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HomeMy WebLinkAbout2003 04 28 Public Hearings B Second Reading - Ordinance 2003-07 Accessory Buildings 042803 Commission Meeting Public Hearing "B" Ordinance 2003-07 Accessory Buildings Page 1 of2 COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular April 28, 2003 Meeting Mgr.;2--; Dept. Authorization REQUEST: City Manager requesting the City Commission to approve the Second 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 rep.eal 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: The Commission approved the First Reading of Ordinance 2003-07 on April 14, 2003 and authorized the Second Reading for this date. A new Section has been added (2.7-4) providing for the construction of accessory buildings on adjacent parcels under a unity oftitle instrument. 042803 Commission Meeting Public Hearing "B" Ordinance 2003-07 Accessory Buildings Page 2 of2 FISCAL IMPACT: N/A RECOMMENDA TIONS: It is recommended that the Commission consider approval of First Reading of Ordinance Number 2003-07. ATTACHMENTS: Ordinance Number 2003-07 as amended. COMMISSION ACTION: 4.22-2003 . ORDINANCE NO. 2003-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER ~PRINGS, FLORIDA, AMENDING SECTION 6-84, WINTER SPRINGS CODE, RELA TlNG 1'0 ACCESSORY BUILDINGS; ALLOWING BY CONDITIONAL USE ONE OR MORE ACCESSORY BUILDINGS GREATER THAN 240 SQUARE FEET ON PROPERTY WITH A COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION 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 that residential rural areas are mainly reserved for large lot single-family residences nut exceeding one unit per acre and that accessory structures and primary agricultural uses may be permitted based upon appropriate surrounding land uses; and WHEREAS, the City Commission finds that under some circumstances the accessory building restrictions under Section 6-84 of the Winter Springs Code should be relaxed, with appropriate safeguards. to accommodate the large lots currently designated residential rural pursuant to the City's Comprehensive Plan; and WHEREAS, the City Commission of the City ofWi.l1ter 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~ l'HE CITY COMMISSION OF THE CTTV 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, Section 6-84 is hereby amended as follows; (underlined type indicates additions and strikeout type indicates deletions, while asterisks C"'**) indicate a deletion from this Ordinance of text existing in Section 6-84. It is intended that the text in Section 6-84 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2003.Q7 Pnge 1 of 3 4-22-2003 Sec. 6-84. Accessory buildings. ... ... ... ill Upon application filed with the City. the City Commission may vwy the number. hei~ht. and size requirements set forth in this Section or approve an accessory buil<!ing on an adiacent lot by conditional use pennit under the following conditions: ill The subiect property has a residential rural future land use map designation under the City's Comprehensive Plan. ~ The aQplicant submits for revie-w. and consideration a detailed architectural rendering of the proposed accessory building and a plot plan drawn to scale. ill The Citv Conunission finds that: ill the Droposed accessory building is compatible and harmonious with the principal structure and the surrounding: land uses and structures: @ the pro90sed accessorv building will not adversely imo8c::t land use activities in the immediate vicinity: (Hi) the height of the oTooosed accessory building doe!:) not exceed the height of the principal structure: and (iY) the accessory buHdin~ shall meet the requirements of the applicable zoning district including setback and maximum lot coverage, (i) An accessOl)' building may be constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: ill The conditions set furth in subsections n t (2). and 0) are satisfieQ.. @ A legal instrument reasonably acceptable to the Ci~ is recorded in the public records of Seminole County that provides !bat the principal building lot and the adjacent lot are unified under common ownership and that in the event said ownership is ever separated, the accessory building shalt be removed or a principal building shalt he constructed on the adiacent lot wjthin one (I) vear from the date the lots are s~arated. City of Wink:r Springs Ordina.nce No. 2003.07 Page 2 of 3 4-22.2003 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. Severability. If any section, subsection, sentence, clause, phrase, word Or provision of this Ordinance is for any reason held invalid or unconslitutional by any court of competent jurisdilo1ion, 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 5. 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_ ,2003. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency fOf the City of Winter Springs only: ANmONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2003-07 Page 3 of 3