HomeMy WebLinkAbout2000 04 11 Regular Item A
ORDINANCE NO. 707
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING
AND ADOPTING THE "TOWN CENTER" DISTRICT CODE;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCORPORATION INTO
THE CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, section 163,3167( 11), Florida Statutes, encourages local governments to
. articulate a vision of the future physical appearances and qualities of its community; and
WHEREAS, pursuant to City of Winter Springs Ordinance No, 2000-10, the City
Commission of Winter Springs adopted a comprehensive plan amendment which set forth goals,
objectives, and policies for purposes of establishing a Town Center within the City of Winter Springs,
Florida ("hereinafter collectively referred as "Town Center Goal"); and
WHEREAS, Ordinance No. 2000-10 also designated certain real property "Town Center"
on the Future Land Use Map of the City of Winter Springs at which the Town Center Goal will be
implemented by the City in conjunction with private property owners and developers; and
WHEREAS, the Town Center Goal states that the City of Winter Springs seeks to create a
Town Center, based upon traditional design standards for development, that will become the
identifYing focus of the City's downtown; and
WHEREAS, the Town Center Goal also states that the City will create innovative land
development regulations to encourage a mixed use higher density/intensity neo-traditional Town
Center; and
WHEREAS, the City Commission hereby finds that it desires to create a Town Center and
seeks to do so by further implementing the Town Center Goal through the adoption of creative
innovative land development regulations and architectural design requirements as set forth in the
Town Center District Code set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs previously retained the
services of several planning consultants, consisting of Dover, Kohl & Partners, Gibbs Planning Group,
Inc., and Michael Design Associates, Inc., to study and recommend a master plan for the development
ofa Town Center within the City of Winter Springs; and
WHEREAS, the planning consultants developed a written Winter Springs' Town Center
City of Winter Springs
Ordinance No. 707
Page 1 of 4
';
Master Plan, dated March 23, 1998 ("Town Center Master Plan"); and
WHEREAS, in addition, the Gibbs Planning Group prepared a Commercial Planning Study
for the proposed Town Center, dated March 23, 1998 ("Town Center Commercial Study"); and
WHEREAS, the City Commission of the City of Winter Springs hereby adopts the findings
and conclusions contained in the Town Center Master Plan and the Town Center Commercial Study
by this reference for purposes of supporting and justifYing the Town Center District Code adopted
pursuant to this Ordinance; and
WHEREAS, the City Commission also finds that the City does not currently have a Town
Center to which the citizens of Winter Springs and Seminole County can congregate for a variety of
family and community oriented activities and recreation; and
WHEREAS, the City Commission further finds that a Town Center will create a stronger
sense of community in the City of Winter Springs and that the Town Center will serve to satisfY an
important and vital City need for creating more public places where people can congregate for
community and family oriented activities and recreation; and
WHEREAS, the City Commission hereby also finds this Ordinance and the Town Center
District Code are consistent with the Town Center Goal and the Comprehensive Plan of the City of
Winter Springs; and
WHEREAS, the City of Winter Springs Planning and Zoning Board and Land Planning
Agency have reviewed this Ordinance and have recommended that the City Commission adopt it; and
WHEREAS, after due public notice of the adoption of this Ordinance, and after numerous
public hearings on the Town Center District Code at which the City Commission considered findings
and advice of City Staff: citizens, and all interested parties submitting written and oral comments and
supporting data and analysis, and after complete deliberation, the City Commission hereby finds that
this Ordinance and the implementation of the Town Center Goal through the enactment of this
Ordinance is in the best interests of the public health, safety, morals; arid welfare of the citizens of
Winter Springs, Florida and Seminole County and that this Ordinance serves a legitimate government
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Winter Springs Town Center District Code Adopted. The City Commission of
the City ofWmter Springs, Florida hereby adopts the Town Center District Code attached hereto as
Exlubit "A" and fully incorporated herein in its entirety by this reference. The Town Center District
Code shall be codified as Article VI. Town Center District Code in Chapter 20, Zoning, of the
City of Winter Springs
Ordinance No, 707
Page 2 of 4
Winter Springs Code of Ordinances,
Section 2. Town Center Zoning Designation. The zoning designation of the real property and
parcels of land which are located within the City of Winter Springs, Florida, and within the Town
Center District boundary, as depicted on Exhibit "B," are hereby re-designated as "Town Center" on
the Winter Springs Official Zoning Map and are hereby subject to the Town Center District Code and
any future amendments or modifications thereto. Exhibit "B" is attached hereto and fully
incorporated herein by this reference,
Section 3. Repeal of Town Center Overlay Zoning District Regulations. The Town Center
Overlay Zoning Regulations adopted by the City Commission on September 8, 1997 by Ordinance
. No. 676 are hereby repealed in their entirety. The Town Center Overlay Zoning Regulations are set
out in full in Exhibit "C," and are fully incorporated herein by this reference for purposes of
identifYing the provisions which are repealed by this Ordinance.
Section 4. Conflicts. Should any conflict arise between the provisions of the Town Center
District Code and other regulations of the City of Winter Springs, the provisions of the Town Center
District Code shall apply.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Code of
Ordinance of the City of Winter Springs and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 6. Severability. Ifany 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 immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2000,
Paul P. Partyka, Mayor
ATTEST:
City of Winter Springs
Ordinance No. 707
Page 3 of 4
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading: March 8, 1999
Second Reading and Public Hearing: October 11, 1999
Third Reading: April 10, 2000
Fourth Reading and Adoption:
City of Winter Springs
Ordinance No, 707
Page 4 of 4
. .
ORDINANCE NO. 2000-10
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING AND
THE CREATION OF THE TOWN CENTER; SETTING FORTH AND
ADOPTING A COMPREHENSIVE PLAN TEXT AMENDMENT
REFERENCED AS LG-CPA-1-99 WHICH SHALL AMEND THE
COMPREHENSIVE PLAN BY ADDING GOALS, OBJECTIVES, AN
POLICIES RELATING TO THE CREATION OF THE CITY OF WINTER
SPRINGS TOWN CENTER; PROVIDING FOR THE AMENDMENT OF
THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL
PROPERTY LOCATED GENERALLY AT AND AROUND THE
INTERSECTION OF TUSKA WILLA ROAD AND STATE ROAD 434 AND
LEGALLY DESCRIBED HEREIN AS "TOWN CENTER"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE COMPREHENSIVE PLAN; AND
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENTS.
WHEREAS, section 163,3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, section 163.3167(11), Florida Statutes, encourages local governments to
articulate a vision of the future physical appearances and qualities of its community; and
WHEREAS, the City Commission of the City of Winter Springs previously retained the
services of several planning consultants, consisting of Dover, Kohl & Partners, Gibbs Planning Group,
Inc., and Michael Design Associates, Inc., to study and recommend a master plan for the development
of a Town Center within the City of Winter Springs; and
WHEREAS, the planning consultants developed a written Winter Springs' Town Center
Master Plan, dated March 23, 1998 ("Town Center Master Plan"); and
WHEREAS, in addition, the Gibbs Planning Group prepared a Commercial Planning Study
for the proposed Town Center, dated March 23, 1998 ("Town Center Commercial Study"); and
WHEREAS, the City Commission of the City of Winter Springs hereby adopts the findings
and conclusions contained in the Town Center Master Plan and the Town Center Commercial Study
by this reference for purposes of supporting and justifYing the Town Center Comprehensive Plan
goals, objectives, and policies and future land use amendments adopted pursuant to this Ordinance;
and
WHEREAS, the City Commission also finds that the City does not currently have a Town
Center to which the citizens of Winter Springs and Seminole County can congregate for a variety of
family and community oriented activities and recreation; and
WHEREAS, the City Commission further fmds that a Town Center will create a stronger
sense of community in the City of Winter Springs and that the Town Center will serve to satisfY an
important and vital City need for creating more public places where people can congregate for
community and family oriented activities and recreation; and
WHEREAS, pursuant to, and in furtherance of, section 163.3167( II), Florida Statutes, the
City Commission of the City of Winter Springs, through a collaborative planning process with
. meaningful public participation, desires to create a Town Center by adopting the comprehensive plan
policies, goals, and objectives and future land use map amendments stated herein (LG-CP A-I-99)
which are intended to create a blue print by which the City of Winter Springs and private land owners
and developers will create a Town Center; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in chapter 163, part II, Florida Statutes, on the
proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and
all interested parties submitting written and oral comments and has recommended adoption to the
City Commission; and
WHEREAS, on January 4, 2000, the City Commission of the City of Winter Springs held a
duly noticed public hearing on the proposed Comprehensive Plan amendment and considered findings
and advice of staff: citizens, and all interested parties submitting written and oral comments, and after
complete deliberation, approved the amendment for transmittal to the Florida Department of
Community Affairs; and
WHEREAS, on March 16, 2000, the Florida Department of Community Affairs issued its
Objections, Recommendations, and Comments Report ("ORC Report") to the City and made
recommendations to bring the subject Comprehensive Plan amendments in compliance with Rule 9J-
5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; and
WHEREAS, the City Commission has evaluated the ORC Report and has accepted the
recommendations contained therein by making the necessary modifications to the Comprehensive Plan
amendments originally transmitted to the Florida Department of Community Affairs in order to bring
the amendments in compliance with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part
II, Florida Statutes; and
WHEREAS, pursuant to section 9J-ll.006, Florida Administrative Code, this
Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance
for comprehensive plan amendments; and
WHEREAS, on April 24, 2000, the City Commission of the City of Winter Springs held a
City of Winter Springs
Ordinance NO.2000-) 0
Page 2 0 f 8
duly noticed public adoption hearing on the proposed amendments set forth hereunder and considered
findings and advice of staff, citizens, and all interested parties submitting written and oral comments
and supporting data and analysis, as well as the Objections, Recommendations, and Comments of the
Florida Department of Community Affairs, and after complete deliberation, approved and adopted
the proposed Comprehensive Plan amendments set forth hereunder; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests of the public health, safety, and welfare
ofthe citizens of Winter Springs, Florida and serve a legitimate governmental interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals.
herein by this reference.
The foregoing recitals are true and correct and are fully incorporated
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act, sections
163.184 and 163.187, Florida Statutes.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarifY, expand, correct, update, modifY and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan,
Section 4. Adoption of Text Amendment to Comprehensive Plan. The City of Winter
Springs' Comprehensive Plan, Future land Use Element, shall hereby be amended to include the
following Goal, Objectives, and Policies regarding the Town Center:
GOAL
The City of Winter Springs seeks to create a Town Center. based upon traditional design
standards for development. that will become the identifying focus of the City's downtown. The
primary and fundamental purpose of the Town Center shall be a place where people can reside in a
mix of single and multiple family dwellings. and also gather to shop. relax. recreate. be entertained.
attend community events. and enjoy the natural beauty of lands located in the Town Center. The
Town Center should be created through public and private investment and development.
OBJECTIVE
A} The Town Center should be located in close proximity to existing public facilities such
as the City Hall. Winter Springs High SchooL Central Winds Community Park. and
U.S, Post Office. The Town Center should be a compact area centered around the
City of Winter Springs
Ordinance No,2000-1 0
Page 3 of 8
intersection S.R, 434 and Tuskawilla Road. as depicted on the City's Future Land
Use Map,
POLICIES
D From time to time. the City Commission may revise the Future land Use Map
to designate land "Town Center" consistent with this Obiective.
2} The City should maintain a leadership position to protect the integrity of the
Town Center and promote public and private investment and growth therein.
1) From time to tinle. the City Commission may adopt appropriate transportation
maps to identifY future roads and traffic patterns related to the Town Center
that assure best routes through land while attempting to maximize
development potential and opportunities consistent with the Town Center
Goal. The final location offuture Town Center roads will be determined by
the City during the development permit procedure.
~ The City Commission may enter into a public/private partnership arrangement
with property owners or a developer to develop the Town Center.
~ To the extent financial resources are available. public money should be spent
as a catalyst to encourage private investment within the Town Center. In
coordination with private development the City may undertake capital
improvements for public infrastructure (e,g.. sewer. water. roads. parks.
stormwater) to enhance or assist private development to achieve the Town
Center Goal.
Ql To the extent financially feasible. the City should encourage private
investment in the Town Center by enacting policies to provide economic
incentives to private developers building within the Town Center. provided
such development is consistent with the Town Center Goal. To the extent
allowed by law. incentives may include. but not be limited to waiving permit
impact. and other City fees: providing impact fee credits: subsidizing loans:
reserving infrastructure capacity: improving right-of-ways: providing public
infrastructure: streamlining permit processing: providing free and pre-
approved designs.
D All proposed developments within the Town Center shall be subiect to review
by the Development Review Committee (DRC). The DRC shall have
authority. within development review criteria established by the City
Commission. to approve all aspects of site planning and exterior architecture
within Town Center. including aesthetic appropriateness. environmental
implications. traffic impacts. and any other site-specific matters related to
City of Winter Springs
Ordinance No.2000- I 0
Page 4 0 f 8
development.
OBJECTIVE
ill Promote and enhance the development ofthe Town Center by allowing a mixed-use
higher density/intensity neo-traditional urban pattern.
Policies
D Create innovative land development regulations to encourage a mixed-use
higher density/intensity neo-traditional Town Center. utilizing. to the extent
practical. the fundamentals and urban design concepts in the Town Center
Master Plan:
· Urbanity and high density.
· Walkable community.
· Predictability in design/flexibility in land uses.
· Visibly different section of State Road 434.
· Important sites for special public places.
· Preserve and connect the natural environment with a "green network"
of parks and open spaces.
· Network of connected streets and blocks,
· Special public spaces of defined character.
· Special sites for civic buildings,
2} Promote and permit a variety of places to gather. shop. relax. recreate and
enioy the natural beauty of the Town Center. Sites for public spaces will be
chosen because oftheir uniqueness or existing physical features.
J} Promote and develop a network of public green s.paces such as parks. squares.
preserves. and open s.paces that form the framework for the Town Center. and
in doing so. promote and develop connectivity of natural features for habitat.
continuity and sustainability. scenic vistas. and trail systems. Parks may
include both passive and active parks.
~ Through the enactment of creative and flexible land development regulations.
permit a variety of mixed-uses consistent. compatible. and in harmony with
the Town Center Goal. including single family residential. multiple family
residential. commercial retail and services. public services and buildings.
parks. and schools.
,2} Wetlands will be preserved as conservation preserve areas. parks. squares. and
trails. To the extent feasible. these areas shall be connected to promote the
natural drainage and ecological viability of the Town Center and to further
City of Winter Springs
Ordinance NO.2000-1 0
Page 5 of 8
uphold the City's designation as a "Tree City U.S.A." Jurisdictional wetlands
located within the Town Center shall be designated Conservation on the
Future Land Use Map and shall be subject to the Goals. Obiectives. and
Policies of the Conservation Element of the City's Comprehensive Plan.
Q} High residential density shall be permitted in the Town Center through the
adoption ofland development regulations. but such density shall not exceed
thirty-nine (39) units per acre.
]j High density and intense commercial development shall be allowed in the
Town Center through the adoption ofland development regulations. but such
density and intensity shall not exceed a floor area ratio of six (6.0) and a
building height of sixty- five (65) feet.
ID. The City shall create a minimum mix of land uses in the Town Center as
follows: a) Retail = 40% to 80%: b) Commercial Office = 0% to 20%: and
c) Residential = 10% to 50%,
C) Establish an area wide stormwater master plan for the Town Center
Policies
1) The City shall coordinate the development of an area wide stormwater master
plan for the Town Center by FY 2001-2002.
2) The City should design and approve a stormwater master plan for the Town
Center in order to free up land in the Town Center for private development.
The Plan should respond to existing runoff concerns. and improve water
quality through a system-wide approach. The Plan should also shorten the
approval process to save developers time and money. provided the
development is consistent with the Town Center goal. Retention ponds shall
be designed to enhance neighborhood edges and aesthetics and to provide
buffering when appropriate.
3) Any stormwater master plan for the Town Center shall be consistent with and
complementary to the goals. obiectives and policies found in the Stormwater
and Natural Groundwater Aquifer Recharge Sub-element ofthe Infrastructure
Element of the City's Comprehensive Plan.
Section 5. Adoption of Amendment to the Future Land Use Map, The City of Winter
Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit 1 as "Town Center." Exhibit 1 is attached hereto and fully
incorporated herein by this reference. Any real property with a conservation future land use
designation depicted on the City or County Future Land Use Map on the effective date of this
City of Winter Springs
Ordinance No.2000-1 0
Page 6 of 8
Ordinance shall maintain its "Conservation" designation.
Section 6. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting these adopted Comprehensive Plan
Amendments to the Florida Department of Community Affairs, in accordance with section
163.3187(1)(c)(4), Florida Statutes, and section 91-11, Florida Administrative Code,
Section 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
. Section 8. Severability. Ifany 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 ofthis ordinance,
Section 9. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this Ordinance, said Amendments shall be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 10. Effective Date and Legal Status of the Plan Amendments, The effective date of
the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the Administration Commission finding
the Amendments in compliance with section 163.3184, Florida Statutes. No development orders,
development permits, or land use dependent on these Amendments may be issued or commenced
before it has become effective. If a final order of noncompliance is issued by the Administration
Commission, the Amendments may nevertheless be made effective by adoption of a resolution
affirming its effective status. After and from the effective date of these Amendments, the
Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs'
Comprehensive PIan and become a part ofthat plan and the Amendments shall have the legal status
of the City of Winter Springs' Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 24 day of April, 2000.
Paul P. Partyka, Mayor
City of Winter Springs
Ordinance No,2000-1 0
Page 7 of 8
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
Transmittal Hearing: January 4,2000
Adoption Hearing: April 24, 2000
City of Winter Springs
Ordinance No.2000-l 0
Page 8 of 8
EXI-IIBIT 1
"TOWN CENTEI~"
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TO~ CENTER
A. Town Center District Boundary Map
~ District Boundary
- - County Enclaves (not in city)
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