Loading...
HomeMy WebLinkAbout2004 01 26 Public Hearings 402 (:OMMISSION AGENDA ITEM 402 Consent Informational Public Hearing x Regular January 26.2004 Meeting ~ Mgr. / Dept. REQUEST: The City Attorney requests that the City Commission adopt onSecond and Final Reading Ordinance No. 2003-43 establishing minimum standards for community appearance and aesthetic review of land development projects. PURPOSE: The purpose of this ordinance is to establish minimum standards for community appearance and aesthetic review of land 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 of the 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: 1. 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 estab:lished 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 RECOMMENDA llION: The City Attorney recommends that the City Commission adopt on Second and Final Reading Ordinance No. 2003-43. ATTACHMENTS: Ordinance 2003-43. COMMISSION ACTION: The City Commission approved Ordinance 2003-43 on First Reading on December 8, 2003. Page 2 of 2 ORDINANCE NO. 2003-43 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLl8: COUNTY, FLORIDA, AMENDING CHAPTER 9, LAND DEVELOPMENT, BY CREATING ARTICLE XI, ESTABLISHING MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW STANDARDS FOR COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, MUL TI- FAMIL Y, 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 of the 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 ofreviewing 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); Sun ad, 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 atnendments 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 alllarid 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 of the citizens of Winter Springs to adopt this ordinance. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORI)A1lNS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Cod,e 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 (strikcout type indicates deletions): Sec. 26-475. COli idOl design I el iew boon d. The devdopmentIevie~ eonmlittce shall seI vC as tllcconidOl dcsigldevic~ bOc11d fot dCvdopments in tilG Ne.~ De.velopment Area Ove.tlay Zoning District of the. S.R. 434 ConidoI and shallIcvic~ such developme.l1ts 001 .1 dnifying theme ace.OIding to the. design standc11ds and 111ake. leeo1nme.ndation(s) to the plc11ming and zoning boatd. The design le'\1ie~ boald shall ICvie.~ and make. aleeonmlendationlegc11ding any pIoposcddcvdopment agreement pmsuc111t to section 20-474 o[this Cod". Sec. 26-491. COil idOl deiJign I nie", boal d. ThedevdopmClltIevie~ committce shall sel ve as the conidol designlevic~ board foI de. v clopments in the Icclevdopnle.nt a1e.a ove.Ilay zoning district of the S.R. 434 CorridoI and shall ICvic~ such devdopments fOI a unifying the-me. accolding to the design standc11ds and make Iccommendation(s) to the planning and zoning bOc11d. The design I e v ic~ boat d shall I e. v ic~ and makG a I ee.omnlGndation Iq~atding any ploposed develophlelrt agIGCment pUlsuant to scction 20-490 o[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 XI, Minimum. Community Appearance and Aesthetic Review Standards, as follows (underlined type indicates additions, while asterisks (* * *) indicate a deletion from this Ordinance of text 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. W The City of Winter Springs has evolved into a unique fatnily-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. Kennedv Space Center and several maior cruise ship terminals. au 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. platmers. realtors. builders. and the citizenry of Winter Springs. to protect the general welfare ofthe 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. {f} 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. atnong other things. the aesthetic quality of all one sees in moving about the entire community. Consequently. 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 Qrovide a mechanism by which proposed new development and modifications or rehabilitations of buildings and structures can be reviewed and approved. in a uniform matmer. so as to be in harmony with the comprehensive architecturally related policies. obiectives and standards adopted by Winter Springs 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 iudicially recognized in Florida (and in other jurisdictions) 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 atnenity. 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. (gl 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 ofnatural 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. .aD. It is the intent and purpose ofthis Article to apply to all new commercial. industrial. institutional. multi-family. ,md residential subdivision development proiects and maior alterations thereto. It is not intended to apply to individual single-family residences. Sec. 9-601. Approval prerequisite for permits. uu Except as provided in subparagraph (b) of this Section. 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. au Notwithstanding paragraph (a) of this section. if the city manager determines 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 of this paragraph. the phrase "minor or insignificant" shall mean a small scale renovation or modification proiect affecting a small site and City of Winter Springs Ordinance No. 2003-43 Page 4 of 8 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: compliance 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. W Submission of application. As part of the site plan or subdivision review process. or upon separate application created bv 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. DU Schedulin~ and notice ofhearin~. 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. if) Conduct ofbearin~: 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 ofthe application and cross exatnine 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. proportions. materials. colors. texture. scale. unity. balance. rhythm. contrast. and simplicity are coordinated in a harmonious matmer 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 J2lans for the proposed project 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 project are not excessively similar or dissimilar to any other building. structure or sign which is either fully constructed. permitted but not fully 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. @ 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. @ The plans for the proposed project are in harmony with. or significantly enhance. the established character of other buildings. structures or signs 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 project is consistent and compatible with the intent and purpose of this Miele. the Comprehensive Plan for Winter Springs. design criteria adopted by the city (e. g. Towne Center guidelines. SR 434 design. specifications) and other applicable fedleral. state or local laws. (Q} The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco. marble. termite-resistant wood. wrought iron. brick. colunms and piers. porches. arches. fountains. planting areas. display windows. and other distinctive design detailing and promoting 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 (8) 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 (:riteria. An applicant shall submit the following application information to the city manager or his designee for consideration by the city commission: W A site plan in accordance with other provisions of the city code. .au Elevations illustrating all sides of structures facing public streets or spaces. W Illustration of all walls. fences. and other accessory structures and the indication of their height :md the materials of their construction. @ Elevation of proposed exterior permanent signs. outdoor advertising or other constructed dements other than habitable space. if any. W 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 Page 7 of 8 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. Reptlal 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 ,md 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 of the remaining portions of this Ordinance. Section 7. Effe(:tive 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: G:\Docs\City of Winter Springs\Ordinances\Aesthetic _Review, wpd City of Winter Springs Ordinance No. 2003-43 Page 8 of 8