III-B-2 NOVEMBER 4, 2019 ORDINANCE NO. ____ PROPOSED ORDINANCE NO. 19-035 AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE; AMENDING ARTICLE 4 OF THE LAND DEVELOPMENT CODE TO ADOPT PARKING STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL DEVELOPMENT; MAKING FINDINGS; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance 5425, adopted on December 16, 2013, the City Commission of the City of Lakeland, Florida adopted the Land Development Code for the City of Lakeland; and WHEREAS, it has been determined that amendments are necessary to update the regulations contained within the Land Development Code; and WHEREAS, the City Commission, upon recommendation by the Planning and Zoning Board, wishes to adopt the amendments to the Land Development Code set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAKELAND, FLORIDA: SECTION 1. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 2. The amendments to the Land Development Code set forth in Attachments “A” and “B,” attached hereto and made a part hereof, are hereby adopted. 1 SECTION 3. The City Commission does hereby expressly find that the provisions of this ordinance are in conformity with the Comprehensive Plan of the City of Lakeland adopted by Ordinance 5188, and that all procedures for the enactment of this ordinance have been complied with. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. If any word, sentence, clause, phrase, or provision of this ordinance, for any reason, is held to be unconstitutional, void, or invalid, the validity of the remainder of this ordinance shall not be affected thereby. SECTION 6. This ordinance shall take effect immediately upon its passage. PASSED AND CERTIFIED AS TO PASSAGE this 18th day of November, A.D. 2019. ___________________________ H. WILLIAM MUTZ, MAYOR ATTEST: _________________________ KELLY S. KOOS, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ________________________ PALMER C. DAVIS INTERIM CITY ATTORNEY 2 ATTACHMENT “A” 4.11.4.6 Vehicle Use Area Design & Construction Standards for Single-Family and Two-Family Residential Uses It is the intent of this section to adopt standards for the design and construction of off-street parking for single-family and two-family residential uses to minimize visual impacts on building frontages/streetscapes; impacts to pedestrians; and impacts on adjacent property owners. The standards set forth in this section shall only apply to parking located within the front or street side yards of any property zoned or developed for either single-family or two-family residential uses. a. In accordance with Table 4.11-1, parking shall be provided at the ratio of two spaces/dwelling unit. All parking shall be located on the same lot or parcel as the residential use and within either the actual driveway itself, an accessory parking pad, under a carport or within an enclosed garage. Driveways shall terminate only in in front of a garage, within a carport, or within the interior side yard of the principal structure on the lot or parcel. b. Driveway Dimensions: The minimum and maximum dimensions shall be as specified below. 1. Standard Driveways: For properties located within a designated historic district, the minimum width for standard driveways shall be eight (8) feet and the maximum width ten (10) feet. For all other areas, the minimum driveway width shall be ten (10) feet and the maximum width twenty-four (24) feet. 2. Ribbon Driveways: Minimum width seven (7) feet, from outer edge to outer edge, and a maximum width of 10 (feet). Minimum width for vehicle tire tracks: two (2) feet. 3. Circular Driveways: Minimum width ten (10) feet and a maximum width of fourteen (14) feet. Minimum lot frontage of seventy-five (75) feet. 4. To accommodate vehicle turning movements into and from a property, driveway aprons may exceed the maximum driveway widths specified above, up to a maximum of three (3) feet on either side of the driveway. 5. Minimum Driveway Length and Setbacks: All driveway and/or parking pads shall extend for a minimum distance of 20 feet on the property, not including any portion of the driveway located within the right-of-way which serves as a connection to an adjacent street or alley. To account for the driveway apron flare, the portion of the driveway located within any right-of-way shall be setback a minimum distance of three (3) feet from any side lot line. 6. If the minimum amount of parking required will be accommodated through tandem parking in a single-car driveway, the driveway shall extend for a minimum distance of forty (40) feet. c. Surface Materials: Residential driveways and parking areas shall be constructed of asphalt, concrete, brick or ornamental pavers, crushed stone, rock, gravel or other similar materials and shall be maintained as a durable, dust free surface at all times. The use of crushed shell and other floatable materials such as wood chips, mulch or shredded rubber shall be prohibited. 3 d. Curb Cuts: There shall be no more than one (1) driveway apron/curb cut, per lot or parcel, with the exception of circular driveways, driveways serving two-family dwellings constructed in a side-by-side configuration, and properties with access to an improved alley. e. Accessory Parking Pads: Within front and street side yards, a parking pad up to ten (10) feet in width may be constructed accessory to a legal, conforming driveway provided that the pad is located entirely within the property boundaries. f. Side Loaded Garages: Driveways serving side loaded garages shall provide a minimum of twenty-four feet (24) feet of maneuvering space for vehicle turning movements. g. Garage Conversions: Conversion of existing garages to other uses shall not be permitted if such a conversion reduces the amount of off-street parking available below the minimum amount required for all uses on the property. h. Non-Conformities: Non-conforming driveways and off-street parking areas constructed prior to the effective date of these standards shall be deemed legal, non-conforming structures and may be maintained and repaired provided that the extent or size of the nonconformity is not increased or intensified. Upon construction of a new single-family or two-family home, such driveways and parking areas shall be brought into conformance. i. 4 ATTACHMENT “B” 5 Planning & Zoning Board Recommendation Date: November 4, 2019 Reviewer: Matthew Lyons Project No: LDC19-002 Applicant: City of Lakeland P&Z Hearing: August 20, 2019 P&Z Final Decision: September 17, 2019 Request: Changes to Article 4 (General Site Development Standards) to adopt parking standards for single-family and two-family residential development. 1.0 Background Periodically, various changes to the Land Development Code (LDC) are proposed in response to changing circumstances or to address unintended consequences of existing standards. The proposed changes to Article 4 (General Site Development Standards) adopt off-street parking standards for single-family and two-family uses. The recommended changes are included as Attachment “A.” 1.2 Attachments Attachment A: Proposed Standards for the Design and Construction of Vehicle Use Area for Single-Family and Two-Family Uses Attachment B: Residential Driveways & Parking Illustration 2.0 Discussion Currently, the Land Development Code only regulates the design and construction of vehicle use areas on properties developed for multi-family, office, commercial, and industrial uses. For singlefamily and two-family uses, there are no design standards in place which regulate the design and construction of residential driveways and parking areas. As a result, there are numerous examples of residential properties within the City in which vehicles regularly park in unimproved front and street side yards. Typically, this occurs because there is no driveway, the existing driveway is in poor condition, or the driveway is not large enough to accommodate the number of vehicles in the household. Other issues that have arisen include multiple driveway openings or curb cuts on a single property, and the construction of substandard driveways such that vehicles either encroach onto adjacent properties or impede access to pedestrian facilities within the adjacent right-of-way. In the absence of minimum standards, it is left to the individual property owner to decide whether the parking is improved and how it is designed and maintained. Should a property owner decide not to have any improved parking or pave over the entire front yard, the City has no recourse in which to address negative impacts on adjacent property owners. The proposed changes establish minimum design standards for the design and construction of vehicle use areas for single-family and two-family uses. The standards only apply to parking and driveways within front and street side yards for new construction. Existing improved driveways and off-street parking areas will be deemed legal, nonconforming structures if noncompliant with the proposed standards. Only upon the construction of a new single-family will driveways and parking areas be required to be brought into conformance. 3.0 Recommendation 3.1 Community and Economic Development Staff The Community and Economic Development Department and the Board reviewed this request for compliance with Lakeland Comprehensive Plan: 2010-2020 and it is our opinion that the request is consistent with the Comprehensive Plan. 3.2 The Planning & Zoning Board This recommendation was approved by a 6 – 0 vote of the Board. The Community and Economic Development Department reviewed this request and recommended the proposed changes to the LDC. Recommendation It is recommended that the proposed changes to the LDC, as described in Attachment “A” and “B,” be approved. Planning & Zoning Board Recommendation for LDC19-002 Page 2 ATTACHMENT “A” 4.11.4.6 Vehicle Use Area Design & Construction Standards for Single-Family and Two-Family Residential Uses It is the intent of this section to adopt standards for the design and construction of off-street parking for single-family and two-family residential uses to minimize visual impacts on building frontages/streetscapes; impacts to pedestrians; and impacts on adjacent property owners. The standards set forth in this section shall only apply to parking located within the front or street side yards of any property zoned or developed for either single-family or two-family residential uses. a. In accordance with Table 4.11-1, parking shall be provided at the ratio of two spaces/dwelling unit. All parking shall be located on the same lot or parcel as the residential use and within either the actual driveway itself, an accessory parking pad, under a carport or within an enclosed garage. Driveways shall terminate only in in front of a garage, within a carport, or within the interior side yard of the principal structure on the lot or parcel. b. Driveway Dimensions: The minimum and maximum dimensions shall be as specified below. 1. Standard Driveways: For properties located within a designated historic district, the minimum width for standard driveways shall be eight (8) feet and the maximum width ten (10) feet. For all other areas, the minimum driveway width shall be ten (10) feet and the maximum width twenty-four (24) feet. 2. Ribbon Driveways: Minimum width seven (7) feet, from outer edge to outer edge, and a maximum width of 10 (feet). Minimum width for vehicle tire tracks: two (2) feet. 3. Circular Driveways: Minimum width ten (10) feet and a maximum width of fourteen (14) feet. Minimum lot frontage of seventy-five (75) feet. 4. To accommodate vehicle turning movements into and from a property, driveway aprons may exceed the maximum driveway widths specified above, up to a maximum of three (3) feet on either side of the driveway. 5. Minimum Driveway Length and Setbacks: All driveway and/or parking pads shall extend for a minimum distance of 20 feet on the property, not including any portion of the driveway located within the right-of-way which serves as a connection to an adjacent street or alley. To account for the driveway apron flare, the portion of the driveway located within any right-of-way shall be setback a minimum distance of three (3) feet from any side lot line. 6. If the minimum amount of parking required will be accommodated through tandem parking in a single-car driveway, the driveway shall extend for a minimum distance of forty (40) feet. c. Surface Materials: Residential driveways and parking areas shall be constructed of asphalt, concrete, brick or ornamental pavers, crushed stone, rock, gravel or other similar materials and shall be maintained as a durable, dust free surface at all times. The use of crushed shell and other floatable materials such as wood chips, mulch or shredded rubber shall be prohibited. d. Curb Cuts: There shall be no more than one (1) driveway apron/curb cut, per lot or parcel, with the exception of circular driveways, driveways serving two-family dwellings constructed in a side-by-side configuration, and properties with access to an improved alley. e. Accessory Parking Pads: Within front and street side yards, a parking pad up to ten (10) feet in width may be constructed accessory to a legal, conforming driveway provided that the pad is located entirely within the property boundaries. f. Side Loaded Garages: Driveways serving side loaded garages shall provide a minimum of twenty-four feet (24) feet of maneuvering space for vehicle turning movements. g. Garage Conversions: Conversion of existing garages to other uses shall not be permitted if such a conversion reduces the amount of off-street parking available below the minimum amount required for all uses on the property. h. Non-Conformities: Non-conforming driveways and off-street parking areas constructed prior to the effective date of these standards shall be deemed legal, non-conforming structures and may be maintained and repaired provided that the extent or size of the nonconformity is not increased or intensified. Upon construction of a new single-family or two-family home, such driveways and parking areas shall be brought into conformance. i. ATTACHMENT “B”