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HomeMy WebLinkAboutOrdinance 2000-07 Wall Buffers 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 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 FAMILY DEVELOPMENTS AND BETWEEN COMMERCIAL AND SINGLE FAMILY AND MULTI- FAMILY 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 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!, 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 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 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 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: 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 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 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: 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 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 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 oftms 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: All opaque, STh. (G) foot wall, cOllstruGted of concrete, block or other durable material (wood not allowed) compatihle hith the sUlllJunding mea, and acceptable to the Dc'velopment Review Committee, shall be required at the time of developmel1t or redevelopment of commercially z:onc,d or used property to buffer residentially zoned property from commercial activities and uses. This wall is to be COl1stmcted by the developer of the commercially 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. 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 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 oftms 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 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 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 8th day of May ,2000. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, 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: Anthony a. Garganese, City Attorney 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 NOTICE OF NEW REQUIREMENT FOR WALL NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WILL 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 SEC. 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 l'vlAY 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 327-1ROO #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. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE LOCAL PLAN- NING AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEED- INGS, 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. ( I L~J{ ANDREA LO CITY CLERK