| | | | | | | |  | Committee Assignments - C4 Z
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Rickelle Williams, Interim City Manager | | | DATE: | May 15, 2024 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - ACCESSIBILITY RAMPS IN SINGLE FAMILY DISTRICTS. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the attached draft ordinance to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| | On February 21, 2024, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion item (C4 K) to the Land Use and Sustainability Committee (LUSC) pertaining to accessible walkways and ramps in single family zoning districts. On March 19, 2024, the LUSC discussed the item and recommended that the City Commission refer an ordinance amendment to the Planning Board in accordance with the text changes proposed in the LUSC memo. |
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| | | | | | | | ANALYSIS
| Under the single-family development regulations in the Land Development Regulations of the City Code (LDRs), ramps and walkways are a limited allowable encroachment within a required yard, up to the first habitable level of a home. However, if a walkway or ramp providing access to the first habitable level of a home is located within a required interior side yard or street side yard, it would not be permitted as an allowable encroachment under the current requirements of the code. Additionally, within single-family districts, there is a requirement for at least 50% of the front yard and side yard facing a street to be sodded or landscaped pervious open space.
While ramps and walkways can easily comply with these setback and open space requirements when part of a new home, it can be challenging for older homes to meet these requirements. To address this issue comprehensively, the attached LDR amendment, as recommended by the LUSC, is proposed. The following is a summary of the proposed amendments:
1. For homes issued a certificate of occupancy or certificate of completion prior to January 1, 2024, the addition of one accessible ramp/walkway, not to exceed five (5’) feet in width, leading from the front or street side property line to the first habitable level, shall be an allowable exemption to the minimum 50% pervious open space requirement.
2. The allowable encroachments for walkways have been expanded to include single family homes in the RS district that were issued a certificate of occupancy or certificate of completion prior to January 1, 2024.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary based on circumstances unique to the proposed amendment and waive the applicable fees.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s) and principal(s): Not Applicable
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No fiscal impact expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission refer the attached draft ordinance to the Planning Board.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Alex Fernandez |
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