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HomeMy WebLinkAboutOrdinance 2024-08 Amending Chapter 20; ZoningORDINANCE 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 Citys 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 Districts and WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City's Planning &Zoning Board/Lall 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 frilly 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 strllc-€e�tt 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 City of Winter Springs Ordinance No. 2024-08 Page 1 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 te—a�l ;;ust,,,,,.,rily „tilize a djaee t t and ineet; r 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. Nvhen an aeeessory 3ttilding is attaebed to a prineipal structure by a breezeway, passage oF otherwise, it shall become a part of the principal strueture and shall be subjeot to the required setbacks of the prineipal Breezeway. A covered passa�y 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 City of Winter Springs Ordinance No. 2024-08 Page 2 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 thea cte property on a sign form provided by the city. (2) Posting at city hall. (3) 1 xcept where otherwise specified in the Code of Ordinances, notifying lalo4y-ing, 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 maybe 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 City of Winter Springs Ordinance No. 2024-08 Page 3 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 names) of the owners) 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, new multi -family residential development, 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 (I I): 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; City of Winter Springs Ordinance No. 2024-08 Page 4 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, waivers2 Ord variances, and new multi -family residential development of ten (10) units or less 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 City of Winter Springs Ordinance No. 2024-08 Page 5 of 13 right, by providing written notice to the applicant, to deem the application withdrawn by the 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, cononal 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 often (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 b• t�pplicant 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 shall mail these notices with proper postage at least twenty (20) calendar days before the workshop date, andprovide proof of same to the e t., ma-nageF of 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 City of Winter Springs Ordinance No. 2024-08 Page 6 of 13 under section 20-28.1 shall not require a workshop. The applicant shall be required to schedule an additional workshop if �s�ee�e4 eeM _ � ne�f et submittal of the e-atianTer 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, i ARTICLE III. —ESTABLISHMENT OF DISTRICTS DIVISION 12. —TOWN CENTER DISTRICT CODE Sec. 20-325. Transect standards. T3 (Suburban Zone) (2) Dimensional i�ega�i��ements. 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., of 4,000 sP ., ax f etp Principal buildingsetbacks Front 10 ft. min. «•^m 40nt Property fine -)Rear 3 ft. min. (f+om F,• o*ft .,1xi„e) 6 . max . Side*** 0 ft. or 3 ft. min, Frontage buildout* 40% minimum at setback Accessorybuildingsetbacks Front 20 ft. min. + building setback (40M 40fit Property line) Rear 3 ft. min. (ftom Ferty4 ne Side 0 ft. or 3 ft. min. (ftofn side PI Buildingheight**** Prineiple Princi al 3 stories max ** Accessory2 stories maximum Private fronts es Common and Permitted Porch & fence Permitted Terrace/light court Prohibited City of Winter Springs Ordinance No. 2024-08 Page 7 of 13 City of Winter Springs Ordinance No. 2024-08 Page 7 of 13 Forecourt Prohibited Stoop Prohibited Sho front, awning & balcony Permitted Gallery Prohibited Arcade/^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 maybe zero f01 feet for townhome lots. All other lot tubes 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 1646ot floor to floor heights, T4 (General Urban Zone) (2) Ditnefzsional regziire�neizts. 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 Princi al buildin setbacks Front 4 ft. min.-18 ft. max (f+em ant property Rear 3 ft. min. (from rear propeAy4itie) Side 0 ft. or 3 ft. min. Frontage buildout (building footprint) 60% minimum at setback Accessory building setbacks Front 20 ft. min. + building setback Rear 3 ft. min. Side 0 ft. or 3 ft. min. (ft:am side pr-apet*�y line) Building height*** Pri w4p,le Principal 2 stories min., 4 max. Accessory 2 stories max. City of Winter Springs Ordinance No. 2024-08 Page 8 of 13 Private frontages Common yard Permitted Porch and fence Permitted Terrace/light court Permitted Forecourt Permitted Stoop Permitted Sho front, awning and balcony Permitted Gallery Permitted Arcade/ ecolonnade Permitted *Side setbacks maybe zero (0) feet for large mixed -use bung lot, mixed -use bung 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 isgenerally 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 1640ot floor to floor heights, except that first floors may be up to 20 feet. TS (Urban Center Zone) (2) Dimensional f°equir•ements. 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. PyhwiplePrinci al building setbacks Front/prinei& principal plane 25 ft. 50 ft. max «^m fmLl* r� ^„��'� ' ^�'. 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. minimum k4on eA ' � n e) City of Winter Springs Ordinance No. 2024-08 Page 9 of 13 Side 5 ft. min, 100 ft. max. Frontage buildout 20% min. at front setback Accessory building setbacks Front 20 ft. min. + building setback ( rem fr-on Rear 15 ft. min. (f+om rear p.r-oper-ty line) Side 5 ft. min. (f+em side pFopeFty line) Building height" Princi al 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 Sho front, awning and balcony Permitted Gal ler /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 buildin�leights. Buildings shall have no more than 1646ot 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-lAA residential zone areas: Horses, cows, pigs, chickens, geese, goats or any other fowl or livestock; ^+'���• *'��^'^^��'��'�' City of Winter Springs Ordinance No. 2024-08 Page 10 of 13 DIVISION 2. — MOTOR VEHICLES Sec. 0-It. Parking, storage or maintenance of certain vehicles prohibited in residentially i zoned dstricts. 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 dist��icts. Any residential district as identified in Chapter 20, Article III sections 20-11120 i 2 i z0 14�-P 16n 0 i Qom , and 20 206. Such districts to include but not be limited to: R-U, R-1 AAA, R-C 1, R-1 AA, R-1 A, 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 City of Winter Springs Ordinance No. 2024-08 Page 11 of 13 while exposing and emphasizing the ground -level elements of a structure, increasing views of 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. 20-4b8. 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 facin the right-of-waX and shall also incoMorate unique fenestration and architectural elements to create a more aesthetically pleasing faQade and to prevent large blank walls. should have �;the,. ,.'�+ of T, <%., ^ ,,,. _ ��;n^ a•This will be a prim ary mary 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. City of Winter Springs Ordinance No. 2024-08 Page 12 of 13 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the Zco m day of ,,� w f , 2024. ATTEST: Christian Gowan, City Clerk APPROVED TO LEGAL FORM AND SUF CI NCY FOR THE CITY OF WIN(EWWi INGS ONLY. A. Garganese, City Attorney Legal Ad: First Reading: Legal Ad: Second Reading: Kevin McCann, Mayor City of Winter Springs Ordinance No. 2024-08 Page 13 of 13 �, f�11JGS ! 4 . cr) [. 00 J� GO 3F�11�Q�-�C