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Home My WebLink About2005 01 24 Public Hearings 403 waiver request by Charles and Sandra Lacey City Commission AGENDA ITEM 403 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR 01/24/05 Meeting MGR.~illEPT /~ Authorization REQUEST: The Community Development Department recommends the City Commission hear a waiver request by Charles and Sandra Lacey from Section 20-103 of the City Code of Ordinances, to encroach 3 feet into the 20 foot side building setback to add on to the side of an existing single family residence. This was previously heard as a variance, but has directed back through the BOA, pursuant to the newly adopted waiver provisions (Section 20-34 ofthe City Code) in Ordinance No. 2004-49. PURPOSE: The purpose of this agenda item is to consider a request by the Laceys for a waiver of the requirements of Section 20-123 of the City Code of Ordinances to encroach 3 feet into the 20 foot side building setback (pursuant to Section 20-34) at 733 Bear Creek Circle (Lot 21, Bear Creek Estates, depicted in Plat Book 26, pages 57-59 of the Public Records of Seminole County, Florida). The applicable 20 foot side building setback is set forth on the fmal subdivision plat, cited above. DISCUSSION: The applicant received approval from the Bear Creek Homeowners' Association Architectural Control Committee (please see attached). On July 1, 2004, the BOA heard the variance request and recommended denial. On July 26, the City Commission heard the request and voted to postpone the request, pending information from the City Attorney regarding waivers. Ordinance No. 2004-49, providing for waivers, was adopted December 13, 2004, and became effective immediately. The new regulation provides a different and much less difficult set of criteria than those set forth for variances. The City Commission implied on multiple occasions that perhaps this is an example to which a waiver should apply. Based on the commission's implied directives, staff has processed this as if the applicant had formally applied for a waiver. At its regularly scheduled meeting of January 6, 2005, the BOA voted unanimously to recommend the waiver request be approved. January 24, 2005 Public Hearing Item 403 Page 2 APPLICABLE CODE: Sec. 6-2. Compliance with Chapter. Article XI. NON CONFORMITIES (Sec. 9-561 through 9-566) Sec. 20-34. Waivers. Sec. 20-82. Duties and powers; general. Sec. 20-103. Restrictions upon lands, buildings and structures. Sec. 20-166. Front, rear, and side yard regulations. CHRONOLOGY: June 16, 2004 - Bear Creek HOA Architectural Control Committee approves drawing, plan layout, and concept of encroaching into building setback June 18, 2004 - Variance application was received by City. July 1, 2004 - BOA heard the variance request and voted to recommend denial. July 26, 2004 - City Commission votes to postpone the request, pending further information from the Attorney regarding waivers. December 13, 2004 - City Commission adopts Ordinance No. 2004-49, providing for waivers from City Code requirements. January 6, 2005 - BOA hear waiver request and voted to recommend approval. FINDINGS: 1) Lot No. 21, of Bear Creek Estates, is zoned PUD (Tuscawilla PUD) and has a Rural Residential Future Land Use designation. 2) The required side yard building setback is 20 feet, as set forth on the face of every page ofthe plat. 3) The applicant had requested a variance (now a waiver request) to encroach 3 feet into the 20 foot side yard building setback, to within 17 feet of the side property line. 4) The applicants have provided the attached memo of June 16,2004, from the neighbors adjacent to the proposed addition, stating their endorsement of the proposed building addition into the side yard building setback. 5) A waiver requires compliance with all six (6) criteria outlined in Code Section 20-34: a. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. January 24, 2005 Public Hearing Item 403 Page 3 b. The proposed development plan will significantly enhance the real property. c. The proposed development plan serves the public health, safety, and welfare. d. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. e. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. f. The proposed development plan is compatible with the surrounding neighborhood. BOA ACTION: At its regularly scheduled meeting of January 6,2005, the BOA voted unanimously to recommend the waiver request be approved. RECOMMENDATION: The BOA and staff believe that the request is consistent with the waiver criteria and recommend approval. ATTACHMENTS: A - Location map, plat pages, and plot plan B - Application & supporting documents C - July 26, 2004, Commission minutes D - Ordinance No. 2004-49 E - December 13, 2004 Commission minutes (of adoption ofOrd. No. 2004-49) F - Draft January 6,2005, BOA minutes COMMISSION ACTION: ,~ . . . Continu d Pg 2617 = i } - - - - - - - ,- - - - - , , , 687 '- 688 I I I I I G >- ,--- I , o l- I >- Z I t: w . 1_ _=:1. ~_ ~ _ _ _ _ _ _ _ _ _._ , ~ V) . . "',':J ~ .... -.-.... --- F ~: ~ M bO ~ -"0 . 8 : i:l _ _. I- : ~ -- I -:-;a..-i_ i:l I ILl . - o I 2} : U____ ~; o w; / , c I I / / N Y ,.' , 731 .I' 733 7$5 .::~ 737 '- I l4I, ~ : ?:l; \ /. I I ~::. I J \. A ~' -~~;~-t-i-FLtR-/D-A('~""'\\" - _~_O-""":--"-_--.__ "'p'_~ I '. I I ~~..., I OWr- \: I.. I " ,.... ---.l. t-,.. Continued Pg 2632 2 - 3 I 751 : 753 , I I I \ I , \ \ I , , \ ...\. ..;..........,J_...~.. ......\. .';..... " 8< : UTILITY,' EASEMENT \ \, \)~~\,\"G~ ~ _ ~ _ ~ " /"', ... . 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'" \3 o o V1 cI-'~" ''1t ~ :f SOd' (j,~ W (}J tJ - ~..~ /IIF~. CJ;e c,- ~ ATTACHMENT B ( . r".._ I. . , 'BOARD OF ADJUSTMENT APP~ICATION CITY OF WINTER SPRINGS 1126 EAST S~ATE ROAD ~J4 WINTER'SPRINGS, FL .32708".;.2799 (407)327-1800 FOR: ....~. ,y--. ~ SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USE ADMINISTRATIVE DECISiON 1. APPLICANT: .~H;n.ltS f SA,vUtU' L.Aary ADDRESS: 1 ~'''; . &~r " ~fc:. Cif"~.e. . ([j ~"7 ) 'PHQNE ~~ -Cf'ia. 7 , , 2 PURPOSE OF REQUEST,: 12eC;:k~tiA{ S'~ti~V4.-r\~( {"~~t = 3, ATTACH A COpy OF THE PARCEL SURVEY. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS, SoU. Sk<,v~I,! l..pt 21 I B.ea.r 6re.ie-fc: ~~MES ' ATTACH LEGAL' DESCRIPTION, PlA-t Bo"k 2tc J pp ~'1-f:1 TAX PARCEL ~DENTIFICATION NUMBE~:' 0 ~ - 2} - q, - is G.B - OOel::) _ <.\ 410 4, 5, 6, . 7. LOCATION 'OF PARCEL (Street Address and/or Nearest Cross S t r e e t s ) : ~ . "( 'S '3.. ~~,. C.r~ ~K C it-d4... u); ~-:\~r S'~T' ~1s, r'- 3:1"l bR a. PRESENT ZONING ~u b FUTURE .LAND USE i~WF/C ))&J!:t> <<l1"JJ.,.. By Signing beloW'I understand that City of Winter Springs Officials may enter upon my property to inspect that portion, as relates to this application: (If the applicant is not the owner of the subject property, applicant must' attach a letter of authorization signed by owner) t-ha4{~} A. ~l-~ OWNER-PLEASE~TYPE _- ~ <L ("hlor- OWNER-S 0 ATU'. . t&le the <;~tL H. iAc~7 ~7/~ "/I7/0f PERSONS ARE ADVISED THAT, 'IF THEY DECIDE TO APPEAL ANY..' DECISIONS HADE AT THESE MEETINds/HEARINGS, THEY WItLNEED A ,RECORD OF THE PROCEEDiNGS AND FOR SUCH PU~POSE, THEY WILL NEED TO INSURE THAT A VERBATIM 'RECORD OF THE PROC~EDINOS IS MADE, 'AT'THEIR 'COST, WHICH: INCLUDES THE TESTIMONY AND'EVIDENCE UPON WHICH THE APPEAL IS Tn R~ I ' BASED, PER ~~("IJ'ITI""'.t "lOc /"I'",,, ______ oi' .. <~ <;..J. 1.-' APPLICATION INSTRUCTIONS A Staff. Report will be developed fol;' each' Application. The A~plicant should be piepared to address each of the issues provided below for Variance requests. the.Board of Adjustment must ~ake the are and or con__t_ons and' circumstan es do not resul t of the applioant. will not confer on e. that: is denied b this structures in the same "',' inimum variance that the' land. buildin or or ot the' be, to the 7 . T policies ust be. con istent with Comprehensive Plan. and . " . . THE APP~ICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH. THE NAMES AND AD~RESSES OF EACH PROPERTY OHNER 'WITHIN '150 FT. OF EACH PROPERTY LINE BY THE SCHEDULED TIME. ' , . THE APP~ICANT IS' RESPONSIBLE TO POST THE BLUE 'NOTICE CARD ON THE I SITE AT LEAST SEVEN DAYS PRIOR TO THE?OARD OF :ADJUSTMENT HEETINO./, .,r AT WHICH THE MATTER HILL BE CONSIDERED. SAID NOTICE SHALL NOT BE POSTED WITHIN THE CITY RIGHTS-OF~WAY. Memo To: Whom It May Concern From: Joseph & Margaret MCWhertor 731 Bear Creek Circle Winter Springs, FL 32708 Lot 20 Bear Creek Estates, 07-21-31-SGB-0000-0200 Date: June 16, 2004 Re: Home improvement at 733 Bear Creek Circle Lot 21, Bear Creek Estates Our direct neighbors to the east, Charles and Sandi Lacey, are planning an addition to their home on the side that faces our property. We understand that this will require a variance to the side setback of less than three feet. We have reviewed their architectural plans and feel that this will be an improvement to their property and, thus, to the whole community of Bear Creek Estates. Accordingly, we endorse our neighbors' home addition plans. Q~p-Q,,- fL~~dL (:;) M 1Jv\-L~r:;I~"c/C'\ "')t &, I 0 4 . I I GI/~' (;~/ BEAR CREEK ESTATES HOMEOWNERS ASSOCIATION APPLICATION TO THE ARCHITECTURAL CONTROL COMMITTEE THIS SECTION TO BE COMPLETED BY PROPERTY OWNER: PROPERTY OWNER NAME: ~ H-AR.LE-.$ ? Sfr.v~~ L/tcEY PROPERTY ADDRESS' 13> ~ ~~...t- Cte..elc C!u-c.I e, L/o'7 r '3{'1- tt~ ).1 S4-~~ SPECIFICATIONS OF IMPROVEMENT: (specifIcations must contain particulars of imprOYemellt, Le., colors, & materials list. If roof involved, outline of roof line as related to existing structure. If fence include color, style, height FOUC1N requirements in Covenants and Restrictions.) IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH ON SHEET OF PAPER. (>\-lA-S~ ~~L ~os~ ~lfu:fw-J drt.dli,c. ~ eJ~(J~ S. l1t l\tw fODh'\ uJi II b~ ~1\t-"~4- bL,~ b>~~;OV\. \tl.lAfIMJ ~ ~S'h~ koLtS~ wi1{ /.L 'rt'O~ ',.....L +U erl"t-M -\1-..t ~s~ (rUu") I S\ ~7 ("o8t 'vii1\. iJ.udJmJ ~J-.I'~'t.~ ~ui. t'dd+ ~,+d . SITE PLAN: (use a copy of lot survey if available or draw here shONing lot property lines, location of existing house, and highlight where improvement will be placed BE SURE TO FOLLOW SETBACK REQUIREMENTS.) 5~ t.N-iPsd w;1h oJJl1r~~ I" ruL. A ~ V.(.t\~c! r~l(.At-sf t'S i~ ~rc>ce.-<>~ ~ I\1l. 6-ry fQ~" 4;d( le. i6L~l!'d. ELEVATION SKETCH: (if imPfOYOO'lent is porch be sure to shC1N hC1N roof lines come together) E~f..osul I hereby submit to the Architectural Cental Committee fO( consideration, and agree to obtain necessary building permits and adhere to building setbacks as specified. DATE: 4/;v/;r SIGNATURE (M THIS SECTION TO BE COMPLETED BY AC COMMITTEE ~ROVED c:> DENIED DATE k .~ l ~- ~ C/ COMMENTS/SIGNATURES OF AC COMMITTEE: I I I . . . . - . ; . . - I - I - I I I If) 0 0 ....... c:5 \01 ~ ~ {>. I;:) D ~ N N ~~ .... V1 . C)) =u ?J 0" 0 + '> :D If) If) 0 0 0 .0 c:5 c:5 C)) .vi ~ {>. -l>- ~ ~ ). z ~~~~ r ~ = ~ .~ ~ .... ft) = ~ v > -n -n .... > -i t \~. 't-. oJ' o ,.." 70 ~ "\~ ~ ~ G 1- __ ~ a;.. ~ \-t. S\ - ...... l;) I;:) IJ \) l'0 l'0 Cl 0 ~ ~ l'0 0 o ~ :D ~~ .... "6 l'0 CJ1 o \ ' 0' ::::;. N ~ (") ~,,,-- c:: .... -. ~ ~ v. %-. 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I I - ir-l': -~=T! n\ i !r'--" ~ll ='"=11: 1 'I !, 1" ! i[~=~T '=~=l I ! ifr~~ F:~,.~~i~-1 ~EI~"- CJ ~ J : I 1P~:;2;;J ~l-'l-- Ii 'i I: :1 ~! p c' " , ~ ~ - :> I! I' I: :1 II 'I II I: ,i ,I 'I " II ~n~-':: ' : 'i " Ii 'Ii!, jjr-~i' i!i '-' iJ! Ii l=____~ I I ~- =-----=;------1 j !IW~\ i i ; ,-----:::-:::.:::,__~__..l_~--, ! I ' ATTACHMENT C CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 15 OF 28 Mr. Austin Squitiuri, 270 Maltese Avenue, #5, Fern Park, Florida: as Executive Salesperson for KW Signs and Graphics, Mr. Squitiuri spoke on this Request. Further discussion. Mr. Dave Hadelman, 2423 Leaning Pine Lane, Oviedo, Florida: as the owner of Famous Uncle AI's Hotdogs, Mr. Hadelman addressed the City Commission on this Request. Discussion. Tape 2/Side B Commissioner McLeod said, "Tell us what your total square footage needs to be by going to the nine inches (9") - I would like to Table this for the present." REGULAR 505. Community Development Department Recommends The City Commission Hear A Request For A Variance By Charles And Sandra Lacey From Section 20-103. Of The City Code Of Ordinances, To Encroach Three Feet (3') Into The Twenty Foot (20') Side Building Setback To Add On To The Side Of An Existing Single Family Residence. Mr. Baker introduced this Agenda Item. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: addressed his Variance Request. Discussion. Commissioner McLeod said to Attorney Garganese, "It seems to me the Commission in this type situation should be able to take a look at this - and make a decision without trying follow the six (6) criteria - if the homeowner and the Association and the Architectural Review Committee and everybody else is saying this thing is okay for their neighborhood, then why would we not give a Variance to do it? So my suggestion here Commission - we need to direct the Attorney to take a look at this as to a way, that when something of this nature comes in front of the Commission, they are able to act on it." Commissioner McLeod also said, "What is written in our books, that needs to be updated and taken a look at - and I would like the other Commissioners to direct the City Staff to do that also." Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2004 PAGE 16 OF 28 Next, Commissioner McLeod said, "I still disagree with - Commissioner Blake and would like to see if the other Commissioners would like to have the City Attorney take a look at this thing and come back to us for special circumstances that allow us to make a Variance judgment, other than these six (6) criteria. That opens it up where the Commission can use good common sense to do what is right for the neighborhood." With discussion, Attorney Garganese suggested, "We could put something in the Code that allows the Commission to waive certain Code provisions under certain circumstances, but that requires a different set of rules for the Commission to apply." Commissioner McLeod responded, "I think that is something we should take a look at." Mayor Bush added, "I think the Commission needs that ability to do this." Furthermore, Mayor Bush said to Commissioner McGinnis, "Do you agree?" Commissioner McGinnis remarked, "Absolutely." Commissioner Gilmore noted, "I agree." With further discussion, Commissioner Blake responded, "No." Commissioner McGinnis then said, "I would definitely be interested in - if other cities have waivers, what do they look like?" Commissioner McLeod added, "Direct the City Attorney to try to get this back to us in the next sixty (60) days." "I MOVE THAT WE POSTPONE MR. LACY'S REQUEST, PENDNG FURTHER INFORMATION FROM THE ATTORNEY REGARDING WAIVERS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese stated, "What I am going to come back with is a draft Ordinance that establishes a waiver - a waiver procedure for you to consider. If the Commission adopts that Ordinance, then you would likely have to reapply for a waiver and the Variance application could either be held in abeyance until you consider the Waiver application, or if you grant a Waiver, then the Variance application would just go away." Mr. Baker mentioned that "We have a big sign as Mr. Lacey noted in front of his house - the question is since his neighbors don't object, can that sign come down, or do we need to put it back up whenever this comes back before you?" Mayor Bush said, "I would think it could come back for right now..." Mr. Lockcuff added, ".. .And put it back up later. " ATTACHMENT D ORDINANCE NO. 2004-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES, PROVIDING FOR REVISED AND ADDITIONAL APPLICATION AND PROCEDURAL REQUIREMENTS FOR REZONING, VARIANCES, CONDITIONAL USES, WAIVERS, AND ADMINISTRATIVE APPEALS; PROVIDING THE CITY COMMISSION WILL REVIEW RECOMMENDATIONS OF THE PLANNING AND ZONING BOARD WITH REGARD TO ANY APPLICATION FOR REZONING; PROVIDING THE CITY COMMISSION WILL REVIEW RECOMMENDATIONS OF THE BOARD OF ADJUSTMENT WITH REGARD TO ANY APPLICATION FOR VARIANCE, CONDITIONAL USE, WAIVER, AND ADMINISTRATIVE APPEAL; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article vrn, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 163, Florida Statutes, requires the City of Winter Springs to adopt, amend, and enforce land development regulations that are consistent with and implement its adopted comprehensive plan; and WHEREAS, the City has the police power to establish comprehensive zoning districts and regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); and WHEREAS, the City Commission desires to provide design flexibility in new development and redevelopment within the City; and WHEREAS, the City Commission has determined it to be advantageous, under certain defined conditions, to allow for the waiver of certain land development regulations where the intent of the City's comprehensive plan and zoning code is met and the project will be significantly enhanced from the minimum requirements of the City Code; and City of Winter Springs Ordinance No. 2004-49 Page 1 of 25 Wlfl?"Dl? A ~ th", ("'it" fl",C;l''''c fA cfl''''am1;-n", <>-nrl c<;....."'l;.j::" fl,,,, "".....o~f "......11. "at; n... -~nnenn n~.:l "...........;.....~.......""""", U.l.V '-')."J U.VU.l..L\tJu "V uuv .lJ.J..U.UV U.U.U ~u.J.J.'p.UJ.J \.11\,.1 \.IU.ll\.lllL a}lpl \.t lUll plUv l)~ allU general procedure relevant to land use decisions; and WHEREAS, as indicated herein, it is also the intent and purpose of this ordinance to substitute the tenn "special exception" with the more modern tenn "conditional use" and that with respect to previously issued special exceptions under the code sections modified hereunder, said special exceptions shall be considered synonymous with conditional uses and subject to the tenns and conditions hereunder; 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 ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Chapter 20 Code Amendments. The City of Winter Springs Code, Chapter 20, Zoning, is hereby amended as follows: (underlined type indicates additions and stIikcout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance oftext existing in Chapter 20, Zoning. It is intended that the text in Chapter 20, Zoning, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 20. ZONING * * * ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY PROCEDURE: LAND USE DECISIONS Sec. 20-26. Intent and purpose. The intent and purpose of this division is to set forth the procedure for applying for variances. conditional uses. rezonings. waivers. and administrative appeals as set forth in this chapter. Sec. 20-27. Action of the city City commission: authority. City of Winter Springs Ordinance No. 2004-49 Page 2 of 25 Sec. 20~28. Actions to alte., etc. Due process: Special notice requirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice. be heard, present evidence. cross-examine witnesses. and be represented by a duly authorized representative. (b) In addition to any notice requirements provided by state law. all public hearings under this Division shall be publicly noticed for at least five (5) calendar days prior to the date of the hearing. Said notice shall include the address ofthe subiect property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: ill Posting the affected property. ill Posting at city hall. ill Notifying, by U.S. mail. all owners of real property adiacent to and within one hundred fifty (150) feet of the subiect property. The notice requirements set forth in subsections (I). (2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision rnade under this Division. (a) All applications for 1czoning within thc city shall be presented to the. planning and zoning bOa1d rOI their consideration and rccommendation to the dty commission. Affirmativc ae.tion by thc dty commission upon any rezoning application shalllcquile a public healing by the city commission. The public hCaling hcfOIO the dty commission shall be ad v crtiscd according to tho procedmcs set forth in V.S. cll. IG] and V.S. ch. IGG, as they no~ exist or as thcy may be 1enumbcled 01 amendcd. City of Winter Springs Ordinance No. 2004-49 Page 3 of 25 'b' Tl ;t'lr 1~~1 ;p'~. . .Ll I ..1.L __ -1 ..L1 J.. "'1--....._.................~..._~___~_..:I.-J..~_.~_ _.C".l.1.. \ ) J.uv VH] VVull1u" 1VU 1" aUU1VUL.,vU LV piVvvvU WHUVUL LIl~ivvVUUUvuuauvu" Vi Uiv ~~a~~~~_~ ~ld zoning boatd if such lccammelldatialls at(, not foH'I1arded to the city commission within seven (7) days flam the date ofthe planning and zoning boald moeting. Sec. 20-29. Applications. ffi The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this division. At a minimum. all applications for rezonings. variances. conditional uses. waivers, and administrative appeals shall be accompanied by the applicable application fee adopted by the city commission and shall contain the following information: ill A general description of the relief sought under this division. ID A brief explanation as to why the application satisfies the relevant criteria set forth in this division. ill The name(s) ofthe ownerCs) of the particular real property. ffi If the applicant is other than all of the owners of the particular property. written consent signed by all owners of the particular real property shall be attached. ill The legal description of the particular real property, accompanied by a certified surveyor that portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the particular real property. @l The current and future land use and the zoning designations on the real property. Sec. 20-30. Staff review. ffi The city staff shall be required to review all applications for rezonings. variances. conditional uses. waivers. and administrative appeals. and make written recommendations to the applicable city board and the city commission. City of Winter Springs Ordinance No. 2004-49 Page 4 of 25 (b) ~ application. along with the recommendation. to either the planning and zoning board or the board of adiustment. as required by this division. for a duly noticed public hearing. U on com letion of the written recommendation dtu staff shall forW'ard the Sec. 20-31. Rezonin~s. w.. Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. .GiL The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall . include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. @ Upon receipt of the planning and zoning board's recommendation. the city - commission shall make a final decision on the application. lithe city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may. at its discretion. consider an application without the planning and zoning board's recommendation. @ All rezoning applications shall be reviewed for compliance with the following standards: ill The proposed rezoning change is in compliance with all procedural requirements established by the city code and law: ill The proposed rezoning change is consistent with the city's comprehensive plan including. but not limited to. the Future Land Use Map and the proposed change would not have an adverse effect on the comprehensive plan: m The proposed rezoning change is consistent with any master plan applicable to the property: ill The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; ill The proposed rezoning change would not create a spot zone prohibited by law; @ The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and City of Winter Springs Ordinance No. 2004-49 Page 5 of 25 servIces such as schools. utilities. streets. and other municipal serVices and infrastructure; ill The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established bv the city's comprehensive plan; ill Changed or changing conditions make the proposed rezoning necessary; ill The proposed rezoning change will not seriously reduce light or air to adj acent areas; (lQ} Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning. the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; .Clll The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property: @ The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (U) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; M The proposed rezoning does not violate any applicable land use regulations adopted by the city. W In approving a change in the zoning classification on a lot or parcel of land. at the request of or with the concurrence of the owner of said lot or parcel. the city commissibn may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regulations in the same zoning district. Such restrictions may include one or more of the following: ill Use restrictions greater than those otherwise specified for that particular district; City of Winter Springs Ordinance No. 2004-49 Page 6 of 25 ill Densitv restrictions . eater than those otherwise s"'ecified for the "articular district: ill Setbacks greater than those otherwise specified for the particular district. including setbacks from lakes and maior arterial roadways: ill Height limits more restrictive than otherwise permitted in the district: ill Minimum lot areas or minimum widths greater than otherwise specified for the particular district: @ Minimum floor area greater than otherwise specified for structures in the particular district: ill Opens space requirements greater than otherwise required for property in the particular district: 00 Parking. loading driveway or traffic requirements more restrictive than otherwise required for the particular district; i2l Fencing or screening requirements greater than otherwise required for the particular district: am Restrictions on any other matters which the city commission is authorized to regulate. Upon approval of such restrictive rezonings. the planning division shall enter a reference to the restrictions on the city's official zoning map. and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land. without regard to transfer of ownership or other interests. and may be removed only upon further amendment to the zoning classification of the subiect property in accordance with the procedures prescribed herein. Sec. 20-32. Variances. ill Any real property owner may file a variance application requesting variance from this chapter for their real property. ill- The board of adiustment shall be required to review all variance applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section. City of Winter Springs Ordinance No. 2004-49 Page 7 of 25 (r.1 .1,.::;..L.. make a final decision on the application. If the city commission detennines that the board of adjustment has not made a recommendation on an application within a reasonable period oHime. the city commission may. at its discretion. consider an application without the board of adjustment's recommendation. U onrec.ei t of the board of ad-iustment' s recolrJillendation the cir r commission shall @. All variance recommendations and final decisions shall be based on an affinnative finding as to each of the following criterion: ill That special conditions and circumstances exist which are peculiar to the land. structure or building involved and which are not applicable to other lands. buildings or structures in the same zoning district. ill That literal interpretation ofthis chapter would deprive the applicant of rights commonly enj oyed by other properties in the same zoning district under the tenns of this chapter and would work unnecessary and undue hardship on the applicant. ill That the special conditions and circumstances referred to in subsection (d)(l) ofthis section do not result from the actions of the applicant. @l That approval ofthe variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands. buildings. or structures in the same zoning district. ill-. That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land. building or structure. ID That approval of the variance will be in hannonywith the general intent and purpose of this chapter. and will not be iniurious to the neighborhood or otherwise detrimental to the public welfare. Sec. 20-33. Conditional uses. (ll Any real property owner may file a conditional use application requesting a conditional use oftheir real property providing the conditional use is listed in the applicable zoning district category. .GiL The board of adiustment shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. City of Winter Springs Ordinance No. 2004-49 Page 8 of 25 @ Upon receipt ofthe board of adiustment' s recommendation. the city conunissiun shail make a final decision on the application. lithe city commission detennines that the board of adiustment has not made a recommendation on an application within a reasonable period oftime. the city commission may. at its discretion. consider an application without the board of adiustment' s recommendation. .@l All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: ill Whether the applicant has demonstrated the conditional use. including its proposed scale and intensity. traffic-generating characteristics. and offsite impacts. is compatible and hannonious with adiacent land uses. and will not adversely impact land use activities in the immediate vicinity. @ Whether the applicant has demonstrated the size and shape of the site. the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening. buffers. landscaping. open space. off-street parking. and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. ill Whether the proposed use will have an adverse impact on the local economy. including governmental fiscal impact. employment. and property values. !iL Whether the proposed use will have an adverse impact on the natural environment. including air. water. and noise pollution. vegetation and wildlife. open space. noxious and desirable vegetation. and flood hazards. ill Whether the proposed use will have an adverse impact on historic. scenic. and cultural resources. including views and vistas. and loss or degradation of cultural and historic resources. (Ql. Whether the proposed use will have an adverse impact on public services. including water. sewer. surface water management. police. fire. parks and recreation. streets. public transportation. marina and waterways. and bicycle and pedestrian facilities. ill Whether the proposed use will have an adverse impact on housing and social conditions. including variety oihousing unit types and prices. and neighborhood quality. City of Winter Springs Ordinance No. 2004-49 Page 9 of 25 Sec. 20-34. 'Vaivers. ill Anyreal property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted. conditional and prohibited uses set forth in any zoning district category) ifthe property owner clearly demonstrates that the applicable term or condition clearly creates an illogical. impossible. impractical. or patently unreasonable result. !Jll. The board of adjustment shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. ill Upon receipt ofthe board of adjustment's recommendation. the city commission shall make a final decision on the application. If the city commission determines that the board of adjustment has not made a recommendation on an application within a reasonable period oftime. the city commission may. at its discretion. consider an application without the board of adjustment's recommendation. @l In addition to the standard set forth in paragraph (a) above. all waiver recommendations and final decisions shall also comply with the following criteria: ill The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. @ The proposed development plan will significantly enhance the real property. ill The proposed development plan serves the public health. safety. and welfare. ffi The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. in. The waiver granted is the minimum waiver that will eliminate or reduce the illogical. impossible. impractical. or patently unreasonable result caused by the applicable term or condition under this chapter. @ The proposed development plan is compatible with the surrounding neighborhood. Sec. 20-35. Administrative appeals. City of Winter Springs Ordinance No. 2004-49 Page 10 of25 (alA"" f1na1 <lrlm1"}' "tr<lf1"'" rlel'ls1(,\'" ..",,..,.,,..,.11,,,,,,,, fl.", "''''f('\rc.o......o...f ^.. ;...f"'.....~"'fnf;o~ ^~ft..l. n ~ .J. L.a.'" J ........... .I. \.t.u..&.....u,u. ...".. ............., v U V.l. J.vu. J. '""6"'.1 U.U.1& \..1.1\,1 \"IJ.J..l.V vl11\,1U.L Vi I1H.\.I1'pJ. \,.,It.au 11 Vol 'l11 l7) chapter. where it is alleged there is an error by an administrative official. can be appealed as set forth in this section. (b) Appeals shall be taken within thirty (30) days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker. date of the decision. applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal. the city manager shall schedule the appeal before the board of adiustment and transmit all documents. plans. papers or other materials constituting the record upon which the action appealed from was taken. @ The board of adiustment shall be required to review all administrative appeals and make a recommendation to the city commission. ID Upon receipt ofthe board of adiustment' s recommendation. the city commission shall ~",make a finaLdedsionon the administrative appeal. If the city commission determines that the board of adiustment has not made a recommendation on an administrative appeal within a reasonable period of time. the city commission may. at its discretion. consider an application without the board of adiustment' s recommendation. {ll Review of administrative decisions shall be based on the following criteria: ill Whether the applicant was properly afforded procedural due process: @ Whether the decision under review is supported by competent. substantial evidence: and Ql Whether the decision under review complied with applicable law. including a proper interpretation of any provision under this Chapter. .Ql The city commission shall have the right to reverse or affirm. wholly or in part. or may modify the order. requirement. decision or determination as ought to be made. and to that end. shall have all the powers of the officers from whom the appeal is taken. Sec. 20-36. Expiration of conditional use. variance and waiver approvals. (a) Any conditional use. variance or waiver approved by the city commission under this Division shall expire two (2) years after the effective date of such approval by the city commission. unless a building permit based upon and incorporating the conditional use. variance. or waiver is issued by the city within said time period. Upon written request of the property owner. the city commission may extend the expiration date. without public hearing. an additional six months. City of Winter Springs Ordinance No. 2004-49 Page 11 of 25 orovided the ore ertv owner demon~trates !:Tood cause for the extension. In addition if the aforementioned building permit is timely issued. and the building permit subsequently expires and the subiect development proiect is abandoned or discontinued for a period of six months, the conditional use. variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health. safety. and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use. variance. and waiver previously granted by the city commission. It is the intent and purpose ofthis subsection to void any previously granted conditional use. variance. and waiver permit that does not comply with the provisions ofthis section and to require the property owner to reapply. under current circumstances. for said permit should the property owner desire or need said permit. *** DIVISION 3. BOARD OF ADJUSTMENT *** Sec. 20-82. Duties and powers; general. Thc boald of adjustment shall make lccommcndations to the city commission to grant any val iancc or special cxception as delineated in this chaptel. illffl The board of adjustment shall have the additional following specific powers and duties: ilia:- To hear and make recommendations on appeals only where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted. as provided in this chapter. illb: To review and make recommendations to the city commission on any application for variance. as provided in this chapter. To heal and make rcconnnelldations to the city commission on special e.xceptiol1s as authOlizcd under the terms of the city's zoning Oldinanccs, to make recommendations to the city commission on such questions as arc involved in dctmmining when special exccptions should bc glanted, and to make recommendations to thc city commission City of Winter Springs Ordinance No. 2004-49 Page 12 of25 V..U.. up'"'V.l.".I. vrtr..,",vy".l.V .I. .I. ""'t'y.l.v.t'.L.I.""...... VV.L.L..........."'.Lv.....LU .........L...... _..L-O~_.L u, v.... "'V .L""_.......L.L:.a...I. ....~ denial of spedal exceptions when not in hatmony with the purpose and intent ofthe zoning rcgulations. hl granting any special exception with appropriate conditions and safcguatds, violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chaptel. The boatd ofadj ustmcnt may recommend. a reasonable time limit within which the action rot which the special exception is required shall be begun or completed, or both. The boatd ofadjustment may recommcnd the granting of speeial exceptions w hen the applicant is seeking a minor de v iation from zoning requirements so long as the gr anting of such spedal exception does not cause a change of chat acter in the neighborhood, docs not constitute a rezoning of the property in question or does not create a hatdship for any o[tho adjacc.nt property. The boatd of adjustment may also recommend the granting of special exceptions within C-l neighborhood commercial districts when the applicant has not sought a use listed in section 20-2J2, when the use sought will not cause an undue hatdship to the area onhe city, will not create a halatd or thteat to the health, safety and w~JfaJ:e of the comll11:lnity, will generally comply with the eharactcr of the neighborhood and when the usc is in harmony with the intent of the zoning ordinances of the city. me:- To review and make recommendations to the city commission on any application for conditional use, as provided in this chapter. To recommend upon appeal such valiance from the tams of this chapter as will not be contrary to the public inter cst whcre, owing to special conditions, a litcral enfurcement of the provisions ofthis chapter will tcsult in unnecessary and undue hatdship. In order to recommcndany variance from thc terms o[this chaptor, the board of adjustment must and shall find. 1. That special conditions and circumstances exist which are peculiar to the land, stntGture or building involved and which ate not applicable to other lands, structmes or buildings in the samc zoning district, 2. That the special conditions and circumstances do not result from the actions of the applicant, J. That granting the vatianee requested will not confer 011 the applicant any special pri v ilege that is denied by this chapter to other lands, buildings or structmes in the same zoning dist1ict, 4. That literal interpretation of the provisions of this chapter would depri v e the applicant of rights commonly el1joyed by other propeliios in the City of Winter Springs Ordinance No. 2004-49 Page 13 of25 same !\..!1l!hg dist11...t undel t1i..' te-ll!!5 vf this chal,te-f and wIJuld w'-,lk mmecessary lundship on the applicant, 5. That the, valiance glanted is the minimum variance that will make possible the reasonable use o[t11e land, building or structme, 6. That the grant o[the variancc will be in harmony with the general intent and pmpose oHilis chaptCl, will not be injmious to the neighborhood, or other wisc detlimental to the public welfale. GL To review and make recommendations to the city commission on any application for waiver. as provided in this chapter. illd: To hear and make recommendations on such other matters and issues and give such guidance as may be required by law or requested of it by the city commiSSiOn., ,', (2) In rGcollunending the granting of any valiance, thc boatd of adj ustment may rcconuncnd appropIiate conditions and safeguatds. Violations of such conditions and safegualds, when made a part ofthe temlS undo which thc valiance is granted, shall be deemed a violation of this chapter. The boald of adjustment may rccommend a reasonable timc limit within which the action [or which the valiance is required shall be begun or eompletcd, or both. (3) Undcr no circmnstances shall the board of adjustment recommGnd tile gr anting of a valiance to pcnnit a use not generally or by speeial exce.ption PCllllitted in the zoning distlict involved, or any usc Gxpressly or by implication prohibited by the. te11115 oftrus chaptcr in thc zoning distlict. No noncon['Orming use of neighboring lands, str uctwcs 01 buildings in the same zoning classification or district, and no permitted use of lands, structwcs or buildings in othOl zoning classifications or distticts shall be considered grounds for the authorization of a variance. .Gllt4} The board of adjustment may recommend such rules of procedure as are necessary and not in conflict with the provisions ofthe Code of Ordinances ofthe city, or those statutes of the state which are specifically applicable to municipalities. (5) In exercising its powers, the. board of adjustmentmaJ, upon appeal and in conformity Nith provisions of this chapter, rccommend reversillg or affirmillg, Nholly or palily, or may recommend modifying the order, requhcment, decision or determination as ought to be madc, and to that end shall have all tile powers of the officers from whom the appeal is taken. Amajority vote of all members of the boatd shall be necessary to rcconunend reversal of any City of Winter Springs Ordinance No, 2004-49 Page 14 of25 nf.~t 1 llr"~.11;11O'l11nat It .-t~ ;S~-1 1 d L t; L..r 1...1 . . .L . L. ,....".(:"1:':_. 1 .-..~.L_ 'V...-u........1., .1."''1".1..1.\.1.1. V U" \..1.\,1\.11. 1.VJ.~ V~ \"I"\.I~l~Ul~aUVII Vi allY ~U\lJJ aUI1JIJU~Ua.llVCi vrrlvlClJ, VJ tV' recommend deciding in fa v 01 of the applicant on any matter upon which the boar d is r cquir ed to pass under these regulations. Sec. 20-83. PI ocedUl es. Reserved. (a) Up 011 receipt, in proper form and with appropriate fx:cs, an application for a variance, spc,cial exception or conditional use as delineated in this chapter, the board of adjustment shall schedule such appliCation fur consideration at a public meeting. (b) All such applications will be processed within sixty (60) days of receipt of same. (C) All meetings for consideration of a variance, spccial cxeeption or conditional use~ shall be llotice,d for at least seven (7) days Plior to the date, o[the meeting in the fullowing manner. (1) rosting the affected ploperty with anotiee of the meeting whieh indicates the matter to be considel ed. (2) rosting in city hall a notice of the meeting which indicates the ploperty affected and the matter to bc consideled. (3) At least seven (7) days prior to the meeting, the board of adjustment shall also noti~ all ownelS of property adjacent to or within one hundred fifty (150) feet of the propcrty to bc affected of the timc, datc and placc of the mceting. Such letter must also indiCate the vaIianec, special exception or conditional use H:qucstcd, and must rcquire ploof of ddivery. (d) All inter cstcd per sons shall bc entitlcd to bc heal d at such mce,tings 01 to be heard by written statement submitted at or prior to such mecting. (e) In the c v cut a special exception, v a1iancc~ or conditional use is not authorizcd by the ordinances of the, city, the pelson rcquesting the unauthorizcd action must submit an application pU1suant to sections 20-28. (f) Appeals to the bOald of adjustment may be taken by any person aggrieved or by any officer, bOal d or bm can of the city affected by any decision of an administuti v e official under the zoning regulations. Such appeal shall be taken within thhiy (30) days after such decision is made by filing with the officer from whom the appeal is taken and with the bomd of adjustment, a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed b, the lUlcs ofthG board. The administrative, official flom whom the City of Winter Springs Ordinance No. 2004-49 Page r5 of25 . . pp..,al 10 .a.l.\....,l1 .:>l1all, UPV1111VU11..,aUV11 Vl Ul.., 1111U5 Vl U1V appvcu, lVl Ul VV HU ua l"lUH LV Ull.,; boald of adjustment all the doe.uments, plans, papels or other materials c.onstituting the record upon whkh the action appealed flom was taken. (g) The boald ofadjustmellt shall fix a leasonable time fO! the heating onile appeal, gi v e public notke the-reof, as well as due notice to the partie-s in interest, and make recommendations to the city commission for the appeal w ithill a reasonable time. Upon the healing, any party may appear in persoll 01 by agent or by attorney. POI procedural purposes, an application fOl a special exception shall be handled by the boald of adjustment the same as for appeals. (11) Any vatianee, special exception 01 (,(mditional usc w hieh may bc granted by the city council shall expire six (G) months after the effective date. of such action by the city commission, unless a building permit based upon and incorporating the variance, special exception or conditional use is obtained within the afor esaid six -month period. lIo w Cv er, the city ('0l11111ission may rencw such valiance, special exception or c.onditional use for one (1) additional pollod of six (G) months, provided good cause is showll and the application f{)1 extension shall be. filed with the bOald at least thirty (30) days prior to the cxpiration of the six-month period. Any renewal may be gtanted without public heating, howevel, a reapplication fec may be charged in an amount not to excced the amount of the original application fcc. It is intended that provisions contained within this subsection ale to be retloaetive to the extent that any variance, special exception or conditional use previously granted shall become void if a petiod oftime in excess oftwclve (12) months shall have lapsed, and a building permit based upon and incol porating the v atiallees, special exceptions 01 conditional uses has not been issued priO! to expiration of such time limit. *** ARTICLE III. ESTABLISHMENT OF DISTRICTS DIVISION 1. GENERALLY * * * Sec. 20-102. Official zoning map, working maps and procedures. *** (d) VoluntalY Rezoning application; plocedUles, standalds oflelie~. City of Winter Springs Ordinance No. 2004-49 Page 16 of25 1:ll1) 1-',....1.1..) 111U] \.I'iu.\.I'" vvu. L \.IJ.U.U LJ. .LVJ..l.V J.~J.J..l.6 VJ uu. .l..1. "" ~.I.0 '"" ......V.l Rezoning Application to the Community Development Department - Plauning Division, along with the items required to be supplied at time, of application, induding payment of any associated fees as established by resolution or ordinance onhc dry commission. After the, application is submitted, the planning and zoning board shallrcviGw the application at its next regularly scheduled meeting and shall forward its reeormnendations to th~ city commission. Subsequent to receiving the reeonnnendatiolls of the planning and zoning bOMd, the city conU11ission shall de,termine whether it w ill appro v e, appr 0 v e with conditions, or deny thc r czoning application. All rczoning applications shall be reviewed for compliance with thc following standmds. (I) The proposed rczoning changc is 111 compliance with 0.11 plOcedural requirements established by the city code and law, _ .-(2) . The proposed r~zoning change is consistent with the city's comprehensive plan including, but not limited to, the [<utUle Land Use Map and the proposed change would not have all advcrse eff-cct on the comprehensive plan, (3) The proposed rezoning change is consistent with any master plan applicable to the propcrty, (4) The. proposed rezoning change is not contrary to the land mc pattem established by the city's comprehensive plan, (5) Thc proposed rezoning change would not crcate a spot ZOlle plOhibitcd by law; (G) The proposed rczoning change would not matcrially altcr the population density pattern in a manner that would ovcrtax the load on public facilities and 5ervicGs stlch as schools, utilities, strects, and othor mUllicipalscr vices and infrastructure, (7) Thc proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in rdatioll to existing conditions on the propC1iy and the surrounding Mca and the land use pattern established by the city's comprehensive plan, (8) Changed or changing conditions nlake the proposed rezoning necessary, (9) The proposed rezoning change will not seriously rcduec1ight or air to adjacent areas; City of Winter Springs Ordinance No. 2004-49 Page 17 of25 lif"\'\ ("11 1..:1J..1 oJ.. 1 J....1 oJ..1 J...to 1 L J.." 1 ".,j ~ '..:t. L" \ ~ V) ""HVU~U U~'"' vuy U,", p~,",i:),",~U,",U VV HH vVHlpvLvlH i:)UUi:)LCUlual VV lUellvv UlUlvauuo that property values will be adversely affected by the proposed rezoning, the applicant nlust demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding Mea, (11) The proposed rezoning will not be a substantial detriment to the future improvement 01 development of~acant adjacent property, (12) The proposed rGzoning will not eonstitutc a grant of spccial privilege to an individual owner as c011trasted with the, public wdfate, (13) The proposed rczoning change is not out of scale 01 ine,ompatibk with the needs of the neighb01hood or thc city, (14) The proposed rezoning does not violate any applicable land use regulations adoptcd by the, city. ( e) PI O~ isions fOI I estl kth e I ezonings. In approving a e,hange in the, zoning classification on a lot or parcel ofland, at thc rcquest of 01 with the conCUIIcnce, ofthe owner of said lot or paIe,el, the city conunission may approve a rezoning subject to rcstrictions provided such restrictiolls do not confer any spccial privilege, upon the OW11e,r or subje,ct property that would otherwise be denied by the city's land de, v e10pment rq~ula:tions in the, same, zoning district. Such restrictions may include, one 01 mOle oHile following. Use restrictions greater than those othcrwise specificd for that patticular (2) distr ict; Density r e,strictions greater thatl those, other wise specified for the patiiculat (3) Setbacks gleater than those other wise specified for the particular district, including setbacks from lakes and major artGrialroadways, (4) Height limits mOle re,st1ictive than othGIwise permitted in the district, (5) Minimum lot areas or minimum widths gloater than othGmise specified f01 the particular district, City of Winter Springs Ordinance No. 2004-49 Page 18 of25 \V) particulal dist1kt, J.J.UJ.J. V".1J.\.IJ. YV.1LJ\".I Ul'VV.1.J.. .LV.L L,)\..L\A.V\-'A..LVU .1...1..1, '-.U.V (7) Opens space requirements greater than otherwise required for property in the partieulal district, (8) Parking, loading driveway or traffic requirements more rcstrictive- than otherwise rcquired for the particulal disttkt, (9) rencing or screening requirements greatcr than othGrwise requiIGd f01 the particulal disttiet, (10) Resttictiolls on any other matters which the city commission is anthorized to regulate. U:pon,approval of such r(,stIicti v(, l(,zonings, th(, planning di vision shall entGI. a 1(,[(,I(,nc(, to the IesbictiOl1S 011 the city's official z:oning map, and a notice of zoning restrictions shall be lecorded in the public rccmds ofSeminok County. Rcstrictions shallmn ~ith the land, without regatd to transfer of ownelship 01 other int('lests, and may be remOved only upon furth('1 anlendment to the zoning classification of the subj(,ct property in accmdancc ~ith th(, ploccdmcs prcscribed he-rein. * * * DIVISION 2. R-AAA SINGLE-FAMILY DWELLING DISTRICTS *** Sec. 20-123. Conditional uses. *** Defore a conditional use may be gr anted within the classification, the board of adjustment must, aftcI public heatings, find that the use or uses ale consistent with the general zoning plans and with the public interest. * * * DIVISION 3. R-CI SINGLE-FAMILY DWELLING DISTRICT City of Winter Springs Ordinance No. 2004-49 Page 19 of25 * * * Sec. 20-143. Conditional uses. * * * Dcfor c a conditional use may be granted ~ ithin the classification, the board of adjustment must, after public heatings, find that the use. or uses ate e.onsistcnt ~ith the general zoning plans and ~ith the pttblic interest. *** DIVISION 4. R-1AA AND R-IA ONE-FAMILY DWELLING DISTRICTS * * * Sec. 20-163. Conditional uses. *** (b) Defore. a conditional use may be granted ~ithin the classification, the board of adjustment must, after publie. he.atings, find that the usc or uses ate consiste.nt ~ith the gcne.ral zoning plan and ~ ith the public. inte.lCst. *** DIVISION 5. R-l ONE-FAMILY DWELLING DISTRICTS *** Sec. 20-183. Conditional uses. *** (b) Defore a conditional use may be grauted ~ithin the classification, the board of adj ustment must, after public heatings, find that the use or uses ate consistent ~ith the gencral zoning plan and ~ith the public interest. * * * DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS City of Winter Springs Ordinance No. 2004-49 Page 20 of 25 *** Sec. 20-208. Conditional uses. * * * (b) Defore a conditional use may be granted ~ithin the classification, the b01l1d of adjustment must, after public he1l1ings, find that: the use or uses 1I1C consistent with the general zoning plan and ~ ith the public inter cst. * * * DIVISION 7. Cl NEIGHBORHOOD COMMERCIAL DISTRICTS * * * Sec. 2-232. Uses permitted. * * * (b) Outdoor display and/or sales are prohibited except by special exception conditional use. * * * DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS *** Sec. 20-268. Conditional uses. * * * (b) Defore a conditional use may be granted ~ithin the classification, the b01l1d of adjustment must, after public heatings, find that the use or uses ate consistGnt ~ith the general z;oning and ~ith the public interest. *** DIVISION 13. GREENEW AY INTERCHANGE ZONING DISTRICT *** Sec. 20-337. Signs. * * * City of Winter Springs Ordinance No. 2004-49 Page 21 of25 l~ \ n~~~~~H'~" n~S4-"';^4- n^t~H'^V Irl~~4-:r.^^4-:on C':gn r'ln^ (1 \ ^-Ct..:..^^....-~l C^~"'U-^ --a" 1.. 1 t.J \1-') '-J~vvl1"'YVi:1y.v1 Ulv1 '-Ji:1 C;YVi:1J Ul;;l1ll1lvi:1U I 01 1. V1 c; \~) i:11 1111C;vlU1i:1 1va1 1v 111. y ue 10ea eu adj acent to the Greenway right-of-way within the northeast quadrant of the district that identifies the overall greenway Interchange development consistent with the following: (I) Maximum height of thirty-five (35) feet as measured above existing grade without a special exception conditional use being granted by the city commission. * * * ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS. *** DIVISION 3. SITING AND REGULATION OF TELECOMMUNICATION TOWERS Sec. 20-451. Telecommunications towers. *** (d) Location, permitted uses and special exceptions conditional uses *** (3) Additional telecommunication tower sites shall only be permitted as a special exception conditional use pursuant to this section. A property declared eligible for consideration as an additional telecommunication tower site is City of Winter Springs Fire Station #3 to be located on the south side by S.R. 434 in Tuscawilla Tract 15, Parcel 3 (approximately 2,300 feet west of Vistawilla Drive). The telecommunications tower located on this site shall require a special exception conditional use from the Winter Springs City Commission in accordance with this section and applicable City Code provisions. The tower on this site shall not exceed a height of one hundred twenty feet (120) and shall only be available as a tower site following approval by city commission as part ofthe grant ofthe special exception conditional use. Following approval and construction of the four (4) towers described in this subsection, additional towers may be applied for and justified in accordance with the applicable standards for a special exception conditional use in the City Code, as well as these standards: a. The tower at proposed Fire Station #3 and any subsequent additional telecommunication tower is required for public safety communication needs; or b. Technical data is presented by an applicant indicating that the proposed tower is the only technically feasible available site to assure telecommunications services coverage needs to area citizens; and City of Winter Springs Ordinance No. 2004-49 Page 22 of 25 c. Such technical data specified in subsection b., above, is not for speculative, untried telecommunications uses but is for cun-ent technology recognized or approved for service area needs and market conditions under applicable state, federal or local laws, regulations or ordinances; d. All such technical data shall be provided at cost to the applicant. The city may, in approximate cases in its sole discretion, retain the service oftechnically competent consultants to evaluate the data submitted by an applicant to justify an additional tower pursuant to this ordinance. The applicant shall post a deposit with the city manager or his designee in a sum such that the applicant for the additional telecommunication tower pays the full cost of technical review of such tower by city's consultant; and e. Initial review of any additional telecommunication tower sites shall be by the city's development review committee. The special exception conditional use shall also be considered by the planning and zoning board which shall make a recommendation to the city commission concerning said special exception conditional use; and *** (i) Abandonment. (I) In the event the use of any telecommunications tower has been discontinued for a period of one- hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building official who shall have the right to request documentation and/or affidavits from the telecommunications tower owner/operator regarding the issue of tower usage. The telecommunications tower ownerloperator shall provide all requested information within ten (10) working days of a request being made, and failure to so provide shall be deemed to constitute one hundred eighty days (180) days of non-use of the tower. Upon such abandonment, the ownerloperator ofthe tower shall have an additional ninety (90) days within which to: a. Reactivate the use ofthe tower or transfer the tower to another ownerloperator who makes actual use of the tower; or b. Dismantle and remove the tower. With regard to towers that received special exception conditional use approval, ninety (90) days after dismantling or the expiration of the two-hundred seventy (270) day period as set forth in this section, the special exception conditional use and/or variance for the tower shall automatically expire. Section 3. Additional Technical Conforminl: Amendments Not in Chapter 20. The following amendment to sections 6-192 and 9-386.4, City Code, are technical conforming amendment that are necessary to implement the provisions set forth in Section 2 of this Ordinance. Sections 6-192 and 9-386.4 are hereby amended as follows: (underlined type indicates additions and strikcont type indicates deletions). City of Winter Springs Ordinance No. 2004-49 Page 23 of 25 Sec. 6-192. Dtiiity easements. ( a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installation of new utilities or repairing or maintaining installed utilities, the utility company involved shall be responsible to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. (b) A dedicated right-of-way shall not be fenced by any private citizen. However, and only when it is determined by the board of adj tlstmcnt city commission that fencing, in whole or in part, of a public right-of-way is necessary to protect the health, safety, and welfare of the citizens of the city as a whole, thc boald city commission may authorize a spcdal cxception conditional use to permit a private citizen to erect a fence on a dedicated right-of-way contiguous to that citizen's property. Requests for such special cxceptions conditional use to this section shall be decided pursuant to the criteria of scction 20-82(1 )b, and to the procedures set forth in chapter 20 ofthe city code of scctions 20-83 and 20-84. (c) Any fencing approved by special exception conditional use to be erected on a dedicated right-of- way shall be constructed according to plans approved by the city staff, with gates adequate to allow access to maintenance vehicles. All costs incurred in fencing the right-of-way shall be borne by the contiguous property owner to whom the special exception conditional use may be granted. The fence shall be maintained in safe condition by the property owner who installed it, and the fencing when removed may be reclaimed by that property owner. (d) Such fences erected privately by special exception conditional use on a dedicated right-of-way shall not preclude access to or use of such public land by any citizen of the city. Sec. 9-386.4 Definitions. Development permit: Includes any building permit, conditional use. zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Section 4. 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 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 City of Winter Springs Ordinance No. 2004-49 Page 24 of 25 hA d~A,....."or1 #"\ C'101"\t'l"t"'r'lto r1~C'I+l...."n+ n.......d ~..........1o.~o....--r1^_+ p"''''''T~''''''~'''''''''' ,.._...1 ..............t... 1..01..:1.:........-- ~1-.....11 ~..._.L -f'.f:'__L .1..1__ .vv. vvUlvU. U OVPU1U'v, U10' Hv, UH HIUVp\JHUvIH IV V HHV11, i:111U ~UV11 11 lUH1~ :SHaH HUl i:1 ItCl ll1t validity of the remaining portions of this Ordinance. Section 6. 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. Section 7. 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 December ~ ' 2d.4'.../ . ). ~J, JO F. BUS'M, ~'ayor ORENZO-LUACES, City Clerk /' / Approved as to legal form and sufficiency for the C' f Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: November 22, 2004 Second Reading: December 13, 2004 Effective Date: See Section 7. City of Winter Springs Ordinance No. 2004-49 Page 25 of 25 ATTACHMENT E CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 15 OF 30 Ms. Susan Powell, 5381 Red Leaf Court, Oviedo, Florida: addressed the issue of easements on this property. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed with Mr. Lockcuff and Attorney Garganese. Discussion. Tape 2/Side B Further discussion. "I WILL MAKE A MOTION THAT WE APPROVE THE ITEM SUBJECT TO RETAINING A - FIFTEEN FEET (15') OF THE TWENTY-FIVE FOOT (25') RIGHT-OF-WAY - HAVE AN EASEMENT OVER THE EASTERLY EDGE, THE ENTIRE - 113.85 - WHATEVER IT IS, FEET NORTH TO SOUTH - PLUS OR MINUS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division And Office Of The City Attorney Requests That The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2004-49 To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To Rezoning, Variances, Conditional Uses, Waivers, And Administrative Appeals. Attorney Garganese read Ordinance Number 2004-49 by "Title" only. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Dr. Neil R. Backus, 110 East Panama Road, Winter Springs, Florida: spoke on his property and possible projects he had planned. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 16 OF 30 Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese noted, "If the Commission approves this, there will now be an opportunity for someone to request a Waiver - our Waiver standards are less stringent than a Variance Standard. And we did discuss that this person in Bear Creek could convert his Variance application into a Waiver application and have it heard once this Ordinance gets adopted." "MOVE TO APPROVE ORDINANCE 2004-49." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Office Of The City Attorney And Office Of The City Manager Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2004-51. Attorney Garganese read Ordinance Number 2004-51 by "Title" only and noted, "There is a Finding is the 'Recitals' that the property is considered surplus property." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "I WILL MAKE A MOTION TO APPROVE" ORDINANCE 2004-51. MAYOR BUSH NOTED, "MOTION TO APPROVE THIS ORDINANCE BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. ATTACHMENT F CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 6, 2005 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, January 6, 2005 was called to order at 7:00 p.m by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Chairman Waters led the Pledge of Allegiance. Chairman Waters asked ifthere were any Agenda changes. Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "I have asked the City Attorney [Anthony A. Garganese] to give us an update and a briefing on the newly passed Ordinance [2004-49] that greatly affects how we handle a lot ofthese Items." There were no objections from the Board Members. The City Attorney Garganese discussed the new Ordinance 2004-49 to the Board Members. Discussion. CONSENT AGENDA CONSENT 200. Approval Of The November 4,2004 Regular Meeting Minutes. Chairman Waters said, "The next - on the Consent Agenda to approve the Minutes from the November 4th [2004] Meeting." "I MAKE A MOTION TO APPROVE THEM AS THEY ARE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CAS MAN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 6. 2005 PAGE20F4 VOTE: BOARDMEMBERCASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Not Used. REGULAR 501. Community Development Department - Planning Division Recommends The Board Of Adjustment (BOA) Hear A Waiver Request By Charles And Sandra Lacey From Section 20-103. Of The City Code Of Ordinances, To Encroach 3 Feet Into The 20 Foot Side Building Setback To Add On To The Side Of An Existing Single Family Residence. This Was Previously Heard As A Variance, But Has Directed Back Through The Board Of Adjustment (BOA), Pursuant To The Newly Adopted Waiver Provisions (Section 20-34. Of The City Code) In Ordinance Number 2004-49. Mr. Baker presented this Agenda Item Discussion. Mr. Baker stated, "Staff believes that this is in Compliance with both the Code and with the Comprehensive Plan." Mr. Baker added, ''We - Staff, feel that this does meet those Criteria." Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: addressed the Board Members on his "Waiver Request". "I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE REQUESTED WAIVER AS APPLIED FOR BY MR. LACEY TO ENCROACH APPROXIMATELY THREE FOOT (3') INTO THE TWENTY FOOT (20') SIDE BUILDING SETBACK BASED ON THE RECOMMENDATION OF STAFF CITY OF WINTER SPRINGS MINlITES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 6. 2005 PAGE 3 OF4 THAT THIS REQUEST IS CONSISTENT WITH ALL THE WAIVER CRITERIA." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER FAIRCHLD. DISCUSSION. VICE CHAIRMAN JACK TAYLOR STATED, "I WOULD JUST LIKE TO COMPLIMENT MR. LACEY - WITH THE SYSTEM - AND PERSEVERING THROUGH ALL OF THIS." VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARDMEMBERCASMAN: AYE MOTION CARRIED. REGULAR 502. Office Of The City Clerk Election Of Officers. "I'D LIKE TO MAKE A MOTION THAT WE ELECT MR. TOM WATERS [CHAIRMAN] CONSISTENT WITH HIS EXCELLENT SERVICE THE PAST YEAR TO CONTINUE IN THE JOB FOR THE NEXT YEAR." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CAS MAN. DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE BOARDMEMBERCOLLINS: AYE BOARDMEMBERCASMAN: AYE BOARD MEMBER FAIRCHILD: AYE CHAIRMAN WATERS: ABSTAIN MOTION CARRIED. "I MAKE A MOTION THAT WE NOMINATE MR. TAYLOR [VICE CHAIRMAN] TO CONTINUE IN HIS VICE CHAIRMAN POSITION." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE BOARDMEMBERCASMAN: AYE CHAIRMAN WATERS: AYE CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEEfING - JANUARY 6, 2005 PAGE40F4 VICE CHAIRMAN T AYLOR: ABSTAIN BOARD MEMBER FAIRCHILD: AYE MOTION CARRIED. 600. REPORTS The Member List was distnbuted to the Board Members for updating information purposes only. Tape l/Side B FUTURE AGENDA ITEMS No discussion. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at 7:59 p.m. JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the ,2005 Board Of Adjustment Regular Meeting.