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HomeMy WebLinkAbout2008 06 09 Public Hearings 503 Approval of Second Reading and Adoption of Ordinance 2008-06 CITY COMMISSION AGENDA June 9, 2008 Meeting Consent Informational Public Hearing Regular MGR. VDEPT. Authorizatio x ITEM 503 REQUEST: The Community Development Department requests the City Commission approve the second reading and adoption of Ordinance No. 2008 - 06, a text 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. PURPOSE: The purpose of this Agenda Item is for the Commission to adopt code language to allow higher fences ( up to 4' -6") and in front of the front building line in areas of the City that allow horses, ponies, and commercial riding stables as permitted uses. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, Florida Statutes Chapter 6, City Code Chapter 20, City Code CONSIDERATIONS: Chapter 6 of the City Code regulates fences, walls, and hedges. It sets forth appropriate materials (Sec. 6-187); allows for barbed wire and fabric fences where horses are allowed (Sec. 6-188); allows for barbed wire above 6' in height where security fences are permitted - with building official approval (Sec. 6-189); limits fence and wall heights to 8' along side and rear lot lines, except that it limits the heights to 4' tall forward of the building line (Sec. 6-190); provides for line of sight at intersections (Sec. 6-191); and requires at least a 3" setback from the property line (Sec. 6-193). The "building line" is a line parallel to the front-most portion of the wall of the principal structure on a lot. The "building line" may be behind the front building setback line, as houses in most parts of the City are not required to build all the way up to the setback line. The existing 4 foot maximum fence height in front of the building line rule is fairly typical and is by no means unique to Winter Springs. June 9, 2008 Public Hearing Agenda Item 503 Page 2 of2 Staff has received a request to increase the front yard fence height in areas where horses are allowed (e.g. RC- I & RU zoning districts). Staff notes that horses, donkeys, and cattle are typically kept within 3 to 5 strand barbed wire fences of approximately 4' height. Taller fences placed in front ofthe building line are more likely to create conflict with the City's aesthetic character and requirements. Staffhas done research and determined that a 4' wire mesh fence with one strand of barbed wire, at an overall height of 4' 6", is an acceptable alternative. A simple barbed wire fence with 3 to 5 strands of wire at a height of 4' 6" would also be acceptable. Also acceptable and commonly used are split-rail, cross-buck, and three and four rail wooden fences. These fences are typically around 4'-6" tall. A 6' tall fence is unnecessary, except for "jumpers." These are horses with a propensity for jumping fences and should not be kept in the front yard, where they could easily get out and into traffic or otherwise endanger the public or themselves. Staff took this item to the City Commission on November 13, 2007 for advisability. During this meeting, several residents of the areas that would be affected by this proposed text amendment spoke in favor of higher fences. Those comments are included as part of Attachment B to this agenda item. First reading of Ordinance No. 2008-06 was approved by the Commission on April 14, 2008. PLANNING AND ZONING BOARD ACTION: On March 19,2008, the Planning and Zoning Board held a public hearing and voted 3 - 0 to recommend approval of Ordinance No. 2008 - 06. RECOMMENDATION: The Planning and Zoning Board and staff recommend the Commission adopt Ordinance No. 2008 - 06. ATTACHMENTS: A - Draft: Ordinance 2008-06 B - Minutes of the November 13, 2007 City Commission meeting (Item # 500). C - March 6, 2008 Advertisement D - March 19,2008 Draft: P&Z Minutes E - Minutes of April 14, 2008 Commission F - May 22, 2008 Advertisement ATTACHMENT A ORDINANCE NO. 2008-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-190 OF THE CITY CODE RELATED TO FENCE HEIGHT LIMITATIONS; 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, certain zoning districts in the City provide horses, ponies or commercial riding stables as permitted uses subject to certain conditions; and WHEREAS, section 6-190 of the City Code currently limits fences located in front of building setbacks to no more than four (4) feet in height; and WHEREAS, the City Commission desires to increase the height limitation on said fences in those zoning districts which permit keeping horses or ponies, or permit commercial riding stables; 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, Building and Building Regulations, is hereby amended as follows (underlined type indicates additions and ~trikcout 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): City of Winter Springs Resolution No. 2008-06 Page I of3 CHAPTER 6. BUILDING AND BUILDING REGULATIONS *** ARTICLE VIII. FENCES, WALLS, HEDGES *** Sec. 6-190. Height limitations generally. All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside ofthe established building lines shall adhere to the following heights: W. Iffront of the front building line, no more than four (4) feet in height; ill If to the rear of the front building line, provided the provisions of section 6-191 are met for corner lots, no more than eight (8) feet in height~ ~ Fences no more than four feet six inches (4'6") in height mav be permitted on a case- by-case basis by the city manager to be located in front ofthe building line in zoning districts which provide for horses and ponies or commercial ridinll stables as permitted uses. Any fence aoproYed by the city manaller under this subsection shall be constructed using non- opaque material. *** 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 City of Winter Springs Resolution No. 2008-06 Page 2 of3 validity of the remaining portions ofthis 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. 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 Resolution No. 2008-06 Page 3 of3 ATTACHMENT B CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13.2001 PAGE 12 OF 23 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests That The Commission Consider And Provide Direction Regarding The Existing Fence Height Limitations Set Forth Within Section 6-190. Of The City Code. Mr. Stevenson presented this Agenda Item and then read a letter for the Record. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert Stowell. 610 Tina Lane, Winter Springs, Florida: Mayor Bush said, "Who says he does not wish to verbally address the Commission. For the Record, he is in favor ofa six foot (6') fence." Ms. Sam Nichols, 1281 Nature's Way, Winter Springs, Florida: addressed the City Commission on her property, horses, and fences. Ms. Cindy Scribner, 405 South Moss Road, Winter Springs, Florida: spoke about the fence height on her property and asked whether she needed to make any changes. Ms. Deanna Nelson. 140 East Tradewinds Road, Winter Springs, Florida: spoke of protecting her animals and maintaining safety. Mr. Donald Smith, 120 East Tradewinds Road, Winter Springs, Florida: prefers to see higher fences and supports six foot (6') fences. Mayor Bush closed the U Public Input" portion of the Agenda Item. Discussion ensued. With discussion, Manager McLemore noted, "We're only talking about fences that are in front of the build-to line." Further discussion. CITY OF WINTER SPRINGS. FWRIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE \3 OF 23 Mayor Bush asked, "Want them to bring it back?" Commissioner Krebs said, "I would like you to bring it back." Manager McLemore said, "We will bring back some language for you to adopt" Commissioner Krebs said, "Right." "I MAKE A MOTION FOR THE CITY MANAGER TO BRING US BACK INFORMATION REGARDING FENCES BY EXCEPTION TO INCLUDE THE TYPE OF FENCING AND THE HEIGHTS - WHAT YOU SEE IS ALLOW ABLE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "SHOULD THIS BE RESTRICTED TO CERTAIN AREAS OF THE CITY?" COMMISSIONER KREBS SAID, "YES, TO THOSE AREAS THAT WE JUST DISCUSSED - THE RANCHLANDS - THAT ALLOW LARGE ANIMALS, LARGE HORSES." MANAGER McLEMORE SAID, "WE WILL BRING YOU BACK A DRAFT ORDINANCE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BROWN REQUESTED THAT LARGE FEES NOT BE INCLUDED. MAYOR BUSH SUGGESTED THA T VARIANCES ARE NOT MENTIONED. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush added, "1 would encourage the Manager and Staff to work with some of the homeowners who took the time to come tonight." .:..:. AGENDA NOTE: PUBLIC INPUT WAS HELD NEXT, FOLLOWED BY "REPORTS", AS DOCUMENTED. .:. .:. PUBLIC INPUT Mr. Bob Rucci. 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of Agenda Item '603' and increased Fees; and handed in a document to the City which he asked be forwarded to the City Commission. -1 ! i ATTACHMENT C THURSDAY, MARCH 6. 2008 F3 Avenue. u te N 30. wher.ln 8ANK OF NEW" ~:& l'UBUC ~~fhfnl f~~~l d~ ta~Kc~H"}~El~Mo't~ CON of 'l'our r.celpl 01 Ihls no- DERS CWABS. INC, AS- otIDIHAllCE llllIHS VJr~e 11Jg::,~e'3. ~'::W~?8~ ~iM~~M~s <=M-X~ ~s ~rT$R~b~~rfsPcfNT~~ ~.m~ Ihls 71 doV 01 F.t>- S~I~~~W~~~ ~.ff~il~; I~:I~lS; DFFt'd~r~A~ ruoN ~YANNE MORSE ~~~~~~f'{~~~ r~~o$'pn..g AMENDING SECTION 6-8<1 Clerk of Clrcllll Courl Coosl Cr.edlt Union; Un. OF THE CITY CODE RE- (CIRCUIT COURT SEAL) known T.nonl No,;1; Un. LATED TO ACCESSORY Bv Marv Stroupe known Tenant No.2 and All ~w6DlrEGULOA ~~D~l~~ ATTORNFf ~ DerftW Clerk ~n~~~~~~ '~~I+t'ro~lg~~~9 VATE! DETACHED GA- SfeIlhenoM. e~Esauire derarAgalnslaNarnedOe- RAGE,,- PROVI81NG FIOR 725 North 10 Avenu. fendanl fa Ihis Action. or THE RePEAL F PR OR OrlOlldo r d 803 Hoving or Clamlng 10 haY. INCONSISTENT ORDI. . . . . anY RIY,hl. Tille or Inl.r.st ~i6~~~M~Rp~~~%~JN ~.. 3/6. 13. 2008 ~~rY~d r~r~el~~~~~tpei INTO THE CODE; SEVER. CIRCUIT CO~RT will sell 10 the hlgh.st and ~m:Jh~r.p. AN EF. UIT%Nl~dU~dRI~ ~~~~fy'r.~~~~J8i llRDIHAHCl!D-li. O~TJllhil~-o ~~fVman;~rfl~~~'. ~rT~Rgb't:~rfsPcfN T~~ omsi.. 33 ~~~~. ~ro~~~ef2~~'I"~: THE CITY OF WINTER DlW. AS. lusla Counl~. Florida. 01 est.d parlles mav a~:~':ir ~~~~NOl~G SEH~~I ~~ 1.O'f: Ife. 1mcri~~I~~a~~~.::r le! and be heard r.garding this OF THE CITV CODE RE- CAns Sf. scribed prop.rlv os s., malt.r. A copy of Ihe pro. LATEO TO FENCE forth in sold Order of Final ~gr.4nO~inc~rc'ci:r~.~a~: ~~b'tnbl~I~ln~l<tttS~y . . JucI9m.nt. to-wil: ~~tln~i:t a~g!~i :::~~~I~ M:S~N-E2f bC6?:tA~~: = MMnt rmcY dllt m S slons mod. during Ihe hear. ES AND'RESOLUTlONS. TDS;! and all unknown PIA Ingwllln--"arecordollhe INCORPORATION INTO par les claiming. bv u.. , """ THE CODE" SEFVFEERCATBIlvLEI' through. und.r or ogalnsl m i f~~:~gfhgrdo ~~~b~l'j'~ TV AND AN E the h.r.ln named Defend- f~ore~,I~,:::~d"ndi~~~~~~: DATE. =1~.:rO~~I~~. k=rh:~ on which the apPIlIIIS to be OIl WEDNESDAY, 1IAICll1l. lIIII sold unknown parlies claim ANY PE~SON CLAIMING bosed. P.rsons with disobil. At 7:00'... DI SOON os heirs. devisees. grantees. AN INT REST IN THE ~ Illes needing asslslanc. or ~~'Ubs asslgne.s. lIenors. cr.dl- SURPLU FROM ~~~ V. rn"l~:erPbflrh~~~i~l~ U LDCAa At THE ~~r Irl:,'~~ls~P~ Of ~~~~. +~EA~k'o~~RTY confacf'lhe Cil'l' Clerk's of. W1NTB1 RINGS CITY IWJ. 11 a':.J:: TENANT. E OWNER AS OF THE DATE II- lice 0 407.2~-2251 al leasl f12I EAST stWls.I~ PARTIES intend . OF THE LI S PENDEN S r~ 24 hflurs In advanc. 01 Ihe wumJl Sl'Il ~~I l,\'r ~hes:mg~. o~raf: rolirSH~/kL5A ~S ~~W~ r. met ng. The ~or.osed ordln~nc.s ~E ~IC IEGISriiATION THE SALE. ~': 0LS649721 31Ml8 ~'~dPa~S~'.ge~~e~~eri ~n~C. ~ N: ,ERSONS WITH 01S. Ill. flOlICE: O. Mal.~ 11. ZIII 0 1 a.m. and 5 p.m.. Monday . = If vau are a person lei. t.a or soon thereafter. thllel Ihrough Frld.ay, 01 Ihe NOTICE Of SAIl "!ith disability who needs .... Orlando .Citv Council w CIty's Clerk's OffIce. local. . any accommodollon In or. ~ h91d 0 PubllCCh H.arlng In ed 011126 East Slale RllOd ,Nollce Is herebv lIiv.n lhot. der 10 porllclpat. in IlIls .... CIty Council ambers. 2nd 434. Wlnler SPrings. Fiori. pursuanf 10 lhe FlnaIJ'udg. proce.dlng. vou or. enll- 1m Fir.. City Hall 400, S. OFrL' do. For more Inlormallon menIal Foreclosure aled lied. 01 no cO'I 10 vou. 10 ",g anloe Aven landS, I 2 coli (4Il7~ 32J-1r./1I227. Per. F.bruarv 21. 2008 In Ihls Ill. provision of c.rlaln os- ~ ~WI~:S~ n rn:s':I~a~~~flc= ru:TIJa'~~SY~ 'B"R~~~~ ~I:~~rcld:;.\~~~rr~f~:a~ bU. CITT In onv of f'- proceedE ling, !!ountv. Florida described Sulle 300. Courlhous. An- or sIloUld contocf lhe mploy. os: neil. 125 E. Orange Ave.. ofeld ee Relpllans Oeparlm.nt' DaYlona Beach. FL 32114; u Coordlriolor 4B hoUrs In ad- lOT 's ClIEB TIlACf T.I.: 386-251.6096 wllhln two oft' vance of the m.t.ting of 121 TD THE 'LAT (2) working days of your .re.- os mOJl 327.1800. Exl.nslon DBlIl PlAT c.lpl 01 Ih. NOTICE OF lhe . This Is 0 public hear. ~I t4l. OF THE SALE; If vau are hearing AVE. ng. If vou decide 10 aPcl:11 UI S OF ORANGE lmoolred. call 1.800.955-8111' I/D8 N ~rln r~g:re",:~dfJ~otac~i ~a"Of_8~~9~~~)~01'V~~ISers Bf Planning ADency WIth re- INs M&OD HOIIhennm lJoo. NOT A COURT INFORMA- os M speq to ~nr. moll.r consld- ad.... n 3lIJJ TION LINE :~~I ~tr na:el ~ r~::~n~'1 ~~: cif public sole. 10 lhe higheSt DATEO at D.land. Flarldo. '1In D ::;=~~~u a~v'''n'.:.l''i~ f~ ~~~:~d2g~'n:or C~~~~: on FebruaN 13. 2008. iul ensure thai a verl>ollm reo house located 01 ~S Norlh DIANE M. MATOUSEK lFL . : ~~~a~~~~ e:~e~~:~~ or~nge I\ve~~'d~ul~T ~5,&j ~~H"g<6~i{f"Mt~rt D! t$ted parhes ma'l' appeqr peal is bosed. Inler.sted O~bl~ IiiitH 15.llIIlI. \f~.R JENNIFER IIAZQUEZ and be heard regarding Ihls parties are advised Ihat ~nY person claiming on In-' As Dep"'v CI.rk . moller, A COPV of, Ihe or:o-, they mov aooear at Ihe lerest In Ihe surplus Irom poseej Ordinance IS a,val - meeflng and be heard wllll the sole. If any. alher lhan able In Ih. Cllv Clerk s of- respecl 10 the proposed or. he properly own.r os of AlTORIIEYS FOR PlAINTIff; ~ flCI ehl' CIIIY Hall., p.r!.~t dinonces. lhe dote of lhe lis pendens smith. HloIf & Olal. PA w s no 0 a_a any ~ - mus1 IIle 0 claim wllhln 60 PO Box 11438 lZ1 t:' w~.Ju~'~~ :''I'~ CSE66S:154 316108 t';U'b'~1 ~I:.'.l:; Florida ~t ~~'.. r.rOCeedlngS and mov nl'j'd IIEWlliII this 21 dav of FEBRUARY. phon.: (954) S64-oon A. ~c~~~u~: :::g~e~ I"'[!~~I~ ~r:1~[tlHO('I' 2008. LYOIA GARDNER tJ83.3e1 fhe tesllmony and n"\en~ AoholIlsooooAl " Sale Clerk of Ih. CirculI' Cour! VOL6<48355-FEB,28.MAR.6 V g:::lI~cPe:.':.:':e%'t. JI.gbll- (CIVIL ,C~Ur~ ~E~~lshaw IN THE CIRCUIT COURT r;:,; itles neltdlng assislance or NOTICE IS HEREBY GIV. Bv. 0 DePutv CI.rk OF THE NINTH JUDIRCIAotIL an Inlerprel.r 10 parllclpal. EN thai the nderslgned I.. AlTORIIEY FOB PlAINl1/fo CIRCUIT IN AND FO . qf~ In Ihe fUbllC hearing s~ouofld I.nds 10 8elf Ihe personal DOUGLAS C. ZAHM: P.A, ANIE COUNTY. FLORIOI\ '~I conlac Ih. Cllv Clerk s . raperlv described beloW to 18830 U.S, Hwv 19 N.. ~ CIVIL ACTION 3!11 i flce 0 4O!-246-2251 01 I.asl ~nforce a lien Imposed on Clearwat.r. FL 3376<4 CASE NO, 18.au70~N 35 Ing 24 hours '" advance 01 the said properlv under The In115J6.4'/1l Phone 're- mOIling. Florida Self Slaraue Faclll. 727 539-1094 fax .' lllUSTH ~nd ,OLS651984 31Ml8 ~ Acf Slalut.s (S.ctlon f you or. 0 person wIlh 0 EKOLOERS :. Nolin: O. Mercllll ZlIIII 41 2:00 .801-83.809),. =aWJ~ i,,"gr~'~ ap'i:'~: cm CEIl- nd pm or os soon Ihereaff.r os lpole In Ihls proceeding. VOU l ap- Ihe mall.r mav be h.ard( The undersigned will sell of ore entltl.d 01 nolcol sl ta, lOllS the Orlando Cllv Councl publiC sale be competlllv. vau. for the prov s an 0 ....v.!b PAIIRA. It ., 'os. will hold 0 public hearing In bidding an Ihe 21s1 dav of certain asslslance. PII.ase ...Del.......ndonllsl. rIa Council Chamb.rs 01 CIlY March. 2008 at 8:00 a.m. QI! canlact Court Admin slra. bllc Hall 400 S Orange Av.n~. Ihe pr.mls.s wh.r. sold flon 01 425 Narlh Orange llOT1CE OF RESCHED\IlfII the 2nd' Floor. Orlanda FL prap.rty has b.en $Iored Ayenue. Sull. 2130. orahnDe. FOIECLDSURE SAIf ,246- 32801 to r on the 2nd and whiCh are local.d 01 Florida 32801. T.I.p one ad- of tWo r he follaw- Orlando Business Cenler. 1407) 836-2303. within Iwo NOTICE IS IWIEBY GNEIl pursu. OF THE CITY 2200 Forsvlh Rood. Counlv 2\ working davs of vaur re- t 1 Order Reschedul. OA ESTAI. of Orange. Slate of Florida. ce pf of Ihls 10cumenl'l If f~g ta~;'clasur. Sale doted SSfJCA.EL lhe following: y,ou 01 r.d h.~r r.9uo;s5-~ri1e Januarv 25. 2008 and .n. DEV . mPG r. . co BOO- . t.r.d In Case NO. <18-2001. PIl~ ~rf'ii~fuAnderson COR65S506 .~ 3/6. 13. 2008 CA.3507 of Ih. Circuli Calf" " ATTACHMENT D 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 '502' 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 Heatwole closed the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 19,2008 (RESCHEDULED FROM MARCH 5, 2008) PAGE 6 OF 7 Mr. Stevenson said, "The Planning and Zoning Board/[Local Planning Agency] may need to discuss that [ Agenda] Item if they feel that the four foot six inches (4' 6") is not enough of an allowance that is certainly your prerogative to change that number. Staff, at this point, based upon our research and based upon industry standard, is recommending four foot six inches (4' 6") because as I told you earlier, that is the prevailing height of a lot of these Equestrian fences whether they be four (4) rail, three (3) rail, strand of barb wire on the top or whether they be a cross-buck fence. And Staff would be reviewing these fences much the same way we do now on a case by case basis." "I WOULD LIKE TO MOVE THAT [AGENDA] ITEM '503' BE APPROVED AS WRITTEN AT THE FOUR FOOT SIX [INCH] (4' 6") BASED UPON THE INDUSTRY STANDARD THAT THAT IS THE BASIC SIZE THAT THEY COME AND ALSO I AGREE WITH JOHN [BAKER], I WANT TO STAY AWAY FROM SIX FOOT (6'), EIGHT FOOT (8') FENCES THAT ARE MAKING IT LOOK LIKE A TUNNEL. SO, I RECOMMEND APPROVAL - TO THE CITY COMMISSION UP TO FOUR FOOT SIX [INCHES] (4' 6") IN THE FRONT BUILDING SETBACK IN THE AREAS OF THE CITY THAT ALLOW HORSES, PONIES, COMMERCIAL RIDING STABLES." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION. VOTE: CHAIRMAN HEATWOLE: AYE VICE CHAIRMAN LACEY: AYE BOARDMEMBERPOE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department - Planning Division Wishes To Provide The Local Planning Agency (LP A) With Comments Received From The Department Of Community Affairs And Other Reviewing Agencies, On The Proposed Evaluation And Appraisal Report (EAR). Ms. Sahlstrom presented this Agenda Item and said, "Once this is Adopted then Transmitted to the State, they will have sixty (60) days when they will provide us with the formal sufficiency comments. And what that means is they review the EAR (Evaluation and Appraisal Report) for sufficiency based on Chapter 163 of the Florida Statutes and then there will be a thirty (30) period where we can comment or resubmit additional materials and then they will actually do a Notice of sufficiency at that time." ATTACHMENT E CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 14,2008 PAGE 180F23 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. -7 PUBLIC HEARINGS 505. Community Development Department Requests The City Commission Approve First Reading Of Ordinance Number 2008- 06, A Text 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/Sidc B 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. Discllssion. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 14, 2008 PAGE I90F23 No one spoke. The "Public Input" portion of the Agenda Item was closed "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. COMMISSIONER McGINNIS ADDED, "MOVE TO SECOND [READING]." DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 507. Office Of The City Attorney Requests That The City Commission Consider Adopting Ordinance 2008-08 On Second And Final Reading Authorizing The Lease Or Sale Of 154 Lori Anne Lane. Attorney Gargancse read the Ordinance by "Title" only. Deputy Mayor Gilmore opened the "Public Input" portion afthe Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ATTACHMENT F THURSDAY, MAY 22, 2008 F3 r~WS+Hlf~%~~~NlPr ABILITY, AND AN EF. FECTlVE !!lATE. 0II01lNICE llIlIH& AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER ~~~"b<<f~G SEH~l~l~ ~V.r6 clg CO~g:CEE ~ ~h<t~61 ~1t'1~~~ '~~S~ REPEAL OF PRIOR IN. CONSISTENT ORDINANC- ES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILI- TY AND AN. EFFECTIVE DATE. ON MON8AV.~UNEd: llIll8 AT ~\l'rcoJ~:IL. =Is WlNTIlI ~~ 434 , IUlRlOA ~~. ~O~~t~d~~~~f:r~ esled parlles belween B 512mB rh';'ou~~d Mcr~:;, ~~nm CiIY's Clerk's Ofllce, local. ed 011126 Easl Slate Road ~J.l, Winler Sprin;s, Fiori. do. For mo' alion ~g~s (~~t3Jr n~: fR 1ll1l assislonce Ie NOTICE IS HE BV GlYtll, ur. ~~~ ~or1Mc'? lro Emp aY~ re suanl to secRffon .153, Arftcle ee Relallons Deportmenl PA g~~~~ ~~,'~~ ~~~ng}o~'h: ~""e7i~~ ~i m ~~f~e~"~nrar,'~~I,"Il:~ ~:,n~e'~~g' ~~l~~~gr~ n ~1c;,~E~lIml~ ~~'nr(fc ~'::'r~~~=~t~~~~~ 2008 HEARING allhe Ocoee slon made by the Cily Corn- - Cltv Commission Cham. mission wllh respeel to onv UIT bers, 150 Norlh Lakeshore matter considered 01 this DR. ro'~:i~.ro~~eevOc~Il:i~':.~'~~ ~JI~~, ~~~I~~i~:~; 'NO rlghl-ol.wav of East and lor such purPOSes, vou i34-d ~~:~~:'ll:~ M~"ri:,.ogN,~ ~~~t~~S~[~:~~ OF lollowln; resolutfon: ceedings is made upon .Whlch the appeal Is based. OF Interested porlles are ad. IS ~l~ ='lrn~y a7.'gr,.a~::~ wllh respect 10 Ihe proPOSed OF ordinances. Ji SLSn6m SI22..Il8 J . 2.~ :"U~;.%.~n Martha O. Havnle. Countv located In Olstrlcll. W. . I~ wiI~ to ~ .'" ftclliao OF If' CamPlroller As Clerk of the "idt!..... l.ilI of ClIl1dY Com. a Board "" Coonlv .!III..... .t thi, ..lIi... "U SEVEII- Commissioners will ... . roconI of.... prICII.. 'II EffECTIVE Orange Count v, Florida . tln,V.........-.tIIit...". r: OLS728607'MA Y 22 llldo, '::.;~ 'I..~.r:..':t.,,~: el cole .or "'~ 4EREIY GIVfH TIW' ..,lI..., .n' ..Id.... 'p.. ~~. :,rJ;&J ~~ ~~~ti~G:;;i::U~~~.R;; ~ -0020-00- NANCE TO THE WINTER 4D1-1l&-3l1lao t:'hJ'::. cr~ I, SPRINGS CODE OF OROI. ~ dip pliar to Iht "'riai NANCES. for ..._ $I .'" ~i n;:~rr~ OIlDlNNICE ..:. """ .....1.1 HI. It 10, .. respecl AN ORDINANCE OF THE !t:,tri....f..on ....pKIdIHi .. lions. CITY COMMISS.ION OF ..... ,,,..... lit". .. 411_ I THE CITY OF WINTER 3I1l. \e,flle,'n. SPRINGS. FLORIDA, Marlha 0 Harnle I. ego de- AMENDING SECTION U4 Coonlv Cam'Pfraller "s 'T~:~~g e~T~~f6TXc~~~~o~~ Clerk of the Board of ,.-nmunltv BUILDINGS TO ADDRESS DracounlV Commissioners par/ment. AN~ REGULATE PRI- nge County, Florida ~rilr,:; ~Ggs' Op\1~f8~~8 ~tR OLS726S97 I. and 5:00 THE REPEAL F PRIOR ,rohough Frl- INCONSISTENT ORDI- NnV AD PlACEMENT lldavs. NANCES,AND RESOLU. 1-100-669-5757 avo .ds o on lice 10 olher dates and limes, lnd It deems necessary. Any I aw ~,~t~rJ:l Ja~. 'lfn:s, ~F. and places of anv continua. HE lion of lhese or canllnued g~ ~~~~ehrJ~~Y~i~~~ \"~~: OF Ings and that no furlher no- ~.F l~~~s ,:~~d~I~~. "?~~ Ihe are advised that anv person ans who desires 10 appeal any nds decision mode durin; fhe ate public hearin.s will need a 'ith record 01 the proceedin;s 3 and lor fhis purpose mav H E need 10 ensure lhal a verba- oS T tlm record of lhe proceed- :U Sings is made which. Includes lhe leslimonv and evidence SO upon which Ihe appeal Is HE based. Persons with disabil- E T llies needing assistance 10 %~ ~~~~~I~ ~~o~rl ~f~~' BE fhe City ~Ierk's Of lice 48 hours In advance 01 Ihe HE meeting at 1<407) 9OS-3105. ET NY Belh Elkenberrv, ~J Cltv Clerk ITE OLS723948 . J. lion m, :her rive ~812 ~ 'IoJI ti.J ,t--..... ORDINANCE N0.2008-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-190 OF THE CITY CODE RELATED TO FENCE HEIGHT LIMITATIONS; 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, certain zoning districts in the City provide horses, ponies or commercial riding stables as permitted uses subject to certain conditions; and WHEREAS, section 6-190 of the City Code currently limits fences located in front of building setbacks to no more than four (4) feet in height; and WHEREAS, the City Commission desires to increase the height limitation on said fences in those zoning districts which permit keeping horses or ponies, or permit commercial riding stables; 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, Building and Building Regulations, is hereby amended as follows (underlined type indicates additions and striitc~o~tt 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): City of Winter Springs Resolution No. 2008-06 Page 1 of 3 CHAPTER 6. BUILDING AND BUILDING REGULATIONS *** ARTICLE VIII. FENCES, WALLS, HEDGES *~* Sec. 6-190. Height limitations generally. All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: ~ If front of the front building line, no more than four (4) feet in height; If to the rear of the front building line, provided the provisions of section 6-191 are met for corner lots, no more than eight (8) feet in height; ~c,~ Fences no more than four feet six inches (4'6" in hei hg t ma}_be,permitted on a case- bv-case basis by the city manager to be located in front ofthe building line in zoning districts which provide for horses and ponies or commercial riding stables as permitted uses. Any fence approved b ty he cit~nager under this subsection shall be constructed using non- opaaue material. **~ Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe 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 City of Winter Springs Resolution No. 2008-06 Page 2 of 3 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 re~.tlar meeting assembled on the 9th day of June , 208. - ATT A LORENZO-LUACES Ci Clerk ~~ JO .BUSH, lVt`ayor .. ,. APPROVED AS TO LEGAL FORM AND SUFFICIENCY F ITY OF WINTER SPRINGS ONLY. ~~. ANTHO A. GARGANESE City Attorney First Reading: April 14, 2008 Second Reading: June 9 , 2008 Effective Date: See Section 6. City of Winter Springs Resolution No. 2008-06 Page 3 of 3