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HomeMy WebLinkAbout2008 04 14 Public Hearing 504 Ordinance Number 2008-05 Text Amendment Detached Garages CITY COMMISSION AGENDA ITEM 504 Consent Informational Public Hearing X Regular April 14, 2008 Meeting MGR. rDEPT Authorizati REQUEST: The Community Development Department/Planning Division requests the City Commission approve first reading of Ordinance No. 2008 - 05, a text amendment to the Code of Ordinances that would allow detached garages, subject to conditions. PURPOSE: The purpose ofthis Agenda Item is for the Commission to hold a public hearing to modify the code to allow new detached garages larger than the currently prescribed 240 square foot (SF) limit, subject to conditions to ensure compatibility, proportionality, harmony, setbacks, and lot coverage. This ordinance does not change the status of accessory dwelling units in zoning districts where they are prohibited and does not change the status of the home occupation regulations. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, Florida Statutes Chapter 6, City Code Chapter 20, City Code CONSIDERATIONS: Section 6-84 ofthe City Code allows a maximum of two (2) accessory buildings no larger than 240 SF or 12' high on a residential lot, unless connected to the principal structure (the house). All accessory buildings must be located behind the building line established on the lot by the location and orientation of the principal structure. Section 20-1 of the Code defines a private garage as an accessory building. Ordinance No. 2003-02 amended the section to allow the number, height, and size requirements to be varied from the Code, conditioned upon the subject property being located within the Residential Rural Future Land Use (FLU) designation and the Commission approving a conditional use for the structure. Approval of the conditional use requires that all of the following are met: a) The proposed accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures; April 14,2008 Public Hearing Agenda Item 504 Page 2 of2 b) The proposed accessory building will not adversely impact land use activities in the immediate vicinity; c) The height of the proposed accessory building does not exceed the height of the principal structure; and d) The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. Approximately three (3) entities have utilized this mechanism to build larger detached garages. Others have inquired of the process. Most of these inquiries were for properties that were not within the Residential Rural FLU designation. Further, on July 9,2007, the Commission approved a development agreement to allow a 1,024 SF (32' x 32') detached single story (11' 4" to the eaves; 20' to peak of the 12/6 pitched shingle roof) multi-car garage for the property at 932 Arabian Avenue. The property has a Residential Rural FLU designation. Private garages are clearly subordinate and accessory structures to the primary structure - the home. Traditional neighborhoods typically had separate proportionally sized garages behind the principal structure. The primary concerns include, keeping the accessory structure behind the principal structure as well as proportional to and in harmony with the principal structure and the neighborhood. These larger (exceeding 240 SF) accessory structures must conform to the bulk zoning requirements of the district, such as building setbacks and lot coverage, just as if they were the principal structure. In addition, any detached garages would be subject to a review in accordance with Section 9-607 of the City's Code ofOrdinances(Residential Compatibility and Harmony Regulations). Staff believes that the proposed code language will provide a reasonable mechanism for construction of detached garages that will be compatible with development on that particular lot and with the surrounding neighborhood. Planning and Zoning Board Action: On March 19,2008, the Planning and Zoning Board held a public hearing on Ordinance No. 2008 - 05 and voted 3 - 0 to recommend approval. RECOMMENDATION: The Planning and Zoning Board and staff recommend the Commission approve first reading of Ordinance No. 2008 - 05. COMMISSION ACTION: A TT ACHMENTS: A - Draft Ordinance 2008-05 B - March 6, 2008 Advertisement C- March 19,2008 draft P&Z Minutes ATTACHMENT A ORDINANCE NO. 2008-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-84 OF THE CITY CODE RELATED TO ACCESSORY BUILDINGS TO ADDRESS AND REGULATE PRIVATE, DETACHED GARAGES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under ~ 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 6-84 ofthe City Code currently allows a maximum of two (2) accessory buildings no larger than two hundred forty (240) square feet in area and no taller than twelve (12) feet in height; and WHEREAS, the City Commission desires to amend the Code to provide for the construction of detached, private garages subject to certain limitations set forth herein; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings ofthe City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 6, Buildings and Building Construction, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (** *) indicate a deletion from the Ordinance oftext existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS City of Winter Springs Resolution No. 2008-05 Page 1 of 4 *** ARTICLE In. BUILDING CONSTRUCTION STANDARDS *** Sec. 6-84. Accessory buildings. (a) General. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, private. detached garalles. party houses, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters. except that private. detached. private ~arages may be used as living quarters or office space where permitted by this code and subiect to all applicable permitting requirements for such use. (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. Notwithstandinll the restrictions set forth in this subsection. detached. private garages may exceed twelve (12) feet in height without City Commission aporoval orovided each criteria in subsection m(3) herein is satisfied. Further. detached. private ~arages may exceed two hundred forty (240) square feet but in no case shall exceed one-third (1/3) of the air-conditioned square footage area of the orinciple structure. *** (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. *** ill. Detached. private garages which exceed twelve (12) feet in height or two hundred forty square feet in area must meet the setbacks of the applicable zoning district for the principle structure. *** City of Winter Springs Resolution No. 2008-05 Page 2 of 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions ofthis ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: City of Winter Springs Resolution No. 2008-05 Page 3 of 4 Second Reading: Effective Date: City of Winter Springs Resolution No. 2008-05 Page 4 of4 ATTACHMENTB ~ THURSDAY, MARCH 6. 2008 F3. Avonlie. ulte N 30t. wherein BANK OF NEW ~7fo~1fhr,,1 f~r~~~} d~ f~~KcaHn8~1~~:dt~ of your receipt of Ihls no. OERS CWABS, INC. AS- tlce; If you are hear.ing or SET-BACKED CERTIFr. voice Impaired. call 1-800- CATES, SERIES 2006-BC1Is 955.8771. , Is Plolnllff and Jeffrev A. DATED this 71 day of Feb- SBmro"yhn;dvSlwer.nh:n~~~e~~; ruary ~YANNE MORSE Clerk of Circuli Court ~~ml~~1~3{t '8~i~n~PB~~ (CIRCUIT COURT SEAL) known Tenant NO.;I; Un- Bv Mary SIroupe known Tenanl No.2 and All ZOIII:: AND REGULATE PRI. A1llIRIIEY FOR ~l1: Clerk Pn~~~~~ ~~.'I+t'ro~I:~~n~ TED VATE, DETACHED GA- SlePhen M. Stane. Esquire derar Agalnsl a Named De- RA~E~~~ROVIDING ~8~ 725 North Maf.nolla Avenue fendanl 10 Ihis Action, or mco~slf.f'fNQ{ b~DI' Orlando. Flor do 32803 ~.wi~, g;-, 1-~ml,: 1~,~~~ NANCES AND ROERSAOTLIOUN' SL5651050 3/6. 13, 2008 In the ~rOPOrtv Herein De. TlONS't' INCORP scribed, are Defendants, I A/IlI C. III INTO HE CODE; SEVEEFR- IN THE CIRCUIT COURT w1l1 sell 10 the highest and AIID ABILITY; AND AN . OF THE NINTH JUDICIAL besl bidder for cash 01 Vr>- BY FECTIVE DATE. CIRCUIT iN AND FOR OR- lusla County Courthouse, 101 . OIID~''''' -.. AII6f COUNTY..ELORIDA Norlh Alabama Avenue, ___ CASENO.......'.CA-GI3lIl2-ORm 0.251. 2nd Floor, =: ~~T~Rglr..:ltffsPJ'NT~~ Diwill.. 33 5!.:i~~ ~fo~\~~0~2C~~f~ ERRORS. THE CITY OF WIRNTOEAR USA. RAnDm AS- lusia CounlY, Florida. at AND AN Inter- SPRINGS, FLO I ;:.< T1WSTEE FOR liD. \1.011 ..... on Ihe I'" day of ested parties may appear AMENOING sec~8~ t1r E~UITY LOAII 'f' MARcH _, lhe following do- ~~t1':r.h~~~J~"lh':~~~ e~TTr5 C1f6 C FENCE _ ERTIFICA1ES. f~,.'jWFnds~ldoM~:o~sFI~~l posed Ordinance is avail. HEIGHT LIGMIFTAOTR'OTNHSJ Inllff, Judgmenl.lr>-wil: able in the Cill C1erk's of. PROVIDiN r: y. ~ ~fs'i,'ln~iU aHa Ii ~~~~t ~g&S~~fE~t b:&?:A~~: = J.1&BIn~ IBYdL't W RANDYWlIIIGClUJ ll}E 6S3 sions mode :r..~g the hear. ES AND'RESOLUTlONTSO' TDS; and all unknown PlAT AS 1IECORh'ED IN inll will need a record of the INCORPORATION IN parties claiming, by, MAP PAGE m. PUIUC Si proceedings and mov need THE CODEt. SEEFVEFERACTBI'vLEI. through, undor or ogalnsl BEGD OLUSIA COUIITY. . E to ensure that a verballm TY AND AN tho herein named Defend. FLOlU A. p. f~al~~'li~~f'e. Includln: DATE. :I~e~hoo~r~i~J, k=rh~~ ~t on which Ihe 011 WNAlIlAllCH ft, - sold unknown parties claim ANY PERSON CLAIMING NT lW~ne~: i1~. g~ml~e~~W~~r:~ac":~l: ~~RINuEt1.Vo:f t~~ ,~: an Interpret Icipale lors. tru~toes, spouses, or SALE, IF ANY, OT~~~ ER: ~~.il':cf'l~~cc~r~7M\':"'J? jt':~~fW~l."~/~~~~~ b~~~RT.rsEo~~~~bATE !~. fice . 407.2016.2251 at least 1121 ., PARTIES Intended 10 ac. OF THE LIS PENOENJ rd: 2~ hf;~rs In advance of the WI . c~~,,~r '.:'e.:s'~rg~. o~;f: OOPT~\/6~L~A':S ~~~~R yl mee g The ,rocosed ordmances ~E E~NIG REGI~'no1l THE SALE. k'~ OLS649721 3/6J08 ~~~dbeP:"'l:;tegor~~~~eri =n~c. ATmI1IIlII' PBISOIIS WITH DIS- In~ NDnCE: O. M.c. II. 2* . Z a.m. and 5 p.m.. Monday . A8WTIES If you are a person Itl' f.... or soon thereafter. t!1011 through FrldllY, at Iho NoncE OF SAlE with dlsabilltv who noeds or. Orlando CItX Council WI CIIy's Clerk's OffICe. local. any accarnmodallon in or- lhe hold a Public Hearlng2/ldln ed at 1126 Easl SIoto Rood Nallce Is herebY given thaI. der to partiCipate In Ihis (Od Cilv Council Chambers. 43-4. Winter S,rlngs, Fiori. pursuanl 10 lhe FlnalJudg proceeding. you are enti- ,1m Fir., City Hall... 400ilS. OFrL' do. For more information menl of Foreclosure .ote'; tied, 01 no cosl to you. 10 ing ange Avenue. vrlan 0, coil (4071 327-1800 1/Z27. Per. Februarv 21, 2008 In Ihls lhe prOVision of certain as. '~ 32801 to cOfl' sans with disabilities cause I will seil lhe proper. sisfanco. Plea.e conlacl bll readin S:F Ing assistance fo partl Iv slluClled In ORANGE Caurl Adminlslralor 01 o~ ~:J~ ~Jr:c", I~ y. Florida described ~~~t~ I~TVo6'i~~o~s~~~: at'de PRItT I ee Relptlons DepartmeQdnl Daytona Beach, l!'L 32114; u Coordlriotor. 48 hoUrs In . 1MCT Tel' 386-257-6096 wilhln two of. vance of the mee" ng. at PLAT (2) 'Worklng dayS olvour reo Othst {4071 327.1800, ExlenSlon PLAT celpl of the NOTICE OF e 236. This I. a .publlc hear. . OF THE SALE; If you aro hoarlng Ing. If you decIde 10 ::J'~~' DRANGE Impaired, call HI00.955-8771; ~rcin r~g~e"'~~dr~~.LO~~i ~afior.~=9~~~~,01",!~~I$'fs Planning Agency With r~ tNo I. _..... II... NOT A COURT INFORMA- :~:a' ~~ f~rs ':::'0~1rn~~;~u O~..do, Fl 3ZI37 nON LINE will need a record of Ih~ al pUblic sale, 10 lhe highest DATED at Detand, Florida, ~~~~~~~~u a~v'0~10 r~~ 8~~~:':d2~~;,:ar C~~~: on Februarv 13. 2008. ensure thot 0 verbat,lm reo house localed at 4!S North DIANE M. MATOUSEK It' cord 01 Ihe pro.ceedlngs Is Orange Avenue, Sulle 3~, As Cltrllt Circuli Court .sted par es may ap~"J~ :'a~el~'l:'o"se~~'~~I~~:Sr:.; ~=X.~~'iWCH~ = b~.R~M~TNff~Nkftil-~z and be heard rogarnllheng this parlles are advised Ihat Any person claiming an in-' As DePutv Clerk IIG. matler. A copy Ofl pr.ol. the v may appear 01 Ihe lorflSt in the surplus from lION pose~ OrdInance s a.val - meeting and be heard with the sale, If any, other Ihan ,Ell- able In Jhe City Clerk s of. respecl 10 lhe praposed or. the properlv owner 0$ of ATTORlm FOR PIAINTlFf: THE "ftl C'U Hallj per~onr dinances. the elale of lhe lis pendens Smilh, Hlatl & Dlaz, P.A. ~ ~~ ~de ~e~ ft:: h~r: CSE65525~ 3IWl :ra~: J~~ralfiJ,a~e~"hln 60 ~? ~g~~le, 1122 Ing will need a record of lhe DATED of Orlando, Florida FL 33339-1438 DM. r~~;~rhgrda ~~f~l'F,g this 21 day 01 FEBRUARY, Phone; (954) 564-0071 !J:R record Is made. Including 2008. LYDIA GARDNER .-- WE Ihe ~'h~nvag~an~nc~ ~ 01 SoIl C1er1< of Ihe Circuli Court V0L648355-FEB.28,MAR.6 ~~v ~s~.cper':'ns wllh disabll' {CIV~~.C~~~~ ~E~'elshaw IN THE CIRCUIT COURT op; Itles needing assislance or NOTICE IS HEREBY GIV. . DePutv Clerk OF THE NINTH JUDICIAL an interPreter fa participate EN Ihot the nd ignec! In -ORIlEY FOR PlAINllff: CIRCUIT IN AND FOR OR- ~f~ in the public hearing should u ers . DOUGLAS C ZAHM' P A ANGI: COUNTY, FLORIDA hll. c""tact the City Clerk's of. :;~~r~ ~tt:ctP~~~fJ 18830 U.S. Hwv 19 N:..300 CIVIL ACTION 1001 flCe . 407.2016.2251 atofletaheSl enforce a lien impOsed on Cleorwaler. FL 33764 CASE lID. ..ZOOlDtYl'S1CAIlN-35IJ135 'Ing 24 hours In odvance sold properly under The (n7l536.4911 phone reo meeting. Florida Sell Storage Faclll- (n7 539-1094 fax. EW VORl( AS lKUSTEE and OLS651984 3/6108 Iy Act SIalules (Soclion If you .are a person wllh a NCEmFICATEHOL8ERS ~e~ No1ico: Do Morell 17. _ . UII 83.801-83.809). ~~WJ~ fn"gr~t~ aa"~:\rc: IIC ASSET.BACMED CSl. and pili or os ....n lhereof/er as ipale In fhl. proceeding, you . SERES .... ap- Ihe mailer may be heardl The Undersigned will sell 0.1 are entitled 01 no cost 10 Plalnll , "ns the Orlando C Iv Councl publiC $ale be competitive you. for Ihe provision of vSIO' p.... I . os- will hold a public hearing In bidding onlhe 21st day of cerlaln assislance. Please ARDeCAfenclD ani""'(s) 1\.. f fa Council Chambers at Cltv March. 2008 01 8;00 a.m. on contacl Court Admlnlstra- . blic Hall. 400 S. Orange Avenue.. Ihe premises where sold lion 01 425 North Orange NonCE OF RESCItEIIULED lhe 2nd Floor, Orlando FL properly has been stored Avenue, Sulle 7130, Orange. FORECLOSURE SAlE 246- 32801, to co' on lhe 2nd and which are localed 01 Florida 32801, Telephone od- of the folia...... Orlando Business Cenler.. (4071 83~-2303. wllhln Iwo lonCE IS HEBEBV GNEN pursu. OF TIlE CIlY 2200 Forsyth Road. County (2) working days of your re- Ordo Reschedul- DA ElTA8- of Orange. Stole of Florida. celpl of Ihls ?ocumenl.. if r;~ \!'o~~c1osur~ Sale doled G the following: y,ou 01 red he~r I~g o~J.g~~ January 2S. 2008 and on- mpO re ,co 800- lered In Case NO 48-2007. I PIG. ~f~:laglnderson COR655506 f 3/6, 13. 2008 CA.3507 of the Circuli Cmr \ 16/08 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 19,2008 (RESCHEDULED FROM MARCH 5, 2008) PAGE 4 OF 7 PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2008-04 Which Rezones 6.25 Acres (More Or Less), Located At 1379 SR [State Road] 434 (NE [North East] Corner Of SR [State Road] 434 And SR [State Road] 417), From "A-I" Agricultural (Seminole County ) To "GreeneWay Interchange District" (City Of Winter Springs). Ms. Sahlstrom introduced this Agenda Item and stated, "Staff reviewed these fourteen (14) standards and they are included in your Agenda Item and does make recommendation of Approval for the change of Rezoning to GreeneWay Interchange District. " Ms. Sahlstrom reviewed the Criteria with the Board Members. Chairman Heatwole opened the "Public Input" portion of this Agenda Item. Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, 500 North Maitland Avenue, Suite 110, Maitland, Florida: addressed the Board Members and confers with Staffs Recommendations. Chairman Heatwole closed the "Public Input" portion of this Agenda Item. "I MOVE THAT THE PLANNING AND ZONING BOARD/[LOCAL PLANNING AGENCY] RECOMMEND SUBJECT TO ADOPTION OF FUTURE LAND USE MAP AMENDMENT BY THE CITY COMMISSION, REZONING OF THE SUBJECT PROPERTY IN [AGENDA] ITEM NUMBER '501' TO 'GREENEW A Y INTERCHANGE DISTRICT'." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION. VOTE: VICE CHAIRMAN LACEY: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The Planning And Zoning Board Consider A Text Amendment To The Code Of Ordinances That Would Allow Detached Garages, Subject To Conditions. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and displayed various photographs of detached garages. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 19,2008 (RESCHEDULED FROM MARCH 5, 2008) PAGE50F7 Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members on this Agenda Item. Discussion ensued on the restrictions. Mr. Baker summarized the Criteria for the Record. Chairman Heatwole opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Heatwole closed the "Public Input" portion of this Agenda Item. "I RECOMMEND APPROVAL OF [AGENDA] ITEM '502' AS WRITTEN BY THE COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDING APPROVAL OF THE DETACHED GARAGES AS DESCRIBED HEREIN." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN LACEY DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE CHAIRMAN LACEY: AYE CHAIRMANHEATWOLE: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests The Planning And Zoning Board Consider A Text Amendment To The Code Of Ordinances That Would Modify The Existing Fence Height Limitations Set Forth In Section 6-190. Of The City Code To Allow Fences Up To 4' - 6" In Areas Of The City That Allow Horses, Ponies, And Commercial Riding Stables As Permitted Uses. Mr. Baker introduced this Agenda Item and displayed photographs of various fence heights. Further discussion ensued on height restrictions. Chairman Heatwole opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Heatwole closed the "Public Input" portion of this Agenda Item.