AGENDA MEMORANDUM

MEETING DATE:   January 25, 2010        

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Amending the Code of Ordinances Chapter 25 Zoning, Land Development Code, , Article IV. Zoning District Code, Sec. 25-292 Supplemental District to revise (19) Residential Garages Requirements and (20) Residential Storage

Staff Recommendation:

The Planning Commission and Planning staff recommends approval of the referenced amendment to the Code of Ordinances Amendment to Chapter 25 Land Development Code, Article IV. Zoning District Code, Sec. 25-292 Supplemental District to (19) Residential Garages and adding (20) Residential Storage Requirements.

Analysis:

On December 17, 2009, the Planning Commission held a public hearing on the amendments requested by staff, and, by a vote of 5 to 1, recommended approval of the amendments.

Since it was adopted, we have had problems with the language in dealing with actual plans submitted and have had to have the plans revised in order to approve permits. The biggest problem was not having flexibility in the storage dimensions and the issue of historic homes with carports.

Options:        

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

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

Fiscal Impact:

There is no fiscal impact to the City.

Submission Date and Time:    2/4/10 10:46 AM____

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 _____________________

AN ORDINANCE AMENDING THE CITY OF LEESBURG LAND DEVELOPMENT CODE CHAPTER 25 ZONING, ARTICLE IV. ZONING DISTRICT CODE, SECTION. 25-292 SUPPLEMENTAL DISTRICT REQUIREMENTS BY AMENDING (19) RESIDENTIAL GARAGES; 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.

The following section is hereby amended to Chapter 25 Zoning, Article IV. Zoning District Code, Sec. 25-292 Supplemental District Requirements of the Code of Ordinances of the City of Leesburg, Florida:

ARTICLE IV.  ZONING DISTRICT CODE

Sec. 25-292 Supplemental District Requirements

(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 300 240 square feet with minimum design dimensions of 12 feet × 18 feet for automobile parking and 12 feet × seven feet for storage. All garages shall be equipped with an operational overhead door with minimum dimensions of nine 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 construct a new garage on the property sufficient to meet the square footage requirements of this section. 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 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.

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 , 2010.

THE CITY OF LEESBURG, FLORIDA

BY:

Mayor

Attest:

City Clerk