HomeMy WebLinkAbout2007 06 25 Public Hearing 508 Ordinance Number 2007-21
COMMISSION AGENDA
June 25, 2007
Meeting
Consent
Informational
Public Hearin X
Re ular
r~
Mgr. / eJ't.
ITEM 508
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold
a Public Hearing for First Reading of Ordinance 2007 -21 which revises the "Minimum Community
Appearance and Aesthetic Review Standards" ofthe City Code to include Residential Compatibility
and Harmony Regulations.
PURPOSE:
To add appropriate text to the Code of Ordinances that will facilitate the review of residential
additions, modifications, and expansions for compatibility with the existing structures and the
surrounding neighborhood.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041(3)(c). Florida Statutes.
Winter Sprin2;s Charter Section 4.15 Ordinances in General.
Winter Sprin2;s 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:
May 22, 2006 - City Commission passed Emergency Ordinance 2006-08 establishing a
compatibility review for residential additions, modifications, and expansions.
November 13, 2006 - City Commission approved Ordinance 2006-22 extending the sunset
provision set forth in Ordinance 2006-08 for an additional six months.
April 23, 2007 - City Commission approved Ordinance 2007-19 further extending the sunset
provision set forth in Ordinance 2006-08, as amended by Ordinance 2006-22, for an additional
three months.
June 25, 2007
COMMISSION PUBLIC HEARING AGENDA ITEM 508
CONSIDERATIONS:
Numerous deed restricted communities have been permitted and developed within the City of
Winter Springs. These deed restrictions were intended, in part, to protect the character of the
residential communities by prohibiting uses and structures that are incompatible with the residential
areas.
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. Because ofthis
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 Developments. Because of this reliance, the City has
previously exempted single family residences from the Minimum Community and Aesthetic
Review Standards set forth in sections 9-600et. Seq., Winter Springs Code.
Recently, some of the older deed restricted communities have inadvertently allowed their deed
restrictions to expire under the Florida Market Record Title Act. The expiration of these
restrictions has left some residential communities without any significant regulatory mechanism to
protect and preserve the residential character of these communities, especially with respect to
additions, modifications, and expansions of existing single family residences. 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.
The City Commission, having considered the possible wide ranging negative impact ofthe expired
private deed restrictions on the residential character of some areas within the City of Winter
Springs, directed the City Attorney and City Staff to draft an ordinance that would establish a
comprehensive regulatory methodology 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 of that neighborhood.
FINDINGS:
. The request is in conformance with the directive from the City Commission to establish a
compatibility review process.
· This process is necessary to preserve the residential character of some residential
neighborhoods in the City that have allowed their private deed restrictions to expire as well
as others neighborhoods that have no deed restrictions.
PLANNING & ZONING BOARD/LPA RECOMMENDATION:
At the June 6, 2007 regular meeting of the Planning & Zoning Board/LP A, the Board made
unanimous recommendation of City Commission adoption of Ordinance 2007-21.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance
2007-21, amending the text of the Minimum Community Appearance and Aesthetic Review
Standards section (9-600 through 9-606) of the City Code and adding section 9-607, Residential
Compatibility and Harmony Regulations, to the Code of Ordinances.
June 25, 2007
COMMISSION PUBLIC HEARING AGENDA ITEM 508
IMPLEMENTATION SCHEDULE:
June 14,2007- Public Noticing in Orlando Sentinel for 1 st Reading (7 days prior)
June 25, 2007- City Commission First Reading of Ordinance 2007-21
Julv L 2007- Public Noticing in Orlando Sentinel for 2nd Reading (5 days prior)
Julv 9, 2007- City Commission Second Reading IAdoption of Ordinance 2007-21
ATTACHMENTS:
A. Noticing in the Orlando Sentinel
B. Excerpt ofP&Z/LPA Minutes from June 6, 2007
C. Ordinance 2007-21
CITY COMMISSION ACTION:
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NOTICE OF
ZONING CODE CHANGES
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CliY 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 SPRINGS, SEMINOLE
COUNTY, FLORIDA, AMENDING CHAPTER 20, ZONING, OF THE 'CODE OF ORDINANCES;
" ESTABLlSHI~G A NEW ZONING DISTRICT, RELATING TO PUBLIC FACILITIES; ESTABLISHING
AN iNTENT AND PURPOSE. ESTABLISHING PERMITTED AND CONDItiONAL USES, ESTAB-
L1SHIN13 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 PEAMrrrED USES IN THE' R-3 MULTIPLE-FAMILY DWELLING ZONING DISTRICT TO
INCLUDE DAY NURSERIES, KINDERGARTENS AND DAY. CARE; PROVIDING FOR 1:HE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPOMTlbN
INTO THE CODE: SEVERABILITY AND AN,EFFECiwE DATE.
I ORDINANt~ NO. 2007-21.
AN ORDINANCE OF THE CITY COMMiSSION ,OF WINTER SPRINGS, FLORIDA, ADOPTING
MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW STANDARDS FOR INDIVID.
UAL SINGLE FAMILY RESIDENCES; ADOf'iTING A NEW SECTION 9-607 OF THE CITY CODE;
ADOPTING CONFORMING AND RELATED AMENDMENTS TO THE CITY CODE; PROVIDING
FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS.
INCORPORATION INTO THE CODE, AND ANEFFEc1WE QATE. '
PUBL1~)::IeAR'Nti
FOR FtA$T.~~[)ING
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OR SOON:iflEREAFTER
IN THE COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRI~!lS;FLO,R1DA
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The proposed ordinances may be obtained by Interested parties between 8 a.m, andS p.m., M(;mday
tbro~ F~day, at the City's Clerk's Office, located at 11~6 E. SR 434, Winter Springs, Florida. For
more information, call (407) 327-"800 #227. Persons with disabilities needinQ assistance to partici-
pate in any of these proceedings should contacttl'ie EmplOyee RelatiQn&DBlJartmentCqordil)~tor;
48 hours in advancE! 01 the meoting at (407) 327-1800, #236. The.s~-arepiJbl\c hearlrigs. il1terellt&d "
parties are-adv'sed that they may appear at the nieetlng and be hear9w(1tl respe91 toth$propolled
ordinances. If you decide to appeal any recommendation or decision, madit by the Cltj C()m,m~lan
with respect to any matter considered at this meeting, you will need a, reeordo( the ' prOce'lIdlngs. '
and for Slch purposes, you may need to ensure that a verbatim record of the proceeolngs 1$ niade
upon v,i~ich.,the 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
PAGE40F7
"I MAKE THE MOTION THAT THE PLANNING AND ZONING BOARDILPA
(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 l/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.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 6, 2007
PAGE 5 OF 7
"I WOULD LIKE TO MAKE A MOTION THAT THE PLANNING AND
ZONING BOARD[/LOCAL PLANNING AGENCY] APPROVE ORDINANCE
(NUMBER) 2007-21, WITH THE FINDINGS. I MAKE A RECOMMENDATION
FOR APPROVAL TO THE CITY COMMISSION REGARDING THE TEXT OF
THE MINIMUM COMMUNITY APPEARANCE AND THE AESTHETIC
REVIEW STANDARDS SECTION 9-600. THROUGH [SECTION] 9-606. OF THE
CITY CODE AND ADDING SECTION 9-607. 'RESIDENTIAL
COMPATABILITY AND HARMONY REGULATIONS' TO THE CODE OF
ORDINANCES." MOTION BY ADVISORY BOARD MEMBER BROWN.
SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Community Development Department
Requests The Planning And Zoning Board/Local Planning Agency Recommend
Adoption Of The Updated Official Future Land Use Map (FLUM) To The City
Commission.
Ms. Sahlstrom introduced this Agenda Item and said, "This Map will go forward to the
[City] Commission for a Consent Approval."
Ms. Sahlstrom said, "My intent is to bring both the Zoning [Map] and the Future Land
Use [Map] back in November for another update, so we get back onto an annual schedule
again. "
"I RECOMMEND THE ADOPTION OF THE UPDATED OFFICIAL FUTURE
LAND USE MAP (FLUM) TO THE CITY COMMISSION AS CIRCULATED."
MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY
ADVISORY BOARD MEMBER BROWN. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER BROWN : AYE
MOTION CARRIED.
ATTACHMENT C
ORDINANCE NO. 2007-21
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING
MINIMUM COMMUNITY APPEARANCE AND AESTHETIC
REVIEW STANDARDS FOR INDIVIDUAL SINGLE FAMILY
RESIDENCES; ADOPTING A NEW SECTION 9-607 OF THE
CITY CODE; ADOPTING CONFORMING AND RELATED
AMENDMENTS TO THE CITY CODE; 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, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 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
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 ofthe existence
City of Winter Springs
Ordinance No. 2007-21
Page 1 of 5
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, having considered the possible wide range negative impacts of expired private
deed restrictions on the residential character of some areas within the City of Winter Springs, the
City Commission adopted emergency Ordinance 2006-08 on May 22, 2006, establishing interim
regulations to be applied until the City Staff and City Attorney could prepare a comprehensive
regulatory scheme requiring all additions, modifications, and expansions of structures within
residential areas be aesthetically compatible and in harmony with the surrounding neighborhood and
with the residential character thereof; and
WHEREAS, the sunset provision set forth in Ordinance 2006-08 was extended by the City
Commission pursuant to the adoption of Ordinance 2006-22 on November 13,2006 and Ordinance
2007-19 on April 23, 2007; and
WHEREAS, over the course of the last year, City Staff has processed applications for
aesthetic review of single-family residences pursuant to the interim procedure set forth in emergency
ordinance 2006-08; and
WHEREAS, City Staff recommends permanently adopting said interim procedure as 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 ofthe 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:
City of Winter Springs
Ordinance No. 2007-21
Page 2 of 5
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 9, Land
Development, is hereby amended as follows (underlined type indicates additions and stlikcout type
indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in
Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance):
CHAPTER 9. LAND DEVELOPMENT
***
ARTICLE XII. MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW
STANDARDS
Sec. 9-600. Statement of findings and purpose.
***
(h) It is the intent and purpose of this article to apply to all new commercial, industrial,
institutional, multi-family, and residential subdivision development projects and major
alterations thereto. It is not intended to apply to individual single-family residences, except
as specified in section 9-607.
***
Sec. 9-607. Residential Compatibility and Harmony Re~ulations.
D!l It is the intent of this section 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 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.
M Before any building permit is issued for the addition, modification or expansion of
any building or structure on a residential lot, the city manager or designee shall consider and
review the plans and specifications to determine whether or not the proposed addition,
modification or expansion is compatible and in harmony with existing buildings and
structures on the subject property and with the surrounding neighborhood. Compatibility and
City of Winter Springs
Ordinance No. 2007-21
Page 3 of 5
harmony shall be determined based on a review of the setting, landscaping, proportions,
materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity of the
proposed addition, modification or expansion. Nothing herein shall be construed to prohibit
a proposed addition, modification or expansion that significantly enhances the established
character of other buildings and structures on the subiect property and within the surrounding
neighborhood in accordance with the review criteria stated above and commonly accepted
architectural principles of the local community.
(gl If the city manager or designee determines that the addition, modification or
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
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 subiect to appeal to a court of competent iurisdiction
pursuant to law.
@ 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. 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. 2007-21
Page 4 of 5
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. 2007-21
Page 5 of 5