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HomeMy WebLinkAbout2005 01 24 Public Hearings 400 Ordinance 2005-05, Amends Chapter 9- Adds Sec 9-108 COMMISSION AGENDA ITEM 400 Consent Informational Public Hearing X Regular J anual.)' 24. 2005 Meeting ~ I/~J(JJ Mgr. IV Att. I Dept. REQUEST: The City Manager and City Attorney request that the City Commission adopt on Second and Final 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 and/or 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 a new section, 9-108, to the code requiring that property owners developing or redeveloping real property along S.R. 434 and/or Tuskawilla Road 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. 3. Chapter 20, Zoning, City Code. Page 1 of 3 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 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included in Chapter 20 for the Greeneway Interchange, New Development Area, and Redevelopment Area Districts are repealed by this ordinance.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 above-ground 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. 5. Requiring utility service lines to be placed underground will improve the aesthetic quality of the City of Winter Springs. 6. Based on Commission direction during First Reading, the following changes have been made to Ordinance 2005-05: a. Clarification that the Ordinance applies to "distribution and services lines." b. Ordinance applies "on-site" and "off-site." c. Exemption may be authorized by "development agreement." d. Any exemption shall require the property owner to pay an "in lieu of' fee, which the City will place in a separate fund for undergrounding utility distribution and service lines in the future along Tuskawilla Road and S.R. 434. e. Undergrounding existing utility lines shall only apply when development and redevelopment requires site plan approval by the City. STAFF RECOMMENDATION: Ordinance 2005-05 was presenting to the LP A for its review and recommendation on January 5,2005. The LPA recommended approval of Ordinance 2005-05. The City Manager and City Attorney recommend approval of Ordinance 2005-05. ATTACHMENT: Ordinance 2005-05. Page 2 of 3 COMMISSION ACTION: City Commission recommended changes to Ordinance 2005-05 during First Reading. The recommended changes have been incorporated into Ordinance 2005-05 as outlined above. Page 3 of 3 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 ANDIOR 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 UNDERGROUNDING OF THE UTILITY LINES BE GRANTED TO THE SERVICE PROVIDER PRIOR TO THE ISSUANCE OF A BUILDING PERMIT; CONDITIONING CERTIFICATES OF OCCUPANCY ON COMPLIANCE WITH SAID UNDERGROUNDING REQUIREMENTS; MAKING CONFORMING AMENDMENTS TO CHAPTER 20, ZONING, WITH REGARD TO THE GREENEW AY 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 any power for municipal purposes, except when expressly prohibited 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 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 of7 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 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 healthl safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this 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 strikeout 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 m. 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 Set v iccs distribution and service lines shall be installed underground, including electric power, telephone, cable television. fiber optic. traffic control and other services oflike nature. City of Winter Springs Ordinance No. 2005-05 Page 2 of 7 (b) Utility distribution and service lines and appurtenances thereto mav be installed above ground provided the city commission determines that soil. topographical or any other compelling conditions related to the subject property would make it impracticable or unreasonable to install the utility lines or appurtenances underground. Indi v idual set v ice conncction line.s to buildings shall be installed l1J1dct~rottnd unkss 61;1 idence is sttbmittcd to the dry staff that sonle. cumpdling factor ple.dttdcs sttch mldergt0 tllld nlsta:llatioll. @ All transformers and switch boxes related to development approved after the adoption of this section shall be set back a minimum of fifteen (15) feet from any right-of-way and visually screened using landscape materials or masomy construction in conformance with these land development regulations. (c) In arcas wheIG lots alC one. (1) aere. or gle.ate.r in size, the. eiry staff may waive rc.qniremonts fOI undergIound installation of ntilit} scr vices. (d) Main distribution lincs bringing service to the devdopmcnt, and be.in~ installed on the. peIllncte.I of the. development or segment of the dCvdopmcnt, may bc installed abo'\legrotmd upon a.pprova.l of the eit} staff. *** Sec. 9-108. Developers Required to Underground Existine Onsite and Offsite Utility Lines Along State Road 434 and/or Tuskawilla Road. .w.. Any property owner developing or redevelooing real property which fronts State Road 434 and/or Tuskawilla Road 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 onsite and offsite utility distribution and service lines which runs along the property and appurtenances thereto. unless it is determined by the city commission. by development agreement and during the site plan review process. that soil. topographical. or any other compelling conditions related to the subject property. make the underground installation of such utility lines as prescribed herein unreasonable and impracticable. Should undergrounding be unreasonable or impracticable. the city commission shall impose a fee in lieu of under grounding. Said fee shall not exceed the reasonable cost of under grounding the utility distribution and service lines at the time the site plan is approved. Any fees collected by the city under this section shall be kept in a separate city fund and shall only be expended by the city for under grounding utility distribution and service lines along Tuskawilla Road and State Road 434. ilil It shall be the property owner's res1?onsibility to make the necessary arrangements to install the utility lines underground with each utility in accordance with the utility's established policy. City of Winter Springs Ordinance No. 2005-05 Page 3 of 7 ~ The necessary easements to allow the utility companies access and service to such utility lines and appurtenances shall be dedicated to the service provider by the property owner prior to issuance of a building permit. .@l. 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. W This section shall apply only when a site plan is required for the development or redevelopment of real property. *** CHAPTER 20. ZONING *** ARTICLE III. ESTABLISHMENT OF DISTRICTS *** DIVISION 13. GREENEW AY INTERCHANGE ZONING DISTRICT *** Sec. 20-338. Utility lines. Reserved. Alll1c,w or r cloGated utility lines within the distIict shall be COllStI tlGted and in:5tallcd beneath the StlI[acc o[the ground tmlcss it is detellnincd by the dt) that soil, topogtaphic.al, or any other compcJling conditions, make the underground installation of such utility linGS as proscribed h~ein umca50nable and impracticable. (1) It shall be the developer's rC5ponsibility on-site to make, the neee5S.:tly .:tllallgemcnt with each utili:ty in accordance with the utility's Gstablished policy. (2) Tho undcIgrOtl1ld instaUation oflnddclltal appmicnanees, SUcJl a.s transformGl bOXGs, switch boxes, pedc,stal momtcd boxes fur the prOvision of c1eetIiGity shall not be requiled. IIo w ever, 5 ueh appnrtcnanGC5 where not r endcr cd impr acti:cal by the detclln111ation o[the city shall be installc.d on the site ofany development apptoved aftm the adoption o[this section. The necessary easements to allo w the utilit) company access and S{,1 v ice to snch appnrtenanccs shall bc de.dic.ated to the service plOvider by the. de.vclopcr prior to issuance of a bnilding pGlnlit. City of Winter Springs Ordinance No. 2005-05 Page 4 of 7 (3) All transformers and swite.h boxcsrdate.d to de.vdopme.nt approved after the. adoption ofthis section shall be set back a mininlum. of fifteen (15) feet fr0111 allY right-of-way and visually screened using landse.ape materials ox masonry const1uction ill conformance with those land dc~elopment regulations. *** ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN *** DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA *** Sec. 20-471. Utility lines. Reserved. Allnc.w or rclocated utility lines within the. dc.slgnatGd cO!lidor shall be GonstntGtGd and installed beneath the st1Iface oHhe ground tl1lkss it is determined by thG dty that soil, topographical, or any other eOlnpdling eonditiom, make the tmdergroul1d installation of such utility lines as prescribed herein umeasonable and imprae.ticable.. (1) It shall be the dCvdopcr's rcsponsibiliry on-site to make the necessary anal1gcment with each utility ill accordancc with the. utility's established policy. (2) The underground installation ofinddental appurtenances, such as trausformer bOXGs, switGhboxes, or pedc.stalmounted boxes for the provisionofe1cdticity shall notbe rGquired. IIowevcr, 5tlChappt111enallGeS whercnotrcnderedimplaGtic.al by the dctemtinatiollofthGcit) shall be tllstalled on the site of any development approved after the adoption onhis section. The necessary ea'Scmcnts to allo w the utility company access and ser v ice to SUGh appurtenances shall bc dedicated to the service provider by the developer prior to issuance of a building permit. (3) All tIansfonncr5 a.L1dswitch boxesrc1ated to devdopmentapprovcdaftcr the adoption of this section shall b(, s(,t back a minimum offifte.en (15) [e(,t from any right-of-way and visually scroened using landscape materials or masonry cOllstmction ill conformance with these land dCvdopmcnt regulations. *** DMSION 3. GENERAL DESIGN STANDARDS FOR REDEVELOPMENT AREA *** City of Winter Springs Ordinance No. 2005-05 Page 5 of 7 Sec. 20-487. Utility lines. Reserved. All ncw 01 relocated ntilit} lines within the, de,signate,d corridO! shall be e,onstntGted and installed bcneath the stl1face onIlc gIound unless it is detcrmined by the, city that soil, topog,taphkal, 01 any other compelling, conditiol1s, make the mroergrotmd installation of 5tlch utility lines as preselibed herdll ml1easonable and impractic.abk. (1) It shall be. the de. v dopGI's rcsponsibility on-site to make the necessary anang,cmcnt with e.aGh tttilit} in accordance with the tltilit}'s established policy. (2) The under gr ound installation of incidental app urtenanecs, such as 11 a1l5former boxes, s w itc.h boxes, or pedestal mo ttntcd box"s for the. pro v ision of elee.ttieity shall not be r equll cd. IIowev01, stIch appt11"tcuCl:1.1Ces whcrenotrendet:ed impraGtical by the dot01mination of tile city shall be installed on the. site ofcmy dCvdopment approv"cd after the. adoption of this section. The necessary casements to allow the utility Gompany access and 501 vice to such a.ppmi:enalleCS sha.ll be dedicated to the service prOvider by the developer prior to issuance of a building permit. (J) All transfonncrs and switch boxe,s r elated to de v elopment appr 0 v ed aftcr tile adoption oftius s"etion shall be 5et baek a. m:inimtml of fifteen (15) feet nom any right-of-way alIa visually screened using landscape materials 01 masonry consttuctioll in conformance with these land dovclopmeni regulatiol1s. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts 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. City of Winter Springs Ordinance No. 2005-05 Page 6 of 7 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2005. 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 JOHN F. BUSH, Mayor