23-1583 Amending Sec. 3-13.7 Development Landscape and Buffer Requirements

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ORDINANCE 23-1583 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING PART III OF THE UNIFIED LAND DEVELOPMENT REGULATIONS, CHAPTER III, PERFORMANCE CRITERIA, ARTICLE XIII, LANDSCAPING, SECTION 3-13.7, DEVELOPMENT LANDSCAPE AND BUFFER REQUIREMENTS, TO PROVIDE RECREATION AND OPEN SPACE WITH THE ACCOMMODATION OF ALLOWING PASSIVE RECREATIONAL USES WITHIN THE REQUIRED BUFFER; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, through a bond referendum approved by Casselberry voters in 2020, the City of Casselberry (City) has committed to major improvements for multiple City parks; and WHEREAS, the City aims to improve its park system with an emphasis on enhanced pedestrian connectivity, highlighting user safety and comfort, which aligns with the City's goals, objectives, and policies related to multimodal mobility and community health outlined in the City's Comprehensive Plan; and WHEREAS, a myriad of factors can constrain site design, including geometric limitations, environmental restrictions, topographic variations, and intergovernmental and interagency obligations, which can present significant challenges; and WHEREAS, the Unified Land Development Regulations' (ULDR) landscape buffer requirements for development do not consider parks and recreation uses nor grant special allowances to permit sidewalks or shared use paths within landscape buffers, when needed due to site constraints; and WHEREAS, the City finds that its vision for passive recreational park enhancements conflicts with the existing landscape buffer requirements in the ULDR, which are designed for office, commercial, industrial, multi -family residential, and planned residential development sites; and WHEREAS, the City finds an amendment to ULDR Section 3-13.7 desirable to allow for flexibility regarding buffer encroachments for properties with Recreation and Open Space (ROS) Future Land Use Map (FLUM) designation and zoned ROS (Recreation and Open Space) to improve connectivity to and within parks while still sufficiently buffering and screening against adjacent land uses to ensure compatibility; and WHEREAS, to further clarify the purpose of bufferyards and screening against adjacent properties, the City finds that an amendment to ULDR Section 3-13.7.C. La is desirable and shall include "promoting the health and safety of the public, maintaining the communities appearance, and preserving the natural resources, while ensuring land use compatibility;" and Page 1 Ordinance 23-1583