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HomeMy WebLinkAbout2004 01 26 Public Hearings 403 012604_ COMM _ Public_ HearinL 403_ Temporary_Ordinance _Town_Center C()MMISSION AGENDA ITEM 403 Consent Information Public Hearin X Re ular January 26, 2004 Meeting MGR.P-. /Dept. REQUEST: City Manager requests that the City Commission to adopt First Reading of Tempo:rary 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. CONSIDERA TION: 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. 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 _Public _ 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: Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Jan-23-04 4:55PM; Page 2/6 Draft 1/23/2004 ORDINANCE NO. 2004-10 AN ORDINANCE OF TUE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOIJE COUNTY, FLORIDA., AMENDING SECTION 20-327(d) OF THE TOWN Ct;NTER DISTRICT CODE REGULATING DEMISING WALLS, INTERIOR PARTITIONS, AND WINDOW TRANSPARENCY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, NO INCORPORA TION INTO THE CODE, SEVERABILITY, SUNSET, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b). Article VITI, of the State Constitution. \0 ~x~rdsc any power for municipal pUlposes, except when expressly prohibited by law; and WHEREAS, the City of Winter Springs and itl;; citizens have substantial amounts of time and public money invested in the Winter Springs Towne Center; and WHEREAS, the success of the Towne Center is vital to the Winter Springs Community; arid WllEREAS, the City has experienced considerable conflict within the Towne Center regarding the issue of window transparency, demising walls (tenant partition walls), and interior partitions; and WHEREAS, this conflict could seriously undermine the future success of, and the City's substantial public investm~ml in, the Towne Center project; and WHEREAS, the City has retained the professional services of'two renowned town center consultants to conduct an extensive review of the current Town Center District Code and to provide recommendations for enhancing and clarifying t)aid Code in order to increase the likelihood that the Town Center project will be successful; and WHEREAS, while: this review is being conducted, it is paramount to the public's interest that the City impose temporary regulations regarding demising walls, interior partitions, and window transparency in order to pmse1\lc the integrity and success ofthe Towne Center project; and WHEREAS, based on previous conflicts on these i~sues, the City Commission, after being duly advised by its consultants and staff, hereby finds that without these temporary regulations, there is a substantial risk that the Towne Center project will proceed in a direction contrary to the fundamental principles whieh are required to develop a successful and vibrant town center; and City of Winter Springs OrdinaD.ce No. 2004-10 Page 1 of 5 Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Jan-23-04 4:55PM; Page 3/6 WHEREAS, a vibrant and successfullown center requires a sense of place and substantial interaction bctween pedestrian consumers walking the streets and sidewalks and the business merchants operating within the town center; and WHEREAS, this seTIse of place and interaction between business merchants and consumers will occur and be maxilniz<Jd only through greater window transparency; and WHEREAS, window transparency is a fundamental principle in town center development projects and w1l1 connect the internal space of business merchants and the outside space which consumers traverse such as sidewalks and streets; and WHEREAS, window transparency within the Winter Springs Towne Center will hetp create a sense of commercial vibrancy and excitement which a consumer expects from a sllccessful commercial town center e.nvironment such as Park Avenue in Winter Park. Celebration and Downtown Disney; and WHEREAS, window transparency creates better vi sihi Ii ty bel ween business merchants and consumers and this visibility should generate beller ~ales and more income for merchants and higher rcvcnucs for the City of Winter Springs~ and WHEREAS, window transparency is necessary to ensure that bu siness merchants orient their businesses to the public streets and sidewalks; and WlfEREAS, the City Commission finds that the City has a compelling government interest to generate higher revenues from the Towne Center to secure an adequate return on the citizens of Winter Springs' investment in the Towne Center; and WHEREAS, the City Commission of the City of Winter Springs, Florida, deems that it is in Lhc btlst interests ofthe 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 ORJ)AlNS~ AS FOLLOWS: Section 1. Recitals. The foregoing recitals arc troc and correct and arc fully incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 2. COdf: Amendment. The City of Winter Springs Code, Section 20-327(d), IS hereby amended as follows (underlined type indicates additions and sbikc;out type indicates deletions): City of Winter Springs OrdinlUtce No. 2004.10 Page 2 of 5 Sent By: BROWN,SALZMAN,WEISS&GAHGANESE; 407 425 9596; Jan-23-04 4:55PM; Page 4/6 Sec. 20-327. Architectural guidelines. (d) Opaci~y and facades: ill Each floor of any building facade facing a park, !';quare or street shall contain transparent windows covering from fifteen (15) percent to seventy (70) percent ofthc wall area. Retail Commercial storefront areas only: ill order to IProvide clear views of merchandise in stores and to provide natural surveillance of exterior street spaces, the ground-floor along the building frontage shall have transparent storefront windows covering no less than lifty (50) percent of the wall ar(~a. Storefronts facing Main Strcet, parks and squares shall remain unshuttered at night and shall utilize transparent glazing material, and shall provide view ofinteljor spaces lit from within. Doors or entrances with public access shall be provided ;at intervals no greater than fifty (50) feet, unless otherwise approved by the development review committee, ill No interior demising wall (tenant sCJlaration waln shall intersect or connect to a window. m No interior demising wall or partition shall he constructed or installed within fifteen (15) feet of any window so that an unobstructed view of a minimum of fifteen 0.5) fect through the window from the sidewalk or street is preserved. This Subsection (d)(3) shall only apply to nonresidential uses and to first floor windows. @ The City Commission may grant a special exception to the requirement!5 contained in Subsection (d)(3) provided the special exception satisfies the special exception criteria and procedure set forth in Section 20-321 and the following special conditions: a. The special exception is needed to accommodate the needs of a particular business merchant and is the minimum exception required to meet those necd~ b. The proposed demising wall or partition does not significantly diminish the visib ility between the ints;mal space o[tlle merchant business and the outslde sidewalk or street. ~ The proposed demising wall or interior oartition shall not be constructed or instaUed closer than ten (10) feet of any window. City of Winter Springs Ordinance No. 2004.10 Page 3 of 5 Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Jan-23-04 4:56PM; Page 5/6 c.l. Illiu)roposed demising wall or interior partition is consistent with the intent and purpose of Ordinance 2004-10. ill Temporary freestanding movable partitions. hI ind display cases. and backdrops 'Used as part of a bonafige window display may be utilized by a merchant business to promote their merchandise and selViees provided said partition docs not obstruct more than fiftypercenl (50%) of any window area. In no event shall any temDorary freestandinl1 movable partition. blind disolav case. or hackdrop be installed closer than five (5) feet from any window. Section 3. Repflal of Prior Inconsistent O..din8nces and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, arc hereby repealed lo the extent of the conflict. Section 4. No Iucorporation Into Code. This Ordinance shall !!91 be incorporated into the Winter Springs City Code. Section 5. Sevclrability. If any section, subsection, sentence, clause, phrase, word or pTUvi::;ion of this Ordinanc,e is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whelher for substantive, procedural, or any other reason. such portion shall be deenled a separate, distinct and indepenc.lenl provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shalt become effective immcdiately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. Section 7. Sunslet Provision. This Ordinance shall automatically expire and be repealed one hundred twenty (120) d-ays from the effective date of this Ordinance. ADO PTED by the City Commission 0 r the City of Winter Springs, Florida, in a regular meeting assembled on the __ duy of , 2004. ATTEST: ANDREA l"ORENZO-LUACES, City Clerk JOHN F. BUSH, Mayor City of Winter Springs Ordinance No. 2004-tO Page 4 of 5 Sent By: BROWN ,SALZMAN ,WEISS&GARGANESE; 407 425 9596; Approved as to legal form and sufficiency for the City of Winter Spring!~ only: ANTHONY A. GARGAN ESE, City Attorney Erst Reading: Second Reading: Effective Date: G:\Docs\Cily of Winter Spliogs\OrdinanecsIToWD_ Center _PUlitioll. wpJ City of Winter Spt'jng~ Ordinance No. 2004-10 Page 5 of 5 Jan-23-04 4:56PM; Page 6/6 .~ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager MEMORANDUM TO: Mayor and Commission Ronald W. McLemore, City Manager fL----' FROM: DATE: January 26,2004 SUBJ: Agenda. Item 403 - Town Center Ordinance Number 2004-10 The proposed ordinance needs to be amended to include language prohibiting structural member, HV A systems and electrical systems other than room lighting from intersecting with windows. . . /jp Attachment a) Victor Dover E-mail of December 30, 2003. b) Jon Eisen Letter of January 12,2004. U:\Docs\Word\Town Center\James Doran\2004\Agenda Item 403 Ordinance 2004-10 Memo.doc -; ra~1;; 1 Vi k, -------0- j Jan Palladino From: Victor Dover [vdover@doverkohl.com] Sent: Tuesday, December 30,200312:06 PM To: Eloise Sahlstrom; James Dougherty; Victor Dover; Ron McLemore; Ron McLemore Cc: Kristen Thomas; Marice Chael Subject: RE: Bldg 1 issues - response from Victor Dover Importance: High I am on vacation in North Carolina but I have reviewed the pictures Eloise sent me. This is fairly disappointing stuff, I agree. I see why Ron has found this infuriating. The stud partition coming down right in the middle of a storefront and an upstairs window: this is totally unacceptable--- sheer incompetence, and it needs to be changed. This is just more evidence of a strip shopping center developer & architects failing to adapt to a Main Street condition where they lack experience, and left unchanged it will just lead to snickers about the developer, City, and everybody else involved. In Main Street bUildingStPartitions are matched to the bays of windows: if the demisinQ wall between tenant s aces needs to occur in an alignment tha aligns within a window, it should jog to one side or the other no closer t an five eet a way WI rom e wlriaow. Une tenant or me otner gets me wmaow. The slab that is not matched to the elevat.ion of the sidewalk: this is also an inexplicable condition. Since this situation was discussed ad nauseum before construction on the building walls commenced I am assuming the developer and contractor were completely aware of this and installed the slab improperly anyway at their own risk and expense. The slab should be torn out to the extent necessary and repoured correctly, with the interior slab matched in elevation to the sidewalk on the FRONT side of the building, to keep the street-side entrances functional. Transitions (steps, ramps etc) can be installed within the building if necessary to match the grade of the parking lot area. Abandoning the sidewalk entrances to the building will effectively turn its back on the Main Street. Even though everyone understands that many patrons will enter from the parking lot side. this is not the point-- the building at the comer MUST communicate that the City is building a street-oriented town center, not a strip shopping center that is oriented only to its parking lots. Otherwise the step-by-step unraveling of the Town Center plan by the strip shopping center developer into a worst-of-both-worlds, incomprehensible and dysfunctional mush will be finalized. Now that I have seen the pictures! do no.l recommend the creation of an elevated sidewalk / outdoor dining patio area facing Market Square instead of fixing the slab problem. Elevated dining patios are most practical when provided in addition to a properly graded sidewalk, not instead of one. Replacing the sidewalk with an elevated patio will create ADA problems, will aggravate pedestrian accessibility issues, and will make this FRONT side more like a back porch. This, of course, is exactly what the developer probably intends; strip center mstaurants usually have just one door, and they probably want it on the parking lot side. On Main Street the street-side entry is REQUIRED while the second entry on the parking lot side is encouraged, permitted, but optional. For this same reason I recommend retaining at least some of the on street parking on the Market Square side. It may be possible to remove one or two spaces, to increase the sidewalk area for outdoor dining, but removing all the parking will seal off the front and discourage entry from that side-exactly what the city should NOT want (see the small north-south road in the middle of the Doran parcel, where onstreet parking was eliminated from the design and merchants effectively walled off that side in response. Outdoor dining service could also be expanded into Market Square itself, in the manner of a European plaza. Victor Dover -----Original Message----- From: Eloise Sahlstrom [mailto:esahlstrom@wintersprlngsfl.org] Sent: Tuesday, December 23,2003 1:57 PM To: James Dougherty; Victor Dovl:!r Subject: Bldg 1 issues Attached are some photos (File 1} taken showing a doorway grading problem. The contractor indicated that the city had agreed on a fake doorway- not so! But now we have a problem with the 30" grade difference. I gues Ron will be calling to get your input if he hasn't talked with you already. 12/30/2003 January 12,2004 Mr. Ronald McLemore City of Winter Springs 1126 East State Road 434 Winter Springs, FL 37208 Re: Town Center Dear Ron, As per our conversation today and my recent visit to your municipality the following shall serve as the basis of our conversations. After visiting the town Center in Winter Springs, Florida I have the following observations: 1. Many ofthe storefronts in Town Center have demising partitions placed up against the storefront windows. This is both an unobtrusive, as well as an unsophisticated solution to demising retail tenant ~;paces. Having worked on many mixed-use Town Center projects around the country I have never seen condItions of thIS nature. As you move forward, It is our recommendatIOn that both the developer as weB as a municipality enforce a guideline that stipulates the location and position of all demising partitions. On a project such as Town Center, exterior wall partitions that demise between retailer spaces shall always be positioned off of the exterior colunm. The purpose for starting demising walls off of the outside wall, versus a storefront is primarily for a visual and aesthetic purpose. The end of the demising wall stud's are always exposed to the consumer as they walk by the storefront. This is both awkward, as well as unnecessary. Not only does it provid.e a negative visual, but it also potentially cancels out the warranty of the storefront. When you fasten a stud wall to the vertical mullion system of the storefront you alter the effect of the storefront system. 2. I realize you also have a situation regarding the transition area within the first five to 10 ft. of a retailer's space within Town Center. It is my opinion that you need to update your Town Center guid.elines to deal with this issue of transparency, as it relates to all of your existing and new retail tenants. The principal interaction between retail goods and the consumer is what defines retailing. When your retail storefronts block the consumer's ability to engage with the retail products at your Town Center it hurts not only that tenant, but the other tenants as well, because those specific tenants are not good co- tenants. At every juncture of a retail development and were mixed use project, promote retail you need to be able to incorporate retail design guidelines that not only support the individual retailers, but their neighbors the co-tenants as well. I realize that this is only two of the items that we look that while we were together in Winter Springs this past December. We certainly hope that we can support you and your developer's needs by assisting you through a process that educates both parties involved. If you have any questions regarding this or any other issue pleased not hesitate to contact me at your convenience. Sincerely, Jonathan B. Eisen Managing Principal Street Sense