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Home My WebLink About2009 04 13 Public Hearing 501 Second Reading Ordinance 2009-04 Setback RequirementsCITY COMMISSION AGENDA ITEM 501 Consent Information Public Hearin X Re r April 13, 2009 Meeting M r. /De t. REQUEST: The City Attorney's Office and Community Development Department requests that the City Commission hold a public hearing for the second reading of Ordinance No. 2009- 04, which revises the building setback requirements for zero lot line developments within the PUD zoning district. PURPOSE: The purpose of this agenda item is to hold a public hearing for second reading of Ordinance No. 2009-04, regarding modification of the building setbacks for zero lot line development within PUDs. APPLICABLE REGULATIONS: Florida Municipal Home Rule Powers Act Subsection 166.041 (3) (c), Florida Statutes Florida Building Code Winter Springs Charter, Section 4.15 Ordinances in General Section 6-85. Screen enclosures. Section 6-86. Minimum setback requirements within PUD zoning districts. CONSIDERATIONS: The process leading up to the current situation evolved through a series of events over a number of years. Staff believes that the following dialog regarding both the pertinent terminology (e.g. what is "zero-lot-line" and what is a screen room is, vs. a porch) and regulations may foster a better understanding of what we have and how we got it. The City contains a number of older PUDs, which do not have development agreements (basically a contract between the City and the developer). For a number of these PUDs, the regulations for setbacks and a number of other important regulations were set forth only in the deed restrictions or homeowner documents. Previous staff actively enforced the homeowner documents, although the City Attorney has generally advised the current staff to not enforce these deed restrictions. The residents of some subdivision homeowner associations have allowed their HOAs and deed restrictions to lapse, further complicating the issue. April 13, 2009 Public Hearing Item 501 Page 2 1. Zero-lot-line: The City Code does not define the term "zero-lot-line," although there are a number of good definitions available. One definition that staff believes to be appropriate reads as follows: "A development option in which side yard restrictions are reduced and the building abuts a side lot line. Overall unit densities are therefore increased. Zero-lot-line development can result in the increased protection of natural resources." Two (2) adjacent zero-lot-line homes may or may not share a common wall. Issues pertinent to zero-lot-line development are maintenance of adequate drainage, room to do maintenance on the buildings' exteriors, easements, and life/safety codes (fire and building codes) that require buildings to be separated according to their construction type, materials, and area of openings (e.g. doors and windows). 2. Screen Enclosures: Prior to 2002, the City Code permitted screen enclosures over swimming pools to be constructed closer to the rear property line than other attached structures, but required that they be over a swimming pool, as defined in Chapter 6 of the City Code. In October of 2002, the City responded to a request to construct a screen enclosure that would not be constructed over a swimming pool, bypassing Ordinance No. 2002-31, which removed screen enclosures from under the rubric of swimming pools within Chapter 6 of the City Code. The new Section 6-85 clearly defines a screen enclosure as having and maintaining a mesh covering (roof), not smaller than twenty (20) by twenty (20) mesh or larger than eighteen (18) by fourteen (14) threads per inch. Any modification that, for example, added an impervious roof or impervious sides, required the structure to meet the principal building setbacks for applicable zoning district. Screen enclosures were required to meet all applicable front and side building setbacks, but were permitted within seven (7) feet of the rear property line (assuming no conflicting easements). 3. Minimum PUD building setbacks: The City found itself with building setback variance requests within some of the established Planned Unit Developments (PUDs), where it was determined that the City had no authority (other than applicable life-safety codes) to maintain minimum building setbacks - if a variance or waiver were granted by the applicable homeowners' association. The Commission determined that, under their existing regulations, they could regulate the location of accessory structures and screen enclosures, but were unable to regulate the location of a primary structure within certain PUDs within the City. In response, the City Commission adopted Ordinance No. 2004-31, which set forth minimum building setbacks within PUDs in Section 6-86. This included minimum setbacks for zero lot line developments (25' front, l0' rear, 5' on one side, and 25' for all corner sides). If there were a conflict between the minimum setback requirements and existing approved deed restrictions occurred, the more restrictive apply. The City Attorney has opined that if the deed restrictions have expired, the minimum setbacks in Section 6-86 apply. If the building setbacks were set forth on a plat, within a development agreement, or within a settlement agreement, these would take precedent over the minimum setbacks in Section 6-86. 2 April 13, 2009 Public Hearing Item 501 Page 3 4. Relief from the existing code: Various affected parties have complained that the current minimum PUD building setback regulations, which are more stringent than their deed restrictions, inhibit them from more fully developing and enjoying their property - in the manner in which their neighbors were allowed to do. The Code allows two (2) relief mechanisms, short of amending the Code: (a) a variance, which costs $500 and requires that applicant to demonstrate compliance with all of 7 very stringent criteria and (b) a waiver, which costs $500, but requires the applicant to demonstrate first that the applicable code requirement clearly creates an illogical, impossible, impractical, or patently unreasonable result and then demonstrate consistency with all of six (6) additional criteria (which are difficult, but not as difficult to demonstrate as the variance criteria). 5. Request: Various property owners at Casa Park Villas have written letters expressing their concern regarding the ramifications of Section 6-86 on their properties. They note that those properties without existing porches may be precluded from obtaining a building permit, based on the Code. They note that such porches were permissible, prior to the adoption of Ordinance No. 2004-31 (which set forth minimum building setbacks within PUDs). Owners of other zero lot line homes have also expressed discontent with the provisions of Section 6-86. 6.Ordinance No. 2009-04: The proposed Ordinance No. 2009-04 allows building within three (3) feet of a rear property line in zero-lot-line developments with PUD zoning, although the City Manager may reduce this setback to zero (0), provided the rear lot line abuts common property or property that otherwise cannot be built upon (this does not include transportation rights-of--way). It allows the building within five (5) feet of the side lot line that does not have the building wall at that line, although the City Manager may reduce this setback to zero (0), provided that side abuts common open space or property that is otherwise restricted and not suitable for development (this does not include transportation rights-of--way). On corner lots, each side abutting a public transportation right-of--way must maintain a minimum twenty-five (25) foot building setback. LPA/P&Z ACTION: At a special meeting on March 10, 2009, the LPA/P&Z Board held a public hearing and voted 3-0 to recommend approval of Ordinance No. 2009-04. RECOMMENDATION: Staff recommend that the Commission approve and adopt, on second reading, Ordinance No. 2009-04. ATTACHMENTS: A Ordinance No. 2009-04 B Draft LPA/P&Z Minutes (March 10, 2009) C Public Notice COMMISSION ACTION: 3 ATTACHMENT A ORDINANCE N0.2009-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING SECTION 6-86 OF THE CITY CODE RELATED TO MINIMUM SETBACK REQUIREMENTS FOR ZERO LOT LINE PROPERTIES WITHIN PUD ZONING DISTRICTS; 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 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, certain zero lot line property owners in Winter Springs desire to add screen enclosures with solid roofs, porches or other additions to their existing residential structures; and WHEREAS, in many cases, these kinds of residential additions would be prohibited by the existing setback requirements of the City Code; and WHEREAS, the City Commission desires to amend section 6-86 of the City Code with regard to setback requirements applicable to zero lot line properties in order to provide an opportunity for property owners to construct additions that are consistent and in harmony with the surrounding area, if desired; 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 W inter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 6. Buildings and Building Regulations, is hereby amended as follows (underlined type indicates additions and strrkco~tttype indicates deletions, while asterisks (***) indicate a deletion from the Ordinance oftext existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this City of Winter Springs Ordinance 2009-04 Page 1 of 3 ordinance): CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS ~~~ ARTICLE III. BUILDING CONSTRUCTION STANDARDS ,~~* Sec. 6-86. Minimum setback requirements within PUD zoning districts. *~* (b) Zero lot line. Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved by the city commission, the principal building setbacks for zero lot line property zoned planned unit development (PUD) shall be as follows: (1) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (2) Rear yards. The rear yard shall not be less than three 3 ten-f-l-9j feet in depth However rear yard building setbacks may upon approval of the city manager, be reduced to zero (0 feet ,provided that the rear lot line abuts common oven space or property that is otherwise restricted and not suitable for development, (other than transportation rights-of-wav); (3) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure Side yard buildin~,.setback lines ma~pon approval of the city manager be reduced to zero ~) for end units that abut common open space or property that is otherwise restricted and not suitable for development, (other than transportation rights-of-wav); and (4) Corner yards. On corner lots, the front yard set back oftwenty-five (25) feet must be maintained, at a minimum, on all sides abutting public rights-of--way. ,~*~ Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the City of Winter Springs Ordinance 2009-04 Page 2 of 3 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 immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: _ Second Reading: Effective Date: City of Winter Springs Ordinance 2009-04 Page 3 of 3 0"-lot line 3 ft. from property line/ 0"-lot line ~ 6 feet between buildings ~ 0-lot line ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING MARCH 10, 2009 CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Special Meeting of Tuesday, March 10, 2009 was called to Order at 6:30 p.m. by Chairman Charles Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Charles Lacey, present Vice Chairman William H. Poe, present Board Member Robert Heatwole, absent Board Member Rosanne Karr, absent Board Member Justin C. Reviczky, present A moment of silence preceded the Pledge of Allegiance. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests That The LPA (Local Planning Agency)/P&Z (Planning And Zoning) Board Hold A Public Hearing Related To Ordinance No. (Number) 2009-04, Which Revises The Building Setback Requirements For Zero Lot Line Developments Within The PUD (Planned Unit Development) Zoning District. Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department presented this Agenda Item and stated, "It has been properly advertised." Photographs and Drawings were shown. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING -MARCH 10, 2009 PAGE 2 OF 7 Referencing Ordinance Number 2009-04, Mr. Stevenson read into the Record, Attachment A, (b) (2) Rear yards. and stated, "Shall not be less than three (3) feet in depth. However, rear yard building setbacks may, upon approval of the city manager, be reduced to zero (0) [feet], provided that the rear lot line abuts common open space or property that is otherwise restricted and not suitable for development, (other than [transportation] rights-of-way." Discussion. "MOTION TO APPROVE [AGENDA MOTION BY VICE CHAIRMAN POE. REVICZKY. DISCUSSION. ITEM] `500' AS CIRCULATED." SECONDED BY BOARD MEMBER VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Community Development Department Request The LPA (Local Planning Agency)/P&Z (Planning And Zoning Board) To Remove From The Table And Then Discuss To Hold A Public Hearing Related To Ordinance 2009-02 Which Revises The Chapter 20, Division 2, Motor Vehicles Portion Of The City Code, To Prohibit Parking Vehicles On Sidewalks And In Front Yards. Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "We would need a Motion to remove this from the Table and open for discussion:' "I MAKE A MOTION TO REMOVE [AGENDA] ITEM `501' FROM THE TABLE AND OPEN FOR DISCUSSION." MOTION BY BOARD MEMBER REVICZKY. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. VOTE: VICE CHAIRMAN POE: AYE CHAIRMAN LACEY: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. 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N 6 'L 00 WO ONL ~ Q Y ap.m C _ d J Qi N Np - O O`oLWw`.~ O Q C W~ p~ ]. c W~ ON« ~ Q ~uc Ha...m W HO G W ~..C O ay J~t'i um OLJ` p ~ 6NNZ G O IO O a=J O W 2yN0 J 2 Q t..t } 3CQo~Sy a-d~ ~ C=d+ > OLr J LL O v~ m-I-Z o a H d mm000._ O~'~ c~ °~ _ L o r `Q^ U rn mN T' oL J LL viV ~ WjZVD!~L` ~ .. ~-y~+ p ono a K qoY~ ` ~d oa ctiL.~ a F- G`aQO t ~ Z_ z?.. -~ °z rte ra.~~~r~^ mo~~ '"o Ems... p Y r' `o ~ " £N`o a K aYY~ `o .O W W-°~aW wmv `o °o3 ca o9 «~ am~> ~°-~ O LL' a to ~~ 'a w~j, a°-i p LL a0 mN SdV O`G ,`o~Z`~o °o u?n`o i~ G„oa V / D ~N ~09o Y F o~ Qa~ JC NLLCOQZJ~~MGW -OiOCm> Oy ~n NL$ O ~ 'O I° oN OUN - r- J~ W`na_ a O-~ vEr nL W~.~~ ORDINANCE NO. 2009-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING SECTION 6-86 OF THE CITY CODE RELATED TO MINIMUM SETBACK REQUIREMENTS FOR ZERO LOT LINE PROPERTIES WITHIN PUD ZONING DISTRICTS; 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 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, certain zero lot line property owners in Winter Springs desire to add screen enclosures with solid roofs, porches or other additions to their existing residential structures; and WHEREAS, in many cases, these kinds of residential additions would be prohibited by the existing setback requirements of the City Code; and WHEREAS, the City Commission desires to amend section 6-86 of the City Code with regard to setback requirements applicable to zero lot line properties in order to provide an opportunity for property owners to construct additions that are consistent and in harmony with the surrounding area, if desired; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 6. Buildings and Building Regulations, is hereby amended as follows (underlined type indicates additions and strikeont type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this City of Winter Springs Ordinance 2009-04 Page 1 of 3 ordinance): CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS ARTICLE III. BUILDING CONSTRUCTION STANDARDS Sec. 6-86. Minimum setback requirements within PUD zoning districts. (b) Zero lot line. Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved by the city commission, the principal building setbacks for zero lot line property zoned planned unit development (PUD) shall be as follows: (1) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (2) Rear yards. The rear yard shall not be less than three 3 ten (16) feet in depthk. However, rear yard building setbacks may, ppon approval of the city manager, be reduced to zero (O) feet provided that the rear lot line abuts common open space or property that is otherwise restricted and not suitable for development, (other than ayl; transportation rights-of-w (3) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure Side yard building setback lines may, upon approval of the city manager, be reduced to zero (0) feet for end units that abut common open space or property that is otherwise restricted and not suitable for development, (other than tranWortation rights-of-way); and (4) Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting public rights-of-way. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Commission, or parts ofprior 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 City of Winter Springs Ordinance 2009-04 Page 2 of 3 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 immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of April ; 2009. JOO F. BUSH, Mayor AT EST: A LORENZO-LUACES City erk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR T ITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: March 23, 2009 Second Reading: April 13, 2009 Effective Date: April 13, 2009 City of Winter Springs Ordinance 2009-04 Page 3 of 3