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HomeMy WebLinkAbout2009 03 10 Public Hearing 500 Ordinance 2009-04 Revises Building Setback Requirements for Zero Lot LneP&Z AGENDA ITEM 500 March 10, 2009 Meeting Consent Information Public Hearin X Re ular Mgr. /Dept. REQUEST: The Community Development Department requests that the LPA/P&Z Board hold a public hearing related to 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 make a recommendation to the City Commission 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. March 10, 2009 Public Hearing Item 500 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, by passing 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 March 10, 2009 Public Hearing Item 500 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. RECOMMENDATION: Staff recommends that the LPA/P&Z vote to recommend approval of Ordinance No. 2009-04. ATTACHMENTS: A Ordinance No. 2009-04 LPA/P&Z 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, 5EVERABILITY, 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 strrkeouttype 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 tcri-(-)-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 open space or property that is otherwise restricted and not suitable for development, (other than transportation rights-of-wayl; (3) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure Side vard building setback lines may upon 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 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 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 ~ of 3 ~t~ t;-r ~ 4- 0- lot line r~~~7 ~~ 3~3` 3~ 3' u~.~~7~~ L.I.N! 7" ~'Z 0-lot line BUILDING PLANNING ~. 6 ~ .I ~ ~ For SI: 1 foot = 304.8 mm. THE WINDOW LABELED A IN THE PLAN IS ACCEPTABLE BBECAUSE THE EXTERIOR WALL IS 6 FT OR MORE FROM THE ADJACENT WALL. THE BAY WINDOW LABELED B WOULD NOT BE ACCEPTABLE BECAUSE IT PROJECTS INTO THE AREA WHERE EXTERIOR WALLS WOULD BE REQUIRED TO HAVE AFIRE-RESISTANCE RATING AND WHERE OPENINGS ARE PROHIBITED. THE EXTERIOR WALLS PARALLEL TO THE ADJACENT BUILDING WOULD NOT BE REQUIRED TO BE FIRE- RESISTANT RATED EXCEPT FOR THE PORTION THAT FORMS THE BAY WINDOW BECAUSE THE REMAINDER OF THE WALL IS AT LEAST 6 FT FROM THE ADJACENT BUILDING. Figure 8302.1(2) EXTERIOR WALL FIRE-RESISTANCE REQUIREMENTS AND PROHIBITED OPENINGS tion. Two exceptions modify the requirement of Section 8303.1. Exception 1 permits the glazed area to be fixed or "not openable" when an approved mechanical ven- tilation system or whole-house mechanical ventilation system is installed. The mechanical ventilation system must provide a 35-percent air change per hour in each habitable room. As an example, if a bedroom is 10 feet by 12 feet with an eight foot ceiling height, the air change per hour would be as follows: 10 x 12 x 8 = 960 cubic feet 960 x .35 = 333 cubic feet/hour or 5.55 cubic feet/minute The whole-house mechanical ventilation system must provide outdoor ventilation at the rate of 15 cu- bic feet per minute (7.08 Us) per occupant, based on two occupants in the first bedroom and one occupant in each additional bedroom. Thus, a three bedroom dwell- ing unit would require the whole-house ventilation to provide outdoor ventilation at the rate of 60 cfm. This is calculated as follows: GLAZED AREA (TYP) 4' x 3' FLOOR AREA = (WIDTH) x (LENGTH) 15 x 20 = 300 sq.ft. For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 mz. Figure 8303.1 NATURAL LIGHT AND VENTILATION WINDOWS 2004 FLORIDA BUILDING CODE, RESIDENTIAL COMMENTARY 3-29 PROVISIONS DO NOT APPLY TO WALLS AT RIGHT ANGLES TO THE WALLS IN THE en iertcniT Qi w ninin BUILDING PLANNING ONE-HOUR FIRE-RESISTANCE RATING WITH EXPOSURE FROM BOTH SIDES ~~- I EXTERIOR WALL NO OPENINGS PERMITTED For SI: 1 foot = 304.8 mm. ONE-HOUR FIRE-RESISTANCE RATING WITH ~ 6 ~ i~ EXPOSURE FROM BOTH SIDES ~ ~~ PROJECTION ENE-HOUR FIRE-RESISTANCE-RATED CONSTRUCTION ON UNDERSIDE OF 'ROJECTION EXTERIOR WALL NO OPENINGS PERMITTED PROJECTION > 6 FT ONE-HOUR FIRE RESISTANCE OF WALL AND PROJECTION NOT REQUIRED EXTERIOR WALL Figure R302.1(i) EXTERIOR WALLS AND PROJECTIONS vided capable of producing an average illumination of 6 footcandles (6.461ux) over the area of the room at a height of 30 inches (762 mm) above the floor level. All habitable rooms are to be provided with an aggre- gate glazing area of 8 percent of the floor area, with a minimal openable area of 4 percent of the floor area being ventilated. The purpose of the glazing and the portion that is openable is to provide both natural light and ventilation. The requirement for adequate light and ventilation dates back to at least 1619 when King James I issued a proclamation known as the Birth of Building Act. For example, in Figure R303.1, the room dimen- sions are 15 feet times 20 feet (4572 mm times 6096 mm), or 300 square feet (27.9 m2) of area. If windows B and C are double hung, with a combined glazed area of 24 square feet (2.23 mz), they provide the minimum area required of 8 percent of the floor area (300 sgare feet x .08 = 24 square feet). In this example, glazing unit A is not required for natural light. The minimum 8% glazed area applies strictly to the glazed area. The perimeter frame, horizontal and verti- cal mullions could not be used for this calculation. Additionally, in Figure R303.1, the combined open- able area (the net-free area of a door, window, louver, vent or skylight, etc., when fully open) of double-hung windows B and C is equal to 4 percent of the floor area [(300 sgare feet) x 0.04] = 12 square feet (1 m2)]. The openable area of window A is not required for ventila- 3-28 2004 FLORIDA BUILDING CODE, RESIDENTIAL COMMENTARY Page 1 of 1 EE',~E P~~ ~ ~~~ ~~~~ ~~~ ~~ ~E~ ~LT LSE http://countrysidehome.net/images/Zero-Lot-line-drawing.gif 2/26/2009 J J_ ~' Q J J_ ~" W IL ~` f {f! a 0 Z Q J ...x-_~~^_ _.-, ~ ~ , ~~-_::_ .~~::».,~~1~ Q to z z ~ ~ ~~ ,~ iaa~u ,GopcrosoS ~ j j~ ~ ~t \ a c~ } !, '.~.r.. ~.'4{ fie' ~ ~ W _.~._.._. _..~'_. .~ d °_ € .. ii .t', s1~ ~ ~ ~S~epuno~.Uuedad O k' w s O b ~ ~ '! ~i 1! 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