The intent and purpose of this division is to set forth the uniform procedure for applying for site plans, variances, conditional uses, rezonings, waivers, limited administrative waivers, and administrative appeals as set forth in the City Code.

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-10-19)

(a)

Unless otherwise provided in this chapter, the city commission shall render all final decisions regarding site plans, rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved site plan, rezoning, variance, conditional use, waiver, limited administrative waiver or administrative appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and comprehensive plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria set forth in this chapter. The city commission may adopt, by resolution or ordinance, quasi-judicial rules and procedures to implement this article.

(b)

For applications having one (1) or more complex relevant and material evidentiary issues or multiple interested parties withstanding to present relevant and material evidence, the city commission at its discretion may appoint, or direct the city manager to appoint, an advisory hearing officer to conduct an evidentiary hearing required by this section on a case-by-case basis. The advisory hearing officer shall be a member of the Florida Bar in good standing for five (5) or more years. The hearing officer must demonstrate satisfactory knowledge of municipal land use and zoning law and general procedures for quasi-judicial land use matters. Hearings conducted pursuant to this subsection shall be noticed as required by this division and the hearing officer shall generally conduct the hearing in accordance with applicable provisions of the city commission's quasi-judicial procedures. The advisory hearing officer shall within a reasonable time, not to exceed thirty (30) days from the date the hearing is closed, submit in writing a report to the city commission. Such report shall summarize the evidence submitted and considered and state precisely the hearing officer's findings, conclusions and recommendations. The report shall be a public record and shall be provided by mail and email to the applicant and any interested party. The city commission shall consider the hearing officer's report at a public hearing. At the hearing, the applicant, interested parties and the public shall be permitted to comment on the findings, conclusions and recommendations contained in the report. The city commission shall also take such additional relevant and material testimony at the public hearing as deemed necessary by the city commission to complete the hearing on the subject application, or the city commission may refer the application back to the hearing officer to take additional relevant and material evidence if necessary. The city commission may adopt or reject, in whole or in part, the hearing officer's proposed findings, conclusions and recommendations. The city commission's decision on the application shall be deemed final.

(Ord. No. 44, § 44.15, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-10-19)

(a)

All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative.

(b)

Within five (5) business days of filing with the city or as soon as practicable, applications filed under this division shall be publicly posted on the city's website on a web page reserved for identifying pending land use applications.

(c)

In addition to any notice requirements provided by state law, all public hearings under this division shall be publicly noticed for at least seven (7) calendar days prior to any required planning and zoning board hearing and at least twenty (20) calendar days prior to any required city commission hearing unless otherwise provided by subsections (e) and (f). Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner:

(1)

Posting the affected property on a sign form provided by the city.

(2)

Posting at City Hall.

(3)

Except where otherwise specified in the Code of Ordinances, notifying by U.S. mail, all owners of real property adjacent to and within approximately five hundred (500) feet of the subject property based on the information contained in the property appraiser's or similar property database. In addition, all neighborhood homeowner's associations registered with the city and located within one-half-mile of the property shall likewise be provided notice by U.S. mail. Said mailing shall only be required for the initial public hearing and shall not be required for hearings that are continued to a date certain by the planning and zoning board or city commission.

(4)

Posting on the city's website and social media platform.

The notice requirements set forth in subsections (1), (2), (3), and (4) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this division.

(d)

All public hearings under this division at which the city commission will render a final decision regarding site plans, rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals shall be scheduled a minimum of fourteen (14) calendar days following the planning and zoning board's public hearing on the application, except in circumstances where the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time and considers an application without the planning and zoning board's recommendation.

(e)

Public hearings initially noticed as required by this section and then continued by the planning and zoning board or city commission may be continued to a date certain without compliance with the minimum seven (7) and twenty (20) calendar day requirement.

(f)

Applications regarding an existing single-family home shall be publicly noticed for at least seven (7) calendar days prior to any required planning and zoning board or city commission hearing, and shall not require posting of the affected property.

(Ord. No. 44, § 44.16, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 231, § 1, 2-24-81; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-10-19; Ord. No. 2021-02, § 2, 4-12-21; Ord. No. 2024-08, § 2, 8-26-24)

Applicants may, at their option and sole cost and risk, submit site layout and building elevation designs in schematic or sketch form to the city commission for a non-binding and preliminary review as an initial courtesy to the applicant. These submittals are subject to a more formal application process which requires the submission of more detailed plans and specifications and requires a more detailed review and final consideration of approval by the city commission. Comments and statements made by city officials at the preliminary review are non-binding unless memorialized in a written agreement approved by the city commission. City staff and the applicant shall only seek feedback from the commission and city staff shall not make a formal recommendation regarding the proposed project at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the commission's approval or during the preliminary review, a development agreement is pursued by the city commission and the applicant. In which case, the city staff shall make a recommendation regarding the application and proposed agreement. This non-binding and preliminary review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property. By requesting and participating in the optional preliminary review process, the applicant shall be deemed to have read and agreed to this code provision and to hold the city and its officials harmless for any future actions they may have taken based on the results of a preliminary review pursuant to this section.

(Ord. No. 2019-09, § 2, 6-10-19)

A prospective applicant, who desires to submit an application for a development project which will require a community workshop under section 20-29.1, shall be required to schedule and attend a pre-application meeting with the community development department in order to discuss the application process and the proposed project. For all other projects, it is recommended that applicants meet with the community development department prior to submitting an application. No person may rely upon any comment made by any participant at the pre-application conference as a representation or implication that the application will be ultimately approved or rejected in any form.

(Ord. No. 2019-09, § 2, 6-10-19)

(a)

The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this division. At a minimum, applications for conceptual plan review shall require payment of an applicable application fee adopted by the city commission. Applications for non-binding conceptual plan review shall contain the information required by subsections (1) through (6), site layout and building elevation designs in schematic or sketch form, and such other preliminary information deemed necessary by the applicant or city staff to describe the development concept and the potential on- and off-site impacts of the proposed development. Additionally, all applications for site plans, rezonings, variances, conditional uses, waivers, and binding development agreements including binding conceptual plan approval, shall be accompanied by the applicable application fee adopted by the city commission and shall contain the following information which shall be considered by the city when evaluating the applicable review criteria:

(1)

A general description of the relief sought under this division.

(2)

A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in this division.

(3)

The name(s) of the owner(s) of the particular real property.

(4)

If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the particular real property shall be attached.

(5)

The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the particular real property.

(6)

The current and future land use and the zoning designations on the real property.

(7)

For all new commercial development, new residential subdivisions of ten (10) or more lots, new multi-family residential development, conditional uses, waiver, variance, existing commercial buildings being altered by fifty (50) percent or greater of the original floor area or seating capacity and requiring a modified site plan, or development agreements processed under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the City Code and the effect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the application the following information except as provided by subsection (11):

a.

A current up-to-date tree survey and tree preservation and landscape plan;

b.

A site plan, drawn to scale, which shall indicate:

1.

Building elevations illustrating all side of structures, floor plans, locations and orientations, and landscape areas;

2.

Ingress and egress, emergency access, parking locations and number of spaces, sidewalks and pedestrian and vehicle circulation within the site;

3.

If applicable, stacking/queuing of vehicles, drop off zones, truck/de livery areas, bike rack locations, and connections to adjacent properties;

4.

Paved surfaces, materials and location(s);

5.

Site location diagram and legal description;

6.

Signage;

7.

Wetland and floodplain boundaries;

8.

Screening, buffering and lighting plans; and

9.

Such other relevant information regarding the proposed site.

c.

A parking analysis, prepared by a duly qualified expert, justifying the proposed parking solution;

d.

An economic fiscal impact report, prepared by a duly qualified expert, in compliance with the requirements set forth in the city's comprehensive plan and Code, if applicable and required by the city;

e.

A traffic study and analysis, prepared by a duly qualified expert, regarding both the estimated impact of the proposed project on the neighborhood and surrounding properties and the established level of service on affected roads;

f.

A stormwater management plan;

g.

A noise study to analyze current and proposed noise levels as well as methods of sound attenuation, if applicable and required by the city.

(8)

If a residential development is proposed, a school concurrency letter from the school district, if applicable, and the proximity and transportation routes of the proposed development to the elementary, middle and high schools assigned by the school district.

(9)

If the proposed development has the potential to discharge noxious odors or pollutants, an odor or pollution study, prepared by a duly qualified expert, regarding the proposed project's estimated odor or pollutant impact on the neighborhood, surrounding properties and the environment.

(10)

Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the city to determine whether or not the proposed development is in compliance with the city's comprehensive plan and Code.

(11)

The application requirements set forth in subsection (7) shall only apply to existing single-family homes, conditional uses, waivers, variances, and new multi-family residential development of ten (10) units or less if the city determines that such information is necessary for the city to relevantly and competently evaluate an application for compliance with the City Code and the effect and impact the proposed application will have on neighborhood and surrounding properties using applicable review criteria.

(12)

Application requirements for administrative appeals are governed by section 20-35 of the City Code.

(b)

Incomplete applications will not be processed and presented to the planning and zoning board and city commission, or if inadvertently presented to said board and city commission, the board and city commission may require the applicant to complete the application if deemed necessary before proceeding with final review of the application. Applicants will be provided written notice of incomplete applications and be afforded a reasonable opportunity to sufficiently complete an application before an incomplete application is deemed rejected and returned by the city staff. If an application is deemed incomplete and the applicant fails to complete it within ninety (90) days of written notice from the city, the city shall have the right, by providing written notice to the applicant, to deem the application withdrawn by the applicant. Extensions of time may be granted by the city for good cause shown. Applications deemed withdrawn shall not be processed and the application fee shall be deemed forfeited. Withdrawn applications may be refiled in complete form and payment of the applicable application fee.

(c)

All site plans, rezonings, variances, conditional uses, waivers, limited administrative waivers, and appeals approved herein shall be binding on the use of the property. As a condition of approval by the city commission, all development projects requiring a community workshop pursuant to section 20-29.1 of the City Code, shall be required to be memorialized in a binding development agreement which shall be executed by the city and property owner. If the applicant is a developer, the developer shall be required to execute the binding development agreement subject to closing and acquiring the property. The agreement shall be recorded against the property so that the terms and conditions of approval related to the development project or conditional use shall run with the land.

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-10-19; Ord. No. 2024-08, § 2, 8-26-24)

(a)

For all new commercial development, new residential subdivisions of ten (10) or more lots, conditional uses (except for accessory dwelling units), existing commercial buildings being altered by fifty (50) percent or greater of the original floor area or seating capacity and requiring a modified site plan, or development agreements processed under section 20-28.1 of the City Code, the applicant shall be responsible for conducting a community workshop to inform neighboring property owners of the proposed application and answer questions relevant to the proposed application. At a minimum, preliminary demonstrative concept plans, development schedules, and specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, new roads, and other primary features and amenities shall be presented to the public. The workshop shall be held in a location identified by the applicant and approved by the city, which shall be generally near the subject property, and shall be held in a facility that is ADA compliant. At the applicant's expenses, the city shall provide notification by mail to all owners of property located within five hundred (500) feet of the subject property and to all neighborhood homeowner's associations registered with the city and located within one-half-mile of the property. The city shall mail these notices with proper postage at least twenty (20) calendar days before the workshop date. The city shall also publish notice on the city's website and social media platform at least twenty (20) calendar days before the date of the workshop. The community workshop shall take place at least thirty (30) days prior to the application being presented to the planning and zoning board for review.

(b)

The workshop date and time shall be scheduled in coordination with the city and shall start between 6:00 p.m. and 8:00 p.m. on a weekday or with the approval of the city manager or designee between 9:00 a.m. and 5:00 p.m. on a weekend. All required workshops shall be held after the submittal of the application warranting the community workshop but at least thirty (30) days prior to the application being presented to the planning and zoning board for review, Applications for a non-binding and preliminary review, without a development agreement, under section 20-28.1 shall not require a workshop. The applicant shall be required to schedule an additional workshop if the applicant's initially proposed plans have substantially and materially changed from the initial workshop or the city commission determines that an additional workshop is required before making a final decision on any related application.

(Ord. No. 2019-09, § 2, 6-10-19; Ord. No. 2024-08, § 2, 8-26-24)

(a)

The city staff shall be required to review all applications for site plans, rezonings, variances, conditional uses, waivers, and administrative appeals, and make written recommendations to the planning and zoning board and the city commission as may be required in this article. Staff recommendations shall include at a minimum the following relevant information:

(1)

Background data about the subject property including, but not limited to, current future land use and zoning designations, previous applicable development agreements, binding land covenants, parcel size and dimensions, development constraints such as wetlands and conservation areas and easements, and a map and aerial of the subject and surrounding property;

(2)

Information regarding adjacent and surrounding land uses;

(3)

Information regarding the applicant and proposed application request;

(4)

Citation and summary of applicable law such as city comprehensive plan policies, City Code provisions and state and federal laws;

(5)

Procedural history of the proposed application and project including application submittal dates, legal advertisements, other related pending applications, previous city commission approvals, community workshop meetings, and planning and zoning board recommendations;

(6)

Summary of relevant review criteria regarding the application;

(7)

The applicants written analysis and response to the review criteria;

(8)

City staff's written analysis and response to the review criteria; and

(9)

Other competent substantial evidence deemed necessary by city staff to analyze the application for compliance with law.

(b)

Upon completion of the written recommendation, city staff shall forward the application along with the recommendation, to the planning and zoning board as required by this division, for a duly noticed public hearing and recommendation before the city commission considers the application.

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10; Ord. No. 2019-09, § 2, 6-10-19)

(a)

Any real property owner may file a rezoning application requesting a change in zoning designation for their real property.

(b)

The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section.

(c)

Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation.

(d)

All rezoning applications shall be reviewed for compliance with the following standards:

(1)

The proposed rezoning change is in compliance with all procedural requirements established by the City Code and law;

(2)

The proposed rezoning change is consistent with the goals, policies and objectives of the city's comprehensive plan including, but not limited to, the future land use map and the proposed change would not have an adverse effect on the city's implementation of the goals, policies and objectives of the comprehensive plan;

(3)

The proposed rezoning change is consistent with any master plan applicable to the property;

(4)

The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan;

(5)

The proposed rezoning change would not create a spot zone prohibited by law;

(6)

The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure;

(7)

The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan;

(8)

Changed or changing conditions make the proposed rezoning necessary for the city to serve the population and economic activities;

(9)

The proposed rezoning change will not seriously reduce light or air to adjacent areas;

(10)

Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area;

(11)

The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent and surrounding property;

(12)

The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare and legitimate government interests;

(13)

The proposed rezoning change and allowed uses, intensity and density are compatible with and not out of scale or incompatible with the surrounding existing development and needs of the neighborhood or the city;

(14)

The proposed rezoning does not violate any applicable land use regulations adopted by the city.

(15)

Applications in the town center to rezone to a transect zone shall meet the following additional criteria:

a.

The proposed t-zone shall provide a logical extension of an existing zone, or an adequate transition between zones.

b.

The area shall have had a change in growth and development pattern to warrant a rezoning to a more or less urban t-zone.

c.

The request shall be consistent with the overall city vision for growth and development as expressed in the city's comprehensive plan or applicable master plan.

(16)

Speculative rezoning of land is very disfavored by the city. In conjunction with a rezoning application, the applicant shall be required to fully disclose any proposed new development project that will be pursued by the applicant if the proposed rezoning request is approved, and all applicable application information shall be submitted for the proposed new development project. The proposed development project shall be deemed to have been relied on by City in reaching its decision concerning the proposed change of zoning. Said site plan or concept plan shall be deemed to be binding on the subject property affected by the rezoning and site plan or concept plan, and any change of zoning shall be deemed to be granted in reliance on said site plan or concept plan, even though said site plan or concept plan imposes greater or stricter standards on said property than does other provisions of the City Code for the other lots, tracts, or parcels of land in like land use classifications. Such greater or stricter standards shall be deemed appropriate when unique or peculiar site and locational characteristics are evident and shall be deemed to exist when such site plan or concept plan is relied upon by the planning and zoning board and the city commission. The proposed new development project shall be evaluated in accordance with the review criteria set forth in this subsection and the applicable review criteria for conditional uses set forth in section 20-33. Mitigative techniques and plans required to support any change of zoning may be addressed pursuant to the restricted rezoning provisions set forth in subsection (e) and a binding development agreement.

(17)

If the proposed rezoning will allow residential uses or increase the possible density of residential uses, the proposed rezoning shall not potentially cause negative impacts on school capacity (K—12), school overcrowding (K—12), accessibility and convenience (e.g., walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the K—12 school population projected for the property and that will be drawn from any proposed residential project, and the integration of future residents of any proposed residential project into the existing city of Winter Springs community in a sustainable manner.

(18)

Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code.

(e)

In approving a change in the zoning classification on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regulations in the same zoning district. Such restrictions may include one or more of the following:

(1)

Use restrictions greater than those otherwise specified for that particular district;

(2)

Density restrictions greater than those otherwise specified for the particular district;

(3)

Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways;

(4)

Height limits more restrictive than otherwise permitted in the district;

(5)

Minimum lot areas or minimum widths greater than otherwise specified for the particular district;

(6)

Minimum floor area greater than otherwise specified for structures in the particular district;

(7)

Open space requirements greater than otherwise required for property in the particular district;

(8)

Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district;

(9)

Fencing or screening requirements greater than otherwise required for the particular district;

(10)

Restrictions on any other matters which the city commission is authorized to regulate.

Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein.

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-10-19)

(a)

Any real property owner may file a variance application requesting variance from this chapter for their real property. Variances may be approved only for height, width, length or area of structures; size of lots; size of yard setbacks; driveway widths; building design standards (dimensional standards only); landscaping area requirements for vehicular use areas; landscape buffer requirements for buffer strip areas; landscape zones; street setbacks; glazing and window percentages; and minimum first floor height. Under no circumstances may a variance be granted to allow a use not permitted generally or by conditional use permit in the district involved, or any use expressly or by necessary implication prohibited in the district by the terms of this chapter or other applicable provision of the City Code.

(b)

The planning and zoning board shall be required to review all variance applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section.

(c)

Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation.

(d)

All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district.

(2)

That special conditions and circumstances do not result from the actions of the applicant or applicant's predecessor in title.

(3)

That literal interpretation of this chapter would work an unnecessary and undue hardship on the applicant deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and other applicable building and land development codes of the city.

(4)

That the special conditions and circumstances referred to in subsection (d)(1) of this section do not result from the actions of the applicant.

(5)

That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district.

(6)

That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure.

(7)

That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(8)

Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code.

(e)

The following factors shall not be considered in any variance request:

(1)

The presence of nonconformities in the zoning district or adjoining districts.

(2)

Financial loss or business competition.

(3)

Whether the property was purchased with the intent to develop or improve the property, whether or not it was known at the time of purchase that such development would be a violation.

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10; Ord. No. 2019-09, § 2, 6-10-19)

(a)

Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category.

(b)

The planning and zoning board shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section.

(c)

Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation.

(d)

All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable:

(1)

Whether the applicant has demonstrated the conditional use, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the conditional use, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity.

(2)

Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use.

(3)

Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values.

(4)

Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards.

(5)

Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources.

(6)

Whether the proposed use will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities.

(7)

Whether the traffic report and plan provided by the applicant details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials.

(8)

Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality.

(9)

Whether the proposed use avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements.

(10)

Whether the applicant has provided an acceptable security plan for the proposed establishment that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable.

(11)

Whether the applicant has provided an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable.

(12)

Whether the applicant has demonstrated that the conditional use and associated site plan have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties.

(13)

If the proposed conditional use is a residential use, whether the elementary, middle and high schools (K—12) that will be initially assigned to the residential project by the school district at the time the city commission considers final approval of the conditional use have both sufficient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient (e.g., walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the school population that will be drawn from the project, and promote and support the integration of future residents of the project into the existing city of Winter Springs community in a sustainable manner.

(14)

Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code.

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10; Ord. No. 2019-09, § 2, 6-10-19)

(a)

Site and final engineering plans and the subdivision of land shall also be subject to the technical requirements set forth in chapter 9 of the City Code. It is the intent of this section to apply to applications for site and final engineering plans and to any subdivision of land requiring a plat, if applicable, and does not include review and approval of a lot split application.

(b)

Except in situations involving one (1) single-family home, the planning and zoning board shall be required to review all site and final engineering plan and subdivision of land applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable criteria set forth in this section.

(c)

Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation.

(d)

Except in situations involving one (1) single-family home, all site and final engineering plan and subdivision recommendations and final decisions shall be based on whether the site and final engineering plan and subdivision of land complies with all the technical requirements set forth in chapter 9 of the City Code and the following criteria to the extent applicable:

(1)

Whether the applicant has demonstrated the site and final engineering plan and subdivision of land, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the plan, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity.

(2)

Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site and final engineering plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use.

(3)

Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values.

(4)

Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards.

(5)

Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources.

(6)

Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities.

(7)

Whether the site and final engineering plan and subdivision of land, and related traffic report and plan provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials.

(8)

Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality.

(9)

Whether the proposed site and final engineering plan and subdivision of land avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements.

(10)

Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and final engineering plan and subdivision of land that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable.

(11)

Whether the applicant has provided on the site and final engineering plan and subdivision of land an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable.

(12)

Whether the applicant has demonstrated that the site and final engineering plan and subdivision of land have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties.

(13)

Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code.

(Ord. No. 2019-09, § 2, 6-10-19)

(a)

Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category).

(b)

The planning and zoning board shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section.

(c)

Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation.

(d)

All waiver recommendations and final decisions shall also comply with the following criteria:

(1)

The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development.

(2)

The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan.

(3)

The proposed development plan will significantly enhance the real property.

(4)

The proposed development plan serves the public health, safety, and welfare.

(5)

The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood.

(6)

The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter.

(7)

The proposed development plan is compatible and harmonious with the surrounding neighborhood.

(8)

Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code.

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10; Ord. No. 2019-09, § 2, 6-10-19)

(a)

Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. Administrative appeals are not authorized or permitted on interpretation issues based on the following:

(1)

Any order, requirement, decision, or determination made regarding code enforcement, including notice of violations and civil citations.

(2)

Acts of administrative officials pursuant to the orders, resolutions, or directives of the city commission including development agreements.

(3)

Zoning verification letters.

(4)

Challenges to a development order controlled by F.S. § 163.3215.

(5)

Appeals that circumvent procedures required by this chapter, including those that are more appropriately addressed in an application for a waiver, variance, or rezoning.

(b)

The following persons shall have standing to appeal an administrative decision that is not of general applicability and that is specifically related to a particular project or parcel of real property:

(1)

An applicant who is adversely affected by the decision.

(2)

A property owner whose property is the subject of the decision.

(3)

All owners of real property that lies within five hundred (500) feet of the property that is the subject of the decision.

(4)

Any resident, landowner, or person having a contractual interest in land in the city who demonstrates a direct adverse impact from the decision that exceeds in degree the general interest in community good shared by all persons.

(c)

Appeals shall be taken within thirty (30) calendar days after such administrative decision is signed by the administrative official rendering the decision or is otherwise rendered in writing. Appeals shall be made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. A copy of the written decision shall accompany the written notice of appeal and filing fee. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the planning and zoning board within sixty (60) calendar days and transmit all documents, plans, papers, transcripts or other materials constituting the record upon which the action appealed from was taken. Within twenty (20) calendar days of the filing of a notice of appeal pursuant to this section, any person with standing may intervene and become a party to the appeal by filing a written notice of appeal in accordance with this section and payment of the filing fee.

(d)

The planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission.

(e)

Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the administrative appeal. If the city commission determines that the planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation.

(f)

The hearing shall be limited to the record on appeal and shall consist of oral argument by city staff and parties with standing, each of whom may be represented by legal counsel, and the party challenging the administrative decision shall have the burden of proof. The hearing shall be conducted in accordance with established Florida law for quasi-judicial hearings. The record on appeal shall consist of the following:

(1)

The application and accompanying information;

(2)

The written decision of the administrative official and accompanying information; and

(3)

Any transcript of the meeting or proceeding in which the written decision was made.

All parties may freely refer to provisions from the comprehensive plan, any other city ordinance, resolution, or rule, and any federal or state statute, rule, or decision. If any party desires to admit any additional evidence, the additional evidence shall be disclosed to the other parties and the planning and zoning board or city commission not less than five (5) calendar days before the hearing. At the beginning of the hearing, the planning and zoning board or city commission shall rule on whether such additional evidence may be presented and shall freely allow the evidence when such evidence is relevant to the issue on appeal.

(g)

Review of administrative decisions shall be based on the following criteria:

(1)

Whether the applicant was properly afforded procedural due process;

(2)

Whether the decision under review is supported by competent, substantial evidence; and

(3)

Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter.

(h)

The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken.

(i)

An administrative appeal filed pursuant to this section stays all proceedings in furtherance of the action appealed from, including the issuance of a building permit or development order, unless the administrative official from whom the appeal is taken certifies in writing to the board of adjustment after the notice of appeal is filed that, because of facts stated in the certificate, a stay would, in the administrative official's opinion, cause imminent peril to life and property. In such case where the administrative official makes such certification, proceedings shall not be stayed other than by an injunction issued by a court of competent jurisdiction

(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10; Ord. No. 2019-09, § 2, 6-10-19)

(a)

Any conditional use, variance or waiver approved by the city commission under this Division shall expire two (2) years after the effective date of such approval by the city commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner, the city commission may extend the expiration date, without public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void.

(b)

The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the city that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use, variance, and waiver previously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the property owner to reapply, under current circumstances, for said permit should the property owner desire or need said permit.

(Ord. No. 2004-49, § 2, 12-13-04)

(a)

Authorization by city manager. Waivers to the adopted land development regulations set forth in this chapter may be authorized administratively by the city manager or designee, subject to the procedures and limitations of this section. Designees under this section may be approved by city manager by written administrative order.

(b)

Waivers subject to administrative review and approval.

(1)

Administrative waivers may be considered for height, area, size, or design dimensional requirement of a structure or architectural feature; and/or distance requirement, size of yard, setback and open space requirements of an applicable zoning district including the transect design standards in the town center district. Administrative waivers shall not exceed ten (10) percent of the applicable requirement.

The city manager may authorize the administrative review and approval of a waiver when a property owner clearly demonstrates:

a.

The waiver is necessary, as a condition of city permit approval, to allow the reasonable use of the subject property and any proposed or existing improvements thereon; and

b.

Such waiver will not: (i) have more than a de minimus impact on the subject property and surrounding area; (ii) be contrary to the public interest; (iii) be incompatible with the surrounding area; (iv) have an adverse effect on the neighborhood or general welfare of the area; and (v) have the effect of nullifying the intent and purpose of any applicable provision of this chapter.

(c)

Application submittal and fee. Application for an administrative waiver by the city manager shall be made on a form provided by the community development department and shall be accompanied by an application fee established by the city. As part of the application, the city manager reserves the right to require a signed affidavit (submitted on a form prepared by the city) from all abutting property owners indicating no objection to the requested waiver. In such case, failure of the applicant to obtain signatures of all abutting property owners will constitute a basis for denying the application. For the purpose of this section, the term "abutting" shall include those properties directly across a road.

(d)

Conditions. The city manager may prescribe appropriate conditions and safeguards to ensure that the purposes of this section, chapter and other applicable regulations set forth in the City Code are carried out, and to ensure that the waiver granted is the minimum necessary to allow reasonable use of the land and improvements.

(e)

Further action. Applications approved by the city manager under this section shall be deemed final. However, a denial of a request for an administrative waiver by the city manager shall be considered a non-final order of the city and shall not be appealable. Applications denied under this section shall not preclude an applicant from requesting a variance or waiver from the city commission pursuant to other applicable provisions of this chapter. In such cases, the applicant shall submit a formal application for a variance or waiver consistent with the requirements set forth in this chapter, and decisions made on such applications shall be deemed final and subject to appeal in a court of competent jurisdiction.

(f)

Approvals by city commission. The city commission can use the limited administrative criteria in subsection (b) to grant applicable waivers when considering and making final decisions on any other land use application requiring city commission approval such as approval of final engineering plans. Such waivers are not subject to the application requirements in subsection (c) and shall not exceed twenty (20) percent of the applicable requirement. However, in conjunction with the land use application requiring city commission approval, the applicant and city staff shall identify the applicable limited waivers and address, in writing, the criteria in subsection (b). Additionally, if deemed necessary and relevant by city staff or city commission to approving the limited waiver requested, the applicant shall provide such relevant information enumerated in section 20-29 to support granting the waiver request.

(Ord. No. 2015-19, § 2, 9-14-15; Ord. No. 2019-09, § 2, 6-10-19)

There is hereby created a planning and zoning board for the city.

(Ord. No. 44, § 44.04, 1-8-68)

The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the commission seat. Each member shall be a citizen and registered voter of the city and each appointment by the respective commission member occupying the corresponding numbered seat shall be subject to commission ratification.

(Ord. No. 44, § 44.05, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80)

Each member appointed shall serve as provided in Chapter 2 of the City Code. Vacancies on the board may be filled by the commission member whose seat number corresponds with the vacant planning and zoning board seat subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code.

(Ord. No. 44, § 44.06, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 259, § 1, 1-26-82; Ord. No. 2002-28, § 5, 9-23-02)

Editor's note— Ord. No. 2002-28, § 2, adopted Sept. 23, 2002, repealed former section 20-54 in its entirety which pertained to the appointment of the chairman and vice-chairman of the planning and zoning board and derived from Ord. No. 44, § 44.07, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80.

Members of the planning and zoning board of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred by them and that such reimbursement for expenses shall be established by resolution.

(Ord. No. 44, § 44.08, 1-8-68; Ord. No. 219, § 1, 7-8-80)

The planning and zoning board shall meet at least once each calendar month at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the planning and zoning board, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept.

(Ord. No. 44, § 44.09, 1-8-68; Ord. No. 173, § 2, 9-8-78; Ord. No. 259, § 2, 1-26-82)

(a)

It shall be the duty of the planning and zoning board to:

(1)

Recommend to the city commission the boundaries of the various original zoning districts and appropriate regulations to be enforced therein and any proposed amendments thereto and to collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of districts and appropriate regulations.

(2)

To hear and make recommendations on appeals only where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted, as provided in this chapter.

(3)

To review and make recommendations to the city commission on any application for variance, as provided in this chapter.

(4)

To review and make recommendations to the city commission on any application for conditional use, as provided in this chapter.

(5)

To review and make recommendations to the city commission on any application for waiver, as provided in this chapter.

(6)

To hear and make recommendations on such other matters and issues and give such guidance as may be required by law or requested of it by the city commission.

(b)

The planning and zoning board may recommend such rules of procedure as are necessary and not in conflict with the provisions of the Code of Ordinances of the city, or those statutes of the state which are specifically applicable to municipalities.

(c)

In addition to the duties set forth above, the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the board shall commence such duties on the adoption of the comprehensive plan by the city commission.

(Ord. No. 44, § 44.10, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 2010-09, § 2, 4-26-10)

Expenditures for all professional and clerical assistants employed in connection with the performance of the functions of the planning and zoning board shall be within the amounts appropriated for such purposes.

(Ord. No. 44, § 44.12, 1-8-68)

Editor's note— Ord. No. 2003-17, § 2, adopted June 9, 2003, repealed former section 20-59 in its entirety which pertained to recommendations of the planning and zoning board and derived from Ord. No. 44, § 44.13,adopted Jan. 8, 1968.