HomeMy WebLinkAbout2010 04 28 Regular 602 Consideration Of Text Amendments Within The Town Center Zoning District PLANNING & ZONING BOARD
AGENDA
ITEM 602 Consent
Information
Public Hearing
Regular X
April 28, 2010
Special Meeting Mgr. /Dept. I,/
REQUEST:
The Community Development Department requests that the Planning and Zoning Board consider
certain proposed text amendments regarding the development of small, irregular- shaped lots
within the Town Center Zoning District.
SYNOPSIS:
The purpose of this agenda item is to begin discussions on possible text amendments within the
Town Center Zoning portion of Chapter 20 of the City of Winter Springs Code for the purpose of
considering modifications to the zoning requirements to accommodate small, irregular- shaped
lots of less than one (1) acre in size. The City Commission has directed that any consideration of
these text amendments be done on a holistic basis and not on a parcel by parcel basis.
CONSIDERATIONS:
APPLICABLE REGULATIONS:
Chapter 163, Florida Statutes
Chapter 166, Florida Statutes
Winter Springs Comprehensive Plan
Chapter 9, City Code
Chapter 20, City Code (Town Center District, Sections 20 -320 through 20 -327)
DISCUSSION:
Overview
Discussions relative to possible text amendments for the smaller lots in the Town Center resulted
from a request by the owners of a 0.73 acre undeveloped and treed site located within the Winter
Springs Town Center on the southeast comer of SR 434 and Central Winds Drive. During
discussion of Agenda Item 600 at the October 26, 2009 City Commission meeting, the
commissioners directed staff to work with the owners of the subject parcel on possible code
changes for the smaller lots within the Town Center. However, the Commission did not want to
address code deviations on a parcel by parcel basis but asked staff to work with the property
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Regular Item 602
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owners to bring back ideas for possible text amendments to allow the developers of smaller,
irregular- shaped lots more latitude in developing these parcels that, because of their size and
shape, could not accommodate every requirement of the Town Center Code.
The applicant on the aforementioned 0.73 acre parcel has requested that the code be relaxed for
small irregularly shaped lots within the Town Center. The applicant has stated that the Town
Center Code works well for larger parcels but makes it economically difficult to develop on
small and odd - shaped parcels. The applicant has also stated that the Town Center requirements
make the site too expensive to finance and develop in today's depressed real estate market
because the banks are providing funds based on the appraised value and not the projected
construction costs.
As part of this agenda item, staff has included an Irregular Small Parcel Analysis Study (map)
identifying the parcels that could be affected by any proposed text amendment/allowance. This
map will change if the definition of a small, irregular- shaped lot, as detailed hereinafter, is
modified.
The Town Center
The Town Center began with seven (7) days of community design sessions in 1998, with
considerable land owner, HOA, policy maker, and other community involvement.
Fundamentals from those sessions which are most pertinent to this discussion include the
following:
• Walkable /pedestrian- oriented;
• Predictability in design/flexibility in use (street layout, building type, and
placement are primary factors — uses change over time);
• Visibly different section of SR 434;
• Design for the long and near term (build - out could take 50 years or more —
better to wait for the right development that furthers the town center);
• Buildings positioned close together, fronting streets and public spaces, with
parking behind or beside buildings; and
• There is no one "deal breaker," without which the town center will fail — need
to keep the long term goal in our minds.
In May of 2001, the primary Town Center consultant, Victor Dover, made a presentation
to the City Commission, ending with a profound statement, paraphrased as follows:
There will be a number of what appear to be reasonable requests to deviate
from the town center vision and code. We always need to consider whether
or not these deviations further the town center or detract from it.
The Town Center Code is a "form- based - code." Form -based codes seek to regulate the
physical form of the built environment to create a specific type of "place. "Form based
codes may be described as an overall picture, with supporting language and specific
graphics of how each block and street is envisioned to look and evolve. This picture is
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April 28, 2010
Regular Item 602
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the vision prescribed by the stake- holders. Form -based codes specify the types of
buildings and their relationship with the public realm and the neighborhood. The form
and type of building transcends its use — so that it may be occupied by a number of
different entities over a longer period of time, with only modest alteration, in lieu of
planned obsolescence and demolition. Form -based codes are the most efficient means to
transition from a vision to the successful implementation of that vision.
Comprehensive Plan
A site plan or any development order must be consistent with the Comprehensive Plan
pursuant to state law. The most pertinent current Comprehensive Plan policies appear to
be as follows: (1) Future Land Use Element Policy 5.2.6 which contains the following
statement, "Sidewalks that are a minimum of 12' wide along in front of commercial shop
fronts and are a minimum of 6' wide in all other areas... " and (2) Future Land Use
Element Policy 5.2.7, which contains the following statement "411 development within
the UCBD shall comply with the Town Center District Code..."
Section 163.3194 of the Florida Statutes states that "after a comprehensive plan, or
element or portion thereof has been adopted in conformity with this act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such plan or element shall be consistent with such
plan or element as adopted".
Strategic Plan
The Town Center received much attention during the two (2) visioning sessions that led
to the City's Strategic Plan. Goal 3 of the Strategic Plan reads "Aggressively complete
the vision for the Town Center." The S.W.O.T. analysis (S.W.O.T. stands for
Strengths, Weaknesses, Opportunities, and Threats) identified two (2) threats to the
Town Center which are particularly germane to this discussion:
1. "Lack of understanding and knowledge about unique opportunities the town
center affords" and
2. "Not holding to the town center vision/code."
One of the strategic issues identified in the Strategic Plan was the "Focused commitment to [the]
Town Center." "Community Treasures," identified in the strategic plan included controlled
commercial growth and development, a walkable community, enforced standards, Town Center
events, and the Town Center, itself.
POTENTIAL TEXT AMENDMENTS /ALLOWANCES /SOLUTIONS:
During discussions with the applicant for the aforementioned 0.73 acre site, staff and the
applicant vetted several options for allowances on these small irregular- shaped lots. In addition,
we discussed what constitutes such a lot. The initial thoughts for consideration are as follows:
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• A small, irregular- shaped lot must be less than one (1) acre in size and of a geometric
shape that results in insufficient depth or width to accommodate appropriate tenant space
and the street appurtenances associated with the requirements of the Town Center Code.
Also included would be the small flag lots along Lake Jesup, north of Orange Avenue.
The request to "over develop" a site beyond what is "reasonable and customary" for the
subject site should not be grounds for granting any allowances that may be approved.
Aggregation, where possible, would be the method of choice in dealing with abutting lots.
This aggregation would allow for the parcel(s) to accommodate the Town Center Code
requirements.
• Shared off -site retention and parking could be utilized to create more developable
property within the confines of the small, irregularly- shaped lot. Also included would be
the use of structured parking.
• The wider (12') sidewalks would only be required in front of established storefronts and
not potential future storefronts. This allowance could result in narrower sidewalks should
the storefront area of the building expand. It will also result in longer areas of narrow
sidewalks next to "dead ", solid building facades, thereby providing for spaces not
conducive to pedestrian activity. There is also a potential conflict with Policy 5.2.6 of the
Future Land Use Element of the Comprehensive Plan.
• Allow one (1) story buildings. This allowance will be in conflict with Policy 5.2.7 of the
Future Land Use Element of the Comprehensive Plan.
• Encourage non - traditional but readily accepted methods for treating stormwater
(underground and capture /recycle), thereby allowing for more of the site to be dedicated
to vertical development.
• There have also been discussions about contraction of the Town Center Zoning District
and Land Use. These discussions have centered on possible contraction along the
"fringes" of the Town Center and have also included a discussion of the possible
exclusion of the Winter Springs High School and Central Winds Park from the Town
Center Zoning District.
FISCAL IMPACT: Fiscal impacts would be assessed on a case -by -case basis for each site
where allowances were requested. However, studies have shown that properties developed
pursuant to Traditional Neighborhood Development (TND) standards, as promoted in the Town
Center Code, generate significantly more ad valorem taxes than the same site developed pursuant
to Euclidean Zoning Codes.
COMMUNICATION EFFORTS: The Planning & Zoning Agenda has been posted on
the bulletin board outside City Hall, and faxed to the Orlando Sentinel, Seminole Herald,
and Seminole County School Board.
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April 28, 2010
Regular Item 602
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RECOMMENDATION: Staff recommends that the Planning and Zoning Board accept the
information presented in this agenda item and provide feedback relative to the suggestions
provided as well as any additional development options the Board deems appropriate for
consideration in drafting a text amendment to deal with the issue of small, irregularly- shaped
lots.
ATTACHMENTS:
A. Irregular Small Parcel Analysis Study
5
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Parcel Ownership and Jurisdiction Summary
•
Parcel riser PID Owner Jurisdiction Parcel Property Parcel Legend
Pro Appriser PP Number PertY APPriser PlD Owner Jurisdiction Number Property Appriser PlD Owner Jurisdiction 9
1 2620305ARODC0020A Jesap Shores Partnership City 21 3120315080000005A Schrimsher Land Fund 1965 U & Land Fund V U Etal City 40 31203150200000030 Pullen James City O Study Parcels
2 260305PRDD000188 Pugsley Roy B Deborah City 22 26203O6AROB0000e0 Jaeger Rodman D &Angeline G B Jaeger Donald C Comity 41 31203150200000040 Duffy Michael S City n Winter Springs City Limits •
3 262D3C6AROB000268 Paulumi Jeno F 8 City 23 2620305AROB00006A Groves Lawrence A 8 Barbara A County 42 3120315020000004A Hall Fayette L Jr & Joanne E City
4 2620:1054RD0000260 SWa Inc City 24 262030 Gates James county 43 31203150200000050 Benson Judith B Cut A County n Town Center Boundary
5 2621305AROB00026A Seminole Pines Assoc Ltd City 25 2620305AROB000080 Fahlstrom Paul C & Mary E Corny 44 3120315020000005A Hall Fayette L Jr County - e ■ Urban Central Business District
6 3E2O3050100000260 Seminole Pines Prix Ltd City 26 2620305AR08000070 Ferguson James M 8 Lorraine E County 45 31203150200000050 Duffy Michael S County
•
7 3620305020000001B Seminole Pines Assoc Ltd City 27 26203GLWRDB00007A Esteves Maria 8 Luis R City 46 31203150200000055 Hall Fayette 8 Josephine A County
8 3620305SG000O0050 Devon OrlandoMstc LLC City 26 26203054ROBC00090 Ant Mohamedraza J City 47 31203150210000070 Sage Carolyn S County
9 3620305SG00000060 Devon OrlandoN,lstc LLC City 29 26203054ROB00006A Chari Srinrras S 8 Ramani City 48 31203150210000080 Qualls Ronald C County
10 3620300SG00000030 Devon OrlardoANatc LLC City 30 26233054R08000050 Hagen Betty R City 49 31203150300000010 De Sahel M Gregory 8 Susan L County
11 2620305AROBO00230 VBBC Dev LLC City 31 31203150100000030 Neiswander H Martin 8 Patricia County 50 3120315030000001 B De Sahel M Gregory & Susan L County
12 2621305ARO800024B Seminole County School Board City 32 282030SHt4O6 0005A Hyde George T & Gretchen H County 51 3120315030000001A On Sautel M Gregory 8 Susan L County
13 26203064ROAOOOO55 City Of Winter Spnngs City 33 260305AROB000040 Meer George A It & Mary V County 52 31203150300000020 Hubder James K Jr County
14 2621305ARQO0O303C Sohnmsher Land Fund 1985 Lt & Land Fund V U Etal City 34 262130S Meer George A Iii 8 Mary V City 53 31203150300000030 Bach* Gregory 7 8 Susan J County
15 3&03050200000090 Ondick Robbie R & Ondick City 35 2620305AROB00004C Meier George A It 8 Mary V County 54 31203150300000050 Karma Muhamad S 8 Karen City
16 26203054RQO130008F Ondick Robbie R 8 Edward R City 38 2627305AROB00004A Reference Only Coldly 55 3120315030000010A Davis Michael L 8 Linda L Canty
17 01213050100000040 Griffith Edward W City 37 31203150200000010 Furr William E Jr County 56 31203150300000100 Moore Sherry Canty J !
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18 762305 L D Plante Inc County 3B 31203150200000020 Herbage Terry R City 57 312031503000012A Vardar Michael B Cynthia A County Hi n !• •���r == fi
19 26203054RM00008G L 0 Plante Inc County 39 31203151 000003A. Pullen James F City 58 31203150000000120 Soileeu Marion J Jr 8 Cheryl County Al ■M .
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20 3121315BB008B Sdm U msher Land Fund 1965 U 8 Land Fund V Etal City = \ W
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