HomeMy WebLinkAbout2006 05 08 Public Hearing 201 Ordinance 2006-03
COMMISSION AGENDA
ITEM 201
Consent
Informational
Public Hearing X
Regular
Mav 8. 2006
Meeting
Mgr./Att./Dept.
REQUEST:
The City Attorney requests that the City Commission adopt on second reading Ordinance 2006- 03
providing standards and criteria for limiting residential densities of future development projects
within the City of Winter Springs.
PURPOSE:
The purpose of this ordinance is to establish standards and criteria in the Zoning Code for limiting
residential densities of future development projects within the City of Winter Springs
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. Chapter 20, Zoning, City Code.
3. Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993). The Florida Supreme Court held that,
in part, that a property owner is not entitled to the maximum residential densities which are set
forth in the comprehensive plan and the local government has the discretion to limit the density
below the maximum allowed under the comprehensive plan so long as some development is
approved consistent with the comprehensive plan and the decision is based on competent
substantial evidence.
Page 1 of 3
CONSIDERATIONS:
1. The City's Comprehensive Plan provides for maximum residential densities that are allowed
in various future land use designations established in the Future Land Use Element.
2. Pursuant to the Snyder case cited above, property owner's are not entitled to the maximum
densities allowed in the Comprehensive Plan.
3. Some of the zoning categories that are established in the City's zoning code either provide no
residential density maximum cap or provide a not to exceed residential density cap consistent
with the City's Comprehensive Plan. In some cases, the residential densities are established
by the city commission in accordance with a conditional use request or as part of a planned unit
development.
4. Although the City Commission has the right under the current City Code and Snyder to limit
residential densities for a particular project, the City Commission directed that the City
Attorney prepare an Ordinance that supplements, and clarifies, that authority consistent with
the previous experiences and decisions of the City Commission.
5. In instances under the City Code where establishing residential densities is discretionary, the
proposed Ordinance supplements, and clarifies, that the City Commission shall establish the
residential density on a project-by-project basis using the supplemental standards and criteria
set forth in the proposed section 20-419.
6. The standards and criteria are as follows:
(1) The proposed residential density shall be consistent with the City's Comprehensive Plan.
(2) The proposed residential density shall be compatible and in harmony with the surrounding
existing and planned uses.
(3) Adequate programmed city services exist to accommodate the proposed residential density
including, but not limited to, water, sewer, reuse, solid waste, parks and recreation, and police
and fire protection.
(4) The proposed residential density shall leave ample green and open space on the subject
property in order to avoid overcrowding and congestion of residents, to provide sufficient on-
site recreational and leisure amenities, and to provide an aesthetically pleasing and livable
development project.
(5) The proposed residential density shall not result in the overcapacity of the Seminole
County School System.
(6) The proposed residential density shall not be contrary to any adopted economic
development objective of the City.
Page 2 of 3
7. In addition to the standards and criteria for establishing residential densities, the residential
density of a particular project will also be affected by applicable provisions of the
Comprehensive Plan and the City Code including, but not limited to, site plan and final
engineering procedures, zoning bulk regulations such as set backs and height limitations, and
conservation policies.
STAFF RECOMMENDATION:
The City Attorney recommends adoption of Ordinance No 2006-03 on Second Reading. Ordinance
No. 2006-03 was approved by the City Commission on First Reading at the April 24, 2006
Commission Meeting.
ATTACHMENT:
Ordinance No. 2006-03.
COMMISSION ACTION:
The City Commission has previously directed that the City Attorney prepare an ordinance
supplementing and clarifying the City Commission's right to establish residential densities for
particular residential development projects.
Page 3 of 3
ORDINANCE NO. 2006-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING
SECTION 2-419 OF THE CITY CODE WHICH SHALL
PROVIDE SUPPLEMENTAL STANDARDS AND CRITERIA
FOR LIMITING RESIDENTIAL DENSITIES WITHIN THE
CITY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Comprehensive Plan of the City of Winter Springs currently establishes
maximum residential densities for the various future land use designations within the City; and
WHEREAS, several zoning district categories which permit residential uses within the City
either have no residential density caps or establish maximum residential density caps consistent with
the City's comprehensive plan; and
WHEREAS, pursuant to the Florida Supreme Court's decision in Brevard County v. Snyder,
627 So. 2d 469 (Fla. 1993), a property owner is not entitled to the maximum residential densities
which are set forth in the comprehensive plan and the local government has the discretion to limit
the density below the maximum allowed under the comprehensive plan so long as some development
is approved consistent with the comprehensive plan and the decision is based on competent
substantial evidence; and
WHEREAS, consistent with Snyder and the conditional use and the planned unit
development standards set forth in the City Code, the City Commission has established residential
densities on a project-by-project basis when applicants have proposed single-family projects and
multi-family projects; and
WHEREAS, the City Commission desires to clarify, supplement and strengthen its authority
to reduce residential densities in instances where the City Code does not expressly provide a density
cap or where the City Code only establishes a maximum residential density cap; and
City of Winter Springs
Ordinance 2006-03
Page 1 of 4
WHEREAS, in accordance with the police and home rule powers vested in the City and
Snyder, the City Commission has the right to establish residential densities that are in the best
interests of the City; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare of the 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. Code Amendment. The City of Winter Springs Code, is hereby amended
to create a new section 20-419, as follows: (underlined type indicates additions and strikeout type
indicates deletions while asterisks (***) indicate a deletion from this Ordinance of text existing in
Chapter 20, Zoning. It is intended that the text in Chapter 20, denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
CHAPTER20 ZONING.
* * *
ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS
Division 1. Generally.
* * *
20-419. Limitations on Residential Densities.
(a) This section is intended to be supplemental. and in addition to. anv other provision of
the City Code relative to establishing the residential density of all development proiects
within the City. It is also the intent of this section to grant the city commission the
maximum authority to establish residential densities on a project-by-proiect basis under
the criteria and standards set forth in this section. In the event of any conflict between the
residential densities established by this section and any other applicable provision of the
city code. the lowest residential density shall apply.
City of Winter Springs
Ordinance No. 2006-03
Page 2 of 4
(b) In cases where the applicable zoning district classification of a property does not
provide a specific residential density cap or establishes a maximum residential cap. the
residential density for a specific development project shall be established by the city
commission on a proiect-by-project basis pursuant to the following standards and criteria:
(1) The proposed residential density shall be consistent with the City's Comprehensive
Plan.
(2) The proposed residential density shall be compatible and in harmony with the
surrounding existing and planned uses.
(3) Adequate programmed city services exist to accommodate the proposed residential
density including. but not limited to. water. sewer. reuse. solid waste. parks and
recreation. and police and fire protection.
(4) The proposed residential density shall leave ample green and open space on the
subiect property in order to avoid overcrowding and congestion of residents. to provide
sufficient on-site recreational and leisure amenities. and to provide an aesthetically
pleasing and livable development proiect.
(5) The proposed residential density shall not result in the overcapacity of the Seminole
County School System. as provided in any applicable Interlocal Agreement between the
City and the School District.
(6) The proposed residential density shall not be contrary to any adopted economic
development objective of the City.
(c) Any residential density established by the city commission under this section for a
particular property shall become the maximum residential density allowed for that
property. subiect to possible further reduction in density due to site plan. final
engineering. and conservation requirements and constraints.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
City of Winter Springs
Ordinance No. 2006-03
Page 3 of 4
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the _ day of , 2006.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2006-03
Page 4 of 4
ORDINANCE NO. 2006-08
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA; PRESERVING AND PROTECTING EXISTING
RESIDENTIAL PROPERTIES FROM ADDITIONS,
MODIFICATIONS, AND EXPANSIONS OF STRUCTURES
AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN
HARMONY WITH EXISTING BUILDINGS AND
STRUCTURES AND THE SURROUNDING
NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE
SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING
ORDINANCES DURING THE TERM OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE,
AND A SIX (6) MONTH SUNSET PROVISION.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to
adopt emergency ordinances by two-thirds vote; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, through the years, numerous deed restricted residential communities have been
permitted and developed within the City of Winter Springs; and
WHEREAS, it is apparent from reading the various deed restrictions recorded in the public
records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the
character ofthe residential communities by prohibiting uses and structures that are incompatible with
residential areas; and
WHEREAS, 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;
and
City of Winter Springs
Ordinance No. 2006-08
Page I
WHEREAS, because of this 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 Development like
Tuscawilla and Oak Forest; and
WHEREAS, in particular and by way of example of this reliance, the City Commission has
previously exempted existing single family residences from the Minimum Community and Aesthetic
Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because of the existence
of the private deed restrictions; and
WHEREAS, it has come to the attention ofthe City Commission that some of the older deed
restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their
deed restrictions to expire under the Florida Market Record Title Act; and
WHEREAS, the expiration of the private restrictions have left some residential communities
without any significant regulatory mechanism to protect and preserve the residential character of
such communities, especially with respect to additions, modifications, and expansions of existing
single family residences; and
WHEREAS, 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 and such incompatible buildings and structures may have an adverse impact on the
quality of residential areas and upon property values; and
WHEREAS, on April 10, 2006, having considered the possible wide ranging negative
impact ofthe expired private deed restrictions on the residential character of some areas within the
City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an
ordinance which will establish a comprehensive regulatory scheme 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 thereof; and
WHEREAS, the new ordinance will also likely preclude garages that are not constructed in
a manner that is compatible with typical residential construction techniques including, but not
limited to, size, materials, and height; and
WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City
Commission will take additional time and public hearings before adoption; and
WHEREAS, in the interim, the City Commission hereby deems that the expiration of some
of the private deed restrictions poses a serious risk to the residential character of the community and
City of Winter Springs
Ordinance No. 2006-08
Page 2
therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate
action by the City Commission to safeguard residential communities; and
WHEREAS, the City Commission hereby finds that the preservation of residential
communities serves a substantial governmental interest; and
WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions
of structures within residential areas, the City Commission hereby finds that interim regulations must
be enacted by the City Commission until such time that a comprehensive regulatory scheme can be
completed to protect the residential communities within the City of Winter Springs; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2.
Interim Residential Compatibility and Harmony Regulations.
(A) It is the intent of these interim regulations to promote and protect existing residential
developments by prohibiting additions, modifications, and expansions of structures and buildings
that are 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 infill residential development
projects on vacant lots within established residential developments.
(B) Before any building permit is issued for the addition, modification, and expansion of any
building or structure on a 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 subject
property and with the surrounding neighborhood. Compatibility and harmony shall be determined
based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity,
balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion.
Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that
significantly enhances the established residential character of other buildings and structures on the
subject property and within the surrounding neighborhood in accordance with the review criteria
City of Winter Springs
Ordinance No. 2006-08
Page 3
stated above and commonly accepted architectural principles of the local community.
(C) If the city manager or his designee determines that the addition, modification, and
expansion is not compatible and in harmony, the building permit application shall be denied on that
basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal
shall be filed with the city manager in writing within five (5) calendar days of the denial. Upon
review of the appeal, the city commission shall render a final decision on the issue of residential
compatibility and harmony. All decisions of the city commission shall be considered final and shall
be subject to appeal to a court of competent jurisdiction pursuant to law.
(D) These regulations are supplemental and in addition to all other applicable provisions of
the City Code. To the extent that these regulations conflict with any other provision of the City
Code, these regulations shall prevail and apply.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 4. 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.
Section 5. Sunset Provision. This Ordinance shall sunset six (6) months after the
effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this
Ordinance shall be automatically repealed and shall no longer be in effect.
{Adoption Page Follows}
City of Winter Springs
Ordinance No. 2006-08
Page 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 22nd day of May , 2006.
ATTEST:
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Effective Date:
See Section 4.
City of Winter Springs
Ordinance No. 2006-08
Page 5