HomeMy WebLinkAbout2019 04 29 Regular 500 - Draft Ordinance for Amending the Application, Notice, and Review Criteria Procedures for Special Zoning Permits REGULAR AGENDA ITEM 500
959 CITY COMMISSION AGENDA I APRIL 29, 2019 I SPECIAL MEETING
TITLE
Draft Ordinance for Amending the Application, Notice, and Review Criteria
Procedures for Special Zoning Permits
SUMMARY
During the City Commission workshop process, which has been taking place, the
City Commission directed the CityAttorneyto prepare an Ordinance to update and
streamline the application, notice, review criteria, and procedures regarding special
zoning permits and other land use permitting decisions. Additionally, the City
Commission directed that the Ordinance eliminate the separate land use permit
decision making process in the Town Center Code and to consolidate the Town
Center Code process with the regular development permit process under the City
Code for purposes of streamlining development permit procedure and eliminating
any unintended confusion with the two separate processes.
The City Commission has previously recognized that since the Town Center District
Code's adoption in 2000, the Town Center has operated, in many respects, under
its own set of rules and procedures especially regarding special exception
applications which may be filed requesting waivers from the various standard
provisions of the Town Center Code. The City Commission has recently expressed
interest in streamlining the special exception process by consolidating it with the
general zoning regulations applicable to other zoning districts and special zoning
permits.
The attached Ordinance was prepared at the City Commission's direction. The
Ordinance is procedural in nature only regarding the requirements to process
development permit applications and does not specifically address land uses in the
various zoning districts. Land uses will be reviewed by the City Commission
separately as part of the workshop process and addressed in a separate ordinance
if the City Commission desires to modify the land use provisions in the City Code.
The proposed Ordinance will require several publicly noticed and advertised public
hearings including one hearing before the City's Land Planning Agency and two
hearings before the City Commission.
This is a legislative process. In other words, the City Commission is exercising its
legislative authority to consider whether to amend the zoning laws applicable
within the jurisdiction of the city of Winter Springs. Unlike a quasi-judicial zoning
hearing where the City Commission is applying existing policy, the City
Commission is attempting to formulate (create) new policy related to the
processing of development permit applications as set forth in the proposed
Ordinance.
Any newzoning policies must be adopted byordinance and will be applied in quasi-
judicial hearings conducted on the development permits referenced in the
Ordinance in the future.
Generally, the Ordinance, if approved, will make very important changes to
requirements in the City's land development code which are fundamental to the
City's authority to process land development permit applications:
1. Repeals the separate development permit procedure in the Town Center Code,
and streamlines it by consolidating the Town Center permit process with the
regular development permit process contained in Chapter 20 of the City Code.
Conforming text amendments to the Town Center Code, such as striking (as no
longer necessary) the reference to the special development review committee,
are required to be made to effectuate this streamlining/consolidation including
as stated in Exhibit "A" to the Ordinance.
2. The Ordinance addresses a uniform procedure for applying for site plans,
variances, conditional uses, rezoning, waivers, and administrative appeals asset
forth in the City Code. These uniform procedures will apply to ALL City zoning
districts, and not just the specific zoning districts referenced in the pending
moratorium ordinance.
3. In addition to the consolidation of the Town Center Code referenced above, the
Ordinance proposes a variety of updates and improvements including:
a. Providing for a discretionary advisory hearing officer to conduct land use
permit hearings if necessary;
b. Require posting of land use permit applications on the City's website for
public viewing within S days of filing with the City;
c. Providing an optional conceptual plan review process (currently limited
to Town Center Code);
d. Providing a recommended pre-application meeting with the community
development department;
PEGULAP AGENDA ITEM 500
e. Enhancing the development permit application requirements and
process to require applicants to not only provide a complete application,
but to provide all relevant and necessary information related to the
proposed development project for purposes of allowing the City to make
a compliance determination with the City's Comprehensive Plan and
Code;
f. Requiring all new development projects, conditional uses and
redevelopment projects requiring more than minor modifications to an
existing site plan, shall be required to be memorialized in a binding
development agreement;
g. Requiring the developer to conduct a publicly noticed community
workshop, consistent with the minimum enumerated code
requirements, for all new development, new buildings, conditional uses,
existing buildings being altered by 50 percent or greater of the original
floor area or seating capacity, or development agreements under section
20-28.1 of the City Code;
h. Requiring minimum requirements for City staff recommendations to the
land planning agency and city commission related to their review of all
applications for site plans, rezonings, variances, conditional uses,waivers,
and administrative appeals;
i. Enhancing the review criteria applicable to applications for rezonings,
variances, conditional uses, waivers, and administrative appeals;
j. Clarifying provisions applicable to administrative appeals related to
administrative determinations and interpretations under Chapter 20 of
the City Code;
k. Expressly incorporating unique features (e.g. transects and other
architectural dimensional requirements) of the Town Center Code into
the existing limited administrative waiver procedure in the City Code, and
also clarifying that city commission can likewise use the limited
administrative criteria to grant applicable waivers when considering and
making final decisions on any other land use application requiring city
commission approval such as final engineering plans; and
I. Repealing old language in the City Code regarding the site plan review
board which was previously superseded and repealed by the Chapter 9
of the City Code related to approval of final development plans and
engineering.
The details of the aforementioned changes are set forth in the attached Ordinance
and will be discussed in more detail at the City Commission meeting.
PEGULAP AGENDA ITEM 500
4. Although a public hearing is not required on this Ordinance at this time, public
input is recommended in order to receive any public input regarding the
proposed changes to the City's development permit process.
S. The City Attorney and City Manager are requesting that the City Commission
provide comments regarding the proposed Ordinance. If the City Commission
believes the proposed Ordinance is substantially acceptable at this stage of the
review process, the City Attorney and City Manager recommend that the City
Commission refer this Ordinance to the City's Land Planning Agency/ Planning
and Zoning Board for their review and recommendation pursuant to the
Community Planning Act.
RECOMMENDATION
Staff recommends that the City Commission consider and provide comments on
the draft Ordinance amending the application, notice, review criteria, and
procedures regarding special zoning permits and other land use permitting
decisions, and determine whether the Ordinance is ready to be referred and
presented to the City's Land Planning Agency for review and recommendation
pursuant to the Community Planning Act.
AGENDAPEGULAP ITEM 500 1 MONDAY
Draft: 4/24/2019
ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; AMENDING APPLICATION,
NOTICE, REVIEW CRITERIA, AND PROCEDURES REGARDING
SPECIAL ZONING PERMITS AND OTHER LAND USE
PERMITTING DECISIONS; MAKING CONFORMING
AMENDMENTS TO THE CITY 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 has conducted numerous public workshops to evaluate
and discuss updating and amending the City's land development code related to certain land use
decision making procedures including special zoning permits; and
WHEREAS, the City Commission desires to update and amend the City Code related to the
aforesaid; and
WHEREAS, the City's Land Planning Agency/Planning & Zoning Board has reviewed and
made a recommendation regarding this Ordinance at a duly advertised public meeting held on
and
WHEREAS, the City Commission held a duly noticed public hearing on the proposed
changes to the land development code set forth hereunder and considered findings and advice of
the Land Planning Agency, staff, citizens, and all interested parties submitting written and oral
comments and supporting data and analysis, and after complete deliberation, hereby finds the
changes set forth hereunder serve a legitimate government purposes and are consistent with the
City of Winter Springs Comprehensive Plan; and
WHEREAS, the City Commission also hereby deems this Ordinance in the best interests of
the public health, safety and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Code Amendment. Chapter 20 of the City Code is hereby amended as follows
(underlined type indicates additions and str-ikee type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in
City of Winter Springs
Ordinance No.2019-
Page 1 of 27
Draft: 4/24/2019
Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
Chapter 20—ZONING
ARTICLE Il. - ADMINISTRATION
DIVISION 1. - PROCEDURE; LAND USE DECISIONS
Sec. 20-26. - Intent and purpose.
The intent and purpose of this division is to set forth the uniform procedure for applying for
site plans, variances, conditional uses, rezonings, waivers, and administrative appeals as set forth
in the City Code fhisc .
Sec. 20-27. - City commission; authority.
(a) Unless otherwise provided in this chapter, the city commission shall render all final
decisions regarding site plans, rezonings, variances, conditional uses, waivers, and administrative
appeals provided for in this chapter. The city commission may impose reasonable conditions on
any approved site plan, rezoning, variance, conditional use, waiver or administrative appeal to
the extent deemed necessary and relevant to ensure compliance with applicable criteria and other
applicable provisions of the city code and comprehensive plan. All formal decisions shall be
based on competent substantial evidence and the applicable criteria set forth in this chapter. The
city commission may adopt, by resolution or ordinance, quasi-judicial rules and procedures to
implement this division.
(b) On an as needed basis depending on the complexity of a particular application, the city
commission at its discretion may appoint, or direct the city manager to appoint, an advisory_
hearing officer to conduct an evidentiary hearing required by this section for any particular
application, The advisory hearing officer shall be a member of the Florida Bar in food standing
for five or more years. The hearuif;-officer must demonstrate satisfactory knowledge of
municipal land use and zoning law and general procedures for quasi-judicial land use matters.
Hearings conducted pursuant to this subsection shall be noticed as required by this Division and
the hearing officer shalleg nerally conduct the hearing in accordance with applicable provisions
of the city commission's quasi-judicial procedures. The advisory hearing officer shall within a
reasonable time, not to exceed 30 days from the date the hearing is closed, submit in writing a
report to the city commission. Such report shall summarize the evidence submitted and
considered and state precisely the hearing officer's findings, conclusions and recommendations.
The report shall be a public record and shall be provided by mail and email to the applicant and
any interested party. The city commission may decide the application based upon the hearing
officer's report, with or without taking additional evidence, or the application spay be referred
back to the hearing,officer to take additional evidence. The city commission may adopt or reject,
in whole or in part, the hearing_officer's proposed findings, conclusions and recommendations.
The city commission's decision shall be deemed final.
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Ordinance No.2019-
Page 2 of 27
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Sec. 20-28. - Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law, including the right
to receive notice, be heard, present evidence, cross-examine witnesses, and be represented
by a duly authorized representative.
b Within five 5 business days of filing with the City or as soon as practicable, applications
filed under this Division shall be publicly posted on the City's website on a web page
reserved for identifying pending land use applications.
(bc) In addition to any notice requirements provided by state law, all public hearings under
this division shall be publicly noticed for at least five (5) calendar days prior to the date of
the hearing. Said notice shall include the address of the subject property, matter to be
considered and the time, date and place of the hearing. The notice shall be posted in the
following manner:
(1) Posting the affected property.
(2) Posting at city hall.
(3) Notifying, by U.S. mail, all owners of real property adjacent to and within
approximately one hundred fifty (150) feet of the subject property based on the
information contained in the propegy appraiser's or similar property database.
(4) Posting on the city's website.
The notice requirements set forth in subsections (1), (2), and (3) and 4 above are hereby
deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of
appealing any decision made under this division.
Sec. 20-28.1.—Conceptual Plan Review. Applicants mgy, at their option and sole cost and risk
submit site layout and building elevation desigis in schematic or sketch form to the cit
commission for a non-binding, and preliminary review as an initial coua-tesy to the applicant.
These submittals are subject to a more formal application process which requires the subniission
of more detailed plans and specifications and requires a more detailed review and final
consideration of approval by the city commission. Comments and statements made by cit
officials at the preliminary review are non-binding unless memorialized in a written A eement
approved by the city commission. City staff and the applicant shall only seek feedback from the
commission and city staff shall not make a formal recommendation regarding the_proposed
proiect at this time, unless the application is accompanied by a written development agreement
being proposed by city staff for the commission's approval or during the preliminary review, a
development agreement is pursued by the city commission and the applicant. 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 applicant as a final decision
and shall not be construed in zmy manner as creating any vested right or entitlement for the
development of the subject prosy, By requesting and participating in the optional preliminary
review process, the applicant 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 preliminaa review pursuant to this section.
City of Winter Springs
Ordinance No.2019-
Page 3 of 27
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Sec. 20-28.2. - Pre-application Meeting. It is recommended that a licants meet with the
community development department prior to submitting an application, in order to discuss the
application process and the proposed project. No person may rely pon any comment made by
any participant at the pre-application conference as a representation or implication that the
application will be ultimately a proved or resected in any form.
Sec. 20-29. - Applications.
(a) The city manager or the city manager's designee is hereby authorized to prepare
applications in furtherance of this division. At a minimum, applications for conceptual 121an
review shall require pUment of an applicable application fee adopted by the city
commission and contain the information required by subparag ohs (1) through (6), site
layout and building elevation designs in schematic or sketch form, and such other
preliminary information deemed necessary by the applicant or city staff to describe the
development concept and the potential on and off-site impacts of the proposed development.
Additionally, all applications for site plans, ezonings, variances, conditional uses, waivers,
and administrative appeals shall be accompanied by the applicable application fee adopted
by the city commission and shall contain the following information:
(1) A general description of the relief sought under this division.
(2) A brief explanation with gpglicable supporting competent substantial evidence and
documents_, as to why the application satisfies the relevant criteria set forth in this
division.
(3) The name(s) of the owner(s) of the particular real property.
(4) If the applicant is other than all of the owners of the particular property, written
consent signed by all owners of the particular real property shall be attached.
(5) The legal description of the particular real property, accompanied by a certified survey
or that portion of the map maintained by the Seminole County Property Appraiser
reflecting the boundaries of the particular real property.
(6) The current and future land use and the zoning designations on the real property.
(7) For all new development new buildings, conditional uses existing buildings being
altered by 50 percent or greater of the original floor area or seating capacity, or as
otherwise deemed a licable by the city to relevantly and coMpetently competentlyexamine an
application for compliance with the city code and the affect the proposed use will have
on neighborhood and surroundin ro erties a licants shall be required to subunit
with the application the following information:
a. A current up-to-date tree survey and tree preservation and landscape plan,
b. A site plan, drawn to scale, which shall indicate:
1. Building elevations illustrating_all side of structures, floor plans, locations and
orientations, and landscape ares
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2. Ingress and a ess emergency accessnarking locations and number of spaces,
sidewalks and pedestrian and vehicle circulation within the site;
3. If a licablc stacking/queuing of vehicles drop off zones, truck/delivery areas
bike rack locations, and connections to adjacent properties;
4. Paved surfaces, materials and location(s),
5. Site location diagram and legal description;
6. Signage,
7. Wetland and floodplain boundaries;
8. Screening, buffering and lighting plans; and
9. Such other relevant information regarding the pygposed site.
c. A parking analysis, prepared by a duly ualified expert, justifin the ro osed parking
solution;
d. An economic fiscal impact report, prepared by a duly qualified expert-in compliance
with the requirements set Forth in the City's Comprehensive Plan and Code if applicable
and required by the city;
e. A traffic study and analysis prepared by a duly ualified expert, regarding the
estimated impact of the proposed project on the neighborhood and surrounding
properties as well as the established level of service on affected roads;
f. A stormwater management plan;
P-. A noise study to analyze current and proposed noise levels as well as methods of sound
attenuation, if applicable and required by the qfty.
S If a residential development is proposed, a school coneurrency letter from the School
District, if applicable.
9 If the proposed development has the potential to discharge noxious odors or pollutants
an odor or pollution study, prepared by a duly qualified expert, regarding the proposed
ro'ect's estimated odor or pollutant impact act on the neighborhood, surroundin
properties and the environment.
(10) Other reasonable supporting documents to indicate intentions and/or any other item
reasonably required by the city to determine whether or not the proposed development
is in compliance with the City's Comprehensive Plan and Code.
b Incomplete applications will not be processed and presented to the planning & zoning board
and city commission, or if inadvertently prcwnted to said board and city commission, the
board and city commission may require the applicant to complete the application if deemed
necessary before roceedin with final review of the application, A licants will be
provided written notice of incomplete applications and be afforded a reasonable opportunity
to sufficiently complete an application before an incomplete application is deemed rejected
and returned by the city staff. If an application is deemed incomplete and the applicant fails
to complete it within ninety-(90) days of written notice from the City, the City shall have the
City of Winter Springs
Ordinance No.2019-
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right, by providing written notice to the applicant, to deem the application withdrawn by the
applicant. Applications deemed withdrawn shallnot be processed and the application fee
shall be deemed forfeited. Withdrawn applications may be refiled in complete form and
payment of the applicable application fee.
c All site plans, rezonin s variances conditional uses and appeals approved herein shall be
binding on the use of the property. As a condition of approval by the city commission all
new development projects, conditional uses and redevelopment projects requiring more tllail
minor modifications to an existing site plan, shall be required to be memorialized in a
binding development agreement which shall be executed by the city and property owner. If
the applicant is a developer, the developer shall be required to execute the bidding
development agreement subject to closing and acquiring the property. The agreement shall
be recorded against the proso that the terms and conditions of approval related to the
development project or conditional use shall run with the land.
Sec. 20-29.1. —Community Workshop requirements.
a For all new development, new buildings, conditional uses existing buildings being altered b
50 percent or greater of the original floor area or seating capacity, or development
agreements under section 20-28.1 of the City_Code the applicant shall provide the
opportunity for a workshop to inform neighboring property owners of the proposed
application. The workshop shall be held in a location generally near the subject property and
shall be held in a facility that is ADA compliant. The applicant shall provide notification by
mail to all owners of property located within 400 feet of the subject prope1-ts ani to X11
neighborhood homeowner's associations registered with the cit. and located within one-half-
mile of the property. The city manager or designee shall provide mailing labels to the
applicant. The aplilicant shall mail these notices with proper postee e at least 15 calendar days
before the workshop. The applicant shall also provide the City with an appropriate written
notice to be published on the City's website at least 15 calendar days before the date of the
worksl
b The workshop shall start between 6:00 p.m. and 8:00 p.m. on a weekday or between 9:00
a.m. and 5:00 p.m. on a weekend. All required workshops shall be held prior to submittal of
the applicati.Orl with the exception that applications for a non-binding and preliminary review,
without a development agreement, under section 20-28.1 shall not require a workshop. The
applicant shall be required to schedule an additional workshop if the initial workshop has
occurred more than six months prior to submittal of the application, or the applicant's
initially proposed plans have substantially and materially char ed from the initial workshop
or the city commission determines that an additional workshop is required before making a
final decision on any related application.
Sec. 20-30. - Staff review.
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Ordinance No.2019-
Page 6 of 27
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(a) The city staff shall be required to review all applications for site plans, rezonings,
variances, conditional uses, waivers, and administrative appeals, and make written
recommendations to the planning and zoning board and the city commission. Staff
recommendations shall include at a minimum the following relevant information,:
(1) background data about the subiect property including, but not limited to, current future
land use and zoning designations, previous applicable development agreements, binding
land covenants, parcel size and dimensions, development constraints such as wetlands_ and
conservation areas and easements, and a map and aerial of the subject and surrounding
proPLAY,
2 information regarding adjacent and surrounding land uses,•
information regarding the applicant and proposed application request,
(4) citation and summary of applicable law such as city comprehensive plan policies, city
code provisions and state and federal lawsz
(5)procedural history of the proposed application and project including application
submittal dates legal advertisements other related pending a licati.onsprevious cit
commission approvals. community charette. meetings, and planning & zoning board
recommendations,
(6) summary of relevant review criteria regarding the application;
(7) the applicants written analysis and response to the review criteria;
$ city staff's written analysis and response to the review criteria• and
(9) other competent substantial evidence deemed necessary y city staff to analyze the
application for compliance with law.
(b) Upon completion of the written recommendation, city staff shall forward the application
along with the recommendation, to the planning and zoning board as required by this
division, for a duly noticed public hearing and recommendation before the city commission
considers the application.
Sec. 20-31. - Rezonings.
(a) Any real property owner may file a rezoning application requesting a change in zoning
designation for their real property.
(b) The planning and zoning board shall be required to review all rezoning applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable rezoning criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All rezoning applications shall be reviewed for compliance with the following standards:
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(1) The proposed rezoning change is in compliance with all procedural requirements
established by the City Code and law;
(2) The proposed rezoning change is consistent with the goals, policies and objectives of
the city's comprehensive plan including, but not limited to, the Future Land Use Map
and the proposed change would not have an adverse effect on the city's im=plementation
of the goals,policies and objectives of the comprehensive plan;
(3) The proposed rezoning change is consistent with any master plan applicable to the
property;
(4) The proposed rezoning change is not contrary to the land use pattern established by
the city's comprehensive plan;
(5) The proposed rezoning change would not create a spot zone prohibited by law;
(6) The proposed rezoning change would not materially alter the population density
pattern in a manner that would overtax the load on public facilities and services such as
schools, utilities, streets, and other municipal services and infrastructure;
(7) The proposed rezoning would not result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding
area and the land use pattern established by the city's comprehensive plan;
(8) Changed or changing conditions make the proposed rezoning necessary for the city to
serve the population and economic activities;
(9) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
(10) Should the city be presented with competent substantial evidence indicating that
property values will be adversely affected by the proposed rezoning, the applicant must
demonstrate that the proposed rezoning change will not adversely affect property values
in the surrounding area;
(11) The proposed rezoning will not be a substantial detriment to the future improvement
or development of vacant adjacent and surrounding property;
(12) The proposed rezoning will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare and legitimate government interests;
(13) The proposed rezoning change and allowed uses intensity and densis are is
compatible with and not out of scale or incompatible with the surrounding existi
development and needs of the neighborhood or the city;
(14) The proposed rezoning does not violate any applicable land use regulations adopted
by the city.
15 Applications in the Town Center to rezone to a transect zone shall meet the follow
additional criteria:
a. The proposed T-Zone shall provide a logical extension of an existing zone or an
adequate transition between zones._
b. The area shall have had a chane in owth and development pattern to warrant a
rezoning to a more or less urban_T-Zone.
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c. The request shall be consistent with the overall city vision for growth and
development as expressed in the city's comprehensive plan or applicable master plan.
(16) Whether the applicant has agreed to execute a binding development agre+ernent required
by city to incorporate the terms and conditions of approval deemed necessary by the
city commission including, but not limited to any mitigative techniques and Plans
required by cily code.
(e) In approving a change in the zoning classification on a lot or parcel of land, at the request
of or with the concurrence of the owner of said lot or parcel, the city commission may
approve a rezoning subject to restrictions provided such restrictions do not confer any
special privilege upon the owner or subject property that would otherwise be denied by the
city's land development regulations in the same zoning district. Such restrictions may
include one or more of the following:
(1) Use restrictions greater than those otherwise specified for that particular district;
(2) Density restrictions greater than those otherwise specified for the particular district;
(3) Setbacks greater than those otherwise specified for the particular district, including
setbacks from lakes and major arterial roadways;
(4) Height limits more restrictive than otherwise permitted in the district;
(5) Minimum lot areas or minimum widths greater than otherwise specified for the
particular district;
(6) Minimum floor area greater than otherwise specified for structures in the particular
district;
(7) Open space requirements greater than otherwise required for property in the particular
district;
(8) Parking, loading driveway or traffic requirements more restrictive than otherwise
required for the particular district;
(9) Fencing or screening requirements greater than otherwise required for the particular
district;
(10) Restrictions on any other matters which the city commission is authorized to
regulate.
Upon approval of such restrictive rezonings, the planning division shall enter a reference to the
restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded
in the public records of Seminole County. Restrictions shall run with the land, without regard to
transfer of ownership or other interests, and may be removed only upon further amendment to
the zoning classification of the subject property in accordance with the procedures prescribed
herein.
Sec. 20-32. - Variances.
(a) Any real property owner may file a variance application requesting variance from this
chapter for their real property. Variances may be approved only for height, width, length ar
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area of structures; size of lots, size of. yard setbacks; driveway widths; building design
standards dimensional standards only)-L landscaping area requirements for vehicular use
areas landscape boiler requirements for buffer strip areas landscae zones• street setbacks
glazing and window percentages; and minimum first floor height. Under no circumstances
may a variance be granted to allow a use not permitted generally conditional use
permit in the district involved, or any use expressly or by necessary plication prohibited in
the district by the terms of this chapter or other applicable provision of the city code.
(b) The planning and zoning board shall be required to review all variance applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable variance criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All variance recommendations and final decisions shall be based on an affirmative finding
as to each of the following criterion:
(1) That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, buildings or
structures in the same zoning district.
2 That special conditions and circumstances do not result from the actions of the
applicant or applicant's predecessor in title.
(23) That literal interpretation of this chapter would work an unnecessary and undue
hard;slul2_onthe_applicant deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this chapter and other
applicable building and land development codes of the ciletild • ork unnecessafy_-nd
undue haFdship on the applie
(34) That the special conditions and circumstances referred to in subsection (d)(1) of this
section do not result from the actions of the applicant.
(45) That approval of the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, buildings, or structures in the
same zoning district.
(�6) That the requested variance is the minimum variance from this chapter necessary to
make possible the reasonable use of the land, building or structure.
(67) That approval of the variance will be in harmony with the general intent and purpose
of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to
the public welfare.
8 Whether the gpplicant has a eed to execute a binding, development agreement re uired
by city to incorporate the terms and conditions of approval deemed necessaryby the
City of Winter Springs
Ordinance No.2019-
Page 10 of 27
Draft: 4/24/2019
city commission including, but not limited to, any mitigative techniques and plans
required by city code.
(e,)_ The following factors shall not be considered in any variance request:
1 The presence of nonconformities in the zoning district or ad joining districts.
2 Financial loss or business com etition.
(3) 'Whether the property was purchased with the intent to develop or improve the property,
whether or not it was known at the time of purchase that such development would be a violation.
Sec. 20-33. - Conditional uses.
(a) Any real property owner may file a conditional use application requesting a conditional use
of their real property providing the conditional use is listed in the applicable zoning district
category.
(b) The planning and zoning board shall be required to review all conditional use applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable conditional use criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All conditional use recommendations and final decisions shall be based on the following
criteria to the extent applicable:
(1) Whether the applicant has demonstrated the conditional use, including its proposed
density, height, scale and intensity, hours of operation, buildingaghting design
setbacks buffers noise refuse odor, articulates smoke fumes and other emissions
parking and traffic-generating characteristics, number of persons anticipated usin
residing or working under the conditional use, and other offsite impacts, is compatible
and harmonious with adjacent land uses, and will not adversely impact land use
activities in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site, the proposed
access and internal circulation, and the design enhancements to be adequate to
accommodate the proposed density, scale and intensity of the conditional use requested.
The site shall be of sufficient size to accommodate design amenities such as screening,
buffers, landscaping, open space, off-street parking, safe and convenient automobile
bicycle, and pedestrian mobility at the site. and other similar site plan improvements
needed to mitigate against potential adverse impacts of the proposed use.
(3) Whether the proposed use will have an adverse impact on the local economy, including
governmental fiscal impact, employment, and property values.
City of Winter Springs
Ordinance No. 2019-
Page 11 of 27
Draft: 4/24/2019
(4) Whether the proposed use will have an adverse impact on the natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space, noxious
and desirable vegetation, and flood hazards.
(5) Whether the proposed use will have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and historic
resources.
(6) Whether the proposed use will have an adverse impact on public services, including
water, sewer, stormwater and surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities.
(7) Whether the traffic report and plan provided by the applicant details safe and efficient
means of ingress and egress into and out of the neighborhood and adequately addresses
the impact of projected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, and traffic flow through immediate_ intersections and
arterials.
(78) Whether the proposed use will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood
quality.
(9) Whether the proposed use avoids significant adverse odor, emission, noise, glare, and
vibration impacts on adjacent and surrounding lands regarding refuse collection service
delivery, parkin an�g, signs, lighting, and other sire elements.
(10) Whether the applicant has provided an acceptable security plan for the proposed
establishment that addresses the safety and security needs of the establishment and its
users and employees and minimizes impacts on the neighborhood, if applicable.
11 Whether the applicant has provided an acceptable plan for the mass deliveKy of
merchandise for new large foot rint buildings (greater than 20,000 square feet
including the hours of operation for delivery trucks to come into and exist the property
and surrounding neighborhood, if applicable.
(12) Whether the applicant has demonstrated that the conditional use and associated site
plan have been designed to incorporate mitigative techniques and plans needed to
Mr vent adverse impacts addressed in the criteria stated herein or to adjacent and
surrounding uses and properties.
(13) Whether the applicant has agreed to execute a bindingdevelopment agreement required
by city to incorporate the terms and conditions of approval deemed necessary b the
city commission including, but not limited to any mitigative techniques and plans
required by city code.
Sec. 20-34. -Waivers.
(a) Any real property owner may file a waiver application requesting a waiver for their real
property from any term and condition of this chapter (except from the list of permitted,
City of Winter Springs
Ordinance No. 2019-
Page 12 of 27
Draft: 4/24/2019
conditional and prohibited uses set forth in any zoning district category) if tke pfoper-ty
owner eleai4y demonstrates tha4 the applicable term or- eendition eleafly er-eates an
ggible, a fieal n+. n lz unre ries ble result.
illogical,
irii�vsm _ , —cca�raz
(b) The planning and zoning board shall be required to review all waiver applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable waiver criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) , aAll waiver recommendations
and final decisions shall also comply with the following criteria:
(1) The applicant clearly demonstrates that the applicable term or condition clearly creates
an illogical, impossible, impractical, or patently unreasonable result related to the
proposed property and development.
(4-2) The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
(23) The proposed development plan will significantly enhance the real property.
(34) The proposed development plan serves the public health, safety, and welfare.
(4-5) The waiver will not diminish property values in or alter the essential character of the
surrounding neighborhood.
(-,'376) The waiver granted is the minimum waiver that will eliminate or reduce the
illogical, impossible, impractical, or patently unreasonable result caused by the
applicable term or condition under this chapter.
(67) The proposed development plan is compatible and harmonious with the surrounding
neighborhood.
(8) Whether the applicant has agreed to execute a binding development agreement
required by city to incorporate the terms and conditions of approval deemed necessary
by the city commission including, but not limited to, any mitigative techniques and
plans required by city code.
Sec. 20-35. -Administrative appeals.
(a) Any final administrative decision regarding the enforcement or interpretation of this
chapter, where it is alleged there is an error by an administrative official, can be appealed as
set forth in this section. Administrative appeals are not authorized or permitted on
interpretation issues based on the following:
City of Winter Springs
Ordinance No.2019-
Page 13 of 27
Draft: 4/24/2019
1 Any order, requirement, decision or determination made regarding code enforcement
including notice of violations and civil citations.
2 Acts of administrative officials pursuant to the orders resolutions or directives of the
city commission including development agreements.
(3) Zoning verification letters.
(4) Challenges to a development order controlled by F.S. § 163.3215,
5 Appeals that circumvent procedures required by this chapter, including those that are
more appropriately addressed in an application for a waiver,variance or rezoning.
(b) The following persons shall have standing to appeal an administrative decision that is not of
general applicability and that is specifically related to a articular project or parcel of real
property:
(1)An applicant who is adversely affected by the decision.
(2) A property owner whose property is the subject of the decision.
3 All owners of real propeqy that lies within 400 feet of the property that is the subject of
the decision.
(4) Any resident landowner or person having a contractual interest in land in the city who
demonstrates a direct adverse impact from the decision that exceeds in degree the general
interest in communi!y good shared by all persons.
(bc) Appeals shall be taken within thiAy fifteen (3-915) days after such administrative decision
is signed by the administrative official rendering the decision or is otherwise rendered in
writing. Appeals shall be i8 made by filing a written notice of appeal with the city manager
stating the name of the decision maker, date of the decision, applicable code provisions and
the specific grounds for appeal. A copy of the written decision shall accompally accompanythe written
notice of appeal and filingfee.ee. Upon receipt of the notice of appeal, the city manager shall
schedule the appeal before the planning and zoning board within fifty (50) days and transmit
all documents, plans, papers or other materials constituting the record upon which the action
appealed from was taken. Within twenty (20) calendar days of the filing of a notice of
appeal pursuant to this section any person with standing may intervene and become a party
to the appeal by filing a written notice of a eat in accordance with this section and paymenL
of the filing fee.
(ed) The planning and zoning board shall be required to review all administrative appeals and
make a recommendation to the city commission.
(de) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the administrative appeal. If the city commission determines
that the planning and zoning board has not made a recommendation on an administrative
appeal within a reasonable period of time, the city commission may, at its discretion,
consider an application without the planning and zoning board's recommendation.
The hearing shall be limited to the record on apl2eal and shall consist of oral argument b
city staff and parties with standing, each of whom may be represented by legal counsel and
the party challenging the administrative decision shall have the burden of proof. The hearing,
City of Winter Springs
Ordinance No. 2019-
Page 14 of 27
Draft: 4/24/2019
shall be conducted in accordance with established Florida law for quasi-judicial hearings.
The record on appeal shall consist of the following: 1) the application and accompanying
information; and 2) the written decision of the administrative official and accompanying
information. All parties may freely refer to movisions from the comprehensive plan, an
other city ordinance, resolution, or rule, and any federal or state statute, rule, or decision. If
any paitydesires to admit any additional evidence, the additional evidence shall be disclosed
to the other parties and the planningand board or city commission not less than five
calendar days before the hearing. At the be inning of the hearing, the planning & zonin
board or city commission shall rule on whether such additional evidence may be presented
and shall freely allow the evidence when such evidence is relevant to the issue on appeal.
(eg) Review of administrative decisions shall be based on the following criteria:
(1) Whether the applicant was properly afforded procedural due process;
(2) Whether the decision under review is supported by competent, substantial evidence;
and
(3) Whether the decision under review complied with applicable law, including a proper
interpretation of any provision under this chapter.
(Ih) The city commission shall have the right to reverse or affirm, wholly or in part, or may
modify the order, requirement, decision or determination as ought to be made, and to that
end, shall have all the powers of the officers from whom the appeal is taken.
(i) An administrative appeal filed pursuant to this section stays all proceedings in furtherance of
the action appealed from, including the issuance of a building permit or development order,
unless the administrative official from whom the appeal is taken certifies in writing to the
board of adjustment after the notice of a eal is filed that because of facts stated in the
certificate, a stay would, in the administrative official's opinion, cause imminent peril to life
and property. In such case where the administrative official makes such certification,
roceedhi s shall not be stayed other than by an injunction issued by a court of competent
jurisdiction
Sec. 20-36. - Expiration of conditional use,variance and waiver approvals.
(a) Any conditional use, variance or waiver approved by the city commission under this
Division shall expire two (2) years after the effective date of such approval by the city
commission, unless a building permit based upon and incorporating the conditional use,
variance, or waiver is issued by the city within said time period. Upon written request of the
property owner, the city commission may extend the expiration date, without public hearing,
an additional six months, provided the property owner demonstrates good cause for the
extension. In addition, if the aforementioned building permit is timely issued, and the
building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be
deemed expired and null and void.
(b) The city commission hereby finds that there may be one or more unexpired conditional
use, variance, or waiver permits previously granted by the City that may have never been
acted upon or abandoned by the property owner. The city commission finds that these
City of Winter Springs
Ordinance No.2019-
Page 15 of 27
Draft: 4/24/2019
unexpired permits may now be detrimental to the public health, safety, and welfare of the
community due to changed circumstances in the surrounding neighborhood and changes in
law. Therefore, the provisions of this section shall apply retroactively to any unexpired
conditional use, variance, and waiver previously granted by the city commission. It is the
intent and purpose of this subsection to void any previously granted conditional use,
variance, and waiver permit that does not comply with the provisions of this section and to
require the property owner to reapply, under current circumstances, for said permit should
the property owner desire or need said permit.
Sec. 20-37. - Limited administrative waivers.
(a) Authorization by city manager. Waivers to the adopted land development regulations set
forth in this chapter may be authorized administratively by the city manager or designee,
subject to the procedures and limitations of this section. Designees under this section may be
approved by city manager by written administrative order.
(b) Waivers subject to administrative review and approval.
(1) Administrative waivers may be considered for height, area, of size, or desi i
dimensional requirement of a structure or architectural feature; and/or distance
requirement, size of yard, setback and open space requirements of an applicable zoning
district including the transect design standards in the Town Center District.
Administrative waivers shall not exceed ten percent (10%) of the applicable
requirement.
The city manager may authorize the administrative review and approval of a waiver
when a property owner clearly demonstrates:
a. The waiver is necessary, as a condition of city permit approval, to allow the
reasonable use of the subject property and any proposed or existing improvements
thereon; and
b. Such waiver will not: (i) have more than a de minimus impact on the subject
property and surrounding area; (ii) be contrary to the public interest; (iii) be
incompatible with the surrounding area; (iv) have an adverse effect on the
neighborhood or general welfare of the area; and (v) have the effect of nullifying
the intent and purpose of any applicable provision of this chapter.
(c) Application submittal and fee. Application for an administrative waiver lav the city
manager shall be made on a form provided by the community development department and
shall be accompanied by an application fee established by the city. As part of the
application, the city manager reserves the right to require a signed affidavit (submitted on a
form prepared by the city) from all abutting property owners indicating no objection to the
requested waiver. In such case, failure of the applicant to obtain signatures of all abutting
property owners will constitute a basis for denying the application. For the purpose of this
section, the term "abutting" shall include those properties directly across a road.
(d) Conditions. The city manager may prescribe appropriate conditions and safeguards to
ensure that the purposes of this section, chapter and other applicable regulations set forth in
City of Winter Springs
Ordinance No. 2019-
Page 16 of 27
Draft: 4/24/2019
the City Code are carried out, and to ensure that the waiver granted is the minimum
necessary to allow reasonable use of the land and improvements.
(e) Further action. Applications approved by the city manager under this section shall be
deemed final. However, a denial of a request for an administrative waiver by the city
manager shall be considered a non-final order of the city and shall not be appealable.
Applications denied under this section shall not preclude an applicant from requesting a
variance or waiver from the city commission pursuant to other applicable provisions of this
chapter. In such cases, the applicant shall submit a formal application for a variance or
waiver consistent with the requirements set forth in this chapter, and decisions made on such
applications shall be deemed final and subject to appeal in a court of competent jurisdiction.
Approvals by-City Commission. The city commission can use the limited administrative
criteria in subsection b to grant applicable waivers when considerinand mA final
decisions on any other land use application requiring city commission approval such as
qp roval of final engineering plans. Such waivers are not subject to the application
requirements in subsection (c) and shall not exceed fifteen percent 15%) of the applicable
requirement. However, in conjunction with the land use application requiring cit
commission approval, the applicant and city staff shall identify the applicable limited
waivers and address, in writing the criteria in subsection (b). Additionally, if deemed
necessary and relevant by city staff or city commission to approving the limited waiver
re uested the applicant shall provide such relevant information enumerated in section 20-29
to support granting the waiver request.
DIVISION 12. - TOWN CENTER DISTRICT CODE
Sec. 20-320. - Intent.
(c) How to use this code.
(1) Review the policies and administration procedures Spee applicable to the town center
as set forth " in the City's Comprehensive Plan and City Code includin
the Town Center District Code Chapter 9 Land Development including Gnat engineering lans
subdivision of land and aesthetic review, and Cha ter 20 Article 11 Administration Division 1
Procedures, Land Use Decisions regarding special zoning permits.
(2) Identify the transect zone assigned to the subject property.
(3) Determine whether the proposed use is permitted in the applicable transect zone and is
compatible under existing conditions at the proposed location with other adjacent or nearby land
uses within the town center and any established surrounding neighborhoods.
City of Winter Springs
Ordinance No.2019-
Page 17 of 27
Draft: 4/24/2019
9
x
x
Tuscawilla Road Retail, Winter Springs Town Center
(4) Review the general provisions and other requirements which apply throughout the applicable
transect zone.
(5) Determine which street type your lot fronts on the thoroughfare standards map.
(6) Review the building elements and architectural guidelines which contain specific rules for
architectural design.
(7) Prepare plans and specifications for submittal to the city in compliance with applicable law
including, but not limited to, the City's Comprehensive Plan, City Code and Town Center
District Code.
Sec. 20-321. -Administration.
(a) Interpretation of the standards. ki4er-pfetatien of the standards this division shA444e
I
'+} e adopted.] Q {{ Plan (i el �€'a �.n.•.nr.m:n_r].oit8
7��1PITSLTL`E:--i�i3d�ttFYsi�4�"L-���"��. Th 'i'l •x
'4 �'� ivP-iueui
strafties adopted
r
eepAen The images contained in this division are meant to demonstrate the character intended for
the town center and shall be the guide for future development, but are for illustrative purposes
only. The accompanying text and numbers are rules that govern permitted development.
City of Winter Springs
Ordinance No.2019-
Page 18 of 27
Draft: 4/24/2019
to T f� approving a11eet
r3
of site planning and exiefier mhiteeture, ineluding aesthetic .,leness, ,.;fi....nfiinn of..
specific and any other
delineated 'T
site
1 M their-option and Fisk,st
submi
iizvm detailed aCcrlatsi-5 Md cquriz..s—a ril$F$ detailed--FE"kie't1, and final
.,;.1e..a+;n.•�_..-.f'•_.i..n. _ +...+o .,+�. a.•lo i5a>_n;ii.rsCf"...,'al1s a+ +1,
L the
PfWiffi�l re non binding unless memorialized in a written agreemea4 appmved by
eit�, eemmission. City staff and the applieaal shall only seek feedbaek fiom the -Md
eit, staff shall not alc _ fo nna1_Feeem.,-....,dati. t e ct m this,
3 regardingt EE11LT
Mess the applioatir. _nrTr_.nr.T.+ d l +t development W beta-..feposeti+`1 by
iv '
city staff f6r the
I
S appfoval. In whiel- ease, the eity staff shall -make
wel;.,.inaf!y review shall not be .-un by the r. plieant a .+ !;„al deeision and shall_net h
construed ' w 0-r-;-41-9 emve-Atifl-g any vested right or- efAidement for the development of!
evi o process, U
is seetien.
(3) Appheants,-sha"bmit !be following items to the eemmtif�ty development depanment4,F
r
f4 up to lla4e site
6- A emir+ent up to date tree surve�-,
e. A site plan, drawn to seale, whieh shall indicate;
1. Building locations and •efi n};anstals esfeas-,
e.T and i
2. Puking le•'�r�E3I -aa1 d 71,0
a ,rates ees, matefials and leeati. a(s)—;
4 Site le ,
d. Building elevatiefl*4Pdstf-atifig all side,-, r.4'_stFu 4s rU9 f4raing public 94eets._rs�T
a
e� A pafl r
Barton Asreh-matl ' ssoeiates,'F Urban� aaand T„g+;tuie); lL
f Ano ...�.�mic ftic.nr�Lii .vae rt ed l•..1 n .bii. .�Wie l e.h :.M __.71pliax���*I
7.. ., to T
n
;-r
the rs} i;rnze +Ei wh, +1 , ! i+. lam z niv1 a Plan and Code,
City of Winter Springs
Ordinance No. 2019-
Page 19 of 27
Draft: 4/24/2019
g. Other reasonable supporting doeumevAs to indieale intentions an&of an),-etherm-items
reasonably r-equifed by the development review eommiltee to deter-mine whether-�t-the
proposed deNtelopmei-A is in eemplianee with the City's
but some or- all of the Fequir-ements may be required by the eity, en a case by ease basis,,-+f-the
eity and the applicant pursue a development apeae..4ment during the oFAional pfeliminary Feview
proeess.
/ PP11 yy
Ci'.L_ l_v»1. Yr!_.i _dynemiems.
�. de i---- furth a of promoting the town cenfe"
speeia4 exeeption, the city eemniission must find by substantial eempetent evidence tha
The proposed development eonlribu4es
promotes and encourages the imprevemeak�
aWinter Spi-ings Town GeFiter- and other development as eavi-sionmed- in the Wintef
. rT y
T'I{T•�1-]I g6 O o'o"_r'1 c e=e[Ci a c�.
1. 1 nt :ill not have an uafivv ra 1 ff� f the n ...ir.+ai yf` tlame
"\^�I13 m CJ34 V7'.1 VC Vll Ll[V VVV]FVlil� lsa C
Springs
fefth in the City's craz4ay.
U.
The--arr�r�.>.cnd�leyel�cpment abider by .,I1 t.les tlwir__eode-ether than these
S+ �ff�TGCIZTGYGZ[T�Jllli � �LI L[l.lV specially
e-Iee".,----4. S-preei-al-kmitations apply to large feetpr4A L-ildings r�., a4 thali twenty }lt�use
(20.000) square feet);� see subsection 20 324(9) fer these limilations.
d.
�.--m:r"moi-�u� y fe,94+��The proposed developuient e-4
limitations deemed
n�®eessafy i;Ytpe ..it., rddr trt_presc-� - -- i •v t tl.��
TLE. Cil �1 1ZlllLV 1A]
e e-)A ,te, e.,,.;,, ,.. frn.,,., Center District Co&
Ertl, Fespeel to eh waiver quesled7-he-- Pia✓'ifie waiver shall ply with all of
1 Is .1-
z. a
struetuiv or building and t hini�_ustify i�L ti n- the n tofe
involved. hrun the th
proposed development Doing s eiaee" 9ti,. . tl,o to „tor3+
t-easenable use of the land, building ,, st..,.et„re-
]
Z i+, n harmony .tli the .Alintent_.»
1
4. Will not be im�ufiotis or ineempatible to the loAffl eentef and any surrounding neijbghbofhood
Or p arty; and
u -e health, nfi" n.! olfnYn
f YitCIR'e t'Q'Public 51 v +r.1 ifleludiflg water, se,ver, C-wn management, poliee, fire, r
and reereation, streeumid traffic transportation, maFinayy
and nedastrian fneilitie
a. Approval may be graiited only after a minimum of two (2) disefetionary .—T-he-fH-s4
r6wialpv1, ll 1.a64tf �i�e planning and ning b.,....d at .+.1.iriL_terna f1z��riuI-nine. a,.1
board—AA4-feview the .+ .and provide to tl,�_t,�isz,.���ission advisorye•}d*4oii
City of Winter Springs
Ordinance No.2019-
Page 20 of 27
Draft: 4/24/2019
fagafdiag approval, appr-eval with n.dkio s, or-_.-isapprio.,vtri:i theSeeE)}`ld re Vie W:rrh Shall be R
,,F l he„i.:ng held liefow the :o n.1 s 11 1 held no sooner than sew_H�
ealefidar days following the plaiiiiiag and zonin-5-
b.RequestsfOF speeial eiieepti --der- this division shall inelude eaeh exhibit i-equired in!he
i
I 1, ll t be „nfease —abl,. .:tl_l e. d :f tl„s ,�.�,uestnrl S'p 1
'Fi;—�3E'Eii'r��3{vcpt 1 d3ci�-ur-invi.p c iiriii
eofflplies with the applicable erite.Ai� 0— X'-Ah in the town eenter- regalaffi, bi-,
add.-Mal ., n.d.tions ;t
deems neeess"y to fulfill geals of the maste:r plan, including rt7Rle .,ff;fn csma„•ts
l
appfey
rtl by the development feview mift6e_
the Code in whole_or in part upoia_ar`ote of :to emberswith the usef or developer of a .
1 tr
property, ra
- iGr
- ucs�crr
5_ .— Plan development authorii5ed or- saneationed by this division;
agfeern nt will be mutually aeeeptto. A partif'g—Cod@` t;.-.ns for- the eity in .deet ding
whether to pa+�]�1-H_
-Aw:,
1L1 Ti�ri]��[Q el rt est benefit to city and develop •
eonsidera ion eei .do oE. n+ affienitie n�1_it3L"d by the evelO C, eh a 4W development
agreemen! shall be adopted aad-6Q 44 0A:Mf43r-Bjaflee With the feqUj -I- 11-e HoFida
Municipal Home_Rule A„t or- F.S. § 1����ia� frrl'cr'1irg7 f2 X1243, as to ef'd-ect, .d:umfir+,z,
l.lie heafin .f nts and outer-issues.
The teffns
and
n ndib ons et +fth _ _a de 1__ff rt agreement
and any
relattld fi
_ �L iiiiAAl-SLL000�1
ridevelopineat it
) Y the city shall be bindirig on the
subjeet property fegafdless of an), ehanges to the Town Geme-f-Geeddee-Ain the event thM the Town
Center Code is amended rtf ef! rt .doyelopt eF ag-rteee ent is e.d io n „t .development
, -h
„a-f o of the dev eja_ _eH4 shall pre• T°l, }� the
de*p &pmellt ag-reemen+
3
mmAndo.d :P;e W-eat of this paragraph is to pFohibit a deyelopei.! f+ofn relying upon an
in ofdef to after-the ferms and conditims of its r tit !he expre
(b) In the town center district, decorative street signs are required along roadways as part of the
decorative street sign and light program for new development including: subdivisions,
City of Winter Springs
Ordinance No.2019-
Page 21 of 27
Draft: 4/24/2019
commercial development and areas constructed for public use. Standards for the town center
district follow the same guidelines as street signage that is upgraded in all other areas of the city.
In addition, the city requires that decorative street lights be provided for all development within
the town center district. During the development review process, it will be determined by the city
whether or not the user or developer of a property within the town center may need to enter into
a Neighborhood Street Sign Light Improvement Agreement (NSSLIA) as part of the respective
development agreement.
(e) Comprehensive #6H eonlpl' ed. i\11 developffie-M., Iff-oper-ty subjeet to these
,
Flei,ida, and all approvals and land I-prnent per-mks shall be in coinplianee-with
Sec. 20-324.- General Provisions.
The following general provisions apply to all street types.
(9) Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000)
square feet may be built within the town center district by speei l exeept eR conditional use only.
In these cases, the maximum lot width as noted in each applicable transect zone will be waived.
Such buildings must abide by all rules in this division with the following special limitations:
Sec. 20-327.1. - Signs.
Signs shall be flat against the facade, mounted projecting from the facade, or mounted above the
top of the facade. Free standing monument signs are permitted bypen.�reeptio f waiver along
State Road 434 frontage.
Sec. 20-417. - Residential wall buffers required.
Any developer or property owner proposing a commercial or multi-family development or
redevelopment adjacent to a single family zoning district or use shall construct, at the developer's
expense, an opaque wall of six (6) feet in height along the full length of the property line
between such development or redevelopment and the adjacent single family zoning district or
use. A wall shall also be required for a proposed commercial development or redevelopment
adjacent to a multi-family zoning district or use, as required above. The wall shall be constructed
of concrete block, brick or other durable material (wood not allowed) which is compatible with
the surrounding area, and acceptable to the development review committee as to compatibility,
design, and compliance with this section and the City Code. The wall requirements of this
section shall apply internally within the boundaries of town center, but only to buffer loading
City of Winter Springs
Ordinance No.2019-
Page 22 of 27
Draft: 4/24/2019
docks, service areas, and trash disposal facilities from adjacent single-family or multi-family
residential uses. If a wall is required internally within the town center, the wall requirement may
be waived or varied by the development review committee and city commission pursuant to the
' Meeptien waiver or variance criteria and procedure set forth in the Town Center District
Code. The wall requirements of this section shall also apply along the boundary of property that
also constitutes the outer perimeter of the existing area zoned town center.
Sec. 20-422. - Public, private and charter school and daycare center siting criteria.
Daycare centers and schools (hereinafter referred to as "school" in this section) present unique
planning/zoning issues and challenges for the city and surrounding land uses. Therefore, all
schools must be deemed compatible with surrounding land uses by the city before any
development permit may be issued for a new school or the expansion of existing school. In
addition to complying with any other applicable provision of the City Code including, but not
limited to, conditional use and speeial exeeptie requirements, and applicable provisions of the
city's comprehensive plan, compatibility shall be determined by satisfying all of the following
factors:
Sec. 20-436. -Authorized commercial vehicles—Limited-term parking permits.
(a) One (1) authorized commercial vehicle per dwelling unit, as defined in section 20-434 above
and not to exceed ten (10) feet in height, may be exempted from the garaging and fencing
requirements of section 20-434 until July 2, 2001, if the dwelling unit of the owner, user, or
caretaker of the authorized commercial vehicle does not have a garage or fence capable of
screening the vehicle from view as provided in section 20-434 provided that the owner, user, or
caretaker of the authorized commercial vehicle shall have first acquired from the city a limited
term parking permit which shall be clearly affixed upon the rear window or rear panel of the
authorized commercial vehicle.
(b) Following the termination of the period of the permit the commercial vehicle must comply in
all respects with section 20-434 or be removed from the residential zoned district.
(c) No authorized commercial vehicle as defined in section 20-434 may be provided a limited
term parking permit later than December 31, 1999.
(d) A permit may be transferred to a similar authorized commercial vehicle as defined in section
20-434 for the duration of any Tapplicable permit the s.,o,,W exception provided that a new permit
is acquired from the city and the original permit is returned to the city.
Section 2. Code Amendment. Chapter 9 of the City Code is hereby amended as follows
(underlined type indicates additions and strikeettt type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in
Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
City of Winter Springs
Ordinance No.2019-
Page 23 of 27
Draft: 4/24/2019
Chapter 9-LAND DEVELOPMENT
ARTICLE SIT SITE PLAN T)1~'STIE
DIVISION I. f E m— A T i V
Sees. 326 9 . Reserved.
DIVISION�' . SITE PLAN D. VTI W BOARD
341. Cre$ 8u:
There is hereby er-eated a site plan Feview begird �"br the city.
See.
342.
�+�J� _ i1i� 1VF 4i3V 414,'
See. 9 34�Qrpos si LiV[i.
The puf!pose of the site plan ivvtev.,b-oai!d is to easu+e eompliance with adopted develept
standaFds and the Code of Or-dffianees. The beaf;d shall be coffipese- _f the eity manager-,
2}moi heads consultailts
as designated by the eity maflagef. The ei I. .....ger hall serve as-ehainnan and appoint a hwwd
See. -0 _34.3. Clerieal suppoFt and eek
The eity shall provi de the site-pl-an Feview bowd -A-1- -1 ed-s, stenographers anda,ssmsta_nts as
the r.itymanager- may deem nee ess*'y L3C FV3tbl+• The eity shall irc_a see et Ly to beep
1. «.dsefyiee ...d. ml 4l.an all reports and 9mespoildenee and pe
ehc�-- --lated duties as difeete -plan review bear-d. All pefmanent reeer-ds of the
site plan. mview board shall be kept in the eusto "'Iyelefl(.
See. 9 344. Meetings;
All meetings of the site -I,-- --few boai-d shall be e-en—to ..he public and the boe&dshaIl
shall be posted an the public bulletin board at the city hall-th ee (3) days befoj
nr.l,vn r
Complete r- Ods of all proceedings el Me site plan review boe&d shall be .
13 # El�i „a i ,+;, ., site ta .,,,..
plans ,f r ;R+o.,� :,I ,•1 + ..3n a 341
ii}i+ough 9 349 tjia be �i-i ed bythe ..it.. enunei—ITe. t time by applieablee
..d.-. �.t,-.-.ti.
. o
Abe €d 1ef:
See. 9 46.—
City of Winter Springs
Ordinance No.2019-
Page 24 of 27
Draft: 4/24/2019
Except that used r- a siii& family dwelling, ne pareel of 1pdid within the eity—,ha4-be
„d
extend the appmval for a period not to exeeed six (6) meffths. 9 development has not
a�herivwd by the boafd, the approval of the site plan ----.-a!
,-.-.Iy submitted shall be esensidered
ea '.J ...] d 1 + .-ei �.iii.�...'.:�'.4,t n+.� e may take-place ..+;1 eh Pima
�l�-v�a�rr iiv cr'c'�idvjaiarcizr vi--i"'�..v:`v ..,, .x
as Ei site plan is r-esubmitted for review and approval as set fbfth in this ehaptef. No building
permit shall be issued by the city unitil plan has been finally approved by the boafd or the
building permit has been
T
the express of the board M
commission when applieable.
See. 9 347. Duties.
Any person desiring to develap of reve any pafeel of land Wid-A F ;_ this ehapter
shall firm submit to the site plan review board a site plan. T
-an shall be reviewed fe
.A-b 9 plan,
eempa
..f +r. with f1ie guidelines establish d by the n:+y eauncil ncwl„nr,lar t,..a-emefgeaey vehicle aceass an
#:..
gress, • 7 internal 5par' ,
Ltd
welfare e� the eepamur�ty; to assure eofnpa-6bility - h other impt!ovements afid the need
L3tiiGLlthe—laiid r n n .i11light,1,.. preserved and L. at the project site will is ppr. ately 1..ndr.eape.i and
1rAz vc
provided d i•f the planned project and that pr-o-visioas are unade fef the Sup FViSioll
M ai ifflt I enauee fhereef-; and to assum that 1-he and afehitectural details of the planned
prqeet are compatible with the sm--a-u-n-diffilt-I --r-ea and serve U0 a filo nl,a..acte of+i,..+ area.
The site .tel n shall 1-. reviewed by the board .•..•1. .�...oyeacl_—ra:.... ro ed properly refeffed st
"'' 1'xui-a-.�riurr'vc-rc-v-icvr I�1`= ��a
Any persoii aggrieved by a deeision of!he site plan rev.-S. ---Hr-d may appeal sueh doe
to !he eity eam Hfis*�a withiti thirty (30) days Afte-r-niotiee of n eh deeision. T 1r. .. appeal,+ e eiiy
�ishall �eview !he deeisieft of the-be-a.-4--within fourteen (14) days and appre
modify or
i�FOveSCrtd vin_irs Terd►4dJdl d of the 4-+y eriappeal shall ltiea
-
q '.-y,, 1,efne� ., e,d.�ea byInrrr
S7 a 4.`�P�`�Vlittie-m.
(a) h is unla-wRil for any per-son to violate any of the terms n,fiod _ r,s�,�zl
-CIlT7RTr.
oefiens 9 3r1. + . 9 349 or failing to comply with any ....der- issued pursumt to aay
City of Winter Springs
Ordinance No. 2019-
Page 25 of 27
Draft: 4/24/2019
(b) The-deve-lepe�r;owner or- tenant ng or sE a, r.a.....l,
thereof-, co a
an
In n:f:o 7 n •:•, :..1_�_,�_�L,. + 7egFee and �L,nll L.a �•,., 2 .. .:1+., —r n ..r8—fie �ln}:..., of
tke terms of this division lf�pr tht.penalties he .
speeifleally provided.
(e) Nethkig herein eentained shall pr-evepA the eity from institu4ing and taking sueb other- legal
a4 law or in equity as is ti-e-H-1 to time s
affy-*if} he r-uIes, eandifiefts, eovenants stipulations or-terms of!his di
See. 9-386.4. - Definitions.
For the purpose of this division, the following words and terms shall have the meaning ascribed
thereto:
Development permit. Includes any building permit, conditional use, zoning approval, subdivision
approval, rezoning, development order, conditional use- eial e*eep;n.• variance waiver, or
-r-- .... -.-_ter---- -> >
any other official action of local government having the effect of permitting the development of
land.
Sec. 9-501. - Definitions.
The following words and phrases used in this article shall have the meanings ascribed below
unless the context clearly indicates otherwise:
Development permit. Includes any building permit, zoning permit, subdivision approval,
rezoning certification, conditional use special exception, variance, waiver, or any other official
action of the city having the effect of permitting the development of land.
Section 3. Additional Town Center Code Conforming Amendments. One of the major
policy objectives of this Ordinance is to streamline the town center development land use permit
process and consolidate it with the regular land use permit process contained in the City Code.
Unlike other provisions of the City Code, the Town Center Code specifically references a special
development review committee as part of the development permit decision making process. Since
the Town Center Code was enacted, the City Commission has served as the development review
committee under said code for purposes of making land use decisions required by the Town Center
Code. In furtherance of the aforesaid objective, reference to the development review committee must
be modified (as conforming amendments) in the Town Center Code consistent with the regular land
use permit process set forth elsewhere in the City Code. Therefore, Chapter 20, Division 12. -Town
Center District Code is hereby amended as follows (underlined type indicates additions and s+"
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 20, Division 12. It is intended that the text in Chapter 20, Division 12 denoted by
City of Winter Springs
Ordinance No.2019-
Page 26 of 27
Draft: 4/24/2019
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance):
See Exhibit "A," which is hereby fully incorporated herein by this reference.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts or 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 G. Severability. If any section, subsection, sentence, clause, phrase, word, or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2019.
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
Legal Ad:
First Reading:
Second Reading:
City of Winter Springs
Ordinance No.2019-
Page 27 of 27
Exhibit"A"
ORDINANCE NO. 2019-
CONFORMING AMENDMENTS TO TOWN CENTER CODE
DIVISION 12.-TOWN CENTER DISTRICT CODE
Sec. 20-320. -Intent.
Transect Zone Descriptions
This table provides descriptions of the character of each transect zone.
T1 (Natural
Zone)
General character: Natural landscape (i.e.,wetlands)that is typically unsuitable for
`1".
development.
Building placement: Not applicable
Typical building height: Not applicable
T2(Rural Zone)
MGeneral character:Sparsely settled lands in an open or cultivated state.Typical
buildings include farmhouses and agricultural buildings.
Building placement:Variable setbacks
Frontage types: Not applicable
Typical building height: 1-and 2-story
T3(Suburban
Zone) General character:Consists of the least dense residential areas with some mixed-use.
® Home occupations and accessory dwelling units (ADU) are permitted.
Building placement: Medium to large front and side yard setbacks
Frontage types: Porches,fences, common yards
_- ' Typical building height: 1-story minimum, 3-story maximum*
8'�moi►
** See section 20-324(11)for additional details
T4(General General character: Consists of mixed-use but primarily residential urban fabric in a
Urban Zone) more compact area that is close to the core of the town center. A wide range of
building types both residential and commercial in nature are found in this zone.
Building placement: None to medium front and side yard setbacks
Frontage types: Porches,fences, common yards
Typical building height: 2-story minimum,4-story maximum*
* See section 20-324(11)for additional details
T5(Urban General character: Comprises the core of the town center and consists of a higher
Center Zone) intensity mix of uses such as retail, offices, and residential.
MBuilding placement:Shallow setbacks or none, buildings oriented close to the street
,� defining a street wall.
Frontage types: Stoops, shop-fronts, galleries
WO Typical building height: 2 minimum,to 5-story maximum*
■ m * See section 20-324(11)for additional details
L.;W 3
C/P
(Civic/Public)
General character: Used for functions of public benefit such as parks and recreation
areas, and government uses. Design standards shall be evaluated by the Community
Development Department for recommendation to the City Commission Develepme„t
`icNrNgN
•M!l�N�
(c) How to use this code.
(1) Review the policies and administration procedures spe6fisalljr applicable to the town center as
set forth inGluding those Gentained in the City's Comprehensive Plan and City Code including
the Town Center District Code Chapter 9 Land Development including fi al en ineering plans,
subdivision of land, and aesthetic review, and Chanter 20, Article 11 Administration, Division 1
Procedures• Land Use Decisions regarding special zoning permits.
(2) Identify the transect zone assigned to the subject property.
(3) Determine whether the proposed use is permitted in the applicable transect zone and is
compatible under existing conditions at the proposed location with other adjacent or nearby land
uses within the town center and any established surrounding neighborhoods.
, a
Tuscawilla Road Retail, Winter Springs Town Center
(4) Review the general provisions and other requirements which apply throughout the applicable
transect zone.
(5) Determine which street type your lot fronts on the thoroughfare standards map.
(6) Review the building elements and architectural guidelines which contain specific rules for
architectural design.
(7) Prepare plans and specifications for submittal to the city in compliance with applicable law
including, but not limited to, the City's Comprehensive Plan, City Code and Town Center District
Code.
Sec. 20-324. -General provisions.
The following general provisions apply to all street types.
(1) Corner radii and clear zones. Corner curb radii shall be between nine (9) feet and fifteen (15)
feet, with the following permitted exceptions: 1) where a curb radius must be larger in order to
meet the minimum requirements to obtain a required permit from another agency (FDOT,
Seminole County, etc.); and 2) where the fire marshal has determined that a larger curb radius
must be provided. Fairly tight turning radii shorten pedestrian crossings and inhibit reckless
drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks)to
turn corners, a twenty-five-foot radius clear zone shall be established free of all vertical
obstructions including but not limited to telephone poles, sign poles, fire hydrants, electrical
boxes, or newspaper boxes.
. 1
Property I Right-of-Way Line
1
Clear Zone
1
(2) Alleys. Alleys are required in the T4 and T5 zones of the town center to minimize curb cuts and
to provide access to parking and service areas behind buildings. Alleys are not required in the
T3 zone in cases when lot widths are greater than fifty (50) feet. In these cases, a front-loaded
garage can be utilized, provided it is setback at least twenty (20) feet behind the principle plane
of the primary building. Alley locations and dimensions are not fixed but shall be designed to
accommodate the alley's purpose. Additional curb cuts shall be added only with the permission
of the city commission rlc.•,c Gnt--review-sOmmiftee. Alleys may be incorporated into parking
lots as drive aisles and fire lanes. In general alleys are intended to accommodate services
including but not limited to parking, trash pickup, loading docks, and drive-throughs.
(3) Exceptions from build-to lines (front setbacks). Exceptions from build-to lines as noted in each
transect zone may be granted by the city commission dev-eiGpm-ei-i -f-eview-,Ger-nmittee for
avoiding trees with diameter breast height(dbh)greater than eight(8) inches.
On corner sites (within fifty (50) feet of the corner) with build-to lines set back from the property line,
building frontage may be positioned forward of the build-to line up to the property line, provided it does
not encroach upon the clear zone.
(4) Diversity of building widths. No more than three (3) detached residential buildings twenty (20)
feet or less in width are permitted within any two hundred (200)feet of frontage.
(5) Accessory structures. Accessory structures are permitted and may contain parking, accessory
dwelling units, home occupation uses, storage space, and trash receptacles. Home occupation
uses are restricted to owner plus one (1) employee, shall not include noxious or disruptive
functions, and may not disrupt parking for neighboring residents. Accessory structures shall not
be greater than six hundred twenty-five (625) square feet in footprint and shall not exceed two
(2)stories in height.
(6) Drive-throughs. Drive-through service windows are only permitted in the rear in and alley
accessed locations provided they do not substantially disrupt pedestrian activity or surrounding
uses.
I �
Drive-through
Omer Service area
� 13W9di � 8ullci
Front Side of Bulldings
P
(7) Civic sites. Civic buildings and sites contain uses of special public importance. Civic buildings
include, but are not limited to, municipal buildings, churches, libraries, schools, daycare centers,
recreation facilities, and places of assembly. Civic buildings do not include retail buildings,
residential buildings, or privately owned office buildings. In order to provide greater flexibility to
create a special architectural statement, civic buildings are not subject to build-to line
requirements or building frontage requirements. Civic sites include Central Winds Park and
Wetlands Park. The design of civic buildings and sites shall be subject to review and approval
by the city commission de- - view-cornmittee and are permitted in any transect zone
within the town center but primarily in the "civic/public"zone.
(8) Parking.
a. Parking requirements. The intent of these parking regulations is to encourage a balance
between compact pedestrian oriented development and necessary car storage. The goal is
to construct neither more nor less parking than is needed.
There shall be no minimum parking requirement in the town center. The applicant shall
provide a parking analysis justifying the proposed parking solution. The level of detail
required for the parking analysis shall be determined in consultation with the city staff DRG
early-on in the development process. In general, the parking analysis shall include a
detailed analysis and calculation of the normal and peak parking demands for a
development. The usage of standard parking generation rates is normally not acceptable
for this purpose. The best source of data is field parking counts from similar developments
in the area. Factors to consider when calculating the overall parking demand include, but
are not limited to:
• Size and usage of the development/number of units
• Availability and proximity of mass transit
• Demographics of the expected user group
• Availability and expected use of bicycle and pedestrian facilities
• Surrounding land use
(11) Maximum block size. A block is noted by this Code as an increment of land composed of an
aggregate of lots, tracts and alleys circumscribed by thoroughfares. The maximum block size
permitted by this Code is a perimeter of one thousand six hundred (1,600) feet, with no
individual block face being more than six hundred (600,) feet in length. Special exceptions may
be approved by the city commission B#S on a case-by-case basis from this provision where
circumstances including structured parking among other things are constructed in the block.
Sec. 20-325. -Transect standards.
(b) Transect zone design standards.
T3 (Suburban Zone)
(1) Description . This zone consists of the least dense residential areas, adjacent to higher density
zones within the town center that include some mixed-use. Home occupations and accessory
dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep.
Blocks may be large and the roads irregular to accommodate natural conditions. This zone is
intended to provide a transition to and incorporation with existing lower density residential areas
that are adjacent to the town center district.
Town Center District Transect Map
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CMc+A*Ak •�^\
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Town CenterDistrictCode—Transect Legend
T1(Natural Zone)
T3(Suburban Zone) 0
T4(General Urban Zone)
T5(Urban CenterZone)
CIP(Civic/Public)
(2) Dimensional requirements. Applications are subject to standard administrative provisions in
section 20-321 of this Code.
Lot Design Guidelines
Lot orientation
Lot width 30 ft. min., 100 ft. max.
Lot depth 50 ft. min., 175 ft. max.
Lot coverage (building footprint) 60% max.,or 4,000 sf. max.footprint
Principle building setbacks(from property line)
Front 10 ft. min. (from front property line)
I I _
Rear 3 ft. min. (from rear property line) 6 ft. max.
Side 0 ft. or 3 ft. min. (from side property line)
Frontage buildout" 40% minimum at setback
Accessory building setbacks
20 ft. min. + building setback
Front
(from front property line)
Rear 3 ft. min. (from rear property line)
Side 0 ft. or 3 ft. min. (from side property line)
Building height
Principle 3 stories max-1 story minimum
Accessory 2 stories maximum
Private frontages
Common yard Permitted
Porch &fence Permitted
Terrace/light court Prohibited
Forecourt Prohibited
Stoop Prohibited
Shopfront, awning& balcony Permitted
Gallery Prohibited
Arcade/colonade Permitted
" Irregularly shaped lots may vary from the frontage buildout standard upon recommendation of the
city commission Oevelepment Review ,T mitt 0).
**There shall be a one-foot minimum raised first floor height above the sidewalk for residential uses.
T5 (Urban Center Zone)
(1) Description . The T5 urban center zone comprises the core of the town center and is
synonymous with the city's urban central business district. It shall consist of a higher intensity
mix of uses that include retail, offices, and residential. T5 areas typically have fairly small blocks
with wide sidewalks, regularly-spaced tree planting, and buildings set close to the street.
Civic/Public
(1) Description . The civic/public areas are used for functions of public benefit such as parks and
recreation, conservation areas that are dedicated to the public and government uses such as
City Hall, Winter Springs High School, and the U.S. Post Office.
(2) Dimensional requirements. Design standards in all civic/public areas shall be evaluated by the
city community development department for recommendation to the city commission
d eyelopment-Feyie w m- mmittee (DRG).
• f , c ,� 3
y, � ''� • �
f
Town Center District Transect Map
EMC Pubac
TS
TS
TS
r.rTown Center
District Code • �y4
TI(Natural Zone)T3(Suburban Zone)
T4(General
• . . �i
T5(Urban CenterZone)
• -
' J
Thoroughfare .. .
(4) Town Center Street (a . .
i
Sec. 20-327. -Architectural guidelines.
(a) Building walls.
(1) General requirements. Required for all buildings except single-family houses:
An expression line shall delineate the division between the first story and the second story. A
cornice shall delineate the tops of the facades. Expression lines and cornices shall either be
moldings extending a minimum of two (2) inches, or jogs in the surface plane of the building wall
greater than two (2) inches.
Desirable
Undesirable
(2) Permitted finish materials.
• Concrete masonry units with stucco (C.B.S.)
• Reinforced concrete with stucco
• "Hardie-plank" siding
• Wood (termite resistant): Painted white, left natural (cypress and cedar preferred), or
Painted/stained with colors approved by the city commission development reviewmn-rittee.
(b) Garden walls, fences and hedges.
(1) General requirements. Fences, garden walls, or hedges are strongly encouraged and, if built,
should be constructed along all un-built rights-of-way which abut streets and alleys as shown in
the diagram below. Fences, garden walls and hedges shall be minimum twenty-five (25) percent
opaque.
4---Alley-00,
Y
LI
I �
I 'Fe e.% a
— l21�a er ' M
;Hcegns~'�n N
nava-rock 1
� fiulldfng '
Cornar
Property �
Line _+-_.< r
�.W
Di5tamce greater Front M2 f3illdln
Curb q
01,111,i01,1116 ft
—�
4 Frontage Street��
• Height:
• Front yard: Maximum height of forty-eight (48) inches. Pillars and posts may extend up
to six (6) inches more, to a height of fifty-four(54) inches.
• Side and rear yards: Maximum height of seventy-two (72) inches. Pillars and posts may
extend up to six(6) inches more, to a height of seventy-eight(78) inches.
(2) Permitted finish materials.
• Wood (termite resistant): Painted white, left natural, or painted/stained with colors approved
by the city commission devele +t revieQe.
• Concrete masonry units with stucco (C.B.S.)
• Reinforced concrete with stucco
• Wrought iron
• Brick
RETAIL STOREFRONT AREAS ONLY:
In order to provide clear views of merchandise in stores and to provide natural surveillance of
exterior street spaces, the ground-floor along the building frontage shall have transparent storefront
windows covering no less than fifty (50) percent of the wall area. Storefronts facing Main Street, parks
and squares shall remain unshuttered at night and shall utilize transparent glazing material, and shall
provide view of interior spaces lit from within. Doors or entrances with public access shall be provided at
intervals no greater than fifty (50) feet, unless otherwise approved by the city commission develepmrent
Sec. 20-327.1.-Signs.
(a) General requirements. All signs shall be subject to a discretionary aesthetic appropriateness review
in accordance with section 9-600 of the City Code by-the DR-C in order that signs are consistent and
in harmony with the Winter Springs Town Center. The BRC�Ut shall use graphics in this section as
nonbinding guidelines, but shall make a determination of appropriateness on a case by case basis.