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Home My WebLink About2004 07 26 Public Hearings 403 COMMISSION AGENDA ITEM 403 Consent Informational Public Hearing X Regular Julv 26, 2004 Meeting ~ 1'1/''( Mgr. / Att. / Dept. REQUEST: The City Attorney and City Manager request that the City Commission approve on Third and Final Reading Ordinance 2004-31 which shall amend Chapter 6 of the City Code, relating to minimum setback requirements for principal buildings located on property zoned planned unit developments. PURPOSE: The purpose of this ordinance is to establish minimum City Code setback requirements for principal buildings located on property zoned planned unit development. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. The United States Supreme Court has held that comprehensive zoning may be accomplished as a valid exercise of a state's police power. Village of Euclid v. Ambler Realty Co., 272 U.S.365 (1926). 3. Chapter 6, Buildings and Building Regulations, City Code. Page 1 of 3 CONSIDERATIONS: 1. Setbacks are required to preserve open space and to protect harmony in the community. Setbacks serve as buffers between structures and land uses. 2. Pursuant to the City's existing PUD ordinance, the City has historically established setback requirements for PUD developments by requiring developers to record private deed restrictions. 3. The existing PUD ordinance does not impose specific setback requirements for principal buildings and structures by Code. 4. However, the City does impose general setback requirements for accessory structures, screen enclosures, and swimming pools by City Code that are applicable for real property zoned PUD. See e.g. ~~ 6-84 and 6-85, Winter Springs Code. 5. As a result, setback enforcement issues have arisen in PUD zoning districts from time to time. Specifically, does the City or the subject homeowner's association enforce the setback? Further, which entity can approve a variance to the setback requirements established by deed restriction? 6. These issues have been complicated by the fact the City Commission has approved numerous PUD developments and each development has its own unique set of private deed restrictions with varying setback requirements. 7. Consistent with the approach to establish minimum City Code setbacks for accessory structures, screen enclosures, and swimming pools, the City Attorney and City Manager believe the City should establish minimum City Code setbacks for principal buildings located within PUD zoning districts. It does not make sense to only have minimum setback requirements for less intensive and obtrusive structures such as pools, screen enclosures, and accessory buildings and not have such minimum requirements for principal buildings. 8. Ordinance 2004-31 will provide a safeguard against a homeowner's Association amending their private deed restrictions, or granting a variance, to eliminate the setback requirements for /, principal buildings. 9. Per the City Commission's directions at the June 28,2004 Commission meeting, a separate subsection was added to address zero lot lines. Further, a conflict section was added to address any applicable development agreements and court approved settlement agreements. In the event of any conflict between the proposed code and a development agreement or court approved settlement agreement, the applicable agreement will prevail. Page 2 of 3 STAFF RECOMMENDATION: The City Attorney and City Manager recommend approval of Ordinance No 2004-31 on Third and Final Reading and that Ordinance No. 2004-31 be publicly advertised for Second and Final Reading. ATTACHMENT: Ordinance No. 2004-31. COMMISSION ACTION: The City Commission has previously directed that City staff propose amendments to the City's POO ordinance as needed. Page 3 of 3 ORDINANCE NO. 2004-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 6 OF THE CITY CODE, RELATING TO MINIMUM SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS LOCATED ON PROPERTY ZONED PLANNED UNIT DEVELOPMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORlPORA TION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under ~ 2(b), Art. vm of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission finds that open space is required to protect harmony between adjacent properties; and WHEREAS, the City Commission finds in order to protect the harmony between adjacent properties within areas zoned PUD, it is necessary to establish by City Code setbacks for principal buildings, rather than relying solely on recorded private Declarations of Covenants and Restrictions; and WHEREAS, the City Commission acknowledges that such setbacks currently exist in the City Code for accessory structures, screen enclosures, swimming pools; and WHEREAS, the City Commission desires to protect the aesthetic uniqueness along with the natural amenities and environmental assets of the community; 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 of the 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 true and correct and are fully incorporated herein by this reference. Section 2. Code Amendment. Chapter 6 of the City of Winter Springs Code of Ordinances is hereby amended as follows: (underlined type indicates additions and s~out type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this City of Winter Springs Ordinanee No. 2004-31 Page 1 of 4 Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS *** ARTICLE In. BUILDING CONSTRUCTION STANDARDS *** Sec. 6-86. Minimum setback requirements within PUD zoninl!: districts. (a) General. . Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved by the City Commission, the principal building setbacks for property zoned planned unit development (Pl!D) shall be as follows: ill Front Yards. The front yard shall not be less than twenty-five (25) feet in depth: ill Rear Yards. The rear yard shall not be less than ten (10) feet in depth: ill Side Yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure: and 141 Comer Yards. On corner lots. the front yard set back oftwenty-five (25) feet must be maintained. at a minimum. on all sides abutting public rights-of-way. Notwithstanding the minimum setback requirements of this subsection, Zero lot line property shall be governed by subsection (b) below. (b) Zero lot line. Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved bv the City Commission. the principal building setbacks for zero lot line property zoned planned unit development (PUD) shall be as follows: ill Front Yards. The front yard shall not be less than twenty-five (25) feet in depth: 141 Rear Yards. The rear yard shall not be less than ten (10) feet in depth: ill Side Yards. The side yard shall not be less than five (5) feet on one side of the dwelling structure: and 141 Comer Yards. On corner lots. the front yard set back of twenty-five (25) feet must be maintained. at a minimum. on all sides abutting public rights-of-way. City of Winter Springs Ordinance No. 2004-31 Page 2 of 4 (c) Conflicts. In the event of any conflict between the requirements of this section and any Declarations of Covenants and Restrictions governing site conditions of a PUD development within the City. the more restrictive shall apply. In the event of any conflict between the requirements of this section and any recorded development agreement approved by the City Commission or court approved settlement agreement governing site conditions of a PUD development within the City. the conflicting provision in the development agreement or court approved settlement agreement shall prevail. (d) New PUD Developments. Nothing contained in this section shall be construed as limiting the City Commission's authority to impose setback requirements greater than the minimum requirements of this section for PUD developments approved after the effective date of this section. 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. 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. [Signature Page Follows] City of Winter Springs Ordinance No. 2004-31 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. 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 Ordinanee No. 2004-31 Page 4 of 4