The URL can be used to link to this page

Home My WebLink About2015 09 02 Public Hearing 500 Ordinance 2015-20 - Section 9-10 (c)( 1) Text Amendment PLANNING & ZONING BOARD AGENDA I T E M 5 0 0 Information Public Hearin X Re ular Se�tember 2, 2015 Meeting REQUEST: The Community Development Department — Planning Division requests that the Planning&Zoning Board consider Ordinance 2015-20,which proposes to delete Section 9-10(c)(1) from the City's Code of Ordinances relating to general conditions for approval of a plat, replat or lot split request. SYNOPSIS: Section 9-10(c)(1)of the City's Code of Ordinances regulates the procedure for any plat, replat or lot split of real property within the City of Winter Springs. This section requires that any plat, replat lot or split of property result in lots that meet the arithmetic mean of all "like zoned"properties within a 1,000-foot radius,irrespective of the minimum lot size allowed by the zoning district in which the property is located. Ordinance 2015-20 proposes to delete Section 9-10(c)(1) from the Code of Ordinances and permit any plat, replat lot or split of property to be compatible and in harmony to the surrounding neighborhood, and in compliance with the minimum lot size allowed by the zoning district in which the lots are located. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. • Property owner's name(s): Not applicable • Propertv addresses: Not applicable • Propertv Parcel ID numbers: Not applicable • Current FLUM Desi�nations: Not applicable • Current Zonin�Desi�nations: Not applicable September 2,2015 Plaiuung&Zoning Board Agenda,Item 500 Page 2 of 4 • Previouslv A�proved Development permits such as conditional use, waiver, or variance (if an : Not applicable • Development A�reements (if any�: Not applicable • Pendin� Code Enforcement Actions (if any�: Not applicable • City Liens (if any�: Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS • 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: At the August 10, 2015 City Commission meeting, staff was directed to prepare a text amendment to delete Section 9-10(c)(1)from the Code of Ordinances. Section 9-10(c)(1)requires areplat orlot split to meet the following criteria: (c) The application is compatible and in harmonv with the surroundin�nei�hborhood includin�with respect to the size of existin�surroundin�lots and development trends in the nei�hborhood which have been previously ap�roved by the city commission. For properties zoned residential(excluding planned unit developments and Town Center), the resultin� lots must complv with the followin� additional minimum standard: (1) The size of each proposed lot must be equal to or�eater than the avera eg 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 citv zonin�desi�nation as the proposed lots. The avera�e shall be de�ned as the arithmetic mean and shall be determined usin�the avera�of all residential lots, excludin�lots and tracts reserved for stormwater, conservation, and areas on previouslv ap�rovedplans desi�nated for future development. The proposed lots shall be included in the calculation of the avera�e. Section 9-10 of the City Code was adopted in 2005 to establish general criteria for approval of a plat, replat, or lot split prior to said item being presented to the City Commission for consideration of approval. This section of the Code was adopted to promote compatibility and harmony between a property that is proposed for a replat or lot split and the surrounding properties. September 2,2015 Plaiuung&Zoning Board Agenda,Item 500 Page 3 of 4 In 2006, the City Commission adopted Ordinance 2006-11 which added the "arithmatic mean" provision to Section 9-10 C as it was determined there was a need to supplement the existing criteria to provide additional safeguards for established residential neighborhoods. This is a methodology for applicants to demonstrate compatibility and harmony with the surrounding properties 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 as the subj ect property. If the proposed lots are as large as the average size of all lots within 1,000 feet of the subject property, then the lot split can be presented to the City Commission for consideration. If the proposed lots are not as large as the average size of all lots within 1,000 feet of the subj ect property,then staff would be required to recommend denial of the lot split application to the City Commission. This criteria only applies to properties zoned residential and excludes properties zoned Planned Unit Development(PUD) and Town Center. Prior to the adoption of Section 9-10 and Section 9-10(c)(1), a platted single lot could be divided into no more than 2 parcels or lots with the approval of the City Commission. These lots were required to be consistent with the minimum lot size and other applicable criteria for the zoning district in which it was located. Staff has performed a survey of other jurisdictions located within Central Florida. Their procedures are noted below: • Oviedo —Permits a non-statutory subdivision when a lot is divided into 3 lots or less. Lots must satisfy the minimum criteria of the zoning district in which it is located. Only requires Land Use Administrator approval. • Casselberry—Permits a Minor subdivision when 41ots or less are created from 1 parcel.Lots created must satisfy minimum criteria of the zoning district in which it is located. Requires City Commission approval and a plat. • Longwood-permits a lot split when a parcel is split into no more than 2 parcels provided lots created satisfy minimum zoning district criteria. Requires City Commission approval. • Tavares — permits a lot split when a parcel is split into no more than 2 lots provided lots created satisfy the minimum criteria of the zoning district in which it is located. Does not require City Commission approval. Only approval of the Community Development Director. • Lady Lake — permits a lot split provided parcel is split into no more than 2 lots, and lots created satisfy minimum criteria of the zoning district in which it is located. Requires approval of the Town Manager. FISCAL IMPACT: There is no direct fiscal impact associated with this agenda item. 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/Staff. 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. September 2,2015 Plaiuung&Zoning Board Agenda,Item 500 Page 4 of 4 STAFF RECOMMENDATION: Staff recommends the Planning&Zoning Board forward a recommendation of approval for Ordinance 2015-20 to the City Commission,which proposes to delete Section 9-10 (c)(1)from the City's Code of Ordinances relating to general conditions for approval of a plat, replat or lot split request. ATTACHMENTS: A. Ordinance 2015-20 Attachment " A " ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING SECTION 9-10 OF THE CITY CODE REGARDING THE GENERAL CRITERIA FOR CONSIDERING THE APPROVAL OF PLAT, REPLAT OR LOT SPLIT APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, (the "City") is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is also granted authority to regulate the subdivision of land within its jurisdictional limits pursuant to chapter 177, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City Commission") desires to modify the City's criteria for considering the approval of replats, plats and lot splits; 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 fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. Section 9-10 of the City Code is hereby amended as follows (proposed additions to City Code are indicated by underline and deletions are indicated by s�ee��): 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: City of Winter Springs Ordinance No. 2015- Page 1 of 3 (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. �'^r r r°�-*�°� °�' °�;�'°r*;�' �°°�'„�';r� r'�rr°�' r;* ttE�L2�ini2�i�� ,,.� T„ !`2i��o,-1 �t,o o „1�;,,,. 1„�i--9--r""'i-r't-'r�s�C�,ti„,1., �;�t, �t,o � �.,11.,.,�;,,.. .,.�.�;�;.,,,.,1 ,ti, ��.,,,.�.,,-.�• !1l Tl,o � o.� 1 � 1 ,-�1,.,,, �l,o �,�ti-vr� �rvpv�ccrrvcTirci� �2�zmr�6�f�� irgc � � > > E�t�H-&�°'accrroi�cr�$-E�E�L�2�3+• T��r°c '�'�6i36$°'accrz c�-�n"11-ccrr v°czirC�l�°c'�a--'rir cic C-��&�6i�-A��2-c'�vL�&g� (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. 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. City of Winter Springs Ordinance No. 2015- Page 2 of 3 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 the City Charter. 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 First Reading: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2015- Page 3 of 3