HomeMy WebLinkAbout2008 06 09 Public Hearings 502 Approval of Second Reading and Adoption of Ordinance 2008-05CITY COMMISSION
AGENDA
ITEM 502
June 9, 2008
Meeting
I Consent I I
I Informational I I
Public Hearing X
Regular
REQUEST: The Community Development Department/Planning Division requests the City
Commission approve second reading and adoption of Ordinance No. 2008 - O5, a text
amendment to the Code of Ordinances that would allow detached garages and other accessory
structures, subject to conditions.
PURPOSE: The purpose of this Agenda Item is for the Commission to hold a public hearing
to modify the code to allow new detached garages and other accessory structures larger than the
currently prescribed 240 square foot (SF) limit, subject to conditions to ensure compatibility,
proportionality, harmony, setbacks, and lot coverage. This ordinance does not change the
status of accessory dwelling units in zoning districts where they are prohibited and does not
change the status of the home occupation regulations.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, Florida Statutes
Chapter 6, City Code
Chapter 9, City Code
Chapter 20, City Code
CONSIDERATIONS: Section 6-84 of the City Code allows a maximum of two (2) accessory
buildings no larger than 240 SF or 12' high on a residential lot, unless connected to the principal
structure (the house). All accessory buildings must be located behind the building line
established on the lot by the location and orientation of the principal structure. Section 20-1 of
the Code defines a private garage as an accessory building. Ordinance No. 2003-02 amended the
section to allow the number, height, and size requirements to be varied from the Code,
conditioned upon the subject property being located within the Residential Rural Future Land
Use (FLU) designation and the Commission approving a conditional use for the structure.
Approval of the conditional use requires that all of the following are met:
June 9, 2008
Public Hearing Agenda Item 502
Page 2 of 3
a) The proposed accessory building is compatible and harmonious with the principal
structure and the surrounding land uses and structures;
b) The proposed accessory building will not adversely impact land use activities in the
immediate vicinity;
c) The height of the proposed accessory building does not exceed the height of the principal
structure; and
d) The accessory building shall meet the requirements of the applicable zoning district
including setback and maximum lot coverage.
Approximately three (3) entities have utilized this mechanism to build larger detached garages.
Others have inquired of the process. Most of these inquiries were for properties that were not
within the Residential Rural FLU designation.
Further, on July 9, 2007, the Commission approved a development agreement to allow a 1,024
SF (32' x 32') detached single story (11' 4" to the eaves; 20' to peak of the 12/6 pitched shingle
roof) multi-car garage for the property at 932 Arabian Avenue. The property has a Residential
Rural FLU designation.
Private garages are clearly subordinate and accessory structures to the primary structure -the
home. Traditional neighborhoods typically had separate proportionally sized garages behind the
principal structure. The primary concerns include, keeping the accessory structure behind the
principal structure as well as proportional to and in harmony with the principal structure and the
neighborhood. These larger (exceeding 240 SF) accessory structures must conform to the bulk
zoning requirements of the district, such as building setbacks and lot coverage, just as if they
were the principal structure. In addition, any detached garages would be subject to a review in
accordance with Section 9-607 of the City's Code of Ordinances(Residential Compatibility and
Harmony Regulations). Staff believes that the proposed code language will provide a reasonable
mechanism for construction of detached garages that will be compatible with development on
that particular lot and with the surrounding neighborhood.
Planning and Zoning Board Action: On March 19, 2008, the Planning and Zoning Board
held a public hearing on Ordinance No. 2008 - OS and voted 3 - 0 to recommend approval.
RECOMMENDATION: The Planning and Zoning Board and staff recommend the
Commission adopt Ordinance No. 2008 - O5.
COMMISSION ACTION:
ATTACHMENTS:
A -Draft Ordinance 2008-OS
B - March 6, 2008 Advertisement
C - March 19, 2008 draft P&Z Minutes
D -April 14, 2008 Commission Minutes
June 9, 2008
Public Hearing Agenda Item 502
Page 3 of 3
E -May 22, 2008 Advertisement
ATTACHMENT A
ORDINANCE NO. 2008-OS
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 6-84 OF THE CITY CODE RELATED TO
ACCESSORY BUILDINGS TO ADDRESS AND REGULATE
PRIVATE, DETACHED GARAGES; 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 § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 6-84 of the City Code currently allows amaximum oftwo (2) accessory
buildings no larger than two hundred forty (240) square feet in area and no taller than twelve (12)
feet in height; and
WHEREAS, the City Commission desires to amend the Code to provide for the construction
of detached, private garages subject to certain limitations set forth herein; and
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 fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 6, Buildings
and Building Construction, is hereby amended as follows (underlined type indicates additions and
stri-l~trt type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance oftext
existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
City of Winter Springs
Ordinance No. 2008-OS
Page 1 of 3
~:~~
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
.~. .1~. .~.'
Sec. 6-84. Accessory buildings.
(a) Ger:eral. Accessory building means a detached, subordinate structure, the use of
which is clearly incidental to, customarily associated with, and related to the principal
structure or use of the land, and which is located on the same lot as the principal structure
or use. Accessory buildings shall include storage buildings, toolhouses, private, detached
Garages, part-~rattses bathhouses (used in conjunction with swirmning pool) and similar
uses. No more than two (2) accessorybuildings shall be allowed on any single lot. Accessory
buildings shall not be used as living quarters, except that private, detached, private garages
may be used as living quarters or office space where permitted by this code and subject to
all applicable permitting requirements for such use.
(b) Height and sire restrictions. The maximum height of an accessory building shall be
twelve (12) feet measured from ground level. The maximum size of any structure shall be
tu~o hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection. detached, private garages may exceed twelve (121 feet in height without City
Commission approval provided the City Manager or designee thereof determines that each
criteria in subsection (f~(31 herein is satisfied. Further, detached, private garages may exceed
rivo hundred forty (2401 square feet, but in no case shall exceed one-third (1/31 of the air-
conditioned square footage area of the principle structure.
**~
(e) Setback requirements. When an accessory building is attached to a principal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
x.. ~:
~, Detached private garages which exceed twelve (121 feet in height or rivo
hundred forty square feet in area must meet the setbacks of the applicable zoning
district for the principle structure.
*' 7C ~:
City of winter Springs
Ordinance INTO. 2008-0~
Page 2 of 3
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 maybe
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe corrected and additions, alterations, and omissions, not affecting the constntction or
meaning of this Ordinance and the City Code maybe 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 the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2008.
ATTEST:
JOHN F. BUSH, Mayor
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
Cit3~ Attorney
First Reading:_
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2008-OS
Page 3 of 3
565107
ee: i7, 2B.
or as soon thereafter
matter mat be
Orlando City Counci
I hold o public hearing ~
mcil Chambers at Cif
16 400 S. Orarree Avenue
1 Floor, Orlando F
Dl, to Consider the 2nd ~
ATTACHMENT B
DATED th(s TI day of FeblSmithi Stephanie D,
ruarv 2008. Bravndvwme Homi
MARYAN NE MORSE Assotioflon, Inc.:
Clerk of Circuit Court Coast Ccedli Unic
(CIRCUIT COURT SEAL) known Tenant No,
bF'N. RtONTA6E-M CbMPRISEO NANCES AND RESDLU• SL5651050 3/d, 13, 2008 ~n the 1'raperty Herein De-
DF Ap(ES, MdR~Op (ESS. TIONS• INCORPORATION scribed, ore Defendants, 1
HOM M_ IN INTD fME CODE; SEVER- IN THE CIRCUIT COURT will sell to the highest and
(( PART TO AC-i/AN, Id PART AND ABILITY; AND AN EF- OF THE NINTH JUDICIAL best bidder for cash at yo-
iY u~ g1~ p~~ Egi~p~S FECTIV~E~ADA~TE~~ CIRCUIT IN AND FOR OR- lusia County Courthouse, 101 ,
TH_ 1RDPE EITCHEDMELT• ~c~~OsU~is~1TY, FLORIDA North Alabama Avenue,
OFi1pA~ iDNDl6 MAP, MOVW- AN ORDINANCE OF THE ~ ^" ""' WI007•CA•Ot3012-0. Rm D-251, 2nd Floor,
WG Fp ~NAB~LITY CORREC• CITY COMMISSION OF D~10e ~ Clerk's Conference Room,
TION OF SCIIIVENER'!i ERKORS, THE CITY OF WINTER Deland Florida 32720otVo-
- ANO AN ERECTNE DATE Inter- SPRINGS, FLORIDA, HSBC BANK U NATIONAL AS• Iusio fountyy Florida, at
fOCIA710N AS~SfEE FOR RD- i1:00 s.ni. on ttie 1Nh day of
ested parties may appear AMENDING SECTION 6.190 ~pA NOME EOU{TY IRAN INC. MARCX 1001, the following de•
and be heard regarding this OF THE CITY CODE RE- AS~t7BACKEO CERIIFMATES SE• scribed property os set
N. matter: A copy of the pro- LATED TO FENCE t~s 2007.2 forth in sdld Order of Final
posed Ordinance (s avail- HEIGHT LtMITATI0N5• plaintiff, Judgment, to-wit:
able in Me City Clerk's ot- PROVIDING FOR THE Y
E. fice, City Hppgelal. Persons REPEAL OF PRIOR IN• MERCt BpgT~aa UN- tp~ 11~ 9pANDYWINE CLUq~yyIL-
s~nsinmodeaduriny The hear- ES ANDERESOLUTIONS, IOW111N SPOUSE Ok NKACP BUS- lA3 UNN 1 ACCORDING iD THE
S• in9 will need q record of the INCORPORATION INTO TpO S; and all unknown PUT EII~OF, AS REtC9O0,IIIIIIIIDDDDFEEE.DDDD(I~N
pproceedings and may need THE CODE SEVERABILI• through, undermor c9alnst BN pRDS OFI~OIUSIA COUNTY,
to ensure that a yerbotim TY AND A{I EFFECTIVE the herein named Defend- fIORIDA.
record is made, including DATE. Dots who are not known to
P~ the tesitmOnY and evidence tie decd or alive,-whether
on which the appeal Is To be ON WEDNESDAY MARCN 1!, 2101 sold unknown parties claim ANY PERSON CLAIMING
hosed. Persom wRh disabll• AT ~7:10 PJI~ (OR SOON as heirs, devisees, grantees, A N INTEREST I N T H E
ides needtn9 assistance or ODINMISSIDN IN THE assignees, lienors, credl• SURPLUS FROM THE
P' an interpreter toparti<ipote ~~~ tors, trustees, spouses, or SALE, IF ANY, OTHER.
~_ in the pubfic hearing should LOCATED AT THE other claimants; TENANT THAN THE PROPERTY
contact the City Clerk's of- WINTEII SPRINGS CITY NAZI 11 gndlor TENANT 62, THE OWNER AS OF THE DATE
In- fice 0107-246-2251 at least 112i FAST STATE ROAD 131 PARTIES Intended to oc- OF THE LIS PENDENS
iA- 24 hours In advance of the WINTER SPRINGS. F pDA count for the cerson or ppeer- MUST FILE A CLAIM
of meeting. sons In ossession• MORT• WITHIN 60 DAYS AFTER
The Proposed ordinances ~ SONIC REGIfTMTION THE SALE.
~k~i OLS619721 3/6A18 moY be Inspected by inter-
ms n Msreh 17, 2001 2 ested Dartlos between 1 Pendants. ATTENTION: /9iSON5 WITH DIS-
ici• la Or soon thereafter, the o.m. and S p.m., Monday A81l7IlES If YYou ore o person
br• rlando City Council will through Fridayy aT The NOTICE OF SALE with disahiNty who needs
Cltv's Clerk's Office, local- any accommodation In or-
Ine hold a Public Hearing in ed at (726 Eost State Raad Notice is hereby even that, der to particiaate in this
red City Council Chamber, 2nd 4~, Winter Springs, Florl-
im Flr., City Hatl 400,5. Or- da. For more information pursuant to the Inal iud9- proceeding, You are end-
ing area Avenue, drlando, FL cap (dg7) 327-1800 (1227, per- mart of Foreclosure atetl fled at no cost to you, to
x(~e 32801 tb con i pq d o} 2 ns w{M disobllltiea need- February 21, 2008 In this the provision of certain os-
bilding ~~N ~E-_OF ing ass{stone fo portkipate Cause ~ will sell the proper- sistance. Please contact
CGIfFYY FggA~ in any pf these proceedglgs ty sib ated in ORANGE Court Administrator at
or AMENpING CpND IiS OF TH stquld toIdad the Employ- Couniv, Florida tlescribed Suite 300, Courthouse An-
ate EXISTING PLANNED DEVELOP- ee Ralptlons Department ~' hex, 125 E.- Orange Ave.,
uld q 20NING DE516• Coordinator 1B lours in ad• Daytona Beach, FL 32714;
~' ~ ~ ppppppP' yenta of t}ie meeting- bt ~ h OF NUM1EiF5 CREEK TRACT Tel.: 786.257.6096 within two
1st Ep~ENERI1lLY TED NOR1N 407 J27-1800, Extension ~ ACCORDIN€ TO TN PLAT (2) working days of your re-
the OF STATE ROAp SOUTH OF E ~(6. his Is a publk hear- ~ AS RECORDED Nf PUT celpt of the NOTICE OF
SOUTH ST. EAST & ROSAl1NO ing, if you decide to appeal DOK 31 P116NbS1 tlb OF THE SALE; if you ore hearing
AVE AND WES7 5. SIN+MfER- env recommendotioNdeci• PU6LIt MECU S OF•ORANCE impaired, call 1-R00.95f8171;
SI0/ LIN~AVE. COMPRI DF f.W1 Sion made by the Local COINLIY, FlDB1DA if you are voice impaired
ACRE AbRE OR AMEN0. Piannin9 Agency with re- call 1.800.955.8710 THIS 1~
2~ S, 1KOD Nwihaeen 4ae, NOT A COURT INFORMA-
INB THE EASNNB 20 OFS16• saed to qnv matter consid• ~~. R >?S11 TION LINE
irds NATI N~TD INCI DE THE AIK- Bred pt this meeting, you
xis ANME~ will need a record of the ut public sole, to the highest DATED at Deland, Florida,
Ain DI 1^~ TNT proceedings, and for such and best bidder, for cash, on February 13, 2008.
.Ity OFR L INB MAP. PROVIO• purposes, you may need to the Orange County Court-
INB FOR BEVERABNLT-Y CORAEE~~.. cortl of the proceedings is house located at 425 North DIANE M. MATOUSEK
we' TION Of CR ER ~ ERRORS, ensure that a verbatim re•
FL Orange Avenue, Suite 350 As ClerK Circuit Court
> AND All ERECTIYE DATE Inter- made upon which the aD- Or antlp Florida at 11:Ob 'CIRCUIT C6VRT SEAL)
ested parties may appear 0eal is based. Interested G~AML,aMARL1117S.L11. gy: JENNIFER VAZOUEZ
amt be heard regarding this parties are advised that Any person claiming an in- As Deputy Clerk
matter. A copy of the pro- they may 0 Dear 01 the terest in the surplus tram
~~ posed Ordinance is avail- meeting and be heard with the sale, 1} env, other than
able in the Cltfyy Clerk's of• respect to the propoud or• YY 6s
fi[e .City Holl Persons dinances. the date oftThe Ilsepentlens SmitA EHlat~t 8 DfaNi P.A-
Wy~ish~np to dppeal onv deci- must f{le a claim within 60 PO Box 11438
~- star made during the hear- CSE655254 3ibg8 days after Tae sole. Ft. Louderdole,
~ ing will need o record of the DATED of Orlando, Florida FL 33339-1138
6M- proceedings and may need this 27 dov of FEBRUARY, phone: (954) 564-DOT
o ensure that o verbattm _
ISA- i ~ • 2008. tlKi•37R51
ifpl{ record is made, including ' LYDIA GARI)NER .
the testimony and evidence
kIVE A6reitlssara el SaM Clerk of the Circuit Court VOL618355-FE8.28,MAR.6
~y on wh ch the appeal is ra tx (CIVIL COURT SEAL)
_ Dosed. Persons with disobil•
Me ides needing assistance or Bv: Norma J- Fe show IN THE CIRCUI C UR -
opY NOTICE IS HEREBY GiV- DepuT Clerk OF THE NINTH JUDICIAL
on interpreter to participate
nce EN Thal the undersigned In• ATTORNEY PoA PUMRI CIRCUIT IN AND FOR OR-
Ity in the public hearing shoul0 tends to sell the personal DOUGLAS C. ZAHM, P.A. ANCE COUNTY, FLORIDA
bll contact tIM City Clerk's ot• MaPertY descnbed below io 18830 U.S. Hw 19 N., 1300 CIVIL ACTION
fice O d07.216.2251 at least CASE N0. 41-2007•CA-3301
seal enforce o lien imposed on Clearwater, F 33761
i]ng 24 hours in advance of the said ropert under The 727 536-4911 phone DMSION 3S
meerine. pp v
re- Florida Self Storage Focfll- (727 539-1091 fox
and ty Act Statutes (Seci(on If you are a censor with a BANK Of NEW YORK AS TRtIST~
n a OL565198d 3/6A10 ~ Bel-83.8091. disability woo needs accom- FOR THE CERTIFICATFHOIBER
Ida NoOiw 17, 2001 modation in order to aortic- CWABS. INC ASSEf•BACMEO C91' -
bnd pvs or as soon ihereotter as (pate in this proceeding, you T1RG SERFS tD06-&
ap- the matter may be heard, The undersigned will sell at are entitled at no.cost to Plaintif},
ens the Orlando City Coundl public sofa be competitive you, for the provision of vs.
'as- wUl hold a public heorinyy in ttlddin9 on the 21st day of ttrtaln assistance. Please ARCA010 PARKA. a al
to Council Chambers at CItY March, 2008 at 8:00 a.m. on contact Court Administra- Defendant(s).
blic Hall, 400 S. Oran a Avenue, the premises where sold lion of 425 North Orange NOTICE OF RESCHEDULED
the 2nd Floor, Or~ando FL property has been stored Avenue, Suite 2130, Orange, ~~~~ SALE
246- 32801, to con ider on the 2nd and which are located at Flortda 32801, Telephone
ad• of two read~~~~n~ps the follow- Orlando Business Center, 1407) 836-2303,YY within two
OFgORU1N0LORIDA~E.4TA6 ofOran9e~5ttaeeMFlor~a celotofithisa0o~ment.rlf o~tolanOMerGRNach~ul-
I6~ tNG THE fON1MG CL11551FICA- the fo(IOwiiro: Sou are hearingg ~or voice in9 Foreclosure Sale dated
(T~I$0NN AS Pp7AN (PUNNED DEVE4 impaired, call 1-80P955-8771. January T5, 2008 and en-
- OPMENT WITH AIRCRAFT NOISE Geraltline Anderson tared In Case N0. 48-2007-
OVEAUYI DISIRICTrON MOPERTY Unlt 6:803 COR655506 ~ 3/6, U, 2008 CA-1507 Of the Circuit Court
i
ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -MARCH 19, 2008
(RESCHEDULED FROM MARCH 5, 2008)
PAGE 4 OF 7
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2008-04 Which Rezones 6.25 Acres (More Or Less), Located At 1379 SR
[State Road] 434 (NE [North East] Corner Of SR [State Road] 434 And SR [State
Road] 417), From "A-1" Agricultural (Seminole County ) To "GreeneWay
Interchange District" (City Of Winter Springs).
Ms. Sahlstrom introduced this Agenda Item and stated, "Staff reviewed these fourteen
(14) standards and they are included in your Agenda Item and does make
recommendation of Approval for the change of Rezoning to GreeneWay Interchange
District."
Ms. Sahlstrom reviewed the Criteria with the Board Members.
Chairman Heatwole opened the "Public Input"portion of this Agenda Item.
Mr. Mon je S. Plank, P.E., Senior Vice President, Central Florida Land Design
Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: addressed the
Board Members and confers with Staff s Recommendations.
Chairman Heatwole closed the "Public Input"portion of this Agenda Item.
"I MOVE THAT THE PLANNING AND ZONING BOARD/[LOCAL PLANNING
AGENCY] RECOMMEND SUBJECT TO ADOPTION OF FUTURE LAND USE
MAP AMENDMENT BY THE CITY COMMISSION, REZONING OF THE
SUBJECT PROPERTY IN [AGENDA] ITEM NUMBER X501' TO `GREENEWAY
INTERCHANGE DISTRICT'." MOTION BY BOARD MEMBER POE.
SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION.
VOTE:
VICE CHAIRMAN LACEY: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department -Planning Division
Requests The Planning And Zoning Board Consider A Text Amendment To The
Code Of Ordinances That Would Allow Detached Garages, Subject To Conditions.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and displayed various photographs of detached garages.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -MARCH 19, 2008
(RESCHEDULED FROM MARCH 5, 2008)
PAGE 5 OF 7
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
addressed the Board Members on this Agenda Item.
Discussion ensued on the restrictions.
Mr. Baker summarized the Criteria for the Record.
Chairman Heatwole opened the "Public Input "portion of this Agenda Item.
No one spoke.
Chairman Heatwole closed the "Public Input" portion of this Agenda Item.
"I RECOMMEND APPROVAL OF [AGENDA] ITEM X502' AS WRITTEN BY
THE COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDING
APPROVAL OF THE DETACHED GARAGES AS DESCRIBED HEREIN."
MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN
LACEY DISCUSSION.
VOTE:
BOARD MEMBER POE: AYE
VICE CHAIRMAN LACEY: AYE
CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
503. Community Development Department -Planning Division
Requests The Planning And Zoning Board Consider A Text Amendment To The
Code Of Ordinances That Would Modify The Existing Fence Height Limitations Set
Forth In Section 6-190. Of The City Code To Allow Fences Up To 4' - 6" In Areas
Of The City That Allow Horses, Ponies, And Commercial Riding Stables As
Permitted Uses.
Mr. Baker introduced this Agenda Item and displayed photographs of various fence
heights.
Further discussion ensued on height restrictions.
Chairman Heatwole opened the "Public Input "portion of this Agenda Item.
No one spoke.
Chairman Heatrvole closed the "Public Input"portion of this Agenda Item.
ATTACHMENT D
CITY OF WINTER SPRINGS, FIARIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APR[L 14, 2008
PAGE 16 OF 23
Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item.
Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design
Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: briefly
addressed the City Commission on this Agenda Item.
The "PLrblic Input" portion of the Agenda Item was closed.
"MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER McGINNIS WHO ADDED, "TO MOVE TO A
SECOND READING." DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
PUBLIC IIEARINGS
1 504. Community Development Department -Planning Division
Requests The City Commission Approve First Reading Of Ordinance Number 2008-
05, A Text Amendment To The Code Of Ordinances That Would Allow Detached
Garages, Subject To Conditions.
"MOTION TO READ BY `TITLE' ONLY:' MOTION BY COMMISSIONER
MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONL+'R BROWN: AYE
DEPUTY MAYOR GILMORE: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item.
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRlL 14, 2008
PAGE l7 OF 23
Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item.
Mr. G--eg Velz, 612 Fisher Road, Winter Springs, Florida: spoke on wanting to build a
garage to match his home.
The "Public Input "portion of the Agenda Item was closed.
Further discussion.
Mr. Stevenson stated, "In Section 6-84. that we're amending, that does talk abut
accessory structures, one of the areas that we are not amending -talks about - it says the
City Commission must find that the proposed accessory building is compatible and
harmonious with the principal structure and the surrounding land uses and structures.
That is not -that is language in addition to the Compatibility Ordinance that does come
up before you in a couple of months for a sunshine review. But this language is still in
the Code and it will not be subject to that sunshine review - 6-84., Accessory Structures."
Commissioner Robert S. Miller spoke of his concern with the language "Party houses."
Commissioner Krebs added, "Take it out." Commissioner McGinnis stated, "Take it
out." Commissioner Miller also noted, "Take it out."
Mr. Stevenson remarked, "We're currently doing an Amendment to the Code - if it is the
direction of this Commission to take it out, we will strike it out." Commissioner
McGinnis stated, "Strike it out." Commissioner Krebs said, "Take it out."
Commissioner Miller also noted, "I would like to take it out."
Deputy Mayor Gilmore asked, "Do we have a Motion to move to Second Reading"?
"SO MOVED." MOTION BY COMMISSIONER MILLER SECONDED BY
COMMISSIONER KREBS. COMMISSIONER MILLER ADDED, "...WITH
THE DELETION OF `PARTY HOUSES'..." COMMISSIONER KREBS ADDED,
"...RIGHT." DISCUSSION.
MR. STEVENSON ASKED, "IS IT THE DIRECTION OF THIS COMMISSION
TO REMOVE THE TERM, `PARTY HOUSES'?" COMMISSIONER MILLER
NOTED, "YES." COMMISSIONER McGINNIS STATED, "CORRECT."
COMMISSIONER MILLER THEN ADDED, "AND FROM OTHER
ANCILLIARY DOCUMENTS THAT MIGHT NEED TO BE ADJUSTED ALSO."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CfTY COMMISSION
REGULAR MEETING -APRIL 14, 2008
PAGE 18 OF 23
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
505. Community Development Department
Requests The City Commission Approve First Reading Of Ordinance Number 2008-
06, AText Amendment To The Code Of Ordinances That Would Modify The
Existing Front Yard Fence Height Limitations Set Forth In Section 6-190. Of The
City Code To Allow Fences Up To 4'-6" In Areas Of The City That Allow Horses,
Ponies, And Commercial Riding Stables As Permitted Uses.
Deputy Mayor Gilmore asked for a Motion to read by "Title" only.
"MOTION." MOTION BY COMMISSIONER KREBS.
Tape 3/SiJc D
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
Commissioner Brown left the dais at 9:27 p.m.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER BROWN: AYE (VOICE VOTE AUDIBLE FROM THE
ROOM BEHIND THE DAIS)
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Commissioner Brown returned to the dais at 9.•29 p.m.
Mr. Baker spoke on this Agenda Item and presented photographs during the discussion.
Discussion.
Deputy Mayor Gilmore opened the "Public Input "portion of the Agenda Item.
ATTACHMENT E
THURSDAY, MAY 22, 2008 F3
av- TIONS• INCORPORATION
i0s The City Commission mov INTO fHE CODE: SEVER•
~on continue thepubllchearings ABILITY; AND AN EF-
lice to other dates and times, as FECTIVE DATE.
Ond It deems nete5sarv. Any In•
iith terested rty shall be od• - ORDINANCE 7801-06
HE vised tta~the dotes, times, AN ORDINANCE OF THE
AF- Ond places d any continua- CITY COMMISSION OF
HE lion of shape Or continued THE CITY OF WINTER
OF public heorin~s shall be an- SPRINGS FLORIDA,
,YS pounced dur n9 the hear- AMEN INS SECTION 6-190
OF togs and that no further na- OF THE CITY CODE RE•
OF iJces reyortlingy these mat- LATED TO FENCE
M. tars will be ublished. You HEIGHT LIMITATIONS•
the are advised that anv arson PROVIDING FOR THL`
ons who desires to appeal any REPEAL OF PRIOR IN-
nds decision mode during the CONSISTENT ORDINANC-
ate public hearings will need o ES AND RESOLUTIONS,
with record of the proceedings INCORPORATION INTO
7 and far this purpose may THE CODE, SEVERABILI•
HE need to ensure flat a verba• T7 AND AN. EFFECTIVE
'ST tim record of the proceed- DATE.
CIS togs is made which includes
the testimony and evidence ON MONDAY J((~~!E 92001 AT
50 upon which the appeal is 5.15 PJA R ISOON TIJEREAFIEII
H E hosed. Persons with d(sabil- W THE COMMISSION CHAMBERS
ET sties neetling assistance to
ON paortlci 9ge in anv of the iBGTFD AT THE WINT[R
BE hoe Sityn oldvan efofc the Itt~2~EAST STATE H~ALL~ -
IMIIITFR BPAINGS, FYARNIA
HE meeting at (/01)905-3105.
ET The Proposed ordindnces
NY Beth Eikenberry, may be inspected by inter-
(p) City Clerk ested parties between B
ER a.m. and 5 p.m., Monday
iTE OLS723946 ' Sr12A18 through Fridov, at the
7. CitY's Clerk's Office, locat-
tlon q1Y ~ OCGff ed at n26 East State Road
- 1001, NOTICE OF P~C NFJWING 131, Winter Spr(ngs, Flori-
THE: TO E da. For more intormaf(on
her NJ.p~_Y_I(.- Y OE call (1071 327.1800 5717. Per•
W NGTON ~T sons wish. disabilities need-
Q814 P JECT : YAC•11.ON lire assistance to pprtlGipate
in anv of these proceedmgs
NOTICE IS NEAEBY 6NEN, pur- should contact The Emplov-
re suonT To Sedlon.153, Article ee Relations Department
II of the Code of the City Of Coordinator, 48 hours, In ad-
PA O~coee, that on TUESDAY, A111E (v(anc))e of the meeting. at
071 }he~kerlas ~o~tical,sihe 236Th se lc%~aublie hear
0 OCOEE CITY COMMIS- togs. If you decide to opcent
SION will hold o PUBLIC anv recommendationPeci-
2008 HEARING of the Ocoee sionmade-bytheCity,tom-
DA• Drive, Ocoee, Florida, to meeting, you ww neea a re-
consider the vacation of the cord of the proceedings,
N0. right-af•wav of East andy for such purposes, you
!~0 cyonsldertheodoppatlon of ilia erbatimpdrecordsof the pro
OF folldl(Eawin9 resolutlan: whlcti the anneal /s bcspeodn.
OCOESOWTONI~9OFAB E DONIN6 vlsMeStlwtth~evtrnav apepear
7R5 AND P MN aFat the meeting and be RearO
Ypfl ~ 0(OY with respect to the proposed
DE• (f`WTIDpEp p~FDTSE ordinances.
'HE ~ F 0 YEN D TN' SL5726717 Y12Ag
L 2001 f12~~. wsce~n
A lacoted•irt District 1.
~Q Marfho O. Havnfe, County
Mrye wish a gipped eq heidon
W, Comptroller As Clerk of the mpd! hY Me Banl d Couety Cem-
'p ~- Board of County wuuosen et thle Naing, Inn
R ~ Cammtssloners wAl pad a rentd d the pnepd•
1! EF#CTNE Orange Caunfv, Florida iMe. Yw eirodd ppn tliet,e rer•
qr IsUm ret6rd d ds aoewdiys is
to OLSM8601-MAY 22 wedP, wldeM Weer( IncleMe the
1, arrtinw wuc yr urcurv epklpt d~ N~ a die ~
I maJ dp• NANCES: ter ep6tpee. Si pad
hearingy ORDINANCE 1801.05 eryde ppcid heJo lerlij li
respell AN ORDINANCE OF THE Aeariepoe Eon Yeeppidedse ~
i lions. CITY CCOpMMISSION OF m~j• Per lees Ileme d 117•tf6•
THE CITY OF WINTER
`a file In- SPRINGS, FLORIDA, Murtha 0. Haynle,
,~ le9a~ dr AMENDING SECTION 6.81 County Comptroller As ,
Fetes and OF THE CITY CODE RE- Clerk of the Board of
inspected LATE TO ACCESSORY County Commissioners
immunity BUILDINGS TO ADDRESS Orange County, Florida ,
partmeM. ANp REggULATEE PRI- !
ore Drive, VATE DHTACHED GA• OL5726597
efween the RAGE~• PROM ING FOR
I. and 5:00 THE REPEALL F PRIOR
rouggh Fri- iNCON515TEN~ ORDI• NEYY AD PIACEMFNT
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X11 LJ,1
Date: June 9, 2008
The following was shown during Public
Hearings Agenda Item "502" by Mr. Randy
Stevenson at the June 9, 2008 Clty Commission
Regular Meeting.
ORDINANCE N0.2008-OS
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 6-84 OF THE CITY CODE RELATED TO
ACCESSORY BUILDINGS TO ADDRESS AND REGULATE
PRIVATE, DETACHED GARAGES; 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 § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 6-84 of the City Code currently allows a maximum of two (2) accessory
buildings no larger than two hundred forty (240) square feet in area and no taller than twelve (12)
feet in height; and
WHEREAS, the City Commission desires to amend the Code to provide for the construction
of detached, private garages subject to certain limitations set forth herein; and
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 fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 6, Buildings
and Building Construction, is hereby amended as follows (underlined type indicates additions and
stri~e~attt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text
existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
City of Winter Springs
Ordinance No. 2008-OS
Page 1 of 3
*~~
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
~~~
Sec. 6-84. Accessory buildings.
(a) General. Accessory building means a detached, subordinate structure, the use of
which is clearly incidental to, customarily associated with, and related to the principal
structure or use of the land, and which is located on the same lot as the principal structure
or use. Accessory buildings shall include storage buildings, toolhouses, private, detached
ara es partq-hetr~es; bathhouses (used in conjunction with swimming pool) and similar
uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory
buildings shall not be used as living quarters,_except that private, detached, private garages
may be used as living_quarters or office space where permitted in the Town Center and R-3
zonins districts and subject to all applicable permittin requirements for such use.
(b) Height and size restrictions. The maximum height of an accessory building shall be
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection, detached, private ara eg s may exceed twelve (12) feet in height without Citv
Commission approval provided the Citv Manager or designee thereof determines that each
criteria in subsection (fl(3) herein is satisfied. Further detached rivate gara eg_ s may exceed
two hundred forty (240) sauare feet. but in no case shall exceed one-third [1/3) of the air-
conditioned square footage area of the principle structure
~~*
(e) Setbackrequirements. When an accessory building is attached to a principal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
~**
Detached, private earages which exceed twelve (12) feet in height or two
hundred forty sauare feet in area must meet the setbacks of the applicable zoning
district for the principle structure.
*~*
City of Winter Springs
Ordinance No. 2008-OS
Page 2 of 3
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 the City
Charter.
ADOPTED by the City Commission of the Cit f Winter Springs, ~Fiorida, in a regular
meeting assembled on the 9`h day of June, 2008.
~Y`-
JO F. BUSH, Mayor
AT'P~E
i
AN A LORENZO-LUACES
C ty Clerk
APPRO AS TO LEGAL FORM AND SUFFICIENCY
FO HE ITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: April 14, 2008
Second Reading: June 9, 2008
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2008-OS
Page 3 of 3