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Home My WebLink About2005 10 10 Regular 502 CITY COMMISSION AGENDA ITEM 502 Consent Information Public Hearin Re ular x /Dept.~ October 10,2005 Meeting MGR.r REQUEST: The Community Development Department requests that the City Commission, in its capacity as the DRC, consider a proposal of the James Doran Company for locating the first floor interior partition (distance from the front window to the interior partition) for the Doran Town Center Building 3 (multi-tenant 2-story building at the Northwest comer of Tuskawilla Road and Tree Swallow Drive) closer to the front window than has been the policy within the Town Center (15'). PURPOSE: The purpose of this agenda item is to review and approve the interior partition location for Building 3 at the James Doran property in the Town Center. CONSIDERATIONS: The attached December 11,2002, Dover Kohl memo outlines the City's policy (approved January 27,2003) on interior partitions for retail storefronts within the Town Center. It states that for retail storefronts, "interior partitions shall occur no closer than 15 feet behind the storefront, to preserve a full room-sized area of habitable space visible from the street." This policy was considered for incorporation into the Code, but never officially adopted. On January 24,2005, The City Commission adopted Ordinance No. 2004-43, which established in the Future Land Use Element of the Comprehensive Plan the Urban Central Business District (UCBD), in order to facilitate high intensity, high density development in the City's urban core. Policy 5.2.2 states that "The future land use designation of all development within the UCBD shall be 'Town Center.'" Part of Policy 5.2.6 states "The UCBD shall promote pedestrian gathering and circulation through all of the following: .. .Room-sized areas of habitable space along street frontages in commercial shopfronts with entrances at the same grade as the sidewalk.. ." 1 October 10, 2005 Regular Item 502 Page 2 On May 12, 2003, the City Commission approved a Special Exception to allow a permanent window display in the front of Building 8 at the Doran Town Center development for Leslie's Pool Supply, in conjunction with this policy. Architectural plans for Building 3 were submitted with 2 sets of stairs (as was Building 2), as required by the Building Code. A primary difference between buildings 2 and 3 is that Building 2 has one set of stairs on the outside and one on the inside, whereas Building 3 has both sets of stairs on the inside. The Building Code requires stairs be separated, to allow safe egress in an emergency. Section 1014.2.1 ofthe 2004 Building Code requires that stairway exits in sprinkled buildings be no closer than one third (113) the diagonal distance ofthe space served (exit distance measured center of doorway to center of doorway). ~ Q"_.'_'1"l'. ..... w.'r ~ The diagonal distance across the entire second floor of Building 3 is 136 feet. One third of 136 feet is 45.333 feet. The applicant proposes to construct the front stairway 9 foot 6 inches from the front window of Building 3, which has about a 48 foot 9.75 inch separation (the attached 09/09/05 letter from Cody Patton allows for a 47 foot 8 inch separation between the stairway exit doors - not center to center). The applicant wishes to have a space for a double door, to what may be a single large second floor office suite, to align with the elevator on the opposite side of the hallway. To accomplish this, they are proposing about a 13 foot wide area between the two stairwells. No specific tenant has been identified and whether or not this will be a single office orUmultiple tenants has yet to be determined. 2 October 10,2005 Regular Item 502 Page 3 b M @--- Ix> iq · STAIRWELL DOORS ARE SEPARATED BY .{5'.8" ON SECOND LEVEL ~ b . ... - SLIDING RACK MERCHANDISE FIXTURES BY TENANT , MERCAHNDISE! WINDOW DISPLAY AREA First Floor Plan - Stairwell Separation SCALE 3132" = 1'-0" Building 3 is designed with a portion of the stairs depicted with a 3 hour fire rated wall and the other side of the hallway with a one hour fire rated wall. This design meets Building Code specifications. The Building Official states that it is possible to shorten the distance between the egress points by providing a 4 hour fire rated wall continuously on each side of the hall. By doing so, each side of the second floor could technically be considered a separate building, shortening the required diagonal measurement and therefore the required distance between the stairway exit doors. If the additional fire rated walls were installed, the required distance between the exits would be reduced from 45.333 feet (136/3 = 45.333) to 30.666 feet (92/3 = 3 October 10, 2005 Regular Item 502 Page 4 diagonal distance across the longest or deepest side of the hall. The applicant notes that this option is expensive and would cause a re-design delay in the project. It would also require modifying the area envisioned for a large doorway, directly across from the elevator. Staffhas consulted both Victor Dover (Dover Kohl and Partners) and Heather Arnold (Business Barometer - formerly with Street Sense) and has obtained their individual approvals for the applicant's proposal of9 feet 6 inches from the storefront window to the front ofthe stairwell wall. JF 813/ 2 IT] a -eo CLEAR. Ctv'1dor o:J ,,- RETAIL .J TeNANT .11.;) ;~ I I I I I I I I I I I SLIDlr.G RACK ----$-+ ~ MERCHAN~ISE I I "l~ESB'" l : TE'VINT : : I I ,...r-.., ,.....-..... r--"',: : t_ ' ......__, ~...__~ I I >- CG "" .....'/1- :a:... ~<( ... " W <<f'r "tE~I;SE' 'A"r-.:JO\'I :lISP:-~Y MEA 6'-6' ~ -,"' ':r -(I" -~... , .......-... 3'-tr ,/1\ First Floor Retail II \~K-:/ SCkE 1:4" = 1-0' Staff believes that, to be reasonable to all, at least 10 feet of clear space (inside wall to inside wall) should be provided between the front of the inside storefront space and the storefront side ofthe stairwell (opposite wall) instead ofthe 9.5 feet proposed from the window to the opposite wall. FINDINGS: 1. The architectural depictions of Building 3 first floor stairwell separation from the building storefront are inconsistent with the City's 15 foot policy - a policy which was not incorporated into the Town Center Code (sections 20-320 thru 20-327 of the City Code). 2. Both Dover Kohl and Partners and Heather Arnold (with Business Barometer) have reviewed the applicant's proposal and have stated approval. 4 _-....-_--_..--...'"'-.=---~'_.~,.,..'".~.~'_...^ October 10, 2005 Regular Item 502 Page 5 3. Staff believes that a fulll 0 feet from wall to wall is a reasonable compromise. RECOMMENDATIONS: Staff recommends that the City Commission, in its capacity as the DRC, approve the Building No.3 stairwell separation from the storefront, subject to providing at least lO feet of clear store space between the inside of the front wall and the storefront side of the stairwell. ATTACHMENTS: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Dover Kohl Memo of 12/11/02 01/27/02 Agenda Item & Minutes (Policy) 05/12/03 Agenda Item & Minutes (Leslie Pools Sp. Exception) 01/26/04 Agenda Item & Minutes (18t reading Ord. 2004-10) 02/09/04 Agenda Item & Minutes (2nd reading Ord. 2004-10) 09/09/05 Letter from Cody Patton at Randall Paulson COMMISSION ACTION: 5 ,-,a."-..LO-V~ ~U;""I'#-\ uover, KOnl & Partners 305 666 0360 P.Ol ATTACHMENT A DOVER KOHL &. PARTNERS town planning Memorandum To: John Baker City of Winter Springs Cc: Victor Dover From: James Dougherty Date: December 11,2002 Subject: Retail interior configuration rules John, Please see the language below concerning retail interior configurations for the Winter Springs Town Center. Please call with any questions, -James Reeardin1: permanent interior partitions in retail stores: Intent: Within the Winter Springs Town Center, the desire is to achieve active, pedestrian-friendly streets and public spaces. In order to achieve this, streets and other public spaces must be faced by the fronts of buildings. This is especially important along retail frontages. Pedestrian traffic is encouraged by sidewalks that are lined with shopfronts with transparent glass providing clear views to interior sales/display spaces. Any interior partitions which interrupt the view into the primary areas of the store must therefore be limited in their extent. The following rule is designed to encourage the placement of clearly visible sales/display spaces at the fronts of stores abutting the sidewalk. Rules governing interior partitions in retail stores: Interior partitions shall occur no closer than 15 feet behind the storefront, to preserve a full room-sized area of habitable space visible from the street. *By special exception only: Interior partitions closer than 15 feet from the storefront may be erected only when approved by special exception. It may be desirable to erect interior partitions closer than 15 feet from the storefront in certain circumst~nces, in which case the amount of storefront view blocked by these partitions shall total no more than 40% ofthe width of any. individual storefront an(! no more than 25% of the storefront frontage of the building as a wh0le. . In' no event shall partitions, including the backdrops of blind display cases, occur closer than 4 feet behind shopfro.!~..'Yindows. ,:'< -:_. .~. '7-'\u.~":::~:{ ATTACHMENT B COMMISSION AGENDA January 27. 2003 Meeting Consent Information Public Hearin2 Re2ular X ITEM F MGR. /Dept. REQUEST: Community Development Department requests that the City Commission consider a proposed policy for interior partitions within the Town Center buildings. This policy is intended to maintain the actual business frontage onto the street, by maintaining the view into the primary areas of the store, in a manner that encourages pedestrian traffic. PURPOSE: The purpose of this Agenda Item is for the City Commission to adopt a policy for both staff and the tenants at the Town Center to follow, to support active and pedestrian-friendly streets and public spaces. This policy is intended to maintain realistic business frontage on the roadways and/or other public spaces, in contrast to the "real" front of the business facing a parking lot. To do this, businesses would not be allowed to place permanent interior partitions closer than 15 feet from the store-front (street-side store front). A special exception would be required to place an interior partition closer to the store front - and only with limitations. In no case would permanent or backdrops of display cases be located closer than 4 feet behind a business front window. CONSIDERATION: Some businesses at the JDC Town Center have constructed interior modifications that place partitions and even rest rooms in close proximity to the front door. This, especially in restaurants, can have the effect of switching the actual front of the building from the street frontage onto the parking lot - as in a shopping center (not a town center). One business applied a dark film over their street-front windows, in an effort to create their business frontage onto the parking lot. January 27, 2003 Regular Item F Page 2 of2 Window film can easily be removed, but plumbing and permanent partitions are much more expensive and difficult to remedy. In response to staff concerns, Dover Kohl and Partners drafted the attached December 11, 2002, memo to serve as a policy guideline. APPLICABLE CODE: Section 20 - 327. Architectural guidelines. ATTACHMENTS: A - December 11, 2002 Dover Kohl memo RECOMMENDATION: Staff recommends the City Commission approve the proposed policy interpretation. If the City Commission, the City Attorney, or both determine that an ordinance is required, staff recommends that this policy apply in the interim. CITY COMMISSION ACTION: , "'. .. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27.2003 PAGE 18 OF 23 REGULAR 30. F. Community Development Department Requests That The City Commission Consider A Proposed Policy For Interior Partitions Within The Town Center Buildings. This Policy Is Intended To Maintain The Actual Business Frontage Onto The Street, By Maintaining The View Into The Primary Areas Of The Store, In A Manner That Encourages Pedestrian Traffic. Mr. Baker introduced this Agenda Item. Discussion. "MOTION TO APPROVE ITEM 'F.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 31. G. Community Development Department Recommends Denial Of A Request For A Variance By Neil And Michelle Staley From Sections 6-2. And 20-103. Of The City Code Of Ordinances, To Encroach 10 Feet Into The 20 Foot Rear Building Setback To Construct A Screened Porch With An Impervious Roof At The Rear Of The House. The Agenda Item was presented by Mr. Baker. "MOTION TO DENY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ATTACHMENT C COMMISSION AGENDA ITEM A Consent Information Public Hearine X Reeular May 12. 2003 Meeting MGR. /Dept. REQUEST: Community Development Department- Planning Division, presents to the Commission, in its capacity as the Development Review Committee (DRC) the recommendation ofthe staffDRC as it relates to the request of Leslie's Poolmart, Inc. for a Special Exception to allow a permanent window display along a portion of its store frontage along S.R. 434 in Building 8 of the Town Center. PURPOSE: The purpose of this agenda item is to present to the Commission, in its capacity as DRC, the staff DRC recommendation regarding the request of Leslie's Poolmart, Inc. for a special Exception to construct a permanent display window along a portion of its S.R. 434 street frontage. APPLICABLE CODEIPOLICY: Town Center Policy related to placement of partitions along store frontage. adopted by the City Commission. January 27.2003: This policy is intended to maintain realistic business frontage on the roadways and/or other public spaces, in contrast to the "real" front ofthe business facing a parking lot. To do this, businesses would not be allowed to place permanent interior partitions closer than 15 feet from the store-front (street-side store front). A special exception would be required to place an interior partition closer to the store front - and only with limitations. In no case would permanent or backdrops of display cases be located closer than 4 feet behind a business front window. The Town Center District Code was adopted June 12, 2000: Sec. 20 - 321. Administration. (c) Special exceptions: (1) The City Commission may by special exception waive strict compliance with provisions of this code. In granting a special exception, the City Commission must find by substantial competent evidence that: (a) The proposed development contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center Regulations. May 12, 2003 Public Hearing Item A Page 2 (2) Procedures for Special Exceptions: a. Approval may be granted only after a minimum oftwo discretionary reviews. The first review shall be before the Development Review Committee, at which time the Development Review Committee shall review the project and provide to the City Commission an advisory recommendation regarding approva~ approval with conditions, or disapproval. The second review shall be a public hearing held before the City Commission and shall be held no sooner than seven calendar days following the Development Review Committee hearing. b. Requests for special exceptions under this ordinance shall include each exh1bit required in the Administration Review Process per subsection 20 - 321 (b). In addition, the City Commission may within reason require additional exh1bits and may defer approval ofthe special exception application or schedule an additional public hearing or hearings to review those exhibits. c. Special exceptions shall not be unreasonably withheld, but the City Commission shall have authority to require that the applicant satisfY any additional conditions it deems necessary to fulfill goals of the master plan, including reasonable offsite improvements directly related and proportionate to the specific impact ofthe request, or further review(s) and approval by the Development Review Committee. (3) The City Commission may grant the approval of an application for special exceptions from the code in whole or in part upon a majority vote of its members. CONSIDERATIONS: Leslie's is occupying 2500 Square Feet within Building 8. Ofthat, 68.6% will be utilized as a retail showroom. The remaining space will be for stock, restroom, and office/repair shop. Currently, the office/repair shop faces the street frontage, but Leslie's would prefer to block street visibility into the office/repair shop by locating a permanent display window in between the window and the office/repair shop. Leslie's is concerned that the view ofthe repair shop will not be beneficial to their image nor that ofthe Town Center. Within Building 8, Leslie's is occupying the tenant space closest to Publix. Locating a permanent display window at this location is not detrimental to the Town Center image, because an additional display window provides a visual linkage and connectivity between the Publix display windows and Building 8. FINDINGS: Leslie's Poolmart, Inc. is locating within Building 8 ofthe Town Center as a permitted use by Special Exception, granted by the Commission on October 14, 2001. Leslie's will be located in the unit closest to Publix. May 12, 2003 Public Hearing Item A Page 3 A Policy was adopted on January 27,2003 by the Commission in its capacity as the Development Review Committee (DRC), related to the placement of interior partitions and permanent display backdrops for store fronts in the Town Center. Variances from this Policy require a Special Exception from the Commission. Leslie's is requesting a Special Exception to locate a permanent display window along 13' oftheir 39'of store frontage facing S.R. 434. The adopted Policy allows permanent display windows by Special Exception but requires a minimum depth of 4'. The Special Exception request meets the Special Exception criteria set forth in the Town Center District Code, included above. The Special Exception request is consistent with the City's Comprehensive Plan. StaffDRC met on Tuesday, May 6,2003, and reviewed the request for Special Exception and is recommending Approval of the request. RECOMMENDATION: The Staff Development Review Committee recommends Approval ofthe Special Exception to allow Leslie's Poolmart, Inc. in Building 8, to install a permanent display window with a minimum depth of 4-feet and a maximum length of13-feet along the tenant's S.R. 434 street frontage. A TT ACHMENTS: A- Applicant's request for Special Exception. B- Floor Plan showing display window. COMMISSION ACTION: CITY OF WINTER SPRINGS MINUfES CITY COMMISSION REGULAR MEETING - MAY 12,2003 PAGE70F21 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 15. A. Community Development Department - Planning Division Presents To The Commission, In Its Capacity As The Development Review Committee (DRC) The Recommendation Of The Staff DRC As It Relates To The Request Of Leslie's Poolmart, Inc. For A Special Exception To Allow A Permanent Window Display Along A Portion Of Its Store Frontage Along State Road 434 In Building 8 Of The Town Center. Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department presented her introductory remarks to the City Commission regarding this Agenda Item. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Daine Nape, 7 Wildwood Trail, Ormond Beach, Florida: as the General Contractor, Mr. Nape spoke of agreeing with Ms. Sahlstrom and said that Leslie's Poolmart, Inc. will do a good job. The "Public Input" portion of this Agenda Item was closed. Discussion ensued on the proper Development Review Committee (DRC) process. Commissioner Blake stated, "The Commission is of course the DRC [Development Review Committee] in the Town Center - it didn't say 'Staff'" Furthermore, Commissioner Blake pointed out, "The Code clearly states that the first review shall be with the DRC [Development Review Committee], which is the Commission." Tape I/Side B Commissioner Blake then said "What we are talking about here is if it is a Special Exception - if it is something that requires a Special Exception and we have a written point by point procedure that is required. First, Staff should have made sure that that procedure was followed, and not read something into the language that is not simply there." Further, Commissioner Blake inquired, "Are we able to render an opinion on this or take a final action without the application being completed as required by the Code?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-MAY 12,2003 PAGE80F21 Discussion. Attorney Garganese said, "You are correct, the Code should probably be amended to say when applicable, when relevant, the following should be submitted..." With further discussion, Attorney Garganese stated, "I will add this to the list of the Town Center Code revisions." Manager McLemore suggested, "Direct us to correct the flaw in the Ordinance, making it consistent with the Resolution." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'A' WITH A PROVISIO THAT THE APPLICANT ENTERS INTO AN AGREEMENT WITH THE CITY OF WINTER SPRINGS SPECIFICALLY STATING THEIR INTENT AND PURPOSE OF THIS DISPLAY WINDOW." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO HAVE THIS TABLED UNTIL THE NEXT MEETING. I WOULD LIKE TO SEE AN AGREEMENT THAT THERE IS NOT ANY ADVERTISING ALONG THE LINES THAT I AM CONCERNED ABOUT - THAT WOULD BE MY CONCERN, AND I WOULD LIKE TO SEE THAT INCORPORATED IN THE VERBIAGE I BROUGHT BACK." MOTION BY DEPUTY MAYOR MILLER. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION GRANT A SPECIAL EXCEPTION TO THE APPLICANT BASED ON THE DOCUMENTS PROVIDED DURING THE INITIAL SITE PLAN FOR THE DEVELOPMENT OF - BUILDING 8; AND - I WOULD LIKE TO HAVE SOME LANGUAGE IN THERE SUBJECT TO THE CORRECTIVE ACTION BEING TAKEN BY THE COMMISSION ON THE PROCEDURAL PROBLEMS IN THE ORDINANCE." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "THE PROCEDURAL ISSUES IN THE ORDINANCE BEING - CORRECTIVE ACTION BEING INITIATED." MANAGER McLEMORE STATED, "I THINK WE GET WHAT COMMISSIONER BLAKE WANTS BY SIMPLY GIVING US A DIRECTIVE TO BRING BACK THAT TO YOU - TO BRING BACK THE AMENDMENTS TO THE CODE TO YOU." MAYOR BUSH STATED, "I THINK WHAT COMMISSIONER BLAKE IS ASKING - HE WANTS TO PRODUCE A MOTION THAT WOULD APPROVE THIS BUT AT THE SAME TIME CLEAN UP THE CODE SO THAT IT IS ACCURATE AND THAT STAFF HANDLES IT." COMMISSIONER BLAKE ADDED, "AS LONG AS STAFF INITIATES THE PROCESS TO FIX THE CODE - I THINK AS PART OF THIS MOTION." ATTORNEY GARGANESE SAID, "IF YOU GET SUPPORT FOR THAT CITY OF WINTER SPRINGS MINUfES CITY COMMISSION REGULAR MEETING - MAY 12,2003 PAGE 9 OF 21 MOTION, THEN YOU HAVE A PENDING ORDINANCE IN PLACE, THEN WE WILL MOVE AND GET THAT OFF BEFORE YOU ASAP." SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. REGULAR REGULAR 16. A. Community Development Department - Arborist Division Recommends The City Commission Consider The Request Of Mr. Michael Gerken To Remove 1 Specimen Pond Pine, Approximately 26 Inches In Diameter. Mr. Michael Gerken, 1114 Shadowbrook Trail, Winter Springs, Florida: addressed the City Commission regarding this Agenda Item and his property. Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department spoke on this Agenda Item. Discussion. "I MAKE A MOTION TO DENY - FOR THE REASONS STATED ON THIS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. 012604_ COMM]ublic_Hearing_ 403 _ Temporary_Ordinance_ Town_Center ATTACHMENT D COMMISSION AGENDA ITEM 403 Consent Information Public Hearin2 X Regular January 26.2004 Meeting MGR. /Dept. REQUEST: City Manager requests that the City Commission to adopt First Reading of Temporary Ordinance Number 2004-10 regulating demising walls and interior partitions within Town Center buildings. This Ordinance is intended to maintain transparency, in a manner that encourages pedestrian traffic. PURPOSE: The purpose of this Agenda Item is for the City Commission to adopt a temporary ordinance regulating demising walls and interior partitions within Town Center buildings until such time that the Commission receives, reviews, and adopts regulations resulting from its consultant's study of tenant related space regulations. CONSIDERATION: Some businesses at the IDC Town Center have constructed interior modifications that place partitions and even rest rooms in close proximity to the front door. This, especially in restaurants, can have the effect of switching the actual front of the building from the street frontage onto the parking lot - as in a shopping center (not a town center). One business applied a dark film over their street-front windows, in an effort to create their business frontage onto the parking lot. Window film can easily be removed, but plumbing and permanent partitions are much more expensive and difficult to remedy. Interior partition walls have been built in the middle of windows. These actions are fully inconsistent with Town Center design concepts. However, the current Town Center Code does not provide adequate regulations to officially address these issues. 012604_ COMM]ublic _ Hearing_ 403 _Temporary_Ordinance _Town_Center Page 20[2 Since development is on going, regulations are needed until such time that the Commission is able to adopt new regulations from the consultant's report. The City Commission has approved employment of Street Sense Retail Advisors, a firm specializing in Town Center Development to update the Town Center Code to provide adequate regulation of interior spaces to preserve window transparency. APPLICABLE CODE: Section 20 - 327. Architectural guidelines. ATTACHMENTS: Ordinance Number 2004-10 RECOMMENDATION: Staff recommends the City Commission approve the First Reading of Temporary Ordinance Number 2004-10, and schedule a Second Reading of the Ordinance for February 9, 2004. CITY COMMISSION ACTION: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 8 OF 30 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Office Of The City Attorney Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2003-43 Establishing Minimum Standards For Community Appearance And Aesthetic Review Of Land Development Projects. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION THAT WE APPROVE THE ORDINANCE" - PUBLIC HEARINGS ITEM "402." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Office Of The City Manager/Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2004-10, Amending The Town Center Code To Provide Regulations For Demising Walls And Partitions. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 9 OF 30 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese spoke for the record about an email from the Developer's Attorney, David O. Eldridge, Esquire. With discussion, Commissioner McLeod stated, "I would have liked to have seen the Owner have a little more notification." Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner McLeod then stated, "When are we supposed to have this so-called meeting and walk-thru of the Town Center with the Developer, to take a look at the problems that are there - how are we going to go forward; how are we going to resolve them. When is that meeting?" Manager McLemore stated, "Actually, I have done that with Shane [Doran]." Furthermore, Manager McLemore added, "We have got a whole list of ideas to put in front of you. So, I would think we would try to just find another date to do it - that everybody can come together." With discussion, Commissioner McLeod spoke about the previously suggested meeting with Staff, the City Manager, the City Commission, and the Developer, and added that we need "To try to have a Workshop on site - to see the problems and see if there are issues and how we could get through them." Mayor Bush then stated, "Commissioner McLeod is asking the Commission to direct the Manager to reschedule the meeting with the Developer and Staff." Deputy Mayor Martinez stated, "I am in agreement." Commissioner Sally McGinnis stated, "Yes." As there were no voiced objections, Mayor Bush summarized, "The Commission is in agreement with that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 10 OF 30 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ITEM '403' TO SECOND READING AND THAT THE DEVELOPER AND HIS STAFF BE NOTIFIED FORTHWITH - THAT MEANS TOMORROW - AND THAT PROOF OF THAT NOTIFICATION BE AVAILABLE." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Community Development Department - Planning Division/Office Of The City Attorney Request The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2004-04, Amending Winter Springs Code Section 20-101. And 20-102. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Neubauer, 102 Stone Gable Circle, Winter Springs, Florida: inquired about the Ordinance. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '404' - ORDINANCE 2004-04." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. 020904_ COMM ]ublic _Hearing_ 404_ Second _ Reading_ 2004-10 ATTACHMENT E COMMISSION AGENDA ITEM 404 Consent Information Public Hearin X Re ular February 9. 2004 Meeting MGR. /Dept. REQUEST: City Manager requests that the City Commission to adopt Second Reading of Temporary Ordinance Number 2004-10 regulating demising walls and interior partitions within Town Center buildings. This Ordinance is intended to maintain transparency, in a manner that encourages pedestrian traffic. PURPOSE: The purpose of this Agenda Item is for the City Commission to adopt a temporary ordinance regulating demising walls and interior partitions within Town Center buildings until such time that the Commission receives, reviews, and adopts regulations resulting from its consultant's study of tenant related space regulations. CONSIDERATION: On January 26, 2004 the Commission approved first Reading of Ordinance Number 2004-10, and directed the City Manager to place the ordinance on the February 9,2004 agenda for Second Reading and Adoption. Some businesses at the JDC Town Center have constructed interior modifications that place partitions and even rest rooms in close proximity to the front door. This, especially in restaurants, can have the effect of switching the actual front of the building from the street frontage onto the parking lot - as in a shopping center (not a town center). One business applied a dark film over their street-front windows, in an effort to create their business frontage onto the parking lot. Window film can easily be removed, but plumbing and permanent partitions are much more expensive and difficult to remedy. Interior partition walls have been built in the middle of windows. 020904_ COMM]ublic _ Hearing_ 404_ Second_ Reading_ 2004-10 Page 2 of2 These actions are fully inconsistent with Town Center design concepts. However, the current Town Center Code does not provide adequate regulations to officially address these issues. Since development is on going, regulations are needed until such time that the Commission is able to adopt new regulations from the consultant's report. The City Commission has approved employment of Street Sense Retail Advisors, a firm specializing in Town Center Development to update the Town Center Code to provide adequate regulation of interior spaces to preserve window transparency. APPLICABLE CODE: Section 20 - 327. Architectural guidelines. ATTACHMENTS: Ordinance Number 2004-10 RECOMMENDATION: Staff recommends the City Commission approve the Second Reading of Temporary Ordinance Number 2004-10. CITY COMMISSION ACTION: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 9, 2004 PAGE 140F26 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Office Of The City Manager Requests That The City Commission To Adopt Second Reading Of Temporary Ordinance Number 2004-10 Regulating Demising Walls And Interior Partitions Within Town Center Buildings. This Ordinance Is Intended To Maintain Transparency, In A Manner That Encourages Pedestrian Traffic. Attorney Garganese read the Ordinance by "Title" only. Discussion. Deputy Mayor Martinez said, "We did have our Workshop recently, and I thought - or I believed that the understanding was that we were to have a follow-up Workshop immediately, or as soon as possible after this one here, to work on the fifteen foot (15') rule and other issues that were prevalent." Discussion. Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: addressed the City Commission on behalf of their client James Doran Company, and asked that the Ordinance not be approved at this time. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Furman stated, "We also understand that it is not just the demising wall - I mean we see the mistake there. We're willing to agree not to build a demising wall in the middle ofa window, anywhere - not just on Main Street." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 9, 2004 PAGE 15 OF 26 Further discussion ensued. Commissioner McLeod said, "I would not be opposed to going for the thirty (30) days, unless on the other hand, that it is very well understood by yourself and your client, that the fifteen foot (15') rule definitely stands at the present time on anything that you want to go forward on, during that period oftime, if you wait until June." Further discussion. Tape 2/Side B Mayor Bush spoke for the record about a Motion he ruled "Out of Order. Discussion ensued on how to proceed. Commissioner Blake said to Ms. Furman, "When 1 talk about standing still on this, 1 am talking about no applications or submittals for applications or - drawings or actual work on any wall or partition or finish work, interior work if you will, that affects to any degree the transparency of any building that is currently under construction or any building that may - be applied for." Furthermore, Commissioner Blake explained, "When you start coming up with internal design and you have got a wall that is internal or something that affects the level of visibility into the building, that is what 1 am talking about that we would have to stand down on." Discussion followed further about the "Fifteen foot (15') rule." Commissioner Blake stated, "I feel uncomfortable using this number of the fifteen feet (15'), because 1 believe that there are some applications that the number needs to be bigger than fifteen feet (15') and 1 think there are other applications where quite frankly it may be smaller than the fifteen feet (15'). It depends upon the use that is there." With discussion on the Developer's clients, Commissioner McLeod spoke for the record that the City has not imposed any financial restrictions on any of the Developer's clients. Mayor Bush called a recess at 9:07 p.m. The Meeting was called back to order at 9:25 p.m. City Clerk Andrea Lorenzo-Luaces was asked to call roll for the record, and did so. Commissioner Blake returned to the Commission Chambers at 9:26 p.m. Manager McLemore spoke for the record about criteria related to the transparency issue. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 9, 2004 PAGE 16 OF 26 "I WOULD LIKE TO MAKE A MOTION THAT WE - APPROVE THE ORDINANCE SUBJECT TO A THIRD READING THIRTY (30) DAYS - THE FIRST MEETING IN MARCH, IN ACCORDANCE WITH THE CITY MANAGER'S LANGUAGE SHOWN IN BOLD PRINT AT THE BOTTOM OF THE FIRST PAGE ON 2. - BUILDINGS OTHER THAN BUILDING - 1, AND THOSE FRONTING MAIN STREET WITHIN THE CURRENTLY APPROVED AGREEMENT; AND THOSE FIVE (5) LINES ON THE NEXT PAGE, WHICH IS PART OF THAT RECOMMENDATION." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER ADDED, "IT WOULD BE THE FIRST MEETING IN MARCH, WHICH WOULD BE APPROXIMATELY THIRTY (30) DAYS." MAYOR BUSH SAID, "AND THE REST OF WHAT YOU STATED THOUGH IS..." MANAGER McLEMORE SAID, "...INCLUSION OF SECTION 2. OF THAT MEMO..." MAYOR BUSH ADDED, "...OF THE MEMORANDUM OF FEBRUARY 9TH [2004]." SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. COMMISSIONER McLEOD ASKED, "DOES THE ATTORNEY HAVE A COpy OF THIS MEMORANDUM?" MS. FURMAN STATED, "I DO." COMMISSIONER BLAKE ASKED FOR CLARIFICATION AND STATED, "I UNDERSTAND WE ARE GOING FORWARD WITH A THIRD READING, FIRST MEETING IN MARCH AND WE ARE ADDING THE LANGUAGE SPECIFICALLY UNDER NUMBER 2. ON THIS MEMORANDUM TO THE ORDINANCE?" COMMISSIONER MILLER STATED, "YES, THAT IS WHAT IT IS." MAYOR BUSH ADDED, "UNDER ITEM 2. ON THE FEBRUARY 9TH [2004] MEMORANDUM FROM THE MANAGER..." COMMISSIONER BLAKE SAID, "...IF THE COMMISSION CHOSES TO GO FORWARD WITH THE ADOPTION OF THE ORDINANCE OR APPROVAL OF AN AGREEMENT, IT IS RECOMMENDED THAT THE ORDINANCE AND/OR AGREEMENT SHOULD INCLUDE THE TERMS AS SET FORTH IN THE ORDINANCE AS CURRENTLY WRITTEN WITH THE FOLLOWING AMENDMENT..." COMMISSIONER BLAKE THEN ASKED, "...WHERE DOES IT GO IN THE ORDINANCE?" MANAGER McLEMORE STATED, "IT WILL BE AN AMENDMENT TO THAT ORDINANCE AND YOUR ATTORNEY WILL HAVE TO TWEAK IT AND CORRELATE IT WITH THE EXISTING LANGUAGE, WHICH IT WILL COME BACK TO YOU." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 9, 2004 PAGE I70F26 COMMISSIONER BLAKE THEN SAID, "SOMEPLACE IN THE ORDINANCE WE ARE GOING TO ADD OR ADJUST THE LANGUAGE TO READ - 'BUILDINGS OTHER THAN BUILDING 1 AND THOSE FRONTING MAIN STREET WITHIN THE CURRENTLY APPROVED JDC DEVELOPMENT AREA, FOR ALL COMMERCIAL BUILDINGS OTHER THAN BUILDING 1, AND THOSE FACING MAIN STREET WITHIN THE CURRENTLY APPROVED JDC DEVELOPMENT AREA GROUND FLOOR INTERIOR PARTITIONS SHALL OCCUR NO CLOSER THAN TEN FEET (10') BEHIND THE BUILDING'S FRONTAGE LINE FOR RETAIL AND RESTAURANT USES AND FIVE FEET (5') BEHIND THE FRONTAGE LINE FOR ALL OTHER USES." ATTORNEY GARGANESE SAID, "THE LANGUAGE IN THE AGENDA ITEM THAT I BELIEVE WAS JUST READ INTO THE RECORD - WE'RE GOING TO ADD THAT TO - SOMEWHERE IN SECTION (d) ill PERHAPS, ON PAGE 3 OF 5." MANAGER McLEMORE ADDED, "WE WOULD ADD IT WHERE YOU NEED TO ADD IT TO MAKE IT WORK, SO THAT THIS CLEARLY DIFFERENTIATES BUILDINGS ON MAIN STREET TO OTHER BUILDINGS, ONLY WITHIN THE - CURRENT JDC DEVELOPMENT AREA." COMMISSIONER BLAKE MADE AN AMENDMENT TO THE MOTION THAT WE "DIRECT STAFF TO HAVE SUBSTANTIVE CONVERSATIONS WITH THE DEVELOPER AND BRING US BACK ALONG WITH THIS ORDINANCE ON ITS' THIRD READING, AN AMENDMENT TO THE DEVELOPER'S AGREEMENT THAT WILL PROVIDE FOR THE EFFECTIVE USE OF THE SPACE AS DESIGNED PRESERVING THE TRANSPARANCY AS REQUIRED TO MAKE THE TOWN CENTER SUCCESSFUL AND TO ENABLE - THE STOREFRONT ORIENTATION TOWARDS THE STREETS." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ATTORNEY GARGANESE ADDED, "WE'LL ADVERTISE IT AGAIN - PUBLISH THE AD FOR THE THIRD READING, WHICH IS REALLY THE SECOND READING OF THIS ORDINANCE AS AMENDED THIS EVENING TO INCLUDE THE LANGAUGE RECOMMENDED BY THE MANAGER INTO THE ORDINANCE AS CURRENTLY DRAFTED." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 9, 2004 PAGE 18 OF 26 VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Office Of Commissioner Robert S. Miller Requesting The Commission To Consider Appointing An Alternate Member To The U.S. 17-92 Redevelopment Planning Agency. Commissioner Miller spoke on this Agenda Item and stated, "The 17-92 CRA requested Alternates quite a few months ago - 1 am looking for whoever wants to volunteer. 1 will notify you in am not able to attend." "I THINK WE SHOULD APPOINT SALLY McGINNIS TO BE THE AL TERNATE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 501. Office Of Deputy Mayor/Commissioner Edward Martinez Jr. Requesting The City Commission to Consider Setting A Referendum Date For The Fluoridation Of The City's Potable Water Supply. Deputy Mayor Martinez introduced this issue. Tape 3/Side A With further discussion, Commissioner McGinnis suggested, "1 would not want this to go to a Referendum until we had at least a minimum of two (2) Town Hall meetings, where we invited knowledgeable speakers on both sides to present the issues to the community and give them a basis for making a decision." - ATTACHMENT F !~ RANDALL ~-,,,,--^,., ~ "'",.., PAULSON afzhit~tts 9 September 2005 Mr. lohn Baker City of Winter Springs, Florida 1126 East SR 434 Winter Springs, Florida 32708 Re: Winter Springs Town Center Building #3 - Stairwell and Fire Riser Room Locations Winter Springs, Seminole County. Florida RPA Project No. 2004236.00 John, per our conversation during the staff meeting on Thursday, September 8, the eastern stairwell in Town Center Building 3 will move 2'-0" away from T1Jskawilla Road. The location of this stairwell is restricted by the 2004 FBC. Per section 1014.2.1 of the 2004 FBC exits in a sprinkled building mllst be no closer than 1/3 of the diagonal of the space served; in this case the entire second floor. Calculations are as follows: Second floor diagonal = 136'-0". 1/3 of the diagonal is 45'-4"; the distance the stairwell doors must be separated by. On the drawings submitted for permit review, the distance between the stair\vell doors is 47'-8". As a result. the eastern stairwell will move 2'-0" (providing room for variables) away from Tuskawiila Road. As part of your permit review comments. this change will be reflected in all drawings issued from this point on. Concerning the fire riser room location between buildings 3 and 4; the fire riser roorn has been moved inside the budding, leaving only the utility screen wall on the exterior of the building. As part of your permit review comments, this change will be reflected in all drawings issued from this point on. Please refer to the attachments for more information. Thank YOll very much for your consideration. Please call me at 770.650.7558 if you have any concerns. Sincerely. Randall~Paulson Architects, Incorporated { U-/~' i, Cody Patton Project Coordinator II Enel: Enlarged Stairwell Location Plan Enlarged Fire Riser Room Plan (NW corner of buildingl Copy to:George Tullos lames Doran Company . Scott Bryan- I. Raymond Construction Corp. MIPrr-'it:'<:l L'ocs\1004',}004?Vi OO\Corrcsponoence\Letters\StJilweH <lnd Fire Riser LCHcr.doc r. : ii' I e r: l u r p I i .1 1 e : I [: f ~ ~~ RANDAll . PAUUON i! I (h i 11 (:1 b ~ , M 0-- &> , to .q- B b ~ , M * STAIRWELL DOORS ARE SEPARATED BY 45'_8" ON SECOND LEVEL b , ~ ~ N , 8' - 8" to SLIDING RACK MERCHANDISE ::t FIXTURES BY C") TENANT a:; en MERCAHNDISEI WINDOW DISPLAY AREA First Floor Plan - Stairwell Se aration SCALE: 3/32" = 1'-0" Da te: 9 Sept 2005 Project Number: 2004236.00 Project Name: W"mterSpringsBldg3 Drawing Name: ShilWell File Name: Revision Number: iliA Scale: 3/32" = 1'-l)" Drawn By: CAP . 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