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HomeMy WebLinkAbout2006 05 22 Public Hearing 201 Emergency Ordinance 2006-08 COMMISSION AGENDA ITEM 201 Consent Informational Public Hearing X Regular May 22, 2006 Mgr./Att/ Dept. Meeting REQUEST: The City Attorney requests that the City Commission consider adopting Emergency Ordinance No. 2006-08 which will establish interim regulations requiring that additions, modifications, and expansions of buildings and structures in residential areas be compatible and in harmony with existing buildings and structures and the surrounding neighborhood. PURPOSE: The purpose of this Ordinance is to establish interim regulations to protect the residential character of existing neighborhoods. Due to the expiration of some private residential deed restrictions in some of the older residential subdivisions, this ordinance will serve as a "stop gap" measure while the City Commission studies and completes a new regulatory scheme to preserve and protect existing residential areas. APPLICABLE LAW AND PUBLIC POLICY: I. Florida Municipal Home Rule Powers Act CONSIDERATIONS: I. In March 206, the City Commission was informed that private deed restrictions in Tuscawilla Unit 4 had expired pursuant to the Florida Market Record Title Act. Page I of 2 2. On April 10, 2006, having considered the possible wide ranging negative impact of the expired private deed restrictions on the residential character of some areas within the City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an ordinance which will establish a comprehensive regulatory scheme that will require all additions, modifications, and expansions of structures within residential areas to be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character thereof. 3. At the May 8, 2005 City Commission meeting, it became apparent that additional time will be required to study and prepare the new regulatory scheme. The Commission, therefore, directed that an emergency ordinance be prepared to serve as a "stop gap" measure to protect existing residential communities within the City from incompatible buildings and structures. 4. The proposed Emergency Ordinance would impose an administrative aesthetic review procedure for all additions, modifications, and expansions ofbuildings and structures within existing residential areas. Prior to the issuance of any building permit, the City Manager or his designee will need to determine whether or not the addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the subject property and the surrounding neighborhood. Ifthe City Manager or his designee denies the permit on that basis, the denial shall be appealable to the City Commission. 5. The proposed review criteria is similar to the aesthetic review process handled by the City Commission for new development, but the process is streamlined by allowing administrative review. 6. The City Attorney believes that the proposed ordinance will provide a sufficient level of protection to protect existing residential developments until the City Commission has enough time to complete a comprehensive review of the situation and finalize a comprehensive regulatory scheme. 7. The Emergency Ordinance has a six (6) month sunset provision, unless sooner repealed. STAFF RECOMMENDATION: The City Attorney recommends approval. ATTACHMENT: Ordinance No. 2006-08 COMMISSION ACTION: Page 2 of 2 ORDINANCE NO. 2006-08 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PRESERVING AND PROTECTING EXISTING RESIDENTIAL PROPERTIES FROM ADDITIONS, MODIFICATIONS, AND EXPANSIONS OF STRUCTURES AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN HARMONY WITH EXISTING BUILDINGS AND STRUCTURES AND THE SURROUNDING NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING ORDINANCES DURING THE TERM OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND A SIX (6) MONTH SUNSET PROVISION. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to adopt emergency ordinances by two-thirds vote; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cat. 1925); and WHEREAS, through the years, numerous deed restricted residential communities have been pennitted and developed within the City of Winter Springs; and WHEREAS, it is apparent from reading the various deed restrictions recorded in the public records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the character of the residential communities byprohibiting uses and structures that are incompatible with residential areas; and WHEREAS, over the years, the City has relied on these private deed restrictions to provide homeowners with regulatory protection that preserves the character and harmony of residential areas; and City of Winter Springs Ordinance No. 2006-08_ Page 1 WHEREAS, because of this reliance, the City has not historically had reason to impose numerous other legislative land use restrictions on existing residential communities within the City, especially in older existing subdivisions that are designated Planned Unit Development like Tuscawilla and Oak Forest; and ' WHEREAS, in particular and by way of example of this reliance, the City Commission has previously exempted existing single family residences from the Minimum Community and Aesthetic Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because ofthe existence of the private deed restrictions; and WHEREAS, it has come to the attention ofthe City Commission that some of the older deed restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their deed restrictions to expire under the Florida Market Record Title Act; and WHEREAS, the expiration of the private restrictions have left some residential communities without any significant regulatory mechanism to protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family residences; and . WHEREAS, as a result, the expired private restrictions have potentially exposed some residential communities to buildings and structur~s that are incompatible to existing single family neighborhoods and such incompatible buildings and structures may have an adverse impact on the quality of residential areas and upon property values; and WHEREAS, on April 10, 2006, having considered the possible wide ranging negative impact of the expired private deed restrictions on the residential character of some areas within the City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an ordinance which will establish a comprehensive regulatory scheme that will require all additions, modifications, and expansions of structures within residential areas to be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character thereof; and WHEREAS, the new ordinance will also likely preclude garages that are not constructed in a manner that is compatible with typical residential construction techniques including, but not limited to, size, materials, and height; and WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City Commission will take additional time and public hearings before adoption; and WHEREAS, in the interim, the City Commission hereby deems that the expiration of some ofthe private deed restrictions poses a serious risk to the residential character ofthe community and City of Winter Springs Ordinance No. 2006-08_ ,Page 2, therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate action by the City Commission to safeguard residential communities; and WHEREAS, the City Commission hereby finds that the preservation of residential communities serves a substantial governmental interest; and WHEREAS, rather than imposing a moratorium. on additions, modifications, and expansions of structures within residential areas, the City Commission hereby finds that interim regulations must be enacted by the City Commission until such time that a comprehensive regulatory scheme can be completed to protect the residential communities within the City of Winter Springs; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Interim Residential Compatibility and Harmony Regulations. (A) It is the intent of these interim regulations to promote and protect existing residential developments by prohibiting additions, modifications, and expansions of structures and buildings that are incompatible and not in harmony with the subject property and with the surrounding neighborhood. These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments. (B) Before any building permit is issued for the addition, modification, and expansion of any building or structure on a residential lot, the city manager or his designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that significantly enhances the established residential character of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria City of Winter springs Ordinance No. 2006-08 Page 3 stated abave and cammanly accepted architectural principles .of the lacal cammunity. (C) If the city manager .or his designee determines that the additian, madificatian, and expansian is nat campatible and in harmany, the building permit applicatian shall be denied an that basis. The applicant shall have the right ta appeal the denial ta the city cammissian. Said appeal shall be filed with the city manager in writing within five (5) calendar days .of the denial. Upan review .of the appeal, the city cammissian shall render a final decisian an the issue .of residential campatibility and harmany. All decisians .of the city commissian shall be cansidered final and shall be subject ta appeal ta a caurt .of campetent jurisdictian pursuant ta law. (D) These regulatians are supplemental and in additian ta all ather applicable pravisians .of the City Cade. Ta the extent that these regulations canflict with any ather pravisian .of the City Cade, these regulatians shall prevail and apply. Section 3. Severability. If any section, subsectian, sentence, clause, phrase, ward or provisian .of this Ordinance is far any reasan held invalid .or uncanstitutianal by any caurt .of campetent jurisdictian, whether far substantive, pracedural, .or any ather reasan, such partian shall be deemed a separate, distinct and independentpravisian, and such halding shall nat affect the validity .of the remaining partians afthis Ordinance. Section 4. Effective Date; This Ordinance shall became effective immediately upan adapti.on by the City Cammissi.on .of the City .of Winter Springs, Fl.orida, and pursuant ta City Charter. Section 5. Sunset Provision. This Ordinance shall sunset six (6) m.onths after the effective date unless saaner repealed by the city commissian by .ordinance. Upon sunset, this Ordinance shall be autamatically repealed and shall no longer be in effect. {Adoption Page Follows} City of Winter Springs Ordinance No. 2006-08 Page 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. 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 Effective Date: JOHN F. BUSH, Mayor City of Winter. Springs Ordinance No. 2006-08 Page 5 ORDINANCE NO. 2006-08 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PRESERVING AND PROTECTING EXISTING RESIDENTIAL PROPERTIES FROM ADDITIONS, MODIFICATIONS, AND EXPANSIONS OF STRUCTURES AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN HARMONY WITH EXISTING BUILDINGS AND STRUCTURES AND THE SURROUNDING NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING ORDINANCES DURING THE TERM OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND A SIX (6) MONTH SUNSET PROVISION. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to adopt emergency ordinances by two-thirds vote; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, through the years, numerous deed restricted residential communities have been permitted and developed within the City of Winter Springs; and WHEREAS, it is apparent from reading the various deed restrictions recorded in the public records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the character ofthe residential communities by prohibiting uses and structures that are incompatible with residential areas; and WHEREAS, over the years, the City has relied on these private deed restrictions to provide homeowners with regulatory protection that preserves the character and harmony of residential areas; and City of Winter Springs Ordinance No. 2006-08 Page I WHEREAS, because of this reliance, the City has not historically had reason to impose numerous other legislative land use restrictions on existing residential communities within the City, especially in older existing subdivisions that are designated Planned Unit Development like Tuscawilla and Oak Forest; and WHEREAS, in particular and by way of example of this reliance, the City Commission has previously exempted existing single family residences from the Minimum Community and Aesthetic Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because of the existence of the private deed restrictions; and WHEREAS, it has come to the attention ofthe City Commission that some of the older deed restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their deed restrictions to expire under the Florida Market Record Title Act; and WHEREAS, the expiration of the private restrictions have left some residential communities without any significant regulatory mechanism to protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family residences; and WHEREAS, as a result, the expired private restrictions have potentially exposed some residential communities to buildings and structures that are incompatible to existing single family neighborhoods and such incompatible buildings and structures may have an adverse impact on the quality of residential areas and upon property values; and WHEREAS, on April 10, 2006, having considered the possible wide ranging negative impact ofthe expired private deed restrictions on the residential character of some areas within the City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an ordinance which will establish a comprehensive regulatory scheme that will require all additions, modifications, and expansions of structures within residential areas to be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character thereof; and WHEREAS, the new ordinance will also likely preclude garages that are not constructed in a manner that is compatible with typical residential construction techniques including, but not limited to, size, materials, and height; and WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City Commission will take additional time and public hearings before adoption; and WHEREAS, in the interim, the City Commission hereby deems that the expiration of some of the private deed restrictions poses a serious risk to the residential character of the community and City of Winter Springs Ordinance No. 2006-08 Page 2 therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate action by the City Commission to safeguard residential communities; and WHEREAS, the City Commission hereby finds that the preservation of residential communities serves a substantial governmental interest; and WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions of structures within residential areas, the City Commission hereby finds that interim regulations must be enacted by the City Commission until such time that a comprehensive regulatory scheme can be completed to protect the residential communities within the City of Winter Springs; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Interim Residential Compatibility and Harmony Regulations. (A) It is the intent of these interim regulations to promote and protect existing residential developments by prohibiting additions, modifications, and expansions of structures and buildings that are incompatible and not in harmony with the subject property and with the surrounding neighborhood. These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments. (B) Before any building permit is issued for the addition, modification, and expansion of any building or structure on a residential lot, the city manager or his designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that significantly enhances the established residential character of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria City of Winter Springs Ordinance No. 2006-08 Page 3 stated above and commonly accepted architectural principles of the local community. (C) If the city manager or his designee determines that the addition, modification, and expansion is not compatible and in harmony, the building permit application shall be denied on that basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal shall be filed with the city manager in writing within five (5) calendar days of the denial. Upon review of the appeal, the city commission shall render a final decision on the issue of residential compatibility and harmony. All decisions of the city commission shall be considered final and shall be subject to appeal to a court of competent jurisdiction pursuant to law. (D) These regulations are supplemental and in addition to all other applicable provisions of the City Code. To the extent that these regulations conflict with any other provision of the City Code, these regulations shall prevail and apply. Section 3. 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 4. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. Section 5. Sunset Provision. This Ordinance shall sunset six (6) months after the effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this Ordinance shall be automatically repealed and shall no longer be in effect. {Adoption Page Follows} City of Winter Springs Ordinance No. 2006-08 Page 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of May , 2006. ATTEST: Approved as to legal form and sufficiency for the City of Winter Springs only: Effective Date: See Section 4. City of Winter Springs Ordinance No. 2006-08 Page 5