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HomeMy WebLinkAboutPublic Hearing 503 Text Amendment to Modify Fence Height PLANNING AND ZONING BOARD AGENDA ITEM 503 Consent Informational Public Hearing X Regular March 19, 2008 Meeting DEPT Authorization REQUEST: The 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. PURPOSE: The purpose of this Agenda Item is for the Planning and Zoning Board to consider draft code language to allow higher fences ( up to 4' -6") and in front of the front building setback 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 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. March 19, 2008 Public Hearing Agenda Item 503 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, which 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. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Board make a recommendation of approval to the City Commission for the proposed text amendment. ATTACHMENTS: A - Draft Ordinance 2008-06 B - Minutes of the November 13, 2007 City Commission meeting (Item # 500). C - March 6, 2008 Advertisement PLANNING AND ZONING BOARD ACTION: 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 ofthe public health, safety, and welfare ofthe 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 ikcottt 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 I 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 of the established building lines shall adhere to the following heights: W If front 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~ (0. Fences no more than four feet six inches (4'6") in height may be permitted on a case- by-case basis by the city manager to be located in front of the building line in zoning districts which provide for horses and ponies or commercial riding stables as permitted uses. Any fence approved by the city manager under this subsection shall be constructed using non- opaque material. *** 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 City of Winter Springs Resolution No. 2008-06 Page 2 of3 validity of the remaining portions ofthis 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 12 OF 23 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 o/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 ofa 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 o/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, 2007 PAGE 13 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 THE CITY MANAGER TO BRING US BACK INFORMATION REGARDING FENCES BY EXCEPTION TO INCLUDE THE TYPE OF FENCING AND THE HEIGHTS - WHAT YOU SEE IS ALLOW ABLE." 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, "I 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 Hollow 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. i i i s OlS65107 3/. I. Notice: On March 17, 21108 @ 2:00 e f~e 0:;,gft:~0:;'d~eb~0~~6r~~ L CONSI . d the Orlando City Council OROINANCE 2008.05 g ~~~~gl~ gtfau':;~~r~e~ineii~ AN ORDINANCE OF THE ~ r~t~!ogjn~;*:rr~~~~:n ~~T~~ ~~X~~~:~J~rJA~ r two the foilow. AMENDING SECTION 6.84 e ing' OF THE CITY OF THE CITY CODE RE. d OF' CHANG. LATED TO ACCESSORY f. ING ZONING BUILDINGS TO ADDRESS t MA CERTAIN AND REGULATE PRI- e LAN RALLY OCATEO VATE, DETACHED GA- NORTH OF STATE RO ~~~E~~t~~~lg~N~lig~ OUTH OF FORBES PL, INCONSISTENT ORDI- PRAIRIE. A NANCES AND RESOLU- TIONS, INCORPORATION INTO THE CODE; SEVER- ABILITY; AND AN EF- FECTIVE ,DATE, ORDINANCE 2008-06 AN ORDINANCE OF THE CITY COMMISSION OF AN TE. Inter: r~~I~bTs; OFF~d~rJA~ HS~C ested parties may appear AMENDING SECTION 6-190 ~UR and be heard regarding this e~ TTJlg Clt6 CO~gN'1:EE ASS I N. ::'o~~aroM~g~c~fi~h~:o'i~: HEIGHT LIMITATIONS; ~~~I r. ~ibd~,i't;,r; ~idrICI~~~';o~f~ k~~n'LI~~ f~I~RT~~ MERh ~USTOS' UN. 06F3 wSI'o'SnhsinmgatdoeoPuPr~,Ongl athney hdeeacri-. CONSISTENT ORDINANC- KNOWN SPOUSE O~ MERCVBUS- " S dl ES AND'RESOLUTIONS, TOS' and all unknown . S. ing wiilneed a record of the I NCORPORA TION I NTO parties claiming, bY, L proceedings and may need THE CODE, SEVERABILI- through. under or against E to ensure that 0 verbatim TY AND AN EFFECTIVE the herein named Defend,- p. rfiiOt~~tii~o~~d~ndi~~\~~~~~ DATE. g~t~e,;,;,~oO~r~lr~~. k~~~rh:~ . t on which the appeal Is to be ON WEONESO sold unknown parties claim S. based. Persons with dlsabil- AT 7:ooEAP as heirs, devisees, grantees, I Titles needing assistance or .THER assignees. lienors, credi- lP; on interpreter to participate COMMISSI tors, trustees. spouse~ or J. ~~~r~cf~~~cc~f~r~7~r~~~~f W1NTEW HALL grh:ridl~~\f"Ea~l"~TTi:z~T~J In: fice @ 407-246-2251 at least 1126 EA ROAD 434 PARTIES intended to ac- \~: 24 hours In advance of the WINTER SPRINGS. FLORIDA count for the person or per- of meelilig. The proposed ordinances m~ ~&~6~1~s~~Gihkl~lliN '. Is OLS649721 3/6108 may be Inspeeled bY inter- SYSTEMS, INC. ~~ NOTICE: On March 17, 2008 @ 2 ~~~d a~~rJI~~~~tiXg~~a~ Defendants. ~:: ~~ia'>,id~~7t~hr~~~~lj' ~?I~ t~[~~gc~e~r;d6'f1'ice?tlo~~~ NOTICE OF SAU ~a ~?tl~ ~0:"~nl~ha~g~:~.g2~g ~g4,a\.N.?te~~~trl~~i; ,,~~ Natice is hereby ~iven that, 1m Fir City Hail 400 S Or d F nformatlon mpuernStuaonft Ftoortehcios~~~1 J~r:d i~g ang''; Avenue, Orlanda. FL cgil (.ll!7l'~~f-~sbo #227. ~er. February 21, 2008 In this Ice 32801 of O~ sons with disabilities need- cause, I wili sell the proper- bt: f IDA l~ga~~si~Jat~~~o:,~~.\V~~; ty situated in ORANGE or THE should contact the Employ- ~~:unty, Florida described ate ee Relations Department \lId Coordinator, 48 hours in ad- LOT of. vance of the meeting at 220 ast (407) 327-1800. Extension TH the 236. This is a pUblic hear- BO ing. If you decide to appeal PU ~rtn r~ga'em~~dfri~on[~~c~i COU Planning Agency with re- spect to any matter consld. ered at this meeting. you will need a record of the proceedings. and for such purpOses, you may need to ensure that a verbatim reo cord of the proceedings is made upon which the ap- peal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed or. dinances. Avenue, Suite N 301, Sanford. FI 32m (407) 665- 4227 within 2 working days of your receipt of this no- tice, if you are hearjng or voice impaired, call 1-800- 955-8m. DATED this 21 day of Feb- ruary 2008. MARYANNE MORSE Clerk of Circuli Court (CIRCUIT COURT SEAL> By Mary Stroupe ATTORNEY ro; ~Dr3~~~ Clerk Stephen .M. el Esquire 725 NGrtfl n I a Avenue Orloooo, r e 2803 ~ . . . . . . 3/6, 13. 2008 . CIRCUIT COURT NINTH JUDICIAL CUlT IN AND FOR OR- N E COUNTY, FLORIDA CASE NO. 48-2007.CA-D13012'O. ~ivision 33 SA, NATIONAL AS. TRUSTEE FOR NO- EOUITY LOAN INC. CERTIFICATES SE- ATTACHMENT C THURSDAY, MARCH 6, 2008 F3 wherein BANK OF NEW' YORK AS TRUSTEE FOR THE CERTIFICATEHOL- DERS CWABS, I NC. AS. SET-BACKED CERTIFI'- CATES. SERIES 2006-BC1 is , is Piaintiff and Jeffrey A. ~'rdth~d~~it~n~~~e~:~~~; Association, Inc.; Space Coast Credit Union: Un- known Tenant NO.;1, Un- known Tenant No.2 and All Unknown Parties Claming Interests BY, Through un- der or Against a Named De- fendant to this Action, or ~~:I~~g~r, ~gr.i~~ l~t~~:S~ in the Property Herein De- scribed, are Defendants, I will sell to the highest and best bidder for cash at Vo- lusla County Courthouse. ,101 North Alabama Avenue, R m 0-251, 2nd Floor. Clerk's Conference Room, Deland, Florida 32720 at Vo- lusia County, Florida. at 11:00 a,m. on the t8th day of MARCH 2008, the following de- scribed property as set forth in said Order of Final Judgment. to-wit: ~ VD8 100 as :~~I 1 in .lty l'~t of w- G. nON PER. ~E A- r=: A- R E y jre- opy ~f; ill I. leal !Ing re- ~n~ ide, bnd ap- IOns 'as. f to blic the .246- ad- ANY PERSON CLAIMiNG AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY. OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FiLE A CLAIM WITHIN 60 DAYS AFTER THE SALE. AffiNTlON: PERSONS WITH OiS" ABIUTlES If you ore a person with disability who needs o'ny accommodation in -or. der to participate in this proceeding, you are enti. tied, at no cost to you. to the provision of certain os. slstance, Please contact Court Administrator at Suite 300. Courthouse An" nex, 125 E. Orange Ave., Daytona Beach. FL 32114; TRACT Tel.: 386-257-6096 within two ~Ul ~~i~0~~i1~~a~bWto~r 6~ THE SALE; If you are hearing NGE Impaired. call 1-800.955-8771; If you are voice impaired, caill-800-955-8770 THIS IS NOT A COURT INFORMA- TION LINE DATED at Deland, Florida. on February 13. 2008. DIANE M. MATOUSEK As Clerk. Circuit Court (CIRCUIT COURT SEAL> By: JENNIFER VAZQUEZ As Deputy Clerk E. Inter. es ed parties may appear and be heard regarding this matter. A COpy of the pro- posed Ordinance is avail. able in the City Clerk's of- fice, City Hall. Persons wishing to appeal any deci. sion made during the hear- ing will need a record of the proceedings and may need to ensure that a verbatim record is made. including the testimony and evidence on which the appeal is to be based. Persons with disabil- Ities needing assistance or an Interpreter to participate in the publiC hearing should contact the City Clerk's of- fice @ 407-246-2251 at least 24 hours in advance of the. meeting. CSE655254 316108 alkJa t4600 Haathermere Lana, Orlando. FL 32837 at public sale, to the highest and best bidder. for ,cash, h':,~s~r~~~fecTo~n~~5 C~~;tth Orange Avenue, Suite 350. ~H88~~,M~ ~~~~CH azt \1:. Any person claiming an in- terllst In the surplus from the sale, if any, other tha~ ATTORNEYS roR PLAINTIFF: l~~ 3~fe"~Prht'I\~e~e~Je~s Smith. Hiatt 8. Diaz, P,A. must file a claim within 60 PO Box 11438 days after the sale. Ft. Lauderdole, DATED at Orlando. Florida FL 33339-1438 this 21 day of FEBRUARY. Phone: (954) 564-0071 2008. 1183.38851 LYDIA GARDNER. Clerk of the Circuit' Court VOL648355-FEB.28.MAR.6 (CIVIL COURT SEALI 'IN THE CIRCUIT COURT By: Normgipufe ~r~;~ OF THE NINTH JUDICIAL ATTORNEY FOR PLAINTlIt. CIRCUIT IN AND FOR OR- DOUGLAS C. ZAHM: P.A. ~~e~Lc~g~;SYN FLORID" t~r~ci~er~n ~3r64' #300 CASE NO. 48-2007.CA-3507 (727) 536-4911 phone OiVlSION 35 W~~u53,ir~09~ ~~~son with a NEW YORK AS TRUSTEE di,sabililY who needs accom- CERTlFICATEHOLOERS modation In order to partic. C ASSET-BACKED CER- ipOte in this proceeding, you SERIES 2006-8. are entitled at no cost to you, for the provision of certain assistance. Please contact Court Administra- tion at 425 North Orange Avenue, Suite 2130. Orange. Florida 32801, Telephone 1407) 836-2303. within two 2) working days of your re- ceipt of this document. If r~~~:eed, h~~ r ir.~ot~55~~}~f COR655506 . 3/6. 13, 2008 f ARCA'ffiiJ PARRA, et ai, Defendant(s). ~ AdVertisement of Sale OLS651984 3/6/08 Notice: On March 17. 21108 @ 2:00 ,m or as soon thereafter as t~~ '(1i~l~'i,'d~grt:ec~~~~~1 will hold 0 public hearing in Council Chambers at City ~~.\I, ~~o~r ?r8~rgtct~en~'t 32801, to co . er on the 2nd ~f two the r1fJI~~ NOTICE IS HEREBY GIV- EN ttiat the undersigned in- tends to sell the personal property described below to enforce a lien imposed on sold property under The Fiorida Self Storage Facili- ty Act Statutes (Section 83.801-83.809) . The undersigned will sell at public sale be competitive bidding on the 21st day of March, 2008 at 8;00 a.m. on the premises where said ~~~p;rrirc~aasr~i~~a~l~r~1 Orlando Business Center., 2200 Forsyth Road, County of Orange. State of Florida, the following: Geraldine Anderson Unit .: B03 NOTICE OF RESCHEOUUO FORECLOSURE SAU NOTICE IS HEREBY GiVEN pursu. ant to an Order Reschedul- ing Foreclosure Sale dated January 25. 2008 and en. tered in Case NO. 48-2007- CA-3507 of the Circuit Calf"