tax base by increasing the possibility of bringing future
commercial development to the City with the goal of creating jobs for the City's
economy. Staff noted that the G1, C-2, and C-3 zoning districts permit multi-family
residential uses via a Conditional Use approval from the City Commission.
It has been evident for some time that there is a limited amount of land and, therefore,
opportunities available for commercial development remaining in the City. It is a goal of
the City to maximize the potential for commercial development on commercially zoned
properties in the City. Diversification of the City's tax base is vital to the future economic
well-being of the City. Additional commercial development within the City is necessary
to diversify the tax base, which is currently predominantly residential. Based upon this
review, Staff is proposing to remove multi-family residential uses from the list of
Conditional Uses in the G1, C-2, and C-3 zoning districts.
The City's tax base is currently assessed at 88.55-percent residential and 11.45-percent
commercial. Slightly more than one-percent (1%) of the total land area of the City is
zoned General and Neighborhood Commercial. The Town Center and Greeneway
Interchange District do provide additional opportunities for commercial development;
however, it is obvious that, outside of these two areas, the City's commercial property is
limited, thus limiting general commercial development opportunities. Of the City's total
land area, only 8.8% remains vacant and developable. Areas with the largest
consolidation of vacant developable parcels are the Greeneway Interchange District and
the Town Center District. These two districts will provide the diversity and economic
heart that the City is currently lacking. Pressures to redevelop older commercial areas of
the City will also increase as vacant land becomes scarce.
Most commercial development in Winter Springs can be characterized as strip
commercial including one-story buildings with corresponding low floor area ratios and
surface parking fronting onto the maj or roadways. The maj ority of businesses in Winter
Springs provide services and products to residents of the City and the immediate area.
The typical commercial uses include retail stores, convenience stores, gas stations,
professional offices, banks, personal services, and restaurants. Additionally, there are a
substantial number of home-based businesses. Major employers include Seminole County
Public Schools, the City of Winter Springs, Publix Supermarket, and Inwood Consulting
Engineers. Commercial areas are allowed to build up to a maximum floor area ratio
(FAR) of 0.50. Estimates in 2009 indicate that City-wide, there were 807 business
establishments, employing 6232 employees [source- SCR, LLC., 2009]. Total existing
Commercial acreage equals 123 acres, or 1 percent of the land designated on the Existing
Land Use Map.
August 12,2015
Public Hearing Agenda Item 500
Page �4
Although the City has made great strides in establishing its Town Center, the economic
downturn slowed its growth temporarily. However, over the next two decades, as the City
approaches build-out, it will see the fruition of the Town Center and the Greeneway
Interchange District. Of the City's total land area, only 8.8% remains vacant and
developable. Areas with the largest consolidation of vacant developable parcels are the
Greeneway Interchange District and the Town Center District. These two districts will
provide the diversity and economic heart that the City is currently lacking. As previously
stated, pressures to redevelop older commercial areas of the City will also increase as
vacant commercial land becomes scarce. Therefore the City is looking to protect its
existing commercially zoned lands as well as prepare for the future redevelopment of
older commercial areas. While the City has recognized higher intensity development is
necessary for the Town Center to succeed economically, staff has recognized the need to
develop commercially zoned properties with commercial uses. Therefore, the City will be
looking to develop vacant commercial property and redevelopment properties in a more
intense fashion where possible.
(This remainder of this page left intentionally blank)
August 12,2015
Public Hearing Agenda Item 500
Page � 5
The following from the table Future Land Use Element of the Comprehensive Plan lists
each existing land use category and its corresponding acreage:
Existing Land Density/Intensity Acreage Percent of
Use Cate ories Total
Residential- included in
HOA Common residential acreage
Areas
Residential- up to 1 du/gross 1,161 14 percent
Rural Density acre
Residential-Low 1.1 to 3.5 du/gross 2,303 27 percent
Density acre
Residential- 3.6 to 9 du/gross 618 7 percent
Medium Density acre
Residential- up to 9 du/gross 137 2 percent
Mobile Homes acre
Residential- 9.1 to 21 du/gross 203 2 percent
High Density acre
Town Center Subject to the 579 7 percent
Density Town Center
District Code
Mixed Use Up to 12 du/gross 141 2 percent
acre; 1.0 FAR
Commercial- .50 to 1.0 FAR 0 0 percent
GID
Commercial- up to 0.50 FAR 123 1 percent
Neighborhood/
General
Industrial up to 0.50 FAR 84 1 percent
Public/Semi- up to 0.50 FAR 637 8 percent
Public
Recreation- up to 0.25 FAR 682 8 percent
Private &Public
Open Space included in N/A N/A
recreation acreage
Resource included in N/A N/A
Protection- residential acreage
Drainage
Conservation not developable 1,434 17 percent
Vacant likely not 343 4 percent
Constrained developable
Vacant varies based on 768 9 percent
Developable FLUM
TOTAL 8,494 100 ercent
August 12,2015
Public Hearing Agenda Item 500
Page �6
Policy 1.1.10 of the Housing Element supports multi-family residential housing within
commercial zoning districts in the Code of Ordinances. Therefore, to ensure the
Comprehensive Plan supports the Code of Ordinances and the City's current efforts to
preserve commercial development opportunities, staff is proposing to remove Policy
1.1.10 from the Comprehensive Plan via Ordinance 2015-14.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
The proposed amendment is not anticipated to pose any effects on the City's road/traffic
circulation.
AVAILABILITY OF ACCESS:
The proposed amendment is not anticipated to pose any effects on availability of access.
FUNCTION CLASSIFICATION:
The proposed amendment is not anticipated to pose any effects on function classification.
POTABLE WATER:
The proposed amendment is not anticipated to pose any effects on potable water.
WASTEWATER:
The proposed amendment is not anticipated to pose any effects on wastewater.
RECLAIMED WATER:
The proposed amendment is not anticipated to pose any effects on reclaimed water.
ELECTRIC SERVICE:
The proposed amendment is not anticipated to pose any effects on electric service.
SOLID WASTE:
The proposed amendment is not anticipated to pose any effects on solid waste.
STORMWATER MANAGEMENT:
The proposed amendment is not anticipated to pose any effects on stormwater
management.
POLICE:
The proposed amendment is not anticipated to pose any effects on Police.
FIRE:
The proposed amendment is not anticipated to pose any effects on fire.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The proposed amendment is not anticipated to pose any effects on nuisance potential to
surrounding land uses.
August 12,2015
Public Hearing Agenda Item 500
Page �7
NATURAL RESOURCES COMPATIBILITY:
The proposed amendment is not anticipated to pose any effects on natural resource
compatibility.
SOILS:
The proposed amendment is not anticipated to pose any effects on soils.
FLOOD PRONE AREAS:
The proposed amendment is not anticipated to pose any effects on flood prone areas.
HISTORIC RESOURCES:
The proposed amendment is not anticipated to pose any effects on historic resources.
WILDLIFE:
The proposed amendment is not anticipated to pose any effects on wildlife.
SCHOOLS:
The proposed amendment is not anticipated to pose any effects on schools.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
The G1, C-2, and C-3 zoning districts currently permit multi-family residential uses via a
Conditional Use approval from the City Commission. Properties with these zoning
designations are required to have a "Commercial" Future Land Use designation.
Per the Comprehensive Plan, the "Commercial" future land use category permits up to a
maximum of 0.5 floor area ratio, and encourages the development of commercial uses as
opposed to residential uses. Therefore the proposed amendment to the Housing Element
is consistent with the Future Land Use Element of the Comprehensive Plan.
Policies 2.3.3, 2.3.4, 2.3.5, of the Town Center Goals, Objectives, and Policies, and
Obj ective 3.5, and Policies 3.5.1, 3.5.3, 3.5.4, 3.5.5, and 3.5.6 from the Greeneway
Interchange District Goals, Objectives, and Policies refer to diversification of tax base in
these areas of the City. The removal of Housing Element Policy 1.1.10 is a continuation
of these Goals, Objectives, and Policies citywide in an effort to diversify the City's tax
base. Furthermore, the above referenced Goals, Objectives, and Policies support the
removal of Policy 1.1.10 from the Housing Element of the Comprehensive Plan.
The proposed Comprehensive Plan amendment is consistent with the following
obj ectives and policy from the Future Land Use Element of the Comprehensive Plan:
August 12,2015
Public Hearing Agenda Item 500
Page � 8
1. Policy 1.5.4: Conversions. Support the transition or conversion of older
residential homes fronting onto arterial roadways, to a live–work or commercial
use, by reducing the required development standards when appropriate, while
maintaining compatibility and protecting adjacent neighborhood uses.
Housin�Element
According to the Housing Element, Winter Springs is committed to Smart Growth, which
can be defined as growth that is economically sound, environmentally friendly, and
supportive of community livability—growth that enhances the community`s quality of
life. Housing also impacts the economic strength of a community and provides a basis for
directing the manner and type of economic development within an area. Since housing
helps determine the economic strength of a community, it should be the objective of the
City to protect existing housing values and develop policies that result in the appreciation
of existing neighborhoods.
The proposed Comprehensive Plan amendment is consistent with the following
obj ectives and policy from the Housing Element of the Comprehensive Plan:
1. Policy 2.4.9: Support the conversion of older residential homes fronting onto
arterial roadways to live-work or commercial use with proper rehabilitation.
2. Policy 2.2.6: Prohibit the expansion of noncompatible uses within residential
neighborhoods.
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan with the exception of those that are proposed
to be amended.
2. The request is in conformance with the purpose and intent of the City's Code of
Ordinances.
3. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida
Statutes.
FISCAL IMPACT:
The proposed Comprehensive Plan amendment is not expected to pose any negative fiscal
impacts. To the contrary, staff feels that this revision will assist in diversifying the tax
base. The removal of multi-family residential development from the list Conditional Uses
in the City's commercial zoning districts is anticipated to preserve these areas for
commercial development, which generates higher ad valorum taxes when said properties
are developed and furthers the City's goal of diversifying the tax base which is
predominately residential.
August 12,2015
Public Hearing Agenda Item 500
Page � 9
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and
Zoning Board members and are available on the City's Website, LaserFiche, and the
City's Server. The Agenda has been forwarded to the Mayor and City Commission; City
Manager; and City Attorney/Staf£ Additionally, the Meeting Agenda has been sent to
media/press representatives, all Homeowner's Associations on file with the City, all
individuals who have requested Agenda information, Department Directors; and also
posted outside City Hall; posted inside City Hall with additional copies available for the
general public.
July 30, 2015 Public Noticing in Orlando Sentinel of LPA Hearing
July 30, 2015 Public Noticing in Orlando Sentinel of Public Hearing/Transmittal
August 12, 2015 Local Planning Agency Review of Ordinance 2015-14
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board/Local Planning Agency recommend
that the City Commission approve Ordinance 2015-14, which proposes to remove
Comprehensive Plan Policy 1.1.10 of the Housing Element related to multi-family
housing in commercially zoned areas.
ATTACHMENTS:
A. Ordinance 2015-14
B. Advertisement, Orlando Sentinel—July 30, 2015
Attachment " A "
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING
THE CITY'S COMPREHENSIVE PLAN RELATED TO THE GOALS,
OBJECTIVES AND POLICIES OF THE HOUSING ELEMENT;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN, AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENTS.
WHEREAS, section 163.3161 et. seq.,Florida Statutes(2015)established the Community
Planning Act, which was formerly known as the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Community Planning Act requires each municipality in the State of
Florida to prepare, adopt, and update a Comprehensive Plan; and
WHEREAS, the City's Community Development Department has also performed a
review of the goals, obj ectives, and policies of the Comprehensive Plan related to enhancing the
City's ability to diversify its tax base by increasing the possibility of bringing future commercial
development to the City that will create local jobs for the City's local economy; and
WHEREAS, the City Commission hereby finds that the diversification of the City's tax
base is vital to the future economic well-being of the City and the City's tax base and that
additional commercial development within the City is necessary to diversify the City's tax base
which is currently predominantly residential; and
WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on August 12, 2015,in accordance with the procedures in the Community Planning
Act, on the proposed comprehensive plan amendment set forth in this Ordinance and considered
applicable data and analysis and the findings and advice of staff, citizens, and all interested parties
submitting written and oral comments; and
WHEREAS, the Local Planning Agency recommended the City Commission adopt the
comprehensive plan text amendment set forth in this Ordinance; and
WHEREAS,the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and
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.
City of Winter Springs
Ordinance 2015-
Page 1 of 3
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Community Planning Act, Sections 163.3161 et. seq.,Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt a
comprehensive plan amendment incorporating the revisions stated herein as part of the City of
Winter Springs Comprehensive Plan.
Section 4. Adoption of Text Amendment. The City Commission of the City of Winter
Springs hereby amends the Housing Element of the Winter Springs Comprehensive Plan as
follows: (underlined type indicates additions and�ee�r�type indicates deletions):
�
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission of the City of Winter
Springs, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section 6. 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 7. Incorporation Into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be
incorporated into the City of Winter Springs Comprehensive Plan 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
Comprehensive Plan may be freely made.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one(31) days after
the state land planning agency notifies the City that the plan amendment package is complete
pursuant to section 163.3184 (3)(c), Florida Statutes. If the plan amendment is timely challenged,
the plan amendment shall not become effective until the state land planning agency or the
Administration Commission enters a final order determining the adopted amendment to be in
compliance. No development orders, development permits, or land use dependent on this plan
amendment may be issued or commenced before it has become effective. After and from the
effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall
amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the plan
amendment shall have the legal status of the City of Winter Springs Comprehensive Plan, as
amended.
City of Winter Springs
Ordinance 2015-
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2015.
CHARLES LACEY, 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
Transmittal Hearing: August 24, 2015
Adoption Hearing:
Effective Date:
City of Winter Springs
Ordinance 2015-
Page 3 of 3
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Rate ResoWtion,[he Assessment Ordinance and the SUeet Lightlng AssessmeM Roll are 5 p.m.,Monday through Friday,at the City's Clerk's Office,located at 1126 E.SR 434, 1021 Palm Springs Drive,
available for inspection at the oNice of the Ciry Clerk,located at City Hall,at City Hall,95 Winter Springs,Florida.For more information,call(407)327-1800#227.Persons with Altamonte Springs,free,
Triple[Lake Road,Casselberry,Florida 32707.If}rou have any queslions,please contac[ disabilities needing assistance to participate in any of these proceedings should contact 407-660-2003.
Marry rawnkowsk�ar�ao��zsz-��z5,ezc.iza�. the Employee Relations Department Coordinator,48 hours in advance of the meeting
at(407)327-1800,#236.This is a public hearing.Interested parties are advised that JosephRasseloftheSentinel
ANY PERSON WISHING TO ENSURE THAT AN ADEQl1ATE RECORD OF THE PROCEEDINGS they may appear at the meeting and be heard with respect to the proposed ordinance. st�{{complled this report.To
IS MAIMAINED FOR APPELLATE PURPOSES IS ADVISED TO MAKE THE NECESSARY . If YOU(I@CId2 t0 8pP281 8fly fBCO(llfll@fld8tl011 Of dQCIS10fl fIlBCIB bY thB CI�COfI'IfT11SSI0f1 submitanitem e-mail .
ARRANGEMEMS FOR RECORDING Ai HIS OR HER OWN IXPENSE.PERSONS WITH with respect to any matter considered at this meeting,you will need a record of the communityevents@
DISABILRIES NEEDING ASSISTANCE TO PARTiCIPA?E IN ANY OF iHESE PROCEEDINGS proceedings,and for such purposes,you may need to ensure that a verbatim record of orlandosentinel.com. �
SHOULD CONfACTTHE CfIY CLERK AT LEAST FOUR DAYS IN ADVANCE OFTHE MEEfING AT the proceedings is made upon which the appeal is based. . � �
� (407)262-7700,EXL 1133. � � - .
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