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HomeMy WebLinkAbout2000 04 24 Public Hearings D Second Reading - Ordinance 2000-07 Family and Multi-Family Developments COMMISSION AGENDA ITEM D Consent Informational Pu bUe Hearing X Regular April 24. 2000 Meeting ~F Mgr. / . Authorizatio. - - 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/ApriI14, 2000110: 10 AM APRil., 24, 2000 PUBLIC HEARING AGENDA ITEM D Page 2 That Section 20-239, as set forth below, be repealed in its entirety: ~\n opaque, six (6) f-oot \""-811, construoted of oencrete, bleck or other durable material (wood Bot aUo'Ned) compatible ..vith the sUIT-mUlding area, llfld acceptable to the De'/elopmeRt Re\'iew Committee, shall be required at th.e time of deyelopment or redevelopment of oommereially zORed or used property to bu.ffer residentially zoned property from commercial aotiyities and uses. This Viall is to be oonstmeted by the de'leloper of the eommercially u.sed 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 sUITounding area, and acceptable to the Development Review Committee as to compatibility, design and compliance with this section and the City Code. CDD/ApriI14. 2000/10: 10 AM APRIL 24,2000 PUBLIC HEARING AGENDA ITEM D Page 3 CONSIDERA TIONS: . 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. COD/April 14, 2000/10:10 AM AP~ 24, 2000 PUBLIC HEARING AGENDA ITEM D 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 April 14, 2000 COMMISSION ACTION: CDD/ApriI14, 2000/11:25 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- FAMIL Y DEVELOPMENT AND SINGLE FAMIL Y '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 FOR CERTAIN LIMITED 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, Goall, 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 ofWmter 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 Wmter 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 0 f 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 ofWmter 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 strikeout type indicates deletions.) A. Section 20-239, as set forth below, is hereby repealed in its entirety: An opaque, six (G) foot waH, constr t.lCtcd of cohcrete, block 01 othcr dur able matcl ial (wood not alla wcd) compatible. with the swrounditlg area, and acceptable. to the Development R-cvicw Committec, shaH be requ.i1:cd at the t;.1I1(. of d(.vdopment or Icdcvdoplilcnt of eOlll1llClciaHy zoned or used ploperty to buffGl lesidcntially zoned propelty fiom eOlllluc.reiaJ. activities and. uses. This wall is to be eonstmctc.d by the devdopcr oftlac. commcrcially used ploperty. 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 0 f 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 adiacent 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 (6) foot wall, constructed of conCle.te block 01 othcr dUlable matc.rial (wood hot allowed) e.ompatibk with the. sWlounding ate.a, and acccptable. to the. DCvdopmGnt RCview ConnllittcG, sllall be re.qui1ed at thc time of developrl1Cht or lede\'doplllent of e.olUme.rcially zone.d or use.d propcrty to buffer lesidGntially zoned plopelty fioIn eOill1uercial activities and USGS. TIlls wall is to be cOllstruetcd by thc dc\'dopcr oftllG eOmmGlcLaHy used property. 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: An opaque, six (G) foot wall, COllstlUctcd of cOllclete, block or othcr durable. luatelial (wood not allowed) compatible. with thc sUi1oul1ding Mea, and acceptable. to the Development Review Committee, shall be required at tile tirlle of devd'Opmcllt or redcvcloplIlclIt of colInncrciaHy roned or tu)cd property to bUffi:.I residentiaHy zoned property 60111 eonmlCIc.ial activities MId uses. This wall is to be constltlcted by the developCl of the cOIiIDleleially uscd ploperty. 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 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. 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. If any 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 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 ATIEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Gargancsc, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2000-07 Page 5 0 f 5 ATTACHMENT B ~, 1 , Jbhii"K6e~ig' maKes "Ii tus ousiiiess- iO snare 'I;'SI9n! ana analysIs on Ine eve Monday in CFB and throughout the week in Business.' The Orlando Sentinel . ~ .. . u. .,. ....... ..._...._*'...~_,........ ..~:...:_. NOTICE OF NEW REQUIREMENT'FOIfWALL . . ,. .~;...' .,', .: .-.;~._,.:.t:~~),".}l,1-"':'i;..' '~_-~"-' . '\":.,.<.-.'" "'''~''':.J~,;,.. '.1.... ,......., ""'':''''.~..t... _ '~~ NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS WILL HOLD A PUBLIC HEARING FOR'SECOr:m READING ON PRO- , POSED ORDINANCE' 2000-07 THAT WOULD AMEND CHAPTER 20 OF THE CITY CODE, SEe. 20-239, SEe. 20-453, AND SEe. 20-465 TO REQUIRE A SIX (6) FOOT WALL BETWEEN COMMERCIAL OR MULTI-FAM~LY OR REDEVELOPMENT ADJACENT TO A SINGLE FAMILY ZONING DISTRICT OR USE SHALL CON- STRUCT A SIX (6) FOOT WALL BETWEEN SUCH DEVELOPMENT OR REDEVEL- OPMENT AND THE ADJACENT SINGLE FAMILY ZONING DISTRICT OR USE. A WALL SHALL ALSO BE REQUIRED FOR A COMMERCiAL DEVELOPMENT OR, REDEVELOPMENT ADJACENT TO A MULTI-FAMILY ZONING DISTRICT OR USE. THE WALL REQUIREMENTS MAY BE WAIVED OR VARIED BY SPECIAL EXCEP- tION OR DEVELOPMENTS OR REIJEVELOPMENTS 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 EXIST- ING AREA ZONED TOWN CENTER. A PUBLIC HEARING ON THE PROPOSED CHANGE TO SEe. 20-239, SEe. 20-453, AND SEe. 20-465 WILL BE HELD ON APRIL 24,2000 AT 6:30 PM. AT THE WINTER SPRINGS CITY HALL. THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAM- BERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTEREST- ED 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 327.1800 #303. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF TI{ESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT .cOORDINATOR 48 HOURS IN ADVANCE OF THE:MEETING AT' (407) 327-1800 #236, THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE LOCAL PLANNING AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR .sUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDiNGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK A' ..-.._._.~._~- ,- ---'.'--'--... - '_"_"'4'" "m....~ ",.,., ......,,_.,,_...__~__ ..-....-....,,--_..cr ' I: '. -,,, .. .- ' ..:..~ 1'" "--"':=-"" '- ,.." iJ' ..Z:. :f;' ~: i I II r I r............. . ....:-...........-.......... . ., - .:. '11...... ~. n,: ~' "I '/ " ~;~ "T :'11 l.~ :'j . i~+ . "':' ~. ;... '. >t~ . .::"'1 ~, " , r... tC..; . 1:-" ~ 91 r3 ~ en .. ORDINANCE NO. 2000-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGARDING WALL 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-FAMlLY AND SINGLE FAMILY DEVELOPMENTS AND BETWEEN COMMERCIAL AND SINGLE FAMILY AND MULTI- FAMlLY DEVELOPMENTS; , PROVIDING FOR CERTAIN WALl" REQUIREMENTS FOR PROPERTY LOCATED WITHIN AND ALONG THE BOUNDARIES OF THE TOWN CENTER; PROVIDING TECHNICAL CONFORMING CODE AMENDMENTS TO RE- CODIFY SECTION 20-239 AS SECTION 20-434 AND TO CLARLFY 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, Goall, 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, 200l)-07 Page 1 of 6 developments unless appropriate butlers 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. Incorpor'ation 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 stIikeout type indicates deletions,) A. Section 20-239, as set forth below, is hereby repealed in its entirety: An opaque, si,( (G) foot wall, COllstlllcted of concl ete, block 01 otllel durable Illaterial (wood Iiot allowed) cOli1patible witll tIle sUIrourlding alGa, and acceptable to the Developlllellt Review COlluuittee, sl,all be I equired at tl,e time. of devc.lopn''-Ilt OJ redevelopment of COJ1UllCI cially L.olled 01 used plOperty to buff'-I I esidentially L.olled pJope/ty fi0111 conullc/cial activities and uses. This wall is to bG constll1cted by the developer of tile COlll111Clcially used plOperty. 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 WinIcr Springs Ordinance No, 2000-07 Page 2 of 6 construct. at the developer's expense. an opaque wall of six (6) feet in height along the fi.llllength 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, The wall requirements of this section shall apply internally within the boundaries of Town Center. but only to buffer loading docks. service areas. and trash disposal facilities from adiacent single-family or multi-family residential uses. If a wall is required internally within the Town Center the wall requirement may be waived or varied by the Development Review Committee and City Commission pursuant to the special exception criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply 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: All opaque, six (G) foot wall, constlUcted of COIICI ete block 01 othe! dUI able Illatelial (wood 1I0t allo wed) cOlllpatiblc witll tile, SUlJ oUlldillg at ea, and acce,ptabk to the Devdopnlcnt Review Comnlitte,e, shall be, lequiled at the, tilll(~ of development 01 ledcvelopment of cotll1lJetcially zoned 01 used plOperty to buffeJ lesidentially zoned plOpe1t1 fiOlll commelcial activities and use,s. Tllis wall is to be COIlstl ucted by the developel of the col11111elcially used propel t1. 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 shall apply internally within the boundaries of Town Center. but only to buffer loading docks. service areas. and trash disposal facilities from adiacent single-family or multi-family residential uses. If a wall is required City of Winter Springs Ordinance No. 2000-07 Page 3 of 6 internally within the Town Center. the wall requirement may be waived or varied by the Development Review Committee and City Commission pursuant to the special exception criteria and procedure set f0l1h in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes 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: An opaque, six (G) foot wall, constl ueted of concl ete, block 01 othel dUI able IlIatel ial (wood Ilot--aHowed) compatible with the SUII ounding (ll ea, and acceptable to tile Developlllent Revic.w Committc.c, shall be.. lequiled at the timo of developlllellt 01 ledovelopment of eonlllIelcially zoned 01 used DIODelty to bUffel I esidelIt;cdly zoned plOperty fi 0111 COil ill lei cial acti v ities alld uses, This wall is to be COIlStl ueted by tile developel of the eOlnlllel cially used plODel ty , 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 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. 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 shall apply internally within the boundaries of Town Center. but only to buffer loading docks. service areas. and trash disposal facilities from adiacent single-family or multi-family residential uses. If a wall is required internally within the Town Center, the wall requirement may be waived or varied by the Development Review Committee and City Commission pursuant to the special exception criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the existing area zoned Town Center. City or Winter Springs Ordi nance No, 2000-()7 Page 4 of 6 Section 3, Repeal of Pr'ior 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. Incor'poration 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 May , 2000. ATTEST: . i' J ' . I" 1/ i -. ..' '~.t,-- ~~_ - Andrea L~D~!lZO~ uaces, City Clerk City of Winter Springs Ordinance No. 2000-07 Page 5 of 6 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: ttorney First Reading: March 13, 2000 Second Reading: May 8, 2000 Effective Date: May 8, 2000 City or Winter Springs Ordinance No, 2000-07 Page 6 of 6