HomeMy WebLinkAbout2000 03 13 Public Hearings E First Reading - Ordinance 2000-07 Family and Multi-Family Developments
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearing X
Regular
March 13~ 2000
Meeting
rvigr. /
Authoriza .
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for the first reading and consideration of Ordinance 2000-07 to require six
(6) foot solid wall, [constructed of concrete, block or other durable material (wood not allowed)
compatible with the surrounding area], between single family and multi-family land uses.
PURPOSE:
The purpose of this agenda item is to reduce the negative impacts that multi-family land uses
would have on single family land uses.
APPLICABLE LAW AND PUBLIC POLICY:
Ordinance 710 (adopted 1-11-99)
An ordinance of the City of Winter Springs, amending Chapter 20 "Zoning", Sec. 20-239 to
20-250, Sec. 20-453 and Sec. 20-465 regarding a wall requirement when commercially
zoned or used property abuts residentially zoned property.
SECTION II - That Sec. 20-239 now read: A solid 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 or use property to buffer residentially zoned property
from commercial activities and uses. This wall is to be constructed by the developer of the
commercially used property.
SECTION III - That Sec. 20-453(b) be amended to read Sec. 20-453(c).
CDD/March 8,2000/3:21 PM
MARCH 13, 2000
PUBLIC HEARING AGENDA ITEM E
Page 2
SECTION IV - That Sec. 20-453(b) now read: A solid 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 or used property to buffer residentially zoned property
from commercial activities and uses. This wall is to be constructed by the developer of the
commercially used property.
SECTION V - That Sec. 20-465(b) be amended to read Sec. 20-465(c).
SECTION VI - That Sec. 20-465(b) now read: A solid, 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 or used property to buffer residentially
zoned property from ~ommercial activities and uses. This wall is to be constructed by the
developer of the commercially use property.
CONSIDERA TIONS:
· The City Code in Section 20-239, Section 20-250, Section 20-453 and Section 20-465
requires a solid six (6) foot wall between commercial uses and residential uses.
· The City's Comprehensive Plan includes representations on separation and buffering of
incompatible land uses. Specifically, Objective B under Goall of the Land Use Element
states in part ". . .where incompatible land uses must necessarily coexist, establishment of
lines of demarcation and requirement of buffering appropriate to the difference i'n intensity
between the land uses."
· There are no provisions in the City Code that require a fence, wall, or special buffer
between residential zones of different densities, such as single family and multi-family.
· The proposed Town Center District Code (March 3, 1999) does not have a specific
requirement for a wall, fence, or ground width buffer between different land uses or same
land uses but with differing densities/intensities. Much authority and latitude is given to
the Development Review Committee in administering the Town Center Design Code.
FISCAL IMPACT:
None.
COD/March 8, 2000/3:25 PM
MARCH 13, 2000
PUBLIC HEARING AGENDA ITEM E
Page 3
FINDINGS:
. The City's Comprehensive Plan includes representations on separation and buffering of
incompatible land uses. Specifically, Objective B under Goal I of the Land Use Element
states in part ". . .where incompatible land uses must necessarily coexist, establishment of
lines of demarcation and requirement of buffering appropriate to the difference in intensity
between the land uses."
· There are no provisions in the City Code that require a fence, wall, or special buffer
between residential zones of different densities, such as single family and multi-family.
. There are provisions in the City Code that require a fence, wall, or special buffer
between residential zones and land that has commercial land use or is commercially zoned.
STAFF RECOMMENDATION:
City staff recommends that the City Commission hold a public hearing for the first reading of
Ordinance 2000-07 to require a six (6) foot solid wall between single family and multi-family
land uses.
IMPLEMENTA TION SCHEDULE:
The ordinance, amending Chapter 20 of the City Code, Sections 20-239, Section 20-453 and
Section 20-465, to require a six (6) foot solid wall between single family and multi-family
residential land uses would be adopted and become effective on March 27, 2000.
ATTACHMENT:
A. Ordinance 2000-07
COMMISSION ACTION:
CDDlMarch 8, 2000/3:21 PM
ATTACHMENT A
~ 6
f",h/;L flt1tfltl3 l+em V. E
ORDINANCE NO. 2000-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, REGARDING
W ALL BUFFERS BETWEEN COMMERCIAL AND
RESIDENTIAL DEVELOPMENT AND BETWEEN MULTI-
FAMILY DEVELOPMENT AND SINGLE FAMILY
DEVELOPMENT; AMENDING THE CITY OF WINTER
SPRINGS CODE OF ORDINANCES SECTIONS 20-239, 20-453
AND 20-465 TO REQUIRE A SOLID SIX (6) FOOT WALL
BUFFER BETWEEN MULTI-FAMILY AND SINGLE FAMILY
DEVELOPMENTS AND BETWEEN COMMERCIAL AND
SINGLE FAMILY AND MULTI- FAMILY DEVELOPMENTS;
PROVIDING TECHNICAL CONFORMING CODE
AMENDMENTS TO RE-CODIFY SECTION 20-239 AS
SECTION 20-434 AND TO CLARIFY EXISTING CODE
PROVISIONS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;,,_.
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs Comprehensive Plan, Land Use Element, Goal!,
Objective B states, in part, "00. where incompatible land uses must necessarily coexist, establishment
of lines of demarcation and requirement of buffering appropriate to the difference in intensity
between land uses."; and
WHEREAS, the City Commission of the City of Winter Springs finds that it is the intent and
purpose of the aforementioned section of the City's Comprehensive Plan to provide for appropriate
buffering between the variety of intensive land uses allowed under the Winter Springs City Code; and
WHEREAS, the Winter Springs City Code currently provides that a solid six foot wall is an
appropriate buffer between commercial and residential land uses; and
WHEREAS, multi-family developments are more intensive than single family developments
and may be incompatible iflocated adjacent to single family developments unless appropriate buffers
are required between the difterent land uses; and
WHEREAS, commercial developments are more intensive than single fumily and multi-family
developments and may be incompatible if located adjacent to single family and multi-family
developments unless appropriate buffers are required between the different land uses; and
City of Winter Springs
Ordinance No. 2000-07
Page 1 of 5
j
WHEREAS, the City Commission of the City of Winter Springs hereby finds that requiring
a six foot solid wall between multi-family and single family developments and commercial and
residential developments promotes compatibility and coexistence of the different land uses and is
consistent with the intent and purpose of the City'.s Comprehensive Plan; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that in addition
to adopting the wall requirement hereunder, the language contained in City Code Sections 20-239,
20-453 (b), and 20-465 (b) should be conformed and clarified as set forth herein; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorpomted herein
in their entirety by this reference.
Section 2. Amendment of City Code. The following sections of the Winter Springs Code
are hereby amended or created as follows: (underlined type indicates additions and stIikeout type
indicates deletions.)
A. Section 20-239, as set forth below, is hereby repealed in its entirety:
All opaque, six (G) foot wall, eOll~tltlctcd of COllGlete, block or other dmabk Illaterial
(~ood not aHo~ed) corupatibk widl the smlOtlllding area, ahd acceptable to the
Devdopnlent Review Committee, shaH be required at the time of development or
rede\1elopmmt of eOhl1llCleially z:oncd or used ploperty to buffer residentially zoned
property bOllI COIlI111eieial activities and uses. Tlus wall is to be cOllstlUetGd by tlle
developer of the commercially used property.
B. Under Chapter 20, Zoning, Article V. Supplemental District Regulations, Section 20-434
is hereby created to read as follows:
Sec. 20-434. Residential Wall Buffers Required.
Any developer or property owner proposing a commercial or multi-family
development or redevelopment adjacent to a single family zoning district or use shall
construct. at the developer's expense. an opaque wall of six (6) feet in height along
the full length of the property line between such development or redevelopment and
City of Winter Springs
Ordinance No. 2000-07
Page 2 of 5
i
the adjacent single family zoning district or use. A wall shall also be required for a
proposed commercial development or redevelopment adjacent to a multi-family
zoning district or use. as required above. The wall shall be constructed of concrete
block. brick or other durable material (wood not allowed) which is compatible with
the surrounding area. and acceptable to the Development Review Committee as to
compatibility. design. and compliance with this section and the City Code.
C. Section 20-453(b) of the State Road 434 New Development Overlay Zoning District
Regulations, as set forth below, is amended to read as follows:
Sec. 20-453 Buffers and Walls.
(b) Walls: An opaque, six (G) foot wall, constltleted of coneIete block 01 other
dUIabk It1ateIial (wood not allowed) compatible witIl the SUIlol:l1ldil1g atca, atld
acecptablc to the DCvelopmcI1t Review Cotl1l11ittce, sllaJl be Icquned at tile tilllC of
dCvdopmcnt 01 rcdcvdopmeut of cOmt1I(,reially zol1cd or uscd plOpClty to buffCl
rcsidentially zOl1cd pIOpCrty bonl collltll(,[eial aetivitics and uses. Tins wall is to be
col1stltletcd by tIle devdoper oftIlc cOhltllcrdally used plOpClty.
Any developer or property owner proposing a commercial or multi-family
development or redevelopment adjacent to a single family zoning district or use shall
construct at the developer's expense. an opaque wall of six (6) feet in height along
the full length of the property line between such development or redevelopment and
the adjacent single family zoning district or use. A wall shall also be required for a
proposed commercial development or redevelopment adjacent to a multi-family
zoning district or use. as required above. The wall shall be constructed of concrete
block. brick or other durable material (wood not allowed) which is compatible with
the surrounding area. and acceptable to the Development Review Committee as to
compatibility. design. and compliance with this section and the City Code.
D. Section 20-465 (b) of the State Road 434 Redevelopment Area Overlay Zoning District
Regulations, as set forth below, is amended to read as follows:
Sec. 20-465 Buffers and Walls.
(b) Walls: Ah opaque, six (G) foot wall, eonstltleted of coheIGtc, block or otl.cr
dUIabk nlatcIial (wood hot allowcd) compatible. witIl the Stl1101:l11ding atca, atld
acecptablc to the Development Revtcw Comrmttee, sllall be Iequned at tI.c tnoc of
development or rcdcvdopment of conmlcIeially zOhcd or uscd pIOperty to buffer
residelJtially zoned plOpcrty b0l11 cohlmeIcial activities and uscs. This wall is to bc
collstIucted by tIll: developcI oftl.c conltllereially used plOpcrty.
City of Winter Springs
Ordinance No. 2000-07
Page 3 of 5
Any developer or property owner proposing a commercial or multi-family
development or redevelopment adjacent to a single family zoning district or use shall
construct. at the developer's expense. an opaque wall of six (6) feet in height along
the full length of the property line between such development or redevelopment and
the adiacent single family zoning district or use. A wall shall also be required for a
proposed commercial development or redevelopment adiacent to a multi-family
zoning district or use. as required above. The wall shall be constructed of concrete
block. brick or other durable material (wood not allowed) which is compatible with
the surrounding area. and acceptable to the Development Review Committee as to
compatibility. design. and compliance with this section and the City Code.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Code of
Ordinance of the City of Winter Springs and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2000.
Paul P. Partyka, Mayor
City of Winter Springs
Ordinance No. 2000-07
Page 4 of 5
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2000-07
Page 5 0 f 5