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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 • t ATTACHMENTA I Orlando Sentinel • SE SUNDAY, JANUARY 24, 2010 J 7 L 1 w ,,.W,,, ele BI PALK EN i 2, Utl Aok, ii . • JOMpAt WW(� t tiggPottorgii&Tittnini GAME R tg t N � Sore ND1(C25 ' FURNIII� UE C'W LS CLO , IN THE CIRCUIT.CO T OF T L B D 71BE3 1 SSk. E S U E 09 CH NB O /AN 0 C 1 H C1 q, 1 THE EIGHTEE J D CIAL E S T HE RIG, RE:. F gp 0 C EI I s ON q ' L C p i7 R •Y Ip OF . CIRCUIT OOUNTY, FLORI A. 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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