HomeMy WebLinkAbout2010 09 13 Public Hearings 502 Ordinance 2010-21 Administrative Revision To Code Authorizing Planning And Zoning Advise On Development Applications In Town Center COMMISSION AGENDA
Informational
Consent
ITEM 502 Public Hearings X
Regular
//
September 13, 2010 \‘
Regular Meeting Mgr. / Dept.
Authorization
REQUEST:
The City Attorney requests that the City Commission approve on Second 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. On August 23, 2010, the City
Commission approved the Ordinance on First Reading and directed that the ordinance be
reviewed by the Planning & Zoning Board. On September 1, 2010, the Planning & Zoning
Board unanimously approved the ordinance.
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 13, 2010
PUBLIC HEARING ITEM "502"
PAGE 2 OF 2
•
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.
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.
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 was advertised for public hearing before the Planning & Zoning Board as
well as before the first and second readings before the City Commission. The advertisements
were published in a newspaper, posted on the City's web site and bulletin boards.
RECOMMENDATION:
The City Attorney requests that the City Commission approve on Second Reading
Ordinance Number 2010 -21.
ATTACHMENTS:
Ordinance 2010 -21
Draft Minutes — September 1, 2010 Planning and Zoning Board Meeting
Published Ad — September 1, 2010 Planning and Zoning Board Meeting
Published Ad — September 13, 2010 City Commission Meeting — Second Reading
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
dh,vLlu levieweommittce & zoning 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 Warming & zoning board development
revievreommittee-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 13th day of September, 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:
ANTLIONY A. GARGANESE, City Attorney
First Reading: August 23, 2010
Second Reading: September 13, 2010
Effective Date: September 13, 2010
City of Winter Springs
Ordinance No. 2010 -21
Page 4 of 4
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t TER DISTRICT CODE• PROVIDING tl , sS N TICE CQnO OF NUM SALE b�e8teh
FO OpK T SSTTENT ORDINANCES AN Ana goods, and contents of the /Outline
{ RTO ESOLUTIONS. INCORPORATION Q ) rental smogs will be sold for cash•or .
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AND AN EFFECTIVE DATE.' near Ilens. for unpaid rent in accordance MI/11E11E 2810 AT S:15 R111. '
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motion 'coil (407) 3271800 ir227. Inter- •Gn' bEre S Ba vkias 0032: Iiti.Gaoegeo.led Goods I -
•.esled ponies may appear a. the meet. Milieu Saiatelhomma me Unspecified 09 � •
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proposed ordinance. Persons with dig- L Bowers C o pow ' i
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advance of th m
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1800, F_xtepoon 236. These are public . COR1081840 90,90/23iD
•hear o ne If you l eclae m ade by a j NOTICE OF PUBLIC WE; : The personal • I
' b prrxtE o rsy o , hodsehol a pCOas, tc bo ll rental and ';
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the At SoR Stange Irrssimmte
d0TICE OF PUBUC MEABIAM The City of •veld . 227 Slaws Read
f Ortandos Downtown South Nei hbor` 1388 AssimtoB4 l. r hood 1mprovem@nt District orate. - •
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. Neighborhood lmerovern3nt District In nine
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I parries may appear & be heard re- this • Goode
gardlr.g this matter. If a person de•
cities to aapeal any decision made by P OSC1OM928 9PL9f9/2010
the committee with respect to any gist AUCTION
moiler Considered at the meeting, he Prac 1
or she will need a record Of the pro- - Clerk Notice .is hereby given th that Compass Sell
ceediitws. and blot, for such purpose, in a°i�sos Intents to sett e property de-
he or she may need to ensure that a tithe scribed below to enforce o Tien im-
verbatim record of the proceedings is - posed on said property under the Flat-
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moae, which record Includes e testi- ALL Ida spit Storage Facility Act (Section '
moll and evidence upon whrch Ire on. • PER'- GO - 63.809). The owt will 5811 3- at
.0001 is 10 be based. Persons with dig- ment public auction for CASH through eon- ;
abilities needing assistance -to partici.. 0o.0tta. love bidding on September 23r1 2110 er
pate in this public hearing Mold con- Swear 15 P..M or.mareatter At C San
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[ ., i -,-)4N.:-._ y -'�'� k - S' f OtVISION NUMBER: 34 OItOYIIItICE 00. 7246.71 Icons antennas on an existing building
�,. k AN ORDINANCE OF THE CITY located at 37 N. Orange Ave, Orland°,
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GARDiNG THE ADMINISTRATION units and three microwave dish onren-
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•?G, "T' - u _ pursuant to the Florida Contraband INTO THE CODE SEVERABILITY, fennel effects the proposed faculty
n ' 's.Y + ` - Forfeiture Act has been filed by the AND AN EFFECTIVE DATE mov have on any htstoric properly
z r. - �� '°` Orange County Sheriff's Office en the ON 940h=eY SEI't t, 7D7Q AT 7se PAL mov do Se by serdtag such'commenes
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_ . do. Yu are required o b reeve a caw The proposed ordinance ay bs In-
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- antic County Sheriff's Office Legal Friday, at the CIW's CIer11 s 0 fIc lo• �� '
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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 po'Cver 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: (u type indicates additions and stiil Gout 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
dcvclooncnt rcview L,orrunittcc planning & zoning 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 development
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 ofprior 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 13th day of September, 204
2L ! ' , 4
J : F. BUSH, Mayor
ATTE •"
ET.
/ 7
A : '.' :, 0 , NZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City inter Springs only:
ANTHONY A. GARGANESE City Attorney
First Reading: August 23, 2010
Second Reading: September 13, 2010
Effective Date: September 13, 2010
City of Winter Springs
Ordinance No. 2010 -21
Page 4 of 4
W