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HomeMy WebLinkAbout2000 04 10 Public Hearings C Second Reading - Ordinance 2000-07 Family and Multi-Family Developments COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular April 10. 2000 Meeting ~ Mgr. / Authorizati REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the second reading and consideration of Ordinance 2000-07 to require a six (6) foot wall buffer between multi-family and single family developments and between commercial and single family and multi- family developments. A waiver of the wall requirements within the Town Center District may be approved as a special exception. The waiver provision shall not apply to developments located on the edge of the Town Center District. PURPOSE: The purpose of this proposed Ordinance is to reduce the negative impact that multi-family and commercial uses may have on single family developments and that commercial uses may have on multi-family uses. The wall requirement within the Town Center District may be approved as a special exception. The waiver provision shall not apply to developments located on the edge of the Town Center District. 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, Sec. 20-434, Sec. 20-453 and Sec. 20-465 regarding a wall requirement when commercially zoned or used property abuts residentially zoned property. CDD/ApriI3, 2000/3:05 PM APRil.. 10,2000 PUBLIC HEARING AGENDA ITEM C Page 2 That Section 20-239, as set forth below, be repealed in its entirety: An opaque, six (6) feot ';jaIl, eORstnteted of concrete, block or other dtirable material ('1lOod not allovled) eompatible ,vith the s1:HTounding ar~a, and aoeeptable to the Development Re',iew Committee, shall be required at the time of development or redevelopment of commeroially zoned or used property to b\:lffer resideRtially zORed property from oommer-eial activities 8:B:d uses. This "yall is to be oanstructed by the de'feloper of the commeroially used property. That Sec. 20-434 now read: 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. That Sec. 20-453(b) now read: 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. That Sec. 20-465(b) now read: 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. CDDlMarch 31, 2000110:44 AM APRIL 10, 2000 PUBLIC HEARING AGENDA ITEM C Page 3 CONSIDERATIONS: . The City Code in Section 20-434, 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 Goal 1 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. . 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. . The Commission held a first reading of Ordinance 2000-07 on March 27,2000. FISCAL IMPACT: None. FINDINGS: . The City's Comprehensive Plan includes representations on separation and buffering of incompatible land uses. Specifically, Objective B under Goal 1 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. CDDlMarch 3], 2000/10:44 AM APRil.. 10, 2000 PUBLIC HEARING AGENDA ITEM C Page 4 . 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 second reading of Ordinance 2000-07 to require a six (6) foot solid wall between single family and multi-family and commercial land uses and between commercial and multiple family uses. IMPLEMENTATION SCHEDULE: Ordinance # 2000-07, amending Chapter 20 of the City Code, Sections 20-239, Section 20-434, Section 20-453 and Section 20-465, requiring a six (6) foot wall buffer between multi-family and single family developments and between commercial and single family and multi-family developments, and to allow the Development Review Committee to grant waivers of the wall requirements within the Town Center District. The Ordinance is to be adopted upon a second reading and become effective on April 10, 2000. ATTACHMENT: A. Ordinance 2000-07 B. Advertisement for March 31, 2000 COMMISSION ACTION: CDDIMarch 3]. 2000/] 0:44 AM ( ( ATTACHMENT A " 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 MUL TI- 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 MUL TI-FAMIL Y AND SINGLE FAMILY DEVELOPMENTS AND BETWEEN COMMERCIAL AND SINGLE FAMILY AND MULTI- FAMILY DEVELOPMENTS; PROVIDING FOR CERTAIN t.IMITED SPECIAL EXCEPTIONS FOR PROPERTY ZONED TOWN CENTER; 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 1, Objective B 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 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 if located adjacent to single family developments unless appropriate buffers are required between the different land uses; and WHEREAS, commercial developments are more intensive than single family and multi-family developments and may be incompatible if located adjacent to single family and multi-family City of Winter Springs Ordinance No. 2000-07 Page I of 5 developments unless appropriate buffers are required between the different land uses; and 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 incorporated 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 sttikGOut type indicates deletions.) A. Section 20-239, as set forth below, is hereby repealed in its entirety: All opaque, six (6) foot waR, constIueted ofeoncletc., block 01 othcr dmable ]lIatc.rial (wood not aHowed) compatible with the. smrotmding ale.a, alid ae.ce.ptabk to the Dc.vc.lopment Review Committee., shaH be. re.quned at the tUtle. of de.vclopl11(,nt 01 rcdcvdopmcnt ofeormncrc.iaHy zoned or used property to buffer lesideutiaHy zonc.d prope.rty nom COh'tlllClcial ac.ti'\1itic.s and use.s. Tms wan is to be. constltlcted by the developcr oftllC connnc.rciaHy u.scd 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 adiacent to a single family zoning district or use shall City of Winter Springs Ordinance No. 2000-07 Page 2 of 5 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. The wall requirements of this section may be waived or varied by special exception for developments or redevelopments located on property zoned Town Center. provided the special exception is granted pursuant to the requirements and criteria set forth in the Town Center Zoning Code. Notwithstanding. a special exception shall not be allowed when a wall is required along the boundary of property that also constitutes the outer perimeter of the existing area zoned Town Center. 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, constIUeted of conelete block or other dtllablc ]f1aterial (wood not aHo,wed) eontpatiblc with the stnIoundi::ng area, and acceptable to the Development Review Connnittce, shall be Icquned at thc time of development 01 ledevelopmcld of connnCIcially zoned 01 used plOpClty to buffel lesidcntiaHy zoned property fiom connnc,rcial activities and uses. This wall is to be cOIlstItleted by the developer of the c.ommcrc.ially used ploperty. 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. The wall requirements of this section may be waived or varied by special exception for developments or redevelopments located on property zoned Town Center. provided the special exception is granted pursuant to the requirements and criteria set forth in the Town Center Zoning Code. Notwithstanding. a special exception shall not be allowed when a wall is required along the boundary of property that also constitutes City of Winter Springs Ordinance No. 2000-07 Page 3 of 5 the outer perimeter of the existing area zoned Town Center. 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: A.h opaqu<:', six (G) foot wall, eOllstltleted of GOhelctc, block 01 otl,G1 durable material (wood not allowed) compatible. witt, the sUlloundit,g mea, m,d acceptable to the De'\1dopment R'Gview Committee, sl,all be required at the titHe of developmcrtt or ]cdevdopmclIt of commercially zoned 0] used property to buffer residentially zoned plopelty fiom commercial activities m,d uses. This 'WaU is to be cOlIstructcd by the devclop" of the cOlumcrcially used property. Any developer or property owner proposing a commercial or multi-family development or redevelopment adiacent 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 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. The wall requirements of this section may be waived or varied by special exception for developments or redevelopments located on property zoned Town Center. provided the special exception is granted pursuant to the requirements and criteria set forth in the Town Center Zoning Code. Notwithstanding. a special exception shall not be allowed when a wall is required along the boundary of property that also constitutes the outer perimeter of the existing area zoned Town Center. 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 City of Winter Springs Ordinance No. 2000-07 Page 4 of 5 tit ~ .. 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 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 of 5 ATT ACHMENT B . ",," , . ;'. . . :..: ... ~....' .. "~J r~ ... t . ..... ... :.: .4; .'"'; ..... ... '., ~.\. . . ~111'. ~... . ;-. .... -,.' ;<$": ."" " :" .. :.. ." , ," I' :: .. '.. :.. ." ;.. .. .... :+~ ." ,'" .... ." ~.. ," .Co ,'" .oO '" .... ::0 .. .... :4: .. :~ .. '", '"" '''; . .".; :~ "... ..... ~.. :~ ... '",: '.,:. :~ ... '. '. ;i .c~ .... .~ .. :ti !4 :..~ '~4 +$ :+! ~. THIS IS A PUBLIC HEARING. . IF YOU DECIDE TO APPEAL ANY ~. DECISION .oR RECOMMENDATION .MADE BY THE LOCAL PLAN- . Z :~ NINq AGENCY WITH RESPECT TO ANY MATTER CONSIDERED'j~T a... THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEED- ~t :INGS, AND, FOR.SUCH PURPOSES; YOU MAY NEED TO ENSURE S; . THAT A VERBATIM RECORD OF THE. PROCEEDINGS IS.,MADE ~ '. UPON WHICH THE APPEAL ISTO BE BASED. ~ -.: .... , :.o.f +~ .1 "->' ..... ~: ... .: ... , .,.' . ..... "",,' ..:" " -" :~..:" . ..-.~ '.". . - .r.:.' _n.;..' ,".. NOTICE OF NEW REQUIREMENT FOR WALL NOTICE IS HEREBY GIVEN THAT THE CITY' COMMISSION OF THE CITY OF WINTER SPRINGS \YILL HOLD A PUBLIC HEARING ON PROPOSED ORDINANCE 2000-07 THAT WOULD AMEND CHAPTER 20 OF THE CITY ORDINANCE 2000-07 THAT WOULD' AMEND . CHAPTER 20 OF THE CITY CODE, SEe. 20-239, SEC. 20-453,- AND SEC. 20-465 TO REQUIRE A SIX (6) FOOT WALL BETWEEN SINGLE FAMILY AND MULTI-FAMILY LAND USES. A PUBLIC HEARING ON THE PROPOSED. CHANGE TO SEC. 20-239, SEC. 20-453, AND SEe. 20-465 WILL BE HELD ON APRIL 10, 2000 AT '6:30 P.M. AT THE WINTER SPRINGS CITY HALL. THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMIS- SION CHAMBERS AT 1126 EAST' STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THOMAS GRIMMS, AICP AT THE COMMUNITY DEVELOPMENT DEPT.- PLANNING DIVISION, AT CITY HALL, 1126 EAST STATE :ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-l800 #303. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTIC- IPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS . IN ADVANCE OF THE MEETING AT (407).327-1800 #236. ,L~A ANDREA LO . CITY CL" f:' 'J i t ; ~ I, . t. .. I. . ro< ; , .. .~ . 'l~ j'; ;