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HomeMy WebLinkAbout2010 08 23 Public Hearings 500 First Reading Of Ordinance Number 2010-21 Planning And Zoning Town Center Advisory COMMISSION AGENDA Informational Consent Public Hearings X ITEM 500 Regular Q��z Jw August 23, 2010 1 Regular Meeting Mgr. N / Dept. g Authorization REQUEST: The City Attorney requests that the City Commission consider the First Reading of Ordinance Number 2010 -21, which revises the administrative procedural portions of the City Code to expressly require and authorize the Planning & Zoning Board to review and make advisory recommendations on development applications in the Town Center. SYNOPSIS: The City Commission directed on August 9, 2010 that the City Attorney prepare an ordinance that expressly requires and authorizes the Planning & Zoning Board to review and make advisory recommendations on development applications in the Town Center. The proposed ordinance would expressly require and authorize the Planning and Zoning Board to make advisory recommendations on applications and special exceptions within the Town Center. The proposed ordinance also codifies the previous City Commission's decision by resolution to serve as the development review committee. CONSIDERATIONS: 1. On August 9, 2010, the City Commission directed that an ordinance be prepared which would require and authorize the Planning & Zoning Board to issue advisory recommendations on Town Center development applications. 2. The proposed ordinance would require and authorize the Planning & Zoning Board to issue advisory recommendations on development and special exception applications within the Town Center. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING — August 23, 2010 PUBLIC HEARING ITEM "500" PAGE 2 OF 2 3. The ordinance also codifies the previous city commission decision (by resolution) to serve as the development review committee under the Town Center Code, and leaves open the City Commission's discretion to appoint another development review committee by resolution. 4. If the City Commission passes the ordinance on First Reading, the ordinance will be placed on the September 1, 2010 Planning and Zoning Board agenda for review and recommendation prior to Second and Final Reading of the ordinance by the City Commission. FISCAL IMPACT: No funding requirements are tied to the approval of this Agenda Item. However, if this Ordinance is approved, the Planning & Zoning Board may need to conduct additional meetings in the future to handle Town Center development and special exception applications. COMMUNICATION EFFORTS: The Ordinance will be advertised for public hearing before the Planning & Zoning Board and before second and final reading before the City Commission. The advertisements will be in the normal course for a general ordinance including publication in a newspaper, posting on the City's web site and bulletin boards. RECOMMENDATION: The City Attorney requests that the City Commission consider passing the First Reading of Ordinance Number 2010 -21, and if acceptable, refer the ordinance to the Planning and Zoning Board for review and recommendation prior to Second and Final Reading. ATTACHMENTS: Ordinance 2010 -21 ORDINANCE NO. 2010 -21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGARDING THE ADMINISTRATION PROCEDURES OF THE TOWN CENTER DISTRICT CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS; the City Commission desires to amend the administration procedures under the Town Center District Code; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Section 20 -321, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions) Sec. 20 -321. Administration. (a) Interpretation of the standards. Interpretation of the standards in this division shall be the responsibility of the city's development review committee (DRC). Unless otherwise authorized by resolution of the City Commission, the City Commission shall serve as the development review committee under this division. The "In Our Generation" illustrative buildout drawing in section 20- 325 of this divisionode and on page 6 in the adopted master plan shall serve as guidance to the development review committee with regard to the city's intent for land development in the Town Center. The images contained in this division are meant to demonstrate the character intended for the Town Center, but are for illustrative purposes only. The accompanying text and numbers are rules that govern permitted development. (b) Review process. (1) Applications are subject to final review and approval by the development review committee. Prior to final review and approval by the development review committee, all new applications, and proposed substantial amendments to previously approved applications, shall be reviewed by the planning & zoning board for purposes of issuing an advisory recommendation to the development City of Winter Springs Ordinance No. 2010 -21 Page 1 of 4 review committee. The committee shall have authority within reason for approving all aspects of site planning and exterior architecture, including aesthetic appropriateness, environmental implications, traffic impacts, and any other site- specific matters not delineated herein. (2) Optional preliminary review: Applicants may, at their option, submit designs in schematic or sketch form to the development review committee for preliminary approval, subject to further review. (3) Applicants shall submit the following items to the land development division of the department of community development for review: a. A current site survey, no more than one (1) year old. b. A current tree survey, no more than one (1) year old. c. A site plan, drawn to scale, which shall indicate: 1. Building locations and orientations, and landscape areas; 2. Parking locations and number of spaces; 3. Paved surfaces, materials and location(s); 4. Site location diagram and legal description; and 5. Signage. d. Building elevations illustrating all sides of structures facing public streets or spaces. e. A parking analysis justifying the proposed parking solution (such as Shared Parking, by Barton Aschman Associates, The Urban Land Institute). f. Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the development review committee. (c) Special exceptions: (1) The city commission may by special exception waive strict compliance with provisions of this code. In granting a special exception, the city commission must find by substantial competent evidence that: a. The proposed development contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations. b. The proposed development will not have an unfavorable effect on the economy of the Winter Springs Town Center. c. The proposed development abides by all rules in this code other than those specially excepted. Special limitations apply to large footprint buildings (greater than twenty thousand (20,000) square feet); see subsection 30- 324(12) for these limitations. d. The proposed development meets any reasonable additional conditions, restrictions or limitations City of Winter Springs Ordinance No. 2010 -21 Page 2 of 4 deemed necessary by the city commission in order to preserve and promote the intent of the Winter Springs Town Center Master Plan. (2) Procedure for special exceptions: a. Approval may be granted only after a minimum of two (2) discretionary reviews. The first review shall be before the planning & zoning board . .. , at which time the lannin & zonin board shall review the project and provide to the city commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second review shall be a public hearing held before the city commission and shall be held no sooner than seven (7) calendar days following the planning & zoning board dcvclo hearing. b. Requests for special exceptions under this division shall include each exhibit required in the administration review process per subsection 20- 321(b). In addition, the city commission may within reason require additional exhibits and may defer approval of the special exception application or schedule an additional public hearing or hearings to review those exhibits. c. Special exceptions shall not be unreasonably withheld, but the city commission shall have authority to require that the applicant satisfy any additional conditions it deems necessary to fulfill goals of the master plan, including reasonable offsite improvements directly related and proportionate to the specific impact of the request, or further review(s) and approval by the development review committee. (3) The city commission may grant the approval of an application for special exceptions from the code in whole or in part upon a majority vote of its members. (d) Site development agreement option: The city may enter into a site development agreement with the user or developer of a property, relating to development of a particular parcel or tract of land, and such an agreement may address such issues as impact fee credits; a specialized or negotiated concept of design or site plan development authorized or sanctioned by this division; infrastructure service credits or public - private participation in funding, design or construction; or other incentives based upon strict compliance with requirements of this ordinance. The agreement will be mutually acceptable to all parties. Considerations for the city in deciding whether to participate in such an agreement will include compliance with the objectives and design criteria specified in this division; demonstration of a cost benefit to city and developer; consideration of development amenities provided by the developer. Such a site development agreement shall be adopted and be in conformance with the requirements of the Florida Municipal Home Rule Powers Act or Sections 163.3220 through 163.4243, Florida Statutes, as to effect, duration, public hearing requirements and other issues. (e) Comprehensive plan compliance required: All development of property subject to the Town Center zoning designation and these regulations shall be subject to the Comprehensive Plan of the City of Winter Springs, Florida, and all approvals and land development permits shall be in compliance with the comprehensive plan. An amendment to the comprehensive plan has been proposed and is currently being processed by the city. This amendment is proposed to increase densities for the area affected by these Town Center regulations; however, until this amendment to the comprehensive plan is approved and adopted in accordance with state law, the city cannot lawfully assure any owner or user of any affected property densities and land uses not currently allowed or permitted by the city's comprehensive plan. City of Winter Springs Ordinance No. 2010 -21 Page 3 of 4 Section 3. 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 4. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. 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 6. 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 , 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk 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: City of Winter Springs Ordinance No. 2010 -21 Page 4 of 4