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HomeMy WebLinkAbout2004 02 09 Public Hearings 404 020904_ COMM ]ublic _ HearinlL 404_ Second _ Reading_ 2004-10 CC~MMISSION AGENDA ITEM 404 Consent Information Public Hearin Re ular x February 9.2004 Meeting MGR. ~ IDept. 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_ Readin!L2004-1 0 Page 2 of2 These actions are fully inconsistent with Town Center design concepts. However, the cunent Town Center Code does not provide adequate regulations to officially address these issues. Since d.evelopment 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 COD:!!:: 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: 1/27/2004 ORDINANCE NO. 2004-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING SECTION 20-327(d) OF THlE TOWN CENTER DISTRICT CODE REGULA TING DEMISING WALLS, INTERIOR PARTITIONS, AND WINDOW TRANSPARENCY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, NO INCORPORATION INTO THE CODE, SEVERABILITY, SUNSET, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article vm, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City of Winter Springs and its citizens have substantial amounts of time and public money invested in the Winter Springs Town Center; and WHEREAS, the success ofthe Town Center is vital to the Winter Springs Community; and WHEREAS, the City has experienced considerable conflict within the Town 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 investment in, the Town 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 said 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 preserve the integrity and success of the Town Center project; and WHEREAS, based on previous conflicts on these issues, 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 Town Center project will proceed in a direction contrary to the fundamental principles which are required to develop a successful and vibrant town center; and City of Winter Springs Ordinance No. 2004-10 Page I of 5 WHEREAS, a vibrant and successful town center requires a sense of place and substantial interaction between pedestrian consumers walking the streets and sidewalks and the business merchants operating within the town center; and WHEREAS, this sense of place and interaction between business merchants and consumers will occur and be maximized only through greater window transparency; and WHEREAS, window transparency is a fundamental principle in town center development projects and will 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 Town Center will help create a sense of commercial vibrancy and excitement which a consumer expects from a successful commercial town center environment such as Park A venue in Winter Park, Celebration and Downtown Disney; and WHEREAS, window transparency creates better visibility between business merchants and consumers and this visibility should generate better sales and more income for merchants and higher revenues for the City of Winter Springs; and WHEREAS, window transparency is necessary to ensure that business merchants orient their businesses to the public streets and sidewalks; and WHEREAS, the City Commission finds that the City has a compelling government interest to generate higher revenues from the Town Center to secure an adequate return on the citizens of Winter Springs' investment in the Town Center; 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 ORDAINS, AS FOLLOWS: Section 1. Redtals. The foregoing recitals are true and correct and are fully incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Section 20-327(d), IS hereby amended as follows (underlined type indicates additions and St1 ikeout type indicates deletions): City of Winter Springs Ordinance No. 2004-10 Page 2 of 5 Sec. 20-327. Architectural guidelines. (d) Opacity and facades: ill Each floor of any building facade facing a park, square or street shall contain transparent windows covering from fifteen (15) percent to seventy (70) percent of the wall area. Retail Commercial storefront areas only: In order to provide 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 fifty (50) percent of the wall area. Storefronts facing Main Street, parks and squares shall remain unshuttered at night and shall utilize transparent glazing material, and shall provide view of interior 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 separation wall) or partition, structural member, HV AC system, or electrical systems other than room lighting shall intersect or connect to a window. ill No interior demising wall or partition shall be constructed or installed within fifteen (15) feet of any window so that an unobstructed view of a minimum of fifteen (15) feet 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. if! The City Commission may grant a special exception to the requirements 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 needs. b. The proposed demising wall or partition does not significantly diminish the visibility between the internal space of the merchant business and the outside sidewalk or street. City of Winter Springs Ordinance No. 2004-10 Page 3 of 5 c. The proposed demising wall or interior partition shall not be constructed or installed closer than ten (10) feet of any window. d. The proposed demising wall or interior partition is consistent with the intent and purpose of Ordinance 2004-10. ill Temporarv freestanding movable partitions. blind display cases. and backdrops used as part of a bonafide window display may be utilized by a merchant business to promote their merchandise and services provided said partition does not obstruct more than fifty percent (50%) of any window area. In no event shall anv temporary freestanding movable partition, blind display case, or backdrop be installed closer than five (:5) feet from any window. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Conunission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. No Incorporation Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 5. Seyerability. 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 6. Em~ctive 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. Section 7. Sunset Provision. This Ordinance shall automatically expire and be repealed one hundred twenty (120) days from the effective date of this Ordinance. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2004-10 Page 4 of 5 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\Town_Center_Partition. wpd City of Winter Springs Ordinance No. 2004-10 Page 5 of 5 Date: 020904 The following Documents were distributed on 02/09/04 during Public Hearings "404" by Manager McLemore 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 ~ FROM: DATE: February 9, 2004 SUBJ: Agend~l Item Public Hearing 404 Public Hearing Agenda Item 404 providing for temporary tenant space rules for the Town Center is before you for adoption tonight. Today at approximately 4:00PM we received the attached agreement from J.D.C.'s attorney Hal Kantor. Under no circumstances should the Commission adopt this aereement. I am shocked that after all that has been said that J.D.C. still doesn't differentiate in their minds the fundamental difference between Main Street buildings and other buildings within their development. Relative to this matter, I would like to offer two alternative recommendations as follows: 1. If the Commission agrees to delay adoption of the ordinance it is imperative that we have an agreement with J.D.C. providing that no further tenant improvements will be permitted or constructed which provides for the installation of any walls closer than 15- feet to the primary street front in Building "I" or any other buildings located on Main Street during the delay period. 2. If the Commission chooses to go forward with 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. Building's other than Building "I", and those fronting Main Street within the currenltly approved J.D.C. Development area. F or all commercial buildings other than Building "1" and those facing Main Street within the currently approved lD.C. development area, ground floor interior partitions shall occur no closer than lO-feet behind the buildings frontage line for retail and restaurant uses, and 5-feet behind the building frontage line for all other uses. The advantage of this proposal is clear as follows: 1. The importance of Main Street buildings are differentiated from other buildings. (15-foot interior wall set backs rather than 8-feet n:commended by J.D. C.) 2. This proposal is more liberal than lD.C.'s proposal in buildings other than Main Street building. (5-foot interior wall set back for uses other than retail and restaurants rather than 8-feet recommended by J.D.C.) /jp Attachment 020904 Public Hearing item 404 . Sent By: BROWN ,SALZMAN ,WEISS&GARGANESE; 407 425 9596; A_. W._ _._'_VVA w..~ Feb-Q-04 3:55PM; Page 3/4 ..,....D...'-.. -... 4GREDfENT --- TIns AGREEMENT is hereby tIlIered into abis _day of FebnMry, 2004> by 8nd between Ihe City of W'mter SpriDp. Florida (hcn:mafter zefmred to as the '"City") and Capital 0Je= ~ LLC, a Georgia limited liability compay (bmiaaftct referred to IS tM "DcvdopC'l'''). WHEREAS. Ihe City and me Calhoun. Inc. tateted into ID Aareement dated AupsI I, 2000 and amended by that Pint ~ of Agreemea1 emaecl into betweeI\ 1bc parti.e$ 4ateet July, 2001; and WHEREAS. the Developcril*succ~.in-interesl ro JOC Calbouu, Jnc.; and WHEREAS, the City has pezxIjna before it the IIeCOnd Iadina of an ~ which modifies the Town Center DiarUrt Code as _fined in 8IWi IS IUlChed to the ApcemeDt; and WHB~ the Developm' Us objected to the City'. autbori~ to modify 1he Town Cen1t:r District Code on mollS legal grounds; IDd WHEREAS, m caosidaaIion Of c:erWn c:ODJ:Jni1mCQCS by Ibe Developa- ad forth blRin, the City 11M .- to dcbay the adoption on. second teatina of thI: IIDCDd.meut 10 &he Town CaJtI:r DiJtric:t Code identified 15 Proposed Ordj~ No. 2004- 10; NOW nmREFORE. in cousideration of the pranises thereof and other good and valuable consideration. the receipt and sufficiel'lcy of which is hereby acknowIqed. 1he panies IIII'Ce as follows: !. StaaddiTI ~L The City IIJ1'CS thIl it shall DOt bring forward for CObSidemtion 1he second readiDa oftbe amtIldmeD1 to 1he Town Center Distriet Code until and after June 15, 2004. Aflet JUDe 1St 2004, the City m.u DDl be 1CS1rietc4 !loin brin&in8 said Code modifications forwarded jlWridcd howcvett the City sballdc1Mr to the Detidgper tal days prior written notice of me beariDg with raped 1be!eto. NoIhiDi ~ntJd herein sb81l be eonstrucd as consent by 1M Developer to 1M adoptiOD oftbe proposed Code ~. 2. De\reloaer Co_.rn.-.... D\lrin& the ItIIDdstiII period, Oneroper asrees d1Id it shall abide by the fo1lowina eondi1iom: A.. No imaiar cIemisiai wall (tcnam sepmtioa WIll) sbaIl inIa'scct or COIU'leCt 10 a window. excepl thole previously approved. B. Widl respect to that portion Qf Builcliaa I loea1ed 011 Main Street, 00 interior dc:mising wall Of panitioft IbaU be ~ or iDltaJled within eipt (8) feet ()( any window alona MaiD S1Ieel so 1h8t ID uaobsUucted view of . minimum of eiabt (B) feet through the wiDdow from the sidewalk or __ is praervcd. This c:oadition shill only apply to n0n- residential usa IIIId to fuSI Ooor windo," end shall only apply to chat portioa of Build.iq i located on MaitI SbCCt. tI09lJ99NlOlO~ Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Feb-9-04 3:55PM; ~...... ......... "Z~...~ ""0'''"\1\1.... J..LU k'~UJ;!. ~/~ n..&.l;ULrd.}\, Page 4/4 3. THIll-ide. .f SWaddtD Period. At the end of the Stmtd!ltill Period, the ~ of tbt: parties cantBined baan shall terminate -.I \hit Asrecmcm ahal1 be in DO Nrther force 8DlI effect. WHEREAS. ~~ hereto have entered to this Agreement aD the day and year hereinabove set forth. WITNESSES: crrv Of \\'INTER SPRINGS, it Florida munic;ipaJ wrporation _-.lame:' .,J..~..... "I..::.r:.",,; ': . . , " '.,;.; ;'.~ .~~ ;~:'...,., '. '. .... ..' ,.' .;;P~.l' " '.~I i i~:"-"~I;~W~Q~~"'" 'J . ._.,'i..-";'';:._'a'.::,' .~... '''_'', ....... ...:..__ ,";". .....~ Prlnt'Niine: A'ITEST: . .." :'1 1 ~ :'::'...:....-:..:.~i~,~'7--..., WITNESSES: Print Name: CAPrrAL GREIN It LLC, a Georgia limited liability company By: I:DS PROPER11ES, INC., its manager By: Name: Title:: Print N~....--..~--~ ,.---- ATfEST: r.:~\::~:~~~.~.'.:.lo,~:'~ :'. . ""'::.';,:~~,,:"'r:.":l~i...8l .' OG999lIIIDLOlIIllJ\1ZfXlOI\I 2 ~ " 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 FROM: Ronald W. McLemore, City Manager ~ DATE: February 9, 2004 SUBJ: Clarification of Incorrect Issues Three comments have been asserted about the Town Center that are incorrect as follows: 1. The Town Center Code and staff have required the developer and tenants to adhere to the transparency rules in the rear of Town Center buildings making it impossible for tenants to orient their business to the street. This is absolutely incorrect. The transparency rules in the code are clearly and purposely written to regulate store fronts facing the. primary space or primary street. See Section 20-325 and 20-327. The Developer chose to improve the rear of the buildings at his own discretion. Tenants chose to move bathrooms, supply rooms, employee break rooms, janitorial rooms, etc., and their related walls to the front of the buildings because they preferred to orient their business to the parking lot, not because staff was forcing them. To the contrary, the staff has been vigorously fighting this for two years. 2. The Mayor and Commission have not been given plans of Market Square for approval. Again this is incorrect. Regular Agenda Item "A" of the August 8, 2002 Commission meeting presented detail drawings of the project for Commission approval. Consent Agenda Item "c" of the January 27, 2003 Commission meeting requested authorization to employ the contractor to construct the project. Sentence "3" paragraph '3" under the Considerations section states: '" "The detailed plans are available for review in the City Clerks Office." These are the same plans you approved on August 12,2002. 3. The Mayor and Commission have not approved the revised {'lans for the amphitheatre and Blumberg Boulevard. Correct. Even though the revised plans have not been formally shown I have shown them to several of you who have come by City Hall. Why have they not been formally shown? These plans were revised 1ree of charge by Bill Starmer to reflect what we learned in Reston We were waiting for two events to present the revised plan to the Commission as follows: 1. The long awaited workshop on the Town Center in which we plwmed to discuss what we learned at the Reston conference. That workshop took place after much delay, February 4, 2004. 2. We needed to get State approval of the concept of building structures in the State right of way. The State approved the concept just this past week. Although the revised plans were presented at the workshop we need to bring the plans to the next Commission meeting for formal approval. At that time we will have cost estimates and funding information available. /jp 020904 Clarification of Incorrect Issues