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HomeMy WebLinkAbout2005 01 10 Public Hearings Item 400 Ordinance 2005-05, Amends Chapter 9 -adds new section 9-108 COMMISSION AGENDA ITEM 400 Consent Informational Public Hearing X Regular January 10. 2005 Meeting Mgr. / REQUEST: The City Manager and City Attomeyrequest that the City Commission approve on First Reading Ordinance 2005-05, which amends the City Code's requirement that utility lines be placed underground, and also requires undergrounding of utility lines along S.R. 434 andlor Tuskawilla Road by property owners developing or redeveloping property along those designated areas. PURPOSE: Ordinance 2005-05 amends Chapter 9 of the City's Code of Ordinances by amending the requirement that all utility service lines be placed underground and by limiting the exceptions to this general requirement. Additionally, the ordinance adds anew section, 9-108, to the code requiring that property owners developing or redeveloping real property along S.R. 434 andlorTuskawillaRoad underground the already existing above-ground 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: 1. Florida Municipal Home Rule Powers Act. 2. Chapter 9, Land Development, City Code. Page 1 of 2 3. Chapter 20, Zoning, City Code. CONSIDERATIONS: 1. The Code currently requires that all newly installed utility service lines be installed underground. This ordinance limits the exceptions to this general requirement and 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 undergroundingprovisions 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included in Chapter 20 for the Greeneway Interchange, New Development Area, and Redevelopment Area Districts are repealed by this ordinance.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 above-ground utility services lines have are known to be equally reliable. 4. Requiringplacement of utility sernce 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. 5. Requiring utility service lines to be placed underground will improve the aesthetic quality of the City of Winter Springs. STAFF RECOMMENDATION: Ordinance 2005-05 was presenting to the LP A for its review and recommendation on January 5, 2005. The LP A's recommendation and comments will be available to the Commission at the City Commission Meeting on January 10, 2005. The City Manager and City Attorney recommend approval of Ordinance 2005-05. ATTACHMENT: Ordinance 2005-05. COMMISSION ACTION: No prior action has been taken by the Commission at this time. 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/OR TUSKA WILLA ROAD TO UNDERGROUND ALREADY-EXISTING UTILITY 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 UNDERGROUNDINGOFTHE UTILITY LINES BE GRANTED TO THE SERVICE PROVIDER PRIOR TO THE ISSUANCE OF ABUILDING PERMIT; CONDITIONING CERTIFICATES OF OCCUPANCY ON COMPLIANCE WITH SAID UNDERGROUNDING REQUIREMENTS; MAKING CONFORMING AMENDMENTS TO CHAPTER 20, 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 Vill, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Code currently requires that any new orrelocated 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 by requiring that developers underground already-existing utility lines located along State Road 434 and Tuskawilla Road; and City of Winter Springs Ordinance No. 2005-05 Page 1 of? 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 utility lines would promote and improve the beautification and aesthetic quality ofthe 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 foregoing recitals are hereby incorporated herein by this 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 stri:kc,ont type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance oftext 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 lIT. DESIGN STANDARDS DIVISION 1. GENERALLY *** Sec. 9-104. Utility services to be underground, exceptions. (a) Except as provided herein, or as prohibited bv 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. 2005-05 Page 2 of 7 other services of like nature. (b) Utility lines and appurtenances thereto may be installed above ground provided the city determines that soil. topographical or any other compelling conditions related to the subiect property would make it impracticable or unreasonable to install the utility lines or appurtenances underground. lndi v idualsel v ice connectionline5 to buildings shall be insta:llcd tmdelgtottnd unkss e v idcncc is submitted to the city staff that some compelling factoI pI ec1udes snch undel g,t ound installation. (e) III areas WI1{,le.1ots are one (1) aCleOl gteatcr insizc., the cit)> staffmay waive lequnements fO! nude! gt ouud installation of utiliry sel v iee.s. (d) Main disttibution lines bringing Set v ke to the development, and being installed on the perimeter of the de v e1opmc.nt 01 segmcnt ofthc. de v clopment, may be .installed abo vcgtound upon approval of the. city staff. *** Sec. 9-108. Developers Required to Underground Existing Offsite Utility Lines Along State Road 434 and/or Tuskawilla Road. 1& Any property owner developing or redeveloping real propertvwhich fronts State Road 434 and/or TuskawillaRoad within the city limits of the City of Winter Springs shall be required to underground. at their own expense. any segment of the already-existing offsite utility lines which runs along the property and appurtenances thereto. unless it is determined by the city commission during the site plan review process that soil. topographical. or any other compelling conditions related to the subiect property. make the underground installation of such utility lines as prescribed herein unreasonable and impracticable. .Qll It shall be the property owner's responsibility to make the necessary arrangements to install the utility lines underground with each utility in accordance with the utility's established policy. .cu The necessary easements to allow the utility companies access and service to such utility lines and appurtenances shall be dedicated to the service provider bvthe property owner prior to issuance of a building permit. @ Certificates of occupancy shall not be issued until construction of the underground utilities has been completed or a performance bond has been provided to the city guaranteeing said construction. City of Winter Springs Ordinance No. 2005-05 Page 3 of 7 *** CHAPTER 20. ZONING *** ARTICLE III. ESTABLISHMENT OF DISTRICTS *** DIVISION 13. GREENEWAY INTERCHANGE ZONING DISTRICT *** Sec. 20-338. Utility lines. Reserved. All ne ~ Oil docatcd utili~ lines w!thin the distIict shall be. COll'StI tlctcd aud nlstal1cd beneath the stl1facc onhe gIotl11d tm1css it is detcnnincd by the city that soil, topogIaprncal, OI any otilel compelling conditions, make tile. 1:l11delgIomd nlStallation of such utility lines as plCSClibcdhercnl tm1e.asonable and impracticable.. (1) It 5hall be the de v elopel '51 esponsibiliry eJn-site. to make the. ne.cessa:ry anangcment ~ ith cach utilit) ill accOId&'lCG ~ith the. utility's establi5he.d poliGj'. (2) The Ulldc,lgJ. Otllld installation ofinclcknta:l appnrte.l1ances, Stl(,h as tr ausroll110! bOX~5, 5 w itGh boxes, pcdGstal mounted boxC5 fot 13.1(, pi 0 v ision of dc.c.tricity shall not be. 1 cq till cd. IIo w c. v C1, Mch app urtcnances ~hc!c llohel1ooed tlnptactical by the dctcnnination of the city shall be installed on the. site. of any dov elopment appto ved aftc.! the. adoption of tins section. The ne.ce.ssat) caseme.nts to allo ~ the. utility eompat'ry ac,cess and 501 v ice to such appm'tenanee.s shall be dedicated to the 5CI vice plOvidcr by thc developer plior to isstlanG.e of a building pelmit. (3) All transrol1ncIs ands~itchboxcsrdated to dcvdopmentappIovcdaftcr tile adoption of this section shall be. sct back a mirrimmn of fifteen (15) feet from any Iight-of- ~;ry and visually sc.rcencd using landse.apc materials or masonry Gon5tmetion in conformance ~itil tilCSC land de. v dopment Icgnlatiolls. *** ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN City of Winter Springs Ordinance No. 200S-0S Page 4 of 7 *** DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA *** Sec. 20-471. Utility lines. Reserved. All ne.w 01 I doeatcd utility lines Withitl the. dc.signatcd cOl1idor shall be consu uetcd and installed bcne.atIl the. swfac.e. "fthe gIotmd tmless it is determined by thE city that soil, topogIaphieal, or any othel compelling conditions, make the. tmdcIgIonnd installation of 5tlch tttility lines as pre.sclibed hClein tl1i1easolHl.b1c and i.1nplac.ticab1c. (1) It shall be. tile de v dopel 's I "spon'Sibility ol1-sit" to make tile necessary arrangement with e.ac.h utility in accordanc.c WitIl the. utility's e.stablished policy. (2) The undCIgIom1d installation ofincidcntal apptlttGIlatK,C5, StlCh as llalls.fo1i1iCI boxcs, sw itch boxes, or pedcstal mo wrted boxes f01 tile. pI 0 ~ i51011 of electric.ity shall not be I c.quilC,d. IIo w e. v er, such appllrtenances whele !lot rendered imprac.tie.a1 by the dc.tc.I.rninatioll oHhe city shall be installed on the site of any de v clopmcnt appro v ed aftel the. adoption of this section. The. ne.cessaty ~enlGn:ts to allow the utility company access and sel v ice to such appl:1rtena.1lces sball be. dc.dic.ated to the ser vice. pro~idct by the de. v dopct prior to issuance. of a building permit. (J) All tr amiforme.rs and sw itch boxe.s I c1ate.d to de v elopment ap pI 0 v ed a:fter the adoption of this section shall be. sc.t back amininnnn of fifteen (15) fret.nom any right-of-way and v isuall:y serccne.d usill~ landscape materials or 111450M) cOl1st:lt1etion in conformance WitIl these land de v c10pmeut legulations. *** DIVISION 3. GENERAL DESIGN STANDARDS FOR REDEVELOPMENT AREA *** Sec. 20-487. Utility lines. Reserved. All rK.W OI r doeatcd utiJ.i'ry mlGS w!thin tile designated corridor shall be e011m ueted and installed bcne.ath the. swface of the gJ. otmd tmless it is dctClll1ined by the cit} that soil, topoS! aphical, or any other compelling conditions, makc. the. undcrglonnd installation of SUell utilit} lincs as prescribed herdr! tl1i1c.aso11abk and imprac.tic.ab1c. City of Winter Springs Ordinance No. 2005-05 Page 5 of 7 (1) It shall be the. de v e.10pcl'Sl csponsibilit} on-site to make thc.l1ce.essa1)I an allgcment with each utility in accOldancc with the utility's established policy. (2) The ulldelgtotmdinsta:Hation ofinddcntaJ. appt:1rtc;nanccs, 5tlC,has tramronneI boxes, switch boxes, 01 pedestal momrted boxes fot the. pr 0 v ision of dcctricity shall not bel cqttiI cd. 110 w e. v el, such appurtenances WhCIC not lcndclcd impraetkal by the determination oft11e dty shall bc in,stalkd on the site of any de v dopment applo v cd aftc.l the adoption of this section. The ncccssary easemcnts to allo w the utilit)- company access and SeI vice to such appurten<IDCes shall be dedicated to the selviee provider by the devdopcr Plior to issuance ofa building pcnnit. (J) All tt ansfonncIs and s w itGh boxcs r dated to de. \! dopment applO v cd after the adoption of this seGtiollshall be setbackamillimuUl offiftecn (15) fretfi:om any light-of-way and vi51:lally se.recned using landscape materials or maSOln)i constmetion in eonfonnancc with these. land development legulations. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinanc~ and resolutions adopted by the City Commission, orparts of prior 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 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 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be 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. 2005-05 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. 2005-05 Page 7 of 7