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Home My WebLink About1998 11 23 Regular Item D COMMISSION AGENDA ITEM D Consent Information Public Hearine: Regular XX MGR.9.&rI&~ ~ ~, . . ' November 23. 1998 Meeting REQUEST: Community Development Department, Land Development Division, requests Commission approval for the First Reading of Ordinance No. 710. PURPOSE: The purpose of this Agenda Item is to request the Commission approve the First Reading of Ordinance No. 710 which shall amend the City Code to require walls to be built to buffer residentially zoned property from commercially zoned property. The Second Reading of this ordinance will be at a later date. APPLICABLE CODE: Sec. 1-11. Amendments to Code; effect of new ordinances; amendatory language. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code by the city commission. (b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended to read as follows: .....". The new provisions shall then be set out in full as desired. November 23, 1998 REGULAR AGENDA ITEM D Page 2 (c) In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, City of Winter Springs, Florida, is hereby amended by adding a new section (or article, or chapter) to be numbered , which section reads as follows: .....". The new section shall then be set out in full as desired. Sec. 1-14. Altering Code. It shall be unlawful for any person in the city to change or amend by additions or deletions, any part of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever, except by ordinance or resolution or other official act of the city commission which will cause the law of the City of Winter Springs, Florida, to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-15. FINDINGS: The existing requirements set forth in the Code of Ordinances does not address buffering between commercially zoned property and residentially zoned property. CONCLUSION: This ordinance will amend the existing C-] (Neighborhood Commercial) zoning, the Redevelopment Corridor Standards, and the New Development Corridor Standards to require a six (6) foot wall between commercial property and residential property. RECOMMENDA TION: The recommendation is that the City Commission approve the First Reading of Ordinance No. 710. The Second Reading and Public Hearing for this ordinance will be on December 14, 1998. ATTACHMENTS: Proposed Ordinance No. 710 COMMISSION ACTION: ORDINANCE NO. 710 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING, SECTIONS 20-239--20-250, SECTION 20-453 AND SECTION 20-463, OF THE CODE OF ORDINANCES, REGARDING A WALL REQUIREMENT WHEN COMMERCIALLY ZONED PROPERTY ABUTS RESIDENTIALLY ZONED PROPERTY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida is desirous of amending its zoning requirements to ensure that residentially zoned property is properly buffered from commercially zoned property; NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: SECTION I - That Chapter 20, Zoning, Sections 20-239--20-250. Reserved. be amended to read Sections 20-240--20-250. Reserved. SECTION II - That Chapter 20, Zoning, Section 20-239 now read: An opaque, six (6) foot wall, constructed of concrete, block or other durable material (wood not allowed) compatible with the surrounding area, and acceptable to the Development Review Committee, shall be required at the time of development or redevelopment of commercially zoned property to buffer residentially zoned property from commercial activities and uses. SECTION III - That Chapter 20, Zoning, Section 20-453(b) be amended to read Section 20-453(c). SECTION IV - That Chapter 20, Zoning, Section 20-453(b) now read: An opaque, six (6) foot wall, constructed of concrete, block or other durable material (wood not allowed) compatible with the surrounding area, and acceptable to the Development Review Committee, shall be required at the time of development or redevelopment of commercially zoned property to buffer residentially zoned property from commercial activities and uses, SECTION V - That Chapter 20, Zoning, Section 20-465(b) be amended to read Section 20-465(c), SECTION VI - That Chapter 20, Zoning, Section 20-465(b) now read: An opaque, six (6) foot wall, constructed of concrete, block or other durable material (wood not allowed) compatible with the surrounding area, and acceptable to the Development Review Committee, shall be required at the time of development or redevelopment of commercially zoned property to buffer residentially zoned property from commercial activities and uses. SECTION VII - That any portion of any City Ordinance in conflict herewith shall be hereby repealed, SECTION VIU - If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section of portion of a section or subsection or part of this Ordinance. SECTION IX - This Ordinance shall become effective immediately upon its passage. DONE AND ORDERED THIS Chambers at Winter Springs, Florida. DA Y OF , 1998, in PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK First Reading: Second Reading and Public Hearing Posted THIS INSTRUMENT WAS PREPARED BY: Donald R. LeBlanc City of Winter Springs 1126 East SR 434 Winter Springs FL 32708 COMMISSION AGENDA. ITEM D Consent Information Public Hearin Re ular XX MG~t2- November 23. 1998 Meeting REQUEST: Community Development Department, Land Development Division, requests Commission approval for the First Reading of Ordinance No. 710. PURPOSE: The purpose of this Agenda Item is to request the Commission approve the First Reading of Ordinance No. 710 which shall amend the City Code to require walls to be built to buffer residentially zoned property from commercially zoned property. The Second Reading of this ordinance will be at a later date. APPLICABLE CODE: Sec. 1-11. Amendments to Code; effect of new ordinances; amendatory language. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein, In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code by the city commission. (b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended to read as follows: .....". The new provisions shall then be set out in full as desired. November 23, 1998 REGULAR AGENDA ITEM D Page 2 (c) In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, City of Winter Springs, Florida, is hereby amended by adding a new section (or article, or chapter) to be numbered , which section reads as follows: ..... ". The new section shall then be set out in full as desired. Sec. 1-14. Altering Code. It shall be unlawful for any person in the city to change or amend by additions or deletions, any part of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever, except by ordinance or resolution or other official act of the city commission which will cause the law of the City of Winter Springs, Florida, to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-15. FINDINGS: The existing requirements set forth in the Code of Ordinances does not address buffering between commercially zoned property and residentially zoned property. CONCLUSION: This ordinance will amend the existing C-l (Neighborhood Commercial) zoning, the Redevelopment Corridor Standards, and the New Development Corridor Standards to require a six (6) foot wall between commercial property and residential property. RECOMMENDA TION: The recommendation is that the City Commission approve the First Reading of Ordinance No. 710. The Second Reading and Public Hearing for this ordinance will be on December 14, 1998. A TT ACHMENTS: Proposed Ordinance No. 710 COMMISSION ACTION: ORDINANCE NO. 710 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING, SECTIONS 20-239--20-250, SECTION 20-453 AND SECTION 20-463, OF THE CODE OF ORDINANCES, REGARDING A WALL REQUIREMENT WHEN COMMERCIALLY ZONED PROPERTY ABUTS RESIDENTIALLY ZONED PROPERTY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida is desirous of amending its zoning requirements to ensure that residentially zoned property is properly buffered from commercially zoned property; NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: SECTION I - That Chapter 20, Zoning, Sections 20-239--20-250, Reserved. be amended to read Sections 20-240--20-250. Reserved. SECTION II - That Chapter 20, Zoning, Section 20-239 now read: An opaque, six (6) foot wall, constructed of concrete, block or other durable material (wood not allowed) compatible with the surrounding area, and acceptable to the Development Review Committee, shall be required at the time of development or redevelopment of commercially zoned property to buffer residentially zoned property from commercial activities and uses. SECTION III - That Chapter 20, Zoning, Section 20-453(b) be amended to read Section 20-453(c). SECTION IV - That Chapter 20, Zoning, Section 20-453(b) now read: An opaque, six (6) foot wall, constructed of concrete, block or other durable material (wood not allowed) compatible with the surrounding area, and acceptable to the Development Review Committee, shall be required at the time of development or redevelopment of commercially zoned property to buffer residentially zoned property from commercial activities and uses. SECTION V - That Chapter 20, Zoning, Section 20-465(b) be amended to read Section 20-465(c). SECTION VI - That Chapter 20, Zoning, Section 20-465(b) now read: An opaque, six (6) foot wall, constructed of concrete, block or other durable material (wood not allowed) compatible with the surrounding area, and acceptable to the Development Review Committee, shall be required at the time of development or redevelopment of commercially zoned property to buffer residentially zoned property from commercial activities and uses, SECTION VII - That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION Vlll - Ifany section or portion ofa section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section of portion of a section or subsection or part of this Ordinance. SECTION IX - This Ordinance shall become effective immediately upon its passage. DONE AND ORDERED THIS Chambers at Winter Springs, Florida. DAY OF , 1998, in PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK First Reading: Second Reading and Public Hearing Posted THIS INSTRUMENT WAS PREPARED BY: Donald R. LeBlanc City of Winter Springs 1126 East SR 434 Winter Springs FL 32708