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Item No:                    5D.

 

Meeting Date:           May 13May 28, 20133

 

From:                          Bill Wiley, AICP, Community Development Director

 

Subject:                      Ordinance Amending the Code of Ordinances Chapter 25 Zoning, Article IV. Zoning District Code, Sections 25-290 Temporary uses and 25-292 Supplemental district requirements.

 

 


Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the referenced amendments to the Code of Ordinances Chapters Chapter 25 Land Development Code.

 

Analysis:

On April 19, 2013, the Planning Commission held a public hearing on these amendments requested by staff, and voted to recommend approval of the amendments as shown in the attached LDC Code Revisions Recommendations.

 

The proposed amendments to the Land Development Code represent various amendments necessary as house keeping, clarification or new changes to the Land Development Code, which was adopted in 2004 with revisions in 2006, 2008, 2009, 2010, 2011 and 2012.  The changes are summarized as follows:

 

Sec. 25-258 Off-street parking – To remove restriction on the maximum number of parking spaces allowed above the minimum required by the code. This has never created a hardship for the City and should be changed to allow the individual business to determine if they need more parking than the ten (10) percent current restriction of the code.

 

Sec. 25-284 (3) Use Table – To change the C-2 Community Commercial and C-3 Highway Commercial Uses to allow some Vehicle Sales and Service Uses as Limited Uses, Conditional Uses and Permitted Uses. This change would simplify the opening on auto type businesses in the City by not requiring them go through the conditional use process etc. which was implemented by the previous City Manager.

           

Sec. 25-292  Supplemental district requirements (19) Residential Garages – To allow homes with existing carports to be enclosed as long as there is existing or new storage as required by (20) Residential storage of (80) square feet. This is recommended because the code as currently rewritten has causes a hardship for existing home owners who bought their homes in areas where other garages or carports had been enclosed previously and they assumed that they could also expect to be allowed to do the same thing. Often these homeowners’ family situation has changed with addition of children, medical situations or the need to have a parent move in with them. This change will not affect the requirement for new homes to have garages.

 

By a vote of 4 to 0 on April 19, 2013, the Planning Commission voted to recommend approval.

 

Options:        

1.         Approve the recommended amendments to the Code of Ordinances Chapter 25 Land Development Code.

            2.         Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There should be no fiscal impact to the City with these proposed changes.

 

 

Submission Date and Time:    5/23/13 2:00 PM____

Department: Community  Development

Prepared by:  Bill Wiley, AICP                    

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                 

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW_____

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. _____      

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING AND/OR SUPPLEMENTING THE CODE OF ORDINANCES CHAPTER 25, ARTICLE IV, ZONING, SECTIONS. 25-258 OFF-STREET PARKING BY DELETING (4) MAXIMUM NUMBER OF PARKING SPACES, 25-284 DISTRICT USE REGULATIONS, (2) USE TABLE KEY--TYPES OF USES AND (3)  USE TABLE BY AMENDING THE USE TABLE FOR VEHICLE SALES AND SERVICE, SECTION 25-292 SUPPLEMENTAL DISTRICT REQUIREMENTS, (19) RESIDENTIAL GARAGES BY AMENDING THE GARAGE REQUIREMENTS ; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

            BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

Chapter 25 Zoning of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended as follows:

 

           ARTICLE IV. ZONING DISTRICT CODE

           Sec. 25-258. Off-street parking.

In all districts and in connection with every use, with the exception of single family, there shall be provided, at the time any building is constructed or any existing building is moved, altered, added to or enlarged or reconstructed, off-street parking spaces in accordance with the requirements as set forth in this article; however, subsection (6) shall be enforced for all districts and in connection with every use. All requirements of the American Disabilities Act shall be adhered to regarding size and location of parking spaces, access, etc. as administered by the Community Development Director planning and zoning manager for the city.

  (4)         Maximum number of parking spaces. The number of parking spaces provided by any particular use in ground surface parking lots shall not exceed the required minimum number of spaces provided by this section by more than ten (10) percent. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, may not apply towards the maximum number of allowable spaces. Parking spaces provided through "shared parking" also do not apply toward the maximum number. The "maximum parking" standards of this article apply within the area defined as the contemporary design overlay. The planning and zoning manager shall have the authority to waive this requirement.

Sec. 25-284. District use regulations.

The following uses categories are not zoning districts. These categories group uses are for regulatory purposes. The names of some use categories (for example "commercial" may be similar to names for zoning districts (such as "neighborhood commercial").

            (1)         Approach to categorizing uses.  The use categories found in the use table are set forth in this section. Any use not specifically set forth in this section is expressly prohibited, unless the planning and zoning manager or designee determines that the use is similar to a permitted use in accordance with this section. Where such similar permitted use is subject to limited use standards or conditional use approval, the proposed use shall also be subject to such standards or approval. 

            (2)        Use table key--Types of uses.   

a.         Uses permitted by right (P).  A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable requirements of these regulations. 

b.         Uses permitted as administrative limited uses (L).  An "L" indicates a use that will be permitted subject to the use limitations in Section 25-339 L's are uses that require the approval of the Community Development Director planning and zoning manager and the conditions expressed in Section 25-339. Administrative limited uses are subject to all other applicable requirement of these regulations, including the additional standards contained in Section 25-339, except where expressly modified by the Community Development Director planning and zoning manager as part of the administrative limited use approval. A sign is required to be posted on property informing public of request for limited use. Request granted, granted with modifications, deferred for additional information, or denied by staff within ten (10) days if no written objections stating reasons for objections are received from interested parties. If written objection received, request is scheduled for consideration by planning commission's next scheduled meeting. 

c.         Uses permitted as conditional uses (CU).  A "CU" indicates a use that is allowed only where approved as a conditional use by the City Planning Commission. Conditional uses are subject to all other applicable requirements of these regulations, including the additional standards contained in Section 25-285, except where expressly modified by the commission as part of the conditional use approval. 

d.         Uses not allowed.  A blank cell in the use table indicates that a use is not allowed in the respective district. 

(3)        Use table.

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

SPUD

CBD

PUD

M-1

RP

P

I

  COMMERCIAL USES   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

Vehicle Sales and Service   

Car wash, full or self-service   

L

P

P

CU

P

P

P

Truck stop   

P

P

P

P

P

Vehicle sales, leasing or rental   

L

P

CU

P

CU

P

P

P

Vehicle service, intensive   

CU

CU

P

CU

P

P

P

Vehicle service, limited   

L

CU

P

P

CU

P

P

P

Boat sales not accessory to boat livery   

L

CU

P

CU

P

P

P

 

 


Sec. 25-292.  Supplemental district requirements.

The following supplemental requirements shall apply to all uses with in this chapter. These standards and criteria are deemed necessary to provide for the health, safety, morals and general welfare of the citizens of Leesburg.

(19)      Residential Garages. All new single family detached dwellings constructed after the effective date of this section in all zoning districts shall require a garage of at least 240 square feet with minimum design dimensions of 12 feet × 18 feet for automobile parking. All garages shall be equipped with an operational overhead door with minimum dimensions of eight feet × seven feet, which door, when closed, conceals the interior of the garage. Should any property owner enclose or reduce the size of any existing garage or carport below the square footage requirements of this section, the owner shall be required to have or construct a new garage storage structure on the property sufficient to meet the square footage requirements of this section (20) Residential Storage below. However, historic dwellings listed in the City’s historic surveys or in the Historic District may be allowed to replace existing carports with a carport meeting the size requirements of this section if approved by the Historic Preservation Board as necessary to maintain the historic character of the dwelling. New carports and garages shall be designed to be architecturally similar and compatible to the principal residence.       

(20)      Residential storage. All new single family detached dwellings constructed after the effective date of this section in all zoning districts shall require an enclosed storage area of eighty (80) square feet as part of the dwelling or as a separate storage unit in the rear or side yard of the property. The minimum design dimensions of storage within the dwelling unit shall be three (3) feet × ten (10) feet. The minimum design dimensions of storage areas out side of or detached from the dwelling unit shall be six (6) feet × ten (10) feet. Storage areas requirements shall not include any area used for heating and air-conditioning equipment, washers and dryer etc., in meeting the minimum requirements. New detached storage units shall be designed to be architecturally similar and compatible to the principal residence.

 

SECTION II.

 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION III.

 

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

 

This ordinance shall become effective upon its passage and adoption according to law.

 

 

 

 

 

 

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                    day of                                    , 2013.

 

 

THE CITY OF LEESBURG, FLORIDA

 

 

BY:                                                                 

Mayor David Knowles

 

Attest:                                                                        

City Clerk Betty Richardson

 

 

 

 

Note: The strike throughs are deletions and under lines are additions