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Home My WebLink AboutPublic Hearing 502 Text Amendment for Detached Garages PLANNING AND ZONING BOARD AGENDA ITEM 502 Consent Informational Public Hearing X Regular March 19, 2008 Meeting DEPT Authorization REQUEST: The 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. PURPOSE: The purpose of this Agenda Item is for the Planning and Zoning Board to consider draft code language 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 and to make a recommendation to the City Commission. 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; b) The proposed accessory building will not adversely impact land use activities in the immediate vicinity; March 19,2008 Public Hearing Agenda Item 502 Page 2 of2 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 two (2) 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. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Board make a recommendation of approval to the City Commission for the proposed text amendment. ATTACHMENTS: A - Draft Ordinance 2008-05 B - March 6, 2008 Advertisement PLANNING AND ZONING BOARD ACTION: 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 ofthe City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests ofthe 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. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the 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 III. 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 garages. 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 garages 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. Notwithstanding the restrictions set forth in this subsection. detached. private garages may exceed twelve (12) feet in height without City Commission approval provided each criteria in subsection m(3) herein is satisfied. Further. detached. private garages 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 principle 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 ofthe 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 ofthe 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 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 of 4 ATTACHMENT B THURSDAY, MARCH 6. 2008 F3 Avenue, ulte N 301. wherein BANK OF NEW UC NOTICE THAT THE Sontord, FI 32771 (407) 665- YORK AS TRUSTEE FOR NNING AGENCY WILL 4227 within 2 working daYs THE CERTlFICATEHOL- ER THE FOLLOWING: at your receipt of this no- DERS CWABS, I NC. AS- _ OROINANCE 2008-05 ~~rde i\Jggi~:d, ~~~ri~?8o'i): EHE~~ftRl ~S 1~0~-1~~ r~ AN ORDINANCE OF THE 955-8771. , is Plaintiff and Jeffrey A. CITY COMMISSION OF DATED this 21 daY of Feb- Smith; Stephanie D. Smith: THE CITY OF WINTER ruary 2008. Brayndywine Homeowners SPR I NGS, F LOR I DA, MARYANNE MORSE Association, Inc.: Spoco AMENDING SECTION 6-84 Clerk of Circuit Court Coast Credit Union; Un- OF THE CITY CODE RE- (CIRCUIT COURT SEAL) known Tenant NO.;l; Un- LATED TO ACCESSORY BY Mary Stroupe known Tenant No.2 and All BUILDINGS TO ADDRESS ArrORNEY FOR PIADeINPTuIFty. Clerk Unknown Parties Claming AND REGULATE PRI- F: Interests BY, Through un- VATE DETACHED GA- Stephen M. Stone. Esquire der or Against a Named De- RAGES,-PROVIDING FOR 725 North Magnolia Avenue fendant to this Action, or THE Rt::PEAL OF PRIOR Orlando, Florida 32803 Having or Claming to have INCONSISTENT ORDI- any Right, Title or Interest NANCES AND RESOLU- SLS651050 3/6, 13, 2008 in the Property Herein De- TlONS' INCORPORATION scribed, are Defendants, I C IN INTO THE CODE; SEVER- IN THE CIRCUIT COURT will sell to the highest and ANO ABILITY; AND AN EF- OF THE NINTH JUDICIAL best bidder for cash at Vo- o BY FECTIVE DATE. CIRCUIT IN AND FOR OR- lusia County Courthouse, 101 DIRECTS OROINANCE 2lIII-G6 ANG~~p~~TJzobh'l~~~_o ~'i,';tVJg1~0"i~lVf~\~~~', AN ORDINANCE OF THE Division 33 Clerk's Conference Room, CITY COMMISSION OF Deland, Florida 32720 at Vo- r~~I~~Ts; OFF~d~;rJA~ HSBC NAL AS- lusio County, Florida, at AMENDING SECTION 6-190 LOuCd~ ~: I~~~ U:&c~~,nt~~)oW~~~~: d~! ehTt6 Cln; CO~~N~EE ASSET _ ATES SE- f5r'iWrnd sgin~J~i 0~sFi~~1 HEIGHT LIMITATIONS; ~f~i~f~ Judgment, to-wit: PROVIDING FOR THE REPEAL OF PRIOR IN- MERCY BUSTOS' UN. LO ND CONSISTENT ORDINANC- KNOWN SPOUSE OF MERCVBUS- IA A ES AND -RESOLUTIONS, TOS; and all unknown P OF. INCORPORATION INTO parties claiming, by, M 34 THE CODE, SEVERABILI- through, under or against RE OF TY AND AN EFFECTIVE the herein named Defend- FL DATE. ants, who are not known to be dead or alive, whether ON WEDN sold unknown parties claim AT as heirs, devisees, granteesl assignees, Iienors, credi. CO tors, trusteesl spouses, or WINTER CITY HALL grh;~dJ~~ifEa~;.,s~TT~~~~~ ttfNT~ SPRINGS~~tCRI~ PARTI ES intended to ac- . ;~~~t ,,~r '6'ses~:~isg~. oM8~f: The proposed ordmo,nces GAGE ELEtTRONIC REGISTRATION may be Inspected by Inter- SYSTEMS. INC. ~~~d a~~ rJi~~~~t~g~~a~ Defendants. ~7[y~~gc~e~r~d8jl';'ce~tlo~~~ NOTICE OF SALE ~~4~\V\1,?fe~~~tri~~i; ~~~~ Notice is herebY given that, do. For more information ~:~rao~t ~~r~~lo~~~~1 dg~:ci call (407) 327-1800 #227. Per. February 21, 2008 in this sons with disabilities need- cause, I will sell the proper- ing assistance to participate ty situated in ORANGE in any of these proceedings County, Florida described ~~o~~I~~r.:~;t 6~epir'r~~~; as: s~~r~~ng10~'h: ~oe":fi ~~ ag; LOT 11 OF HUNT (407) 327-1800, Extension ft&RtJFC~~D~~ 236. This is a public hear- BOOK 31 PAGE ing. I! you decide to appeai PUBLIC RECOR ~r.,vn r~g~em~~d?~~on~~~~i COUNTY, FLORIDA. Planning Agency with re- spect to any matter consid- ered at this meeting, YOU will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim re- cord of the proceedings is made upon which the ap- peal is based. Interested parties ore advised that they may appear at the meeting and be heard with respect to the proposed or. dinances. e d g e e 1- r e d f- t e !N. G, 'IJF ".' 63 . S S- f AL E p. !HE IS. !NT I. P: TV. ER- In- IP- id. of is k's Ins Ici. or- Ihe led im ,ng lee be bil- or ate uid of- ast the OLS649721 3/6108 NOTICE: On March 17, 2008 @ 2 ~~iaoridg"<t7t~hro"~~~lr' ~~~ hold 0 Public Hearing in City Council Chambers, 2nd Fir., City Hall, 400.S. Or- ange Avenue, Orlando. FL 32801 to consid 2 r F SOUTH AVE.. L1N ACR ING NA CR DIR :ity rJ~1 .ue, TION . --,;= L ANO AN E . Inter- of ested par les may appear ~rrv and be heard regarding this ING. ~o"s~ar'o~df~g~c~f i~h~v"cii7: ~f~ able in the City Clerk's of- THE fice, City Hall. Person.s ISA wishing to appeal any deel' ING- sian mode during the hear- b122 ing will need a record of the M proceedings and may need ISA- to ensure that a verbatim 'FOR record is made, including fiVE the testimonv and ev.dence on which the oppeai is to be ~~y based. Persons with disabil- ! - ities needing assistance or ~~~ an interpreter to participate iity ~~~r;cf~~~cc7f~rb7~r~~~~ ~~i lice @ 407-246-2251 at least 'ing 24 hqurs in advance of the re- meeting. and It a ,de, and ap- ions . os- " to blic the 246- ad- aJkJa 14600 Hoathormo,o Lano, Orlando, FL 32837 at public sale, to the highest and best bidder, for cash, the Orange County Court- house located at 425 North Orange Avenue, Suite 350, ~H8B~~.,l ~~ r~~~CH "21, 11:. Any person claiming an in- terllst in the surplus fram the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale. DATED at Orlando, Florida this 21 day of FEBRUARY, 2008. LYDIA GARDNER Clerk of the Circuit Court (CIVIL COURT SEAL) By: Norma J. Felshaw ATTORNEY FOR pBfrlW~(' Clerk DOUGLAS C. ZAHM, P.A. 18830 U.S. Hwy 19 N., #300 Clearwater, FL 33764 (727) 536-4911 phone (727) 539-1094 fax I! you a re a person with a disability who needs accom- modation in order to partic- Ipate in this proceeding, you ore entitled at no cost to you, for the provision of certain assistance. Please contact Court Administra- tion at 425 North Orange Avenue, Suite 2130. Orange, Florida 32801, Telephone (407) 836-2303, within two (2) working days of your re- ceipt of this document. If r~~o~;e~, h~~ r il~loo~~55-g~~1~ CSE655254 3/6108 Sale Notices AdYortiaomant of Salo NOTICE IS HEREBY GIV- EN that the undersigned in- tends to sell the personal property described below to enforce 0 lien imposed on said property under The Fiorida Sel! Storage Facili- ty Act Statutes (Section 83.801-83.809) . OLS651984 3/6108 Notica: On March 17. 2008 @ 2:00 pm or as soon thereoller as the matter may be heorcj, the Orlando Cltv Council will hold a public hearing in Council Chambers at City ~~~I, ~~0~r,or8~rgn~6enWt 32801, to consider on the 2nd of two r follow- ing: OF 0 The undersigned will sell at publiC sale be competitive bidding on the 21st day of March, 2008 at 8:00 a.m. on the premises where sold ~ ~~p;;~rc ~ aasr~l~~a~~~r~~ Orlando Business Center, 2200 Forsyth Road, County of Orange, State of Florida, the following: Geraldine Anderson Unit #: B03 COR655506 .; 3/6, 13, 2008 ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FiLE A CLAIM WITHIN 60 DAYS AFTER THE SALE. mENTION: PERSONS WITH D15- ABIUTlES I! you are a person with disability who needs any accommodation in or. der to partiCipate in thi.s proceeding, you are enti- tled, at no cost to you, to the prOVision of certain as- sistance. Please contact Court Administrator at Suite 300. Courthouse An- nex, 125 E. Orange Ave.. Daytona Beach, FL 32114; Tel.: 386-257.6096 within two ~~i~o~i~~~a~b~lto~r 91= SALE; if you are hearing impaired. call 1-800-955-8771; If you are voice impaired, cali 1-800-955-8770 THIS IS NOT A COURT iNFORMA- TION LINE DATED at Deiand, Florida, on February 13, 2008. DIANE M. MATOUSEK As Clerk" Circuit Court (CIRCUIT CuURT SEAL) By: JENNIFER VAZQUEZ As Deputy Clerk ArrORNEYS FOR PlAINTIFF: Smith, Hiatt & Diaz, P.A. PO Box 11438 Ft. Lauderdale, FL 33339-1438 Phone: (954) 564-0071 1183-38851 VOL648355-FE B.28,MAR.6 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OR- ANGE COU NTY, F LOR I DA C I VI L tA~l ~~ 48-2oo7.CA-3507 DIVISION 35 BANK OF NEW YO USTEE FOR THE CERTIF LDERS CWABS INC ASS ED CER- TIFICATES, SERIES 2006.8. Plaintiff, vs. ARCADIO PARRA. ot ai, Defendant(s). NOTICE OF RESCHEDULEO FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursu- ant to an Order Reschedul- ing Foreclosure Sale dated January 25, 2008 and en- tered in Case NO. 48-2007- CA-3507 of the Circuit Cm!:'t