HomeMy WebLinkAbout2004 10 25 Public Hearings 407
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COMMISSION AGENDA
ITEM 407
Consent
Informational
Public Hearing X
Regular
October 25,2004
Meeting
r~MGR. )ff /DEFT //Y
Authorization
REQUEST:
The Community Development Department requests the City Commission hold a Public Hearing
for aesthetic review of the Barclay Woods town house units.
PURPOSE:
To ensure new town home development at the eastern gateway to our City conforms to the
City's Aesthetic Review Standards set forth in Ordinance No. 2003-43.
APPLICABLE LAW AND PUBLIC POLICY:
Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs (attached)
CHRONOLOGY:
Jan. 26.2004- City Commission adopted Ordinance 2003-43, establishing minimum community
appearance and aesthetic review,
June 14.2004- City Commission voted to approve final engineering/site plan.
CONSIDERATIONS:
The site work has been in progress and the builder has submitted master plans for the buildings.
However, despite being reminded by staff, no aesthetic review materials were provided for staff
review and taken to the City Commission, as required by Ordinance No. 2003-43. No building
permit may be issued without the City Commission's approval, pursuant to the Section 9-606.
The submittal requirements are set forth in Section 9-605 and include the following: (a) a site
plan; (b) elevations illustrating all sides of structures facing public streets or spaces; (c)
illustrations of all walls, fences, and other accessory structures and the indication of height and
their associated materials; (d) elevation of proposed exterior permanent signs or other
constructed elements other than habitable space, if any; (e) illustrations of materials, texture, and
colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural
and engineering data as may be required. The procedures for review and approval are set forth
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October 25, 2004
PUBLIC HEARING ITEM 407
Page 2 of4
in Section 9-603. The City Commission may approve, approve with conditions, or disapprove
the application only after consideration of whether the following criteria have been satisfied:
(1) The plans and specifications ofthe proposed project indicate that the setting, landscaping,
proportions, materials, colors, textures, 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.
The proposal appears to meet this criteria.
(2) The plans for the proposed project are in harmony with any future development which has
been formally approved by the City within the surrounding area.
No other formal submittal has been received by the City for any future development whtin
this area. Barrington Estates is an existing development.
(3) 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 ofthe proposed site, with respect to one or more ofthe following features
of exterior design and appearance:
(A) Front or side elevations,
(B) Size and arrangement of elevation facing the street, including reverse arrangement,
(C) Other significant features of design such as, but not limited to: materials, roofline,
hardscape improvements, and height or design elements.
The applicant proposes the same building throughout the Barclay Woods project, with
different town house units having only a slightly different pallet of colors (primarily for
doors and shutters) throughout the project. However, to provide diversity and avoid
repetition, windows and/or porches could be varied, bay windows could be included on
some units, and the materials and roofline (even roof colors could be coordinated) could be
alternated to ensure variety among the products - all with the same basic building
"footprint." The objective is to avoid the old cliche "rows of houses that are all the same
and no one seems to care."
(4) 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.
The project appears attractive, except that there is no architectural variation among the
different structures (structures containing a number of townhouse units).
. (5) The proposed project is consistent and compatible with the intent and purpose of this Article,
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October 25, 2004
PUBLIC HEARING ITEM 407
Page 3 of3
the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Towne
Center guidelines, SR 434 design specifications) and other applicable federal state or local laws.
The project appears attractive, except that no variation among the buildings is proposed -
other than minor color changes. Other requirements of Section 9-605 need to be provided,
to make the submittal consistent with Code.
(6) The proposed project 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 detailing and promoting the character of the community.
The project has incorporated certain features from this list into the subdivision.
FINDINGS:
Staff has reviewed the applicant's request for aesthetic review (front elevations of only the town
house structures) and does not find that the buildings are proposed to be varied, as required by
Ordinance 2003-43,
This is the first town home project to go through the aesthetic review process and it will set a
precedent.
RECOMMENDATION:
Staff recommends that the City Commission require the applicant to meet the letter and intent of
Ordinance No, 2003-43 for this important residential development at the eastern gateway to our City.
Further, the applicant should be required to provide all the information and materials required by
Section 9-605 and demonstrate some architectural variation among the structures (combinations of
town home units),
ATTACHMENTS:
A. Site plan
B. Ord, No. 2003-43
C. Color rendering ofthe street side of the proposed building & proposed entry sign
COMMISSION ACTION:
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ORDINANCE NO. 2003-43
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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, INSTITUTIONAL, MULTI-
FAMILY, AND RESIDENTIAL SUBDIVISION LAND
DEVELOPMENT PROJECTS; REPEALING SECTIONS 20-
475 AND 20491 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 app'earance of buildings and structUres contributes to the cultural character and aesthetic
beauty of the commwlity; 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 minimwn 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 ofLakeland, 414 So. 2d 1030
(Fla. 1982).
City of Winter Springs
Ordinance No. 2003.43
Page 1 of 8
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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 TIlE CITY OF \VINTER
SPRINGS HEREBY ORDAINS, AS FOLLO\VS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Repeal. Sections 20-47S.and 20-491 of the Code of Ordinances, for
the City of Winter Springs, Florida, as set forth below, are hereby repealed as follows (strikeout type
indicates deletions):
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See. 28-475. COIl idOl design ] e~iew boal d.
'!:': ~-:~~;."" ",:""uit;.., ,hall 'CI . G .. thc Gouidor dosig<lI<" j G W boil.< d fo. dG. ~=
:. ~< :'G'" Dcv~~,';'t AI ea 0 .~t1ay ZooMg Dhllkt of thG S.R. 4J~ CQuide, add.b:; ':;
~ ~~~~~~etlts fOI a tl111.Qmg themo aGCOlding to thc. deSIgn standa1ds a1 1 e
~nJltU1datio.(s) ro the pi_Jug .u,d zonirtg bOaJd. TbG do,jgnIG.iGw boa.d shall [e.j~;:
":~~ a ~~runendatio. j eg...ding an, p.oposed do. <Iopm".! ay eemcat j>\uonant to sG<lion n_ - 4
ofth115 Code.
Sec. 20-491. COllidol design le~ie" bo.lId.
~~~~~~ ~~~~on1mitteo shall Set v c as tho eorridO! design I e-y iew boatd rol de v elopments
~ !b: "",O'I1llopmetrt :"~. 0, "day zo~ <Ii.llie! of fuo S .R. 434 Corridor and sball ['" ie,;; ;'b
:::;~::~ ~~ : ~~~~ ~en1c accordIng to the deSIgn standa1 ds and make I ccommend t 1 }
to the PlanniJ:/l ";d Luning boat d. Tho dGSil\Jl1 e. jow boat d ohalll o,j e ~ and malo. 1 ecommendation
regatding any proposed development agtcemcnt pUIsuant to section 20-490 of this Code;
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City of Winter Springs
Ordinance No. 2003-43
Page 2 of 8
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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 (Wlderlined 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 findiJi~S and purpose.
- Ul The Ci of Winter S rin s has evolved into a uni ue famil -oriented communi
with extraordinary cultural character and beauty. Indicative of Winter Springs' uniqueness is it~
r utation as timaril a residential communi with beautiful mature trees award-winnin arks
- -scenic lakefront vistas. and innovative development projects such as the Tuscawilla PUD. Village
alk Cross-Seminole Trail and the Towne Center - within close roximit to several
internationally-renowned tourist destinations including Walt Disney World. Universal Studios.
Kennedy Space Center and several maior cruise ship tenninals.
@ 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 communi b reservin and im rovin Winter S rin s' aesthetic a earance beau
and character - so as to ultimatelv enhance the quality oftife and civic pride of all people who reside.
work. vacation. or spend time in Winter Springs.
(Ql The facilitator of this 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 p11q)ose 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. Consequently. th;
ultimate designers and developers of buildings and structures must be infonned of the 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
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comnusslon 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
unifonn manner. so as to be in hannony with the comprehensive architecturally related policies,
obiectives and standards adopted by Winter Springs for the overall bettennent of 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 reserve various elements of urban beau and re uire that new and redevelo ment ro'ects
being developed enhance existing development and the landscape of the communi;', ..
The essential foundation ofbeauty in communities is harmony. The plan for achieving
beau must ow out of s ecial local characteristics of site develo ment and redevelo ment
.otential. Some local areas of natural beau are Lake lessu ci arks Cross-Seminole Trail and
conservation areas designated in the city's Comprehensive Plan, The vistas and visual delight of
these should only be enhanced.
ill It is the intent and purpose of this Article to apply to all new commercial. industrial.
institutional. multi-family. and residential subdivision development projects and maior alterations
thereto. It is not intended to apply to individual single-family residences.
Sec. 9-601. Approval prerequisite for permits.
W 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 comh1ission before a pennit is issued for any such
building. structure. or sign. which has an exterior visual impact or effect on the community.
ill o' thstandin ara a h a of this section if the ci mana er detennines that a
building pennit application is minor or insignificant. the city manager may grant the pennit without
submitting the application to the city commission for approval. providing the pennit is consistent
ith the intent and ose of this Article For oses of this am a h the hrase "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
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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 ~ic1e 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.
ffi Submission of application. As part of the 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.
ill 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.
(Q) 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 ofthe 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. proportions. materials. colors. texture. scale. unity. balance.
rhythm. contrast. and simplicity are coordinated in a hannonious 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
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ill The plans 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 proiect 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 desigt1
and appearance:
(A) Front or side elevations.
.au 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 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 Article. the Comprehensive Plan for Winter Springs. design criteria
adopted by the city (e.g. Towne Center'guidelines. SR434 design specifications) and
other applicable federal. state or local laws.
(Q} The proposed project has inc01:porated 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 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
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Approvals by the city commission under this Article shall be valid for a maximum of .
ei teen 18 months from the date the cit commission renders its a roval at a ublic meetin .
If the applicant fails to obtain a building pennit 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. ~p'pUcation criteria.
An applicant shall submit the following application infonnation to the city manager or his
desi!!llee for consideration by the city commission:
uu A site plan in accordance with other provisions of the city code.
ill Elevations illustrating all sides of structures facing public streets or spaces.
W lllustration of all walls. fences. and other accessory structures and the indication of
their height and the materials of their construction.
@
Elevation of proposed exterior permanent signs. outdoor advertising or other
constructed elements other than habitable space. if any.
W lllustration 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. Buildin~ permits: enforcement.
Unless otherwise provided by this Article. no building pennit 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 fmal 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 pennit(s) secured for
City of Winter Springs
Ordinance No. 200343
Page 7 of 8
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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 of the 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 26th day of January ,2004.
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J N F. BUSH, May~r'::' :"
ORENZO-LUACES, City Clerk
as to legal form and sufficiency for
Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: Decemb'~r 8, 2003
. Second Reading: January 26, 2004
Effective Date: See Section 7.
<J:\Doos\Clty of Winter Springs\Ordinanoes\Aesthelic_Roview.wpd
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City of Winter Springs
Ordinance No. 2003-43
Page 8 of 8
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