HomeMy WebLinkAbout2004 02 09 Public Hearings 404
020904_ COMM ]ublic _ HearinlL 404_ Second _ Reading_ 2004-10
CC~MMISSION AGENDA
ITEM 404
Consent
Information
Public Hearin
Re ular
x
February 9.2004
Meeting
MGR. ~ IDept.
REQUEST: City Manager requests that the City Commission to adopt Second Reading of
Temporary Ordinance Number 2004-10 regulating demising walls and interior
partitions within Town Center buildings. This Ordinance is intended to maintain
transparency, in a manner that encourages pedestrian traffic.
PURPOSE: The purpose of this Agenda Item is for the City Commission to adopt a temporary
ordinance regulating demising walls and interior partitions within Town Center
buildings until such time that the Commission receives, reviews, and adopts
regulations resulting from its consultant's study of tenant related space
regulations.
CONSIDERATION:
On January 26, 2004 the Commission approved first Reading of Ordinance
Number 2004-10, and directed the City Manager to place the ordinance on the
February 9,2004 agenda for Second Reading and Adoption.
Some businesses at the JDC Town Center have constructed interior modifications
that place partitions and even rest rooms in close proximity to the front door.
This, especially in restaurants, can have the effect of switching the actual front of
the building from the street frontage onto the parking lot - as in a shopping center
(not a town center). One business applied a dark film over their street-front
windows, in an effort to create their business frontage onto the parking lot.
Window film can easily be removed, but plumbing and permanent partitions are
much more expensive and difficult to remedy. Interior partition walls have been
built in the middle of windows.
020904_ COMM ]ublic _ Hearing_ 404_ Second_ Readin!L2004-1 0
Page 2 of2
These actions are fully inconsistent with Town Center design concepts. However,
the cunent Town Center Code does not provide adequate regulations to officially
address these issues.
Since d.evelopment is on going, regulations are needed until such time that the
Commission is able to adopt new regulations from the consultant's report.
The City Commission has approved employment of Street Sense Retail Advisors,
a firm specializing in Town Center Development to update the Town Center Code
to provide adequate regulation of interior spaces to preserve window
transparency.
APPLICABLE COD:!!::
Section 20 - 327. Architectural guidelines.
ATTACHMENTS:
Ordinance Number 2004-10
RECOMMENDATION:
Staff recommends the City Commission approve the Second Reading of
Temporary Ordinance Number 2004-10.
CITY COMMISSION ACTION:
1/27/2004
ORDINANCE NO. 2004-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, AMENDING SECTION 20-327(d) OF THlE TOWN
CENTER DISTRICT CODE REGULA TING DEMISING
WALLS, INTERIOR PARTITIONS, AND WINDOW
TRANSPARENCY; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, NO
INCORPORATION INTO THE CODE, SEVERABILITY,
SUNSET, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article vm,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City of Winter Springs and its citizens have substantial amounts of time
and public money invested in the Winter Springs Town Center; and
WHEREAS, the success ofthe Town Center is vital to the Winter Springs Community; and
WHEREAS, the City has experienced considerable conflict within the Town Center
regarding the issue of window transparency, demising walls (tenant partition walls), and interior
partitions; and
WHEREAS, this conflict could seriously undermine the future success of, and the City's
substantial public investment in, the Town Center project; and
WHEREAS, the City has retained the professional services of two renowned town center
consultants to conduct an extensive review of the current Town Center District Code and to provide
recommendations for enhancing and clarifying said Code in order to increase the likelihood that the
Town Center project will be successful; and
WHEREAS, while this review is being conducted, it is paramount to the public's interest
that the City impose temporary regulations regarding demising walls, interior partitions, and window
transparency in order to preserve the integrity and success of the Town Center project; and
WHEREAS, based on previous conflicts on these issues, the City Commission, after being
duly advised by its consultants and staff, hereby finds that without these temporary regulations, there
is a substantial risk that the Town Center project will proceed in a direction contrary to the
fundamental principles which are required to develop a successful and vibrant town center; and
City of Winter Springs
Ordinance No. 2004-10
Page I of 5
WHEREAS, a vibrant and successful town center requires a sense of place and substantial
interaction between pedestrian consumers walking the streets and sidewalks and the business
merchants operating within the town center; and
WHEREAS, this sense of place and interaction between business merchants and consumers
will occur and be maximized only through greater window transparency; and
WHEREAS, window transparency is a fundamental principle in town center development
projects and will connect the internal space of business merchants and the outside space which
consumers traverse such as sidewalks and streets; and
WHEREAS, window transparency within the Winter Springs Town Center will help create
a sense of commercial vibrancy and excitement which a consumer expects from a successful
commercial town center environment such as Park A venue in Winter Park, Celebration and
Downtown Disney; and
WHEREAS, window transparency creates better visibility between business merchants and
consumers and this visibility should generate better sales and more income for merchants and higher
revenues for the City of Winter Springs; and
WHEREAS, window transparency is necessary to ensure that business merchants orient their
businesses to the public streets and sidewalks; and
WHEREAS, the City Commission finds that the City has a compelling government interest
to generate higher revenues from the Town Center to secure an adequate return on the citizens of
Winter Springs' investment in the Town Center; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, deems that it is
in the best interests of the public health, safety and general welfare of the citizens of Winter Springs
to adopt this ordinance.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Redtals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference as legislative findings of the City Commission of Winter
Springs.
Section 2. Code Amendment. The City of Winter Springs Code, Section 20-327(d),
IS hereby amended as follows (underlined type indicates additions and St1 ikeout type indicates
deletions):
City of Winter Springs
Ordinance No. 2004-10
Page 2 of 5
Sec. 20-327. Architectural guidelines.
(d) Opacity and facades:
ill Each floor of any building facade facing a park, square or street shall contain
transparent windows covering from fifteen (15) percent to seventy (70) percent of the
wall area.
Retail Commercial 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 development review committee.
ill No interior demising wall (tenant separation wall) or partition, structural member,
HV AC system, or electrical systems other than room lighting shall intersect or
connect to a window.
ill No interior demising wall or partition shall be constructed or installed within fifteen
(15) feet of any window so that an unobstructed view of a minimum of fifteen (15)
feet through the window from the sidewalk or street is preserved. This Subsection
(d)(3) shall only apply to nonresidential uses and to first floor windows.
if! The City Commission may grant a special exception to the requirements contained
in Subsection (d)(3) provided the special exception satisfies the special exception
criteria and procedure set forth in Section 20-321 and the following special
conditions:
a. The special exception is needed to accommodate the needs of a particular
business merchant and is the minimum exception required to meet those
needs.
b. The proposed demising wall or partition does not significantly diminish the
visibility between the internal space of the merchant business and the outside
sidewalk or street.
City of Winter Springs
Ordinance No. 2004-10
Page 3 of 5
c. The proposed demising wall or interior partition shall not be constructed or
installed closer than ten (10) feet of any window.
d. The proposed demising wall or interior partition is consistent with the intent
and purpose of Ordinance 2004-10.
ill Temporarv freestanding movable partitions. blind display cases. and backdrops used
as part of a bonafide window display may be utilized by a merchant business to
promote their merchandise and services provided said partition does not obstruct
more than fifty percent (50%) of any window area. In no event shall anv temporary
freestanding movable partition, blind display case, or backdrop be installed closer
than five (:5) feet from any window.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Conunission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. No Incorporation Into Code. This Ordinance shall not be incorporated into
the Winter Springs City Code.
Section 5. Seyerability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Em~ctive Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
Section 7. Sunset Provision. This Ordinance shall automatically expire and be repealed
one hundred twenty (120) days from the effective date of this Ordinance.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2004-10
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2004.
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
JOHN F. BUSH, Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\Docs\City of Winter Springs\Ordinances\Town_Center_Partition. wpd
City of Winter Springs
Ordinance No. 2004-10
Page 5 of 5
Date: 020904
The following Documents were distributed on
02/09/04 during Public Hearings "404" by
Manager McLemore
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
MEMORANDUM
TO:
Mayor and Commission
Ronald W. McLemore, City Manager ~
FROM:
DATE:
February 9, 2004
SUBJ:
Agend~l Item Public Hearing 404
Public Hearing Agenda Item 404 providing for temporary tenant space rules for the Town
Center is before you for adoption tonight.
Today at approximately 4:00PM we received the attached agreement from J.D.C.'s
attorney Hal Kantor. Under no circumstances should the Commission adopt this
aereement. I am shocked that after all that has been said that J.D.C. still doesn't
differentiate in their minds the fundamental difference between Main Street buildings and
other buildings within their development.
Relative to this matter, I would like to offer two alternative recommendations as follows:
1. If the Commission agrees to delay adoption of the ordinance it is imperative that
we have an agreement with J.D.C. providing that no further tenant improvements
will be permitted or constructed which provides for the installation of any walls
closer than 15- feet to the primary street front in Building "I" or any other
buildings located on Main Street during the delay period.
2. If the Commission chooses to go forward with adoption of the ordinance or
approval of an agreement, it is recommended that the ordinance and or agreement
should include the terms as set forth in the ordinance as currently written with the
following amendment.
Building's other than Building "I", and those fronting Main Street within
the currenltly approved J.D.C. Development area.
F or all commercial buildings other than Building "1" and those facing
Main Street within the currently approved lD.C. development area,
ground floor interior partitions shall occur no closer than lO-feet behind
the buildings frontage line for retail and restaurant uses, and 5-feet behind
the building frontage line for all other uses.
The advantage of this proposal is clear as follows:
1. The importance of Main Street buildings are differentiated from other
buildings. (15-foot interior wall set backs rather than 8-feet n:commended by
J.D. C.)
2. This proposal is more liberal than lD.C.'s proposal in buildings other than
Main Street building. (5-foot interior wall set back for uses other than retail
and restaurants rather than 8-feet recommended by J.D.C.)
/jp
Attachment
020904 Public Hearing item 404
.
Sent By: BROWN ,SALZMAN ,WEISS&GARGANESE; 407 425 9596;
A_. W._ _._'_VVA w..~
Feb-Q-04 3:55PM;
Page 3/4
..,....D...'-.. -...
4GREDfENT
--- TIns AGREEMENT is hereby tIlIered into abis _day of FebnMry, 2004> by 8nd
between Ihe City of W'mter SpriDp. Florida (hcn:mafter zefmred to as the '"City") and Capital
0Je= ~ LLC, a Georgia limited liability compay (bmiaaftct referred to IS tM "DcvdopC'l''').
WHEREAS. Ihe City and me Calhoun. Inc. tateted into ID Aareement dated AupsI I,
2000 and amended by that Pint ~ of Agreemea1 emaecl into betweeI\ 1bc parti.e$
4ateet July, 2001; and
WHEREAS. the Developcril*succ~.in-interesl ro JOC Calbouu, Jnc.; and
WHEREAS, the City has pezxIjna before it the IIeCOnd Iadina of an ~ which
modifies the Town Center DiarUrt Code as _fined in 8IWi IS IUlChed to the ApcemeDt; and
WHB~ the Developm' Us objected to the City'. autbori~ to modify 1he Town
Cen1t:r District Code on mollS legal grounds; IDd
WHEREAS, m caosidaaIion Of c:erWn c:ODJ:Jni1mCQCS by Ibe Developa- ad forth blRin,
the City 11M .- to dcbay the adoption on. second teatina of thI: IIDCDd.meut 10 &he Town
CaJtI:r DiJtric:t Code identified 15 Proposed Ordj~ No. 2004- 10;
NOW nmREFORE. in cousideration of the pranises thereof and other good and
valuable consideration. the receipt and sufficiel'lcy of which is hereby acknowIqed. 1he panies
IIII'Ce as follows:
!. StaaddiTI ~L The City IIJ1'CS thIl it shall DOt bring forward for
CObSidemtion 1he second readiDa oftbe amtIldmeD1 to 1he Town Center Distriet Code until and
after June 15, 2004. Aflet JUDe 1St 2004, the City m.u DDl be 1CS1rietc4 !loin brin&in8 said Code
modifications forwarded jlWridcd howcvett the City sballdc1Mr to the Detidgper tal days prior
written notice of me beariDg with raped 1be!eto. NoIhiDi ~ntJd herein sb81l be eonstrucd as
consent by 1M Developer to 1M adoptiOD oftbe proposed Code ~.
2. De\reloaer Co_.rn.-.... D\lrin& the ItIIDdstiII period, Oneroper asrees d1Id it
shall abide by the fo1lowina eondi1iom:
A.. No imaiar cIemisiai wall (tcnam sepmtioa WIll) sbaIl inIa'scct or COIU'leCt 10
a window. excepl thole previously approved.
B. Widl respect to that portion Qf Builcliaa I loea1ed 011 Main Street, 00 interior
dc:mising wall Of panitioft IbaU be ~ or iDltaJled within eipt (8) feet ()( any window
alona MaiD S1Ieel so 1h8t ID uaobsUucted view of . minimum of eiabt (B) feet through the
wiDdow from the sidewalk or __ is praervcd. This c:oadition shill only apply to n0n-
residential usa IIIId to fuSI Ooor windo," end shall only apply to chat portioa of Build.iq i
located on MaitI SbCCt.
tI09lJ99NlOlO~
Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Feb-9-04 3:55PM;
~...... ......... "Z~...~ ""0'''"\1\1.... J..LU k'~UJ;!. ~/~ n..&.l;ULrd.}\,
Page 4/4
3. THIll-ide. .f SWaddtD Period. At the end of the Stmtd!ltill Period, the
~ of tbt: parties cantBined baan shall terminate -.I \hit Asrecmcm ahal1 be in DO
Nrther force 8DlI effect.
WHEREAS. ~~ hereto have entered to this Agreement aD the day and year
hereinabove set forth.
WITNESSES:
crrv Of \\'INTER SPRINGS, it Florida
munic;ipaJ wrporation
_-.lame:' .,J..~.....
"I..::.r:.",,; ': . . , " '.,;.; ;'.~ .~~ ;~:'...,., '. '. .... ..' ,.'
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._.,'i..-";'';:._'a'.::,' .~... '''_'', ....... ...:..__ ,";". .....~
Prlnt'Niine:
A'ITEST:
. .." :'1 1 ~ :'::'...:....-:..:.~i~,~'7--...,
WITNESSES:
Print Name:
CAPrrAL GREIN It LLC, a Georgia limited
liability company
By: I:DS PROPER11ES, INC., its manager
By:
Name:
Title::
Print N~....--..~--~ ,.----
ATfEST:
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OG999lIIIDLOlIIllJ\1ZfXlOI\I
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CITY OF WINTER SPRiNGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W, McLemore
City Manager
MEMORANDUM
TO:
Mayor and Commission
FROM:
Ronald W. McLemore, City Manager ~
DATE:
February 9, 2004
SUBJ:
Clarification of Incorrect Issues
Three comments have been asserted about the Town Center that are incorrect as follows:
1. The Town Center Code and staff have required the developer and tenants to adhere to
the transparency rules in the rear of Town Center buildings making it impossible for
tenants to orient their business to the street.
This is absolutely incorrect. The transparency rules in the code are clearly and
purposely written to regulate store fronts facing the. primary space or primary street.
See Section 20-325 and 20-327. The Developer chose to improve the rear of the
buildings at his own discretion.
Tenants chose to move bathrooms, supply rooms, employee break rooms, janitorial
rooms, etc., and their related walls to the front of the buildings because they preferred
to orient their business to the parking lot, not because staff was forcing them. To the
contrary, the staff has been vigorously fighting this for two years.
2. The Mayor and Commission have not been given plans of Market Square for
approval.
Again this is incorrect.
Regular Agenda Item "A" of the August 8, 2002 Commission meeting presented
detail drawings of the project for Commission approval.
Consent Agenda Item "c" of the January 27, 2003 Commission meeting requested
authorization to employ the contractor to construct the project. Sentence "3"
paragraph '3" under the Considerations section states:
'"
"The detailed plans are available for review in the City Clerks Office."
These are the same plans you approved on August 12,2002.
3. The Mayor and Commission have not approved the revised {'lans for the amphitheatre
and Blumberg Boulevard.
Correct. Even though the revised plans have not been formally shown I have shown them
to several of you who have come by City Hall.
Why have they not been formally shown? These plans were revised 1ree of charge by
Bill Starmer to reflect what we learned in Reston
We were waiting for two events to present the revised plan to the Commission as follows:
1. The long awaited workshop on the Town Center in which we plwmed to discuss
what we learned at the Reston conference. That workshop took place after much
delay, February 4, 2004.
2. We needed to get State approval of the concept of building structures in the State
right of way. The State approved the concept just this past week.
Although the revised plans were presented at the workshop we need to bring the plans to
the next Commission meeting for formal approval. At that time we will have cost
estimates and funding information available.
/jp
020904 Clarification of Incorrect Issues