HomeMy WebLinkAbout2007 06 06 Public Hearing 502 Ordinance 2007-21
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 502
Consent
Informational
Public Hearin
Re ular
x
June 6, 2007
Meeting
REQUEST:
The Community Development Department - Planning Division requests the Planning & Zoning
Board / Local Planning Agency hold a Public Hearing related to Ordinance 2007-21 which
revises the "Minimum Community Appearance and Aesthetic Review Standards" of the City
Code to include Residential Compatibility and Harmony Regulations.
PURPOSE:
To add appropriate text to the Code of Ordinances that will facilitate the review of residential
additions, modifications, and expansions for compatibility with the existing structures and the
surrounding neighborhood.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041(3)(c). Florida Statutes.
Winter Sprine:s Charter Section 4.15 Ordinances in General.
Winter Sprine:s Section 20-57. The planning and zoning board shall serve... to recommend to
the city commission the boundaries of the various original zoning districts... and any
amendments thereto. .. act on measures affecting the present and future movement of traffic, the
segregation of residential and business districts and the convenience and safety of persons and
property in any way dependent on city planning and zoning.
CHRONOLOGY:
May 22. 2006 - City Commission passed Emergency Ordinance 2006-08 establishing a compatibility
review for residential additions, modifications, and expansions.
November 13. 2006 - City Commission approved Ordinance 2006-22 extending the sunset
provision set forth in Ordinance 2006-08 for an additional six months.
April 23. 2007 - City Commission approved Ordinance 2007-19 further extending the sunset
provision set forth in Ordinance 2006-08, as amended by Ordinance 2006-22, for an additional three
months.
June 6, 2007
P&Z/LPA PUBLIC HEARING AGENDA ITEM 502
CONSIDERATIONS:
Numerous deed restricted communities have been permitted and development within the City of
Winter Springs. These deed restrictions were intended, in part, to protect the character of the
residential communities by prohibiting uses and structures that are incompatible with the residential
areas.
Over the years, the City has relied on these private deed restrictions to provide homeowners with
regulatory protection that preserves the character and harmony of residential areas. Because ofthis
reliance, the City has not historically had reason to impose numerous other legislative land use
restrictions on existing residential communities within the City, especially in older existing
subdivisions that are designated Planned Unit Developments. Because of this reliance, the City has
previously exempted single family residences from the Minimum Community and Aesthetic Review
Standards set forth in sections 9-600et. Seq., Winter Springs Code.
Recently, some of the older deed restricted communities have inadvertently allowed their deed
restrictions to expire under the Florida Market Record Title Act. The expiration of these restrictions
has left some residential communities without any significant regulatory mechanism to protect and
preserve the residential character of these communities, especially with respect to additions,
modifications, and expansions of existing single family residences. As a result, the expired private
restrictions have potentially exposed some residential communities to buildings and structures that
are incompatible to existing single family neighborhoods.
The City Commission, having considered the possible wide ranging negative impact of the expired
private deed restrictions on the residential character of some areas within the City of Winter Springs,
directed the City Attorney and City Staff to draft an ordinance that would establish a comprehensive
regulatory methodology that will require all additions, modifications, and expansions of structures
within residential areas to be aesthetically compatible and in harmony with the surrounding
neighborhood and with the residential character of that neighborhood.
FINDINGS:
· The request is in conformance with the directive from the City Commission to establish a
compatibility review process.
· This process is necessary to preserve the residential character of some residential
neighborhoods in the City that have allowed their private deed restrictions to expire as
well as others neighborhoods that have no deed restrictions.
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board/LP A hold a Public Hearing related to
Ordinance 2007-21, and make a recommendation of approval to the City Commission regarding
amending the text of the Minimum Community Appearance and Aesthetic Review Standards
section (9-600 through 9-606) of the City Code and adding section 9-607, Residential
Compatibility and Harmony Regulations, to the Code of Ordinances.
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P&Z/LPA PUBLIC HEARING AGENDA ITEM 502
IMPLEMENTATION SCHEDULE:
June 14,2007- Public Noticing in Orlando Sentinel for 1 st Reading (7 days prior)
June 25, 2007- City Commission First Reading of Ordinance 2007-21
July 1,2007- Public Noticing in Orlando Sentinel for 2nd Reading (5 days prior)
July 9, 2007- City Commission Second Reading /Adoption of Ordinance 2007-21
ATTACHMENTS:
A. Draft Text Amendment
B. Ordinance 2007-21
PLANNING & ZONING BOARDILPA RECOMMENDATION:
June 6, 2007
P&Z/LPA PUBLIC HEARING AGENDA ITEM 502
ATTACHMENT A
ARTICLE XII. MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW
STANDARDS.
Sec. 9-600. Statement of findings and purpose.
(a) The City of Winter Springs has evolved into a unique family-oriented community with
extraordinary cultural character and beauty. Indicative of Winter Springs' uniqueness is its
reputation as primarily a residential community with beautiful mature trees, award-winning
parks, scenic lakefront vistas, and innovative development projects such as the Tuscawilla PUD,
Village Walk, Cross-Seminole Trail, and the Towne Center--within close proximity to several
internationally-renowned tourist destinations including Walt Disney World, Universal Studios,
Kennedy Space Center and several major cruise ship terminals.
(b) In recognition of Winter Springs' uniqueness, the city commission has determined that a
deliberate and conscientious effort must be made by community leaders, in partnership with
architects, planners, realtors, builders, and the citizenry of Winter Springs, to protect the general
welfare of the community by preserving and improving Winter Springs' aesthetic appearance,
beauty, and character--so as to ultimately enhance the quality oflife and civic pride of all people
who reside, work, vacation, or spend time in Winter Springs.
(c) The facilitator of this effort shall be the city commission, whose primary purpose shall be to
encourage creative, effective, and flexible architectural standards and cohesive community
development consistent with the intent and purpose of this article.
(d) The cultural character and beauty of Winter Springs involves, among other things, the
aesthetic quality of all one sees in moving about the entire community. Consequently, the
ultimate designers and developers of buildings and structures must be informed of the larger
context in which their particular works will be viewed within the community. The task of the city
commission shall be to provide a mechanism by which proposed new development and
modifications or rehabilitations of buildings and structures can be reviewed and approved, in a
uniform manner, so as to be in harmony with the comprehensive architecturally related policies,
objectives and standards adopted by Winter Springs for the overall betterment of the community.
(e) It is recognized by the Florida Supreme Court that zoning solely for aesthetic purposes is not
outside the scope of the police power of municipal govemments--like Winter Springs. It has also
been judicially recognized in Florida (and in other jurisdictions) that the promotion of aesthetic
beauty also protects property values, tourism, and other economic interests which Winter Springs
deems vital to the community.
(f) Zoning is the single most powerful legal enforcement of an overall urban concept, but alone
it does not create beauty, aesthetic order, or amenity. The task of the city commission shall be to
preserve various elements of urban beauty and require that new and redevelopment projects being
developed enhance existing development and the landscape of the community.
(g) The essential foundation of beauty in communities is harmony. The plan for achieving
beauty must grow out of special local characteristics of site, development and redevelopment
potential. Some local areas of natural beauty are Lake Jessup, city parks, Cross-Seminole Trail,
and conservation areas designated in the city's comprehensive plan. The vistas and visual delight
of these should only be enhanced.
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(h) It is the intent and purpose of this article to apply to all new commercial, industrial,
institutional, multi-family, and residential subdivision development projects and major
alterations thereto. It is not intended to apply to individual single-family residences except as
specified in section 9-607 of this ordinance.
(Ord. No. 2003-43, ~ 2, 1-26-04, Ord. No 2006-08)
Sec. 9-601. Approval prerequisite for permits.
(a) Except as provided in subparagraph (b) of this section, all new building elevations and
accessory structures, and proposed permanent signs for buildings or structures, or major
alterations thereto, shall be approved by the city commission before a permit is issued for any
such building, structure, or sign, which has an exterior visual impact or effect on the community.
(b) Notwithstanding paragraph (a) of this section, if the city manager determines that a building
permit application is minor or insignificant, the city manager may grant the permit without
submitting the application to the city commission for approval, providing the permit is consistent
with the intent and purpose of this article. For purposes of this paragraph, the phrase "minor or
insignificant" shall mean a small scale renovation or modification project affecting a small site
and having a nominal exterior visual impact and effect on the community. Any party or person
adversely affected by a decision made by the city manager may appeal said decision to the city
commission.
(Ord. No. 2003-43, ~ 2, 1-26-04)
Sec. 9-602. Minimum standards; compliance with other code provisions.
The requirements of this article shall be considered minimum standards. Further, they shall be
deemed supplemental of, and in addition to, all other applicable codes adopted by the city
including, but not limited to, the Land Development Regulations, and all fire and building
regulations.
(Ord. No. 2003-43, ~ 2, 1-26-04)
Sec. 9-603. Procedure.
(a) Submission of application. As part of the site plan or subdivision review process, or upon
separate application created by the city manager, all applicants for development approval subject
to the provisions of this article shall submit to the city manager or his designee the application
and documents prescribed in section 9-605.
(b) Scheduling and notice of hearing. Upon receipt of the required documents, the city manager
shall forthwith schedule a hearing on the application before the city commission. Said hearing
shall run concurrently with the site plan or subdivision review process to the extent feasible and
practicable. Public notice of the time and place of the public meeting shall be posted at places
within the city deemed reasonably appropriate for providing such notice.
(c) Conduct of hearing; approval or denial. At the designated public hearing, the city
commission shall hear the applicant on the proposed application, and shall hear from members of
the general public in accordance with the rules and procedures adopted by the city commission.
During the public hearing, the applicant may be present in person or by counsel, and the
applicant has the right to present evidence in support of the application and cross examine
adverse witnesses whose testimony is offered at the hearing. The city commission may approve,
approve with conditions, or disapprove the application only after consideration of whether the
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P&Z/LPA PUBLIC HEARING AGENDA ITEM 502
following criteria have been satisfied:
(1) The plans and specifications of the proposed project indicate that the setting, landscaping,
proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are
coordinated in a harmonious manner relevant to the particular proposal, surrounding area and
cultural character of the community.
(2) The plans for the proposed project are in harmony with any future development which has
been formally approved by the city within the surrounding area.
(3) The plans for the proposed project are not excessively similar or dissimilar to any other
building, structure or sign which is either fully constructed, permitted but not fully constructed,
or included on the same permit application, and facing upon the same or intersecting street within
five hundred (500) feet of the proposed site, with respect to one or more of the following features
of exterior design and appearance:
a. Front or side elevations;
b. Size and arrangement of elevation facing the street, including reverse arrangement; or
c. Other significant features of design such as, but not limited to: materials, roof line, hardscape
improvements, and height or design elements.
(4) The plans for the proposed project are in harmony with, or significantly enhance, the
established character of other buildings, structures or signs in the surrounding area with respect
to architectural specifications and design features deemed significant based upon commonly
accepted architectural principles of the local community.
(5) The proposed project is consistent and compatible with the intent and purpose of this article,
the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Towne
Center guidelines, SR 434 design specifications) and other applicable federal, state or local laws.
(6) The proposed project has incorporated significant architectural enhancements such as
concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns
and piers, porches, arches, fountains, planting areas, display windows, and other distinctive
design detailing and promoting the character of the community.
(Ord. No. 2003-43, ~ 2, 1-26-04)
Sec. 9-604. Duration of approval.
Approvals by the city commission under this article shall be valid for a maximum of eighteen
(18) months from the date the city commission renders its approval at a public meeting. If the
applicant fails to obtain a building permit within the eighteen (18) month period, the city
commission's approval shall expire at the end of the period. However, once a building permit is
issued, the approval shall be valid for a time period equal to the permit and shall expire only if
the building permit expires. Reasonable extensions may be granted by the city commission upon
good cause shown by the applicant, provided substantial changes have not occurred in the
surrounding area that would make the prior approval inconsistent with the criteria set forth in
section 9-603.
(Ord. No. 2003-43, ~ 2, 1-26-04)
Sec. 9-605. Application criteria.
An applicant shall submit the following application information to the city manager or his
designee for consideration by the city commission:
(1) A site plan in accordance with other provisions of the city code.
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(2) Elevations illustrating all sides of structures facing public streets or spaces.
(3) Illustration of all walls, fences, and other accessory structures and the indication of their
height and the materials of their construction.
(4) Elevation of proposed exterior permanent signs, outdoor advertising or other constructed
elements other than habitable space, if any.
(5) Illustration of materials, texture, and colors to be used on all buildings, accessory structures,
exterior signs, and other constructed elements.
(6) Such other architectural and engineering data as may be requested to clarify the application.
(Ord. No. 2003-43, ~ 2, 1-26-04)
Sec. 9-606. Building permits; enforcement.
Unless otherwise provided by this article, no building permit shall be issued until the city
commission has approved the proposed building's or structure's architectural specifications and
design features, pursuant to this article. Any final plans and specifications that differ
substantially, in the opinion of the city manager, from the approved application by the city
commission shall be resubmitted prior to the issuance of the building permit. All approved
specifications and design features shall become a binding condition of, and made a part of, the
building permit(s) secured for the building or structure associated therewith. The building permit
shall be enforced in a manner similar to all other building permits issued by the city.
(Ord. No. 2003-43, ~ 2, 1-26-04)
Sec. 9-607. Residential Compatibility and lIanllonv Regulations
(A) It is the intent of these regulations to promote and protect existing residential
developments bv prohibiting additions, modifications. and expansions of structures ,md
buildings that area incompatible and not in harmony with the subject property and with
the surrounding neighborhood. These regulations shall apply to existing residential land
uses and residential principal and accessory buildings and structures located thereon or
intill residential development [projects on vacant lots within established residential
developments.
(B) Before anv building pemlit is issued for the addition. modification, and expansion of any
building or structure ona residential lot. the city manager or his designee shall consider
and review the plans and specifications to determine whether or not the proposed
addition. modification. and expansion is compatible and in harmony with existing
buildings and structures on the subiect property and with the surrounding neighborhood.
CompatibiLity and harmony shall be detennined based on a review of the setting.
landscaping, proportions. materials, colors, texture. scale, unity, balance, rhythm.
contrast. and simplicity of the proposed addition. modification, or expansion. Nothing
herein shall be construed to prohibit a proposed addition, modification. or expansion that
significantlv enhances the established character of other buildings and structures on the
subiect property and within the surrounding neighborhood in accordance with the review
criteria stated above and commonlv accepted architectural principles of the local
community.
(C) Irthe city manager or his designee determines that the addition. modification, and
expansion is not compatible and in haITI1onY, the building permit application shall be
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denied on that basis. The applicant shall have the right to appeal the denial to the citv
commission. Said appeal shall be tiled with the city manager in writing within tive (5)
calendar days of denial. Upon review of the appeal, the citv commission shall render a
final decision 011 the issue ofresidential compatibility and harmony. All decisions of the
city commission shall be considered final and shall be subiect to appeal to a court of
competent iurisdiction pursuant to law.
(D) These reuulations are supplemental and in addition to all other applicable provisions of
the City Code. '1'0 thc extcnt that these regulations contlict with anv other provision of
the City Code, these regulations shall prevail and apply.
lOrd. No 2006-08)
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ATTACHMENT B
Ordinance 2007-21
Ordinance 2007-21 will be provided the night of the meeting