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Home My WebLink About2000 03 27 Public Hearings B Third Reading - Ordinance 707 Zoning Regulation for New Zoning District .~ COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular March 27.2000 Meeting M~ I ~~t. Authorization REQUEST: The Community Development Department requests the Commission consider a third reading of Ordinance 707 adopting the proposed Town Center District boundary and Town Center District Code. PURPOSE: The purpose of this agenda item is to request the Commission consider a third reading Of Ordinance 707 adopting the proposed Town Center District boundary and Town Center District Code. The Code will function as the zoning regulation for the new zoning district. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11)F.S. which states "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction." CDD/March 17,2000/2:42 PM MARCH 27, 2000 PUBLIC HEARING AGENDA ITEM B Page 2 Policy 3c. under Objective A of the traffic Circulation Element of the City's Comprehensive Plan which calls for the creation of a "Town Center" to serve as a primary civic, business and service focus for the City". In 1995, the City Commission approved the preparation of a S.R. 434 Corridor Vision Plan that would include a "Town Center". CONSIDERATIONS: . The City Commission at its June 9, 1997 meeting adopted Ordinance 661 creating a "Town Center" Overlay Zoning District. (Ordinance 707 would repeal Ordinance 661). . The City Commission at its September 8, 1997 meeting adopted Ordinance 676 instituting the Town Center Overlay Zoning District regulations (Design Guidelines). The Schrimsher land holdings were excluded pending the execution of a development agreement. (Ordinance 707 would repeal Ordinance 676). . On January 12, 1998 the City Commission voted to authorize the City Manager to enter into a contract with Dover, Kohl & Partners to prepare a Town Center Concept and a design code to implement the plan. . Notice was sent to various interest groups and to the property owners within the proposed Town Center District boundary inviting them to attend the various workshops and presentations to the Commission. Notice was published in the Orlando Sentinel notifying the public about the various workshops and presentations to the Commission. . Several public workshops and presentations with the City Commission were held in February and March, 1998. On February 11th, Dover, Kohl and Partners conducted a "Kick Off presentation at City Hall, followed by two workshops "Preliminary Concepts" on February 17tlt and "Work in Progress" on February 20tlt. On March 23rd, Dover, Kohl & Partners presented the final concept plan for the Town Center to the Commission. The Commission approved the concept plan and directed the consultants to proceed with Step II of the contract, which was to prepare a "prescriptive graphic code". The major property owners and many residents were in attendance at these functions. . City Staff has reviewed several drafts of the prescriptive graphic code known as the "Town Center District Code" and has recommended certain changes. CDD!March 17,200012:42 PM MARCH 27, 2000 PUBLIC HEARING AGENDA ITEM B Page 3 . On October 22, 1998, Dover, Kohl & Partners presented the final draft of the Town Center District Code to City Staff, incorporating City Staff s requested changes. . At its November 4, 1998 meeting, the Planning and Zoning Board recommended the City Commission approve the Town Center District Code with the suggestion that "permitted uses' be defined and the Commission give consideration to the property owners request for additional time. . The City Commission at it's November 9, 1998 meeting, deferred consideration of the first reading of Ordinance 707 adopting the proposed Town Center District boundary and Town Center District Code until the December 14, 1998 meeting. The Commission again tabled consideration of the first reading of Ordinance 707, December 14, 1998, January 11, 1999, January 25, 1999, February 8,1999 and on February 22, 1999 to allow the consultant and staff to meet with property owners to discuss proposed changes. Workshops to discuss the suggested changes were held January 13, 1999, February 11, 1999 and March 1, 1999. . A first reading of Ordinance 707 was approved on March 8, 1999. The second reading was deferred on August 23, 1999 until September 13, 1999. On September 13, 1999 a second reading was again deferred until October 11, 1999. · The second reading was approved on October 11, 1999 and a third reading scheduled for October 25, 1999. The October 25, 1999 third reading was deferred until November 8, 1999. The November 8, 1999 third reading was deferred until December 13, 1999. The December 13, 1999 third reading was deferred until February 14,2000. The February 14,2000 third reading was deferred until March 27,2000. . On November 8, 1999, the Commission authorized the City Manager to enter into a contract with Dover, Kohl & Partners to update the Town Center. This work effort, which was related to the wetland boundary surrounding Wetland Park, was completed on December 9, 1999. . The proposed Town Center requires a large scale comprehensive plan amendment change to the Future Land Use Map redesignating certain areas "Town Center". The large scale comprehensive plan amendment has been submitted to D.C.A. CDDlMaroh 17,2000/2:42 PM MARCH 27,2000 PUBLIC HEARING AGENDA ITEM B Page 4 FUNDING: The City is paying for various consultant services related to the development and implementation of a Town Center Concept Plan from the Community Development Department budget. LOCAL PLANNING AGENCY RECOMMENDATION: At it's December 2, 1998 meeting, the Planning & Zoning Board adopted the following motion: I (Bill Fernandez) make a motion that we recommend approval of these Town Center District Design Codes to the City Commission, based on the findings that our local government should articulate a vision of the future physical appearance and quality in this community, that we have received meaningful public participation at various meetings, that we do need to have an identified Town Center. I will further indicate or add to that, that just as the Town Center overlay zoning district regulations of September 8, 1997, Ordinance 676, was made inapplicable to the Schrimsher property until such time as a development agreement was developed, that in this particular case that I would recommend that the City Commission make this Town Center District Code inapplicable to the Schrimsher property as well as the gentleman's property in the descriptions here, the Spring Land Investment, Ltd. and Jessup Shores, Ltd. EuroAmerican Investors group represented by Sunbelt Investors Group, Mr. A. C. Leerdam, that it be inapplicable until such time as a developer's agreement is negotiated with those parties, and or the property is purchased by a master developer. I would note for the record, that since we are acting in our capacity as the Local Planning Agency on a broad scale as opposed to one single parcel, that we do not need to make the detailed findings of fact that are required when we are dealing with a very small parcel of property. Although I have included in my motion general findings of fact, including the presentation of all those who have come forward and spoken this evening including Mr. Schrimsher and Mr. Leerdam as well as Mr. Michael Grindstaff, that's my motion. Seconded by Roseanne Karr. Vote all aye. CDDlMarch 17,2000/2:42 PM MARCH 27, 2000 PUBLIC HEARING AGENDA ITEM B Page 5 STAFF RECOMMENDATION: Staff recommends the Commission approve a third reading of Ordinance 707 establishing the Town Center District Code and Town Center District Boundary. ATTACHMENTS: A. Town Center District Code (revised February, 2000) - copy provided with Agenda item on February 14,2000 B. Ordinance No. 707 C. Ordinance No. 661 to be repealed D. Ordinance No. 676 to be repealed E. Advertisement for February 14,2000 COMMISSION ACTION: CDD/March 17,200012:42 PM ( ATTACHMENT A (, COPY OF THE TOWN CENTER DISTRICT CODE PROVIDED WITH THE AGENDA ITEM ON FEBRUARY 14, 2000. ( ATTACHMENT B ( ORDINANCE NO. 707 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA ESTABLISHlNG THE "TOWN CENTER" ZONING DISTRICT CODE TO BECOME PART OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ( WHEREAS, 163.3167(11), Florida Statutes, encourages local governments to articulate a vision of the future physical appearance and qualities of its community. . ."; WHEREAS, the City, in accordance with 163.3167(11) Florida Statutes has developed a collaborative planning process with meaningful public participation in the development of the concept and design code for the Town Center Zoning District; WHEREAS, the Planning and Zoning Board/Local Planning Agency has reviewed the concept and design code for the Town Center Zoning District and has recommended to the City Commission adoption of same; ( NOW, THEREFORE, BE IT ORDAINED that the City Commission of the City of Winter Springs, Florida, hereby adopts the Town Center (Zoning) District Code and establishes the Town Center District boundaries which will to become part of Chapter 20 of the Code of Ordinances of the City of Winter Springs. The Town Center District boundaries are as illustrated on the map below: (, TO~ CENTER - - ~:w..::.::":~.-. :- I A. Town Center District Bouodary Mapl . IDlUDSlSJ District Boundary i - - Councy Enclaves (not.in city) : i z J C>J' ~--o \ \. -...... \. ~- - ( \, SECTION I REPEAL. This document repeals the Town Center Overlay Zoning District Regulations of September 8, 1997 (Ordinance 676). Should ariy conflict arise between the provisions of this Code and other local land development regulations for the city of Winter Springs, the provisions of this Code shall apply. SECTION II SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutionaL or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION ill EFFECTIVE DATE. This Ordinance shall immediately take effect upon adoption, with a quorum present and voting, by the City Commission of the City of Winter Springs, Florida, this _ day of , 1999. PAUL P. PARTYKA, MAYOR CITY OF WINTER SPRINGS ( AITEST: ANDREA LORENZO-LUACES CITY CLERK FIRST READING March 8.1999 POSTED March 9.1999 ( SECOND READING AND PUBLIC HEARING October II. 1999 THIRD READING AND ADOPTION ( ATTACHMENT C ( ( \ ( ORDINANCE NO. 661 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA CREATING A TOWN CENTER OVERLAY ZONING DISTRICT IN ACCORDANCE WITH THE CITY'S ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, 163.3167 (11), Florida Statutes, encourages local governments to articulated a vision of the future physical appearance and qualities of its community. " . . , (, WHEREAS, Policy 3c under Obj ective A of the Traffic Circulation Element of the City's Comprehensive Plan calls for the creation of a "Town Center" to serve as a primary civic, business and service focus for the City; WHEREAS, the city, in accordance with 163.3167(11) F.S. has developed a collaborative planning process with meaningful public participation in the development of the concept and design guidelines of the Town Center Overlay Zoning District; WHEREAS, the Planning and Zoning Board/Local Planning Agency has reviewed the concept and design guidelines for the Town Center Overlay Zoning District and has recommended to the city Commission adoption of same; NOW, THEREFORE, BE IT ORDAINED that the City Commission ot: the City of Winter. Spl:ings. fLorida, creates the ( Town Center Overlay Zoning District to include the following described properties: IN PLAT BOOK 1 PAGE 5: BLOCK A; PARCELS 2,3,4,5,6,7,8 IN PLAT BOOK 1 PAGE 5: BLOCK C; PARCELS 1,2 IN PLAT BOOK 1 PAGE 5: BLOCK B; PARCELS 14,18,18.A,20.0,20.A,19,24.0,24.A, 24.B,26.0,26.A,26.B,26.C,26,27,28,29, 30,U.O,U.1,U.3,8.0,5.0,4.0,3.0,1.08.A,8B, 8.C,8.D,8.E IN DEED BOOK 147 PAGE 221: PARCELS 1.0,1.A,1.B,2,3,4,5,6,6.A,7.0,8.0,9.0,9.A SECTION I SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION II EFFECTIVE DATE. This Ordinance shall immediately take effect upon adoption, with a quorum present and voting, by the City Commission of the City of winter Springs, Florida, this 23rd day of October, 1995. ( ATTEST: ~4-~ MAR HOPK , CITY CLERK CITY OF WINTER SPRINGS PAUL PARTYKA, MAY CITY OF WINTER SPRINGS FIRST READING 5 -;C;-97 POSTED 5 -d.o - 'j? SECOND READING AND PUBLIC HEARING fo - 9 - 97 ( ATTACHMENT D " ( ORDINANCE NO. 676 AN ORDINANCE OF THE CITY .COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING THE STATE ROAD 434 CORRIDOR VISION PLAN "TOWN CENTER" OVERLAY ZONING DISTRICT REGULATIONS TO BECOME PART OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, 163.3167 (II), Florida Statutes, encourages local governments to articulated a vision of the future physical ( appearance and qualities of its community. If . , WHEREAS, the City, in accordance with 163.3167(11) F.S. has developed a collaborative planning process with meaningful public participation in the development of the concept and design guidelines of the S.R. 434 Corridor Vision Plan Town Center Overlay Zoning District; WHEREAS, the Planning and Zoning Board/Local Planning Agency has reviewed the concept and design guidelines for the Town Center Overlay Zoning District and has recommended to the City Commission adoption of same; NOW, THEREFORE, BE IT ORDAINED that the City Commission of the City of winter Springs, Florida, institutes the "Town Cen ter" CorT idor Ove r la y Zon i ng D is tr ict Regu la t ions to become a pcll~t of Chartel~ 7.0 or the Code of Ordinances of ( the City of \-Jinter Springs, and that shall apply to the following properties: IN PLAT BOOK 1 PAGE 5: PARCELS 2,3,4,5,6,7,8 BLOCK A IN PLAT BOOK 1 PAGE 5: PARCELS 1,2 BLOCK C; IN PLAT BOOK 1 PAGE 5: BLOCK B; PARCELS 14,18,18.A,20.0,20.A,19,24.0,24.A, 24.B,26.0,26.A,26.B,26.C,26,27,28,29, JO,U. 0,U.l,U.3,8 .0,5.0,4.0, 3 .0, 1. 0,8.A,8.B, 8.C,8.D,8.E IN DEED BOOK 147 PAGE 221: PARCELS 1.0,1.A,1.B,2,3,4,5,6,6.A,7.0,8.0,9.0,9.A SECTION I SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, ( unconstitutional, or unenforceable, then all remalnlng provisions and portions of this Ordinance shall remain in full force and effect. SECTION II EFFECTIVE DATE. This Ordinance shall immediately take effect upon adoption, with a quorum present and voting, by the city Commission of the city of winter Springs, Florida, this 8th day of September, 1997. PAUL P. PARTYKA, MAYOR CITY OF WINTER SPRING ATTEST: MARGO HOPKINS. CITY CLERK CITY OF \-JINTI::n ~)PlnNG::; .( .-.. j" ::.... ~\ (? U:- :-,;~,-,:)O--'-' , :~ Ap 'I v.:::,., " '.. 0 n ~l,: C;-, C ,.,-,: \\:,'''; - ""1111 :. '. omr.\:::..C"'" C ~- ''';1'- ,.~ ,_...' " war" - ~. ,"', _,_ ."i..:o Sc~- ,',I."CP .l."\d G - /, ~. RE "~'''''O Mh . '''''.''00 A OF PRO ' ,I,:) POSED \-'IL1-AC"'" t.. C[,",'TER --=- 1 :) e .r ( Q. . \ \ . - ( '. ATTACHMENT E ( ( of. ( .~~_.----..... ~_'" . .. '_d>,'_1 _ .( NOTICE OF NEW ZONING DISTRICT REGULATIONS TOWN CENTER ~'.'- lj' . ". ~ .-:::.;7 ; NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRlNGS WILL HOLD A THIRD READING ON PROPOSED ORDINANCE 707 TO CONSID- ER ADOPTING THE PROPOSED TOWN CENTER ZONING DISTRICT REGULATIONS (aka TOWN CENTER DISTRICT CODE) THAT WOULD APPLY TO THE AREA (MINUS THE AREA WITHIN THE BROKEN LINES) OF THE PROPERTIES IND[CATED..IN THE MAP BELOW. ./ . eo,[' ~.o I \ ,- "- ,,- I THIS PUBLIC HEARING FOR THE THIRD READING OF ORDINANCE 707 CONCERN- ING ADOPT[ON OF THE PROPOSED TOWN CENTER DISTRICT DESIGN CODE WILL BE HELD ON FEBRUARY 14, 2000 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS AT [[26 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PER- SONS MAY ATTEND AND BE HEARD. THE COMMISSION DIRECTED DOVER, KOHL & PARTNERS TO RECONFIGURE THE WETLAND AREA EAST OF TUSKAWILLA ROAD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAfNED FROM THOMAS GRIMMS, AICP AT THE COMMUNITY DEVELOPMENT DEPART- MENT - PLANNING DIVISION, AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-1800 # 303. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPART- MENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 # 236 THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY RECOMMENDATION OR DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER' CONSIDERED AT HIlS MEETING, YOU WILL NEED A RECORD OF THE PROCEED- [NGS, 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. ','" ;~