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HomeMy WebLinkAbout2014 07 28 Public Hearing 501 Second Reading of Ordinance 2014-12 RV/BoatsCOMMISSION AGENDA ITEM 501 REQUEST: Informational Consent Public Hearings X Regular July 28, 2014 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests the City Commission approve 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 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 residentially zoned 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. Public Hearings 501 PAGE 1 OF 4 - July 28, 2014 . 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 . 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. 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 in excess of 28 -feet in length, 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: 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, provided, however, that a permit may be issued for a boat which, as of the effective date of this code section [July 28, 2014], has regularly been parked on an unpaved parking surface behind the front building line for at least sixty (60) days. 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. Public Hearings 501 PAGE 2 OF 4 - July 28, 2014 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 good repair with respect to exterior appearances. 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 City 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. 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 subject property. All permits issued will automatically expire one year after issuance. Application may be made to renew each permit. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item has been advertised in the Orlando Sentinel on June 12, 2014 RECOMMENDATION: Public Hearings 501 PAGE 3 OF 4 - July 28, 2014 Staff recommends the City Commission approve 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 B. Minutes, Planning & Zoning Board - June 4, 2014 C. Advertisement, Orlando Sentinel - June 12, 2014 Public Hearings 501 PAGE 4 OF 4 - July 28, 2014 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 and all properties containing a residential use 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-ikeett 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 City of Winter Springs Ordinance No. 2014 -12 Page 1 of 4 this ordinance): 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 All recreational vehicles and boats parked or stored in a residentially zoned district, or upon any property containing a residential use, shall be parked or stored behind the front building line. No recreational vehicle in excess of twenty -eight (28) feet in length or boat in excess of twenty -three (23) feet in length, a excess oft -wen �y -eight (29feet in length aver-all meastir-em shall be parked or stored in a residentially zoned district, or upon any property containing a residential use, without a permit issued by the city manager or the city manager's designee. 6ermmis ion and r-efiewed anatially by e . la the ease of -a tPdek- °r the length m° eat will °ludo tpdek and eamp °r. A permit shall not be issued unless the following criteria are met: The recreational vehicle_ boat or boat trailer shall be barked or stored behind the front building line and parked on a paved parking surface, provided, however, that a permit may be issued for a boat which, as of the effective date of this code section [July 28, 20141, has regularly been parked on an unpaved parking surface behind the front building line for at least sixty (60) days. 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 or upon any property containing a residential use. City of Winter Springs Ordinance No. 2014 -12 Page 2 of 4 4. A recreational vehicle, boat or boat trailer must be inspected to ensure it is in a state of good repair with respect to exterior appearances. 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 City 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. 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, tialess stieh beat trailer- does not e�Eeeed :�wea�y three (23) feet in ever-a4l length, is in a state of good repair-, is being maintained in a neat and orderly eandition and is owned by the owner- 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. Emma 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. City of Winter Springs Ordinance No. 2014 -12 Page 3 of 4 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 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 Attachment "B" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 4, 2014 PAGE 5 OF 8 VOTE: VICE - CHAIRPERSON CASMAN: AYE BOARD MEMBER POE: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department — Planning Division The Community Development Department — Planning Division Requests That The Planning And 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. Board Member Bart Phillips stated, "Before we begin this, I would like to exclude myself from this discussion because I have a conflict." Mr. Howell presented this Agenda Item, and explained, "After you got your packets, Staff has had a chance to take a look at this Ordinance a little bit more in depth and there are some changes that we are going to propose, that Mr. Stevenson would like to go over with you." Following, Mr. Stevenson explained the following, "Subsequent to this Agenda Item being written, we've had additional conversations at the Staff level, involved the Police Department a little bit more, and also the City Manager. As I've told this group before we never want to write a section that is not enforceable in the field and we had some language that we felt was a little bit weak, shall we say, and maybe some that may have been regulated that we didn't want to regulate at this point." Mr. Stevenson referred to Ordinance Number 2014 -12 and began, "Starting on page 2 of 4, under (1) Prohibitions: you have a section `f' that starts with `No recreational vehicle'. I need to interject a sentence prior to that addresses the situation that we have in a lot of cases today, and that sentence would say something to the following: `All RV's and Boat Trailers with or without a boat thereon parked or stored in a residentially zoned district shall be parked or stored behind the front building line.' That is the case that exists today. We are drawing a line between those that have a Permit, those that need to get a Permit, and those that don't need to get a Permit. All of them have to be parked behind the front building line, which is the case today." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — JUNE 4, 2014 PAGE 6 OF 8 Continuing, Mr. Stevenson noted that next change would be under the same section 'T ", item number "4." and noted, "Where it says `Inspected to ensure that it is in a state of good repair.' — obviously the people we have out in the field, be it a Police Officer or Building Inspector, don't have the expertise to determine if an RV (Recreational Vehicle) is running. So, what we have done is modified that. Also, `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' - we said the `City'." Further comments. Lastly, Mr. Stevenson said that item "7." would be removed entirely from the Ordinance, as it was open to interpretation and could be viewed subjectively. Additional comments were made on a one -time permit versus an annual permit. Board Member Poe asked if a resident would need a Permit if a boat was stored in the back yard behind a fence. Mr. Stevenson replied, "No." Discussion ensued on the difference between the length of a boat and the length of the trailer required to tow the boat. In addressing the approval process for the Permits, Chairperson Henderson believed, "The final approval should rest with the Commission." Mr. Stevenson replied, "We still are going to review them on a case by case basis. The Commission gave the direction that it be done at the Staff level ", and noted that Applicants would retain the appeal process to the City Commission for denied Permit applications. Board Member Poe mentioned that he has sought to empower the Staff as a Planning and Zoning Board/Local Planning Agency Board Member, as Staff was more than capable of performing these duties through their education, experience, and was concerned that Staff would leave for other municipalities without support. Chairperson Henderson opened "Public Input ". Tape 1 /Side B Mr. Ted Johnson, President, Tuscawilla Homeowner's Association, 1107 Pheasant Circle, Winter Springs, Florida: mentioned that a resident on Arabian Avenue had a concrete slab placed on their property and has a Recreational Vehicle parked on the slab. The resident has also placed a fence around the property. He asked why the required length of the boat had changed and if it would be required to install a concrete slab for the boat storage. Mr. Stevenson said as the Ordinance was written that if a boat was over twenty -three feet (23') and is stored behind a fence, then it would need to be placed on a paved surface. Issuance of a Permit would require that a paved surface be installed. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 4, 2014 PAGE 7 OF 8 Further, Mr. Stevenson said, "Unless we want to inject some language, which we can work out between now and the Commission meeting with the Attorney that would grandfather those boats behind a fence that have been there for years. We can certainly consider that at the direction of this Board." Further discussion. Vice - Chairperson Howard Casman inquired how this Ordinance came about and believed it may be "Creating more of problem than solving." Mr. Howell replied that the City had recently received applications for Recreational Vehicles that were in excess of twenty - eight feet (28') and the residents had been cited by Code Enforcement for Code Violations. Further comments. Discussion ensued on Homeowner's Associations By -Laws versus City Ordinances. Chairperson Henderson closed "Public Input ". Board Member Poe emphasized that he was against requiring residents install a paved surface for storage of their boats or recreational vehicles. Board Member Poe also added, "I think we not recommend approval for this. I think we need to send it back to Staff to make some additional changes, to include the ones they have already made. But, I don't want to punish those homeowners who have a twenty -five foot (25') boat that is in their backyard and has been there for twelve (12) or fifteen (15) years." Mr. Stevenson replied, "If we take this forward to the Commission, I would like to propose the following two (2) items to see if this addresses this concern. If a boat exceeds the twenty -three foot (23') length and has been there for awhile and is behind the front setback with a fence, we could put in some grandfathering language that would alleviate them as long as it doesn't become a nuisance from putting in on a paved surface. The other one is pretty simple. We simply say `a boat in excess of twenty -three feet (23')'. Because a trailer that carries a twenty -three foot (23') boat can vary in length. Those are my suggestions." Senior Attorney Kopp added, "We could put in language that, as of the date of the Ordinance, boats that existed prior to Ordinance are grandfathered." Discussion. "MOTION TO APPROVE AS MODIFIED BY RANDY STEVENSON." MOTION BY BOARD MEMBER POE. SECONDED BY CHAIRPERSON HENDERSON. MR. STEVENSON REITERATED ALL OF THE PREVIOUSLY SUGGESTED CHANGES. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — JUNE 4, 2014 PAGE 8 OF 8 VOTE: VICE - CHAIRPERSON CASMAN: AYE BOARD MEMBER POE: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: ABSTAINED MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input ". No one spoke. Chairperson Henderson closed "Public Input ". ADJOURNMENT Chairperson Henderson adjourned the Regular Meeting at 6:39 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK ":• I"D BOB HENDERSON, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the 2014 Planning And Zoning Board/Local Planning Agency Regular Meeting.