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HomeMy WebLinkAbout2014 06 04 Public Hearings 502 Ordinance 2014-12 Regarding Recreational Vehicles, Boats and Boat Trailers in Residential Zoning DistrictsPLANNING & ZONING BOARD AGENDA ITEM 502 June 4, 2014 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning & Zoning Board consider Ordinance 2014 -12, which proposes to amend Section 20 -431 of the Code of Ordinances regarding the parking, storage or maintenance of recreational vehicles, boats and boat trailers in residential zoning districts. SYNOPSIS: On May 12, 2014, the City Commission issued two permit approvals the for the storage of a recreational vehicle in excess of 28 -feet in length on residential property. Section 20- 431(1)(f) of the Code of Ordinances requires the City Commission to issue a permit which must be renewed on an annual basis for a recreational vehicle in excess of 28 -feet in length to be parked or stored on a property with a residential zoning designation. At the May 12 meeting, the City Commission directed Staff to prepare an ordinance to allow administrative approval of permits for the parking, storage or maintenance of recreational vehicles in residential zoning districts. Ordinance 2014 -12 proposes a process to permit administrative approval for the issuance of said permits. Additionally, Ordinance 2014 -12 proposes a process to permit administrative approval for the issuance of permits for boats and boat trailers in residential zoning districts. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. • Property owner's name(s): Not applicable • Property addresses: Not applicable • Property Parcel ID numbers: Not applicable • Current FLUM Designations: Not applicable • Current Zoning Designations: Not applicable June 4, 2014 Planning & Zoning Board Agenda, Item 502 Page 2 of 3 • Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable • Development Agreements (if any): Not applicable • Pending Code Enforcement Actions (if any): Not applicable • City Liens if any): Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 20, Section 20 -431 DISCUSSION: Ordinance 2014 -12 proposes to amend Section 20 -431 of the Code of Ordinances regarding the parking, storage or maintenance of recreational vehicles, boats and boat trailers in residential zoning districts. This ordinance proposes a process to permit administrative approval for the issuance of permits for the parking, storage or maintenance of recreational vehicles in residential zoning districts regardless of length. Additionally, Ordinance 2014 -12 proposes a process to permit administrative approval for the issuance of permits for boats and boat trailers in residential zoning districts, and establishes seven criteria for the issuance of a permit for the parking or storage of any recreational vehicle, and boat in excess of 23 -feet in length or boat trailer in excess of 23 -feet in length in a residential zoning district. The criteria are as follows: The recreational vehicle, boat or boat trailer shall be parked or stored behind the front building line and parked on a paved parking surface. 2. The recreational vehicle, boat or boat trailer shall be located in the driveway area permitted for the parking of passenger cars provided such driveway area is located behind the front building line. There must remain sufficient area in the driveway for the off - street parking of two (2) passenger cars without blocking the sidewalk area. The recreational vehicle or boat shall not be used as a living unit when parked in a residential distri ct. June 4, 2014 Planning & Zoning Board Agenda, Item 502 Page 3 of 3 4. A recreational vehicle, boat or boat trailer must be inspected to ensure it is in a state of good repair. Recreational vehicles shall have a valid registration and license plate. Boats and boat trailers must be registered in accordance with Florida law. Prior to a permit being issued, the property owner shall grant the Police Department access to the recreational vehicle, boat or boat trailer for purpose of this inspection. The recreational vehicle, boat or boat trailer must be screened on all sides with a minimum 6- foot wall, opaque landscaping, or opaque fence. If landscaping is used for screening, said landscaping must be maintained in a manner to provide adequate screening. The area where the recreational vehicle, boat or boat trailer is parked must be maintained in such a manner as to prevent the growth of high weeds and the presence of garbage and other debris. 6. The recreational vehicle, boat or boat trailer shall be owned by a person residing on the subject property. 7. The recreational vehicle, boat or boat trailer shall not obstruct or interfere with pre- existing views from, or sunlight reaching the primary living area, solar panels, or active use area of a neighboring property or the quality of pre- existing views of landmarks, lakes, or other unique vistas of neighboring properties. Additionally, Ordinance 2014 -12 permits the City Manager to impose reasonable special conditions on permits issued to the extent required to ensure compliance with the criteria proposed above. In addition, permits that are approved shall specify and be limited to the recreational vehicle, boat or boat trailer set forth in the permit application, and shall contain a description of the approved parking location on the subj ect property. All permits issued will automatically expire one year after issuance. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board recommend approval of Ordinance 2014 -12, which proposes to amend Section 20 -431 of the Code of Ordinances regarding the parking, storage or maintenance of recreational vehicles, boats and boat trailers in residential zoning districts. ATTACHMENTS: A. Ordinance 2014 -12 Attachment "A" ORDINANCE NO. 2014 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 20 -431 OF THE CITY CODE TO REQUIRE ANNUAL PERMITTING AND TO IMPOSE ADDITIONAL CRITERIA FOR THE PARKING, STORAGE OR MAINTENANCE OF RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS IN RESIDENTIAL ZONING DISTRICTS; 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 parking, storage or maintenance of certain oversized vehicles is currently prohibited by City Code in residentially zoned districts without a permit issued by the City Commission; and WHEREAS, the City Commission desires to implement an administrative permitting process for the parking and storage of all recreational vehicles and oversized boats and boat trailers within residentially zoned districts in the City in order to enhance the value of residential districts, protect property values, and reduce hazards to motorists and pedestrians; 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 incorporated herein by this reference. Section 2. Amendment to Chapter 20, Zoning. The City of Winter Springs Code, Chapter 20, Zoning, Section 20 -431, "Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts" is hereby amended as follows: (underlined type indicates additions and str-ikeati type indicates deletions. It is intended that the text in Chapter 20 denoted by the asterisks shall remain unchanged from the language existing prior to adoption of this ordinance): City of Winter Springs Ordinance No. 2014 -12 Page 1 of 4 Sec. 20 -431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. In order to protect and promote the public health, safety and welfare, and among other purposes, to provide light, safety from fire, safety from other damages and to protect property owners from certain general nuisances associated with the unregulated parking, storage or maintenance of certain vehicles, the parking, storage or maintenance of certain vehicles as herein specified in the areas herein specified are prohibited except as herein provided: (1) Prohibitions: f No recreational vehicle, boat in excess of twenty -three 23) feet, or boat trailer in excess of twenty -three 23) feet ' shall be parked or stored in a residentially zoned district without a permit issued by the city manager or the city manager's designee. . rH the ase A permit shall not be issued unless the following criteria are met: 1. The recreational vehicle, boat or boat trailer shall be parked or stored behind the front building line and parked on a paved parking surface. 2. The recreational vehicle, boat or boat trailer shall be located in the driveway area permitted for the parking of passenger cars provided such driveway area is located behind the front building line. There must remain sufficient area in the driveway for the off - street parking of two (2) passenger cars without blocking the sidewalk area. 3. The recreational vehicle or boat shall not be used as a living unit when parked in a residential district. 4. A recreational vehicle, boat or boat trailer must be inspected to ensure it is in a state of og od repair. Recreational vehicles shall have a valid registration and license Mate. Boats and boat trailers must be reuistered in accordance with Florida law. Prior to a permit being issued, the property owner shall grant the Police Department access to the recreational vehicle, boat or boat trailer for purpose of this inspection. City of Winter Springs Ordinance No. 2014 -12 Page 2 of 4 The recreational vehicle, boat or boat trailer must be screened on all sides with a minimum 6 -foot wall, opaque landscaping, or opaque fence. If landscaping is used for screening, said landscaping must be maintained in a manner to provide adequate screening. The area where the recreational vehicle, boat or boat trailer is parked must be maintained in such a manner as to prevent the growth of high weeds and the presence of garbage and other debris. 6. The recreational vehicle, boat or boat trailer shall be owned by a person residing on the subject property. 7. The recreational vehicle, boat or boat trailer shall not obstruct or interfere with pre - existing views from, or sunlight reaching the primary living area, solar panels, or active use area of a neighboring property or the quality of pre - existing views of landmarks, lakes, or other unique vistas of neighboring properties. The city manager shall be permitted to impose reasonable special conditions on permits issued under this subsection to the extent required to ensure compliance with the aforementioned criteria. In addition, permits approved under this subsection shall specify and be limited to the recreational vehicle, boat or boat trailer set forth in the permit application, and shall contain a description of the approved parking location on the subject property. Any permit issued under this subsection shall automatically expire twelve (12) months after issuance. Application may be made to renew such permit subject to all of the criteria, terms and conditions set forth in this subsection. g distr-iets, tinless stiek bea+ trailer- dees net &Eeeed �went-y three (23) feet in &,,er-a4l length, is in a state ef geed repair-, is being maintained in a nea+ and er-der-ly eenditien and is ewned by the ewner- h. It shall be a violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recreational vehicle, boat or boat trailer within the right -of -way of any city street, alley, lane, way, drive or other thoroughfare overnight. Section 4. 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 5. 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. 2014 -12 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 6. 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 7. 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 , 2014. 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: Charles Lacey, Mayor City of Winter Springs Ordinance No. 2014 -12 Page 4 of 4