HomeMy WebLinkAbout2003 12 08 Public Hearings 406 First Reading - Ordinance 2003-43 Minimum Standards for Community Appearance
COMMISSION AGENDA
ITEM 406
Consent
Informational
Public Hearing X
Regular
December 8, 2003
Meeting
(f&-:t/~. )
/ Att. /
Dept.
Mgr.
REQUEST:
The City Attorney requests that the City Commission approve on first reading Ordinance No. 2003-43
establishing minimum standards for community appearance and aesthetic review ofland development
projects.
PURPOSE:
The purpose of this ordinance is to establish minimum standards for community appearance and
aesthetic review ofland development projects.
APPLICABLE LAW AND PUBLIC POLICY:
1. The Florida Municipal Home Rule Powers Act.
2. Protection of aesthetic interests is a substantial government goal. Metromedia, Inc. v. City of
San Diego, 453 U.S. 490 (1981).
3. City may legislate to protect the appearance of the community. Sunad, Inc. v. City of Sarasota,
122 So. 2d 611 (Fla. 1960).
4. Zoning solely for aesthetic purposes is not outside scope of the police power. City of Lake Wales
v. Lamar Advertising Ass 'n of Lakeland, 414 So. 2d 1030 (Fla. 1982).
5. Winter Springs' Comprehensive Plan, Future Land Use Element, Policy 1.5.1 states that
"proposed land use amendments which are inconsistent with the character ofthe community or
inconsistent with adjacent future land uses shall not be approved by the City."
Page 1 of 2
6. Winter Springs' Comprehensive Plan, Future Land Use Element, Policy 1.5.8 states that "the
City shall maintain site design requirements and subdivision regulations of the Code of
Ordinances which adequately address the impacts of new development on adjacent properties
in all land use categories and zoning districts."
CONSIDERATIONS:
I. The City Commission has been actively engaged in ensuring that the development of new
buildings and structures is aesthetically pleasing and consistent with community standards and
design criteria established by the City Commission.
2. Existing Code provisions (e.g., State Road 434 Guidelines) establish extensive design criteria
for new development.
3. This Ordinance is intended to enhance the City Commission's ability to ensure a high level of
aesthetic quality of new development and major redevelopment that is consistent with
community standards and design criteria established by the City Commission
4. This Ordinance establishes a supplemental procedure, and aesthetic review criteria, for the City
Commission to uniformly apply in making decisions on aesthetic issues presented in land
development applications.
5. This Ordinance shall apply to all new buildings and accessory structures, permanent signs, and
major alterations thereto, for all commercial, industrial, institutional, multi-family, and
residential subdivision development projects.
6. This Ordinance is not intended to apply to individual single-family residences.
STAFF RECOMMENDATION:
The City Attorney recommends that the City Commission approve on first reading Ordinance No. 2003-
43.
ATTACHMENTS:
Ordinance 2003-43.
COMMISSION ACTION:
Page 2 of 2
ORDINANCE NO. 2003-43
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, AMENDING CHAPTER 9,
LAND DEVELOPMENT, BY CREATING ARTICLE XI,
ESTABLISHING MINIMUM COMMUNITY APPEARANCE
AND AESTHETIC REVIEW STANDARDS FOR
COMMERCIAL, INDUSTRIAL, INSTITUTrrONAL, MUL TI-
FAMILY, AND RESIDENTIAL SUBDIVISION LAND
DEVELOPMENT PROJECTS; REPEALING SECTIONS 20-
475 AND 20-491 OF THE WINTER SPRINGS CODE
REGARDING STATE ROAD 434 DESIGN REVIEW;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined
that the unique cultural character and aesthetic beauty of the City is important to the quality oflife
of the community and requires preservation, protection and enhancement; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, recognizes that
the visual appearance of buildings and structures contributes to the cultural character and aesthetic
beauty of the community; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined
that the promotion of aesthetic beauty of buildings and structures protects and enhances property
values, tourism, and other economic interests which the City Commission deems vital to the
community; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined
that the most effective and reasonable way to preserve, protect and enhance the City's cultural
character and aesthetic beauty is to establish minimum community appearance and aesthetic review
standards for the purpose of reviewing and approving architectural specifications of proposed new
developments and redevelopment of buildings and structures in accordance with the procedures and
criteria provided herein; and
WHEREAS, aesthetic goals and objectives of this Ordinance are supported by the Florida
Municipal Home Rule Powers Act and case law. See, e.g., Chapter 166, Florida Statutes;
Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); Sunad, Inc. v. City of Sarasota, 122 So.
2d 611 (Fla. 1960); City of Lake Wales v. Lamar Advertising Ass 'n of Lakeland, 414 So. 2d 1030
(Fla. 1982).
City of Winter Springs
Ordinance No. 2003-43
Page 1 of 8
WHEREAS, Winter Springs' Comprehensive Plan, Future Land Use Element, Policy 1.5.1
states that "proposed land use amendments which are inconsistent with the character of the
community or inconsistent with adjacent future land uses shall not be approved by the City"; and
WHEREAS, Winter Springs' Comprehensive Plan, Future Land Use Element, Policy 1.5.8
further states that "the City shall maintain site design requirements and subdivision regulations of
the Code of Ordinances which adequately address the impacts of new development on adjacent
properties in all land use categories and zoning districts"; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, deems that it is
in the best interests of the public health, safety and general welfare ofthe citizens of Winter Springs
to adopt this ordinance.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Repeal. Sections 20-475 and 20-491 of the Code of Ordinances, for
the City of Winter Springs, Florida, as set forth below, are hereby repealed as follows (s11 ikcotIt type
indicates deletions):
Sec. 20-475. COli idol design I eliew bo.n d.
Sec. 20-491. COli idol design I eliew boal d.
Tile developl11wtIeview committee shallsel ve as the cOllidoI desigldcv iew bocud fOI devclopnlents
in the Iedevelopmcnt alca overlay zoning district of the S.R. 434 CouidoI and shalllcview Stich
developments fOI a tInif}ing theme accOlding to the design standaIds and make Iccomnlendation(s)
to tIle planning and zoning boaI d. The desigh 1 e v ic ~ bOal d shall 1 C v ic~ and Il1akc a 1 ecommcndation
Icg<llding <Ill}' plOposcd development aglccmcnt pU1snant to section 20-490 of this Code.
City of Winter Springs
Ordinance No. 2003-43
Page 2 of 8
Section 3. Code Amendment, Chapter 9, Land Development. The City of Winter
Springs Code, Chapter 9, Land Development, is hereby amended by creating Article Xl, Minimum
Community Appearance and Aesthetic Review Standards, as follows (underlined type indicates
additions, while asterisks (* * *) indicate a deletion from this Ordinance oftext existing in Chapter
9. It is intended that the text in Chapter 9 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 XI. Minimum Community Appearance and Aesthetic Review Standards.
Sec. 9-600. Statement of findings and purpose.
.ill} The City of Winter Springs has evolved into a unique family-oriented community
with extraordinary cultural character and beauty. Indicative of Winter Springs' uniqueness is its
reputation as primarily a residential community with beautiful mature trees, award-winning parks,
scenic lakefront vistas, and innovative development proiects such as the Tuscawilla PUD, Village
Walk, Cross-Seminole Trail. and the Towne Center - within close proximity to several
internationally-renowned tourist destinations including Walt Disney World, Universal Studios,
Kennedy Space Center and several maior cruise ship terminals.
ill In recognition of Winter Springs' uniqueness, the city commission has determined that
a deliberate and conscientious effort must be made by community leaders, in partnership with
architects, planners, realtors, builders, and the citizenry of Winter Springs, to protect the general
welfare of the community by preserving and improving Winter Springs' aesthetic appearance, beauty,
and character - so as to ultimately enhance the quality oflife and civic pride of all people who reside,
work, vacation, or spend time in Winter Springs.
liD. The facilitator ofthis effort shall be the city commission, whose primary purpose shall
be to encourage creative, effective, and flexible architectural standards and cohesive community
development consistent with the intent and purpose of this Article.
@ The cultural character and beauty of Winter Springs involves, among other things,
the aesthetic quality of all one sees in moving about the entire community. Consequentlv, the
ultimate designers and developers of buildings and structures must be informed ofthe larger context
in which their particular works will be viewed within the community. The task of the city
City of Winter Springs
Ordinance No. 2003-43
Page 3 of 8
commISSIOn shall be to provide a mechanism by which proposed new development and
modifications or rehabilitations of buildings and structures can be reviewed and approved, in a
uniform manner, so as to be in harmony with the comprehensive architecturally related policies,
objectives and standards adopted by Winter Spring's for the overall betterment of the community.
W It is recognized by the Florida Supreme Court that zoning solely for aesthetic
purposes is not outside the scope of the police power of municipal governments - like Winter
Springs. It has also been judicially recognized in Florida (and in other iurisdictions) that the
promotion of aesthetic beauty also protects property values, tourism, and other economic interests
which Winter Springs deems vital to the community.
ill Zoning is the single most powerful legal enforcement of an overall urban concept,
but alone it does not create beauty, aesthetic order, or amenity. The task of the city commission shall
be to preserve various elements of urban beauty and require that new and redevelopment proiects
being developed enhance existing development and the landscape of the community.
(g) The essential foundation of beauty in communities is harmony. The plan for achieving
beauty must grow out of special local characteristics of site, development and redevelopment
potential. Some local areas of natural beauty are Lake Jessup, city parks, Cross-Seminole Trail, and
conservation areas designated in the city's Comprehensive Plan. The vistas and visual delight of
these should only be enhanced.
.au It is the intent and purpose ofthis Article to apply to all new commercial, industrial,
institutional. multi-family, and residential subdivision development projects and major alterations
thereto. It is not intended to apply to individual single-family residences.
Sec. 9-601. Approval prerequisite for permits.
W Without exception, all new building elevations and accessory structures, and proposed
permanent signs for buildings or structures, or maior alterations thereto, shall be approved by the city
commission before a permit is issued for any such building, structure, or sign, which has an exterior
visual impact or effect on the community.
.Gll Notwithstanding paragraph (a) ofthis section, if the city manager determines (at his
sole discretion) that a building permit application is minor or insignificant, the city manager may
grant the permit without submitting the application to the city commission for approval, providing
the permit is consistent with the intent and purpose of this Article. For purposes ofthis paragraph,
the phrase "minor or insignificant" shall mean a small scale renovation or modification proiect
City of Winter Springs
Ordinance No. 2003-43
Page 4 of 8
affecting a small site and having a nominal exterior visual impact and effect on the community. Any
party or person adversely affected by a decision made by the city manager may appeal said decision
to the city commission.
Sec. 9-602. Minimum standards: comoliance with other Code provisions.
The requirements ofthis Article shall be considered minimum standards. Further, they shall
be deemed supplemental of, and in addition to, all other applicable codes adopted by the city
including, but not limited to, the Land Development Regulations, and all fire and building
regulations.
Sec. 9-603. Procedure.
!ill Submission of aoplication. As part ofthe site plan or subdivision review process,
or upon separate application created by the city manager, all applicants for development approval
subiect to the provisions of this Article shall submit to the city manager or his designee the
application and documents prescribed in Section 9-605.
(Q} Scheduling and notice of hearing. Upon receipt ofthe required documents, the city
manager shall forthwith schedule a hearing on the application before the city commission. Said
hearing shall run concurrently with the site plan or subdivision review process to the extent feasible
and practicable. Public notice of the time and place of the public meeting shall be posted at places
within the city deemed reasonably appropriate for providing such notice.
W Conduct of hearing: approval or denial. At the designated public hearing, the city
commission shall hear the applicant on the proposed application, and shall hear from members of
the general public in accordance with the rules and procedures adopted by the city commission.
During the public hearing, the applicant may be present in person or by counsel, and the applicant
has the right to present evidence in support of the application and cross examine adverse witnesses
whose testimony is offered at the hearing. The city commission may approve, approve with
conditions, or disapprove the application only after consideration of whether the following criteria
have been satisfied:
ill The plans and specifications ofthe proposed proiect indicate that the
setting, landscaping, ground cover, proportions, materials, colors, texture, scale,
unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious
manner relevant to the particular proposal, surrounding area and cultural character
of the community.
City of Winter Springs
Ordinance No. 2003-43
Page 5 of 8
ill The plans for the proposed building or structure are in harmony with
any future development which has been formally approved by the city within the
surrounding area.
ill The plans for the proposed building or structure are not excessively
similar or dissimilar to any other building or structure which is either fully
constructed, permitted but not fullv constructed, or included on the same permit
application, and facing upon the same or intersecting street within five hundred (500)
feet of the proposed site, with respect to one or more of the following features of
exterior design and appearance:
(A) Front or side elevations,
LID Size and arrangement of elevation facing the street,
including reverse arrangement, or
{Q Other significant features of design such as, but not
limited to: materials, roof line, hardscape improvements, and height
or design elements.
ill The plans for the proposed building or structure are in harmonv with,
or significantly enhance, the established character of other buildings or structures in
the surrounding area with respect to architectural specifications and design features
deemed significant based upon commonly accepted architectural principles of the
local community.
ill The proposed development of the building: or structure is consistent
and compatible with the intent and purpose ofthis Article, the Comprehensive Plan
for Winter Springs, design criteria adopted by the citv (e.g. SR 434 design
specifications) and other applicable federal, state or local laws.
@ The proposed development has incorporated significant architectural
enhancements such as concrete masonry units with stucco, marble, termite-resistant
wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting
areas, display windows, and other distinctive design features and edges in keeping
with the character of the community.
Sec. 9-604. Duration of approval.
City of Winter Springs
Ordinance No. 2003-43
Page 6 of 8
Approvals by the city commission under this Article shall be valid for a maximum of
eighteen (18) months from the date the city commission renders its approval at a public meeting.
If the applicant fails to obtain a building permit within the eighteen (18) month period, the city
commission's approval shall expire at the end of the period. However, once a building permit is
issued, the approval shall be valid for a time period equal to the permit and shall expire only if the
building permit expires. Reasonable extensions may be granted by the city commission upon good
cause shown by the applicant, provided substantial changes have not occurred in the surrounding
area that would make the prior approval inconsistent with the criteria set forth in Section 9-603.
Sec. 9-605. Application criteria.
An applicant shall submit the following application information to the citv manager or his
designee for consideration by the city commission:
ill} A site plan in accordance with other provisions of the city code.
{Q} Building elevations illustrating all sides of structures facing public streets or spaces.
(d Illustration of all walls, fences, and other accessory structures and the indication of
their height and the materials of their construction.
@ Illustration of proposed exterior permanent signs, outdoor advertising or other
constructed elements other than habitable space, if any.
ill Illustration of materials, texture, and colors to be used on all buildings, accessory
structures, exterior signs, and other constructed elements.
ill Such other architectural and engineering data as may be requested to clarify the
application.
Sec. 9-606. Building permits: enforcement.
Unless otherwise provided by this Article, no building permit shall be issued until the city
commission has approved the proposed building's or structure's architectural specifications and
design features, pursuant to this Article. Any final plans and specifications that differ substantially,
in the opinion of the city manager, from the approved application by the city commission shall be
resubmitted prior to the issuance of the building permit. All approved specifications and design
features shall become a binding condition of, and made a part of, the building permit(s) secured for
City of Winter Springs
Ordinance No. 2003-43
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the building or structure associated therewith. The building permit shall be enforced in a manner
similar to all other building permits issued by the city.
Section 4. 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 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. 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 ofthe remaining portions of this Ordinance.
Section 7. 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 , 2004.
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
JOHN F. BUSH, Mayor
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:
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City of Winter Springs
Ordinance No. 2003-43
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