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Home My WebLink About706-99 Amend LDC - Special Exceptions IMI911~111111II1I11111111111IlI1lIIIIII1lti IE 99019475 Rcpt: 305091 Ree: 24.00 DS: 0.00 I T: 0.00 ORDINANCE NO.: 7 0 6 02/17/99 Dpt y Clerk AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, A MUNICIPAL CORPORATION, AMENDING CHAPTER 3 OF THE LAND DEVELOPMENT CODE OF THE CITY OF ZEPRYRHiLLS, FLORIDA BY ENACTING SECTION 3400 ET SEQ., PROVIDING FOR SPECIAL EXCEPTIONS; APPLICATION PROCESS; REQUIREMENTS FOR APPROVAL; AUTHORIZE USES. .OF . SPECIAL. EXCEPTIONS; REVIEW; INTENT AND EFFECTIVE DATE. ' JED PITTMAN, PASCO COUNTY CLERK 02/17/99 03:52pm 1 of 5 OR BK 40 9E. PG 4B3 BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, sitting in regular meeting that: Section 1: That Chapter 3, Permitting of Nonconforming Development, Section 3400, Special"Exceptions of the Zephyrhills Land Development Code is hereby created incorporated and shall henceforth read as follows: CHAPTER 3 Permitting of Nonconforming Development; SECTION 3400. Special Exceptions: When Permitted. A special exception as defined in Chapter 1, Section 1010 may be permitted in any C2, C3,LI, and OP, zoning districts when authorized by the Planning Commission only after a complete showing of compliance with the standards specified both in this Section and all other applicable sections of the Land Development Code. SECTION 3410. Application Requirements The following are the application requirements for special exceptions: (1) An. application form completed by the applicant along with all required supporting documents, as listed on the application form. (2) A fee as established by City Council (3) A detailed plot plan, drawn to schedule, no larger than 11 inches by 17 inches, showing location and dimensions of all existing and proposed structures and other improvements and setbacks of same, signs, provisions for off-street parking, and a detailed statement of use. (4) Public notice shall be provided as set forth in the City of Zephyrhills'Land Development Code. Applicant will provide the City with an appraisal print out of property owners within 200 feet of subject property. Applicant is responsible for providing all respective parties with notice via certified mail return receipt. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33540 PO -4-BOR BK4-009 ' + 2of5 SECTION 3420 Requirements for Approval of Special Exceptions: If the procedural requirements above have been met and the Planning Commission' is empowered to hear the application for Special Exception, the Planning Commission shall conduct a public hearing and review the application for Special Exception as submitted, and shall not grant approval unless such change is submitted to and approved by the Planning Commission. Prior to granting a Special Exception approval, the Planning Commission shall ensure that: - -(1) Therms: (a)ingress and eg ess;r_the development and proposed structures, with particular reference to automotive and pedestrian safety; (b) separation of automotive, bicycle, traffic and control; (c) provision of services and servicing of utilities and refuse collection; and (d) accesses for fire, catastrophe and emergency services. Access management standards on state and county roads shall be based on the latest access management standards of the Florida Department of Transportation "FDOT", or Pasco County, respectively. . (2) The location and relationship of off-street parking,-and:off-street loading facilities to driveways and internal traffic patterns within the proposed development does not impose a traffic or safety hazard, with particular reference to automotive, bicycle, and pedestrian traffic; does not unnecessarily.impede traffic flow and control, access in case of fire or catastrophe; or if and screening and landscaping are adequate or excessive. (3) If necessary, a completed traffic impact report describing how this project will impact the adjacent streets and intersections. A detailed traffic report may be • required to determine the prbjec-i impact on the levei of services of adjacent streeis and intersections. Transportation system management techniques may be required, where necessary, to offset the traffic impacts. (4) The drainage on the property is adequate with particular reference to the effects of provisions for drainage on adjacent and nearby properties, or the _. requirements of on-site retention systems. The Commission may grant approval as required by the City of Southwest Florida Water Management.District "SWFWMD. (5) Any signs, or,proposed exterior:lighting does not.create, an unnecessary glare, or constitutea traffic safety hazard, and are compatibility arid harriionious with adjacent properties. (6) The orientation and location of buildings, recreational facilities and open space in relation to the physical characteristics of the site is adequate, and the character of the neighborhood and the appearance and harmony of the building, with adjacent development and surrounding landscape are not materially adversely affected. (7) The intended use is compatibility with the existing natural environment of the site, historical and archaeological sites, and with properties in the neighborhood as outlined in the City's Comprehensive Plan. (8) There are no substantial detrimental effects to the proposed use. In considering this the Commission should evaluate the impact of a concentration of similar or the same uses and/or structures, on property values in the neighborhood. • (9) There: are: no'.substantial detrimental effect's:•to the proposed use. In considering this the Commission should evaluate the impact of a concentration of ':similar or the same uses and/or structures,,on living or working,conditions in the neighborhood. OR BK 4-O 9E PG ABS 3 of 5 (10) The setbacks, screens,buffers and general amenities to preserve internaleand external harmony and compatibility with uses, inside and outside the proposed development are sufficient and-adequate to control adverse&effects of noise, lights, dust, fumes and other nuisances. • (11) The land area is sufficient, appropriate and adequate for the use and reasonable anticipated operations and expansion thereof. (12) The general amenities, included as part of the development complement the character of the surrounding area. (13) Thereis lanttsca pin as re uired in Cha ter 4 ofthe LDC,,and a preservation 1�.-g, Q p of natural manmade features of the site including trees, wetlands, and other vegetation. (14) The development is sensitivity to on-site and/or adjacent (within two- hundred (200) feet) historical or archaeological resources related to scale, mass, building materials, and other impacts. (15) The development meets adopted levels of service, and meets the requirements for a Certificate of Concurrency by complying with the adopted levels of service:for ;, a: ' ' Water=. b. •• • '..Sewer. c. Sanitation. d. Parks and recreation. e. Drainage. f. Mass transit. : g. Traffic. SECTION 3430 Additional safeguards; variances. In approving a special exception, the Planning Commission may also establish and require additional safeguards to ensure proper'operation of the use and provide protection to the surrounding area. Such safeguards may include,but are not limited to; a time limit for :acquiring development authorization and/or development-completion; hours of operation; entry and exit points to and from the site; fencing and screening, additionalsetbacks, and capacity of the use. The Planning Commission shall have authority to grant variances at the hearing. SECTION 3440 Uses Which May be Authorized Unless otherwise permitted by this chapter, the following uses may be allowed as special exceptions in any zoning district unless prohibited by the zoning district or as otherwise indicated within this Section: (1) Those uses listed in the specific zoning district as special exceptions. These uses may be authorized only within theedistrict'where specified: (2) -Public or private parks, playgrounds, clubhouses for fraternal organizations, and recreation areas. ORKK +B ' .916 PG 488 4of5 (3) New.paint.booths that are,entirely,enclosed:with emissions,controls.may be considered, if the use is found to be compatible with the surrounding vicinity with other similar uses. (4) Restaurants where authorized as a special exception in the specific zoning district shall comply with the following standards: a. Seventy-five(75) seats or less seating capacity. b. Be so located as to primarily serve the immediately surrounding industrially zoned area. (5) Bed and breakfast facility in residential districts subject to`th'e following: ~ y.4 • a. Maximum of five guest rooms .• b. Facility shall be designed and operated so. as 'to maintain the residential character of the neighborhood. These facilities are intended to provide short term lodging and meals for transient guests who are visiting the area. It is specifically not intended for these to be rental apartments, boardinghouses or other mid-to-long term rental units. The Planning Commission shall have wide latitude to attach conditions to 'insure this provision is met. c. The proposed location should generally not be located on a minor residential street unless the area has some unique features such as'access to tourist attractions or location in an historic area where such facilities may be desirable. It may also be appropriate to consider the facilities innbuildings where a valid public purpose would be served in maintaining, preserving and reconditioning older structures and neighborhood character. , d. Parking shall be required at the rate of one space for each guest room plus two spaces. Parking shall be provided in a manner which is compatible with the surrounding area. e. A maximum of six-square-foot sign may be provided to identify the facility's location. (6) Since the size and nature of the uses identified as special exceptions may vary widely, a detailed plot plan and detailed statement of all uses proposed shall be submitted with each request for a special exception approval. The plan, once approved, shall become a condition upon which the use and structures shown thereon are permitted; and any change or addition shall constitute a violation of the special exception. SECTION 3450. Review. Any aggrieved may seek review of the decision of the Planning Commission regarding an application for special exception, by petition to the City Council. Such petition shall be filed with the Clerk within twenty (20) days of rendition of the Planning Commission regarding the application for which review is sought. Section 2: The provisions of this Ordinance are severable, and if any section, sentence, clause, or phrase is for any reason held to be unconstitutional, invalid, or ineffective, this holding shall not affect the validity of the remaining portions of the Ordinance, it being expressly declared to be the City Council's intent that it would have , ' -OR BK 4Ot36, ISG zi-B- ' 5of5 passedthe'valid portions of this`Ordinance without the'inclusion of any invalid portion or portions. .. Section 3: This Ordinance shall become effective immediately upon its passage. The foregoing Ordinance No. g040 was read and passed on its first reading by the City Council of the City of Zephyrhills, Florida, on this aSr `' day of , A.D., 1999...- s , •,n — --7--_____ _ \\ CHARLES E. ATKINS P,,, ,,4. .,,Lay60_,A/ijresident of City Council ATTE,ST: 70 Citylflerk, Linda D. Boan O tbiy The foregoing;Ordinance No. '7o (e, was read and passed on its second reading by the City Council of the City of Zephyrhills,Florida, on this ' day of ` , ' A.D., 1999: , : - . ;:. ..., . ` • gip. r>qf , .- C. —� '- 4�'; C.: . RLES E. ATKINS i president of City t�TTEJT. . . . n �`t� City C , &k, Linda D. Boan f n It '`, ,1 -%., "T,ltet for``bgoing Ordinance No. fit was approved by 'me this ' day of A.D., 1999. 011er , A 1 AMES A. BAILEY, Mayor c:\amendldc.3 40(1-27-99)