HomeMy WebLinkAbout2010 02 03 Public Hearing 501 Ordinance 2010-02, Amending Section 20-211. Front, Rear and Side Yard RegulationsPLANNING ZONING BOARD
LOCAL PLANNING AGENCY
ITEM 501
February 3, 2010
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST: The Community Development Department Planning Division requests the
Planning Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2010 -02,
amending Section 20 -211 Front, Rear and Side Yard Regulations of the City Code regarding zero
lot line properties in the R -3 Zoning District.
SYNOPSIS: This is an administrative amendment request which will allow residential property
owners of zero lot line lots within the R -3 Zoning District (i.e. Deersong and Indian Ridge), the
opportunity to construct covered patio enclosures or screen rooms enclosures (only) within their
interior side yard, as long as the structure maintains a minimum three (3) foot separation to any
adjacent building.
APPLICABLE LAW AND PUBLIC POLICY
Section 2 (b), Article VIII, of the State Constitution.
Florida Statute 163.3194 Legal Status of Comprehensive Plan
Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 20.
Winter Springs Comprehensive Plan
CONSIDERATIONS:
This is an amendment being initiated by the Planning Division of the Community Development
Department of the City of Winter Springs.
The proposed code amendment will affect only detached single family zero lot line residential units
arranged in a cluster grouping such as Deersong (172 lots) and Indian Ridge (84 lots). These units are
unique in that the structures are grouped so that three of the four sides are located on a property line
with the fourth side having an interior side yard.
February 3, 2010
PUBLIC HEARING AGENDA ITEM 501
Page 2
property line
unit #1 unit #2
Property �1
line
Property
f line
The amendment will allow these property owners, the opportunity to construct covered patio
enclosures or screen rooms enclosures within their interior side yard, as long as the structure maintains
a minimum three (3) foot separation to any adjacent building.
property line
unit #1 j� unit #2
Property �1
line
property
line
Y min_ separation
covered screen room
Although screen enclosures and covered screen rooms were permitted and installed in these
subdivisions during the 1990's, the amendment will clarify that these structures are now permissible
under the code.
FISCAL IMPACT:
Improvements that are installed on existing residential properties typically result in an increase to
the taxable value of the property and of the neighborhood. In this case, the value lies primarily in
the property owner upgrading his investment.
unit #4 ro ert
P Pe�Y line
11L
unit #4
property line
February 3, 2010
PUBLIC HEARING AGENDA ITEM 501
Page 3
COMMUNICATION EFFORTS:
Jan. 24, 2010- Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing
Feb. 3, 2010- Public Hearing before the Local Planning Agency
TENTATIVE IMPLEMENTATION SCHEDULE:
Feb. 22, 2010 1st Reading of Ordinance 2010 -02 before the City Commission
Feb. 11, 2010- Public Noticing in Orlando Sentinel (Display Ad 7 days prior)
Feb. 28, 2010-Public Noticing in Orlando Sentinel (Display Ad 5 days prior to adoption)
Mar. 8, 2010- 2nd Reading /Adoption of Ordinance 2010 -02
STAFF RECOMMENDATION:
Staff recommends that the Planning Zoning Board hold a Public Hearing for Ordinance 2010-
02, and make a recommendation to the City Commission to amend Section 20 -211 of the City
Code related to zero lot line properties in the R -3 Zoning District.
ATTACHMENTS:
A. Ordinance 2010 -02
PLANNING ZONING BOARD LPA RECOMMENDATION:
ATTACHMENT
ORDINANCE NO. 2010 -02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING, TO ALLOW SCREEN
ENCLOSURES WITHIN SIDE YARDS OF DETACHED
SINGLE FAMILY ZERO LOT LINES CLUSTERED UNITS IN
THE "R -3 MULTIPLE FAMILY DWELLING DISTRICT
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 is aware that property owners have installed screen
enclosures on detached single family zero lot line residential units arranged in cluster grouping;
WHEREAS, the City Commission desires to protect the investment of such property owners
and to allow future property owners to install such screen enclosures within the "R -3 Multiple
Family Dwelling District
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 incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, is hereby
amended as follows underlined type indicates textual additions to the City Code):
Sec. 20 -211. Front, rear and side yard regulations.
The following yard regulations shall apply in the R -3 Multiple Family Dwelling Districts:
(1) Front yard. The front yard shall not be less than twenty -five (25) feet in depth.
(2) Rear yard. The rear yard shall not be less than thirty -five (35) feet in depth.
(3) Side yard. The side yard shall not be less than ten (10) feet in width.
(4) Corner lots. The front yard setback regulation shall control when the building
is located on more than one (1) street.
City of Winter Springs
Ordinance No. 2010 -02
Page 1 of 2
Screen enclosures or covered screen rooms shall be permitted within the interior side yard
of any detached single family zero lot line unit arranged in a cluster grouping, provided that
such screen enclosure or covered screen room maintains a minimum three (3) foot separation
from any adjacent building and is in compliance with other applicable provisions of the
Code. Section 6 -85 of the Code is not applicable to this sub section.
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
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 City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of 2010.
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 No. 2010 -02
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