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
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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That Section 20-239, as set forth below, be repealed in its entirety: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
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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
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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
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~. 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.
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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"
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