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Home My WebLink About2005 01 05 Public Hearing 403 Ordinance 2005-05 Amends Chapter 9PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 403 January 5, 2005 Meeting REQUEST: Consent Informational Public Hearing x Regular City Attorney's office requests the Planning and Zoning Board/LPA review Ordinance 2005-OS and provide its comments and recommendations to the City Commission. PURPOSE: Ordinance 2005-OS amends Chapter 9 of the City's Code of Ordinances by amending the general requirement that all utility service lines be placed underground. Additionally, the ordinance adds a new section to the code requiring that property owners developing or redeveloping real property along S.R. 434 and/or Tuskawilla Road underground the already existing utility service lines which front their property. Conforming amendments to Chapter 20 were also made, ensuring that Chapter 9 provide the sole directives regarding the undergrounding of utility lines. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act. 2. Chapter 9, Land Development, City Code. 3. Chapter 20, Zoning, City Code. CONSIDERATIONS: Page 1 of 2 The Code currently requires that all newly installed utility service lines be installed underground. This ordinance makes undergrounding of already existing utility service lines a condition of developing or redeveloping real property along S.R. 434 and/or Tuskawilla Road. 2. The undergrounding provisions currently included in Chapter 20 for the Greeneway Interchange, New Development Area, and Redevelopment Area Districts are repealed by this ordinance. Sections 9-104 and 9-108 will govern the underground installation of all utility service lines within the City. 3. Underground and aboveground utility services lines have are known to be equally reliable. 4. Requiring placement of utility service lines underground will ensure the lines are less susceptible to natural hazards such as wind damage; additionally, underground lines will be unaffected by the-risks associated with collisions and other accidents. Requiring utility service lines to be placed underground will improve the aesthetic quality of the City of Winter Springs. STAFF RECOMMENDATION: City Attorney recommends the Planning and Zoning Board/LPA recommend approval of Ordinance 2005-OS to the City Commission. ATTACHMENT: Ordinance 2005-05. COMMISSION ACTION: Page 2 of 2 ORDINANCE NO. 2005-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 9, LAND DEVELOPMENT, OF THE CITY CODE; AMENDING THE EXCEPTIONS TO THE GENERAL REQUIREMENT THAT UTILITY SERVICES BE INSTALLED UNDERGROUND; REQUIRING PROPERTY OWNERS OF REAL PROPERTY FRONTING STATE ROAD 434 AND/ORTUSKAWILLA ROAD TOUNDERGROUNDALREADY-EXISTING UTH,ITY LINES AT THEIR OWN EXPENSE; PROVIDING THAT THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR CONTACTING THE UTILITY COMPANIES TO ARRANGE UNDERGROUNDING IN ACCORDANCE WITH THE UTILITY'S ESTABLISHED POLICY; PROVIDING THAT ANY EASEMENTS REQUIRED TO ALLOW THE UNDERGROUNDING OF THE UTILITY LINES BE GRANTED TO THE SERVICE PROVIDERPRIORTO THE ISSUANCE OF A BUILDING PERMIT; CONDITIONING CERTIFICATES OF OCCUPANCY ON COMPLIANCE WITH SAID UNDERGROUNDING REQUIREMENTS; MAKING CONFORMING AMENDMENTS TO CHAPTER20,ZONING, WITH REGARD TO THE GREENEWAY INTERCHANGE ZONING DISTRICT, AND THE NEW DEVELOPMENT AREA AND THE REDEVELOPMENT AREA OF THE S.R. 434 CORRIDOR VISION PLAN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise anypower for municipal purposes, except when expresslyprohibited by law; and WHEREAS, the City Code currently requires that any new or relocated utility service lines be located underground; and WHEREAS, the City Commission desires to improve both the safety and the aesthetic quality of the City of Winter Springs byrequiring that developersundergroundalready-existing utility lines located along State Road 434 and Tuskawilla Road; and City of Winter Springs Ordinance No. 2005-05 Page 1 of 7 WHEREAS, the reliability of underground utility lines is comparable to that of aboveground utility lines; and WHEREAS, aboveground lines generally have more exposure than underground lines to wind damage or collisions; and WHEREAS, requiring undergrounding of existing utilitylines wouldpromote and improve the beautification and aesthetic quality of the City of Winter Springs; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoingrecitalsareherebyincorporatedhereinbythis reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 9, Land Development, and Chapter 20, Zoning, are hereby amended as follows: underlined type indicates additions and sttilteo~tt type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapters 9 and 20. It is intended that the text in Chapters 9 and 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 9. LAND DEVELOPMENT *** ARTICLE III. DESIGN STANDARDS DIVISION 1. GENERALLY *** Sec. 9-104. Utility services to be underground, exceptions. (a) Except as provided herein, or as prohibited by law, all utility services shall be installed underground, including electric power, telephone, cable television, fiber optic, traffic control and City of Winter Springs Ordinance No. 2005-OS Page 2 of 7 other services of like nature. (b) Utility lines and appurtenances thereto maybe installed above r~provided the city determines that soil, topographical or any other com ep lling conditions related to the subject property would make it impracticable or unreasonable to install the utility lines or appurtenances underground. nr.~r. ~** Sec. 9-108. Developers Required to Underground Existing Offsite Utility Lines Along State Road 434 and/or Tuskawilla Road. ~ Anypropertyownerdevelo~in>?orredeveloping_realproperiywhichfrontsStateRoad434 and/or TuskawillaRoadwithinthe ciiylimits ofthe City of Winter Sprin~Lshall be required to unde~ound, at their own expense any se~anent of the already-existing offsite utility lines which runs along theproperty and appurtenances thereto unless it is deternuned by the city commission durin thg_e siteplanreview process that soil topo~raphicalLor any other compelling conditions related to the subj ect property make the underground installation of such utility lines as prescribed herein unreasonable and impracticable. bL2 It shall be the property owner's responsibility to make the necessar~ang~~ements to install the utility lines underground with each utility in accordance with the utility's established policy. ~ The necessarxeasements to allow the utility companies access and service to such utilitylines and appurtenances shall be dedicated to the service provid~erby the property owner prior to issuance of a building permit. Certificates of occ~ancy shall not be issued until construction ofthe underground utilities has been completed or a performance bond has been provided to the city guaranteeing said construction. City of Winter Springs Ordinance No. 2005-OS Page 3 of 7 *** CHAPTER 20. ZONING *** ARTICLE III. ESTABLISHMENT OF DISTRICTS * ,~ DIVISION 13. GREENEWAY INTERCHANGE ZONING DISTRICT *** Sec. 20-338. Etility-liiter. Reserved. imgr<tcticalr2e- ,~~* ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN City of Winter Springs Ordinance No. 2005-OS Page 4 of 7 *** DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA *~* Sec. 20-471. ~}~iility-liner. Reserved. > > *~* DIVISION 3. GENERAL DESIGN STANDARDS FOR REDEVELOPMENT AREA *** Sec. ZO-487. I3tilit~-liaes: Reserved. City of Winter Springs Ordinance No. 2005-OS Page 5 of 7 > > > > Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Commission, orparts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision ofthis Ordinance is for anyreasonheld invalid orunconstitutional by any court ofcompetent 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 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and anyheading maybe changed or modified as necessary to effectuate the foregoing. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2005. JOHN F. BUSH, Mayor City of Winter Springs Ordinance No. 2005-OS Page 6 of 7 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. 2005-OS Page 7 of 7