HomeMy WebLinkAboutOrdinance 2006-08 Incompatible with Existing Buildings
ORDINANCE NO. 2006-08
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA; PRESERVING AND PROTECTING EXISTING
RESIDENTIAL PROPERTIES FROM ADDITIONS,
MODIFICATIONS, AND EXPANSIONS OF STRUCTURES
AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN
HARMONY WITH EXISTING BUILDINGS AND
STRUCTURES AND THE SURROUNDING
NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE
SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING
ORDINANCES DURING THE TERM OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE,
AND A SIX (6) MONTH SUNSET PROVISION.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to
adopt emergency ordinances by two-thirds vote; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, through the years, numerous deed restricted residential communities have been
permitted and developed within the City of Winter Springs; and
WHEREAS, it is apparent from reading the various deed restrictions recorded in the public
records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the
character ofthe residential communities by prohibiting uses and structures that are incompatible with
residential areas; and
WHEREAS, over the years, the City has relied on these private deed restrictions to provide
homeowners with regulatory protection that preserves the character and harmony of residential areas;
and
City of Winter Springs
Ordinance No. 2006-08
Page I
WHEREAS, because of this reliance, the City has not historically had reason to impose
numerous other legislative land use restrictions on existing residential communities within the City,
especially in older existing subdivisions that are designated Planned Unit Development like
Tuscawilla and Oak Forest; and
WHEREAS, in particular and by way of example of this reliance, the City Commission has
previously exempted existing single family residences from the Minimum Community and Aesthetic
Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because of the existence
of the private deed restrictions; and
WHEREAS, it has come to the attention ofthe City Commission that some of the older deed
restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their
deed restrictions to expire under the Florida Market Record Title Act; and
WHEREAS, the expiration of the private restrictions have left some residential communities
without any significant regulatory mechanism to protect and preserve the residential character of
such communities, especially with respect to additions, modifications, and expansions of existing
single family residences; and
WHEREAS, as a result, the expired private restrictions have potentially exposed some
residential communities to buildings and structures that are incompatible to existing single family
neighborhoods and such incompatible buildings and structures may have an adverse impact on the
quality of residential areas and upon property values; and
WHEREAS, on April 10, 2006, having considered the possible wide ranging negative
impact ofthe expired private deed restrictions on the residential character of some areas within the
City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an
ordinance which will establish a comprehensive regulatory scheme that will require all additions,
modifications, and expansions of structures within residential areas to be aesthetically compatible
and in harmony with the surrounding neighborhood and with the residential character thereof; and
WHEREAS, the new ordinance will also likely preclude garages that are not constructed in
a manner that is compatible with typical residential construction techniques including, but not
limited to, size, materials, and height; and
WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City
Commission will take additional time and public hearings before adoption; and
WHEREAS, in the interim, the City Commission hereby deems that the expiration of some
of the private deed restrictions poses a serious risk to the residential character of the community and
City of Winter Springs
Ordinance No. 2006-08
Page 2
therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate
action by the City Commission to safeguard residential communities; and
WHEREAS, the City Commission hereby finds that the preservation of residential
communities serves a substantial governmental interest; and
WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions
of structures within residential areas, the City Commission hereby finds that interim regulations must
be enacted by the City Commission until such time that a comprehensive regulatory scheme can be
completed to protect the residential communities within the City of Winter Springs; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2.
Interim Residential Compatibility and Harmony Regulations.
(A) It is the intent of these interim regulations to promote and protect existing residential
developments by prohibiting additions, modifications, and expansions of structures and buildings
that are incompatible and not in harmony with the subject property and with the surrounding
neighborhood. These regulations shall apply to existing residential land uses and residential
principal and accessory buildings and structures located thereon or infill residential development
projects on vacant lots within established residential developments.
(B) Before any building permit is issued for the addition, modification, and expansion of any
building or structure on a residential lot, the city manager or his designee shall consider and review
the plans and specifications to determine whether or not the proposed addition, modification, and
expansion is compatible and in harmony with existing buildings and structures on the subject
property and with the surrounding neighborhood. Compatibility and harmony shall be determined
based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity,
balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion.
Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that
significantly enhances the established residential character of other buildings and structures on the
subject property and within the surrounding neighborhood in accordance with the review criteria
City of Winter Springs
Ordinance No. 2006-08
Page 3
stated above and commonly accepted architectural principles of the local community.
(C) If the city manager or his designee determines that the addition, modification, and
expansion is not compatible and in harmony, the building permit application shall be denied on that
basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal
shall be filed with the city manager in writing within five (5) calendar days of the denial. Upon
review of the appeal, the city commission shall render a final decision on the issue of residential
compatibility and harmony. All decisions of the city commission shall be considered final and shall
be subject to appeal to a court of competent jurisdiction pursuant to law.
(D) These regulations are supplemental and in addition to all other applicable provisions of
the City Code. To the extent that these regulations conflict with any other provision of the City
Code, these regulations shall prevail and apply.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
Section 5. Sunset Provision. This Ordinance shall sunset six (6) months after the
effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this
Ordinance shall be automatically repealed and shall no longer be in effect.
{Adoption Page Follows}
City of Winter Springs
Ordinance No. 2006-08
Page 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 22nd day of May , 2006.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Effective Date: See Section 4.
City of Winter Springs
Ordinance No. 2006-08
Page 5