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HomeMy WebLinkAbout2014 07 28 Public Hearing 500 Second Reading of Ordinance 2014-10, GID RewriteCOMMISSION AGENDA ITEM 500 Informational Consent Public Hearings X Regular July 28, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a public hearing to approve Second Reading of Ordinance 2014 -10, which proposes to rewrite the City's Greeneway Interchange District land development regulations and thereby repealing prior inconsistent ordinances and resolutions. SYNOPSIS: The City Commission previously established, in 1999, the Greeneway Interchange Zoning District pursuant to Ordinance No. 725. Since the adoption of Ordinance No. 725, the City Commission amended the City's Comprehensive Plan to re- designate the Greeneway Interchange District, a land use category intended to attract target industries which provide high quality and higher income jobs and intended to increase, diversify and enhance the City's tax base. As a result of the amendments to the City's Comprehensive Plan, the current Greeneway Interchange District land development regulations are inconsistent with said Comprehensive Plan. Under the Florida Community Planning Act, this inconsistency necessitates that the City amend the Greeneway Interchange District land development regulations in their entirety in order to make the land development regulations consistent with the Comprehensive Plan. CONSIDERATIONS: CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. Property owner's name(s): Not applicable Property addresses: Not applicable Property Parcel ID numbers: Not applicable Current FLUM Designations: Not applicable Current Zoning Designations: Not applicable Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable Development Agreements (if any): Not applicable Public Hearings 500 PAGE 1 OF 7 - July 28, 2014 Pending Code Enforcement Actions (if any): Not applicable City Liens (if any): Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511 - 163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. Winter Springs Code of Ordinances, Chapter 20, Division 13, Greeneway Interchange Zoning District City of Winter Springs Future Comprehensive Plan - Future Land Use Element GOAL 3: Greeneway Interchange District. The City hereby creates a Greeneway Interchange District (GID) land use category to target industries with high quality, higher income jobs and an increased tax base for the City. Objective 3.1: Location. The GID shall be located in proximity to S.R. 417 and the interchange area on S.R. 434, as depicted on the City"s Future Land Use Map - 2030. The GID is located within the "target area" identified by Seminole County in 2007 as "Seminole Way ", which runs north from S.R. 426 in the City of Oviedo to Interstate 4 in the City of Sanford, following the S.R. 417 corridor. Policy 3.1.1: Future Land Use Map - 2030 Designation. Revise the Future Land Use Map - 2030, as appropriate from time to time, to designate land " Greeneway Interchange District" (GID) consistent with this Objective. Policy 3.1.2: Future Roads and Mobility Patterns. Periodically update transportation maps to identify future roads and mobility patterns related to the GID that facilitate multimodal transportation routes that provide safe and convenient access to the GID, while attempting to maximize development potential and opportunities consistent with GID Goal. Determine the final location of future roads and mobility patterns within the GID and adjacent area during the development process in accordance with the Multimodal Transportation Element. (Ord. 2010 -18; 10- 25 -10) (Ord. 2012 -05) Policy 3.1.3: Multimodal Access. Plan for transit and multimodal service on transportation thoroughfares accessing the GID, including a future Seminole Way intennodal transit facility for light rail or bus rapid transit (BRT) service along SR 417. Coordinate the location of transit- related facilities with Seminole County, LYNX, and the Florida Turnpike Enterprise. Ensure pedestrian and bicycle connection to the future intermodal facility. Supportive facilities and amenities should include clustered and compact mix of uses with intensities that support transit, park and ride parking garage with bicycle lockers and facilities, and covered shelters. (Cross Reference: See Intergovernmental Coordination Element, Policy 1.3.7) (Ord. 2010-18-,10-25-10) Policy 3.1.4: Multimodal Transportation. Plan for and facilitate the integration of future multimodal transportation within the GID, including BRT or similar transit circulator service by the inclusion of supportive facilities and amenities in the master plan. (Cross Reference: See Future Land Use Element, Policy 3.3.4) (Ord. 2010-18-,10-25-10) Policy 3.1.5: Connectivity. Promote pedestrian, bicycle and vehicular connectivity both internally and externally to adjoining developable properties (including public trail linkages). (Cross Reference: See Recreation and Open Space Element, Policy 1.6.4) (previously Policy 3.1.3, Ord. 2010 -18; 10- 25 -10) (Ord. 2012 -05) Objective 3.2: Land Uses. The intent and purpose of the GID is to attract target industries which provide higher paying jobs and which, in concert with the Town Center District, will increase and enhance the City"s tax base. (Ord. 2012 -05) Policy 3.2.1: Target Industries. Limit land uses within the GID to target industry uses including: corporate business parks, office complexes, technical and research services, financial information services, life sciences, digital media, international trade, sports associated industries, hotels and lodging, conference centers, long stay tourism. Allow other "basic" businesses and industries with high annual average wages provided the use complies with this Objective. Allow incidental uses supportive of these industries to be incorporated into these target industry buildings, but not as a separate facility. (Ord. 2012- Public Hearings 500 PAGE 2 OF 7 - July 28, 2014 05) Policy 3.2.2: Residential Use Limitations. Residential uses shall not occupy more than twenty five percent (25 %) of the total floor area of a proposed development in any approved phase of the Greeneway Interchange District (GID) Master Plan and must be developed concurrently with non - residential use (parking garages excluded in the calculation). The City Commission may permit residential uses by conditional use pursuant to the standards set forth in the City"s land development regulations. (Ord. 2010 -20; 10 -25 -2010) (Ord. 2012 -05) Policy 3.2.3: Sensitive Lands. Promote preservation of ecologically sensitive open spaces in the GID and promote connectivity of these natural features for habitat continuity and sustainability. Encourage a network of public plazas with interconnected sidewalks to promote an urban pedestrian environment. Calculate FAR based on total gross acreage, including both ecologically sensitive areas and developable acreage. (Cross Reference: See Recreation and Open Space Element, Policy 1.1.9) (Ord. 2012 -05) Policy 3.2.4: Intensity and Building Height. Encourage higher intensity development in the GID by requiring buildings to include at least two (2) stories of occupiable space (as defined in Florida Building Code, Chapter 2). The City Commission may permit principal buildings less than two (2) stories in height by conditional use pursuant to the standards set forth in the City"s land development regulations. Ancillary buildings may be excluded from the two story minimum, by action of the City Commission. (Ord. 2010-20-,10-25-2010) The City shall permit a Floor Area Ratio (FAR) up to 1.0 in the Greeneway Interchange District. Development bonuses which allow a higher FAR (up to a maximum FAR of 2.0), may be granted for projects within the Greeneway Interchange District which create compact mixed use development through one or more of the following non - exclusive list of principles: Environmentally - sensitive site planning, (Cross Reference: See Conservation Element Policy 1.8.2) Utilize traditional design standards to create compact, multimodal mixed use (including horizontal and vertical integration of uses) neo traditional urban development, Green building design and energy efficient buildings as determined by USGBC LEED Certification or equivalent, Incorporation of Low Impact Development (LID) practices, such as shared parking concepts, green roofs capture and use of stormwater for irrigation and/or other grey water type uses, and rain gardens; (Cross Reference: See Conservation Element, Policy 1.3 .4) Energy efficient land use which minimizes impervious surfaces, such as inclusion of one or more parking garages; (Cross Reference: See Conservation Element, Policy 1.8. 1) Restoration or enhancement of degraded wetlands, native ecosystems, or preservation of extra upland buffers around critical habitat; (Cross Reference: See Conservation Element, Policy 1. 7.2) And Waterwise practices including sustainable site design through natural landscaping with Florida native plants. (Cross Reference: See Conservation Element, Policy 1.2.6) (previously Policy 3.2.5; Ord. 2010 -18; 10- 25 -10) (Ord. 2012 -05) Policy 3.2.5: Urban Form. Define the urban form through clustering of uses with intensities that support multimodal transportation and provide efficient land use, thereby reducing vehicle miles traveled and greenhouse gas emissions. (Ord. 2010 -18; 10- 25 -10) Policy 3.2.6: Trail Linkages. Promote public trail linkages through the GID and require bicycle facilities (such as bike racks and lockers) to support multimodal access as included in the adopted Master Plan. (previously Policy 3.2.6; Ord. 2010 -18; 10- 25 -10); (Ord. 2012- 05) Policy 3.2.7: Diversity in Detailing and Style. Encourage development to include diversity in detailing and style while maintaining aesthetic harmony. Ord. 2010 -18, 10- 25 -10), (Ord. 2012 -05) Objective 3.3: Private/Public Investment. The City shall encourage and promote target industries to invest and locate on land designated GID. Public Hearings 500 PAGE 3 OF 7 - July 28, 2014 Policy 3.3.1: Public Money as a Catalyst. Spend public money as a catalyst to encourage private investment within the GID, to the extent financial resources are available. Undertake capital improvements for public infrastructure in conjunction with private development (e.g. sewer, water, roads, parks, stormwater) to enhance or assist private development in achieving the GID Goal. Policy 3.3.2: Seminole Way Collaboration. Pursue opportunities to collaborate on the regional Seminole Way initiative between Seminole County, the cities of Oviedo, Sanford, and Winter Springs, the Florida Turnpike Enterprise, and the Orlando Sanford International Airport, for purposes of economic development and job growth initiative. (Cross Reference: See Intergovernmental Coordination Element, Policy 1.2.4) Policy 3.3.3: Private Investment and Economic Incentives. Encourage private investment in the GID by enacting policies, to the extent allowed by law, to provide economic or streamline processing incentives to private developers utilizing green technology standards (such as LEED) within the GID, provided such development is consistent with the GID Goals, Objectives and Policies. Policy 3.3.4: Town Center Linkages. Support public /private investment in transportation linkages between the GID and the Town Center (including a local transit circulator, water taxi, trail connection, and/or other innovative transportation solution). (Cross Reference: See Future Land Use Element, Policy 3.1.4) (Ord. 2010-18-,10-25-10) Objective 3.4: Compatibility of Uses. Through the adoption of land development regulations and the development review process, the City shall require that the land uses within the GID be compatible. Policy 3.4.1: Master Development Plan. Require a Master Development Plan which considers the entire GID and surrounding area, to ensure compatibility of land uses and compliance with the GID Goal. Future development within the Greeneway Interchange District (GID) shall be in accordance with an approved phase of the Greeneway Interchange Master Plan. (Ord. 2012 -05) Policy 3.4.2: Development. Encourage tracts ofland to be developed as a whole, to provide continuity among the various land uses and to create a compact and walkable workplace. (Ord. 2012 -05) Policy 3.4.3: Transition to Adjacent Uses. Consider transitional uses and stepped down building heights to maximize views of Lake Jesup and to protect adjacent, existing lower density uses. Objective 3.5: Economic Development. Plan and promote sufficient economic growth and development that provides for an appropriate balance of target industries, development and activities that will provide a sound financial future for the City. Policy 3.5.1: Economic Catalyst. Recognize the GID as a major economic development catalyst of the City with the potential for attracting target industries that create high paying jobs and provide needed services and employment opportunities, as well as associated high quality residential living opportunities under limited circumstances. Policy 3.5.2: Studies. Conduct periodic economic development studies, as development activity, trends or patterns warrant, of the GID that are designed to compile relevant economic data and analysis that will: (1) educate and inform the City about trends affecting the economic performance of the GID; (2) assist the City in developing and implementing economic development strategies for the GID; and (3) serve as a significant factor in making development and other decisions related to the GID. (Ord. 2012 -05) Policy 3.5.3: Fiscal Impacts of Development. Ensure that City policies, regulations, and decision making processes not only consider GID design planning impacts, but also consider whether proposed new development will have a positive and acceptable economic and fiscal impact on the City. In furtherance of this policy, the City Commission shall require (unless otherwise exempted by land development regulation), as a condition of considering the approval or denial of a development project, that developers provide a written economic and fiscal impact report, prepared by a duly qualified expert that details the associated economic and fiscal impacts of any proposed new development project on the City and the School District. Although the City recognizes that some projects will have a regional economic and fiscal impact as well, said report shall predominantly address the Public Hearings 500 PAGE 4 OF 7 - July 28, 2014 economic and fiscal impacts on the City of Winter Springs as its own economic system. The economic impact analysis portion of the report shall address the impacts of the proposed project on jobs, economic output, and wages. The fiscal impact analysis portion shall pertain to the net fiscal impact of the project over a period of years which is the sum of those revenues (such as ad valorem taxes, public service taxes, sales taxes, and charges for service) directly received by the City minus the sum of expenditures incurred by the City (such as general government expenses, law enforcement, roads, and parks and recreation). (Ord. 2012 -05) Policy 3.5.4: Land Use and Optimization of Tax Base. For purposes of determining whether a project has a positive and acceptable economic and fiscal impact on the City pursuant to Policy 3.5.3, the developer shall be required to demonstrate through its written economic and fiscal report that the project is in compliance with the following criteria: (1) The proposed project and associated land use is a permitted use within the applicable zoning district. (2) The market demand for the proposed project is at least minimally feasible based on current market data including, but not limited to, data set forth in any economic development study conducted by the City. (3) Provided said project is first deemed permitted from a land use perspective under criteria (1) and market demand is deemed minimally feasible under criteria (2), the proposed project optimally increases and diversifies the City "s tax base and economic well- being. With respect to the phrase "optimally increases ", the proposed project "s economic and fiscal impact shall be required to be the best result obtainable for the City under current economic and land use conditions. In furtherance of determining consistency with this provision, the developer "s written economic and fiscal impact report shall analyze and compare the proposed project to either the City "s preferred project or projects for the subject location as may be expressly set forth in the City "s GID Master Plan or economic development study conducted pursuant to Policy 3.5.2, or if the plan or study does not so expressly provide, to a reasonable array of other potential alternative compatible projects authorized in the applicable zoning district for the subject location. Furthermore, the term "diversifies" means the extent that the proposed project reduces the City "s reliance upon a residential tax base to fund the City "s fiscal budget. Additionally, if the proposed project is a commercial project, the extent that the proposed project also provides different and needed services and jobs to the GID and the City. (4) Such other criteria set forth in the City "s land development regulations. (Ord. 2012 -05) Policy 3.5.5: High Quality Development. Ensure high- quality building and development that enhances the image and economic well-being of the City, GID, and Seminole Way. Policy 3.5.6: Quality ofLife. Strive to improve the quality of life of Winter Springs" residents by encouraging an increased number and variety of thriving target industries that serve as significant employment opportunities for Winter Springs" residents. DISCUSSION: The City of Winter Springs is predominantly a bed room community and the Greeneway Interchange District, in its current undeveloped state, offers one of the last few opportunities for the City to diversify its tax base through the development of high quality corporate business /office park development. As a result of the amendments to the City's Comprehensive Plan, the current Greeneway Interchange District land development regulations are inconsistent with said Comprehensive Plan. Under the Florida Community Planning Act, this inconsistency necessitates that the City amend the Greeneway Interchange District land development regulations in their entirety in order to make the land development regulations consistent with the Comprehensive Plan. Through the proposed ordinance, the district is intended to be a master planned area that is developed in phases approved by the City. Land uses within the district are to be limited to target industry uses that create significant high average wage employment opportunities. Incidental commercial uses supportive of target industries may be incorporated into target industry buildings provided the incidental uses are approved by the City and are not developed as a separate facility. Multi - family residential uses still may be approved as a conditional use but now the residential use shall not exceed twenty -five percent (25 %) of the total floor area of a proposed multiple use building in any approved phase of the district master plan. Via Ordinance 2014 -10, the Greeneway Interchange Zoning District, is hereby amended as follows: A. Section 20 -330, Permitted uses - (Additional Uses) Public Hearings 500 PAGE 5 OF 7 - July 28, 2014 Amendments herein include the addition of the following permitted target industries: Aeronautics and Aerospace Research and Development Facilities Alcoholic Beverage Sales (on- premise) Biotechnical Research and Development Diagnostic Laboratories Fuel Cell Research and Development Hydraulics and Robotic Research and Development Nanotech Research and Development Pharmaceutical and Medical Research and Development Scientific Research and Development Software Development and Programming Sports Associated Industries Specialized Computer Oriented Design Services B. Section 20 -330, Permitted uses - (Deleted Uses) Amendments herein include the removal of the following target industries: Single- family attached/detached Patio homes Duplex Alterations and tailoring Bed and Breakfast inn Community, regional and sub - regional shopping centers Hardware store Personal services Private clubs and lodges C. Section 20 -330, Permitted incidental target industry uses which is completely incorporated into a building occupied by a target industry use and not in a stand -alone building. Amendments herein include the addition of the following incidental target industry uses: Civic uses Outdoor entertainment D. Section 20 -330 Conditional uses in commercial areas. Amendments herein include the removal of the following conditional uses. Amusement enterprises Automobile and truck rental Automobile repair Child care facilities Drive -in restaurants Hospitals Mini - warehouses Nursing homes Multi - family residential use remains a conditional use however the residential use now shall not exceed twenty -five percent (25 %) of the total floor area of a proposed multiple use building in any approved phase of the district master plan. E. Section 20 -333 Parking and driveway requirements Amendments- herein include the incorporation of existing Town Center parking and driveway requirements as set forth in Section 20 -324 (8). F. Section 20 -336 Development Agreement The proposed ordinance provides an additional requirement that development phases and projects within the GID shall be subject to a written development agreement unless the City Commission waives the requirement. IWMOKIa1► /1 VIVO 9 While there is no direct fiscal impact to the City, staff is of the opinion that the proposed revised Greeneway Interchange District land development regulations will provide opportunities for the City to diversify its tax base through the development of a high quality corporate business /office park development. COMMUNICATION EFFORTS: Public Hearings 500 PAGE 6 OF 7 - July 28, 2014 This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The proposed ordinance was advertised in the Orlando Sentinel on April 24, 2014 and July 17, 2014. RECOMMENDATION: The Community Development Department - Planning Division requests that the City Commission hold a public hearing to approve Second Reading of Ordinance 2014 -10, which proposes to rewrite the City's Greeneway Interchange District land development regulations and thereby repealing prior inconsistent ordinances and resolutions. ATTACHMENTS: A - Ordinance 2014 -10 B - Minutes, City Commission - June 23, 2014 C- Legal Advertisement of Public Hearing Public Hearings 500 PAGE 7 OF 7 - July 28, 2014 Attachment "A" ORDINANCE NO. 2014 -10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ADOPTING NEW COMPREHENSIVE GREENEWAY INTERCHANGE ZONING DISTRICT REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS INCLUDING THE PROVISIONS SET FORTH IN EXHIBIT "A" ATTACHED HERETO, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission previously established, in 1999, the Greeneway Interchange District pursuant to Ordinance No. 725; and WHEREAS, since the adoption of Ordinance No. 725, the City Commission amended the City's Comprehensive Plan to re- designate the Greeneway Interchange District a land use category intended to attract target industries which provide high quality and higher income jobs and intended to increase, diversify and enhance the City's tax base; and WHEREAS, the City Commission recognizes that the City is predominantly a bed room community and that the Greeneway Interchange District, in its current undeveloped state, offers one of the last few opportunities for the City to diversify its tax base through the development of high quality corporate business /office park development; and WHEREAS, the Greeneway Interchange District is also intended to ensure high quality building and development that enhances the image and economic well -being of the City; and WHEREAS, as a result of the amendments to the City's Comprehehnsive Plan, the current Greeneway Interchange District land development regulations are inconsistent with said Comprehensive Plan; and WHEREAS, under the Florida Community Planning Act, this inconsistency necessitates that the City amend the Greeneway Interchange District land development regulations in their entirety in order to make the land development regulations consistent with the Comprehensive Plan; and WHEREAS, on May 7, 2014, the City's Land Planning Agency has reviewed the proposed amendments to the Greeneway Interchange District regulations recommended by City City of Winter Springs Ordinance No. 2014 -10 Page 1 of 12 staff and has recommend approval; and WHEREAS, the City Commission hereby finds that this Ordinance furthers the City's legitimate government purpose of enhancing and expanding economic activity within the City and is in furtherance of the City's police and zoning powers and section 166.021(9)(a), Florida Statutes related to economic development; and WHEREAS, the City Commission also hereby finds that this Ordinance is consistent with the City's Comprehensive Plan, particularly Future Land Use Element, Goal 3 and related objectives and policies; 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 fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Repeal of Current Greeneway Interchange Zoning District. The current Greeneway Interchange Zoning District ( §§ 20 -328 through 20 -341 et. seq.) attached hereto as EXHIBIT "A" is hereby repealed in its entirety. Section 3. Code Amendment to Establish a New Greeneway Interchange Zoning District. A new Chapter 20, Division 13, Greeneway Interchange Zoning District is hereby adopted as follows: DIVISION 13. GREENEWAY INTERCHANGE ZONING DISTRICT Sec. 20 -328. Purpose. In general, the purpose of the Greeneway Intechange Zoning District ( "district ") is to implement the specific City Comprehensive Plan provisions related to the district. More specifically, the district is intended to be predominantly a high quality corporate business /office park development that is master planned. It is intended to serve as a unique and very important economic catalyst for the City that attracts target industries with high quality and higher income jobs that promote economic growth and development within the City. High quality building and development that enhances the image and economic well -being of the City is expected in the district. Residential and incidental commercial uses may be permitted under certain conditions in support of existing or concurrently developed target industries located within the district. However, residential and incidental commercials uses are not a priority nor shall they be allowed City of Winter Springs Ordinance No. 2014 -10 Page 2 of 12 as stand -alone uses. The district is intended to be oriented at and near S.R. 417 and S.R. 434 so the district is easily accessible from major transportation corridors. Sec. 20 -329. General uses and intensities. (a) General Uses. The district is intended to be a master planned area that is developed in phases approved by the City. Land uses within the district shall be limited to target industry uses that create significant high average wage employment opportunities including corporate business parks, office complexes, technical and research services, financial information services, life sciences, digital media, international trade, sports associated industries, hotels and lodging, conference centers and long stay tourism. Incidental commercial uses supportive of target industries may be incorporated into target industry buildings provided the incidental uses are approved by the City and are not developed as a separate facility. Multi- family residential uses may be approved as a conditional use, provided that the proposed use satisfies the conditional use criteria set forth in the City Code and the residential use shall not exceed twenty -five percent (25 %) of the total floor area of a proposed multiple use building in any approved phase of the district master plan. (b) Development Intensities. The following building intensity limits shall apply: (1) Floor Area Ratio (FAR) shall not exceed 1.0. However, the city commission may permit a FAR greater than 1.0, but not exceeding 2.0, for projects that create compact mixed use development through one or more of the following principles consistent with the City's land development policies set forth in the Comprehensive Plan and Code: (i) Implementation of environmentally sensitive site planning concepts and techniques. (ii) Utilize traditional design standards to create compact, multimodal mixed -use (including horizontal and vertical integration of uses) and neo- traditional urban development. (iii) Green building design including energy efficient buildings as determined by any nationally recognized and adopted standard. (iv) Incorporation of low impact development (LID) practices such as shared parking concepts, green roofs and use of stormwater for irrigation and /or other grey water type uses, and rain gardens. (v) Energy efficient land use which minimizes impervious services, such as inclusion of one or more parking garages. (vi) Restoration or enhancement of degraded wetlands, native ecosystems, or City of Winter Springs Ordinance No. 2014 -10 Page 3 of 12 preservation of extra upland buffers around critical habitat. (vii) Implementation of water wise practices including sustainable site design through natural landscaping with Florida native plants. In addition, the city commission may approve a FAR above 1.0 for a project that the city commission determines, by development agreement, has a projected significant positive economic impact that will optimize and diversify the City's economic tax base consistent with the intent and purpose of this division. Any increase in the FAR approved by the city commission above 1.0 shall have a reasonable nexus to an enhanced environmental or economic benefit to the City and the increase shall be roughly proportional to the enhanced economic and environmental benefit that the project has on the City. (2) Multi- family residential uses may be allowed by conditional use permit approved by the city commission up to a maximum density of twenty -one (21) units per acre, provided the residential use shall not occupy more than twenty -five percent (25 %) of the total floor area (parking garages are excluded from the calculation) of a proposed multiple use building in any approved phase of the district master plan. Specific density shall be determined based on the conditional use criteria stated in the Code and whether the development satisfies the economic and fiscal impact requirements of this division and is consistent with the intent and purpose of this division. Sec. 20 -330. Permitted uses, conditional uses, incidental uses within buildings. (a) The following target industry uses shall be permitted provided they are consistent with requirements of this division: Aeronautics and Aerospace Research and Development Facilities Alcoholic beverage sales for on- premises consumption Alternative Energy Research and Development Architectural, Engineering, Legal, and Planning Services Biotechnical Research and Development Business Schools and Computer Management Training Computer and Electronic Product Research and Development City of Winter Springs Ordinance No. 2014 -10 Page 4 of 12 Computer Systems Design and Related Services Computer Animation and Simulation Hotels and Convention Center Corporate Office /Business Park Development Data Centers and Data Warehousing Diagnostic Laboratories Electronic Equipment Sales and Service Environmental Services Financial Information Services (excluding branch banking services) Fuel Cell Research and Development Hydraulics and Robotic Research and Development Information Technology Companies Medical Laboratories Medical Supplies and Rentals Nanotech Research and Development Pharmaceutical and Medical Research Development Scientific Research and Development Software Development and Programming Sports Associated Industries such as Athletic Research and Development Institutes and Major Professional and Amateur Sports Corporate Offices Specialized Computer Oriented Design Services City of Winter Springs Ordinance No. 2014 -10 Page 5 of 12 Telecommunications and Video Communications Research and Development Trade Schools and Universities Supporting Target Industries (b) The following conditional uses may be permitted in the district upon approval of the city commission provided they are consistent with the requirements of this division: Multi- Family Residential Uses subject to the additional conditions set forth in this division. Other target industries not listed as a permitted use that would have a projected significant positive economic and fiscal impact that will optimize and diversify the City's economic tax base consistent with the intent and purpose of this division. (c) The following uses incidental to permitted target industry uses authorized by this division shall be permitted provided the incidental use is completely incorporated into a building occupied by a target industry use and the incidental use is not in a stand -alone building: Bicycle Sales and Service Bookstores and Newsstands Civic Uses Computers, Hardware, Software Sales and Services Convenience Store without fuel pumps Daycare Nurseries Dry Cleaners Pharmacy Financial Institutions Florist Medical Clinics Performing Arts Center and Cinemas Physical Fitness and Health Clubs City of Winter Springs Ordinance No. 2014 -10 Page 6 of 12 Restaurant or Deli Shop including Associated Sidewalk Cafe Other Incidental Uses approved by the City that are consistent with the intent and purposes of this division and deemed compatible and in harmony with the target industry located within the same building as the incidental use. (d) Accessory uses customarily incidental to the above permitted and approved conditional uses shall be allowed provided they are consistent with the intent and purpose of this division and deemed compatible and in harmony with the allowed permitted or conditional use. (e) Uses not specifically listed within this division shall be deemed prohibited. Sec. 20 -331. Building height. All buildings shall be a minimum two (2) stories in height of occupiable space (as defined by the Florida Building Code, Chapter 2). However, ancillary buildings may be excluded from the two story minimum by development agreement approved by the City Commission, provided the ancillary building is consistent with the intent and purpose of the district. The city commission, by conditional use permit, may approve a principal building that is less than two stories in height. Sec. 20-332. Setbacks. Unless otherwise expressly required by the City's Comprehensive Plan, this division or other applicable law, there shall be no minimum setbacks in the district. However, the location, size, dimensions and design of yards, buildings, structures, and other infrastructure and facilities shall be determined as part of the master plan process and by development agreement. Setbacks shall generally be determined based on factors such as intensity and design of the proposed use, public pedestrian and vehicular safety, environmental concerns, compatibility of surrounding and on -site uses and facilities, and connectivity of proposed development phases within the district. Sec. 20 -333. Parking and driveway requirements. The parking and driveway requirements for the Town Center set forth in Section 20- 324(8) shall apply in the district. Sec. 20 -334. Utility lines, pipes, conduit and infrastructure. (a) All new and relocated utility infrastructure shall be constructed and installed underground to the maximum extent feasible and possible consistent with law and industry City of Winter Springs Ordinance No. 2014 -10 Page 7 of 12 standards. All new or relocated utility lines, pipes, conduit and similar infrastructure within the district shall be constructed and installed beneath the surface of the ground unless the City determines that soil, topographical, or any other compelling site condition makes undergrounding unreasonable and impracticable. (b) Incidental utility appurtenances including transformer boxes, switch boxes, and pedestal mounted boxes shall not be required to be constructed and installed underground. However, such appurtenances shall be constructed and installed at locations approved by the City with maximum consideration given to visual screening, buffering, and other aesthetic and practical on and off -site visual and safety considerations. Such appurtenances shall be setback a minimum of fifteen (15) feet from any right -of -way. Visual screening techniques shall include landscape materials and masonry constructions. (c) Easements shall be required for the construction and installation of all utility infrastructure unless the utility determines that an easement is not needed to secure permission to use the property on which the infrastructure is installed. Sec. 20 -335. Interconnectivity of multiple parcels. In order to effectuate the master planning of the district involving multiple development parcels of land, property owners shall be required to provide internal connection between their respective parcels for rights -of -way, access and shared parking purposes unless the City determines that internal connection is not practicable or feasible based on parcel constraints or undue hardship. Upon approval of the City, interconnectivity may be achieved by conveying public rights -of -way and cross access easements to the City or easements and perpetual real property covenants between connecting parcel owners. Sec. 20 -336. Development Agreement. Due to the unique nature of the district and the master plan requirements, development phases and projects approved under this division shall be subject to a written development agreement unless the City Commission waives the requirement for good cause shown. The agreement may address such issues as impact fee credits; economic development incentives; 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 and terms allowed by law. All development agreements approved under this section shall be adopted and be in conformance with the requirements of the Florida Municipal Home Rule Powers Act, or F.S. §§ 163.3220 through 163.4243, as to effect, duration, public hearing requirements and other issues. The terms and conditions set forth in a development agreement and any related final engineering plans approved by the city commission shall be binding on the subject property regardless of any City of Winter Springs Ordinance No. 2014 -10 Page 8 of 12 changes to this division. In the event that this division is amended after a development agreement is approved to permit development that is inconsistent and in conflict with a previously approved development agreement, the terms and conditions of the development agreement shall prevail, unless the development agreement is amended. The intent of this paragraph is to prohibit a developer from relying upon an amendment to this division enacted subsequent to approval of its development project or phase in order to alter the terms and conditions of its project or phase without the express written consent of the city commission. Further, the city commission may waive the technical and design standards required by this division by development agreement. Sec. 20 -337. Master development plan. The district is intended to be planned and developed as a unified whole over a period of years. The various parcels of land within the district are also required to be interconnected to provide continuity and compatibility among the various land uses and to create a compact and walkable workplace. In furtherance of this intent and requirement, the district shall be developed in accordance with a master plan approved by the City consistent with the City's Comprehensive Plan and Code. The master plan shall serve as the fundamental and underlying guide for future phased development of the district. Each phase shall be consistent with the master plan approved by the City. In the event a proposed phase necessitates a modification to the master plan, the developer proposing the phase shall be required to demonstrate the need and benefit of the proposed modification to the master plan in conjunction with the proposed phase. All phases shall be consistent with the master plan and the intent and purpose of this division. Modifications to the master plan shall not cause any conflict with or adversely affect any existing or permitted phase. Sec. 20 -338. Optional Preliminary Review. Developers may, at their option and sole cost and risk, submit site layout and building elevation designs in schematic or sketch form to the City for a non - binding and preliminary review as an initial courtesy to the developer. These submittals are subject to a more formal application process (including, but not limited to, approval of final concept plans and preliminary and final engineering) which requires the submission of more detailed plans and specifications and requires a more detailed review and final consideration of approval by the city commission by development agreement. Comments and statements made by city officials at the optional preliminary review are non - binding unless memorialized in a written agreement approved by the city commission. City staff and the applicant shall only seek feedback from the commission and city staff shall not make a final recommendation regarding the proposed project or phase at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the commission's approval. In which case, the city staff shall make a recommendation regarding the application and proposed agreement. This non - binding and preliminary review shall not be relied upon by the developer or property owner as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property. By City of Winter Springs Ordinance No. 2014 -10 Page 9 of 12 requesting and participating in the optional preliminary review process, the developer and property owner shall be deemed to have read and agreed to this code provision and to hold the City and its officials harmless for any future actions they may have taken based on the results of a preliminary review pursuant to this section. Sec. 20 -339. Economic and Fiscal Impact requirements. (a) All development proposals within the district shall be subject to an economic and fiscal impact review pursuant to Policies 3.5.3 and 3.5.4 of the City's Comprehensive Plan. (b) The developer shall be required to submit an economic and fiscal impact report to the City as a condition of approval of any proposed phase or project. The report shall be prepared by a duly qualified expert and supported by data and analysis or the developer may choose to submit an application to use the City's economic and fiscal impact model pursuant to subparagraph (d) of this section. In either case, the report shall detail the associated economic and fiscal impacts of any proposed phase or project on the City and the School District and shall be used to determine compliance with the criteria set forth in subsection (c). While the report may address regional economic and fiscal impacts, if any, the report must predominantly address the economic and fiscal impacts on the City as its own economic system. The report must address the impacts of the prosed project or phase on jobs, economic output, and wages. The fiscal impact analysis must address the net fiscal impact of the proposed phase or project on the City over a period of years. Net fiscal impact shall be calculated as the sum of those revenues (such as ad valorem taxes, public service taxes, sales taxes, and charges for service) directly received by the City minus the sum of expenditures incurred by the City (such as general government expenses, law enforcement, roads, and parks and recreation). (c) No development order shall be issued for any proposed phase or project until such time the city commission determines, based on competent and substantial evidence, that the proposed phase or project satisfies the following criteria: (1) The proposed land use and intensity (or density) is permitted under this division; (2) Market demand for the proposed phase is minimally feasible based on market data; and (3) The proposed phase or project optimally increases and diversifies the City's tax base and economic well - being. For purposes of this section, the term "optimally increases" shall mean that the economic and fiscal impact of the proposed phase or project is the best result obtainable for the City under current economic and land use conditions. For purposes of evaluating the best result under current land use conditions, the report shall be prepared in the context of whether the proposed City of Winter Springs Ordinance No. 2014 -10 Page 10 of 12 development phase or project is consistent with existing or proposed uses in the district, the intent and purpose of the district, and compatible with surrounding land uses. Additionally, the term "diversifies" means the extent that the proposed development phase or project reduces the City's reliance upon a residential tax base to fund the City's fiscal budget. In furtherance of evaluating compliance with the criteria set forth in this section, the report shall analyze and compare the proposed development phase or proj ect to either the City's preferred development phase or project for the subject property as may be expressly stated in the master plan or applicable economic development study conducted by the City for the district, or if the City does not have a preferred development phase or project or applicable study, the proposed phase or project shall be compared with a reasonable array of other potential alternative compatible projects authorized by this division. (d) In lieu of submitting a report by a duly qualified expert, the developer may submit an application to use the City's adopted economic and fiscal impact model for Greeneway Interchange projects. The application shall be submitted with the applicable application fee and on a form prepared by the community development department. Along with the application, the developer shall be required to also submit all of the necessary input data and variables which are deemed necessary for the City to prepare one or more versions of a report generated from the model for the proposed development project or phase. Notwithstanding any report generated pursuant to this subsection, the developer may also submit an economic and fiscal impact report from a duly qualified expert if the developer desires to contest the findings and conclusions reached from the City's model. Sec. 20 -340. Comprehensive Plan and Code Compliance Required. All development of property subject to this division shall also be subject to the Comprehensive Plan and other applicable Code provisions of the City of Winter Springs, Florida, and all approvals and land development permits shall be in compliance therewith. 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. 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 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 City of Winter Springs Ordinance No. 2014 -10 Page 11 of 12 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 the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. CHARLES LACEY, 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 Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2014 -10 Page 12 of 12 Municode EXHIBIT Page 1 of 13 A Winter Springs, Florida, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 20 - ZONING » ARTICLE III. - ESTABLISHMENT OF DISTRICTS >> DIVISION 13. GREENEWAY INTERCHANGE ZONING DISTRICT >> Sec. 20 -337. Reserved. Sec. 20 -338. Utility lines. Sec. 20.349_. Developer's agreement. Secs. 20- 342 -20 -344. Reserved. See. 20 -328. Purpose. The GreeneWay Interchange District i designed as a mixed -use category which combines a strategy to attract higher density residential an commercial enterprises oriented toward a major transportation nexus of an expressway and arteri road and minimize urban sprawl. This district is specifically designed to: (1) Provide high density residential develop \the oximity to economic centers for employees. (2} Discourage urban sprawl by clustering epment activities along growth corridors. (3) Promote business development in close regional road network providing high visibility and convenient a (4) Ensure sufficient availability of land to renic development needs of the city. (5) provide for choi ce and diversity in living arrangements and \are: ts. (Ord. No. 725. 8- 23 -99) Sec. 20 -329. General uses and intensities. (a) The GreeneWay Interchange Development District is designed to f land uses, development intensities, and target industry development. T (1 } Planned commercial developments, corporate business pas, commercial, service and hotel uses. http: / /Ilbra ry.municode.coml print. aspx? h= &c1lentID= 12019 &1- 1TMRequcst= http %3a %2f... 3/13/2014 Municodc Page 2 of 13 (2) Planned medium to high- density residential developments. (3) Planned mixed -use developments. (b) Development intensities: The city shall apply the following development intensities. The criteria for establishing appropriate intensities include, but are not limited to, compatibility V ith surrounding existing and planned uses, adequacy of existing and programmed city services and facilities, economic development objectives, and consistency with the city's omprehensive plan and site characteristics. Residers a1 uses: I 1 m density: 5 -10 dwelling units per net acre d High sity: 11 -20 Dwelling Units per net acre Non - residential ses: 1.0 Floor ArRatio (FAR) (c) Land use mix: 'he GreeneWay Interchange District shall be developed to accommodate an overall mix of lan'�ses as described below: Land Uses 'nimum Maximum Residential 0 25% Non - Residential 5% 100% (d) open space /recreation: A minimum f twenty -five (25) percent of the overall site must be designated as recreation and comma open space. Individual land uses may have more or less than twenty -five (25) percent of its rhea devoted to common open space. Recreation areas are not required within non - residential areas. In non - residential areas, landscaped pedestrian connections between buildings, parkin gd adjacent development is required. (Ord. No. 725,8-23-99) Sec. 20 -330. Permitted uses, conditional uses, prohibited uses. (a) Medium density residential: Single - family attached /detached Patio homes Duplex Multi - family (b) Nigh density residential: (c) Office: uses and structures, Variety of office uses from single- tenant professional offices to corpo (d) Commercial: Alterations and tailoring Automotive accessory sales Bed and breakfast inn Bicycles sales and service Bookstores, newstands office parks. http: // library.municode.com /print.aspx ?li= &cl ientI D= 12019&, HTM Requcst= http %3a %2f... 3/13/2014 Municode Page 3 of 13 Cleaners Community, regional and sub - regional shopping centers Computers, hardware, software sales and service onvention center C venience store without gas pumps Davv re Nurseries Drug s re Electroni equipment sales and service Financial in itutions Florist Government se ice facilities Hardware store Hotel, motel Medical clinics Medical laboratories Medical supplies and rental Neighborhood convenience st res Offices — (general) Offices — (regulated professions) Parking garages Parks and recreation facilities Personal services Physical fitness and health clubs Private clubs and lodges Public utilities and service structures Residential — multifamily Restaurants Sidewalk cafes Theaters (e) Conditional uses In commercial areas: Before a conditional se maybe granted within the GreeneWay Interchange District, the development review co mittee must find that the use or uses are consistent with the general purpose and spirit of th district and with the public interest. Alcoholic beverage sales (package) Alcoholic beverage sales (on- premises consumption) Amusement enterprises Automobile and truck rental Automobile gasoline service station Automobile repair Child care facilities Drive -in restaurants Hospitals Mini- warehouses http :lllibrary.municode.comlprint. aspx? h= &clientID= 12019 &HTMltequest= http %3a %2f... 3/13/2014 Municode Page 4 of 13 Nursing homes Schools (public or private) \developnment r retail store or business enterprise not listed that in the judgement of the review committee is consistent with those included above, and further, that will mony with the purpose and spirit of the GreeneWay Interchange District. d accessory uses and structures: ry uses customarily associated with, dependent on, and incidental to the permitted ncipal uses. (g) Prohibited Check cash inbestablishments (other than banks) Flea markets Funeral homes Pawn shops Strip centers All uses listed in section 2 52 in the C -2 General Commercial and Industrial District of the City Code, except 20- 252(1) ses permitted in the C -1 "Neighborhood Commercial District" (Ord. No. 725, 8- 23 -99) Sec. 20-331. Building height. No building shall exceed seventy -five R5) feet in height. (Ord. No. 725, B- 23 -99) Sec. 20 -332. Setbacks. (a) No improvement shall be located on any propertcloser to any property line than the minimum setbacks set forth below: (b) The narrowest dimension of a lot adjoining a road right -of -way shall termine its front for the purpose of establishing yard requirements. (c) On corner lots, the front yard shall be considered as abutting the street u on which the lot has its least dimension. The rear lot, in this case, shall be opposite the fro t yard. (d) The following structures are specifically excluded from the setback restrictio s: (1) Steps and walks. (2) Landscaping and landscape berms. (3) Planters three (3) feet in height or less, or http: // library. municode .com /print.aspx ?li= &clientI D= l 2019 &HTMRequest= http %3a %2f... 3/13/2014 Buildings Parkin S.R. 434 25 feet 15 feet Collector Street 25 feet 15 feet Internal Street 15 feet 1,0 feet Side (a) 0 feet feet Rear (a) 10 feet 5 Net (a) Unless abutting a residential area. See Section 20 -491 (b) The narrowest dimension of a lot adjoining a road right -of -way shall termine its front for the purpose of establishing yard requirements. (c) On corner lots, the front yard shall be considered as abutting the street u on which the lot has its least dimension. The rear lot, in this case, shall be opposite the fro t yard. (d) The following structures are specifically excluded from the setback restrictio s: (1) Steps and walks. (2) Landscaping and landscape berms. (3) Planters three (3) feet in height or less, or http: // library. municode .com /print.aspx ?li= &clientI D= l 2019 &HTMRequest= http %3a %2f... 3/13/2014 Municode Page S of 13 (4) Other improvements as may be permitted under applicable regulations of the city. The planning and zoning board will consider any request for the placement of such other improvements within a setback, only after a development review committee review and commendation. In determining whether to recommend city consent, the development review co mittee may consider, without limiting the scope of their review, the following: (i) the extent to whit any hardship exists that would justify a variance from the normal setback requirements; (ii) the ae hetics of the proposed improvements and their visibility from common roads and adjacent propertie (iii} the consent or objections of adjacent property owners; and (iv) the nature and use of the propos improvements. It is the owner's burden and responsibility to provide such information and docume tation as may be requested by the development review committee in order to justify to the deveiopme review committee that the intrusion of additional improvements within the normal setbacks is bene ial to the corridor and will not adversely affect adjacent property owners. (Ord. No. 7,25. 8- 23- 99\Ord. No. 2010 -09. § 2. 4- 2n -10) Sec. 20 -333. Land co The overall site shat ontain twenty -five (25) percent open space or recreation. Individual sites within a planned develo ent may have more or less than twenty -five (25) percent open space. Stand alone single com ercial or office sites may contain a minimum of fifteen (15) open space. Open space includes pervious IT urfaces, landscaped or natural areas, recreation areas and stormwater retention /detention areas. Open space does not include designated conservation areas. {Ord. No. 725, 8 -23 -99,1 Sec. 20 -334. Off- street parking and drive►hpy requirements. (a) Paved driveway and parking spaces: All dri vX ways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall b curbed. (b) On -site parking: All parking areas shall be on -sit and shall be adequate to serve all employees, visitors and company vehicles. (c) Parking space size: Each off - street parking space sh II be a minimum of two hundred (200) square feet, 10' x 20`, in addition to space for access ves and aisles. The minimum width of each space shall be ten (10) feet. The two (2) foot are of paving at the end of each parking space may be omitted provided the area is landsc ed with sod or another acceptable ground cover. The two -foot landscaped area sha not be counted toward any other greenspace requirement or setback. Lines demarcating Parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the pa ing spaces so created contain within them the rectangular area required. (d) Handicapped spaces: Handicapped spaces shall be provided and s ed in accordance with 316.1955, 316.1956, 316.1958, 320.0843, 320.0845, 320.0848 Flori Statutes. (e) Access drive width: Each access drive shall have a minimum width ❑f t enty -four (24} feet. (f} Number of access drives: If a site has less than two hundred (200) feet o rontage on a right - of -way, one (1) access drive shall be permitted unless there is a joint acce drive, in which case two (2) may be permitted. If a site has more than two hundred (200) fee of frontage on a right -of -way, F.D.O.T permit guidelines (found in 1496 -7 Florida Administrati Code) and restrictions shall apply. (9) Turning radius: The minimum turning radius shall be thirty (30) feet. http: / /library.municode .com / print. aspx`? Ii= &cllentID= 12019 &HTMRequest= http %3 a %2f... 3/13/2014 Municode Page 6 of 13 (h) Joint use: Coordinated joint use of parking areas during off -peak hours shall be encouraged to be incorporated into the design of projects to reduce the total number of required parking spaces. i} Separation.Whenever practical, vehicular and pedestrian circulation systems shall be \No. rated. A system of multi- purpose walkways connecting buildings, common open spaces, ation areas, community facilities and parking areas shall be provided and adequately d for nighttime use. The intent is to create a pedestrian oriented system to connect all rties within the Greeneway Interchange District. (. 8- 23 -99; Ord. No. 2005 - 18. § 3, 7- 11 -05) Sec. 20 -335. L dscaping. The followi landscape standards establish the minimum criteria for the development of the roadways, parking eas, and other features to ensure continuity in aesthetic values throughout the corridor. (1) All areas re uiring landscaping shall meet or exceed the following general landscape requirements. uch landscaping requirements are required for: a. That part f the site fronting a public or private right -of -way that is within the designated orridor. b• Around and ' hin all off - street parking, loading and other vehicular use areas within each sit e. oading areas shall be screened with the intent to block the view of such loads areas from public streets or adjacent properties to the greatest extent prac 'cable. Loading areas shall not front on public streets. C. Along the outside of s eening walls and fences. d. Adjacent to buildings on a site to complement the architectural style. (2) All landscaping shall be installed cording to accepted commercial planting procedures. Fertile soil, free of lime ck, pebbles or other construction debris shall be used in all planting pits. t3) The owner of a site shall be responsible r all landscaping so as to present a neat, healthy and orderly appearance free of re a and debris. Any dead or dying plant material, including sod, shall be promptly re ced or shall be treated to restore healthy growth to achieve a uniform appearan . (4) All landscape areas shall be adequately irrigate , with reclaimed water if available, based on the following criteria: a• An automatic sprinkler irrigation system shall \sesors. r all landscaped areas. b. The irrigation system shall be designed to proage of all landscaped areas and shall be equipped with C• The irrigation system shall be designed and o vent or minimize run -off of irrigation water onto roadways, driveacent properties not under the control of the owner of the site. d. The irrigation system shall be maintained so as to be in opti working order at all times. (5) All plant material shall meet or exceed standards for Florida No. 1 plant as specified in Grades and Standards for Nursery Plants. Parts I and 11, 1973 publishe by the State of Florida, Department of Agriculture and Consumer Services. Trees all be http:// Ilbrary. inunicode .comlprint.aspx ?h= &clieiitl D= 1 2019& HTMRcquest= http %3a %2 f... 3/13/2014 Municode Pabe 7 of 13 selected from the Recommended Tree Pallet found at the end of these design standards. (6) The preservation and utilization of a site's natural trees and shrubbery is strongly encouraIdefined ed. Existing vegetation shall be incorporated into the landscape concept for wherever practical. al growth may be used to satisfy specific landscape requirements. Relocation of landscaping material is encouraged. an accessway intersects a right -of -way, landscaping may be used to define the ction provided however that all landscaping within the triangular area described all provide unobstructed cross- visibility at a level between two (2) feet and six t a ove finished grade. Pedestrian sidewalks may cross the triangular area. capi , except grass and ground cover, shall not be located closer than three et from a edge of any accessway pavement. The triangular area shall be d as. a• The areas}of the site on both sides of an accessw ay which lie within a triangle formed by t intersection of each curb of the accessway with the street right -of -way with two )sides of each Triangle being ten (10) feet in length from the point of intersec � n and the third side being a line connecting the ends of the two (2) other side b• The area of the site cated at a corner formed by the intersection of two (2) or more streets with two sides of the triangular area being measured thirty (30) feet in length along the n ht -of -way lines from their point of intersection; and the third being a line Conn ting the ends of the other two (2) lines. (S) All landscape plans and specificatio s shall be prepared by a landscape architect licensed to practice in the State of Flo 'da. (10) All parking areas and vehicular use area shall be screened from the public right -of- way by a landscape screen. This screen y be composed of a berm not less than three (3) feet in height and not more than fiv (5) feet in height or a maintenance free wall at least (3) feet in height, or a screen of I dscaping at least three (3) feet in height twelve (12) months after planting. If a wa or hedge is used, a meandering berm a minimum of one and one -half (1 '/2) feet in eight, with a maximum slope of 3:1 shall be required. Berms shall not be used wher coverage conflicts with existing vegetation. This screening requirement may be combs ed with other requirements within the landscape easement. Berm slopes shall vary . order to provide visual interest; however, the maximum slope shall be 3:1. The b rm shall be completely covered with grass or other living landscape materials. A b m shall not be constructed around existing vegetation where the grade will raised more than six (6) inches. Walls and shrub screens shall be setback a minimu often (10) feet from the property line. For the purpose of this division hedge, screen and landscaping are o be used interchangeably. 01) Concrete walkways shall be a minimum five (5) feet wide and shall be couraged to meander, where appropriate, to create visual interest. The construction the walkways shall be coordinated with adjacent properties to ensure continui of design. Where a sidewalk intersects a street or driveway, a curb ramp shall be ins d. (12) Landscaping shall be installed to screen parking areas from adjacent and prox ate properties as follows: a. http : / /Iibrary.munico(le.com/ print. aspx? h= &clientID= 12019 &HTMRequest= http %31 %2f... 3/13/2014 Municode Page 8 of 13 Where vehicular use areas are adjacent to properties assigned a zoning classification which allows only residential uses or properties assigned a residential land use designation, the provisions of section 20 -336 activelpassive buffer and setback design standards shall apply. b. A hedge or other durable landscape screen at least thirty (30) inches in overall height above grade when planted, to grow to thirty -six (36) inches within twelve (12) months under normal growing conditions, shall be used between the common property lines. When two (2) hedges occur along a common property line, use of the same plant species is required. If a hedge exists on an adjacent property along a common property line, a duplicate hedge is not required; however, in all cases, tree planting requirements for each property shall apply. C. Live screening material shall be planted in areas not less than five (5) feet in idth. Planting areas shall be mulched a minimum of two (2) inches thick with c ress mulching or other organist mulch. d. At I IThese e (1) tree small occur for every seventy -five (75) linear feet, or fractreof, along side (non- street side) and rear property lines. These trees be any canopy trees selected from the recommended plant pallet founend of this section. (13) Landscapinll e provided for all vehicular use areas so as to provide visual and climatic reli b ad expanses of pavement and to channelize and define logical areas for pan an vehicular circulation. The requirements for landscaping in vehicular uas are a follows: a• Parkas shall i lude landscaped curbed islands at the ends of each row of paThese islan k shall be a minimum of ten (10) feet wide and as deep as the combined parking ace(s) plus median, if any and shall include at least one (1) canopy tree. b. Each parking bay shall hore than ten (10) continuous parking spaces unbroken by a landscape hade frees shall be provided. C. Parking bays shall have of forty [40) spaces cars. Where total parking requirements for exc ed forty (40) cars, parking lots shall be broken into distin ct areas d by ontinuous landscaped islands at least five (5) feet wide. Landscnds sh contain one (1) tree for every thirty (30) linear feet of island. d. Each separate required ld island sha contain a minimum of one hundred sixty -two (162) square feet with a mini m interior dimension of nine (9) feet and shall include at least one (1) tree. e• As an option, a six (6) foot wide landscaped island m be constructed between rows of parking which shall count towards the equired open space. If this option is used, the parking spaces abutting the islan ay be shortened to nineteen (19) feet in length and the unbroken rows of parki may be extended to twenty (20) spaces. The landscaped island shall contain o� tree for every thirty (30) linear feet of island. (14) A landscaped unpaved area shall surround each non - residential buildin occurring between the facade of the building and paved areas whether a parking ar , drive or sidewalk as described below. a. Along the front and side of a non - residential building a minimum landsc�Red area of ten (10) feet for the first floor plus three (3) feet for each additional`t oor shall be maintained. Sidewalks are not considered part of the landscaped arraa. l http: // library. municode .com /print.aspx ?h= &clientI D= 12019 &HTM Reyucst= http %3a %2 f... 3/13/2014 ,'Ounicodc Page 9 of 13 b. Along the rear of a non - residential building a minimum of five (5) feet of landscaped area shall be maintained. Loading areas may be permitted along the rear or side facade of a building. C. For retail buildings, paving may be allowed up to the facade of a continuous storefront building if landscaping is provided intermittently along the facade of the building consistent with the following: 1 A minimum of fifty (50) percent of the front or side with continuous storefront must be landscaped. \stormwater Each landscaped area must have a minimum width of three (3) feet. (15) Foand accent planting shall be provided around all structures for the purpose of and complementing the architectural character of the structure. (16) We/detention ponds along S.R. 434 shall be designed so as not to require fent tentionldetention ponds in the rear of buildings shall be fenced it reqs[o . No dry retentionldetention pond shall be located along S. R. 434. (17) All er ma agement areas shall conform to the design criteria promulgated by the inter S ings and the St. Johns River Water Management District. (i 8} A tree survey shall be mitt with any application for site plan review showing all trees over four (4) inc he in caliper consistent with Chapter 5 of the City of Winter Springs Code of Ordinan\Briers r to any site clearing activities all existing trees required to remain by the pment Review Committee shall be tagged in the field for inspection and approv shall be erected at the dripline of trees for protection against construction a ivitius. (19) Any existing tree(s) indicated to re in on construction plans approved by the development review committee that a damaged or removed shall be replaced with new tree(s) Consistent with Chaster 5; ction 5 -5 of the City of Winter Springs Code of Ordinances. (20) All areas not otherwise landscaped, includi the right -of -way, shall be sodded with St. Augustine solid sod by parcel owners. Oth r suitable sod may be permitted in low visibility areas or areas subject to periodic wate nundation. (21) Pedestrian access through the perimeter wall and uffer may be provided at the abutting resident's or homeowners association's opt n to provide convenient pedestrian access to non - residential uses such as co �ercial areas, office parks or schools. (22) Additional green space and landscaping shall be required N access drives. (Ord. No. 725. 8-23-991 , Sec. 20 -336. Buffers and wails. (a) Unless otherwise specified, the following active /passive design standards s II apply to all commercial, office, and multi - family development adjacent to properties assig d a residential zoning classification or a residential land use designation. Buffers an setbacks required by this section are intended to separate incompatible land uses and elim ate or minimize adverse impacts such as light, noise, glare and building mass on adjacent residential uses. The development review committee shall make the final determinati of active and passive edge(s) during the site plan review process. (b) Front setbacks shall comply with the requirements of section 20 -332. Side and rear setba shall comply with Table 1 of this section. (c) http: lllibrary. municode .c.oinlpt -int.aspx ?h= &client1D =120] 9 &l-ITMRcquest= http %3a %2f... 3/13/2014 Municode Page 10 of i3 Passive buffers: The use of passive buffers may occur only on the passive edges of a building site. In using passive buffers, the following requirements shall be met: (1) Buffer width: Minimum fifteen (15) feet. (2) Buffers shall contain a perimeter brick or masonry wall six (6) feet in height. Buffers shall contain four (4) canopy trees a minimum of two and one -half (2.5) inches in diameter (dbh) for every one hundred (100) linear feet of buffer. Trees may be clustered or planted at regular intervals. (d) Active ffers: In using active buffers, the following requirements shall be met: (1) Bu er width: Minimum twenty -five (25) feet for one -story buildings. Mini um fifty (50) feet for buildings two (2) stories and over. (2} Buffer shall contain a perimeter brick or masonry wall six (6) feet in height. (3} Buffers s all contain eight (8) canopy trees a minimum of two and one -half (2.5) inches in i meter (dbh) for every one hundred (100) linear feet of buffer. Trees may be clustered r planted at regular intervals. (e) The following table p scribes the landscape buffer and setback requirements relating to the height of buildings whe the following uses are adjacent to existing residential land uses and/or properties assign a residential zoning land use classification or land use designation. Table 1 Passive /Active Landscape B ffer and Side and Rear Setback Requirements Building Passive Side of Building Active Side of Building Height and Use Buffer etback Buffer etback (in Feet) {in Feet] (in Feet) in Feet} One story: Office 15 25 2 50 15 25 25 50 Commercial Multi- 15 25 25 50 family or more stories: Office 15 50 50 100 15 50 50 100 Commercial Multi- 15 100 50 100 family (1 ) No existing or dedicated public or private right -of -way shall be incfude� in calculation of the buffer widths. ' (2) Existing vegetation shall be used where possible to meet these requirem4 t (f} Walls: All freestanding walls, sound barriers, ground sign enclosures, planters, mai structures fronting along the designated roadway or its major intersections shall be S. -made http: // library .municode.com /print.aspx ?h = &cli entlD= 12019 &HTMRequest =littp ° /o3 a ° /`2f... 3/13/2014 Municode Page l 1 of 13 decorative or split -faced concrete block. When these materials are used for a visual screen, they shall conform to the architectural style, materials, and color of the development. No. 725, 8- 23 -99.i Sec. 20 -337. Reserved. Editor' Nperti Ord. N-18, § 5, adopted Oct. 23, 2046, repealed fromer 20 -337 in its entirety which d to signs in the Greenway Interchange Zoning District and derived from the : Ord. No. 725, 8- 23 -99; Ord. No. 2003 -06, § 3, 12 -8 -03; Ord. No. 2004 -49, § 2, 12- 1 3 -04. Sec. 20 -338. Utility Npes. All new or reloca d utility lines within the district shall be constructed and installed beneath the surface of the ground less it is determined by the city that soil, topographical, or any other compelling conditions, make he underground installation of such utility lines as prescribed herein unreasonable and impracticab (1) it shall be the develo er's responsibility on -site to make the necessary arrangement with each utility in acco \ea with the utility's established policy. (2) The underground insta incidental appurtenances, such as transformer boxes, switch boxes, pedestal d boxes for the provision of electricity shall not be required. However, sucenances where not rendered impractical by the determination of the cit "nstalled on the site of any development approved after the adoption of thn. a necessary easements to allow the utility company access and s suc appurtenances shall be dedicated to the service provider by the developto issu ce of a building permit. (3) All transformers and switch boxes relate o development approved after the adoption of this section shall be set back a minimum f fifteen (15) feet from any right -of -way and visually screened using landscape mater Is or masonry construction in conformance with these land development regu tions. (Ord. No. 725, 8- 23 -99) Sec. 20 -339. Cross - access easements. {a) All development except single family residential and duplex uses, with parking lots or direct access to a public road shall, as part of the development approval ocess\fesible establish cross - access easements which provide for the internal connection of the adjacent parcels unless the city engineer makes a finding that such joint - access is n or practicable based upon circumstances unique to the properties. (b) Shared parking areas shall be permitted a reduction in required parking spa s if peak demand periods for proposed land uses do not occur at the same time. (Ord. No. 725, 8- 23 -99) Sec. 20 -340. Building and screening design guidelines. (a) Projects shall use materials consistent with materials used in the area. Acceptable mate (als include stucco, split -faced or decorative concrete block reinforced concrete with tile, and brick and terra coma accent material. Inappropriate materials are river rock unfinished timb http: // library. municode. com /print.aspx' ?Ii= &,eliciitl❑ =t 2019 RH'I'MRequest-= http %3a %2f... 3/13/2014 Municode Page 12 of 13 (unpainted), shake roofs, reflective /mirror glass, and metal siding. Materials should be high quality and well crafted. ( Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heating units, must be screened so that they re not visible from any public right -of -way. The screen shall consist of a solid wall, facade, p apet or other similar screening material which is architecturally compatible and consistent with a associated building. Such screening material shall extend at least one (t) foot above the o ct to be screened. If landscaping is utilized, the plantings must be high enough within one year f planting to provide a screen which will screen the entire unit with a minimum of seventy -five 75) percent opacity. In the case of satellite dishes, they shall be screened from view from gro d level of adjacent rights -of -way and properties by buildings, dense landscaping or s reen walls. The development review committee may permit dishes on buildings if no part f the dish is visible from the ground of surrounding properties. Setbacks for antennas and sa Ilite dishes shall be the same as the building setbacks. (c) Dumpsters and similar cilities shall be screened on all four (4) sides from public view. Both sides and the rear of suc facilities shall be screened by an opaque concrete wall, or similar material. Dumpsters shall placed in an area that is least visible from a public right -of -way. (d) All storage areas shall be scr ened from view from the right -of -way and from adjacent residential zoning districts. Scr ning enclosures may consist of any combination of landscaping and opaque building aterials. If building materials are utilized, such material shall be consistent with the archite ral design of the principal structures. (e) Side and rear elevations of buildings 'sible from a public street or adjacent property shall be designed in the same architectural style s the main facade. (f} All doors for service entrances or bays sh I not face a public street unless they are screened to obscure service activities. (9) Dutparcels shall conform to the architectural, ' nage, and landscape theme of the overall project and must share an internal access with t overall project_ (h) Newspaper, magazine and other such vending ma hines. ATM's, pay telephones, and trash receptacles shall be encased in a structure that is ar hitecturally compatible and consistent with the adjacent building and other site details and m t meet building setbacks. (i) Exterior lighting shall be a cut -off light source to protect lacent properties from glare. All exterior lighting shall be consistent and compatible throug ut the project. U) Buildings with multiple storefront entries are encouraged to i or p )rate overhangs in the design of front facades as appropriate to promote pedestrian \uilding (k) Backflow preventers and other above ground valves shalt be ey are not visible from the street right -of -way using either landscaping or an opmaterial and shall be subject to buffer setb ack requirements. (I) Drive -thru pick up windows shall not be permitted on the front uilding fronting on S.R. 434. (Ord. No. 725. 8- 23 -99) Sec. 20 -341. Developer's agreement. Any developer may propose to enter into a developer's agreement with the city d igned to set forth terms and conditions appropriate to meet the circumstances of the specific propo d development. Such development agreement shall be reviewed and approved by the city commission. The city commission may vary the standards of this division, including building or perimeter setbacks, parking standards, signage, and other standards. If an increase in building http:/ Aibrary. municode .com /print.aspx ?li= &clientl❑ =1201 9&HTMRequest= http %3a %2f... 3/13/2014 Municode Page 13 of 13 height beyond fifty -five (55) feet is requested, the city commission must find the fire department pabilities are adequate to address the change, Such consideration shall be based on building site co straints or physical characteristics of the property; provided specifically, however, that any such con ssions for a constrained site shall only be considered by the city commission in a develo ment agreement if enhanced perimeter landscaping or buffering is provided to assure that the cbje "ves of this division are achieved. {Ord. No. 725, Secs. 20- 342 - 21344. Reserved. http: 111ibrary. niunicode.comlprint.aspx`7h = &cl i cntl D =1 2019& HTM Request =http %3 a %2 f... 3/13/2014 Attachment "B" CALL TO ORDER The Regular Meeting of Monday, June 23, 2014 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Pam Carroll, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, absent Senior Attorney Kim Kopp, present City Clerk Andrea Lorenzo - Luaces, present PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2014 -10, which proposes to rewrite the City's Greeneway Interchange District land development regulations and thereby repealing prior inconsistent ordinances and resolutions. FISCAL IMPACT: While there is no direct fiscal impact to the City, staff is of the opinion that the proposed revised Greeneway Interchange District land development regulations will provide opportunities for the City to diversify its tax base through the development of a high quality corporate business /office park development. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The proposed ordinance was advertised in the Orlando Sentinel on April 24, 2014. 1 _: if CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CITY COMMISSION REGULAR MEETING — JUNE 23, 2014 PAGE 2 OF 3 RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2014 -10, which proposes to rewrite the City's Greeneway Interchange District land development regulations and thereby repealing prior inconsistent ordinances and resolutions. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER CARROLL. MAYOR LACEY STATED, "SECONDED BY DEPUTY MAYOR BROWN." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Senior Attorney Kopp read this Ordinance 2014 -10 by "Title" only. Mr. Woodruff briefly spoke on this Agenda Item and added, "Staff met with an individual tonight who has some concern regarding to existing cross - access language — that's found in section 20 -335 of the Ordinance before you tonight and I believe that he is here in the audience and will speak to that later this evening." Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Nathan Cook, 1064 Prato Place, Lake Mary, Florida: spoke of the GreeneWay Interchange District GID, promoting Winter Springs, economic development and using the name "Innovation Springs" as a "name designation" for the GID area. Mr. Kevin Cannon, Post Office Box 1501, Orlando, Florida: commented on the GreeneWay Interchange District and thought that the last speaker's suggestion might be a good idea and could not hurt, and hoped that the multi- family designation does not turn into rows and rows of apartments. Mr. Dennis Wells, 208 Wekiva Springs Road, Suite 2090, Longwood, Florida: remarked about the Cross - Access Easement and that he was speaking on behalf of his client the Casscells family, property rights and that staff might be willing to further discuss this. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Mr. Stevenson commented on the previous remarks and said, "Innovation springs would be a marketing type of language which might be better discussed at another meeting. Certainly, what we're talking about here tonight is just the designation of the zoning as the GID and the land use is the GID so I just wanted to make sure we distinguished those two (2). Next, Mr. Stevenson referred to Mr. Cannon's comments on rows and rows of townhouses and stated, we've placed strict restrictions on the multi - family — no more than 25% percent of the square footage of any one vertically integrated building so these would be in terms of existing multi - purpose buildings" and that they agreed with Mr. Cannon's desire this be an "economic generator ". Mr. Stevenson then remarked, "Relative to the last comment, that shall is the language that was brought over from the current code and we feel very strongly about that — we are willing at the direction of this Commission to discuss that and maybe look at that and make sure we're on board with that, but understand, that's existing language. We feel that it's important that we at the very least strongly promote cross easements based upon the need as the property develops. That's something we'd be willing to take a look at between 1S` and 2nd reading if the desire of this Commission is to do so." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CITY COMMISSION REGULAR MEETING - JUNE 23, 2014 PAGE 3 OF 3 "MOTION TO MOVE TO SECOND." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: mcz DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE mettl COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attachment "C