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HomeMy WebLinkAbout2016 01 25 Public Hearing 400 Ordinance 2015-14, Second Reading, Remove Policy 1.1.10 from Comp PlanCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular January 25, 2016 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for the second reading and adoption of 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. This amendment would remove the policy that encourages the City to support multi- family housing in commercially zoned areas. 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 upon 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. The Department of Economic Opportunity has completed its review of the proposed amendment and found no comment related to important state resources and facilities within the Department of Economic Opportunity's authorized scope of review that will be adversely impacted. Public Hearings 400 PAGE 1 OF 8 - January 25, 2016 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: (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 staff. 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 Policy i.i.M. Amend the eityis land development regniat ons to ineffide criteria allo-ming greenspaee The following narrative summarizes the data and issues which staff analyzed in reviewing this application: Public Hearings 400 PAGE 2 OF 8 - January 25, 2016 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 C -1, 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 C -1, 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 Districts 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 on the major roadways. The majority 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 6,232 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. 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. 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 also Public Hearings 400 PAGE 3 OF 8 - January 25, 2016 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 manner where possible. The following table in taken from the Future Land Use Element of the Comprehensive Plan and lists each existing land use category and its corresponding acreage: Existing Land Density/Intensity Acreage Percent of Total Use Categories Residential- HOA included in Common Areas residential acreage Residential- Rural up to 1 du /gross acre 1,161 14 percent Density Residential- Low 1.1 to 3.5 du /gross 2,303 27 percent Density acre Residential- 3.6 to 9 du /gross acre 618 7 percent Medium Density Residential- up to 9 du /gross acre 137 2 percent Mobile Homes Residential- High 9.1 to 21 du /gross 203 2 percent Density acre Town Center Subject to the Town 579 7 percent Density Center District Code Mixed Use Up to 12 du /gross 141 2 percent acre; 1.0 FAR Commercial- GID .50 to 1.0 FAR 0 0 percent Commercial - Neighborhood / up to 0.50 FAR 1 percent 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 Protection- residential acreage N/A N/A 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 percent 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 proposed changes to the Code of Ordinances and the Public Hearings 400 PAGE 4 OF 8 - January 25, 2016 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: ROAD S /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. 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. Public Hearings 400 PAGE 5 OF 8 - January 25, 2016 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 C -1, 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 Objective 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 policy from the Future Land Use Element of the Comprehensive Plan: 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. Housing 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 Public Hearings 400 PAGE 6 OF 8 - January 25, 2016 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 policies 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 the Chapter 163, Part 11, 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 City's tax base. The removal of multi- family residential development from the list of Conditional Uses in the City's commercial zoning districts is anticipated to preserve these areas for commercial development, which generates higher ad valorem taxes and furthers the City's goal of diversifying the tax base, which is predominately residential. 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. 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 August 24, 2015 City Commission - Public Hearing /Transmittal Public Hearings 400 PAGE 7 OF 8 - January 25, 2016 January 14, 2016 Public Notice in Orlando Sentinel of Public Hearing for second reading and adoption of Ordinance 2015 -14 RECOMMENDATION: City Staff recommends that the City Commission approve the second reading and adoption of 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. Local Planning Agency Minutes - August 12, 2015 C. City Commission Minutes - August 24, 2015 D. Advertisement, Orlando Sentinel - July 30, 2015 E. Advertisement, Orlando Sentinel - January 14, 2016 F. Letter from Department of Economic Opportunity - October 9, 2015 Public Hearings 400 PAGE 8 OF 8 - January 25, 2016 Attachment "A" ORDINANCE NO. 2015 -14 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, objectives, 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 -14 Page 1 of 3 Attachment "A" 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 eett 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 (3 1) 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 -14 Page 2 of 3 Attachment "A" 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 -14 Page 3 of 3 Attachment "B" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING -AUGUST 12, 2015 (RESCHEDULED FROM AUGUST 5, 2015) PAGE 2 OF 7 PUBLIC INPUT An opportunity to give "Public Input" was offered by Vice - Chairperson Casman. No one addressed the Planning and Zoning Board /Local Planning Agency at this time. CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, June 10, 2015 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. REGARDING THE WEDNESDAY, JUNE 10, 2015 REGULAR MEETING MINUTES, "MOTION WE APPROVE." MOTION BY BOARD MEMBER MILLER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE VICE - CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. 400. REPORTS No Reports were given. PUBLIC HEARING AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division 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 Citv. Ms. Amanda Webb, Planner, Community Development Department presented this Agenda Item and in discussing Ordinance 2015 -14, explained that the proposed Amendment to the Comprehensive Plan is an effort to diversify the City's tax base. Attachment "B" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING -AUGUST 12, 2015 (RESCHEDULED FROM AUGUST 5, 2015) PAGE 3 OF 7 Ms. Webb also noted that the proposed deletion of Policy 1.1.10 ensures that the City's Code of Ordinances is consistent with the Comprehensive Plan. Continuing, Ms. Webb specified, "The City's tax base is currently eighty -eight point fifty -five percent (88.55 %) residential and only eleven point forty -five percent (11.45 %) commercial." Board Member Bart Phillips wondered how much C-1 (Neighborhood Commercial), C -2 (General Commercial), and C -3 (Highway 17 -92 Commercial) zoned property was still available for development. Ms. Webb responded, "There's approximately a 123 acres, right now, that are currently zoned General Nei ghborhood/Commercial." Board Member Phillips continued, "And that is unoccupied ?" Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department, explained, "That is a number from about two (2) years ago. As far as the overall C -1 (Neighborhood Commercial) we have in the City, not all of it is unoccupied. But, as you can tell, it represents less than one percent (1%) of the acreage in the City." Mr. Stevenson made additional comments on protecting the City's commercially zoned districts for future projects. Vice- Chairperson Casman inquired if existing commitments to multi- family developments would still be viable and therefore "grandfathered" in. Mr. Stevenson replied, "If we simply say they're `grandfathered' that creates a problem down the road for somebody who may want to finance or refinance or sell or something with their title company. Because if you're `grandfathered' it means that you're a Nonconforming Use, essentially." Vice - Chairperson Casman opened the "Public Input" portion of this Agenda Item. No one addressed the Planning and Zoning Board/Local Planning Agency at this time. "I WOULD LIKE TO — GO FOR THE APPROVAL OF ITEM `500'." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. VOTE: BOARD MEMBER MILLER: AYE VICE- CHAIRPERSON CASMAN: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. �i� ATTACHMENT "C" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE I 1 OF 15 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 August 24, 2015 City Commission -Public Hearing /Transmittal RECOMMENDATION: Staff and the Local Planning Agency recommends that the City Commission transmit Ordinance 2015 -14 to the State of Florida Department of Economic Opportunity. This ordinance proposes to remove Comprehensive Plan Policy 1.1.10 of the Housing Element related to multi - family housing in commercially zoned areas. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2015 -14 by "Title" only, spoke briefly on this Agenda Item, and mentioned this was, "A Text change to the Comp[rehensive] Plan." Mr. Stevenson added, "This is First Reading tonight and Transmittal along with the companion package item `502' which is the Zoning Code. We would bring both of those back to you when we get the Comprehensive Plan Amendment back from the State, so thirty (30) days, a couple of months." Ms. Amanda Webb, Planner, Community Development Department pointed out that "Currently, the City's Tax base is eighty -eight point fifty -five percent (88.55 %) residential and eleven point forty -five percent (11.45 %) commercial, and right now the City has approximately one percent (1 %) land area zoned `Commercial' so we're looking to diversify the Tax base and also protect not only the existing commercially zoned areas, but also looking to protect the ones that may be coming in, in the future for redevelopment." Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input "portion of the Agenda Item. "I MAKE A MOTION THAT WE ADOPT ON FIRST READING ORDINANCE 2015 -14 AND MOVE IT TO SECOND READING." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY ADDED THAT THE MOTION WAS TO "TRANSMIT ORDINANCE 2015 -14 TO THE FLORIDA DEO (DEPARTMENT OF ECONOMIC OPPORTUNITY)." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. G2 I Orlando Sentinel Thursday, July 30, 2015 SE A B c D E NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM SPECIAL ASSESSMENTS TO FUND STREET LIGHTING SERVICES Notice is hereby given that the City Commission of Casselberry, Florida, will conduct a public hearing to consider adoption of a final assessment resolution related to the City of CasseIberry (the "City ") and the provision by the City of street lighting services. The street lighting final assessment resolution will provide for the imposition of special assessments, sometimes characterized as non -ad valorem assessments, against property located within City limits to fund street lighting services, and collection of the assessments by the Seminole County Tax Collector pursuant to the tax bill collection method described in Section 5.01 of City Ordinance No. 09 -1301 (the "Assessment Ordinance "), The assessment is an annual assessment that will continue from year to year. The hearing will be held at 4:00 p.m. on August 24, 2015, in City Commission Chambers of City Hall, 95 Triplet lake Road, Cassememy, Florida 32707. All affected property owners have a night to appear at the hearing and to file written objections with the City Commission within twenty (20) days of this notice. . The assessments have been proposed to fund street lighting related essential services, facilities, equipment and improvements throughout the City. The assessment will-be based upon the number of Equivalent Residential Units ( "ERLI attributable to each tax parcel as of the date the assessments are imposed. The City has determined that the size of the average single family residential parcel in the City is .26 acres, which is the value of one ERU. Single family residential parcels consisting of one dwelling unit, including individual residential condominium units, shall each be attributed one ERU. For all other parcels, the number of ERUs has been calculated individually for each parcel of property by dividing the total size of the parcel in acres by .26 acres, with a minimum of one (1) ERU attributed to each parcel. If approved by City Commission, the street lighting assessment will be imposed at the rate of $31.88 per ERU for Fiscal Year 2015 -16. A more specific description of the street lighting related services and the method of computing the assessment for each pamel of property are set forth in Resolution No. 15 -2744 (the "Preliminary Rate Resolution ") adopted by the City Commission on June 22, 2015. Copies of the Preliminary Rate Resolution, the Assessment Ordinance and the Street Lighting Assessment Roll are available for inspection at the office of the City Clerk, located at City Hall, at City Hall, 95 Triplet Lake Road, Casselberry, Florida 32707. If you have any questions, please contact Marty Pawlikowski at (407) 262 -7725, ext. 1237. ANY PERSON WISHING TO ENSURE THAT AN ADEQUATE RECORD OF THE PROCEEDINGS IS MAINTAINED FOR APPELLATE PURPOSES IS ADVISED TO MAKE THE NECESSARY ARRANGEMENTS FOR RECORDING AT HIS OR HER OWN EXPENSE. PERSONS WITH DISABILIFIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK AT LEAST FOUR DAYS IN ADVANCE OFTHE MEETING AT (407) 2627700, EXT. 1133. - ATTACHMENT "D" ATTC" A.I]FrNT 11D" Road, Casselberry, $32 annually, 407 - 936 -4380. NOTICE OF PUBLIC HEARING T.sibly) 5:30p.fPPounds Sensibly): 5:30 p.m. CITY OF WINTER SPRINGS Senior Tenter, Center, 401 E. Seminole Blvd., 01E.Seminol l NOTICE IS HEREBY GIVEN THAT annually, THE CITY COMMISSION 407-936-$32 407- 936 6-- 4380. Grief: A group for anyone PROPOSES TO CONSIDER THE FOLLOWING: whohaslostalovedone, spouse, parent, child or sibling meets in St. Stephen's ORDINANCE NO. 2015 -14 Room of the Parish office. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER national group.l0 11:30 a.m. grouisanon0a.m. SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING THE CITY'S Thursdays, St. Mary COMPREHENSIVE PLAN RELATED TO THE GOALS, OBJECTIVES Magdalen Catholic Church, AND POLICIES OF THE HOUSING ELEMENT; PROVIDING FOR THE 861 rings, reeAve.,5 -230 Altamonte Springs, free, 497 - 265 -2307. REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, Alzheimer's disease: A SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, group for those caring fora AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. loved one with Alzheimer's disease sponsored by the And Alzheimer's & Dementia Resource Center. 6:30 p.m. ORDINANCE NO. 2015 -15 the first Tuesday of the AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER Lake Forest, 5433 .StateR 5433 W. State Road 46, d46, SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE LIST OF Sanford, free, 407 -843 -1910. PERMITTED, CONDITIONAL AND PROHIBITTED USES IN THE C -1 Families Anonymous, A NEIGHBORHOOD COMMERCIAL, C -2 GENERAL COMMERCIAL, AND 12 -step support group for C -3 HIGHWAY 17 -92 COMMERCIAL ZONING DISTRICTS TO REMOVE withamemblcohol someone with a drug, alcohol or MULTI - FAMILY RESIDENTIAL AS A CONDITIONAL USE; PROVIDING behavioral problem. 7 p.m. FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND Mondays, St. Stephen RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND StateRoad4 4,Lon 2140 w. State Road 434, Longwood, AN EFFECTIVE DATE. free, 407 -869 -0491. Families Ministeringto PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY Families: A support group PUBLIC HEARING for those with incarcerated WILL BE HELD ON loved ones.9 a.m. Aug. 15, 9 a.m. Sept. 19, St. Mary WEDNESDAY, AUGUST 12, 2015 Magdalen Catholic Church, AT 5:30 P.M. OR SOON THEREAFTER IN THE 861 Maitland Ave., Altamonte Springs, free, 407 - 463 -5780. COMMISSION CHAMBERS LOCATED AT Alzheimer's disease: A WINTER SPRINGS CITY HALL group for those caring fora 1126 EAST STATE ROAD 434 loved one with Alzheimer's disease. Sponsored by the WINTER SPRINGS, FLORIDA Alzheimer's Dementia Resource Center. 6:30 p.m. CITY COMMISSION TRANSMITTAL / FIRST READING the third Tuesday of the PUBLIC HEARING month. Oakmonte village Assisted Living and Memory WILL BE HELD ON Care Building, 1001 Royal MONDAY, AUGUST 24, 2015 Gardens Circle, Lake Mary, AT 6:00 RM. OR SOON THEREAFTER IN THE free, 407- 843 -1910. Recovery International, a COMMISSION CHAMBERS LOCATED AT self -help mental health WINTER SPRINGS CITY HALL organization: The organization helps people 1126 EAST STATE ROAD 434 whosufferfrom depression, WINTER SPRINGS, FLORIDA anxiety, fears and anger. 10:45 a.m. Saturdays, St. The proposed ordinance may be obtained by interested parties between 8 a.m. and Mark's Presbyterian Church, 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, 1021 Palm Springs Drive, Winter Springs, Florida. For more information, call (407) 327 -1800 #227. Persons with Altamonte Springs, free, disabilities needing assistance to participate in any of these proceedings should contact 407 -660 -2003. 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 Joseph Rassel of the Sentinel they may appear at the meeting and be heard with respect to the proposed ordinance. staff compiled this report. To If you decide to appeal any recommendation or decision made by the City Commission Submit an item e-mail with respect to any matter considered at this meeting, you will need a record of the communityevents@ proceedings, and for such purposes, you may need to ensure that a verbatim record of orlandosentinel.com. the proceedings is made upon which the appeal is based. G2 I Orlando Sentinel Thursday, Januaryl4, 2016 SE A B c D E Attachment "E" L NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWING: ORDINANCE NO. 2015 -14 AN ORDINANCE OFTHE CITY COMMISSION OFTHE 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. And ORDINANCE NO. 2015 -15 AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITTED USES IN THE C -1 NEIGHBORHOOD COMMERCIAL, C -2 GENERAL COMMERCIAL, AND C -3 HIGHWAY 17 -92 COMMERCIAL ZONING DISTRICTS TO REMOVE MULTI - FAMILY RESIDENTIAL AS A CONDITIONAL USE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. CITY COMMISSION SECOND READING AND ADOPTION PUBLIC HEARING WILL BE HELD ON MONDAY, JANUARY 25, 2016 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact 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 they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWING: ORDINANCE NO. 2015 -08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 39.810 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434 AND EAST OF MICHAEL BLAKE BOULEVARD AND WEST OF SPRING AVENUE, WINTER SPRINGS, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM CITY OF WINTER SPRINGS "GREENEWAY INTERCHANGE DISTRICT" TO WINTER SPRINGS "PLANNED UNIT DEVELOPMENT (PUD) "; PROVIDING FOR THE ADOPTION OF A CORRESPONDING AND REQUIRED DEVELOPMENT AGREEMENT ESTABLISHING THE DEVELOPMENT AND ZONING REQUIREMENTS FOR THE SUBJECT PROPERTY; PROVIDING FOR THE ADOPTION OF A CORRESPONDING AND REQUIRED MASTER PLAN ESTABLISHING THE GENERAL SITE LAYOUT FOR THE FUTURE DEVELOPMENT OF THE SUBJECT PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. LOCATION MAP CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, JANUARY 25, 2016 AT 5:15 RM. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should -contact 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 they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWING: ORDINANCE NO. 2016 -05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; ADDING DEFINITIONS RELATED TO COTTAGE FOOD OPERATIONS AND PRODUCTS; AMENDING THE CITY CODE REGARDING THE REGULATION OF COTTAGE FOOD OPERATIONS AS HOME OCCUPATIONS OR HOME OFFICES, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. CITY COMMISSION FIRST READING AND PUBLIC HEARING WILL BE HELD ON MONDAY, JANUARY 25, 2016 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA AND CITY COMMISSION SECOND READING AND PUBLIC HEARING WILL BE HELD ON MONDAY, FEBRUARY 8, 2016 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact 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 they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Rick Scott GOVERNOR FLORIDA DEPARTMEWTof ECONOMIC OPPORTUN Ty October 9, 2015 The Honorable Charles Lacey Mayor, City of Winter Springs 1410 Winding Stream Court Winter Springs, Florida 32708 Dear Mayor Lacey: Attachment 'T' Jesse Panuccio EXECUTIVE DIRECTOR The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Winter Springs (Amendment No. 15- 2ESR), which was received on September 9 2015. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department of Economic Opportunity's authorized scope of review that will be adversely impacted by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. if you have any questions concerning this review, please contact Jennie Leigh Copps, at (850) 717 -8534, or by email at 'ennie.co s deo.m florida.com. Sincerely, Ana Richmond, Chief Bureau of Community Planning AR /jlc Enclosure=s): Procedures for Adoption cc: Mr. Kevin Smith, City Manager, City of Winter Springs Mr. Hugh Harling, P.E., Executive Director, East Central Florida Regional Planning Council Florida Department of Economic Opportunity j Caldwell Building 1 207 E. Madison Street I Tallahassee, Fl_, 32399 866.FLA.2345 1 850.245.7305 � 850.921.3223 Fax www.florida'obs.or 1 ww+x.twitter.corn F-DLO j www.facebook.,com /F%DEO