HomeMy WebLinkAbout1996 05 13 Regular Item H
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COMMISSION AGENDA
ITEM H
ADD ON
REGULAR X
CONSENT
INFORMATIONAL
May 13. 1996
Meeting
MGR I!vp4 IDEPT~
Authorization
REQUEST: Land Management Division informing the Commission of possible citizen concerns
regarding the request of James Duke for a Small-Scale Amendment to the County
Comprehensive Plan (change the land use from Suburban Estates to Industrial and
rezoning from A-I to C-3), and related actions taken by City Staff, and other
related issues.
PURPOSE: The purpose of this Board Item is to inform the Commission of the possible citizen
concerns and the actions taken by Staff as it relates to the upcoming Seminole
County Local Planning AgencylPlanning & Zoning Commission and Board of
County Commissioners Meetings which will consider a request of James Duke for
a Small-Scale Amendment to the County Comprehensive Plan changing the land
use from Suburban Estates to Industrial, and rezoning from A-I to C-3 on
property located on SR 419. The purpose of this board item is also to have the
Commission provide policy direction related to issues that have surfaced regarding
the proposed land use change and rezoning.
ISSUE ANALYSIS:
A. Background:
On April 26, and May 2, 1996, the City Manager provided Seminole County with
letters of no objection to the request by Duke Properties for a small-scale
amendment provided that certain restrictions were applied to protect surrounding
property owners.
The letters of no objection were based upon an agreement executed by the past
City Manager agreeing to provide water, sewer and reclaimed water in return for
the property owner annexing the property into the City, and representations of
staff that the property was to be annexed as Commercial and Industrial uses.
These two (2) factors led the City Manager to believe that it was
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May 13, 1996
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the wish of the City Commission to support the proposed small-scale amendment.
Additionally, an analysis of surrounding land uses by the City staff indicates that the proposed
land use changes as restricted by the City Manager are the appropriate land uses for the property.
After the notice of the proposed amendment was published by the County, the City Manager was
made aware of citizen concerns regarding the proposal and that concerned citizens would appear
at the Commission Meeting scheduled for May 13, 1996.
In preparation of material to be provided to the City Commission in anticipation of this issue
arising at Monday's meeting, the City Manager discovered that the agreement had not been
ratified by the Commission as previously believed.
B. Chronology:
late-1994 - City inquired of Jim Lup, Commercial and Industrial Representative for Duke
Properties, the possibility of annexing this property into the City.
early-1995 - ongoing meetings between Jim Lup, City Manager, Utility Director and Land
Management Specialist on avenues to develop the property according to County standards and
Impact Fee Schedules prior to annexation
May 8. 1995 - City of Winter Springs and Duke Properties execute agreement to provide
water and sewer service to subject property prior to annexation
April 1996 - Meeting with Jim Lup, City Manager, Community Development Coordinator
and Land Management Specialist concerning Duke Small-Scale Amendment request
April 26. 1996 - City Manager Letter to County Manager offering no objection to Duke
request establishing certain conditions
April 30. 1996 - FAX from Jim Lup to City Manager informing the Manager of additional
information requested by County
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May 2. 1996 - City Manager Letter to County Manager replying to April 30, 1996 FAX
May 6. 1996 - Seminole County Notice of Public Hearing on Duke request
C. ISSUES: The following five (5) issues need to be addressed relating to the proposed
plan amendment.
Issue #1 - Based upon technical analysis and merits of the proposal, does the Staff find the
proposed land use changes for the property to be consistent with the City's Comprehensive Plan?
a) Applicable Law: Chapter 163 Florida Statutes
Rule 9J-5 Florida Administrative Code
City Comprehensive Plan
b) Location: This property is bounded on the east by SR 419, on the west by the
Highlands PUD (includes Shepard Road to the immediate west of the property and the City
Utility Department percolation ponds), on the south by Fausnight businesses, and on the north by
vacant property. This property is not located within the corporate boundaries of the City.
c) Surrounding Land Uses:
East (County) - Suburban Estates and Industrial (Zoning A-I and M-l)
South (City) - Industrial (Zoning C-2)
Southeast (County) - Industrial
West (City) - Lower Density Residential and Utility Installations (Zoning PUD)
North (County) - Conservation (Zoning A-I)
d) County Designated Land Use for Subject Property - Lots 4, 5 and 6 have an existing
Land Use of Industrial. Lots 7-17 have an existing Land Use of Suburban Estates.
e) Existing Buffering - There are approximately five (5) lots located in HigWands Section
7 & 8, to the immediate west of the northern portion of the subject property. These are separated
from the western edge of the subject property by an approximate twenty five (25) foot wide track,
the sixty (60) foot right of way for Shepard Road, and an additional four (4) foot area between
Shepard Road and the subject property. To, the south, in Highland Lake Phase 2, the two (2)
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May 13, ] 996
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northeastern lots will be affected. These are separated from the subject property by the sixty (60)
foot right of way of Shepard Road. The remainder of the subdivision to the south is separated
from the Fausnight businesses by the sixty (6) foot right of way of Shepard Road.
f) Comprehensive Plan Compatibility - Compatible with the majority of the land uses in the
adjacent area. 9J-5.003(25) reads: "Compatibility" means a condition in which land uses or
conditions can coexist in relative proximity to each other in a stable fashion over time such that no
use or condition is unduly negatively impacted directly or indirectly by another use or condition.
Based upon existing surrounding land uses, the appropriate City Zoning would be C-2. This
zoning category is equivalent to the County's C-3 zoning. The applicant is requesting County C-3
zoning. Therefore, the applicant's proposed small-scale comprehensive plan amendment is
compatible with the existing land use pattern in the immediate area.
Under current City C-2 zoning, the maximum height limitation is fifty (50) feet. This could be
detrimental to the adjacent residential area. County C-3 zoning maximum height limitation is
thirty five (35) feet. The staff recommends that the County thirty five (35) foot height limitation
be included in the covenants and restriction and be a Special Condition of City zoning if the
subject property is annexed into the City prior to development.
g) Special Provisions: The City, through the Intergovernmental Coordination portion
of all Comprehensive Plans, has requested the opportunity to review and comment on all site
plans/engineering plans submitted to the County as it relates to this property to ensure that City
standards are applied to all development. Based upon staff analysis, the following conditions are
needed to be consistent with City standards. The City has requested that there be established
covenants and restrictions for the subject property which will address such items as landscaping,
architectural standards, funding for road and stormwater management maintenance, etc. The City
has also requested of Duke Properties, to which they agreed, that a six (6) foot wall be
constructed to the rear of the properties bordering residential homes, above and beyond the
landscape/natural buffer area required by the County.
Based upon the merits of the proposal, the staff concludes the proposal to be
consistent with the City's Comprehensive Plan provided restrictions and conditions
recommended to protect surrounding property owners are applies.
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Issue #2 - Does the Commission concur with the staffs analysis concluding the proposed
amendment to be consistent with the City's Comprehensive Plan?
There are three (3) alternatives to this issue as follows:
a) Yes
b) No. Ifthe Commission does not agree with the staff's conclusion, the
Commission would need to articulate the reasons supporting the findings of
non-compliance with the comprehensive plan so that these findings can be incorporated
into the record.
c) Yes, with additional restrictions and conditions the Commission deems
lawful and appropriate.
Issue #3 - Does the Commission desire to provide its comments to the County regarding the
proposed land use amendment?
State Rule 91-5.015 and all Comprehensive Plans require intergovernmental
coordination on Comprehensive Plan changes that affect other governments.
There are two (2) alternatives:
a) Provide the County with the City comments.
b) Do nothing. Doing nothing would not be consistent with Rule 9J-5 and all
governmental Comprehensive Plans.
Issue #4 - What policy does the commission desire to adopt relative to future governmental
coordination responses to other governments regarding land use changes?
As stated above, Rule 91-5.015 and all Comprehensive Plans require intergovernmental
coordination with other governments on proposed land use changes.
This can be accomplished in two (2) ways as follows:
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a) The Commission can authorize the City Manager to communicate the City's
response based upon the technical merits of the proposal.
b) The Commission can direct the City Manager to file all intergovernmental
coordination responses with the Commission for ratification prior to responding to other
governmental units.
Issue #5 - Is the agreement executed on behalf of the City by the previous City Manager a
legal and binding agreement, and if not, does the Commission desire to ratify the agreement?
The City Attorney has advised that the agreement executed on behalf of the City by the
previous City Manager is not a binding agreement until such time that it is ratified by the
Commission.
There are three (3) alternatives as follows:
a) The Commission can ratify the agreement as is. This would result in the City
not receiving City Impact Fees, but gaining higher tax ratable property on the City tax rolls
and new customers for the City Water and Sewer Utility Department.
b) The Commission can take no action, the effect of which would be to render the
agreement null and void. This could result in the developer pursuing water and sewer
through the County utility resulting in the City Utility losing potential customers, the
developer being unwilling to annex into the City, and the City losing its ability to exercise
control over the project.
c) The Commission could ratify the agreement with amendments it deems
appropriate to protect the surrounding property owners.
FUNDING: No funds are required for this item.
RECOMMENDA TIONS:
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May 13, 1996
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I) The Commission find the staff analysis of the proposed small scale amendment to be
consistent with the Comprehensive Plan, and provide any additional restriction or conditions
deemed appropriate.
2) The Commission direct staff to provide the County with the Commission findings.
3) The Commission adopt the policy that all intergovernmental responses be ratified by
the Commission prior to response to the affected governmental agencies by staff
4) The Commission ratify the agreement executed on behalf of the City by the previous
City Manager with Duke properties with any amendments it deems appropriate.
IMPLEMENTA TION:
The recommendation of the Commission will be implemented immediately following the
action of the Commission.
ATTACHMENTS:
May 6, 1996 - Seminole County Notice of Public Hearing on Duke request
May 2, 1996 - City Manager Letter to County Manager replying to April 30, 1996 FAX
April 30, 1996 - FAX from Jim Lup to City Manager informing the Manager of additional
information requested by County
April 30, 1996 - City Manager Letter to County Manager offering no objection to Duke
request establishing certain conditions
Chapter 5 (County Zoning Regulations) addressing C-3, C-2 and C-1 Zoning
City of Winter Springs C-2 and C-1 Zoning (uses allowed)
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May 8, 1995 - Agreement between City and Duke Properties
COMMISSION ACTION:
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NOTICE OF PUBLIC HEARING
SEMINOLE COUNTY LOCAL PLANNING AGENCY/
PLANNING & ZONING COMMISSION
AND
BOARD OF COUNTY COMMISSIONERS
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This notice Is being sent to you as a property owner within 300 feet of the subject property depicted on the
map below.
APPLICANT:
FILE NUMBER:
REQUEST:
JAMES N. DUKE
06-96SS.1; PZ96-07
COMPREHENSIVE PLAN AMENDMENT FROM SUBURBAN
ESTATES TO INDUSTRIAL, AND REZONING FROM A-1 TO C-3
COMMISSIONER DISTRICT: #2 (MORRIS)
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The Seminole County Local Planning Agency/Planning and Zoning Commission (LPNP&Z) will conduct a
public hearing to receive public input and make recommendations to the Seminole County Board of
County Commissioners (BCC) on this requested Small-Scale Amendment to the County Comprehensive
Plan and associated rezoning. The LPNP&Z hearing will be held on June 5.1996, beginning at 7:00 P.M.,
or as soon thereafter as possible, in the County SeNices Building, 1101 East First Street, Sanford, Florida,
32771, Room 1028 (Board Chambers).
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The BCC will conduct a public hearing on the request to receive public input, consider LPNP&Z
recommendations and to take Board action. The BCC hearing will be held on Julv 23, 1996, beginning at
7:00 P.M., or as soon as possible, at the above address. These hearings may be continued from time to
time as deemed necessary by the LPNP&Z or BCC.
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Persons are encouraged to participate in thIs process and to submit oral and/or written comments
regarding this item at the public hearings, or to the above address, c/o Current Planning Office. If you
have any questions, please contact the Current Planning Office between the hours of 8:00 A.M. and 5:00
P.M., Monday through Friday, excluding holidays, at the above address or telephone (407)321-1130,
extension 7430.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the
Employee Relations Department ADA Coordinator 48 hours in advance of the meeting at (407)321-1130,
extension 7941.
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Persons are advised that if they wish to appeal any decision made at this meeting, they will need a record
of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is
make, which record includes the testimony and evidence upon which the appeal is to be based, per
Section 286.0105, Florida Statutes.
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Ronald W. McLemore
City Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
May 2, 1996
Mr. Ron Rabun, County Manager
Seminole County Government
1101 East First Street
Sanford, FL 32771
Re: City of Winter Springs Letter dated April 26, 1996, Addendum to
Subj: Duke Plan AmendmentlRezone DR No 170-96/1 72-96
Dear Ron:
The City of Winter Springs does not oppose C-3 Zoning on the part of the subject
property abutting the existing residentially zoned area.
In addition to the conditions listed in the letter of April 26, 1996, the following condition
should apply:
1) that the applicant acknowledges that C-3 Zoning will require compliance to
those restrictions that govern development adjacent to residentially zoned property.
2) that the applicant will include the covenants and restrictions for lots 12-17, a
prohibition of the following uses:
a) contractor's equipment-storage yards.
b) lumber yards.
c) mechanical garages, bus, cab and truck repair, and storage.
d) paint and body shop.
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May 2, 1996
Duke Plan Amendment
Page # 2
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3) that the applicant will include in the covenants and restrictions for the entire
property a prohibition of the following uses:
a) junk yards.
b) lumber yards (excluding those of a retail nature, such as Scotty's, where
lumber is not the primary business).
c) flea markets.
Thank you very much for your attention to this matter. Please contact me at your
convenience if I can be of further assistance.
Sincerely,
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Ronald W. McLemore
City Manager
RWM/jp
cc: Anthony Vanderworp. Director. Planning Department
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APR 3 0 1996J
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Date
April 30,.1996
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Ron McLemore, City Manager '
City or Winter Springs, Florida
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CITY OF WINTER SPRINGS
City Manager
Pages
To
Fax phone
-327-6912
From
Jim Lup
Subject
DUKE PLAN AMENDMENT/REZONE DR NO. 170-96/172-96
SEMINOLE COUNTY
Dear Ron,
Today, my Planner and I had a meeting with the staff of seminole
County regarding the above referenced subject matter.
seminole County staff indicated that they will support our request,
but needed another letter from you clarifying one item. Although
they do have your last letter dated April 26, 1996, they would like
another letter from you indicating that the city does not oppose
C-3 zoning on that part of the subject property adjacent to
existing residential as long as the following conditions are met:
1. that the applicant acknowledges that C-3 zoning will require
compliance to certain conditions in the code for C-3 zoning
pertaining to setbacks, buffers, walls, etc. that are required for
development adjacent to residentially zoned property; and
2(a). that the applicant will include in his Restrictive Covenants
that the following uses not be permitted on lots 12 - 17 of the
property: Contractor's equipment-storage yards, lumber yards,
mechanical garages, bus, cab and truck repair, and storage, and
paint and body shops; and, (b) the following uses not be permitted
anywhere on the property: junk yards, lumber yards (excluding those
of a retail nature, such as Scotty's, where lumber is not the
primary business), and flee markets.
As always, thank you for your help with this matter. please do not
hesitate to call me if you have any questions,
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AGREEMENT
THIS AGREEMENT entered into the K day of ijfl, 1995, by and between the City of
Winter Springs, Florida (hereinaller referred to as "CITY") and James N. Duke, Trustee (hereinaller
referred to as "DUKE").
WHEREAS, DUKE has entered into a Contract for Sale and Purchase dated Scptember 23.
12..2.1, with APAC-F1orida.1nc..JLDelawa~, as Seller (the "Contmct"), for the purchase
of certain real property situaled in Seminole COUllty, Florida and more particularly described in
Exhibit "A" atlached hereto (the "Propcrty"); and,
WHEREAS, DUKE desires to eventually annex the Property into the City of Winter
Springs, Florida; and,
WHEREAS, CITY is desirous of considering DUKE's requcst for annexation into Ihe CITY
at the appropriate tiine; and,
WHEREAS, DUKE must first obtain building permits and develop the Property in
accordance with the applicable codes and regulations of Seminole Counly, Florida (the "County")
prior to annexation into the CITY.
NOW THEREFORE, FOR AND IN CONSIDERATION OF TilE MUTUAL
PROMISES HEREIN MADE AND FOR OTIIER GOOD AND VALUABLE
CONSIDERATION, TIlE RECEIPT AND SUFFICIENCY OF WIIICII IS HEREBY
CONVEYED, TIlE PARTIES HERETO DO COVENANT, STIPULATE AND AGREE AS
FOLLOWS:
I. DUKE agrees to allow the CITY, at any time and at no cost to DUKE, to
administratively annex into Ule CITY the Property or any porlion or portions of the Property which
has been fully developed (i.e., all permits have been issued, the construction of the building has
been completed and a Certificate of Occupancy ("e.0.") for that particular parcel and building has
been issued from the County). Any undeveloped portions of the Property (i.e., vacant land) shall
continue to remain a part of the County unlil such time as the same has been fully developed as set
forth above. The parties agree, however, that if DUKE docs not acquire the Property and the
Contract is terminated, then and in that event, this Agreement shall temlinate and be of no further
force and erfect.
2. CITY agrees to provide metered potable water, sanitary sewer and reclaimed water
to the Property in order for DUKE to obtain building permits and develop the Property in accordance
with the applicable codes and regulations of Seminole County, florida.
3. DUKE will pay for the cost of the CITY to connect the Properly to its utility lines
as well as the cost of potable water from the metered line.
4. DUKE agrees to hold the CITY, its officers, ngents nnd assigns, harmless from any
and all liability and/or claims, and/or judgements, including but not limited to the costs of defense
and ntlomeys fees incurred in the defense thereof, including any nppeals Ulerefrom, thatmny be filed
as a result ofthe CITY either connecting it~ ~tility-jiJ;~s't~-the Property and/or providing potable and
reclaimed water to the Property and/or this Agreement and/or any reason arising therefrom.
. . 5:'. -. Tili~ Agrce;~~~nt shallb'e binding and inure UPOil audIo .tl;c be'n~fit ~t DUKE and the
CrtVand ailY party having an Interest in Ule Property, and their respective successors and assigns.
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N...DUKE, TRU TEE
Date: -.J;/2;/<
cc: Public Works/Utility Director
Land Management Specialist
City Clerk
file
CITY OF WI TER SPRJN~, FLOIUDA
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Date: ?{ Hit Y 19'9'5-
SKU eft ur UESClU f' IlUH rUI( J I ~\ f{. LUP
::~,)EI'1IHOLE COUNTY, FLORIDA ()
DE SCR I PTI ON ".,'
.11 of that Part of Tracts 4 through 17 of OVIEDO FARMS, according to the Plat thereof as
recorded in Plat Book 6, Page 86 of the Public Records of Seminole County, Florida, lying
Westerly of the existing West Right-of-Way of State Road 419, containing 13.01 Acres more
or less.
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SURVEYOR'S NOTES:
1. Sketch of description only; not a survey.
2. Overal) description furnished by client.
PREPARED BY:
9 SEPT 94
. R. L. ROBERTS, P.L.S.
Florida Registration No.
ROBERTS SURVEYING ~
MAPPING, INC.
185 N. COUNTRY
LAKE MARY,' Fl.
(407) 322-2213
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EXHIBIT "1\"
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9 20-208
WINTER SPRINGS CODE
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Sec. 20-208. Conditional uses.
(a) Conditional uses within R-3 Multiple-Family
Dwelling Districts are the same as for R-1AAA,
R-1AA, R-1A and R-1 Single-Family Dwelling
Districts.
(b) Before a conditional use may be granted
within the classification, the board of adjustment
must, after public hearings, find that the use or
uses are consistent with the general zoning plan
and with the public interest.
(Ord. No. 44, S 44.45.3, 1-8-68; Ord. No. 68, S XII,
11-29-71; Ord. No. 240, 97,5-26-81)
Sec. 20-209. Building height regulations.
In R-3 Multiple-Family Dwelling Districts, build-
ing heights shall not be higher than forty-five
(45) feet.
(Ord. No. 44, S 44.45.4,1-8-68; Ord. No. 68, S XIII,
11-29-71)
Sec. 20-210. Building area regulations.
The multiple-family dwelling structures included
within the R-3 zoning classification shall not con-
sist of more than sixteen (16) units per acre.
(Ord. No. 44, S 44.45.5,1-8-68; Ord. No. 68,9 XIV,
11-29-71)
Sec. 20-211. Front, rear and side yard regu-
lations.
The following yard regulations shall apply in
the R-3 Multiple-Family Dwelling Districts:
(1) Front yard. The front yard shall not be less
than twenty-five (25) feet in depth.
(2) Rear yard. The rear yard shall not be less
than thirty-five (35) feet in depth.
(3) S ide yard. The side yard shall not be less
than ten (10) feet in width.
(4) Corner lots. The front yard setback regula-
tion shall control when the building is lo-
cated on more than one (1) street.
(Ord. No. 44, 944.45.6, 1-8-68; Ord. No. 68, 9 XV,
11-29-71)
Sec. 20-212. Lot coverage.
Seventy-five (75) percent of the lot area is the
maximum which may be covered by the principal
and accessory buildings or structures located within
the R-3 Multiple-Family Dwelling Districts.
(Ord. No. 44, S 44.45.7, 1-8-68; Ord. No. 68, S XVI,
11-29-71)
Sec. 20-213. Off-street parking regulations.
All parking within the R-3 Multiple-Family Dwell-
ing District shall be provided in an off-street park-
ing lot, which shall accommodate at least two (2)
parking spaces for each unit located within the
multiple-family dwelling structure.
(Ord. No. 44, S 44.45.8, 1-8-68; Ord. No. 68, 9
XVII, 11-29-71)
Sees. 20-214-20-230. Reserved.
DIVISION 7. C-1 NEIGHBORHOOD
COMMERCIAL DISTRICTS
Sec. 20-231. In general.
The C-1 Neighborhood Commercial District con-
sists of lands abutting certain principal streets,.
. the frontages of which are especially adaptable to
selected low-traffic-generating uses. Adjoining these
lands are residential districts that would be ad-
versely affected by a greater diversification of
uses creating serious problems of traffic movement
and generation. The district is designed to pro-
mote spaciousness of land use.
(Ord. No. 44, S 44.46, 1-8-68)
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Sec. 20-232. Uses permitted.
(a) Within any C-1 Neighborhood Commercial
District, no building, structure, land or water shall
be used except for one (1) or more of the following
uses:
(1) Administrative public buildings;
(2) Advertising agencies;
(3) Alcoholic beverage sales (package); .
(4) Alcoholic beverage on-premises consumption;
(5) Alterations and tailoring;
(6) Antique and gift shop;
t. .
1212
.
.
#
~ 20-232
,
WINTER SPRINGS CODE
\'~:.~ 'c)'
(67) Schools, public, private and parochial, ser-
vice vocational schools (such as cosmetolo-
gy, medical and dental assistant's training)
requiring no mechanical equipment;
(68) Shoe repair shops;
(69) Skating rinks;
(70) Sporting goods, retail;
(71; Swimming pools; sales, service and supplies;
(72) Tailoring shops;
(73) Taxidermists;
(74) Telephone business office and exchanges;
(75) Theaters, not drive-ins;
(76) Title companies;
(77) Tobacco shops;
(78) Toy stores;
(79) Travel agencies;
(80) Wearing apparel stores;
(81) Any other retail store or business enter-
prise not listed under any other zoning clas-
sification that in the judgment of the board
of adjustment is consistent with those in-
cluded above, and further, that will be in
harmony with the spirit of this chapter.
(b) Outdoor display and/or sales are prohibited
except by special exception.
COrd. No. 44, ~ 44.47, 1-8-68; Ord. No. 264, ~ 1,
7 -13-82)
Sec. 20-233. Nonconforming uses.
(a) The lawful use of a building or structure
existing at the time of the passage of this chapter
may be continued, although such use does not
conform to the provisions of this chapter; and
such use may be extended throughout the build-
ing provided no structural alterations, except those
required by law or ordinance, or ordered by an
authorized officer to ensure the safety of the build-
ing, are made therein. No such use shall be ex-
tended to occupy any land outside such building.
If such nonconforming building is removed or the
nonconforming use of such building is discontinued
for a continuous period of not less than three
. "..
hundred sixty-five (365) days, every future use of
such premises shall. be in conformity with the
provisions of this chapter.
(b) The lawful use of the land existing at the
time of the passage of this chapter may be con-
tinued; provided, however, that no such noncon-
forming use may be extended to occupy a greater
area of land than that occupied by such use at the
time of the passage of this chapter. If such non-
conforming use is discontinued for a continuous
period of not less than three hundred sixty-five
(365) days, any future use of such land shall be in
conformity with the provisions of this chapter.
(c) Whenever a nonconforming use of a build-
ing or land has been discontinued.or changed to a
conforming use, such use shall not thereafter be
changed to a nonconforming use.
(Ord. No. 44, S 44.47.1, 1-8-68; Ord. No. 264, 9 1,
7 -13-82)
Sec. 20-234. Conditional uses.
(a) Multiple-family residential units may be per-
mitted as conditional uses as provided by the board
of adjustment. .
(b) Before a conditional use may be granted
within the classification, the board of adjustment
must, after public hearings, find that the use or
uses are consistent with the general zoning and
with the public interest.
(Ord. No. 44, S 44.48, 1-8-68; Ord. No. 240, 9 8,
5-26-81)
c
Sec. 20-235. Building height regulations.
In C-1 Neighborhood Commercial Districts, the
building height shall not exceed fifty (50) feet.
(Ord. No. 44, 9 44.49, 1-8-68)
Sec. 20-236. Building site area regulations.
In C-1 Neighborhood Commercial Districts, the
building site area regulations are none.
(Ord. No. 44, 9 44.50, 1-8-68)
Sec. 20-237. Front, rear and side yard regu-
lations.
(a) Front yard. A front yard or setback of at
least fifteen (15) feet shall be provided, except
,
{:.:.....: ~
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1214
/,
. .#
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ZONING
however, that when the frontage in one (1) block
is located partly in C-l Neighborhood Commer-
cial Districts and partly in a residential or multiple-
dwelling district, then the front yard requirements
of the residential district or multiple-dwelling dis-
trict shall apply to the C-l Neighborhood Com-
mercial Districts.
(b) Side yard. None required except on that
side of the lot abutting upon the side of a lot
zoned for residence-purposes, in which case there
shall be a side yard of not less than thirty (30)
feet. In all other cases a side yard, if provided,
shall not be less than three (3) feet.
(Ord. No. 44, ~ 44.51,1-8-68)
Sec. 20-238. Off-street parking regulations.
Section 9-276 et seq. as to off-street parking
regulations in C-l Neighborhood Commercial Dis-
tricts shall apply.
(Ord. No. 44, ~ 44.52, 1-8-68)
Sees. 20-239-20-250. Reserved.
DIVISION 8. C-2 GENERAL COMMERCIAL
AND INDUSTRIAL DISTRICTS
Sec. 20-251. In general.
The lands of the C-2 General Commercial and
Industrial Districts are to be used by a variety of
commercial and industrial operations. The pur-
pose of this district is to permit the normal opera-
tion of the majority of industrial uses under such
conditions of operation as will protect abutting
residential and commercial uses and abide by the
performance standards of the county, the state
and U.S. government.
(Ord. No. 44, S 44.53, 1-8-68)
Sec. 20-252. Uses permitted.
Within C-2 General Commercial and Industrial
Districts, no building, structure, land or water
shall be used except for one (1) or more of the
following uses:
(1) Any use permitted in C-1 Neighborhood
Commercial Districts;
(2) Automotive body repairing and painting;
~ 20-252
(3) Automotive glass, vinyl tops and seat covers;
(4) Automotive sales and service;
(5) Automotive renting and leasing;
(6) Automotive tires;
(7) Baker, wholesale;
(8) Boats, sales and service;
(9) Bottling and distribution plants;
(10) Building and plumbing supplies;
(11) Bus terminal;
(12) Cabinetmakers;
(13) Clothing manufacturing;
(14) Cold storage and frozen food lockers;
(15) Contractors' equipment, storage yards;
(16) Convenience markets and stores;
(17) Drive-in theaters;
(18) Feed stores;
(19) Flea markets, open air;
(20) Gas, bottled;
(21) Grocers, wholesale;
(22) Ice, wholesale;
(23) Industrial trade and vocational schools;
(24) Junkyards;
(25) Kennels;
(26) Laboratories for testing materials and chemi-
cal analysis;
(27) Lumber and building supplies;
(28) Manufacturing and assembly of scientific
and optical precision instruments;
(29) Mobile homes, sales and service;
(30) Movers;
(31) Nurseries, plants, trees; wholesale;
(32) Outdoor advertising signs equipment;
(33) Pest control (exterminating);
(34) Printers, commercial;
1215
..,r
.-
'l 'I.
~ 20.252
WINTER SPRINGS CODE
(35) Public maintenance buildings;
(36) Recreational vehicles;
(37) Roofing;
(38) Sheet metal shops;
(39) Swimming pool contractors, equipment
storage;
(40) Taxicabs;
(41) Warehotlses,;
(42) Wholesale meat and produce distributors.
(Ord. No. 44, 9 44.54, 1-8-68; Ord. No. 265, 9 1,
7 -13-82)
Sec. 20-253. Building site area regulations.
No building or structure .shallexceed fifty '(50)
feet in height.
(Ord. No. 44, 9 44.55, 1-8-68)
Sees. 20-254-20-265. Reserved.
DIVISION 9. R.U RURAL URBAl'l'
DWELLING DISTRICTS
.-::. 'I(!
Sec. 20-266. In general.
The lands included within the R-U Rural Urban
Dwelling Districts are those developed or used
predominantly for agricultural purposes and gov-
ernment or public service facilities with single-
family dwellings as the primary residential use.
The sites are intended to be those which would
normally have large tracts of land adjacent or
contiguous to residential locations.
(Ord. No. 44, 9 44.56, 1-8-68)
Sec. 20-267. Uses permitted.
Within any R-D Rural Urban Dwelling District,
no building, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Forests, groves, farms and truck garden-
ing, including usual farm building struc-
tures and livestock;
(2) Nurseries and greenhouses;
(3) Public recreation areas and facilities;
(4) Private clubs, including golf courses and
recreational uses; except skeet and gun clubs
or commercial amusement enterprises op-
erated entirely for private profit;
(5) Public schools and private educational in-
stitutions having a curriculum the same as
ordinarily given in public schools. Other
schools not having a curriculum may be
operated, provided a permit therefor is first
obtained from the board of adjustment;
(6) Home occupations;
(7) Single-family dwellings, but a building permit
for such dwelling shall not be issued until
th~re shall be filed with the building offi-
cial, a certificate signed by the plumbing
inspector, attesting that the lot upon which
the dwelling structure is to be erected, has
a satisfactory minimum standard of im-
provements;
(8) Accessory buildings and uses customarily
incident to the above uses not involving
the conduct of a business;
(9) Commercial riding stables and commercial
dog kennels, when located on a tract of
land of not less than five (5) acres and pro-
vided that no structure, pen or corral hous-
ing animals shall be closer than two hun-
dred (200) feet from any property line;
(10) Roadside stands offering for sale only prod-
ucts which are produced on the premises,
provided such structure is set back at least
thirty-five (35) feet from the front or side-
line of the property.
(Ord. No. 44, 9 44.57, 1-8-68)
f
~;:.
Sec. 20-268. Conditional uses.
(a) There shall be no conditional use within
R-U Rural Urban Dwelling Districts except the
following:
(1) Churches with their attendant educational
buildings and recreational facilities;
(2) Public utilities and public service structures;
(3) Commercial amusement enterprises oper.
ated entirely for private profit;
(4) Government service facilities.
(b) Before a conditional use may be granted
within the classification, the board of adjustment
1216
..
Chapter 5
ZONING REGULATIONS
ARTICLE XXX
C-l IlKTAIL COMMERCIAL DISTRICT
Sec. 5.581 Description of district. This district is composed of lands
and structures used primarily to provide for the retailing of commodities
and furnishing selected services. The regulations with it intend to
permit and encourage a full development of essential commercial uses; at
the same time, however, protecting nearby residential properties from any
possible adverse effects of commercial activity. It is expected that
most commercial uses in this district will occur as planned shopping
centers.
Sec. 5.582 Per.itted uses.
(a)
9-1-81).
Any use permitted In the CS District. (~12, Ord. No. 81-59,
(b)
building.
Amusement and commercial recreation within an enclosed
(c) Appliance stores.
(d) Bakeries, where all goods are sold on premlses at retail.
(e) Banks.
(f) Churches.
(g) Day nurseries, kindergartens.
(h) Employment agencies.
(i) Funeral homes.
(j) Furniture stores.
(k) Hardware stores.
(1) Launderettes and laundromats.
em) Pet stores.
Supplement No. 12
5-201
, .
LAND DEVELOPMENT CODE
(n) Plant nurserles.
(0) Private clubs and lodges.
(p) Quick print shops.
(q) Radio and television broadcasting studios, excluding towers.
(r) Radio and television sales and serVlce.
(s) Restaurants, but not drive-in.
(t)
Theatres, but not drive-in.
(9 10, Ord. No. 8l-67, lO-27-
81).
Sec. 5.583 Conditional uses.
(a)
Alcoholic beverage establishments.
(b) Public utility structures.
(c) Gasoline pumps as an accessory use.
(d) Living quarters, in conjunction with a commercial use, to be
occupied by the owner or operator of the business or an employee.
(e)
Hospitals and nursing homes.
(9 11, Ord. No. 81-67, 10-27-
81).
Sec. 5.584 General provisions and exceptions. In any C-1 Retai 1
Commercial District, no outside storage of parts, supplies, or materials
shall be permitted.
Sec. 5.585 Building height. No building or structure may exceed thirty-
five (35) feet in height unless otherwise provided for herein.
...~.",' .,
.. .~,.-
Sec. 5.586 Building site area requirements.
area required; however, adequate space wi 11 be
parking, loading, and landscaping requirements.
No minimum building site
provided for off-street
Supplement No. 12
5-202
.-
. ':;,
-.
ZONING REGULATIONS
Sec. 5.587 Front. side and rear yard requirements.
(a) All buildings and structures shall be set back a minimum of
twenty-five (25) feet from front property lines and all side property
lines abutting a road right-of-way.
(b) Side yard setback may be reduced to zero (0) feet unless side
of lot abuts a residential district, then all structures shall be set
back a minimum of thirty (30) feet. A minimum of ten (10) feet abutting
the residential property line shall be maintained as a landscaped buffer
yard.
(c) Rear yard setback shall be a minimum of ten (10) feet, except
where rear lot line abuts a residential district, then all structures
shall be set back a minimum of thirty (30) feet. A minimum of ten (10)
feet abutting the residential property line shall be maintained as a
landscaped buffer yard.
Sec. 5.588 Buffer yard abutting residential properties. Where a C-1
parcel abuts a lot zoned exclusively for residential, with or without an
intervening alley, then, at the time of deve lopment of the parce 1, a
landscaped buffer shall be provided along rear or side lot lines, said
buffer to be at least ten (10) feet wide at right angles to the lot line
and established along the entire length of and contiguous to lot lines.
(a) Buffer Design. The landscape buffer shall be designed,
planted, and maintained as to be seventy-five percent (75%) or more
opaque between two (2) feet and six (6) feet above average lot grade.
Protection from vehicle encroachment by the use of curbing or wheel stops
shall be provided.
(b) Buffer Plantings. Plantings shall be of the speCLes and of
the size and type which will insure meeting the seventy-five percent
(75%) opacity requirement no longer than twelve (12) months after first
planting.
(c) Substitution Within Buffer Area. A decorative opaque
structure at least six (6) feet high may be substituted to meet the
seventy-five percent (75%) opaci ty requi rement. Where a s true ture LS
ut i I ized, a hedge not less than 2.5 feet in he igh t at time of plant ing
shall be provided along the length of the wall.
Supplement No. 12
5-203
c.
, .
LAND DEVELOPMENT CODE
(d) Trees Within Buffer Area. For every twenty-five (25) feet,
or fraction thereof, one (1) tree, at least six (6) feet high and minimum
of one and one-half (1 1/2) inches in caliper at time of planting, shall
be provided within a buffer area. Where palm trees are used they shall
be planted in groups of at least three (3) for each fifty (50) feet of
buffer yards and shall not exceed fifty percent (50%) of the required
trees.
(e) Conflict. Where the Zoning Regulations or other ordinances
impose different requirements, the more restrictive will govern.
-
Sec. 5.589 Off-street parking, loading and landscaping require.ents.
See Article XLVIII.
Sec. 5.590 Perforaance standards. See Article L.
Secs. 5.591 - 5.600
Reserved.
Supplement No. 12
5-204
[The next page 1S 5-207]
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Chapter 5
ZONING "REGULATIONS
ARTIcLE XXXI
C-2 RETAIL COMMERCIAL DISTRICT
Sec. 5.601 Description of district.
and structures used primarily to
accommodations to the motorist. It
not necessarily seek independent
thoroughfares.
This district is composed of lands
provide services, supplies, and
is comprised of businesses that do
locations generally along major
Sec. 5.602 Pe~tted uses.
(a) Any use permitted 1n the C-l District.
(b) Amusement and recreational facilities.
(c) Building and plumbing supplies.
(d) Car wash.
(e) Furniture warehouse with retail sales.
(f) Hotels and motels.
(g) Marine sales and service.
(h) Mobile home and recreational vehicle sales.
(i) Outdoor advertising slgns.
(j) Parking garages.
. ~
(k) Printing and book binding shops.
(1) Automobile sales with no repair facilities.
(m) Veterinary hospitals and kennels.
Supplement No. 12
5-207
, ,
LAND DEVELOPMENT CODE
Sec. 5.603 Conditional uses.
(a) 'Alcoholic beverage establishments.
(b) Contractors establishments with no outside storage.
(c) Drive-in restaurant.
(d) Drive-in theatres.
(e) Flea markets - open a~r.
(f) Living quarters in conjunction with a commercial use, to be
occupied by the owner or operator of the business or an employee.
. .~: ,_OR,
(g)
Lumber yards.
;....: ;'
(h) Mechanical garages.
(i) Paint and body shops.
(j) Public utility structures.
(k) Service stations and gas pumps as an accessory use.
(1)
5-12-81).
Adu 1 t entertainment es tab 1 i shment.
o 9, Ord. No. 81-26,
(m) Hospitals and nurHng homes. C9 12, Ord. No. 81-67, 10-27-
81).
Sec. 5.604 General provisions and exceptions. In any
Commercial Distric t, outs ide storage of parts, supplies or
shall be permitted only in an enclosed or fenced area.
C-2 Retail
materials
~- -:,;:--:
Sec. 5.605 Building height. No building or structure may exceed thirty-
five (35) feet in height unless otherwise provided for herein.
Sec. 5.606 Building site area requirements.
area required; however, adequate space wi 11 be
parking, loading, and landscaping requirements.
No minimum bui lding site
for required off-street
Supplement No. 12
5-208
:.
. .
..
.....
ZONING REGULATIONS
Sec. 5.607 Front. side and rear yard require.ents.
(a) All buildings and structures shall be set back a minimum of
twenty-five (25) feet from front property lines and all side property
lines abutting street or road right-ai-way.
(b) Side yard setback may be reduced to zero (0) feet unless side
of lot abuts a residential district, then all structures shall be set
back a minimum of thirty (30) feet. A minimum of ten (10) feet abutting
the residential property line shall be maintained as a landscaped buffer
yard.
~ ,..-:,,,,-~
(c) Rear yard setback shall be a m1n1mum of ten (10) feet except
where rear lot 1in~ abuts a Residential District, then all structures
shall be set back ~ minimum of thirty (30) feet, a minimum of ten (10)
feet abutting the residential property line shall be maintained as a
landscaped buffer y~rd.
." '.- '.
.._,:~::..:~':'.o:::
_J ."
" .~
Sec. 5.608 Buffer yard abutting residential properties. Where a C-2
parcel abuts a lot zoned exclusively for residential, with or without an
intervening alley, then, at the time of deve lopment of the parce 1, a
landscaped buffer shall be provided along rear or side lot lines, said
buffer to be at least ten (10) feet wide at right angles to the lot line
and established along the entire length of and contiguous to lot lines.
_ (a) Buffer Design. The landscape buffer shall be designed,
planted, and maintained as to be seventy-five percent (75%) or more
opaque between two (2) feet and six (6) feet above average lot grade.
Protection from vehicle encroachment by the use of curbing or wheel stops
shall be provided.
...'"
:,.:-::":,;a..,
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.'.-' .::..~:: '.
.::tt ;~ ~'j~-~
..
(b) Buffer Plantings. Plantings shall be of the species and of
the size and type which will insure meeting the seventy-five percent
(75%) opacity requirement no longer than twelve (12) months after first
planting.
(c) Substitution Within Buffer Area. A decorative opaqUE
structure at least six (6) feet high may be substituted to meet thE
seventy-five percent (570) opacity requirement. Where a structure i:
utilized, a hedge not less than 2.5 feet in height at time of plantin;
shall be provided along the length of the wall.
Supplement No. 12
5-209
..... .... ~ .,
,'"J .:.:
'.:. ."..> :
..'"::~.. '~'.
. .
LAND DEVELOPMENT CODE
(d) Tree, Within Buffer Area. Fnr every twenty-five (25) linear
feet or fract ion thereof, one (1) tree, at leas t ,ix (6) feet high and
maximum of one and one-half (1 1/2) inche' in caliper at time of
planting, ,hall be provided within a buffer area. Where palm trees are
used, they ,ha 11 be plant ed in group' of at leas t three (3) for each
fifty (50) feet of buffer yards and ,hall not exceed fifty percent (50%J
of the required trees.
(e) Conflict. Where the Zoning Requirement' or other ordinances
impose different requirements, the more restrictive will gove~n.
.Sec. 5.609 Off-street parking. loading and landscaping reqoir..-eotS.
See Article XLVIII.
Sec. 5.610 Perforaanee standards. See Article L.
Sees. 5.611 - 5.620
Reserved.
Supplement No. 12
5-210
[The next page ~s 5-215J
;
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Chapter 5
ZONING REGULATIONS
'V_"
(,\}( !
ARTICLE XXXII
C-3 GENERAL COMMERCIAL AND WHOLESALE DISTRICT
Sec. 5.621 Description of district. This district is composed of those
lands and structures, which, by their use and location, are especially
adapted to the business of wholesale distribution, storage and light
manufacturing. There are large spac~ users and bear little relationship
to the County's residential areas. Such lands are conveniently located
to principal thoroughfares and railroads.
Sec. 5.622 Permitted uses.
(a) Any use permitted 1n the C-2 District.
(b) Bakeries.
(c) Bottling and distribution plants.
(d) Cold storage and frozen foodlockers.
(e) Contractors' equipment-storage yards.
(f) Feed stores.
(g) Greenhouses - wholesale.
(h) Industrial trade schools.
(i) Laundry and dry-cleaning plants.
(j) Lithography and publishing plants.
(k) Lumber yards.
(1) Machinery sales and storage.
(m) Mechanical garages, bus, cab and truck repaIr, and storage.
(n) Paint and body shops.
Supplement No. 12
5-215
LAND DEVELOPMENT CODE
(0) Plumbing shops.
(p) Trade shops, such as, upholstery, metal, cabinet.
(q) Warehouses.
(r) Wholesale meat and produce distribution with meat cutting,
but not butchering.
Sec. 5.623 Conditional uses.
(a) Living quarters in conjunction with a commercial use to be
occupied by the owner or operator of the business or an employee.
(b) Public utility structures.
(c) Service stations and gas pumps as an accessory use.
(d)
Hospitals. and nursing homes.
(9 13, Ord. No. 81-67, 10-27-
81).
Sec. 5.624 General provisions and exceptions. The outside storage of
parts, supplies, or materials shall be permitted only within an enclosed
or fenced-in area.
Sec. 5.625 Building height. No building or structure may exceed thirty-
five (35) feet in height unless otherwise provided for herein.
Sec. 5.626 Building site area requi.rements.
area required j however, adequate space wi 11 be
parking, loading, and landscaping requirements.
No minimum bui lding site
provided for of f-s treet
Sec. 5.627 Front, side and rear yard require.ents.
(a) All buildings and structures shall be set back a minimum or
twenty-five (25) feet from front property lines and all side property
lines abutting street or road right-of-way.
(b) Side yard setback may be reduced to zero (0) feet unless side
of lot abuts a residential district, then all structures.shall be set
back a minimum of fifty (50) feet. A minimum of ten (10) feet abutting
the residential property line shall be maintained as a landscaped buffer
yard.
Supplement No. 12
5-216
.,
-~
"
ZONING REGULATIONS
(c) Rear yard setback shall be a minimum of ten (10) feet except
where rear fot line abuts a residential district, then all structures
shall be set back a minimum of fifty (50) feet. A minimum of ten CIa)
feet abutting the residential property line shall be maintained as a
landscaped buffer yard.
Sec. 5.628 Buffer yard abutting residential properties. Where a C-3
parcel abuts a lot zoned exclusively for residential, with or without an
intervening alley, then at the time of development of the parcel, a
landscaped buffer shall be provided along rear or side lot lines, said
buffer to be at least ten (10) feet wide at right angles to the lot line
and established along the entire length of and contiguous to lot lines.
(a) Buffer Design. The landscape buffer shall be designed,
planted, and maintained as to be seventy-five percent (75%) or more
opaque between two (2) feet and six (6) feet above average lot grade.
Protection from vehicle encroachment by the use of curbing or wheel stops
shall be provided.
(b) Buffer Plantings. Plantings shall be of the species and of
the size and type which will insure meeting the seventy-five percent
(75%) opacity requirement no longer than twelve (12) months after first
planting.
(c) Substitution Within Buffer Area. A decorative opaque
structure at least s~x (6) feet high may be substituted to meet the
seventy-five percent (75%) opacity requirement. Where a structure is
utilized, a hedge not less than 2.5 feet in height at time of planting
shall be provided along the length of the wall.
(d) Trees Within Buffer Area. For every twenty-five (25) linear
feet or fraction thereof, one (1) tree, at 'least six (6) feet high and
minimum of one and one-half (1 1/2) inches in caliper at time of
planting, shall be provided within a buffer area. Where palm trees are
used, they shall be planted in groups of at leas t three (J) for each
fifty (50) feet of buffer yards and shall not exceed fifty percent (50%)
of the required trees.
(e) Conflict. Where the Zoning Regulations or other ordinances
impose different requirements, the more restrictive will govern.
Sec. 5.629 Off-street parking, loading and landscaping require.ents.
See Article XLVIII.
Supplement No. 12
5-217
LAND DEVELOPMENT CODE
See. 5.630 Perfor.&Qee standards. See Article L.
Sees. 5.631 - 5.640 Reserved.
Supplement No. 12
5-218
[The next page lS 5-223]
..
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l..OR\O~
Ronald W. McLemore
City Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
April 26, 1996
Mr-. Ron Rabun, County Manager
Seminole County Government
1101 East First Street
Sanford, Florida 32771
Re: Duke Plan Amendment/Rezone DR No. 170-96/172-96
Dear Ron:
The City of Winter Springs is aware of the above referenced project which is currently
being reviewed by Seminole County. The City has an agreement with Duke Properties
providing for the annexation of this project into the City as the project is developed.
This is to advise you that the City has no objection to the Plan Amendment/Rezoning
Request with the inclusion of the following conditions:
1) that the zoning category be compatible to the City's C-2 Zoning District.
(Seminole County C-3 Zoning is compatible to the Ciry's C-2 Zoning);
2) that the City have the opportunity to review and comment on future site
plans/engineering plans as presented to the County;
3) that there be ample landscaping between the proposed frontage road and State
Road 419; and;
4) that there be established covenants and restrictions including such items as:
landscaping, architectural standards, funding for road and stormwater management
maintenance, etc.
.'?
Duke Plan Amendment/Rezone
Page # 2
Finally, due to the City's interest in this project I would like to request that you do all that
you can to expedite the processing of this application.
If I can be of any further assistance to you on this matter, please contact me at your
convenIence.
Sincerely,
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Ronald W. McLemore
City Manager
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cc: Anthony Vanderworp, Director, Plaruting Dept.
Sent by fa" and mail