HomeMy WebLinkAbout2010 10 11 Public Hearing 500 Ordinance 2010-08 Amending Code To Allow Accessory Dwelling Unites As A Conditional Use COMMISSION AGENDA
ITEM 500
Information
Public Hearin X
Re _ lar
October 11, 2010
Meeting 91p
Mgr. / D ,t.
REQUEST: The Community Development Department — Planning Division requests that the City
Commission hold a Public Hearing for First Reading of Ordinance 2010 -08, amending the Code to allow
Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning districts subject to
certain criteria.
SYNOPSIS: The Comprehensive Plan in Future Land Use Element Policy 1.1.6; and Housing
Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, directs that Accessory Dwelling Units (ADUs) may be
allowed as a conditional use in single family dwelling zoning districts, subject to strict design
compatibility standards. This ordinance provides the enabling language and criteria for the allowance of
ADUs.
CONSIDERATIONS:
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Section 2 (b), Article VIII, of the State Constitution.
Sec. 163.3194, Florida Statutes- Legal Status of Comprehensive Plan
Sec. 163.3201, Florida Statutes- Relationship of Comprehensive Plan in exercise of Land Development
Regulatory Authority
Sec. 166.041, Florida Statutes- Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 20.
Winter Springs Comprehensive Plan- The Comprehensive Plan directs that ADUs may be allowed as a
conditional use (subject to strict design compatibility guidelines), within single family dwelling zoning
districts. [See Future Land Use Element Policy 1.1.6; and Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and
2.4.7.]
BACKGROUND DATA
Increasingly, the City is having inquiries from individuals who wish to expand their residence to
accommodate an elderly relative. Accessory Dwelling Units (referred to as ADUs), provide an
economical, semi - independent living housing solution for an elderly relative or other individual, without
the investment in additional land or public infrastructure.
October 11, 2010
PUBLIC HEARING AGENDA ITEM 500
Page 2
An ADU is an additional, self - contained dwelling on the same lot or parcel as an existing residence. It
may be built within a pre - existing structure but sometimes is an addition to the structure or is a separate
stand alone structure. ADUs require no additional land or governmental funding. Because they use
existing infrastructure (e.g., water, sewer, utilities, landscaping), they are cheaper to build than ordinary
housing, but increase a property owner's investment and future return.
Currently the code will allow expansion of the principal structure, but will not allow that expansion to
include independent living facilities, most notably a kitchen.
This amendment will allow for a second independent dwelling unit, which is ancillary to the principal
structure, to be placed on the lot or parcel, subject to the identified criteria and scrutiny of the conditional
use process.
The criteria includes size, placement on the lot or parcel, height, and architectural compatibility. The
ADU is subject to the same setback requirements as the principal dwelling.
ADUs are true life -cycle housing, supporting flexibility and family stability over time. The extra income
from secondary units can help make mortgage payments possible for new homeowners. It can give
housing to childcare or in -home health care workers. It can supply extra income when the economic
shifts of divorce, untimely death, or illness intervene. And an ADU can offer safe, semi independent,
and inexpensive housing for elderly or disabled relatives, as well as returning adult children. Currently,
ADUs are not allowed anywhere in the City except in the Town Center.
Allowing homeowners to add an ADU to their property is one of the most promising strategies the City
has for increasing the geographic dispersal and supply of transitional independent housing within the
City. The design compatibility standards associated with the granting of a conditional use permit will
assure that the appearance and quality of an existing neighborhood is not negatively impacted.
As with all conditional use approvals, if a building permit has not been issued within two years, it
becomes null and void.
SUMMARY OF PROPOSED CODE CHANGES
1. A definition for Accessory Dwelling Units has been added to the Zoning Code (Sec. 20 -1).
2. Accessory dwelling units have been added as a Conditional Use within single family dwelling
districts as directed by the Comprehensive Plan. Accessory dwelling units have been added as a
Conditional Use in Chapter 20 under the R-C1; R -1 AAA, R -1 AA; R -1 A; R -1; R -3; and PUD
zoning districts. ADUs are already allowed as a permitted use in the Town Center and therefore
are not subject to these requirements.
3. The ADU will be required to replicate the design of the principal dwelling by use of similar
exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
The design is subject to the Minimum Community Appearance and Aesthetic Review Standards
to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.).
4. In addition to these design compatibility guidelines already included in the Code, specific criteria
pertaining to Accessory Dwelling Units has been added to Chapter 6. Buildings and Building
Regulations (Sec. 6 -88). These include:
a. An ADU can only be added if a single family dwelling currently exists or if it will be
October 11, 2010
PUBLIC HEARING AGENDA ITEM 500
Page 3
constructed in conjunction with the ADU.
b. The property owner must occupy either the principal structure or the ADU.
c. Only one ADU will be allowed per lot or parcel.
d. The ADU has to meet the front, side and rear yard regulations and building height
regulations for the zoning district in which it is located.
e. A minimum of one (1) parking space shall be provided on -site for the ADU, in addition
to the required off -street parking regulations for the principal residence.
f. The ADU cannot be sold as a separate property. For this reason, the ADU is not to be
metered separately from the principal dwelling.
g. A minimum lot size of 5000 SF will be required.
h. The minimum size for an ADU will be 400 SF; however, the ADU cannot be more than
30 percent of the principal residence or 800 square feet, whichever is less. .
i. Privacy and screening of adjacent properties will be of the utmost importance in the
orientation of the ADU.
5. Accessory Dwelling Units will be exempted from impact fees and additional stormwater fees in
order to encourage property owners to pursue investing in an ADU (see Housing Element Policy
1.3.13).
6. The approval of an ADU will be subject to the Conditional Use process described in Sec. 20 -33.
The conditional use /aesthetic review approval will include a Public Hearing which will be
noticed to all property owners within one hundred fifty (150) feet of the subject property
requesting the ADU. An ADU will not be approved, if prohibited by the declarations, covenants,
conditions and restrictions of a homeowner's association. The City Commission may impose
reasonable conditions to the extent deemed necessary and relevant to ensure compliance with
applicable criteria and other applicable provisions of the City Code and Comprehensive Plan (see
Sec. 20 -27).
7. Before obtaining a building permit for an accessory dwelling unit with a conditional use
approval, the property owner shall file with the county recorder a declaration of restrictions
containing a reference to the deed under which the property was acquired by the present owner
and stating that:
a. The ADU shall not be sold separately.
b. The ADU is restricted to the approved size.
c. The use permit for the ADU shall be in effect only so long as either the principal
residence, or the ADU, is occupied by the owner of record as the principal residence.
d. The above declarations are binding upon any successor in ownership of the property; lack
of compliance shall be cause for code enforcement and/or revoking the conditional use
permit.
e. The deed restrictions shall only be removed with the consent of the city, but shall lapse
upon removal of the accessory unit.
October 11, 2010
PUBLIC HEARING AGENDA ITEM 500
Page 4
FISCAL IMPACT:
Improvements that are installed on existing residential properties typically result in an increase to the
taxable value of the property. In this case, the value lies primarily in the property owner upgrading his
investment.
COMMUNICATION EFFORTS:
Agenda Items are posted in City Hall and posted on City's Website. Additionally:
Aug. 22, 2010 - Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing
Sept. 1, 2010- Public Hearing before the Local Planning Agency
Sept. 27, 2010- 1st Reading of Ordinance 2010 -08 before the City Commission
Tentative Implementation Schedule:
TBD- Public Noticing in Orlando Sentinel (10 days prior to Adoption)
TBD- 2nd Reading/Adoption of Ordinance 2010 -08
RECOMMENDATIONS:
P &Z/LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the P &Z/Local Planning Agency Board held on September 1, 2010, the Board
voted 4to 1 (four in favor, one in opposition) to recommend approval of Ordinance 2010 -08, amending
the Code to allow Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning
districts subject to certain criteria. The board member in opposition felt that the addition of any ADU's
into single family zoning districts undermined the intent of the single family zoning district.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2010-
08, make any corrections, deemed necessary, and move the item to Second Reading.
ATTACHMENTS:
A- Noticing in Orlando Sentinel
B- P &Z Minutes
C- Ordinance 2010 -08
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check t e current solicit*. nets of the Request for 0 atiication Jessica Hui�nt Deceased Is pending in cated at 1126 East State Road 434, w1M that said Board will hold aF publ c at 11:00 a.m., on Septe o 201 o .
lions pas any ad- (RFq ). A copy, of the RF an ony the Clreu`t Court of Orange County, ter Springs Florid°. For more Infer- hepr(n to consider 3p =Mica! on fer for sole and sell to the h�glN�st old-
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addenda t4 this Web page obtained fromm our web s to h 2010- P -1577 the address of which is with disabilities Ing assts e n to amend the Cap tai ImPr t Ele- rth°uca,q�5 Nth Orapnge Avenue
only and will AO Isah1e writ. WwvL 4�ps.neVOP/caniracN. also Copies of, do 428 N. Orom�pe Avenue, Orlando, Florl• partic pate In ony of these p des mint of the ComDre ns P n Per- 350, Orind° Flarlda 32801, the
ten notification. Solicitation the R Fq may be picked u at the 32801. The names and addres of should contact the Em elatlarhs n to e No tkm 163,7177, F ° Stof- 0 1 �� bet real or p4
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tlon s also ovallable of the ti:00 a.m. to 11 :30 °.m. or upon writ - personpi representative's attorney are. ad vance of the meeting at (407) 7- be reviewed the CI Growi Man- k leltla to-wit:
Purchasing Division, love- tan rreeqquest will be ma led to 'Interest - set form below. 1800, Extension 236. This Is a pu lc apemenf Department
ed In C t7 H011 401. Pork ed firms. Written requests far copy hearing. If You decide to appeal any tar office hours Of 7 :30 during the regu-
89. 9752. Fu mo0tra AM -4 :30 PM on REAL PROPERTY ' ! t SEE ATTAINED Avenue, uth Winter Park, oft RF must be faxed to (4 lea
3i7- Ali creditors pr the decedent °rW otte ency with reipect to
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publicly opened and read at that time . NOTICE OR 3p DAY AFTER THE the meeting and be heard with respect Ing.may be CCoot need f °m time T P s Piµ Beek E �o(
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for: : Gu°1 Employment g unit Y • 77n�e DATE OF S0RV CE OF A COPY OF to the proposed ordinance. to time unfit final action is token, If • of D p e,
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taln August 23, 2010 and .nk t Oppo � Supervhor'res�onstble for MONTHS AFTER THE DATE OF N � , . t ARC OF Persons with tl wbltities need! ar e? Rne1t reit As frorm hd
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J6 I Seminole Extra 1 Orlando Sentinel Sunday, October 3, 201c
REUNIONS Meroyc@yahoo.com. Cocoa Bea
Oviedo High School School Clan ' 1 "' 1..... "" r
Righschool Classor 1976:A reunion is 1 -2, 2011. July 1: NOTICE OF CHANGES TO -
being planned for December. ering with DJ, d
October Details h1o2d3k4i5n6s7 @net- ers, cash bar, Ui
scape THE CODE OF ORDINANCES
net. ry's, Cocoa Bead
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69: p. m.- U pcoming ming and n Family
ani AND ZONING CODE
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midnight Oct 8, Street Parry, httpJ /gregorys
Route 46 Entertainment Dis- The Edg.watterHigh beach.com,Jarr CITY OF WINTER SPRINGS
trict, 4316 w. State Road 46, School Class of197t A - Facebook, JBieil
Sanford, $30. RSVP with check reunion Is being planned for or Bob Craig, RL'
by Sept 27. Details: Colleen April, 2011. Details: Mark - hoo.com. NOTICE IS HEREBY GIVEN THAT
Holley Jarrell, anhjarrell@ya- Rash, edgewater7l@gmail.com. Jones Hlgi
hoo.com; Dayle Healy Bau- William R. Boone High Class ofWTI THE CITY COMMISSION OF
meister, daylebaumels- School Class af196k April being planned THE CITY OF WiNTER SPRINGS
ter@gmail.com. 29-May 1, 2011, Hotel Sonesta, at the Dr. James
Bishop Moors Class of Ortando. Details: Louise Carter borhoodCentei PROPOSES TO ADOPT:
1980: Oct 8-9. Oct. 8: BMHS Borsoi, 407- 841-0496, borsoi- Blvd., Orlando. I: •
football, then Houston's restau- Iouise@hotmail.com. Broome - Moore; ORDINANCE NO. 2010-08
rant. 7 p.m. to midnight, Oct. 9: Seabrams High mslo1698@cfl.
Malson & Jardin, 430 Wymore School Crass af1981: June AN ORDINANCE OF THE CITY COMMISSION OF THE
Road, Altamonte Springs, 24-26, 2011, Daytona Beach. CITY OF WINTER SPRINGS, FLORIDA RELATED TO
4 oh -862-4 on ardin.come .aamsmlth Miriam
@sbc oba Smith, October � ACCESSORY DWELLING UNiTS ("ADU'S ")' AMENDING
Facebook 'BMHS Class of80." 9 CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR
Apopka High School BUILDING CONSTRUCTION STANDARDS FOR ADU'S;
cisssesof1976-�1979° ''''.•:`,','' .. ,_' -;: ,;,_r AMENDING CHAPTER 20 OF THE CITY CODE TO
ahs76thru79@gmail.com, a 76thr Iiltrodirein, AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE
Facebook 'Apopka High School leC e 'LCk HQOV',.r R -1AAA, R -C1, R -1AA, R -1A AND PUD ZONING
Frederick �1
Reunion 76- 77- 78 -79.~ DISTRICTS; AMENDING DEFINITIONS; MAKING
Oak Ridge Class h fl. f" crcus on Sing CONFORMING AMENDMENTS TO CHAPTERS 9 AND 19; .
School Gass of 1970: Oct
15-16, Ventura Country Club, <:;' PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
3201 Woodgate Blvd, Orlando. ORDINANCES AND RESOLUTIONS, INCORPORATION
Details: Ken Dibble, Ken.Dib- ,
ble@vbmb.org; Bphil- 4; ,,,, 'Did you. INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE lips@cfl.rr.com. i :SingleIncision DATE.
• William R. Boone High L .,t .,` x SILS; is a 'tupe
School G"aOf'� O' Oct. ;. i,ccarnbecornpil. PUBLIC HEARING
15-16. Details:
lumni.com. In the belly'bu�
Bishop Moore High
las indsioiis, anid li FOR FIRST READING
School Cs of 1975:Occ. ' ; bleeding WiLL BE HELD ON '
15- 17.5:30 Oct 15, BBQ; 7:10
p.m. Oct.16, BMHS football t rger
51f5 suy ra Oct
NotL game;
ouun1 ge ,Al ta moot why e. Details: ; � , isusuallyperfo MONDAY, OCTOBER 11, 2010
Not Lounge, Altamonte. „ ,
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Bishop Moore C '4 1 ; 'Dr_' FrederfckHooVer . youare acand AT 5:15 P.M.
lie High School Class of ' - ' ' ry t. ' shouilddiscuss
1965: Oct. 16. Details: Marcos 'I '` } • . : - : AdVaneed Min OR SOON THEREAFTER IN THE
Sayago, mes625@aoi.com.
Seminole Hl School t� ' .S pecialistspr oi COMMISSION CHAMBERS LOCATED AT
Class of1960: Oct.16, •.' WINTER SPRINGS CITY HALL -
Route 46 Entertainment Dis 11 26 EAST STATE ROAD 434
tract Sanford. Details -T ,r r -x r * ;- li'te'r , . , : _ °
: ,r 11 ; 4 ,-, 7 .. - i a W . :iif LLgs :1 .e WINTER SPRINGS, FLORIDA
Griffin, terrylbk@gmail.com; • , !,>•i ' - .. Milt n� in1 "litt►li'ifi ;4
Fran Strickland Masse, * 3_ .' .
et .Siitj.0 ^: , ` :1 �
fmasse001@earthllnknet 1 ': =� _,_,, c ...- . .. � •„ ` ra .,., , -:■ i , r,. ? The proposed ordinance may be obtained by interested parties
Edgewater High . , "•. "`' . I c' S W`g' %• ': between 8 a.m. and 5 p.m., Monday through Friday, at the
School Gass of1970: Oct. 4 ; t s ptad, re d�O bs tl cs'' ; :fx-" =' City's Clerk's Office, located at 1126E SR 434, Winter Springs,
22-23, Orlando. Oct 22: Home- r ,1+riecoh Y OrIand'o1,r ' . kf - ii Florida. For more information, call (407) 327 -1800 1227.
coming game at Edgewater - "u a;.r.:;< ' , ; '.0:1. 1 Persons with disabilities needing assistance to participate
football field, drinks after the tea `ov 1 5 ' .' . r �' ,', , ',s .! : . , . ,`' ':;1=,
game at Dubsdread CC 7 p.m. '. "E :w,: ti F ` ;iF `�`A - : � : i -` , ' -T .Fu ll':. . T . a in any of these proceedings should contact the Employee
p Q: , _,�" C °i:;a:i,` i , d :,N fiat n- rr. : -r'w
Oct. 23:40th Reunion, Dinner' Relations Department Coordinator, 48 hours in advance of the
and Dance, University Club ` ` r; ; ' 'i jE i ; IV
1 di�` i meeting at (407) 327 -1800, 1236. This is a public hearing.
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winter Park Ticket deadline is '. 1 � i;, =, . - ;;;• _:, s, � ,,: ,,,, - � a. , : , Interested parties are advised that they may appear at the Oct.1. Details: Debbie Haley, 1;, f ` ft O ur Web , m eeting and be heard with respect to the proposed ordinance.
hal b54@emba mail.com. - ,;� „ : r • ,. _ • y= ; ' - ni ::. .
h school 1 4 : - .tc If you decide to appeal any recommendation or decision made
Bamincle ,i:,::1: :"'` v>? r + A ss : ry' = ; ; by the City Commission with respect to any matter considered
Gass of 1970: Oct 22 -23. : f. , ` 4 : : 0Y/4E00130M', E't�:
Details: Diane Wilson Hazelbak- ' = ,. 17'77 itf7b►:1cH.r ad frd. . 4'' ; . 'xi F'+ at this meeting you will need a record of the proceedings, and
er, 407- 314 -2319, nan- -'' 4F° " k ' u'` ''. for such purposes, you may need to ensure that a verbatim
na9699@aol.com.
L:< • _.. "r
-
� '- ..""'''' -'' i '`. .`"' -`` j '' record of the proceedings is made upon which the appeal is
m . — based.
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
SEPTEMBER 1, 2010
CALL TO ORDER
The Regular Meeting of Wednesday, September 1, 2010 of the Planning And Zoning
Board/Local Planning Agency was called to Order at 7:00 p.m. by Chairman Charles
Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Charles Lacey, present
Vice Chairman William H. Poe, present
Board Member Howard Casman, present
Board Member Rosanne Karr, present
Board Member Bart Phillips, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Requesting Approval Of The July 14, 2010 (Rescheduled From July 7, 2010)
Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes.
"I MAKE A MOTION WE APPROVE THE MINUTES" (JULY 14, 2010
[RESCHEDULED FROM JULY 7, 2010]). MOTION BY BOARD MEMBER
CASMAN. SECONDED BY VICE CHAIRMAN POE. DISCUSSION.
•
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 2 OF 7
VOTE:
BOARD MEMBER KARR: AYE
CHAIRMAN LACEY: AYE
BOARD MEMBER PHILLIPS: NAY
BOARD MEMBER CASMAN: AYE
VICE CHAIRMAN POE: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
Regarding the Jetta Point property, Mr. Randy Stevenson, ASLA, AICP, Director,
Community Development Department addressed the Board Members and stated, "This is
part of the property that was subject to the Settlement Agreement from 1990 — governing
part of the property — westernmost twenty -five percent (25 %) of Jetta Point Park."
Next, the Permitted Commercial Uses of the Tuscawilla Planned Unit Development was
shown.
Chairman Lacey asked, "If we didn't touch the Settlement Agreement and all we did was
rescind the Text Amendment, where would that leave us ?" Mr. Stevenson replied, "The
property is Zoned — the Settlement Agreement only entails this westernmost twenty -five
percent (25 %) of the property."
Continuing, Mr. Stevenson added, "You would delete the ability for a recreational facility
to be in the C -1."
Discussion.
PUBLIC INPUT
Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke about the Text
Amendment and Permitted Uses for the Jetta Point Park property and noted she was in
support of Agenda Item "500 ".
Mr. Mike Demaree, 121 Lido Road, Winter Springs, Florida: addressed the Board
Members and said he supported Agenda Item "501".
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 3 OF 7
In summary, Mr. Stevenson stated, "We do want to do the Text Amendment and if we do
the Text Amendment to take the Park out as a Permitted Use and not put it back in."
In regard to the variety of Uses contained in the Settlement Agreement from 1990, Mr.
Stevenson suggested, "We probably need to look at trying to correct some of that at this
point in time as well, at least for this part of Parcel 15."
Mr. Lacey asked, "If there is Consensus here, we can send Randy (Stevenson) with some
direction on which way he is supposed to go. Is there any objection to the plan that he
has laid out ?"
With discussion, Vice Chairman William H. Poe stated, "You have Consensus on my
part." There were no objections voiced.
Mr. Stevenson said he would update the Board Members at the next Planning and Zoning
Board/Local Planning Agency Meeting.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department — Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -21, Which Revises The Administrative Procedural
Portions Of The City Code To Expressly Require And Authorize The Planning
And Zoning Board To Review And Make Advisory Recommendations On
Development Applications In The Town Center.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department presented this Agenda Item and stated, "The Commission directed the
Attorney to prepare this Ordinance to include this Board for any Applications related to
the Town Center — currently, Aesthetic Review proposals do not go to you for any
development in the City; however, given that that would also be an Application in the
Town Center, they will also go to you for the Aesthetic Review."
Continuing, Ms. Sahlstrom added, "This is planned to go forward to the City
Commission. They already did a First Reading on it to see if they were inclined the way
the Ordinance was written and if they wanted to go ahead and have it come to this Board
in that format, and they did. It is scheduled to go to Second Reading for Adoption on
September 13 (2010). It is my understanding from the City Attorney that once it is
Adopted, it will be effective immediately." Discussion.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 4 OF 7
Chairman Lacey commented, "This is part one (1) of a two (2) step process after this is
done, then we move on to a broader area of process improvement that speaks to
delegating some authority to Staff, higher levels of delegation to the Planning and Zoning
Board[/Local Planning Agency] and then finally the City Commission, only getting
involved when some threshold degree is changed and the whole point of that is to make it
more business friendly to our customers."
Discussion.
Chairman Lacey opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input" portion of this Agenda Item.
"I RECOMMEND APPROVAL OF (AGENDA) ITEM `500' AS PRESENTED."
MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER
KARR. DISCUSSION.
VOTE:
BOARD MEMBER CASMAN: AYE
CHAIRMAN LACEY: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department — Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -08, Amending The Code To Allow Accessory
Dwelling Units (ADUs) As A Conditional Use In Single Family Zoning Districts
Subject To Certain Criteria.
Ms. Sahlstrom introduced this Agenda Item and presented a PowerPoint presentation
related to Accessory Dwelling Units.
As the Comprehensive Plan provides direction regarding Accessory Dwelling Units, Ms.
Sahlstrom stated, "It says that they will be allowed as Conditional Use in single family
dwelling districts and subject to strict design compatibility standards, and these standards
are to be determined and Codified into the City's Code."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING — SEPTEMBER 1, 2010
PAGE 5 OF 7
Continuing, Ms. Sahlstrom added, "That is the whole objective for this Agenda Item
tonight is to have a discussion and to move hopefully forward with implementing this
directive and by understanding better what type of standards everyone would like to see
related to the implementation of Accessory Dwelling Units."
Discussion.
Chairman Lacey asked Ms. Sahlstrom, "Can you comment on the enforceability on the
two (2) items that I think are important; no separate utility meter and the owner residency
requirement. Can we guarantee those ?"
Ms. Sahlstrom replied, "The Attorney is actually investigating a little bit further the idea
of the Deed Restriction. Now according to the Agenda Item, I listed several items that
would be in the Deed Restriction that the ADU (Accessory Dwelling Unit) could not be
sold separately, that it is restricted to the Approved size, that the Use Permit should only
be in effect so long as the principal residents or the ADU (Accessory Dwelling Unit) is
occupied by the owner of Record and that the Declarations are binding upon any
successor in ownership of the property and that if they should lapse or be in violation,
then the Accessory Unit would have to be removed."
Lastly, Ms. Sahlstrom added, "The Attorney is looking into what can legally be required
and how you can go about doing that."
Chairman Lacey stated, "The owner occupied requirement is an important one that before
we could move forward on it, I want to be assured that that is in place and enforceable."
Discussion ensued on height restrictions and lot sizes.
Regarding Planned Unit Developments (PUD) lot sizes, Ms. Sahlstrom stated, "I believe
those lots for the most part are smaller than five thousand (5,000) square feet. I probably
need to verify that."
Next, concerns on Parking spaces were discussed.
Tape 1 /Side B
Chairman Lacey asked, "The determination from the Attorney's office, do you expect to
have that concrete before it goes to the Commission ?" Ms. Sahlstrom replied, "Yes."
Chairman Lacey added, "Whether our recommendation is one way or another ?" Ms.
Sahlstrom said, "Right."
Discussion.
Mr. Stevenson pointed out, "Since these would be Conditional Uses, the adjacent
property owners would be Notified."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 6 OF 7
With further discussion, Chairman Lacey stated, "I think they do require that they be in
conformance with HOA (Homeowner's Association) Covenants ?" Ms. Sahlstrom agreed
and said, "Yes."
Continuing, Ms. Sahlstrom explained, "If the HOA (Homeowner's Association)
Covenants restricts it and won't allow it, then it can not be permitted as a Conditional
Use by the City. The HOA's (Homeowner's Association) overrule."
Chairman Lacey opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input" portion of this Agenda Item.
"I RECOMMEND APPROVAL OF ITEM `501' WITH THE RESTRICTIONS
THAT WE HAVE PLACED UPON, OWNER OCCUPIED, AS WELL AS THE
PARKING AND ALL THE OTHER CONCERNS AND ANY OTHER LEGAL
ISSUES THAT MIGHT BE BROUGHT TO US BY THE CITY ATTORNEY."
MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER
PHILLIPS. DISCUSSION.
VOTE:
CHAIRMAN LACEY: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER CASMAN: NAY
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Not Used.
Next, Ms. Sahlstrom addressed the Board Members regarding an additional Meeting date
in September to discuss upcoming projects.
Board Member Howard Casman indicated, "I have no problem with the 15 (September
2010) or the 22n (September 2010)." Board Member Rosanne Karr added, "That is
fine."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING — SEPTEMBER 1, 2010
PAGE 7 OF 7
Chairman Lacey asked Ms. Sahlstrom, "Do you think you would be ready with any of
these ?" Ms. Sahlstrom responded, "The 22 or the 23 (September 2010) would be a
better date to give more lead time." Chairman Lacey asked the Board Members, "Is there
any objection to the 22 (September 2010) ?" Vice Chairman Poe replied, "None here."
There were no objections voiced.
Chairman Lacey stated, "It is my intention to resign from Planning and Zoning
(Board/Local Planning Agency) effective my Appointment for my replacement being
Appointed — depending on the time of that I may or may not be here for the Meeting on
the 22 (September 2010)."
Next, Chairman Lacey stated, "I just wanted to let everyone know first of all, thank you
for working with me and your confidence in making me your Chairman."
ADJOURNMENT
Chairman Lacey adjourned the Regular Meeting at 8:02 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
CHARLES LACEY, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were approved at the , 2010 Planning And Zoning Board/Local Planning Agency
Regular Meeting.
ATTACHMENT C
ORDINANCE NO. 2010 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA RELATED TO
ACCESSORY DWELLING UNITS ( "ADU'S"); AMENDING
CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR
BUILDING CONSTRUCTION STANDARDS FOR ADU'S;
AMENDING CHAPTER 20 OF THE CITY CODE TO
AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE R-
1AAA, R -C1, R -1AA, R -1A AND PUD ZONING DISTRICTS;
AMENDING DEFINITIONS; MAKING CONFORMING
AMENDMENTS TO CHAPTERS 9 AND 19; 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 in Future Land Use Element Policy 1.1.6; and
Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, provides that Accessory Dwelling Units
may be allowed as a conditional use in single family dwelling zoning districts; and
WHEREAS, Accessory Dwelling Units can be a way to value our seniors by providing
additional opportunity for them to "age in place" and to maintain their dignity, security and
independence within the City of Winter Springs; and
WHEREAS, the City's population of elderly residents is projected to increase; and
WHEREAS, the Florida Legislature has found that it serves an important public purpose to
encourage the permitting of accessory dwelling units in single - family residential areas; and
WHEREAS, the need for affordable housing can affect people of all ages including the
elderly; and
WHEREAS, Accessory Dwelling Units can provide for affordable housing options which
meet the locally recognized values of community appearance and design, and be absorbed and
integrated into the fabric of existing neighborhoods; and
WHEREAS, Accessory Dwelling Units can be a way for homeowners to supplement their
income during a time of economic hardship, reducing the likelihood of foreclosure; and
WHEREAS, section 9 -607 of the City Code, describes the requirements for residential
compatibility and harmony regulations; and
WHEREAS, the City prohibits additions, modifications and expansions of structures and
buildings that are incompatible and not in harmony with the subject property and the surrounding
City of Winter Springs
Ordinance No. 2010 -08
Page 1 of 13
neighborhood; and
WHEREAS, the City requires that the aesthetic and architectural details of a residential
project are compatible with the surrounding area and serve to enhance the character of that area; and
WHEREAS, the City has previously established that compatibility and 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; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fords 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 hereby incorporated herein by this
reference.
Section 2. Chapter 6 Code Amendment. The City of Winter Springs Code, Chapter
6, Buildings and Building Regulations, is hereby amended as follows: (underlined type indicates
additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this
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 Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
* **
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
* **
Sec. 6 -84. Accessory buildings.
(a) General. Accessory building means a detached, subordinate structure, the use of
which is clearly incidental to, customarily associated with, and related to the principal
structure or use of the land, and which is located on the same lot as the principal structure
or use. Accessory buildings shall include storage buildings, toolhouses, private, detached
garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more
than two (2) accessory buildings shall be allowed on any single lot.
•
• • •w • •w • • • • .� , • ■ • , • • •, ■ - -.� - • ■w • .w •
• ••nI • • •. ••• • • • n • ••• .1 • •n• - • •
• .1 • • • • • . • • • • • I • •I • • • •w • Accessory dwelling units
(ADUs) shall be subject to section 6 -85 of this Code and are not subject to the provisions of
this section.
(b) Height and size restrictions. The maximum height of an accessory building shall be
City of Winter Springs
Ordinance No. 2010 -08
Page 2 of 13
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection, detached, private garages may exceed twelve (12) feet in height without city
commission approval provided the city manager or designee thereof determines that each
criteria in subsection (0(3) herein is satisfied. Further, detached, private garages may exceed
two hundred forty (240) square feet, but in no case shall exceed one -third (1/3) of the air -
conditioned square footage area of the principle principal structure.
(e) Setback requirements. When an accessory building is attached to a principal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
* **
(5) Detached, private garages which exceed twelve (12) feet in height or two
hundred forty (240) square feet in area must meet the setbacks of the applicable
zoning district for the ynhiciple principal structure.
* **
Sec. 6 -85. Accessory dwelling units.
Accessory dwelling units (ADUs) must conform to the following standards:
(a) Zoning District. A property owner may request a conditional use approval to allow
one (1) accessory dwelling unit in any of the following zoning districts:
R -1AAA Single - Family Dwelling District
R -CI Single- Family Dwelling District
R- IAA & R -1A One - Family Dwelling District
R -1 One - Family Dwelling District
Planned Unit Development District
(b) . Existink Development on Lot. A single - family dwelling shall exist on the lot or will
be constructed in conjunction with the ADU.
(c) Location. The ADU may be attached to or detached from the principal dwelling.
(d) Owner occupancy required. The property owner shall occupy either the principal
structure or the ADU. Prior to the issuance of a building permit for construction of an ADU,.
an applicant shall record in the public records of Seminole County a declaration of
restrictions containing a reference to the legal description of the property and the deed under
which the property was conveyed to the present owner stating that:
(1) The ADU shall not be sold or conveyed separate from the principal residence;
(2) The ADU is restricted to the approved size;
City of Winter Springs
Ordinance No. 2010 -08
Page 3 of 13
(3) The use permit for the ADU shall be in effect only so long as either the
principal residence or the ADU is occupied by the owner of record as their principal
residence;
(4) The declarations shall run with the land, shall be binding upon any successor
in ownership of the property and that noncompliance shall be cause for code
enforcement and/or revocation of the conditional use permit;
(5) The deed restrictions shall only be removed with the express, written approval
of the city, but shall lapse upon removal of the accessory unit.
(e) Number ofADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot
or parcel.
(f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning
district in which it is located.
(g) Building Height and Stories. The ADU shall meet the building height regulations for
the zoning district in which it is located.
(h) Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot
coverage regulations for the zoning district in which they are located.
(i) Parking and Access. A minimum of one (1) parking space shall be provided on -site
for the ADU in addition to the required off -street parking spaces required for the principal
residence. The ADU shall be served by the same driveway as the principal dwelling.
(j) Water and Wastewater Services. An ADU is required to connect to the central water
and sewer system of the principal residence where available, and shall not have separate
metered services. Where central water and sewer service is not available, the septic system
and well shall meet the capacity requirements.
(k) Other Code Requirements. The ADU shall comply with all applicable building
codes.
(1) Lot Size Minimum. A minimum lot size of 5,000 square feet is required.
(m) Unit Size. The living area of the ADU shall be a maximum of thirty percent (30 %)
of the principal residence or 800 square feet, whichever is less. However, the ADU shall
contain no less than 400 square feet of air conditioned area. ADUs that utilize alternative
green construction methods that cause the exterior wall thickness to be greater than normal
shall have the unit square footage size measured similar to the interior square footage of a
traditional frame house.
(n) Design. The ADU shall replicate the design of the principal dwelling by use of
similar exterior wall materials, window types, door and window trims, roofing materials and
roof pitch. The design is subject to the Minimum Community Appearance and Aesthetic
Review Standards to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.).
City of Winter Springs
Ordinance No. 2010 -08
Page 4 of 13
Co) Privacy. Privacy and screening of adjacent properties is of utmost importance in the
orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot
and/or public street as much as possible. Windows which do face the adjoining property
shall be designed to protect the privacy of neighbors. Landscaping shall be used to further
provide for the privacy and screening of adjacent properties.
(p) Expiration. As with all conditional use approvals, if a building permit has not been
issued within two (2) years for the ADU, the approval becomes null and void (see Sec. 20-
36).
fq) Approval Process. The conditional use /aesthetic review approval of an ADU is
subject to a Public Hearing. A notice will be sent to all property owners within 150 feet of
the subject property. An ADU will not be approved if prohibited by the declarations,
covenants, conditions and restrictions of a homeowners' association. The City Commission
may impose reasonable conditions of approval to the extent deemed necessary and relevant
to ensure compliance with applicable criteria and other applicable provisions of the city code
and comprehensive plan (see Sec. 20 -27 and Sec. 20 -33).
Sec. 6 -86. Sec--6-85: Screen enclosures.
Sec. 6 -87. Sec 6-8Cr. Minimum setback requirements within PUD zoning districts.
* **
Sec. 6 -88. Sec. 6-87. Temporary storage structures.
* **
Secs. 6 -89 6-S8 — 6 -100. Reserved.
Section 3. Chapter 9 Code Amendment. The City of Winter Springs Code, Chapter
9, Land Development, is hereby amended as follows: (underlined type indicates additions and
strikcont type indicates deletions, while asterisks ( * * *) indicate a deletion from this 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 VIII. IMPACT FEES
* **
DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION
City of Winter Springs
Ordinance No. 2010 -08
Page 5 of 13
Sec. 9- 391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
* **
(g) Residential: Includes single - family dwellings, multifamily dwelling units, and mobile
h omes, . . • . •• ', 11 , • . • . . . . .I
Sec. 9- 391.3. Applicability and exemptions.
(a) This division shall apply to all new construction within the city limits except the
following:
(1) Expansion of a residential dwelling unit notereatinganother or the creation
of an accessory dwelling unit on the same parcel as the primary dwelling; and
* **
Section 4. Chapter 19 Code Amendment. The City of Winter Springs Code, Chapter
19, Utilities, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in
Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19. UTILITIES
* **
ARTICLE V. STORMWATER MANAGEMENT UTILITY
* **
Sec. 19 -162. Definitions.
For purposes of this article, the following definitions shall apply; words used in the singular
shall include the plural, and the plural, the singular; words used in the present tense shall include the
future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
Words not defined herein shall be construed to have the meaning given by common and ordinary use.
* **
Equivalent residential unit (ERU) shall mean the statistical average impervious area of
residential developed property per principal dwelling unit within the city. The numerical value of
one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate
resolution.
City of Winter Springs
Ordinance No. 2010 -08
Page 6 of 13
Sec. 19 -164. Schedule of rates.
(a) The stormwater management utility fee shall be adopted from time to time by
ordinance of the City Commission (the "rate ordinance "), and shall be calculated for each
developed property as follows:
(1) The fee for residential developed property is the rate for one (1) ERU
multiplied by the number of principal dwelling units existing on the property.
Accessory dwelling units shall not be included in this calculation. That is, Fee =
ERU x number of principal Dwelling Units.
* **
Section 5. Chapter 20 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 this 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).
Chapter 20. ZONING
ARTICLE I. IN GENERAL
Sec. 20 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
* **
Accessory. The term applied to a building or use which is clearly incidental or subordinate
to and customary in connection with the principal building or use and which is located on the same
lot or parcel with such principal building or use.
Accessory building. A building which is clearly incidental or subordinate to and customarily
utilized adjacent to and in connection with a principal building located on the same lot. Accessory
buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse (used
in conjunction with a swimming pool), or similar use. When an accessory building is attached to
a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal
structure and shall be subject to the required setbacks of the principal structure. (Also see Sec. 6-
84. Accessory buildings.)
Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly
subordinate to the principal dwelling, which has a separate egress /ingress independent from the
principal dwelling, and which provides complete independent living facilities for one (1) or more
persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The
ADU is located on the same parcel as the principal dwelling and shall be subject to the required
setbacks of the principal structure. The ADU may be either attached to or detached from the
City of Winter Springs
Ordinance No. 2010 -08
Page7of 13
principal dwelling. (Also see section 6 -85. Accessory Dwelling Units).
• . • ••. . . • • • 1.; . • 11 • • . •• •'• .1 •
•1 _ .1 • • • . • • d • • • 1 • 1 1 1 II , • 1 1 •1 • ' '
... • •' • • 1
1 • 1 • • • 1 • 1 • • •
* **
Dwelling, one family. A building designed for or occupied exclusively by one (1) family,
except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in
certain restricted situations as prescribed by code.
* **
G arage apartment. • • • • •' •' • • • • • • • 11 •1 •• •
family:See Accessory dwelling unit.
Guest cottage. • •r.1 .• 1 • • • 1 • • • n •n1 • • • • Ng .1
• • 1 • • •1 1 .A • 1 1 1 • 1 . • � • 1 •A 1 .A • • • 1 • •A • 1
'
• •1 .• • • • 1. 1.111 .1 .1 1 1• • • , • •..1 1 • •
• •• • • .1 • • •• • . See Accessory dwelling unit.
* **
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter,
including a principal building together with its accessory buildings, the yard areas and parking spaces
required by this chapter and having its principal frontage upon a publicly owned street and publicly
maintained streets or upon an approved place. • • • •1 : • • • • • •1 • , '1 • , • • • •
• . • • • .1 • • ' • . 1 1 ' 1 • ••• .. •• 1 • ••1 ••• •.• .
* **
Principal building. The building or structure of chief importance or function on a parcel or
lot. In general, the primary use of the lot is carried out in the principal building.
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ARTICLE III. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
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Sec. 20 -103. Restrictions upon lands, buildings and structures.
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City of Winter Springs
Ordinance No. 2010 -08
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(d) Density of population. No building, structure or premises shall be erected or
occupied or used so as to provide a greater density of population than is allowed under the
terms of the sections of this chapter for the district in which such building, structure or
premises is located. However, accessory dwelling units in single family zoning districts are
exempted from inclusion in the density calculation and may be conditionally permitted in a
zoning district as a valid single family use, subject to criteria set forth in section 6 -85.
(f) Required lot and occupancy. Every building or structure hereafter erected shall be
located on a lot or tract of land as defined herein; and in no case shall there be more than one
(1) building on one (1) lot except that single family zoning districts may include as a
conditional use, one (1) accessory dwelling unit attached or detached per principal dwelling
or as hereinafter provided.
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DIVISION 2. R -1AAA SINGLE -FAMILY DWELLING DISTRICTS
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Sec. 20 -123. Conditional uses.
There shall be no conditional uses within the R -1 AAA Single - Family Dwelling Districts,
except the following:
(1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85,
(2 +) Churches;
(32) Schools;
(43) Public recreational areas and facilities.
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Sec. 20 -125. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land not less
than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width
of one hundred (100) feet at the building line.
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DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT
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City of Winter Springs
Ordinance No. 2010 -08
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Sec. 20 -143. Conditional uses.
There shall be no conditional uses within the R -CI Single - Family Dwelling Districts, except
the following:
(1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85;
(2 +) Churches;
(32) Schools;
(43) Public recreational areas and facilities.
Sec. 20 -145. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land not less
than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred
twenty (120) feet at the building line.
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DIVISION 4. R -1AA AND R -1A ONE -FAMILY DWELLING DISTRICTS
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Sec. 20 -163. Conditional uses.
(a) There shall be no conditional use within R -1AA and R -1A One - Family Dwelling
Districts except the following:
(1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject
to the criteria set forth in section 6 -85;
(2 +) Churches with their attendant educational buildings and recreational
facilities:i
(12) Public utility and service structures72
(43) Schools.. -i
(54) Public recreational areas and facilities ; ; -;
(65) Stadiums, independently or in conjunction with existing school facilities,
provided the seating capacity shall not exceed the student enrollment of the school
to be served plus ten (10) percent, and provided there shall be no lights or night use.
(b) Any review of an application or plan shall consider the character of the
City of Winter Springs
Ordinance No. 2010 -08
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neighborhood in which the proposed use is to be located and its effects on the
value of surrounding lands, and further, the area of the site as it relates
particularly to the required open spaces and off - street parking facilities.
(c) Any conditional use that may be granted is limited to the use and
intensity shown in the application and plans submitted, and application must
receive approval in the same manner as the original application.
Sec. 20 -165. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land having
an area of not less than ten thousand (10,000) square feet in an R -1AA Single - Family Dwelling
District and eight thousand (8,000) square feet in an R -1 A Single - Family Dwelling District and such
lots or parcels of land shall have a minimum width of ninety (90) feet and seventy -five (75) feet,
respectively, at the building line.
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ARTICLE IV. PLANNED UNIT DEVELOPMENTS
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DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
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Sec. 20 -360. Control of development following approval after construction completed.
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(b) After completion of construction of the area covered by a final development plan, no
changes may be made except under the procedures provided below:
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(4) One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use, unless prohibited by the declarations, covenants,
conditions and restrictions of the homeowner's association.
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DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT
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Sec. 20 -387. Control of development following approval after construction completed.
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City of Winter Springs
Ordinance No. 2010 -08
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(b) After completion of construction of the area covered by a final subdivision plan, no
changes may be made except under the procedures provided below:
(4) One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use, unless prohibited by the declarations, covenants,
conditions and restrictions of the homeowner's association.
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Section 6. 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 7. 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 8. 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 9. 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 , 2010.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
City of Winter Springs
Ordinance No. 2010 -08
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Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Legal Ad Published:
First Reading:
Second Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2010 -08
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