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HomeMy WebLinkAbout2008 04 14 Public Hearing 505 Ordinance Number 2008-06 Text Amendment Fence Heights CITY COMMISSION AGENDA ITEM 505 Consent Informational Public Hearing Regular x April 14, 2008 Meeting MGR. REQUEST: The Community Development Department requests the City Commission approve first reading of Ordinance No. 2008 - 06, a text amendment to the Code of Ordinances that would modify the existing front yard fence height limitations set forth in Section 6-190 of the City Code to allow fences up to 4' -6" in areas of the City that allow horses, ponies, and commercial riding stables as permitted uses. PURPOSE: The purpose of this Agenda Item is for the Commission to consider draft code language to allow higher fences (up to 4'-6") and in front of the front building line in areas of the City that allow horses, ponies, and commercial riding stables as permitted uses. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, Florida Statutes Chapter 6, City Code Chapter 20, City Code CONSIDERATIONS: Chapter 6 of the City Code regulates fences, walls, and hedges. It sets forth appropriate materials (Sec. 6-187); allows for barbed wire and fabric fences where horses are allowed (Sec. 6-188); allows for barbed wire above 6' in height where security fences are permitted - with building official approval (Sec. 6-189); limits fence and wall heights to 8' along side and rear lot lines, except that it limits the heights to 4' tall forward of the building line (Sec. 6-190); provides for line of sight at intersections (Sec. 6-191); and requires at least a 3" setback from the property line (Sec. 6-193). The "building line" is a line parallel to the front-most portion of the wall ofthe principal structure on a lot. The "building line" may be behind the front building setback line, as houses in most parts of the City are not required to build all the way up to the setback line. The existing 4 foot maximum fence height in front of the building line rule is fairly typical and is by no means unique to Winter Springs. Staffhas received a request to increase the front yard fence height in areas where horses are allowed (e.g. April 14, 2008 Public Hearing Agenda Item 505 Page 2 of2 RC- I & RU zoning districts). Staff notes that horses, donkeys, and cattle are typically kept within 3 to 5 strand barbed wire fences of approximately 4' height. Taller fences placed in front of the building line are more likely to create conflict with the City's aesthetic character and requirements. Staffhas done research and determined that a 4' wire mesh fence with one strand of barbed wire, at an overall height of 4' 6", is an acceptable alternative. A simple barbed wire fence with 3 to 5 strands of wire at a height of 4' 6" would also be acceptable. Also acceptable and commonly used are split-rail, cross-buck, and three and four rail wooden fences. These fences are typically around 4'-6" tall. A 6' tall fence is unnecessary, except for "jumpers." These are horses with a propensity for jumping fences and should not be kept in the front yard, where they could easily get out and into traffic or otherwise endanger the public or themselves. Staff took this item to the City Commission on November 13, 2007 for advisability. During this meeting, several residents of the areas that would be affected by this proposed text amendment spoke in favor of higher fences. Those comments are included as part of Attachment B to this agenda item. PLANNING AND ZONING BOARD ACTION: On March 19,2008, the Planning and Zoning Board held a public hearing and voted 3 - 0 to recommend approval of Ordinance No. 2008 - 06. RECOMMENDATION: The Planning and Zoning Board and staff recommend the Commission approve first reading of Ordinance No. 2008 - 06. A TT ACHMENTS: A - Draft Ordinance 2008-06 B - Minutes of the November 13, 2007 City Commission meeting (Item # 500). C - March 6, 2008 Advertisement D - March 19,2008 Draft P&Z Minutes ATTACHMENT A ORDINANCE NO. 2008-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-190 OF THE CITY CODE RELATED TO FENCE HEIGHT LIMITATIONS; 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 zoning districts in the City provide horses, ponies or commercial riding stables as permitted uses subject to certain conditions; and WHEREAS, section 6-190 of the City Code currently limits fences located in front of building setbacks to no more than four (4) feet in height; and WHEREAS, the City Commission desires to increase the height limitation on said fences in those zoning districts which permit keeping horses or ponies, or permit commercial riding stables; 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, Building and Building Regulations, is hereby amended as follows (underlined type indicates additions and stl ikc6nt type 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 ordinance) : City of Winter Springs Resolution No. 2008-06 Page 1 of3 CHAPTER 6. BUILDING AND BUILDING REGULATIONS *** ARTICLE VIII. FENCES, WALLS, HEDGES *** Sec. 6-190. Height limitations generally. All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside ofthe established building lines shall adhere to the following heights: W. Iffront of the front building line, no more than four (4) feet in height; ill If to the rear of the front building line, provided the provisions of section 6-191 are met for comer lots, no more than eight (8) feet in height; !m. Fences no more than four feet six inches (4'6") in height mav be oermitted on a case- by-case basis by the city manager to be located in front ofthe building line in zoning districts which provide for horses and ponies or commercial riding: stables as permitted uses. Any fence aoproved bv the city manager under this subsection shall be constructed using non- opaque material. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolntions. 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 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 ofthis Ordinance and the City Code may be freely made. Section !;. 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 City of Winter Springs Resolution No. 2008-06 Page 2 00 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 , 2008. 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 Resolution No. 2008-06 Page 3 of3 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 120F23 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests That The Commission Consider And Provide Direction Regarding The Existing Fence Height Limitations Set Forth Within Section 6-190. Of The City Code. Mr. Stevenson presented this Agenda Item and then read a letter for the Record. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert Stowell, 610 Tina Lane, Winter Springs, Florida: Mayor Bush said, "Who says he does not wish to verbally address the Commission. For the Record, he is in favor of a six foot (6') fence." Ms. Sam Nichols, 1281 Nature's Way, Winter Springs, Florida: addressed the City Commission on her property, horses, and fences. Ms, Cindy Scribner, 405 South Moss Road, Winter Springs, Florida: spoke about the fence height on her property and asked whether she needed to make any changes. Ms. Deanna Nelson, 140 East Tradewinds Road, Winter Springs, Florida: spoke of protecting her animals and maintaining safety. Mr. Donald Smith, 120 East Tradewinds Road, Winter Springs, Florida: prefers to see higher fences and supports six foot (6') fences. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued. With discussion, Manager McLemore noted, "We're only talking about fences that are in front of the build-to line." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2001 PAGE \3 OF 23 Mayor Bush asked, "Want them to bring it back?" Commissioner Krebs said, "I would like you to bring it back." Manager McLemore said, ..We will bring back some language for you to adopt." Commissioner Krebs said, "Right." "I MAKE A MOTION FOR mE CITY MANAGER TO BRING US BACK INFORMATION REGARDING FENCES BY EXCEPTION TO INCLUDE THE TYPE OF FENCING AND THE HEIGHTS - WHAT YOU SEE IS ALLOWABLE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "SHOULD THIS BE RESTRICTED TO CERTAIN AREAS OF THE CITY?" COMMISSIONER KREBS SAID, "YES, TO THOSE AREAS THAT WE JUST DISCUSSED - THE RANCHLANDS - THAT ALLOW LARGE ANIMALS, LARGE HORSES." MANAGER McLEMORE SAID, "WE WILL BRING YOU BACK A DRAFT ORDINANCE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BROWN REQUESTED THAT LARGE FEES NOT BE INCLUDED. MAYOR BUSH SUGGESTED THAT VARIANCES ARE NOT MENTIONED. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush added, "1 would encourage the Manager and Staff to work with some of the homeowners who took the time to come tonight." .:..:. AGENDA NOTE: PUBLIC INPUT WAS HELD NEXT, FOLLOWED BY "REPORTS", AS DOCUMENTED. .:. .:. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: spoke of Agenda Item .603' and increased Fees; and handed in a document to the City which he asked be forwarded to the City Commission. 1 ! i ATTACHMENTC THURSDAY, MARCH 6, 2008 F3- OL venue, u te N 30, wherein 8ANK OF NEW" Woo: 01 ...... 11. 2lIlII · ~ Mr;lihFn' f~J.:) d~ ta~Kc~HI,}8~1~~.fJt~ n:'e o:;,gft;"':;'J~:"1::~r~~ of your receipt of this no. DERS CWABS. INC. AS. ~WI ~lI'g~bTi~h~~I~ncl~ OlIlIlIWICllllllHS ~~l:!ell.ri:I~:d. ~rl~?a&: ~~M~fE~~S~ng:\,~ Council Chambers 01 ~'Iv AN ORDINANCE OF THE 955-8771. Is Plolnliff and Jeffrev A. Hall. 400 S. Orange Avenue. CITY COMMO'FSSWIOINNTEORF DATED Ihls 21 day of Feb- Smith; StephOnle D. Smilh; 2nd Floor. Orlando FL THe CITY ruory 2Q08. Bravndvwone Homeowner. 32801, to consider Ihe 2nd of SPRINGS. EFCLTOoRNI':1~: MARYANNe MORSE Association, Inc., SPOto two readln s on the follow. AMENDING S I E Clerk of Clrc~II Courl Coast Credit Union, Un. tlF 1IIEA'ilf. e~T\HJ' TCJTXC~~~~o'~y (CIRCUIT tf:>~Jy S~~Jul.e ~=~ T~~~~r'N~.02'J~dU,:'li OFfl~ 'i't:JING BUILDINGS TO ADDRESS . Depu!y Clerk Unknown Parlies Cloming ON FOR CElTAIIl AND REGULATE PRI. AT10IIIlEY IeIl' Il1lff: Inlerests By. Throuvh un. ALLY LOCATEO VATE. DETACHENGD GOAR' Stephen oM. e Esquire deror Agolnst 0 Named De- DAD 521. RAtE'" PROVI8FI PRFIOR 72S Nor1lI a Avenue fendanl 10 this Action, or EAST ur TH R"PEAL OrlCllldO cS 803 Havln~ or Clamlng to hOve MiiiWESt IN ONSISTENT ORDJ- . . . ' any RighI. Tilie or I~terest iilrm ~~~~~~N~~Rp~~~~rON ~.. 1/6.13. 2008 ~~r'~I'gr.rlr~~~~~I~ AltO ~ INTO THE CODE, SEVEEFR- CIRCUIT COURT will sell to the hlghesl and .ARtAltO ABILITY; AND AN. NINTH JUDICIAL beSl bidder for cosh at Vo- OIlmm IY FECTlVE DATE. UIT IN AND FOR OR. lusla County CourthOuse. 101 .,j)iIRECT. .............. _.. . E COUNTY<.ELORIDA North Alabama Avenue. OF 'n< CI1Y'S .....- --- CASE 110. 4I-.,-CA-OI3IIIZ-lI R m 0.251. 2nd Floor. ~ PROYlD: ~rT~RgbHJ~f~sPtNT~~ lIIYiIiII33 ~~~H~~1~ef2~~r'.r.: , TION ER'S' .~. THE CITY OF WINTER HSIC IIAnOlW. AS. lusla Counly. Florida, at . AIIO OATllnler- SPRINGS. FLORIDA. SO fOR 110- 11:81..... on thelltlo day of ested parties may appear AMENDING SECTION 6-190 LOAIlIIIC. 1lAICII.. lhe lollowlng de. and be heard regarding Ihls OF THE CITV COFDeENRcEe' CEII1lfICATES IE- scribed properlv as set I motter. A copy of Ihe pro- LATED TO . .z ' forth in $Old Order of Fino N. pa.ed Ordinance i. avail. HEIGHT LIMITOATRIOTNHS-, Iolnllft., , Judgment.lo.wlt: able In the City Clerk's of- P R OV I 0 I NG F "y. E. ~~t'ln~i1l aHg~~i ~:~~t ~g:S~~LE2t b:~?:A~~: .E~ &Writ MERCY dL'l: W 111-' S slons rilad, e :rurlng 'he hear. EScAoNRDpo'RReAsToILoUNTIIONNT~ Rs.! and all unknown PUT 111 Ing will need a record of lhe IN U par les claiming. bV11W 80 i proceedings and mov need THE CODE,.S~~~~tfll~~ Ihrough, under or agalns IECOROS E 10 ensure that a verbotlm TY AND AN lhe herein named Defend. F\.OIIDA. . record Is made. including OATE. ant~ who are nol known 10 ~':." ~~~"l~va=an:~~n~ 011 WEONESO ~Id ~~~.::,':,.~I:;:'"rtl:'sh~~~':; ANY PERSON CLAIMING . ffl~oi:;~'i:'~:~a~~bb~ ~ :s~I~~'e~evII~M~ac'ml: ~~RINuEli=SRTo~ 1~~ ~v. an Inlerpreter 10 participate tors, tru.l~s, sPouse~ or SALE, IF ANY, O~~~~ . ~~Jr:cf''l~~cc~rvr~7:rk~'::? wt":~'ff~l'~TTftT~l ~~~~RT,tllo~~~~ DATe ,:. tlce 0 407-2ol6-2251 01 leasl PARTIES Intended to oc- OF THE LIS pe~D~M ld- 24 hours In advonce of the count for lhe person or rar. MUST F1LE A ~TeR vi meellrig. The pror,osed ordinances Wl~ ~SS~fcl\tiA1TDI'N f~1HdMf. DAYS A d OLS649nl 3/6.1)B ~~~.rpa~~'ege~~~~~eri ~n~ N: .ERSOIIS WITH 01S- ... NOlICE: On Marc~ 11. 2111 . 1 a.m. and 5 p.m.. Mondov . = If you are 0 person lei. I.... or soon Ihereottelrl. thelll Ihrough Frld.ay, 01 Ihe NQTJCl OF SAIl "lith disability who needs ~r. OrlandO ,Clly Counc w Cltv's Clerk's Office, local. , ,anv accommodation in or. lheied h91d a Public Heberarlng. In ed at 1126 East Stale RllCI!I Nolice I. herebY given lhOl, der 10 partiCipate in 1111. _ C,Iv Council Cham s.2nd .34. Wlnler Springs. Florl- ,pursuant to the Flnald'udg. proceeding. YOU are entl. 1m Fir., CIlY Hail.l .OO.S. Or. do. For more Inlormatlon ment of Foreclosure ated tied, 01 no eosl 10 you. to IRg ange Avenue.. urlanilo. FL2 coli (<IOn 327-1800 1227. Per. Februarv 21. 2008 In this the provision of certain as. "e 32801 10 co fOf $Ons with dlsabllllles need. caust I will sell the proPer. slslance. Ple~.. conloct be II\lI assistance to partiCipate tv slluated In ORANGE Courl Admlnlslralor 01 bll- THA. In any of thou praceede Ilongs County, Florida described Suite 300...Courlhouse An' or IE shOuld canlael the mp y- as' nei<. 125 to. Oran.l/e Ave., ate1d ee Relptlans Deparlment . Daytona Beach, FL 3211.; U Coordinator, . hours In ad- MOf CREEl( nw:r Tel.: 386-257-6ll96 within two oft' vance ot Ihe meeting 01 ACC TO THE PLAT (2) working days of your ,re" as U071 327-1800. Exlenslon AS om II P\AT celpl of the NOTICE OF lhe 236. This Is a public hear. I K 141. OF THE SALE; if you are hearing Ing. If YOU decide to =1 . IU OF OIANIE Impaired, colll-800.955-B771; ~rln'~~m~~rJ~o .Lo~ai COUNTY. ~a~or_B~~9~t~~~ol'V~~~e~~ Planning Agency w,th ~~ ~ MIlO H........ ...... NOT A COURT INFORMA. ~ ~~ ~~r. r:::e~rni~n~ou 0dtIII0. fl J2I37 TION LINE will need a record of Ihe at public sale. to lhe highest DATED 01 Deland. Florida, MAP; fROYl . :;=~~~u a~v'~.:l~~ w: ~~~:~d~g~n:or C~~~~~ on Februory 13. 2OOB. .ue ~ coam ensure that a verbatim reo house located at ~5 NOflh DIANE M. MATOUSEK F L liON EI.TE.ElIr~R . cord of the proceeding. Is Orange Avenue. Suite 3~ As Clerk. Circuit Court :fed parties maYrdal p~theq; ~a1-i~p~nse~~lf~t:~:.f:ci ~=hl~~a2l.u.. \f~~J~~~ffE!':t~f&'Mz and be heard rega hng IS porlles are advised Ihat Any person claiming an In. As Deputy Cierk . motter. A copy of.t e PI.o-, they may appear at the ter..' In Ihe surplus from posee! Ordinance '5 oval - meeting and be heard with the sale It any, olher lhon able 1ft the City Clerk's of- rospecl to lhe proposed or. the property owner as Of ATTORNEYS fOIl PlAINllff: f1cel' City HOILI persdecon,s dlnonces. Ihe date of the 115 pendens Smith, Hiatt & Dlaz. P.A., wish ng 10 appea any r !r.,ust file a claim wllhln 60 PO Box 110138 f~;' w~..,guJI~J~ o'l"l'~ CSE65S~ :wIOI 'fjA~lC~I ~tJ.fJ:: Florida R ~~Ie. forOe_lngS and mavb nffd this 21 day of FEBRUARY. PhOne: (95.) 56ol.0cm ~c~~~u~: :::g~e~ r:[!u~I':; 20. LYDIA GARDNER -- rhe testlmonv and rY'<rn~ ~.. of Solo Clerk of Ihe CirculI Court VOl.6<lB355-FEB.28.MAR.6 V :::l1!CPel!:.:~ JI.gbll- (CIV~~:C~~~ ~~~~lshOYi IN THE CIRCUIT COURT ~v Itles needing assIStance or NOTICE IS HEREBY GIV. Clerk OF THE NINTH JUDOIRCI~ ce an Inlerpreler 10 participate eN lhOI lhe undersigned In- AI1'OlIIEY fOR CIRCUIT IN AND F . ~tv In the rUbllC hearing s~ufd tends 10 ,ell the personal DOUGLAS C. ; P.A. ANIE, COUNTY. FLORIDI\ '~I cantac Ihe Cltv Clerk so. opertv described beloW to 18830 U.S Hwv 19 1300 CIVIL ACTION .cA-3SI7 i flce . 407.2".2251 01 least mforce 0 lien impased on ClearwOter, FL 3376.4 CASE NO. .-aII70"nftMN 35 Ing 204 hours 1ft advance 01 'he sold proper IV under The 17271536-~11 phane ...... 're- meeting. Florida Self SIorageFaclll. 721 539-1094 fax . ' AS llIUSlEE &,nd ,OLS651984 3I6IOB Iy Acl SIalules (Section f yOU are a person wllh 0 rtrTfE ATEHOLOERS : Notice: III M1rcb 11. .. . Z:lID 83.801-83.809)., ~J'I~ ;"gr~~ a,::.::~~ CWABS ""CIlElI CER- IicI pm or as soon Ihereafter as lpate In Ihl. proceeding. you T1FICAitS. ..... ap. Ihe matter may be heard The undersigned will sell 01 are entllled 01 no cost 10 PICllntllf. I0Il5 Ihe Orlando Cit~ouncl{ public sale be competitive you. for Iheprovl.~~n of AIl~b PAllIA. tI II ~"r~ ~~~,\'g"nra~~~rs ;'lnM ~~~~~~'~eB~l:Jta~~ of ~~,~~ ~"o"J~la~a~lnl:'~~~ Defendant(s). . bllc Hall. 400 S. oranra Aven~t Ihe premises where sa'l:l tlon 01 .2S North Orange IIOT1CE OF RESCHEDUlED .llt ~1 ~ loor, Or ~~~e 2nd g~W'~~rc~"c:r:i~o~~':{~ ~r:~a ~~~gl~lf.I~~~~g..,; FOIECLOSURE SAIl ad. of tWo Ihe follow- Orlando Business Center" 14011 836.2303. within two Non<< IS HEREBY lIMN pur.u. OF THE CITY 2200 Forsvth Rood. County 21 working days of your re- t t Orde Reschedul. DA mAl. of Orange. Slate of Florida. celpl of this documenl.l" r'1. F"O~~losU~ Sale doled JCA. lhe following: y,oual red he9rlr.9uO~ss"-&fi1~ Jnanuary 25, 2008 and en. mpa re . co BOO- tered In Case NO. 018-2007. COR655S06 ~ 3/6, 13. 2008 CA.3507 of Ihe Circuit C'"f'- of I< ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 19,2008 (RESCHEDULED FROM MARCH 5, 2008) PAGE 5 OF 7 Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members on this Agenda Item. Discussion ensued on the restrictions. Mr. Baker summarized the Criteria for the Record. Chairman Heatwole opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Heatwole closed the "Public Input" portion of this Agenda Item. "I RECOMMEND APPROVAL OF [AGENDA] ITEM '502' AS WRITTEN BY THE COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDING APPROVAL OF THE DETACHED GARAGES AS DESCRIBED HEREIN." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN LACEY DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE CHAIRMAN LACEY: AYE CHAIRMANHEATWOLE: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests The Planning And Zoning Board Consider A Text Amendment To The Code Of Ordinances That Would Modify The Existing Fence Height Limitations Set Forth In Section 6-190. Of The City Code To Allow Fences Up To 4' - 6" In Areas Of The City That Allow Horses, Ponies, And Commercial Riding Stables As Permitted Uses. Mr. Baker introduced this Agenda Item and displayed photographs of various fence heights. Further discussion ensued on height restrictions. Chairman Heatwole opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Heatwole closed the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 19,2008 (RESCHEDULED FROM MARCH 5, 2008) PAGE 6 OF 7 Mr. Stevenson said, "The Planning and Zoning Board/[Local Planning Agency] may need to discuss that [ Agenda] Item if they feel that the four foot six inches (4' 6") is not enough of an allowance that is certainly your prerogative to change that number. Staff, at this point, based upon our research and based upon industry standard, is recommending four foot six inches (4' 6") because as I told you earlier, that is the prevailing height of a lot of these Equestrian fences whether they be four (4) rail, three (3) rail, strand of barb wire on the top or whether they be a cross-buck fence. And Staff would be reviewing these fences much the same way we do now on a case by case basis." "I WOULD LIKE TO MOVE THAT [AGENDA] ITEM '503' BE APPROVED AS WRITTEN AT THE FOUR FOOT SIX [INCH] (4' 6") BASED UPON THE INDUSTRY STANDARD THAT THAT IS THE BASIC SIZE THAT THEY COME AND ALSO I AGREE WITH JOHN [BAKER], I WANT TO STAY AWAY FROM SIX FOOT (6'), EIGHT FOOT (8') FENCES THAT ARE MAKING IT LOOK LIKE A TUNNEL. SO, I RECOMMEND APPROVAL - TO THE CITY COMMISSION UP TO FOUR FOOT SIX [INCHES] (4' 6") IN THE FRONT BUILDING SETBACK IN THE AREAS OF THE CITY THAT ALLOW HORSES, PONIES, COMMERCIAL RIDING STABLES." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION. VOTE: CHAIRMAN HEATWOLE: AYE VICE CHAIRMAN LACEY: AYE BOARDMEMBERPOE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department - Planning Division Wishes To Provide The Local Planning Agency (LP A) With Comments Received From The Department Of Community Affairs And Other Reviewing Agencies, On The Proposed Evaluation And Appraisal Report (EAR). Ms. Sahlstrom presented this Agenda Item and said, "Once this is Adopted then Transmitted to the State, they will have sixty (60) days when they will provide us with the formal sufficiency comments. And what that means is they review the EAR (Evaluation and Appraisal Report) for sufficiency based on Chapter 163 of the Florida Statutes and then there will be a thirty (30) period where we can comment or resubmit additional materials and then they will actually do a Notice of sufficiency at that time."