HomeMy WebLinkAbout2010 02 22 Public Hearing 503 First Reading Of Ordinance 2010-02 Front, Rear And Side Yard Regulations CITY COMMISSION
ITEM 503 Consent
Information
Public Hearing X
Regular
February 22, 2010
Meeting / /
Mgr. / t.
REQUEST: The Community Development Department — Planning Division requests that the
City Commission hold a Public Hearing for First Reading of Ordinance 2010 -02, amending Section
20 -211 Front, Rear and Side Yard Regulations of the City Code regarding zero lot line properties in
the R -3 Zoning District.
SYNOPSIS: This is an administrative amendment request which will allow residential property
owners of zero lot line lots within the R -3 Zoning District (i.e. Deersong and Indian Ridge), the
opportunity to construct covered patio enclosures or screen rooms enclosures (only) within their
interior side yard, as long as the structure maintains a minimum three (3) foot separation to any
adjacent building.
CONSIDERATIONS:
APPLICABLE LAW AND POLICY
Section 2 (b), Article VIII, of the State Constitution.
Florida Statute 163.3194 Legal Status of Comprehensive Plan
Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development
Regulatory
Authority
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 20.
Winter Springs Comprehensive Plan
This is an amendment being initiated by the Planning Division of the Community Development
Department of the City of Winter Springs.
The proposed code amendment will affect only detached single family zero lot line residential units
arranged in a cluster grouping such as Deersong (172 lots) and Indian Ridge (84 lots). These units
are unique in that the structures are grouped so that three of the four sides are located on a property
line with the fourth side having an interior side yard.
February 22, 2010
Public Hearing Item 503
Page 2 of 3
property line
unit #1 / unit #2
t d >t rru xi 1,:'Km4xA0 0
.0 1_a .ry�r ,f� V(�
Y 4a� E property
a c, t .. l in e
property ? t ste I
line .r , 4j
WA
' Mti i i
j shed
� =, ' .A�.
d -N r 4 v br w�§'+i:'Y' Fds,'� t :. it
unit #3
unit #4 property line
The amendment will allow these property owners, the opportunity to construct covered patio
enclosures or screen rooms enclosures within their interior side yard, as long as the structure
maintains a minimum three (3) foot separation to any adjacent building.
property line
unit #1 / ( unit #2
t `� Sri f?',3`y' �A '• ?r
� ��3�jiC 'I
' t
• Y A t �4 property
property P t 4't a i t �, klr r's } ry line
line tr e ,�
T t� t 'r F 4 yli�1 6 ��' t f
?RAW min. separation
( covered screen room
/74* y� +�cyt/^f I 3 3b. 1 f47 r? y
),� kY.t� } ''.t ' 2i d' �,Y•si "8�`C',�',
1J` 4Y r G I `fir 2 h s t ,it. i
. :
x� 6 y4 t i V 4.? t fi r t °'k l P
unit #3
unit #4 property line
Although screen enclosures and covered screen rooms were permitted and installed in these
subdivisions during the 1990's , the amendment will clarify that these structures are now permissible
under the Code.
FISCAL IMPACT:
Improvements that are installed on existing residential properties typically result in an increase to the
taxable value of the property and of the neighborhood. In this case, the value lies primarily in the
property owner upgrading his investment.
February 22, 2010
Public Hearing Item 503
Page 3 of 3
COMMUNICATION EFFORTS:
Jan. 24, 2010- Public Noticing in the Orlando Sentinel of P &Z/LPA Public Hearing
P &Z /LPA Agenda Item posted on City's Website
Feb. 3, 2010- Public Hearing before the P &Z/LPA
Commission Agenda Item posted on City's Website
Feb. 22, 2010- 1st Reading & Public Hearing before the City Commission
Tentative Implementation Schedule:
Feb. 22, 2010- 1st Reading & Public Hearing before the City Commission
Mar. 8, 2010- 2nd Reading/Adoption Public Hearing before the City Commission
RECOMMENDATIONS:
P &Z /LPA Recommendation -
The Planning & Zoning Board/Local Planning Agency held a Public Hearing on Ordinance 2010 -02
and voted unanimously (5 -0) to recommend Adoption to the City Commission.
Staff Recommendation -
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2010 -02, amending Section 20 -211 Front, Rear and Side Yard Regulations of the City Code
regarding zero lot line properties in the R -3 Zoning District.
ATTACHMENTS:
A. Noticing in Orlando Sentinel of P &Z/LPA Public Hearing
B. Planning & Zoning Board/Local Planning Agency Minutes- February 3, 2010
C. Ordinance 2010 -02
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ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
FEBRUARY 3, 2010
CALL TO ORDER
The Regular Meeting of Wednesday, February 3, 2010 of the Planning And Zoning
Board/Local Planning Agency was called to Order at 7:00 p.m. by Chairman Charles
Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Charles Lacey, present
Vice Chairman William H. Poe, present
Board Member Robert Heatwole, present
Board Member Rosanne Karr, present
Board Member Justin C. Reviczky, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Requesting Approval Of The January 6, 2010 Regular Meeting Minutes.
Chairman Lacey stated, "I did notice a misspelling — first line of Page 4. I would like a
Motion to approve the Minutes with the correction of `bare' to `bear'."
"I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR.
SECONDED BY VICE CHAIRMAN POE. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - FEBRUARY 3, 2010
PAGE 3 OF 10
Chairman Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input " portion of the Agenda Item.
"I WOULD LIKE TO MAKE THE MOTION THAT - BASED ON THIS PUBLIC
HEARING FOR ORDINANCE 2010 -01, I MAKE THE RECOMMENDATION TO
THE CITY COMMISSION TO CHANGE THE ZONING DESIGNATION FOR
THE STATE ROAD 419 FRONTAGE WITH THE DEERSONG SUBDIVISION
BETWEEN MOSS ROAD AND SHERRY AVENUE, EQUALING 3.5 ACRES
MORE OR LESS FROM `C -1 NEIGHBORHOOD COMMERCIAL' TO WINTER
SPRINGS `R -3 MULTIPLE FAMILY DWELLING ZONING DISTRICT'."
MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER
REVICZKY. DISCUSSION.
VOTE:
BOARD MEMBER REVICZKY: AYE
CHAIRMAN LACEY: AYE
BOARD MEMBER HEATWOLE: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department — Planning Division
Requests The Planning & Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side
Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3
Zoning District.
Ms. Sahlstrom introduced this Agenda Item and stated, "This is the second part — a two
(2) part process."
An aerial photograph of the property was shown next.
Continuing, Ms. Sahlstrom explained, "What this Ordinance will allow — a covered
screen room or a screen enclosure, either one to be built within this rear yard, as long as it
maintains a three foot (3') minimum separation between the adjacent building which is on
the property line and the new structure. Three foot (3') is the Fire Code."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - FEBRUARY 3, 2010
PAGE 4 OF 10
Chairman Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input " portion of the Agenda Item.
"I WOULD LIKE TO MOVE THE APPROVAL OF ITEM `501' AS PRESENTED
BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD
MEMBER REVICZKY. DISCUSSION.
VOTE:
CHAIRMAN LACEY: AYE
BOARD MEMBER HEATWOLE: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER REVICZKY: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department — Planning Division
Requests The Planning & Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -03, Amending The List Of Permitted, Conditional And
Prohibited Uses In The I -1 Industrial Zoning District And Amending Certain
Related Definitions In The Zoning Code.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
presented this Agenda Item and stated, "What this involves is a Text Amendment to the
`I -1 (Industrial) Zoning District' that allows under the Permitted Uses, what is called
Secondary Metal Recycling."
Next, Mr. Stevenson noted that the property owner suggested adding language into the
proposed Ordinance which would include the `Recycling of Non - Hazardous Materials'.
Chairman Lacey asked, "These are changes in paragraph (10) that you are proposing ?"
Mr. Stevenson responded, "We are adding to paragraph (10) and then — you will see in
CHAPTER 20. ZONING ARTICLE I. DEFINITIONS, we have reworked the definition
of `junkyard'."
Continuing, Mr. Stevenson reiterated, "We would add as part of item (10), it would be
Secondary Metal Recycling and `Recycling of Non - Hazardous Materials. That is where
that language would go."
Chairman Lacey noted, "The first line of paragraph (10) ?" Mr. Stevenson replied,
"Would be modified. That is correct."
ATTACHMENT C
ORDINANCE NO. 2010 -02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING, TO ALLOW SCREEN
ENCLOSURES WITHIN SIDE YARDS OF DETACHED
SINGLE FAMILY ZERO LOT LINES CLUSTERED UNITS IN
THE "R -3 MULTIPLE - FAMILY DWELLING DISTRICT ";
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE
DATE.
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, the City Commission is aware that property owners have installed screen
enclosures on detached single family zero lot line residential units arranged in cluster grouping;
WHEREAS, the City Commission desires to protect the investment of such property owners
and to allow future property owners to install such screen enclosures within the "R -3 Multiple -
Family Dwelling District ";
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, is hereby
amended as follows (underlined type indicates textual additions to the City Code):
Sec. 20 -211. Front, rear and side yard regulations.
The following yard regulations shall apply in the R -3 Multiple - Family Dwelling Districts:
(1) Front yard. The front yard shall not be less than twenty -five (25) feet in depth.
(2) Rear yard. The rear yard shall not be less than thirty -five (35) feet in depth.
(3) Side yard. The side yard shall not be less than ten (10) feet in width.
(4) Corner lots. The front yard setback regulation shall control when the building
is located on more than one (1) street.
City of Winter Springs
Ordinance No. 2010 -02
Page 1 of 2
Screen enclosures or covered screen rooms shall be permitted within the interior side yard
of any detached single family zero lot line unit arranged in a cluster grouping, provided that
such screen enclosure or covered screen room maintains a minimum three (3) foot separation
from any adjacent building and is in compliance with other applicable provisions of the
Code. Section 6 -85 of the Code is not applicable to this sub - section.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions . All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of , 2010.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2010 -02
Page 2 of 2