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HomeMy WebLinkAbout2003 04 14 Public Hearings B First Reading - Ordinance 2003-07 Accessory Buildings 041403 Commission Meeting Public Hearing "B" Ordinance 2003-07 Accessory Buildings Page I of2 COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular April 14, 2003 Meeting Mgr. VI Dept. Authorization REQUEST: City Manager requesting the City Commission to approve the First Reading of Ordinance No. 2003-07 an Ordinance of the City Commission of the City of Winter Springs, Florida, amending Section 6-84 of the Winter Springs Code relating to Accessory Buildings; allowing one or more Accessory Buildings greater than 240 square feet on property with a future land use designation of Residential Rural by conditional use, providing for repeal of prior inconsistent ordinances; severability, and an effective date. PURPOSE: The purpose of this Agenda Item is to provide the Commission with a method of approving one or more Accessory Buildings in excess of 240 square feet on properties located in areas of the city with an underlying Residential Rural Future Land Use. CONSIDERATIONS: This Agenda Item is being expedited upon request of Commissioner McLeod to resolve the issues of Accessory Buildings on large lots common in properties located in zoning districts within Rural Residential Future Land Use designations. Note: This Ordinance is being completed by the City Attorney and will be available on Friday, April 11, 2003. 041403 Commission Meeting Public Hearing "B" Ordinance 2003-07 Accessory Buildings Page 2 of2 FISCAL IMPACT: N/A RECOMMENDATIONS: It is recommended that the Commission consider approval of First Reading of Ordinance Number 2003-07. ATTACHMENTS: Ordinance Number 2003-07. COMMISSION ACTION: Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Apr-9-03 6:04PMj Page 2/4 4-9-2003 ORDINANCE NO. 2003-07 AN ORDINANCE OF THE ClTI' COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-84, WINTER SPRINGS CODE, RELATING TO ACCESSORY BUD..DINGS; ALLOWING BY CONDITIONAL USE ONE OR MORE ACCESSORY BUILDINGS GREATER THAN 240 SQUARE FEET ON PROPERlY WITH A COMPREHENSIVE PLAN FUTURE LAND USE DESIGNA TJON OF RESIDENTIAL RURAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City's Comprehensive Plan Future Land Use Element (Page 1-2) provides at residentiaJ rural areas are mainly reserved for large lot single-family residences not exceeding one nit per acre and that accessory structures and primary agricultural uses may be permitted based upon ppropriate surrounding land uses; and WHEREAS, the City Commission finds that under some circwnstances the accessory uilding restrictions under Section 6-84 of the Winter Springs Code should be relaxed, with ppropriate safeguards, to accommodate the large lots currently desigoated residential rural pursuant the Citfs Comprehensive Plan; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this rdinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter prings. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER PRINGS HEREBY ORDAINS, AS FOLLOWS: Seclion L r ference. Recitals. The foregoing recitals are hereby incorporated herein by this Settion 2. Code Amendment. The City of Winter Springs Code, Section 6-84 is reby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, bile asterisks (U*) indicate a deletion from this Ordinance of text existing in Section 6.84. It is j tended that the text in Section 6.84 denoted by the asterisks and set forth in this Ordinance shall r main unchanged from the language eKisting prior to adoption of this Ordinance). City ofWinlcr Springll Ordinance No. 2003-07 PlIge 1 of 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A,j 407 425 9596j Apr-9-03 6:04PM; Page 3/4 4-9-2003 Sec. 6-84. Accessory buildings. + . * ill lJ!>on aonlication tiled with the Citv. the City Commission may vary the number_ height. and size requirements set forth in this Section bv conditional use permit under the foJlowin~ conditions: ill The subject oroperty has a residential mral future land use map designation under the City's Comprehensive Plan. ill The City Commission finds that: ill the nroposed accessory building is comeatible and harmonious with the principal structure and the surroundin8 land uses and structures; @ the prooosed accessory buildine. will not adverselv impact land use activities in the immediate vicinity; (ill) the height of the pronosed accessory building does not exceed the heie.ht of the orincipal structure; and (iv) the accessory buildine shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. Section 3. Repeal of Prior Incomli5tent Ordinances and Resolutions. All prior consistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances nd resolutions in conflict herewith, arc hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or rovision of this Ordinance is for any reason held invalid or unconstitutional by any court of mpetent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall e deemed a separate, distinct and independent provision, and such holding shall not aftect the validity fthe remaining portions of this Ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon option by the City Commission of the City of Winter Springs, Florida, and pursuant to City harter. City ofWinler Springs OrdioanllC No. 2UU3-07 Page 2 of 3 Sent By' BRQWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Apr-9-03 6:05PMj Page 4/4 4-9-2003 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2003. JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk pproved as to legal form aDd sufficiency for he City or Winter Springs only: nthony A. Garxanese, City Attorney irst Reading: econd Reading: ffective Date: City of Winter Springs Ordinance No. 2003.07 Page 3 of 3