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HomeMy WebLinkAbout2006 05 08 Public Hearing 201 Ordinance 2006-03 COMMISSION AGENDA ITEM 201 Consent Informational Public Hearing X Regular Mav 8. 2006 Meeting Mgr./Att./Dept. REQUEST: The City Attorney requests that the City Commission adopt on second reading Ordinance 2006- 03 providing standards and criteria for limiting residential densities of future development projects within the City of Winter Springs. PURPOSE: The purpose of this ordinance is to establish standards and criteria in the Zoning Code for limiting residential densities of future development projects within the City of Winter Springs APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Chapter 20, Zoning, City Code. 3. Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993). The Florida Supreme Court held that, in part, that a property owner is not entitled to the maximum residential densities which are set forth in the comprehensive plan and the local government has the discretion to limit the density below the maximum allowed under the comprehensive plan so long as some development is approved consistent with the comprehensive plan and the decision is based on competent substantial evidence. Page 1 of 3 CONSIDERATIONS: 1. The City's Comprehensive Plan provides for maximum residential densities that are allowed in various future land use designations established in the Future Land Use Element. 2. Pursuant to the Snyder case cited above, property owner's are not entitled to the maximum densities allowed in the Comprehensive Plan. 3. Some of the zoning categories that are established in the City's zoning code either provide no residential density maximum cap or provide a not to exceed residential density cap consistent with the City's Comprehensive Plan. In some cases, the residential densities are established by the city commission in accordance with a conditional use request or as part of a planned unit development. 4. Although the City Commission has the right under the current City Code and Snyder to limit residential densities for a particular project, the City Commission directed that the City Attorney prepare an Ordinance that supplements, and clarifies, that authority consistent with the previous experiences and decisions of the City Commission. 5. In instances under the City Code where establishing residential densities is discretionary, the proposed Ordinance supplements, and clarifies, that the City Commission shall establish the residential density on a project-by-project basis using the supplemental standards and criteria set forth in the proposed section 20-419. 6. The standards and criteria are as follows: (1) The proposed residential density shall be consistent with the City's Comprehensive Plan. (2) The proposed residential density shall be compatible and in harmony with the surrounding existing and planned uses. (3) Adequate programmed city services exist to accommodate the proposed residential density including, but not limited to, water, sewer, reuse, solid waste, parks and recreation, and police and fire protection. (4) The proposed residential density shall leave ample green and open space on the subject property in order to avoid overcrowding and congestion of residents, to provide sufficient on- site recreational and leisure amenities, and to provide an aesthetically pleasing and livable development project. (5) The proposed residential density shall not result in the overcapacity of the Seminole County School System. (6) The proposed residential density shall not be contrary to any adopted economic development objective of the City. Page 2 of 3 7. In addition to the standards and criteria for establishing residential densities, the residential density of a particular project will also be affected by applicable provisions of the Comprehensive Plan and the City Code including, but not limited to, site plan and final engineering procedures, zoning bulk regulations such as set backs and height limitations, and conservation policies. STAFF RECOMMENDATION: The City Attorney recommends adoption of Ordinance No 2006-03 on Second Reading. Ordinance No. 2006-03 was approved by the City Commission on First Reading at the April 24, 2006 Commission Meeting. ATTACHMENT: Ordinance No. 2006-03. COMMISSION ACTION: The City Commission has previously directed that the City Attorney prepare an ordinance supplementing and clarifying the City Commission's right to establish residential densities for particular residential development projects. Page 3 of 3 ORDINANCE NO. 2006-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING SECTION 2-419 OF THE CITY CODE WHICH SHALL PROVIDE SUPPLEMENTAL STANDARDS AND CRITERIA FOR LIMITING RESIDENTIAL DENSITIES WITHIN THE CITY; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Comprehensive Plan of the City of Winter Springs currently establishes maximum residential densities for the various future land use designations within the City; and WHEREAS, several zoning district categories which permit residential uses within the City either have no residential density caps or establish maximum residential density caps consistent with the City's comprehensive plan; and WHEREAS, pursuant to the Florida Supreme Court's decision in Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993), a property owner is not entitled to the maximum residential densities which are set forth in the comprehensive plan and the local government has the discretion to limit the density below the maximum allowed under the comprehensive plan so long as some development is approved consistent with the comprehensive plan and the decision is based on competent substantial evidence; and WHEREAS, consistent with Snyder and the conditional use and the planned unit development standards set forth in the City Code, the City Commission has established residential densities on a project-by-project basis when applicants have proposed single-family projects and multi-family projects; and WHEREAS, the City Commission desires to clarify, supplement and strengthen its authority to reduce residential densities in instances where the City Code does not expressly provide a density cap or where the City Code only establishes a maximum residential density cap; and City of Winter Springs Ordinance 2006-03 Page 1 of 4 WHEREAS, in accordance with the police and home rule powers vested in the City and Snyder, the City Commission has the right to establish residential densities that are in the best interests of the City; 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: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, is hereby amended to create a new section 20-419, as follows: (underlined type indicates additions and strikeout type indicates deletions while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 20, Zoning. 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). CHAPTER20 ZONING. * * * ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Division 1. Generally. * * * 20-419. Limitations on Residential Densities. (a) This section is intended to be supplemental. and in addition to. anv other provision of the City Code relative to establishing the residential density of all development proiects within the City. It is also the intent of this section to grant the city commission the maximum authority to establish residential densities on a project-by-proiect basis under the criteria and standards set forth in this section. In the event of any conflict between the residential densities established by this section and any other applicable provision of the city code. the lowest residential density shall apply. City of Winter Springs Ordinance No. 2006-03 Page 2 of 4 (b) In cases where the applicable zoning district classification of a property does not provide a specific residential density cap or establishes a maximum residential cap. the residential density for a specific development project shall be established by the city commission on a proiect-by-project basis pursuant to the following standards and criteria: (1) The proposed residential density shall be consistent with the City's Comprehensive Plan. (2) The proposed residential density shall be compatible and in harmony with the surrounding existing and planned uses. (3) Adequate programmed city services exist to accommodate the proposed residential density including. but not limited to. water. sewer. reuse. solid waste. parks and recreation. and police and fire protection. (4) The proposed residential density shall leave ample green and open space on the subiect property in order to avoid overcrowding and congestion of residents. to provide sufficient on-site recreational and leisure amenities. and to provide an aesthetically pleasing and livable development proiect. (5) The proposed residential density shall not result in the overcapacity of the Seminole County School System. as provided in any applicable Interlocal Agreement between the City and the School District. (6) The proposed residential density shall not be contrary to any adopted economic development objective of the City. (c) Any residential density established by the city commission under this section for a particular property shall become the maximum residential density allowed for that property. subiect to possible further reduction in density due to site plan. final engineering. and conservation requirements and constraints. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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 City of Winter Springs Ordinance No. 2006-03 Page 3 of 4 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 City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. 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: City of Winter Springs Ordinance No. 2006-03 Page 4 of 4 ORDINANCE NO. 2006-08 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PRESERVING AND PROTECTING EXISTING RESIDENTIAL PROPERTIES FROM ADDITIONS, MODIFICATIONS, AND EXPANSIONS OF STRUCTURES AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN HARMONY WITH EXISTING BUILDINGS AND STRUCTURES AND THE SURROUNDING NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING ORDINANCES DURING THE TERM OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND A SIX (6) MONTH SUNSET PROVISION. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to adopt emergency ordinances by two-thirds vote; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (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 ofthe residential communities by prohibiting uses and structures that are incompatible with residential areas; and WHEREAS, over the years, the City has relied on these private deed restrictions to provide homeowners with regulatory protection that preserves the character and harmony of residential areas; and City of Winter Springs Ordinance No. 2006-08 Page I WHEREAS, because of this reliance, the City has not historically had reason to impose numerous other legislative land use restrictions on existing residential communities within the City, especially in older existing subdivisions that are designated Planned Unit Development like Tuscawilla and Oak Forest; and WHEREAS, in particular and by way of example of this reliance, the City Commission has previously exempted existing single family residences from the Minimum Community and Aesthetic Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because of the existence of the private deed restrictions; and WHEREAS, it has come to the attention ofthe City Commission that some of the older deed restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their deed restrictions to expire under the Florida Market Record Title Act; and WHEREAS, the expiration of the private restrictions have left some residential communities without any significant regulatory mechanism to protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family residences; and WHEREAS, as a result, the expired private restrictions have potentially exposed some residential communities to buildings and structures that are incompatible to existing single family neighborhoods and such incompatible buildings and structures may have an adverse impact on the quality of residential areas and upon property values; and WHEREAS, on April 10, 2006, having considered the possible wide ranging negative impact ofthe expired private deed restrictions on the residential character of some areas within the City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an ordinance which will establish a comprehensive regulatory scheme that will require all additions, modifications, and expansions of structures within residential areas to be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character thereof; and WHEREAS, the new ordinance will also likely preclude garages that are not constructed in a manner that is compatible with typical residential construction techniques including, but not limited to, size, materials, and height; and WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City Commission will take additional time and public hearings before adoption; and WHEREAS, in the interim, the City Commission hereby deems that the expiration of some of the private deed restrictions poses a serious risk to the residential character of the community and City of Winter Springs Ordinance No. 2006-08 Page 2 therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate action by the City Commission to safeguard residential communities; and WHEREAS, the City Commission hereby finds that the preservation of residential communities serves a substantial governmental interest; and WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions of structures within residential areas, the City Commission hereby finds that interim regulations must be enacted by the City Commission until such time that a comprehensive regulatory scheme can be completed to protect the residential communities within the City of Winter Springs; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests 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: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Interim Residential Compatibility and Harmony Regulations. (A) It is the intent of these interim regulations to promote and protect existing residential developments by prohibiting additions, modifications, and expansions of structures and buildings that are incompatible and not in harmony with the subject property and with the surrounding neighborhood. These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments. (B) Before any building permit is issued for the addition, modification, and expansion of any building or structure on a residential lot, the city manager or his designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that significantly enhances the established residential character of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria City of Winter Springs Ordinance No. 2006-08 Page 3 stated above and commonly accepted architectural principles of the local community. (C) If the city manager or his designee determines that the addition, modification, and expansion is not compatible and in harmony, the building permit application shall be denied on that basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal shall be filed with the city manager in writing within five (5) calendar days of the denial. Upon review of the appeal, the city commission shall render a final decision on the issue of residential compatibility and harmony. All decisions of the city commission shall be considered final and shall be subject to appeal to a court of competent jurisdiction pursuant to law. (D) These regulations are supplemental and in addition to all other applicable provisions of the City Code. To the extent that these regulations conflict with any other provision of the City Code, these regulations shall prevail and apply. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. Section 5. Sunset Provision. This Ordinance shall sunset six (6) months after the effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this Ordinance shall be automatically repealed and shall no longer be in effect. {Adoption Page Follows} City of Winter Springs Ordinance No. 2006-08 Page 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of May , 2006. ATTEST: Approved as to legal form and sufficiency for the City of Winter Springs only: Effective Date: See Section 4. City of Winter Springs Ordinance No. 2006-08 Page 5