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HomeMy WebLinkAbout2007 07 09 Public Hearing 501.1 Ordinance 2007-21 COMMISSION AGENDA July 9,2007 Meeting Consent Informational Public Hearin Re ular ~# Mgr. / pt. x ITEM 501.1 REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2007-21 which revises the "Minimum Community Appearance and Aesthetic Review Standards" of the 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 Sprines Charter Section 4.15 Ordinances in General. Winter Sprines 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. Nov. 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 14.2007- Public Noticing in Orlando Sentinel for 151 Reading (7 days prior) June 25.2007- City Commission First Reading of Ordinance 2007-21 July 9, 2007 COMMISSION PUBLIC HEARING AGENDA ITEM 501.1 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 of the 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 BOARDILP A 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 Second Reading! Adoption 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. July 9, 2007 COMMISSION PUBLIC HEARING AGENDA ITEM 501.1 IMPLEMENT A TION SCHEDULE: Julv 5, 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 (July 5, 2007 Ad not included herein) B. Excerpt ofP&Z/LPA Minutes from June 6, 2007 C. Ordinance 2007-21 CITY COMMISSION ACTION: -A TTACFlMENT A ~ .... .... ... t 'No,T'j.'i.{'~f.l'~~ j3ll~T It. CIAl i' F .\ TIIOMAI IE. WlIUJW;, 'luEa~'! ~~~ =t S :~C1O~O~lfl~r'''~~::i~~nG~ ? I:: c;1f:~t:rf~I:'=~'~~ ,~ ~r.~'~~t~:r ~,~~::.ft( ..rv. and file wrltt.n d ~~~.,~ :Il~=~ ;~J for Ih, r,lI.f demond, wUl'lout lurthtr notice. ~, NOTICE OF ZONING CODE CHANGES CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES 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; . " ESTABLlSHI~G A NEW ZONING DiSTRICT RELATING TO PUBLIC FACILITIES; ESTABLISHING AN iNTENT AND PURPOSE, ESTABLISHING PERMITTED AND CONDItiONAL USES, ESTAB- LISHINCS 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 PERMrrTED USES IN THE' R-3 MULTIPLE.FAMILY DWELUNG ZONING DISTRICT TO INCLUDE DAy NURSERIES, KINDERGARTENS AND DAY CARE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANC,ES AND RESOLUTIONS; INCORPCRA:'n'bN INTO THE CODE: SEVERABILITY AND ANEFF~C'jW!~ DATE. . .,"" j ORDINAN6~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 AMENDMENTS TO THE CITY CODE; PROVIDING FOR SEVERABILITY. REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLlinONS, INCORPORATION INTO THE CODE, AND AN EFFEcTIVE DATE. ' PUBU~~HEA~JNt1 FOR FfA'i!..,~~OING WILl'.~I:IE1.D ON " ~"~": -~',' - '," '~';':: ,: MONDAY.!:;4;'~~::2~ ibo7, ,,"'l~ , AT 5':1~,P;M,/'.. ' .\":-'",~~,'- -,.-, OR SOO~THeREAFTER IN THE COMMISSION CHAM8ERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRI~!is;'FLb,R1DA The proposed ordinances may be obtained by Interested parties between 8 a.m. anc:t5 p.m" MQnday tbroljQtl F~day, at the City's Clerk's Office, located lit 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needing assistance to partici- pate In any of these proceedings should contacttliil EmplOyee Retati~aDePartment ,Cpordl~iJtor; 48 hours in advancE! 0/ the meoting at (407) 327-1800, #236, These-arepiJbllc hearh19s. i~teres\'$d " parties are"adv1s'ed Ihatlhey may appear al thil nieetlng and be hearp\'if1l1 respeot to th$propo~ed ordinances. If you decide to appeal any recommendation or decisIon', madit By the' cny, Comm~loO with respect to any matter considered at this meeting, you will needll,reCt:lrdof,thBiprOpe'lIdlngi" . and for slch purposes, you may need to ensure that a verbatim record of the proce9cllngs 1, made upon W~ich"the appeal Is based. . ' t'. ,;. 4 Iioi-: _ ! i i H2 Orlando Sentl1E L T~kso""l :~.l:INt 14.2007 . ASSOClAnO PRESS Matkl1acn,ac, wlda Southem College in Lakeland. The "11. ' . I. , ! 'WCUE E ./ 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 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 1/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 PAGE50F7 "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 F AMIL Y 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 of the 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 ofthe 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 ofthe 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 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: City of Winter Springs Ordinance No. 2007-21 Page 2 of5 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 stlikcuut type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance oftext 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 ofthis 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 Compatibilitv and Harmonv Regulations. .c& It is the intent ofthis 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 subiect 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 proiects on vacant lots within established residential developments. ilil. 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 subiect 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. unitv. 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 subj ect property and within the surrounding neighborhood in accordance with the review criteria stated above and commonly accepted architectural principles of the local community. ~ 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 along with a filing fee established by the City Commission. 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. iQl 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 of5 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 F AMIL Y 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 of the existence City of Winter Springs Ordinance No. 2007-2] Page] of5 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 ofthe 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 of5 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 strikeout 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. W 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. D2l. 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 of5 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 subject property and within the surrounding neil:!hborhood in accordance with the review criteria stated above and commonly accepted architectural principles ofthe local community. The city manager is authorized to retain the services of a technical advisor on an as-needed basis. @ 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 along with a filing fee established by the City Commission. 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. @ 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 of5 Section 7. Sunset Review. One (1) year after the effective date of this Ordinance, the City Manager is hereby instructed to place this Ordinance on the City Commission agenda for review at a regularly scheduled Commission meeting. The agenda item shall contain background information regarding the application of this Ordinance during the previous one year. At the meeting, the City Commission will discuss the effectiveness of this Ordinance and whether or not the Ordinance should remain the same or be modified or repealed. ADOPTED by the City Commission of the City of Winter Springs, florida, in a regular meeting assembled on the 9th day of July, 2007. . \11\ M Q\.&. Y \ ,- (') ~~ A LORENZO-LUACES lerk AS TO LEGAL FORM AND SUFFICIENCY ITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: June 25, 2007 Second Reading: July 9,2007 Effective Date of Ordinance: July 9,2007 City of Winter Springs Ordinance No. 2007-21 Page 5 of 5