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Home My WebLink About2000 05 08 Public Hearings B Second Reading - Ordinance 2000-07 Multi-Family and Single Family Developments COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular May 8. 2000 Meeting ~ #n Mgr, / e t. Authorizati n 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 and to developments located on the edge of the Town Center District. A waiver of the specific 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 ofthis 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. A waiver of the specific 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. 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 CDD/April28, 2000/1:36 PM MAY 8, 2000 PUBLIC HEARING AGENDA ITEM B Page 2 That Section 20-239, as set forth below, be repealed in its entirety: An opaque, six (6) foot wall, oonstrneted of oonorete, blook or other dmable material (wood not allovled) oompatible with the slHTounding area, and aooeptable to the De',elopmeRt Re';iew Committee, shall be required at the time of developmem or rede',elopment of oommeroially zoned or used property to buffer residemially zoned property from eommeroial activities aDd uses. This '.vall is to be oonstruoted by the developer of the eommeroially 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. CDD/ApriI28, 2000/1 :36 PM MAY 8, 2000 PUBLIC HEARING AGENDA ITEM B 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 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 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 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 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. COD/April 28, 2000/1 :36 PM MAY 8, 2000 PUBLIC HEARING AGENDA ITEM B Page 4 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 and to developments located on the edge of the Town Center District. 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 May 8, 2000. ATTACHMENT: A. Ordinance 2000-07 B. Advertisement for April 14, 2000 COMMISSION ACTION: CDD/Apri128, 200011:36 PM ATTACHMENT A ORDINANCE NO. 2000-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORfDA, REGARDING WALL BUFFERS BETWEEN COMMERCIAL AND RESIDENTLAL 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 FAMllN DEVELOPMENTS AND BETWEEN COMMERCIAL AND SINGLE FAMILY AND MULTI- FAMILY DEVELOPMENTS; , PROVIDING FOR CERTAINWALL REQUffiEMENTS 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 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, U,., 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 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 1 of 6 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 TIlE CITY COMMISSION OF THE GITY 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, s;x (G) foot wall, constwctc.d of concl ete, block 01 otller durable nlate1ial (wood not allowed) cOlllpatible with the SUIlOUlldillg area, and acceptable to the Development Review Committee, shall be required at the time of devdopruent or I edevelopment of COmmc.I cially L.olled 01 used PI oper ty to buffei I c.sidentially zoned pi operty flam commel cial acti v ttles a.nd uses. This wall is to be COlist1 tIcted by the developeI ortlle conuuelcially used pIopeIty, 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 6 constlllct. 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. 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 intemally 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 Cent~r 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: A.h opaque, six (G) foot wall, constlUcted Ofcollclete block 01 otllel dUl able Illatel ial (wood not allowed) cOlllpatible witll tile. SUIl ounding al ea, ,uld acceptable to the Developnlent Revicw Conll1litte.c, shall be I equil ed at tile tillle. of development 01 ledeveloplllent of commelcia1ly zOlied 01 used plOpelty to butTel residelitially zOhed propel t)l fi Ohl COI1lIi1CI cial acti v ities alld USGS, Tllis wall is to be cOllstlUcted by the developel of the COlillllel cially 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 shall apply internally within the boundaries of Town Center, but only to buffer loading docks. service areas and trash disposal facilities from adjacent 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 forth in the Town Center District Code, The wall requirements of this section shall also apply alonf: the boundary of property that also constitutes the outer perimeter of the existinf: 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, constJUcted of cOlIcrete, block 01 othel durable llIatelial (wood not allowed) cowpatible with tile sUl1oLilJdil1g <lIea, alid acceptable to tile Development Review COlllmitte.e., shall be. 1 equil cd at tile tilne of developl11elIt 01 I edevelopment of conlll1ercially zoned 01 used pi opel ty to buffel residelJtially zOlled pIOpelt)' frOlu COIlIIllelcial activitie.s alId uses, This wall is to be GOl1stlUctcd by the developer of the COlIl1llel cially used propel t y. 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 ofthis section shall also apply along the boundary of property that also constitutes the outer perimeter of the existing area zoned Town Center. City of Winter Springs Ordinance No, 2000-07 Page 4 of 6 Section 3, Repeal of P,'io," 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 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: '..... ~ , \ r {' ! r Y J'-.l~ ~~__ - Andrea ~~~!..IJZO~ 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 WTNTER SPRINGS ONLY: ttorney First Reading: March 13, 2000 Second Reading: May 8, 2000 Effective Date: May 8, 2000 City of Winter Springs Ordinance No, 2000-07 Page 6 of 6 l \ ATTACHMENT B .~: Jbrin"K6€~ig' makes -ri ius ousiniiss- iO snare 'lnslgm ana analysIs on Ine eve' Monday in CFB and throughout the week in Business, , The Orlando Sentinel IS views ..: , . ". .: ....,~._.:\I:~:~.;tA-::.~.li-: ".6'" ~ 1 ....: .', ~ ""~"'~t: :,.,. ...... ,. .., ......, ,.~.. .1.' .t.....,.lf...hl' .... ._..........~ _. .-......-.. NOTICE OF NEW REQUIREMENT FOlfwALL '" NOT[CE [S HEREB Y GIVEN THAT THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS WILL HOLD A PUBUC HEARING FORSEC'OND READING ON PRO- POSED ORDINANCE2000-07 THAT WOULD AMEND CHAPTER 20 OF THE CITY CODE, SEC, 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 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 WA.LL IS REQUIRED ALONG THE BOUNDARY OF PROPERTY THAT ALSO CONSTITUTES THE OUTE.R 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, I [26 EAST STATE ROAD 434, WINTER ! SPRINGS, FLORIDA, FOR MORE INFORMATION CALL 327-1800 #30J I i PERSONS WITH DIS'ABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY I OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT .cOORDINATOR 48 HOURS IN ADVANCE OF TIiE: MEETING AT' (407) 327-[800 #236, , THIS IS A PUBUC 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 i UPON WHICH THE APPEAL IS TO BE BASED, ANDREA LORENZO-LUACES CITY CLERK y: ~ ~ (ij -.. . . --"--.-...-.. ..... , "-..-, ._-:-- .. -" ---- ..._..1.. r I, ._~---- ",..' Ii r,- ..~ -. .--'---...-----'- .f ~' .:;;' " " ~:; ;. ",. ,.~ ", -, .~~ '. :..~. :::~ r~" ;... ~~~- '--~