Loading...
HomeMy WebLinkAbout2007 04 23 Regular 604 Ordinance 2007-19 Extending Sunset Provision COMMISSION AGENDA April 23, 2007. Regular Meeting CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X MG~ DEPT. ITEM 604 REQUEST: The Community Development Department requests the City Commission adopt Ordinance 2007-19 extending the sunset provision set forth in Ordinance 2006-08 as amended by Ordinance 2006-22, for an additional three (3) months. PURPOSE: The purpose of this agenda item is to request the Commission adopt Ordinance 2007- 19 extending the sunset provision of Ordinance 2006-08 for three (3) months, allowing Staff to finalize a permanent text amendment to the City's Code of Ordinances detailing the compatibility review process and standards. Ordinance 2006-08 establishes interim regulations requiring that additions, modifications, and expansions of buildings and structures in residential areas be compatible and in harmony with existing buildings and structures and the surrounding neighborhood. APPLICABLE REGULATIONS: Florida Municipal Home Rule Powers Act CONSIDERATIONS: Ordinance 2006-22 extended the sunset provision set forth in Ordinance 2006-08 for six (6) months. This extension expires on May 13,2007. City staff is in the process of drafting a series of text amendments to the City's Code of Ordinances that will put in place permanent regulations governing the review of additions, modifications, and expansions of buildings and structures in residential areas to determine if the proposed construction is compatible and in harmony with the existing buildings and the surrounding neighborhood. These amendments will be finalized in the near future and brought before the Local Planning Agency and the City Commission for final approval and adoption. RECOMMENDATION: Staff recommends the City Commission approve Ordinance 2007-19 ATTACHMENTS: A. Ordinance 2006-08 B. Ordinance 2006-22 C. Ordinance 2007-19 CITY COMMISSION ACTION: ATTACHMENT A ORDINANCE NO. 2006-08 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PRESERVING AND PROTECTING EXISTING RESIDENTIAL PROPERTIES FROM ADDITIONS, MODIFICATIONS, AND EXPANSIONS OF STRUCTURES AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN HARMONY WITH EXISTING BUILDINGS AND STRUCTURES AND THE SURROUNDING NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING ORDINANCES DURING THE TERM OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND A SIX (6) MONTH SUNSET PROVISION. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to adopt emergency ordinances by two-thirds vote; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cat. 1925); and WHEREAS, through the years, numerous deed restricted residential communities have been permitted and developed within the City of Winter Springs; and WHEREAS, it is apparent from reading the various deed restrictions recorded in the public records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the character of the residential communities by prohibiting uses and structures that are incompatible with residential areas; and WHEREAS, over the years, the City has relied on these private deed restrictions to provide homeowners with regulatory protection that preserves the character and harmony of residential areas; and City of Winter Springs Ordinance No. 2006-08 Page 1 WHEREAS, because of this reliance, the City has not historically had reason to impose numerous other legislative land use restrictions on existing residential communities within the City, especially in older existing subdivisions that are designated Planned Unit Development like Tuscawilla and Oak Forest; and WHEREAS, in particular and by way of example of this reliance, the City Commission has previously exempted existing single family residences from the Minimum Community and Aesthetic Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because of the existence of the private deed restrictions; and WHEREAS, it has come to the attention of the City Commission that some of the older deed restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their deed restrictions to expire under the Florida Market Record Title Act; and WHEREAS, the expiration of the private restrictions have left some residential communities without any significant regulatory mechanism to protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family residences; and WHEREAS, as a result, the expired private restrictions have potentially exposed some residential communities to buildings and structures that are incompatible to existing single family neighborhoods and such incompatible buildings and structures may have an adverse impact on the quality of residential areas and upon property values; and WHEREAS, on April 10, 2006, having considered the possible wide ranging negative impact of the expired private deed restrictions on the residential character of some areas within the City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an ordinance which will establish a comprehensive regulatory scheme that will require all additions, modifications, and expansions of structures within residential areas to be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character thereof; and WHEREAS, the new ordinance will also likely preclude garages that are not constructed in a manner that is compatible with typical residential construction techniques including, but not limited to, size, materials, and height; and WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City Commission will take additional time and public hearings before adoption; and WHEREAS, in the interim, the City Commission hereby deems that the expiration of some of the private deed restrictions poses a serious risk to the residential character of the community and City of Winter Springs Ordinance No. 2006-08 Page 2 therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate action by the City Commission to safeguard residential communities; and WHEREAS, the City Commission hereby finds that the preservation of residential communities serves a substantial governmental interest; and WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions of structures within residential areas, the City Commission hereby finds that interim regulations must be enacted by the City Commission until such time that a comprehensive regulatory scheme can be completed to protect the residential communities within the City of Winter Springs; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests 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. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Interim Residential Compatibility and Harmony Regulations. (A) It is the intent of these interim regulations to promote and protect existing residential developments by prohibiting additions, modifications, and expansions of structures and buildings that are incompatible and not in harmony with the subject property and with the surrounding neighborhood. These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments. (B) Before any building permit is issued for the addition, modification, and expansion of any building or structure on a residential lot, the city manager or his designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that significantly enhances the established residential character of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria City of Winter Springs Ordinance No. 2006-08 Page 3 stated above and commonly accepted architectural principles of the local community. (C) If the city manager or his designee determines that the addition, modification, and expansion is not compatible and in harmony, the building permit application shall be denied on that basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal shall be filed with the city manager in writing within five (5) calendar days of the denial. Upon review of the appeal, the city commission shall render a final decision on the issue of residential compatibility and harmony. All decisions of the city commission shall be considered final and shall be subject to appeal to a court of competent jurisdiction pursuant to law. (D) These regulations are supplemental and in addition to all other applicable provisions of the City Code. To the extent that these regulations conflict with any other provision of the City Code, these regulations shall prevail and apply. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. Section S. Sunset Provision. This Ordinance shall sunset six (6) months after the effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this Ordinance shall be automatically repealed and shall no longer be in effect. {Adoption Page Follows} City of Winter Springs Ordinance No. 2006-08 Page 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of May ,2006. ti~ ATTEST: Approved as to legal form and sufficiency for the Ci "nter Springs only: ONY A. GARGANESE, City Attorney Effective Date: See Section 4. City of Winter Springs Ordinance No. 2006-08 Page 5 ATTACHMENT B ~f"""~"" ORDINANCE NO. 2006-22 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA EXTENDING THE SUNSET PROVISION SET FORTH IN ORDINANCE 2006-08 FOR AN ADDITIONAL SIX (6) MONTHS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Emergency Ordinance 2006-08 which is due to expire before the next regular scheduled meeting; and WHEREAS, the City Commission desires to extend the sunset provision set forth in Ordinance 2006-08; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is 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. Extension of Sunset Provision. The sunset provision set forth in Section 5 of Ordinance 2006-08 is hereby extended an additional six (6) months. Section 2. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and as provided by City Charter. [Adoption Page Follows) City of Winter Springs Ordinance 2006-22 Page 1 of2 ADOPTED by the City Commission of the City of Winter Springs, Florida, this 13th day of November, 2006. ATTEST: Approved as to legal form and sufficiency for the Ci 0 inter Springs only: ONY A. GARGANESE, City Attorney City of Winter Springs Ordinance 2006-22 Page 2 of2 ATTACHMENT C ORDINANCE NO. 2007-19 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA EXTENDING THE SUNSET PROVISION SET FORTH IN ORDINANCE 2006-08, AS AMENDED BY ORDINANCE 2006-22, FOR AN ADDITIONAL THREE (3) MONTHS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Emergency Ordinance 2006-08, as amended by Ordinance 2006-22, which is due to expire before the City Commission can consider more permanent regulations; and WHEREAS, the City Commission desires to extend the sunset provision set forth in Ordinance 2006-08, as amended by Ordinance 2006-22; and WHEREAS, the City Commission of Winter Springs also fmds that this Ordinance is 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. Extension of Sunset Provision. The sunset provision set forth in Section 5 of Ordinance 2006-08, as amended by Ordinance 2006-22, is hereby extended an additional three (3) months. Section 2. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and as provided by City Charter. [Adoption Page Follows] City of Winter Springs Ordinance 2007-19 Page 1 of2 ~,. ADOPTED by the City Commission of the City of Winter Springs, Florida, this 23rd day of April, 2007. 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 City of Winter Springs Ordinance 2007-19 Page 2 of2 ..=:0--, . ... ORDINANCE NO. 2007-19 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA EXTENDING THE SUNSET PROVISION SET FORTH IN ORDINANCE 2006-08, AS AMENDED BY ORDINANCE 2006-22, FOR AN ADDITIONAL THREE (3) MONTHS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Emergency Ordinance 2006-08, as amended by Ordinance 2006-22, which is due to expire before the City Commission can consider more permanent regulations; and WHEREAS, the City Commission desires to extend the sunset provision set forth in Ordinance 2006-08, as amended by Ordinance 2006-22; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is 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. Extension of Sunset Provision. The sunset provision set forth in Section 5 of Ordinance 2006-08, as amended by Ordinance 2006-22, is hereby extended an additional three (3) months. Section 2. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and as provided by City Charter. [Adoption Page Follows] City of Winter Springs Ordinance 2007-19 Page 10f2 . ADOPTED by the City Commission of the City of Winter Springs, Florida, this 23rd day of April, 2007. ~i&J ATTEST: to legal form and sufficiency for inter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Ordinance 2007-19 Page 2 of2