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HomeMy WebLinkAboutOrdinance 215 Site Plan Review Board ORDrnANCE NO. 215 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTIONS 44.70.10, 44.70.11, 44.70.12,44.70.13, 44.70.14, 44.70.15, 44.70.16, 44.70.17, 44.70.18 AND 44.70.19 OF THE WINTER SPRINGS CODE OF ORDINANCES ALL PERTAINING TO THE SITE PLAN REVIEW BOARD; TO PROVIDE FOR THE ADOP- TION OF SECTIONS 44.23, 44.23.1, 44.23.2, 44.23.3, 44.23.4, 44.23.5, 44.23.6, 44.23.7 AND 44.23.8 CREATrnG AND ESTABLISHING THE SITE PLAN REVIEW BOARD; REQUIRING THE PREPARATION, PRESENTATION AND APPROVAL OF sm PLANS FOR IEVELOPMENT OF LANDS AND THE CONSTRUCTION OF IMPROVEMENTS OF ALL PARCELS OF LAND EXCEPT SINGLE FAMILY DWELLINGS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, SECTIONS 44.70.10, 44.70.11, 44.70.12, 44.70.13, 44.70.14, 44.70.15, 44.70.16,44.70.17, 44.70.18, AND 44.70.19 have become outdated, and; WHEREAS, the Site Plan Review is a necessary process which encourages orderly development and assures the best interests of the citizens by providing adequate planning for the development of properties within the City of Winter Springs, Florida; and WHEREAS, the City Council of the City of Winter Springs, Florida, deems it necessary to establish procedures and guidelines for the review of site plans for the development of all parcels of property to be improved within the City of Winter Springs, Florida, except single family dwellings, in order that the following objectives shall be attained: 1. To assure that the planned project is in conformity with the goals and objectives of Winter Springs' Comprehensive Plan. 2. To assure that the planned project is compatible with the surrounding area and that it will serve to enhance the general character of that area and the City and it will serve to maintain and enhance locally recognized values of community appearance and design. 3. To assure that safe, adequate provisions are made for vehicular traffic access, ingress, egress, internal circulation and parking, traffic control, pedestrian movement and safety, emergency vehicle access, and trailered equipment storage. 4. To assure that adequate screening and buffering details will be provided between the planned project and contiguous properties. 5. To assure that adequate provisions are planned for utilities; drainage; and all public services, including garbage/refuse collection, delivery service, postal service, maintenance services, loading and unloading, utility and exterior lighting and other services necessary to the maintenance of the health and welfare of the residents of the project. 6. To assure that adequate provisions have been made for light, air, access and privacy in the arrangement of buildings as they relate to other improvements, to public roads and streets, to internal roads and parking areas, to recreation areas and sidewalks, and to contiguous properties. 7. To assure that the natural qualities and characteristics of the land will be preserved, and that the project site will be appropriately landscaped and provisions established for the maintenance of same. 8. To assure that adequate setbacks will be provided within the planned proj ect and that provisions are made for the supervision and maintenance thereof. 9. To assure that the aesthetic and architectural details of the planned proj ect are corrpatible with the surrounding area and serve to enhance the character of that area. 10. To assure proper coordination between all agencies of goverrnnent in regulating such site development. WHEREAS, a lack of proper regulation and coordination of the development of land within the corporate limits of the City of Winter Springs, Florida, could constitute a hazard to the general welfare and safety of the citizens and property of Winter Springs, Florida; and WHEREAS, the City Council of the City of Winter Springs, Florida, has determined it to be in the best interests of the City of Winter Springs, Florida, to repeal Sections 44.70.10, 44.70.11, 44.70.12, 44.70.13, 44.70.14, 44.70.15, 44.70.16, 44.70.17, 44.70.18, and 44.70.19 of the Winter Springs Code of Ordinances or to allow for adoption of a current and more effective Sections 44.23, 44.23.1, 44.23.2, 44.23.3, 44.23.4, 44.23.5, 44.23.6, 44.23.7, and 44.23.8 of the Winter Springs Code of Ordinances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: Section I - That Sections 44.70.10, 44.70.11, 44.70.12, 44.70.13, 44.70.14, 44.70.15, 44.70.16, 44.70.17, 44.70.18, and 44.70.19 of the Code of Ordinances of Winter Springs are hereby repealed. Section II - That new Sections 44.23, 44.23.1, 44.23.2, 44.23.3, 44.23.4, 44.23.5, 44.23.6, 44.23.7, and 44.23.8 of the Code of Ordinances of Winter Springs, Florida, is hereby created to read as follows: Section 44.23 - Site Plan Review Board - Creation. There is hereby created a Site Plan Review Board for the City of Winter Springs, Florida. Section 44.23.1 - Purpose; Composition. The purpose of this board is to ensure compliance with adopted development standards and the Code of Ordinances. The board shall be composed of the City Manager, Building Official, Fire Chief, Police Chief, and any other pertinent department heads or consultants as designated by the City Manager. The City Manager shall serve as Chairman and appoint a board member as Vice-Chairman to serve in his absence. Section 44.23.2 - Clerical Support and Records. The City shall provide the Board such clerks, stenographers and assistants as the City Manager may deem necessary and responsible. The City shall provide a secretary to keep the Minutes of the Board's proceedings; serve all notices directed by the Board; maintain Site Plan Review Board service records and files; preserve all reports and correspondence; and perform such other related duties as directed by the Site Plan Review Board. All permanent records of the Site Plan Review Board shall be kept in the custody of the City Clerk of the City of Winter Springs, Florida. Section 44.23.3 - Meetings. All meetings of the Board shall be open to the public and the Board shall meet upon call of the Chairman or Vice-Chairnlan in the absence of the Chairman. Public notice of a meeting shall be posted on the public bulletin board at the City Hall three (3) days before a scheduled meeting. Section 44.23.4 - Procedures, Regulations and Fees. Complete records of all proceedings shall be kept. Procedures, regulations and fees relating to site plans not inconsistent with the provisions of this Ordinance may be established by the City Council from time to time by applicable administrative procedure or resolution. Such procedures, regulations and fees as then established shall be adhered to as if same were specifically set forth in this Ordinance. Section 44.23.5 - Prohibitions. Except that used for a single family dwelling, no parcel of land within the City of Winter Springs, Florida, shall be developed or improved by construction of any nature without a site plan having been first submitted, reviewed and approved as herein set forth, said approval to be valid for a period not to exceed one (1) year. Upon receipt of written application, the Board may extend the aforesaid approval for a period not to exceed six (6) months. If development has not commenced within one (1) year from the date of approval, or within any extension period authorized by the Board, the approval of the site plan originally submitted shall be considered null and void and no development or improvement of any nature may take place until such time as a site plan is resubmitted for review and approval as set forth in this Ordinance. No building permit shall be issued by the City until the site plan has been finally approved by the Board or the City Council when applicable. No work of any nature shall commence on the property until a building permit has been issued, except with the express approval of the Board or the City Council when applicable. Section 44.23.6 - Duties - General. Any person, firm, corporation, partnership, legal entity or combination thereof desiring to develop or improve any parcel of land as provided for in this Ordinance shall first submit to the Board a site plan. Such site plan shall be reviewed for compliance with all city ordinances, for conformity with the Winter Springs' Comprehensive Plan, for compatibility with locally recognized values of community appearance and design, for conformity with the guidelines established by the City Council concerning vehicular traffic access, ingress, egress, internal circulation, parking, concerning emergency vehicle access and concerning pedestrian movement; for assurances of satisfactory utility service for the health and welfare of the conmunity; to assure compatibility with other improvements and the need for adequate light, air, access and privacy; to assure that the natural qualities and characteristics of the land will be preserved, and that the project site will be appropriately landscaped and provisions established for the maintenance of same; to assure that adequate setbacks will be provided within the plarmed project and that provisions are made for the supervision and maintenance thereof; and to assure that the aesthetic and architectural details of the plarmed project are compatible with the surrounding area and serve to enhance the character of that area. The site plan shall be reviewed by the Board and approved, disapproved or properly referred by such Board in accordance with the results of its review. Section 44.23.7 - Appeals. Any person aggrieved by a decision of the Board may appeal such decision to the City Council within thirty (30) days after notice of such decision. Upon appeal, the City Council shall review the decision of the Board within fourteen (14) days and approve, modify or disapprove such decision. The decision of the City Council on appeal shall be final, provided any person aggrieved thereby may seek judicial relief as provided by law. Section 44.23.8 - Penalty for Violation. Any person or persons, firm or corporation, violating any of the terms and/or provisions specified within this Ordinance or failing to comply with any order issued pursuant to any section hereof, shall be, upon conviction, guilty of a misdemeanor; and upon conviction of such misdemeanor, shall pay a fine of not more than Five-Hundred and No/lOO ($500.00) Dollars for each offense. Each day that a violation occurs or is permitted to exist shall constitute a separate offense hereunder. The developer, owner or tenant of any building or structure, parcel, premises or any part thereof, and any architect building contractor, corporate officer, agent or other person who commits, participates in, assists in or maintains that which is a violation of this Ordinance shall be classified as a principal in the first degree and shall be found guilty of a violation of the terms of this Ordinance and suffer the penalties herein specifically provided. Nothing herein contained shall prevent the City of Winter Springs, Florida, from instituting and taking such other legal action at law or in equity as is from time to time necessary, in order to prevent or remedy any violation of the rules, conditions, covenants stipulations or terms of this Ordinance. Section III - Severability. If any section or portion of a section of this not ordinance proves to be invalid, unlawful, or unconstitutional, it shall/oe held to invalidate or impair the validity force or effect of any other section, or portions of a section, or subsection, or part of this ordinance. Section IV - Conflicts. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section V - Effective Date. This Ordinance shall take effect immediately upon final passage and adoption. PASSED and ACCEPTED this 13 day of May, 1980. CITY OF WINTER SPRINGS, FLORIDA By: TROY J. PILAND, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING Apr, 1980 by title only SECOND READING May 13, 1980 THIS ORDINANCE WAS POSTED 9th DAY OF Apr 1980 Mary T. Norton Signed City Clerk TE LEPHONE (305) 327.1800 ,.-.. - April 10, 1980 The Evening Herald P. O. Box 1657 Sanford, Fl. 32771 Dear Sirs: Enclosed please find Notices of Public Hearings (3) for the City of Winter Springs, Florida, to be published one tbne as soon as possib lee ~~. ~/3 ,;( / "-/ ;t " .s- Please send invoice and proof of publications to this office. Thank you. Yours very truly, CITY OF WINTER SPRINGS Mary T. Norton, City Clerk .... ~ ... ... - ,- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing on Tuesday, M ay 13, 1980, at 7:30 p. m. or as soon thereafter as possible, to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINl'ER SPRINGS, FLORIDA, REPEALING SECTIONS 44.70.10, 44.70.11, 44.70.12, 44.70.13, 44.70.14, 44.70.15, 44.70.16, 44.70.17, 44.70.18 AND 44.70.19 OF THE WINTER SPRINGS CODE OF ORDINANCES ALL PERTAINING TO THE SITE PLAN REVIEW BOARD; TO PROVIDE FOR THE ADOP- TION OF SECTIONS 44.23, 44.23.1, 44.23.2, 44.23.3, 44.23.4, 44.23.5, 44.23.6, 44.23.7 AND 44.23.8 CREATING AND ESTABLISHING THE SITE PLAN REVIEW BOARD; REQUIRING THE PREPARATION, PRESENTATION AND APPROVAL OF SITE PLANS FOR DEVELOPMENT OF LANDS AND THE CONSTRUCTION OF IMPROVEMENTS OF ALL PARCELS OF LAND EXCEPT SINGLE FAMILY DWELLINGS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interested persons are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a news- paper of general circulation of the City, one (1) tUne at least fifteen (15) days prior to the time of the public hearing. Dated this 10th day of April, 1980. CITY OF WINTER SPRINGS, FLORIDA By: ~1/. ~ Mary . Norton, City Clerk Evening Herald An Independent Newspap€f SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared...........,............... . , , . Huttl. . F.~ . .Rowl.~Y. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . who on oath says that he is . '" .QfO.C::!3. .~.<?I}.c:m.~~............. . .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a. ... . .. . . .. ~.I?9.l?~.. ~.qt.~ ~.E!. .. .... .. . ...... . .. .. . . .. ..in the matter of . .Publ.1 C. . He a:r:ing. .rp. ~ . .0 no l.l\lB.l\ll;::.E; . Rf;:P.~f\l:).r~~ . ~.~~X~.L!f~~ . P~. .~~P~. . . . . .OF. . O.RO.~N~N.Gf;:R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the. . . . . . qi :rcu.~ ~. Court, was published in said newspaper in the issues of............................... . . . . . . '" ,................ .Apri.l. .18.,.. .J,9.~O..... ...... .................. ................ Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously pUblished in said Seminole Count~ Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . ~.~~.tuay of .. ./.:<~--)......... .':\~~.~.. .A. D. 19.~~ :~~<;.:;ft~:~P~bli; t, My commission expires June 12, 1983 ,Bonded with Lawyers Surety Corp. . CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN I by the City Council of the City of I Winter Springs, Florida, .that sa id City Council will hold a publiC hearing on Tuesda.y, May 13, 1980, at 7:30 p.m. or as soon thereafter as possible, to consider an Or. dinance entitled as follows: AN ORDI NANCE OF TH E CI.TY OF WINTER SPRINGS, FLORIDA, REPEALING SEe TIONS 44.70.10, 44.70.11, 44.70.12, 44.70.13,44.70.14'44.70.15,44.70.16. 44.70.17. 44.70'18 AND 44.70.19 OF THE WINTER SPR.INGS CODE OF ORDINANCES ALL PERTAINING TO THE SiTE PLAN REVISW BOARD; TO PROVIDE FOR THE ADOPTION OF SECTIONS 44.23, 44.23.1, 44.23.2, 44.23.3, 44.23.4, 44.23.5, 44.23.6, 44.23.7 AND 44.23.8 CREATING AND ESTABLISHING THE SITE PLAN REVIEW BOARD: REQUIRING THE PREPARATION, PRESEN TATION AND APPROVAL OF SITE PLANS FOR DEVELOP MENT OF LANDS AND THE CONSTRUCTION OF 1M PROVEMENTS OF ALL PAR CELS OF LAND EXCEPT SI NGLE FAMILY DWELL! NGS; P R.O V I DIN GF 0 R SEVERABILI TY, CONFLICTS AND EFFECTIVE DATE. A copy of said Ordinance shall be avail.ableat the ,9ff"ice of the City cieri<: 'of the Cil'Y" of Winter Springs, Florida, for all persons desiring to examine same. All Interested persons are in. vited to attend and be heard. THIS NOTICEis to be publiShed in the!=vening Herald, a newspaper"of general circulation of theCit~, one (l) time at least fifteen (l5rj~Ys prior to' the time of ttie publl~ hearing. Dated thi~~lOth' day of April, 1980." " CITY OF WINTER SPRINGS, FLOR IDA By: Mary T. Norton, City Clerk Publish: Apri1 18, 1980 DEU.76 ""