HomeMy WebLinkAbout2007 06 25 Public Hearing 507 Ordinance Number 2007-20
CITY COMMISSION
June 25, 2007
Meeting
Consent
Informational
Public Hearin
Re ular
fV /~
Mgr.lDept.
x
ITEM 507
REQUEST:
The Community Development Department - Planning Division requests that the City Commission
hold a Public Hearing for First Reading of Ordinance 2007-20 which revises the "R-3 Multi-family"
zoning district's conditional uses to include day nurseries, kindergartens and day care.
PURPOSE:
To change the list of conditional uses in the R-3 zoning district to include day nurseries,
kindergartens and day care.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041(3)(c). Florida Statutes.
Winter Sprin2s Charter Section 4.15 Ordinances in General.
Winter Sprin2s Section 20-57. The planning and zoning board shall serve... to recommend to the
city commission the boundaries of the various original zoning districts... and any amendments
thereto... act on measures affecting the present and future movement of traffic, the segregation of
residential and business districts and the convenience and safety of persons and property in any way
dependent on city planning and zoning.
CHRONOLOGY:
Nov. 29, 1971- R-3 Multi-family Zoning District implemented.
March 26,200 I-Future Land Use of properties along Moss Road (including Excelsior Parkway) was
changed from Commercial to Medium Density Residential by Ordinance 2001-24.
March 26, 200 I-Properties along Moss Road (including Excelsior Parkway) were rezoned from "C-l
Neighborhood Commercial" to "R-3 Multi-Family" by Ordinance 2001-25.
May 24,2007- Public Noticing in Orlando Sentinel ofLPA Public Hearing
June 6, 2007- Local Planning Agency heard the request to include day nurseries, kindergartens and
day care as permitted uses and made recommendation of Adoption to the Commission.
June 25, 2007
COMMISSION PUBLIC HEARING AGENDA ITEM 507
CONSIDERATIONS:
· The "R-3 Multiple-Family Dwelling" zoning district is predominantly for multi-family
structures such as apartments, townhouses, or patio homes.
· General office uses are also permitted. Currently, there are three (3) two-story office
buildings within the "R-3 Multi-family Dwelling" zoning district which are located on
Excelsior Parkway. The other five (5) lots along Excelsior Parkway are undeveloped.
· This area was rezoned to "R-3 Multi-family Dwelling" Residential as part ofthe Moss Cove
Redevelopment. Previously, it was zoned "C-l Neighborhood Commercial".
· Staff reviewed the intent ofthe zoning district as described in Section 20-206, to determine if
a change would be compatible with the intent of the district.
· Staff determined that the inclusion of day nurseries, kindergartens and day cares is consistent
and compliments the permitted and conditional uses existing in the R-3 zoning district.
FINDINGS:
· The request is in conformance with the purpose and intent of the "R-3 Multi-family
Dwelling" zoning district.
· The proposed amendment has a positive impact on the redevelopment of adjacent properties
and the future improvement of adjacent vacant properties.
· In order to receive a conditional use permit, a day nursery, kindergarten and/or day care
would make application and be subject to the City's review for compliance with the
conditional use criteria identified in the code.
LOCAL PLANNING AGENCY RECOMMENTDATION:
Local Planning Agency heard the request to include day nurseries, kindergartens and day care as
permitted uses and made recommendation of Adoption of Ordinance 2007-20 to the City
Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2007-20 which revises the "R-3 Multi-family" zoning district's conditional uses to include day
nurseries, kindergartens and day care and move the Ordinance to Second Reading.
IMPLEMENTATION SCHEDULE:
June 14,2007- Public Noticing in Orlando Sentinel for 151 Reading (7 days prior)
June 25,2007- City Commission First Reading of Ordinance 2007-20
July 1,2007- Public Noticing in Orlando Sentinel for 2nd Reading (5 days prior)
July 9,2007- City Commission Second Reading /Adoption of Ordinance 2007-20
ATTACHMENTS:
A. Noticing in Orlando Sentinel
B. Local Planning Agency Minutes
C. Existing "R-3 Multi-family Dwelling" Zoning District (for reference)
D. Ordinance 2007-20
COMMISSION ACTION:
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NOTICE OF
ZONING CODe CHANGES
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS
PROPOS!=S TO ADOPT:
ORDINANCE NO. 2007-17
AN ORDINANCE OF THE CITY COMMISSION OFTHE CITY OF WINTER~PRINGS, SEMINOLE
COUNTY, FLORIDA, AMENDING CHAPTER 20, ZONING, OF THE 'COOE OF ORDINANCES;
.. ESTABLISHI~G A NEW ZONING DISTRICT RELATING TO PUBLIC FACILITIES; ESTABLISHING
AN iNTENT AND PURPOSE, ESTABLISHING PERMITTED AND CONDItiONAL USES, ESTAB-
L1SHINO BULK REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2007-20
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES; CHANGING THE LIST
OF PEFlMrrTED USES IN THE' R-3 MULTIPLE-FAMILY DWELUNG ZONING DISTRICT TO
INCLUDE DAy NURSERIES, KINDERGARTENS AND DAY CARE; PROVIDING FOR. T{iE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY AND AN~fFEC"jWI;: DATE.
..
I
ORDINANCE NO. 2007-21
,. .
AN ORDINANCE OF THE CITY COMMISSION.OF WINTER SPRINGS, FLORIDA, ADOPTING
MINIMUM COMMUNITY APPEARANCE ANt> AESTHETIC REVIEW STANDARDS FOR INDIVID-
UAL SINGLE FAMILY RESIDENCES; ADOPTING A NEW SECTION 9-607 OF THE CITY CODE;
ADOPTING CONFORMING AND RELATED AMENDME:NTS TO THE CITY CODE; PROVIDING
FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLutiONS,
INCORPORATION INTO THE CODE, AND AN EFFEctiVE QATE. .
PUBLl~",;:leARIN~.
FOR F.frjT'I'l~ING
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IN THE COMMISSION CHAMBERS LOCAtED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRIN~;.FLQRlDA
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The proposed ordinances may be obtained by Interested parties between 8 a.m. and'5 p.m., Monday
tbroljQtl FFiday, at the City's Clerk's Office, located lit 1126 E. SR 434, Winter Springs, Florida. For
more information, call (407) 327-1'800 #227. Persons with disabilities needing assistance to partici-
pate in any of these proceedings shCluld contacttt\il EmplOyee RelaliQ11s[)ePBrtmentC90rdlr:1~tor;
48 hours in advance 0/ the meotlng at (407) 327-1800, #236. These'areplJbllc hearings. intere~f&d_,:
parties are"adv'sed ihatthey may appear atthil nieetlng and ba hear~:f\ll~ respect to thllproJ)Osed
ordinances. If you decide to appeal any recommendation or decisIon: madil-bY ttie' CltYCQm,m~,lon
with respect to any matter considered at this meeting, you will need a, reeordof.the;pr0geed]ngi" '
and for slch purposes, you may need to ensure that a verbatim record of the pfoceeCllngs Ii! made
upon W~icMhe appeal Is based. -
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ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 6, 2007
PAGE 3 OF 7
Next, Ms. Sahlstrom said, "We need to evaluate these others and if it is a city owned
facility, it will be much easier to rezone it. We will need to have a conversation with the
School Board and see if they would be supportive of having the schools rezoned into this
District."
Vice Chairperson Tillis opened the "Public Input" portion of the Agenda Item.
No one spoke.
Vice Chairperson Tillis closed the "Public Input" portion of the Agenda Item.
"I WAS JUST GOING TO MAKE A MOTION TO APPROVE AS WRITTEN."
MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY
ADVISORY BOARD MEMBER KARR. DISCUSSION.
VOTE:
BOARD MEMBER BROWN : AYE
BOARD MEMBER KARR: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER RYSER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department - Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing Related To Ordinance Number 2007-20 Which Revises The "R-3 Multi-
Family" Zoning District's Permitted Uses To Include Day Nurseries, Kindergartens
And Day Care.
Ms. Sahlstrom introduced this Agenda Item and said, "We believe that that is a very
appropriate Use within a Multi-Family District and we think that additional facilities
would be good to have in our City as well."
Further discussion ensued.
Vice Chairperson Tillis opened the "Public Input" portion of the Agenda Item.
No one spoke.
Vice Chairperson Tillis closed the "Public Input" portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 6, 2007
PAGE 4 OF 7
"I MAKE THE MOTION THAT THE PLANNING AND ZONING BOARDILP A
(LOCAL PLANNING AGENCY), AS A RESULT OF THIS PUBLIC HEARING
RELATING TO ORDINANCE (NUMBER) 2007-20, RECOMMEND APPROVAL
TO THE CITY COMMISSION REGARDING AMENDING THE LANGUAGE IN
THE 'R-3' ZONING DISTRICT." MOTION BY ADVISORY BOARD MEMBER
KARR. SECONDED BY ADVISORY BOARD MEMBER BROWN.
DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department - Planning Division
Requests The Planning And Zoning BoardlLocal Planning Agency Hold A Public
Hearing Related To Ordinance Number 2007-21 Which Revises The "Minimum
Community Appearance And Aesthetic Review Standards" Of The City Code To
Include Residential Compatibility And Harmony Regulations.
Mr. Randy Stevenson, ASLA, Director, Community Development Department presented
this Agenda Item.
Discussion.
Tape I/Side B
Vice Chairperson Tillis opened the "Public Input" portion of the Agenda Item.
Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: as Chairman for the
Board Of Adjustment, Mr. Waters spoke of accessory buildings; setbacks; roof types; and
permits for a garage addition.
Vice Chairperson Tillis closed the "Public Input" portion of the Agenda Item.
ATTACHMENT C
CITY OF WINTER SPRINGS
"R-3" Multiple Familv Dwellina District
(Revised March 28, 2005)
Sec. 20-206. Designation.
The lands included within the R-3 Multiple-Family Dwelling Districts shall be developed predominantly as
apartments, townhouses, patio homes or other multiple-family dwelling structures.
Sec. 20-207. Uses permitted.
Within any R-3 Multiple-Family Dwelling District, no building, structure, land or water shall be used except
for the following uses:
(1) Any uses permitted in R-1AAA, R-1AA, R-1A, or R-1.
(2) Apartments, townhouses, patio homes or other multiple-family dwelling structures.
(3) Boarding and/or lodging homes.
(4) Guest and tourist homes.
(5) General office including: medical, dental, legal, architecture/engineering, real estate, financial,
information technology, and administrative headquarters, or similar use, however, under no circumstances
will any type of office use incompatible with residential, schools, parks or public buildings be permitted.
Signage shall be limited to building-mounted identification signage. No outside storage or fleet and
dispatch yards are permitted; however, governmental vehicles are exempted.
Sec. 20-208. Conditional uses.
(a) Conditional uses allowed within R-1AAA, R-1AA, R-1A and R-1 Single-Family Dwelling Districts.
(b) Multi-use projects that include a vertical mix of uses designed along the principles of the Town Center.
Such projects shall be exempted from Sec. 20-209. Building height regulations; and Sec. 20-211.
Front, rear and side yard regulations.
Sec. 20-209. Building height regulations.
In R-3 Multiple-Family Dwelling Districts, building heights shall not be higher than forty-five (45) feet.
Sec. 20-210. Building area regulations.
The multiple-family dwelling structures included within the R-3 zoning classification shall not consist of
more than sixteen (16) units per acre.
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.
Sec. 20-212. Lot coverage.
Seventy-five (75) percent of the lot area is the maximum which may be covered by the principal and
accessory buildings or structures located within the R-3 Multiple-Family Dwelling Districts.
Sec. 20-213. Off-street parking regulations.
All parking within the R-3 Multiple-Family Dwelling District shall be provided in an off-street parking lot,
which shall accommodate at least two (2) parking spaces for each unit located within the multiple-family
dwelling structure.
Secs. 20-214--20-230. Reserved.
ATTACHMENT D
ORDINANCE NO. 2007-20
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES;
CHANGING THE LIST OF PERMITTED USES IN THE R-3
MULTIPLE-FAMILY DWELLING ZONING DISTRICT TO
INCLUDE DAY NURSERIES, KINDERGARTENS AND DAY
CARE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORA TIONINTO 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, the R-3 Multiple-Family Dwelling District currently includes as permitted uses
residential dwellings and various commercial uses; and
WHEREAS, the City Commission believes that permitting day nurseries, kindergartens and
day cares as a conditional use in the R-3 Zoning District is consistent with and will compliment the
existing R-3 Zoning District uses; 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 ofthe 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 20, Zoning, is
hereby amended as follows (underlined type indicates additions and Mtlkcout type indicates
deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter
20. It is intended that the text in Chapter 20 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
Ordinance No. 2007-20
Page 1 of3
CHAPTER 20. ZONING
***
ARTICLE III. ESTABLISHMENT OF DISTRICTS
***
DIVISION 6. R-3 MUL TIPLE-F AMIL Y DWELLING DISTRICTS
***
Sec. 20-208. Conditional uses.
***
ifl Day nurseries, kindergartens and day cares.
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.
City of Winter Springs
Ordinance No. 2007-20
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 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
First Reading:
Second Reading:
Effective Date of Ordinance:
City of Winter Springs
Ordinance No. 2007-20
Page 3 of 3