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HomeMy WebLinkAbout2024 07 10 Planning and Zoning LPA Regular Meeting AgendaPLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING AGENDA WEDNESDAY, JULY 10, 2024 - 5:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Approval of the Thursday, March 7, 2024 Planning and Zoning Board/ Local Planning Agency Regular Meeting Minutes. 2024 03 07 Planning and ZoningLPA Regular Meeting Minutes.pdf PUBLIC HEARINGS AGENDA 400. Conditional Use: Accessory Dwelling Unit - 911 Tuskawilla Trail 911 Tuskawilla Trail ADU Staff Report PZB.pdf FLOOR & FOUNDATION PLANS.pdf ELEVATIONS & DETAILS & NOTES.pdf 401. Ordinance 2024-07: Amendments to Chapter 6, Buildings and Building Regulations Ordinance 2024-07 Chapter 6 Amendments.pdf 402. Ordinance 2024-08: Amendments to Chapter 20, Zoning Ordinance 2024-08 Chapter 20 Amendments.pdf REGULAR AGENDA 500. Not Used REPORTS 2 PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 3 CONSENT AGENDA ITEM 300 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | JULY 10, 2024 REGULAR MEETING TITLE Approval of the Thursday, March 7, 2024 Planning and Zoning Board/ Local Planning Agency Regular Meeting Minutes. SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Planning and Zoning Board review and approve of the Thursday, March 7, 2024 Planning and Zoning Board/Local Planning Agency meeting minutes as presented. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MARCH 7, 2024 CALL TO ORDER Chairperson Kok Wan Mah called the Thursday, March 7, 2024 Planning and Zoning Board/Local Planning Agency Regular Meeting to Order at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708.) Roll Call: Chairperson Kok Wan Mah, present Vice-Chairperson Kenneth Spalthoff, present Board Member Michael Ferrante, present Board Member Gina Shafer, present Board Member Rachel Hood, present Assistant City Attorney Kristin Eick, present Assistant City Clerk Tristin Tarrant, present Also present: Mr. Nick Tafelski, Senior City Planner, Community Development Department A moment of silence was held, followed by the Pledge of Allegiance. Chairperson Mah asked if there were changes to the agenda and, hearing none, the agenda was adopted. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Chairperson Mah opened Public Input. No one addressed the Board. Chairperson Mah closed Public Input. CONSENT AGENDA 300) Approval of the Thursday, January 4, 2024 Planning and Zoning/ Local Planning Agency Regular Meeting Minutes "I WILL MAKE A MOTION TO APPROVE THE MINUTES FROM JANUARY 4TH." MOTION BY VICE-CHAIRPERON SPALTHOFF. SECONDED BY BOARD MEMBER FERRANTE. DISCUSSION. VOTE: MAH (AYE); SPALTHOFF (AYE); FERRANTE (AYE); SHAFER (AYE); HOOD (AYE) MOTION CARRIED 5-0. 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – MARCH 7, 2024 PAGE 2 OF 2 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , | P A G E 2 OF 2 PUBLIC HEARINGS AGENDA 400) The Grove - Final Engineering1 Mr. Tafelsky gave a presentation reviewing the background of the project, the site overview, and the details of the requested changes. Questions regarding the stormwater and retention pond on the parcel were asked. Staff responded relaying the applicant will be making changes to the retention pond. Additionally, discussion on parking compliance, ADA requirements and number of beds approved. Chairperson Mah opened the Public Hearing for Item 400. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 400. Assistant City Attorney Eick gave clarification to the requested conditions for the Board. “I WILL MAKE A MOTION WE APPROVE IT GIVEN WE ADD THE ADDITIONAL CONDITIONAL USE ON EXECUTION OF THE DEVELOPMENT AGREEMENT AND OTHER CONDITION INCLUDED IN THE STAFF REPORT.” MOTION BY BOARD MEMBER HOOD. SECONDED BY BOARD MEMBER SHAFER. DISCUSSION. VOTE: MAH (AYE); SPALTHOFF (AYE); FERRANTE (AYE); SHAFER (AYE); HOOD (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500. Not Used REPORTS Staff relayed to the Board that the City has advertised for Comprehensive Planning services and that it will being coming before the Board in the future. PUBLIC INPUT Chairperson Mah opened Public Input. No one addressed the Board. Chairperson Mah closed Public Input ADJOURNMENT Chairperson Mah adjourned the Regular Meeting at 5:47 p.m. RESPECTFULLY SUBMITTED: _____________________________________ TRISTIN TARRANT ASSISTANT CITY CLERK NOTE: These Minutes were approved at the _________, 2024 Planning and Zoning Board/Local Planning Agency Regular Meeting. 1 Presentation will be attached at the end of these minutes 6 PUBLIC HEARINGS AGENDA ITEM 400 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | JULY 10, 2024 REGULAR MEETING TITLE Conditional Use: Accessory Dwelling Unit - 911 Tuskawilla Trail SUMMARY The property, 911 Tuksawilla Trail, is a single-family home located on the northern shore of Little Lake Howell. The property had a previous accessory structure located on the north side of the property, closer to the road. The accessory structure was in poor condition and at some point began to collapse in on itself due to old age. The applicant tore down the structure to ensure safety on the property. The applicant is now requesting to build a new accessory structure in the same location as the previous one, with a portion of said structure being dedicated to being an accessory dwelling unit. The applicant has affirmed that the new structure will match the façade of the existing home. The property owner has submitted signed affidavits from all members of their homeowners association’s Architectural Control Committee approving the proposed structure. All of those Committee members are also adjacent or nearby property owners. Staff felt that getting written approval from these property owners met the intent of the Community Workshop requirement in the City Code, but unfortunately was unable to waive the Community Workshop requirement because of the way that the language in the Code was written. FUNDING SOURCE RECOMMENDATION Staff recommends that the Planning & Zoning Board hold a Public Hearing and recommend approval of the Conditional Use request to construct an Accessory Dwelling Unit on the subject property. 7 PUBLIC HEARINGS AGENDA ITEM PLANNING AND ZONING BOARD Wednesday, July 10, 2024| REGULAR MEETING TITLE 911 Tuskawilla Trail – Accessory Dwelling Unit SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider a Conditional Use application to construct an Accessory Dwelling Unit on the subject property. General Information Applicant John Graham on behalf of Ryan & Ginamarie Campbell Property Owner(s) Ryan & Ginamarie Campbell Location 911 Tuskawilla Trail, Winter Springs, FL 32708 Tract Size ±5.03 acres Parcel ID Number 12-21-30-5DV-0000-0010 Zoning Designation R-1 One-Family Dwelling District FLUM Designation Low Density Residential Adjacent Land Use North: Single-family home East: Single-family home South: Little Lake Howell West: Single-family home Principal building setbacks Front plane: 25 ft. Rear: 25 ft. Side: 6 ft. Development Standards Lot Width: 60 ft. minimum Lot Depth: 110 ft. minimum Lot Coverage: 40% max. 35 ft. building height limit Development Agreement Development Agreement | ADU (pending) Code Enforcement Not applicable City Liens Not applicable Background: The property, 911 Tuksawilla Trail, is a single-family home located on the northern shore of Little Lake Howell. The property had a previous accessory structure located on the north side of the property, closer to the road. The accessory structure was in 8 P U B L I C H E A R I N G S A G E N D A I T E M | W E D N E S D A Y , J U L Y 1 0 , 2 0 2 4 | P A G E 2 O F 7 poor condition and at some point began to collapse in on itself due to old age. The applicant tore down the structure to ensure safety on the property. The applicant is now requesting to build a new accessory structure in the same location as the previous one, with a portion of said structure being dedicated to being an accessory dwelling unit. The applicant has afflrmed that the new structure will match the façade of the existing home. The property owner has submitted signed affldavits from all members of their homeowners association’s Architectural Control Committee approving the proposed structure. All of those Committee members are also adjacent or nearby property owners. Staff felt that getting written approval from these property owners met the intent of the Community Workshop requirement in the City Code, but unfortunately was unable to waive the Community Workshop requirement because of the way that the language in the Code was written. Community Workshop: As required by City Code, a Community Workshop was held on July 9, 2024. There were no objections expressed. The applicant had submitted signed approvals from all adjacent properties with the ADU application, but staff was unable to waive the Community Workshop requirement due to the language in the code. Public Notices: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately flve-hundred feet (500) of the subject property and all Homeowner’s Associations within ½ mile (15 notices) on June 26, 2024. Analysis of Conditional Use (Sec. 20-33.) Criteria: (1) Whether the applicant has demonstrated the conditional use, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and trafflc-generating characteristics, number of persons anticipated using, residing or working under the conditional use, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. Analysis: The proposed Accessory Dwelling Unit (ADU) is a portion of a proposed structure which will replace a previously existing accessory building which collapsed due to old age. The ADU will have little to no impact on the property or surrounding properties and therefore will be compatible and harmonious with the adjacent land uses. Per Sec. 6-85 of the City Code, the living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned area of the principal residents or eight hundred (800) square feet, whichever is less. Although the proposed structure is 1,500 square feet, the livable area of the proposed ADU is only 420 square feet. This 9 P U B L I C H E A R I N G S A G E N D A I T E M | W E D N E S D A Y , J U L Y 1 0 , 2 0 2 4 | P A G E 3 O F 7 calculation includes the space for the bedroom, bathroom, exercise room, and kitchen. The remainder of the building will be utilized as a garage. Sec. 6-85 also requires that the lot upon which the ADU is proposed to built is a minimum of 6,600 square feet. The subject property far exceeds that minimum requirement. The principal dwelling on the subject property also exceeds the minimum requirement of 1,350 square feet of air conditioned area. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the conditional use requested. The site shall be of sufflcient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. Analysis: The proposed ADU will have a very minimal impact on the site or surrounding properties. The applicant is not required to submit full-scale engineering plans, and is not required to provide screening, buffers, off-street parking, etc. because the proposed use is an ADU and not a new development. (3) Whether the proposed use will have an adverse impact on the local economy, including governmental flscal impact, employment, and property values. Analysis: The proposed ADU will not have an impact on the local economy. The ADU may result in an increase in the taxable value of the subject property which would in turn increase the tax revenue for the local government. (4) Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and fiood hazards. Analysis: The proposed accessory structure containing the ADU will have minimal impact on the natural environment. The location will be where there was previously an accessory structure and therefore there will not need to be signiflcant clearing in order to put up the new structure. (5) Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. Analysis: There are no known cultural or historic resources on the site. (6) Whether the proposed use will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, flre, parks 10 P U B L I C H E A R I N G S A G E N D A I T E M | W E D N E S D A Y , J U L Y 1 0 , 2 0 2 4 | P A G E 4 OF 7 and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. Analysis: The existing home on the property is served by well and septic. Given that the ADU is small and only one (1) additional dwelling unit on the site, there will not be a signiflcant impact to any public services. (7) Whether the trafflc report and plan provided by the applicant details safe and efflcient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected trafflc on the immediate neighborhood, trafflc circulation pattern for the neighborhood, and trafflc fiow through immediate intersections and arterials. Analysis: There will be a negligible impact on trafflc as the proposed ADU will utilize the existing driveway. Tuskawilla Trail is a small private road that already has minimal trafflc. (8) Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Analysis: There is not anticipated to be any impact on housing and social conditions as this is an ADU. (9) Whether the proposed use avoids signiflcant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. Analysis: There will not be any adverse odor, emissions, noise, glare, or vibrations from the site. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Analysis: This criterion is not applicable. (11) Whether the applicant has provided an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable. Analysis: This criterion is not applicable. (12) Whether the applicant has demonstrated that the conditional use and associated site plan have been designed to incorporate mitigative techniques and 11 P U B L I C H E A R I N G S A G E N D A I T E M | W E D N E S D A Y , J U L Y 1 0 , 2 0 2 4 | P A G E 5 O F 7 plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. Analysis: The proposed structure is an ADU within an accessory structure that adheres to the requirements of Sec. 6-86 and therefore will not have any adverse impacts on the surrounding properties. (13) If the proposed conditional use is a residential use, whether the elementary, middle and high schools (K—12) that will be initially assigned to the residential project by the school district at the time the city commission considers flnal approval of the conditional use have both sufflcient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient (e.g., walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the school population that will be drawn from the project, and promote and support the integration of future residents of the project into the existing city of Winter Springs community in a sustainable manner. Analysis: Given that the proposed ADU is only 1 bedroom and the applicant is only intending to use it for family guest purposes, there will not be any impact on school enrollment or capacity. (14) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The applicant agreed to and executed a binding development agreement as part of the Conditional Use approval process. Aesthetic Review 1. The plans and speciflcations of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. Analysis: The proposed building addition is proposed to be consistent with the façade of the existing home with respect to proportions, materials, colors, texture, and scale. 2. The plans for the proposed project are in harmony with any future development which has been formally approved by the city within the surrounding area. Analysis: The proposed ADU will be located where an accessory structure had previously been located on the property. Given the nature of the ADU and 12 P U B L I C H E A R I N G S A G E N D A I T E M | W E D N E S D A Y , J U L Y 1 0 , 2 0 2 4 | P A G E 6 OF 7 the fact that there was previously an accessory structure in the same location, staff feels that it will be in harmony with the surrounding area. 3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within flve hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other signiflcant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Analysis: The aesthetics of the proposed accessory building and ADU will match the existing home, which ensures that it is harmonious with the surrounding homes. The area is already built-out so there won’t be any future risk of being incompatible. 4. The plans for the proposed project are in harmony with, or signiflcantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural speciflcations and design features deemed signiflcant based upon commonly accepted architectural principles of the local community. Analysis: The proposed building has a façade that matches that of the existing home. The proposed aesthetics are in harmony with the established character of the surrounding area. 5. The proposed project has incorporated signiflcant architectural enhancements such as concrete masonry units with stucco, wrought iron, columns and piers, porches, arches, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. Analysis: The proposed accessory structure will feature hardi-plank siding and a shingle roof. The overall façade is neutral in nature and blends well with the character of the community. Applicable Law and Public Policy: Florida Statutes 163.2511-163.3246: Growth Policy; County and Municipal Planning; Land Development Regulation (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Home Rule Powers City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Sec. 6-85 Accessory dwelling units. 13 P U B L I C H E A R I N G S A G E N D A I T E M | W E D N E S D A Y , J U L Y 1 0 , 2 0 2 4 | P A G E 7 OF 7 Chapter 9, Article XII Minimum Community Appearance and Aesthetic Review Standards Sec. 20-29.1. Community workshop requirements. Sec. 20-33. Conditional Uses Staff Recommendation: Staff recommends approval of the Accessory Dwelling Unit (ADU) subject to the following conditions: 1. Approval is conditioned upon the execution of the Development Agreement and the terms and conditions contained therein. 2. The property owner shall be required to execute, record and adhere to the Declaration of Restrictions that will be recorded in the public records of Seminole County stating that: a. The ADU shall not be sold or conveyed separate from the principal residence; 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 their principal residents; 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; d. The deed restrictions shall only be removed with the express, written approval of the city, but shall lapse upon removal of the accessory unit; and e. The ADU shall not be used for commercial purposes other than being leased for residential purposes. If the ADU is leased for residential purposes, the term of such lease shall be for a minimum of six (6) months. Attachments: Site Survey Floor Plan Architectural Elevations 14 1538 1637 PUBLIC HEARINGS AGENDA ITEM 401 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | JULY 10, 2024 REGULAR MEETING TITLE Ordinance 2024-07: Amendments to Chapter 6, Buildings and Building Regulations SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends that the Planning & Zoning Board hold a Public Hearing and recommend approval of Ordinance 2024-07 to the City Commission. 17 City of Winter Springs Ordinance No. 2024-07 Page 1 of 5 ORDINANCE NO. 2024-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO CLARIFY REQUIREMENTS RELATED TO ACCESSORY BUILDINGS EXCEEDING A CERTAIN SIZE; MODIFY SETBACKS FOR SCREEN ENCLOSURES/ROOMS; MODIFY REGULATIONS RELATED TO CONSTRUCTION MATERIALS FOR FENCES AND WALLS AND REQUIRED DISTANCE FROM PROPERTY LINES; CORRECTING SCRIVENOR’S ERRORS; 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 City Commission desires to adopt miscellaneous amendments to Chapter 6, related to Buildings and Building Regulations, including those regarding accessory buildings over 240 square feet in size, setbacks for screen enclosures/rooms, and construction materials and placement of fences; and WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City’s Planning & Zoning Board/Land Planning Agency has reviewed and recommended adoption of this Ordinance at a duly held public meeting; 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; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 6 – Buildings and Building Regulations, of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code 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 – Buildings and Building Regulations denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): 18 City of Winter Springs Ordinance No. 2024-07 Page 2 of 5 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. 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 twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. (1) Detached, accessory buildings may exceed twelve (12) feet in height or the maximum size of two hundred forty (240) square feet, provided the city manager or designee determines that each of the following criteria is satisfied: a. The accessory building does not exceed one-third (⅓) of the air-conditioned square footage area of the principal structure; b. The accessory building shall replicate the design of the principal structure by use of similar exterior wall materials and colors is compatible and harmonious with the principal structure and the surrounding land uses and structures; c. The accessory building will not adversely impact land use activities in the immediate vicinity; d. The height of the proposed accessory building does not exceed the height of the principal structure; and e. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. * * * Sec. 6-86. Screen enclosures/rooms. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term "screen room" shall mean an enclosure consisting of walls 19 City of Winter Springs Ordinance No. 2024-07 Page 3 of 5 of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material. (b) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear setback requirement, the screen enclosure/room shall not be located any closer than seven (7) six (6) feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. * * * ARTICLE V. – FENCES, WALLS, HEDGES * * * Sec. 6-187. Construction materials. All fences and walls must have reasonably uniform or complimentary materials and design. Fences and walls constructed within the city shall conform to be constructed of one (1) of the following: (a) Wood fences constructed of rot-and termite-resistive species of wood or chemically pressure-treated to resist rot and termite attack damage. Wood fences shall be constructed to have the “finished” side facing outward from the property unless otherwise approved by the Community Development Department (b) Street Steel posts and wire fabric fences with fabric of a minimum of eleven gauge galvanized or other non-corrodible metal. (c) Ornamental iron. (d) Ventilated concrete, stone, or masonry. (e) Decorative PVC or aluminum, structurally sound to maintain spans. * * * Sec. 6-191. Corner lots. (a) In order to ensure visibility and safety for pedestrians, and to provide clear sight lines for traffic entering an intersection, no fence, wall or other visual obstruction shall be erected, within twenty-five (25) feet of the intersecting property line corner adjacent to the street intersection corners. (b) When the side of the principle principal structure on a corner lot faces a road right-of-way on which adjacent dwellings have frontage, then any fence located on the corner lot shall be 20 City of Winter Springs Ordinance No. 2024-07 Page 4 of 5 subject to the height limitations set forth in section 6-190(a) to permit a clear field of visibility for pedestrians and/or vehicles entering or exiting the adjacent property. * * * Sec. 6-193. Distance from property line. Reserved Fences, walls or other visible obstructions must be at least three (3) inches from property lines, except adjacent property owners may connect or otherwise attach their respective fences and walls in order to eliminate any gap or space between the fences and walls. The property owner's mutual written consent must be provided on a form acceptable to the city prior to the city permitting any such connection or attachment. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or 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 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______________, 2024. Kevin McCann, Mayor 21 City of Winter Springs Ordinance No. 2024-07 Page 5 of 5 ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: _______________________________ Anthony A. Garganese, City Attorney Legal Ad: First Reading: Legal Ad: Second Reading: 22 PUBLIC HEARINGS AGENDA ITEM 402 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | JULY 10, 2024 REGULAR MEETING TITLE Ordinance 2024-08: Amendments to Chapter 20, Zoning SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends that the Planning & Zoning Board hold a Public Hearing and recommend approval of Ordinance 2024-08 to the City Commission. 23 City of Winter Springs Ordinance No. 2024-08 Page 1 of 13 ORDINANCE NO. 2024-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 20, ZONING, OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO MODIFY AND ADD NEW DEFINITIONS; MODIFY LAND USE PROCEDURES RELATED TO NOTICING, APPLICATIONS REQUIREMENTS, AND COMMUNITY WORKSHOPS; ADJUST THE TRANSECT STANDARDS WITHIN THE TOWN CENTER DISTRICT; CLARIFY ANIMALS THAT MAY BE KEPT IN CERTAIN RESIDENTIAL ZONING DISTRICTS; CLARIFY THE REQUIREMENTS FOR NEW BUILDINGS WITHIN THE SR 434 CORRIDOR OVERLAY DISTRICT; CORRECTING SCRIVENERS ERRORS; 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 City Commission desires to adopt multiple miscellaneous updates to the City’s zoning regulations, including those related to notices, application requirements, and community workshops; Transect standards within the Town Center District; animals that may be kept in certain residential zoning districts; and requirements for new buildings within the State Road 434 Corridor Overlay District; and WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City’s Planning & Zoning Board/Land Planning Agency has reviewed and recommended adoption of this Ordinance at a duly held public meeting; 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; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 20 - Zoning, of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code 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 – Zoning denoted by the asterisks and set 24 City of Winter Springs Ordinance No. 2024-08 Page 2 of 13 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 building. A building which is clearly incidental or subordinate to and customarily utilized adjacent to and in connection with in area, extent or purpose to a principal building or principal use located on the same lot and which contributes to the comfort, convenience, or necessity of the occupants of the principal structure or principal use served . 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 section 6-84. Accessory buildings.) * * * Breezeway. A covered passageway which connects a principal structure and a proposed addition. No breezeway may exceed thirty five (35) feet in length. * * * ARTICLE II. – ADMINISTRATION DIVISION 1. – PROCEDURE; LAND USE DECISIONS * * * Sec. 20-28. Due process; special notice requirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) Within five (5) business days of filing with the city or as soon as practicable, applications filed under this division shall be publicly posted on the city's website on a web page reserved for identifying pending land use applications. (c) In addition to any notice requirements provided by state law, all public hearings under this division shall be publicly noticed for at least seven (7) calendar days prior to any required 25 City of Winter Springs Ordinance No. 2024-08 Page 3 of 13 planning and zoning board hearing and at least twenty (20) calendar days prior to any required city commission hearing unless otherwise provided by subsections (e) and (f). Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property on a sign form provided by the city. (2) Posting at city hall. (3) Except where otherwise specified in the Code of Ordinances, notifying Notifying, by U.S. mail, all owners of real property adjacent to and within approximately five hundred (500) feet of the subject property based on the information contained in the property appraiser's or similar property database. In addition, all neighborhood homeowner's associations registered with the city and located within one-half-mile of the property shall likewise be provided notice by U.S. mail. Said mailing shall only be required for the initial public hearing and shall not be required for hearings that are continued to a date certain by the planning and zoning board or city commission. (4) Posting on the city's website and social media platform. The notice requirements set forth in subsections (1), (2), (3), and (4) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this division. (d) All public hearings under this division at which the city commission will render a final decision regarding site plans, rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals shall be scheduled a minimum of fourteen (14) calendar days following the planning and zoning board's public hearing on the application, except in circumstances where the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time and considers an application without the planning and zoning board's recommendation. (e) Public hearings initially noticed as required by this section and then continued by the planning and zoning board or city commission may be continued to a date certain without compliance with the minimum seven (7) and twenty (20) calendar day requirement. (f) Applications regarding an existing single-family home shall be publicly noticed for at least seven (7) calendar days prior to any required planning and zoning board or city commission hearing, and shall not require posting of the affected property. * * * Sec. 20-29. Applications. (a) The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this division. At a minimum, applications for conceptual plan review shall require payment of an applicable application fee adopted by the city commission. Applications for non-binding conceptual plan review shall contain the information required by subparagraphs (1) through (6), site layout and building elevation designs in schematic or sketch form, and such other preliminary information deemed 26 City of Winter Springs Ordinance No. 2024-08 Page 4 of 13 necessary by the applicant or city staff to describe the development concept and the potential on- and off-site impacts of the proposed development. Additionally, all applications for site plans, rezonings, variances, conditional uses, waivers, and binding development agreements including binding conceptual plan approval, shall be accompanied by the applicable application fee adopted by the city commission and shall contain the following information which shall be considered by the city when evaluating the applicable review criteria: (1) A general description of the relief sought under this division. (2) A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in this division. (3) The name(s) of the owner(s) of the particular real property. (4) If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the particular real property shall be attached. (5) The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the particular real property. (6) The current and future land use and the zoning designations on the real property. (7) For all new commercial development, new residential subdivisions of ten (10) or more lots, conditional uses, waiver, variance, existing commercial buildings being altered by fifty (50) percent or greater of the original floor area or seating capacity and requiring a modified site plan, or development agreements processed under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the City Code and the effect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the application the following information except as provided by subsection (11): a. A current up-to-date tree survey and tree preservation and landscape plan; b. A site plan, drawn to scale, which shall indicate: 1. Building elevations illustrating all side of structures, floor plans, locations and orientations, and landscape areas; 2. Ingress and egress, emergency access, parking locations and number of spaces, sidewalks and pedestrian and vehicle circulation within the site; 3. If applicable, stacking/queuing of vehicles, drop off zones, truck/delivery areas, bike rack locations, and connections to adjacent properties; 4. Paved surfaces, materials and location(s); 5. Site location diagram and legal description; 6. Signage; 7. Wetland and floodplain boundaries; 27 City of Winter Springs Ordinance No. 2024-08 Page 5 of 13 8. Screening, buffering and lighting plans; and 9. Such other relevant information regarding the proposed site. c. A parking analysis, prepared by a duly qualified expert, justifying the proposed parking solution; d. An economic fiscal impact report, prepared by a duly qualified expert, in compliance with the requirements set forth in the city's comprehensive plan and Code, if applicable and required by the city; e. A traffic study and analysis, prepared by a duly qualified expert, regarding both the estimated impact of the proposed project on the neighborhood and surrounding properties and the established level of service on affected roads; f. A stormwater management plan; g. A noise study to analyze current and proposed noise levels as well as methods of sound attenuation, if applicable and required by the city. (8) If a residential development is proposed, a school concurrency letter from the school district, if applicable, and the proximity and transportation routes of the proposed development to the elementary, middle and high schools assigned by the school district. (9) If the proposed development has the potential to discharge noxious odors or pollutants, an odor or pollution study, prepared by a duly qualified expert, regarding the proposed project's estimated odor or pollutant impact on the neighborhood, surrounding properties and the environment. (10) Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the city to determine whether or not the proposed development is in compliance with the city's comprehensive plan and Code. (11) The application requirements set forth in subsection (7) shall only apply to existing single-family homes, conditional uses, waivers, and variances if the city determines that such information is necessary for the city to relevantly and competently evaluate an application for compliance with the City Code and the effect and impact the proposed application will have on neighborhood and surrounding properties using applicable review criteria. (12) Application requirements for administrative appeals are governed by section 20-35 of the City Code. (b) Incomplete applications will not be processed and presented to the planning and zoning board and city commission, or if inadvertently presented to said board and city commission, the board and city commission may require the applicant to complete the application if deemed necessary before proceeding with final review of the application. Applicants will be provided written notice of incomplete applications and be afforded a reasonable opportunity to sufficiently complete an application before an incomplete application is deemed rejected and returned by the city staff. If an application is deemed incomplete and the applicant fails to complete it within ninety (90) days of written notice from the city, the city shall have the right, by providing written notice to the applicant, to deem the application withdrawn by the 28 City of Winter Springs Ordinance No. 2024-08 Page 6 of 13 applicant. Extensions of time may be granted by the city for good cause shown. Applications deemed withdrawn shall not be processed and the application fee shall be deemed forfeited. Withdrawn applications may be refiled in complete form and payment of the applicable application fee. (c) All site plans, rezonings, variances, conditional uses, waivers, limited administrative waivers, and appeals approved herein shall be binding on the use of the property. As a condition of approval by the city commission, all development projects requiring a community workshop pursuant to section 20-29.1 of the City Code, shall be required to be memorialized in a binding development agreement which shall be executed by the city and property owner. If the applicant is a developer, the developer shall be required to execute the binding development agreement subject to closing and acquiring the property. The agreement shall be recorded against the property so that the terms and conditions of approval related to the development project or conditional use shall run with the land. Sec. 20-29.1. Community workshop requirements. (a) For all new commercial development, new residential subdivisions of ten (10) or more lots, conditional uses (except for accessory dwelling units), existing commercial buildings being altered by fifty (50) percent or greater of the original floor area or seating capacity and requiring a modified site plan, or development agreements processed under section 20-28.1 of the City Code, the applicant shall be responsible for conducting a community workshop to inform neighboring property owners of the proposed application and answer questions relevant to the proposed application. At a minimum, preliminary demonstrative concept plans, development schedules, and specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, new roads, and other primary features and amenities shall be presented to the public. The workshop shall be held in a location identified by the applicant and approved by the city, which shall be generally near the subject property, and shall be held in a facility that is ADA compliant. At the applicant's expenses, the city shall provide notification by mail to all owners of property located within five hundred (500) feet of the subject property and to all neighborhood homeowner's associations registered with the city and located within one-half-mile of the property. The city manager or designee shall provide mailing labels to the applicant. The city shall mail these notices with proper postage at least twenty (20) calendar days before the workshop date, and provide proof of same to the city manager or designee. The city shall also publish notice on the city's website and social media platform at least twenty (20) calendar days before the date of the workshop. The community workshop shall take place at least thirty (30) days prior to the application being presented to the planning and zoning board for review. (b) The workshop date and time shall be scheduled in coordination with the city and shall start between 6:00 p.m. and 8:00 p.m. on a weekday or with the approval of the city manager or designee between 9:00 a.m. and 5:00 p.m. on a weekend. All required workshops shall be held after the submittal of the application warranting the community workshop but at least thirty (30) days prior to the application being presented to the planning and zoning board for review. prior to submittal of the application with the exception that applications Applications for a non-binding and preliminary review, without a development agreement, under section 20-28.1 shall not require a workshop. The applicant shall be required to 29 City of Winter Springs Ordinance No. 2024-08 Page 7 of 13 schedule an additional workshop if the initial workshop has occurred more than six (6) months prior to submittal of the application, or the applicant's initially proposed plans have substantially and materially changed from the initial workshop or the city commission determines that an additional workshop is required before making a final decision on any related application. * * * ARTICLE III. – ESTABLISHMENT OF DISTRICTS DIVISION 12. – TOWN CENTER DISTRICT CODE * * * Sec. 20-325. Transect standards. * * * T3 (Suburban Zone) (2) Dimensional requirements. Applications are subject to standard administrative provisions in section 20-321 of this Code. Lot Design Guidelines Lot orientation Lot width 30 ft. min., 100 ft. max. Lot depth 50 ft. min., 175 ft. max. Lot coverage (building footprint) 60% max., or 4,000 sf. max. footprint Principle Principal building setbacks (from property line) Front 10 ft. min. (from front property line) Rear 3 ft. min. (from rear property line) 6 ft. max. Side*** 0 ft. or 3 ft. min. (from side property line) Frontage buildout* 40% minimum at setback Accessory building setbacks Front 20 ft. min. + building setback (from front property line) Rear 3 ft. min. (from rear property line) Side 0 ft. or 3 ft. min. (from side property line) Building height**** Principle Principal 3 stories max—1 story minimum** Accessory 2 stories maximum Private frontages Common yard Permitted Porch & fence Permitted Terrace/light court Prohibited Forecourt Prohibited 30 City of Winter Springs Ordinance No. 2024-08 Page 8 of 13 Stoop Prohibited Shopfront, awning & balcony Permitted Gallery Prohibited Arcade/colonade colonnade Permitted * Irregularly shaped lots may vary from the frontage buildout standard upon recommendation of the Development Review Committee (DRC). ** There shall be a one-foot minimum raised first floor height above the sidewalk for residential uses. ***Side setbacks may be zero (0) feet for townhome lots. All other lot types shall maintain a three-foot side setback. ****Height is generally limited by the number of stories, not the overall height, in order to provide for a variety of building heights. Buildings shall have no more than 16-foot floor to floor heights. * * * T4 (General Urban Zone) (2) Dimensional requirements. Applications are subject to standard administrative provisions in section 20-321 of this Code. Lot Design Guidelines Lot orientation Lot width 18 ft. min., 90 ft. max. Lot depth 50 ft. min., 150 ft. max. Lot coverage 70% max Principle Principal building setbacks (from property line) Front 4 ft. min.—18 ft. max (from front property line) Rear 3 ft. min. (from rear property line) Side 0 ft. or 3 ft. min. (from side property line) Frontage buildout (building footprint) 60% minimum at setback Accessory building setbacks Front 20 ft. min. + building setback (from front property line) Rear 3 ft. min. (from rear property line) Side 0 ft. or 3 ft. min. (from side property line)* Building height*** Principle Principal 2 stories min., 4 max.** Accessory 2 stories max. Private frontages 31 City of Winter Springs Ordinance No. 2024-08 Page 9 of 13 Common yard Permitted Porch and fence Permitted Terrace/light court Permitted Forecourt Permitted Stoop Permitted Shopfront, awning and balcony Permitted Gallery Permitted Arcade/ colonade colonnade Permitted * Side setbacks may be zero (0) feet for large mixed-use building lot, mixed-use building lot, small mixed-use building lot, townhome lot, and apartment building lot. All other lot types shall maintain a three-foot side setback. ** First floor height (finished floor) shall be a minimum of twenty-four (24) inches above sidewalk grade for residential uses. ***Height is generally limited by the number of stories, not the overall height, in order to provide for a variety of building heights. Buildings shall have no more than 16-foot floor to floor heights, except that first floors may be up to 20 feet. * * * T5 (Urban Center Zone) (2) Dimensional requirements. Applications are subject to standard administrative provisions in section 20-321 of this Code. Lot Design Guidelines Lot orientation Lot width 18 ft. min., 180 ft. max. Lot depth 30 ft. min., 160 ft. max. Lot coverage 100% max. Principle Principal building setbacks (from property line) Front/principle principal plane 25 ft. 50 ft. max (from front property line). The minimum required front setback shall be the average of the front setback of the two developed lots abutting each side of the property. When one or more of the abutting lots is vacant, the next developed lot on the same block shall be used. When there is only one abutting lot on the same block face, it shall be used in this calculation. Rear 15 ft. (from rear property line) Side 5 ft. min, 100 ft. max. (from side property line) 32 City of Winter Springs Ordinance No. 2024-08 Page 10 of 13 Frontage buildout 20% min. (at front setback) Accessory building setbacks Front 20 ft. min. + building setback (from front property line) Rear 15 ft. min. (from rear property line) Side 5 ft. min. (from side property line) Building height** Principle Principal 2 stories min., 5 stories max.* Accessory 2 stories min. Private frontages Common yard Prohibited Porch and fence Permitted Terrace/light court Permitted Forecourt Permitted Stoop Permitted Shopfront, awning and balcony Permitted Gallery/arcade/colonade Permitted * First floor height (finished floor) shall be a minimum of twenty-four (24) inches above sidewalk grade for residential uses. ** Height is generally limited by the number of stories, not the overall height, in order to provide for a variety of building heights. Buildings shall have no more than 16-foot floor to floor heights, except that first floors may be up to 20 feet. * * * ARTICLE V. – SUPPLEMENTAL DISTRICT REGULATIONS DIVISION 1. – GENERALLY * * * Sec. 20-413. Animals. No one shall keep the following animals in R-1, R-1A and R-1AA residential zone areas: Horses, cows, pigs, chickens, geese, goats or any other fowl or livestock, other than household pets. * * * DIVISION 2. – MOTOR VEHICLES 33 City of Winter Springs Ordinance No. 2024-08 Page 11 of 13 Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. In order to protect and promote the public health, safety and welfare, and among other purposes, to provide light, safety from fire, safety from other damages and to protect property owners from certain general nuisances associated with the unregulated parking, storage or maintenance of certain vehicles, the parking, storage or maintenance of certain vehicles as herein specified in the areas herein specified are prohibited except as herein provided: * * * (3) Definitions. As used in this section, the following words are to be interpreted as having their commonly accepted meanings as well as the following specific definitions. If the two (2) definitions are in conflict, the definition provided herein is to prevail: * * * i. Residentially zoned districts. Any residential district as identified in Chapter 20, Article III sections 20-101, 20-121, 20-141, 20-161, 20-181, and 20-206. Such districts to include but not be limited to: R-U, R-1AAA, R-C1, R-1AA, R-1A, R-1 and R-3. * * * ARTICLE VI. – S.R. 434 CORRIDOR OVERLAY DISTRICT * * * DIVISION 2. – GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA * * * Sec. 20-464. Building height. Proposed buildings greater that three (3) stories in height shall require conditional use review and permit. However, no building shall exceed five (5) stories in height. For the purpose of these design standards, building height shall be measured from ground level to the highest point of the coping of a flat roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural features may be erected to a height greater than any limit prescribed in this Code provided, each feature does not exceed six hundred (600) square feet in area and does not extend more than thirty (30) feet above the designated height limit. Building height is measured as the vertical distance from the lowest point on the tallest side of the structure to the top of the cornice, eave or similar architectural feature. Subject to aesthetic review approval, buildings greater than three (3) stories must have a building step-back consisting of an architectural design element that is applied to each story above three (3) stories of the development. A step back requires that any portion of a building above three (3) stories is further pushed-in towards the center of the property for purposes of reducing the scale of the building and enhancing its aesthetic character while exposing and emphasizing the ground-level elements of a structure, increasing views of 34 City of Winter Springs Ordinance No. 2024-08 Page 12 of 13 surroundings areas, and increasing solar and wind pass through. A step back required under this section shall be no less than five (5) feet in depth. * * * Sec. 20-468. Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000) square feet should be built with the following special limitations: (a) Where practical, buildings shall include doors and windows facing the right-of-way and shall also incorporate unique fenestration and architectural elements to create a more aesthetically pleasing façade and to prevent large blank walls. should have the appearance of being wrapped in a liner of smaller buildings with doors and windows facing the right-of-way or parking area. This will be a primary consideration for staff as aesthetic review for buildings are considered pursuant to Chapter 9, Article XII of this Code. (b) To encourage use by pedestrians and decrease the need for solely auto-oriented patronage, large-footprint buildings must provide a connected system of walkable street frontages to adjacent buildings and outparcels. (c) Where possible, loading docks, service areas and trash disposal facilities shall not face rights-of-way or residential areas. Where it is not possible to meet this requirement, adequate buffering/screening shall be provided. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or 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 upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. 35 City of Winter Springs Ordinance No. 2024-08 Page 13 of 13 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of______________, 2024. Kevin McCann, Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: _______________________________ Anthony A. Garganese, City Attorney Legal Ad: First Reading: Legal Ad: Second Reading: 36 1637 1538