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Home My WebLink About2007 07 09 Public Hearing 500 Ordinance 2007-20 CITY COMMISSION July 9,2007 Meeting Consent Informational Public Hearin Re ular f2- / Mgr.lDept. x ITEM 500 REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing for Second Reading/Adoption 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, 2001-Future Land Use of properties along Moss Road (including Excelsior Parkway) was changed from Commercial to Medium Density Residential by Ordinance 2001-24. March 26,2001- Properties along Moss Road (including Excelsior Parkway) were rezoned from "C- 1 Neighborhood Commercial" to "R-3 Multi-Family" by Ordinance 2001-25. Public Noticing in Orlando Sentinel ofLPA Public Hearing Local Planning Agency heard the request and made recommendation of Adoption May 24,2007- June 6, 2007- July 9, 2007 COMMISSION PUBLIC HEARING AGENDA ITEM 500 to the Commission. June 14,2007- Public Noticing in Orlando Sentinel for 1 sl Reading (7 days prior) June 25, 2007- City Commission First Reading of Ordinance 2007-20 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 of the 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 uses allowed under the "R-3" zoning district. · "Day nurseries, kindergartens and day cares" does not include "family day care homes", because Florida statutes regulates where "family day care homes" can be located. 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. LOCAL PLANNING AGENCY RECOMMENTDATION: The Local Planning agency held a Public Hearing related to Ordinance 2007-20, and made unanimous recommendation of Adoption of Ordinance 2007-20 to the City Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading! Adoption of Ordinance 2007-20 which revises the "R-3 Multi-family" zoning district's conditional uses to include day nurseries, kindergartens and day care. IMPLEMENTATION SCHEDULE: July 5,2007- 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 (July 5 Ad not included herein) B. Local Planning Agency Minutes C. Existing "R-3 Multi-family Dwelling" Zoning District (for reference) D. Ordinance 2007-20 COMMISSION ACTION: --ATTACHMENT A ~ '-( ... .... ~ " QI Jl . 8 ~ a. V R T . . , . 'H'THe .'!.il', ',t.CQURT ~~&~"p"R . .r~n,;: . V~' . Flk 0., .2007 P-oot04O IN AE: ESTATE OF DURANCE C3L.AS,ER. DICHMCI VI. . f':r,,,On.:' NOTICE TO CREDITOR5 z:;:ff~~~~F F~~=~. ~o~~ ~J.T:.r 0 Th. ..mlnj."tr.r. af !Ill r~ Oeln... r,.,iJJllifAl-!' ~,. If YO~ or. &'~l'lPEa. 4.:.~~.l lteJuM"~ non.r.sIJenii v ~'ri~,a red. ca' . ~hCl'. d43t~. tn wos ownln. r.rOP.rtv Of' .u~t 0 5JSI92.MAY 24:11 ~r', totClJl'otontflet.ln .or ......& _ 'H THe r'H~~J~~'C'~~ 001.....'.. ~L'I,ly6., .'ii'.v CQUN. ., /" , .1 NOTICE OF ZONING CODE CHANGES CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSe:S TO ADOPT: ORDINANCE ,NO. 2007-17 , ' ' I AN ORDINANCE OF THE CITY COMMISSION OFTHE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING CHAPTER 20, ZONING, OF THE 'CODE OF ORDINANCES; , ESTABLISHI~G A NEW ZONING DISTRICT RELATING TO PUBLIC FACILITIES; ESTABLISHING AN iNTENT AND PURPOSE. ESTABLISHING PERMITTED AND CONDItiONAL USES, ESTAB- LISHIN<S 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 PERMrrfED 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; INCORPcRA'nbN INTO THE CODE; SEVERABILITY AND ANEFF~C'tIVE DATE. ~, ' , I ORDINAN~ENO.'2007-21 j. .. AN ORDINANCE OF THE CITY COMMISSION ,OF WINTER SPRINGS, FLORID)', 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 AMENDMENTS TO THE CITY CODE: PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS. INCORPORATION INTO THE CODE. AND ANEFFEcT'lVE DATE. ' pUBLlc.J;:IeA~JNG, FOR FIRtT',1'lE:40ING WILt".'HELO ON .......,~.. '.. '.... ".,""., '.'. MONDA";:_::~~, ~d01 AT 5":t.5P~M.". . f~;~'\;i:!;" I. ", - , OR sod~;rHeREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRIN!lS;.FLORlDA , . / The proposed ordinances may be obtained by Interested parties between 8 a.m. anct5 p.m" MQnday tbro\jQtl F~day, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs. Florida, For more information, call (407) 327.1'800 #227. Parsons with disabilities needing ,assistance to partici- pate In any of thesa proceedings shCluld contacttl'lilEmpleyee Relal~sDeP,artmentCpordlr;1~tor; 48 hours In advance 0/ the meotlng at (407) 327.1800, #236. These'arepiJOllp hearings. itlterest'$i:l,: parties are"advis'ed ihat they may appear at the meeting and be hear~Wrt/1 resp!i9t to th$p[oposed ',' ordinances. If you decide to appeal any recommendation or decision, rnadii by tti'e C1tyCQmm~lon' with respect to any matter considered at this meeting, you will need a, record of. thBiprO~elldlngi" ' and for Slch purposes, you may need to ensure that a verbatim record of tti, iiroceeclings 1, mad,e upon W~lch;the appeal Is based. ' ~. .\ 't, "', - - ! i I ,H2 Orlando Senti, E . ' L T~bo"l~~'1:INt14,2007 , ASSOCIAT~D PRESS , Mark Tlacnac w,~.l' da Southem College in Lakeland. Th.evr- . ! 'WCUE E 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 wel1." 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 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. 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 ACTUAL LIST PERMITTED, CONDITIONAL, OR PROHIBITED USES IN THE R-3 MULTIPLE-FAMILY DWELLING ZONING DISTRICT TO ADDRESS DAY NURSERIES, KINDERGARTENS AND DAY CARES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORA TION 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 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 strikwut 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 of 3 CHAPTER 20. ZONING *** ARTICLE III. ESTABLISHMENT OF DISTRICTS *** DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS *** Sec. 20-208. Conditional uses. *** if} Day nurseries. kindergartens and day cares. For purposes of this subsection. "day nurseries. kindergartens and day cares" shall not include "family day care homes" as defined by Florida law. 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 S. 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 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 ACTUAL LIST PERMITTED, CONDITIONAL, OR PROHIBITED USES IN THE R-3 MULTIPLE-FAMILY DWELLING ZONING DISTRICT TO ADDRESS DAY NURSERIES, KINDERGARTENS AND DAY CARES; 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 9 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 ofthe City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests ofthe 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 strikeout 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 MULTIPLE-FAMILY DWELLING DISTRICTS *** Sec. 20-208. Conditional uses. *** ~ Day nurseries. kindergartens and day cares. For purposes of this subsection. "day nurseries. kindergartens and day cares" shall not include "family day care homes" as defined by Florida law. 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 of3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a t:egular meeting assembled on the 9th day of July, 2007. ~ (\I)Lj" YV\~~ ~ ~ A LORENZO-LUACES Clerk S TO LEGAL FORM AND SUFFICIENCY Y OF WINTER SPRINGS ONLY. First Reading: June 25, 2007 Second Reading: July 9,2007 Effective Date of Ordinance: July 9,2007 City of Winter Springs Ordinance No. 2007-20 Page 3 of3