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HomeMy WebLinkAbout2004 04 12 Public Hearings 401 CITY COMMISSION AGENDA ITEM 401 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR April 12, 2004 Meeting MGR. iZ" /Dept. Authorization P7 REQUEST: The Community Development Department presents, for aesthetic review, to the City Commission, a proposed building mounted sign for the Dollar General store at the former Badcock shopping center. PURPOSE: The purpose of this agenda item is to present proposed signage for the Dollar General at the existing [Badcock] shopping center, for aesthetic review, pursuant to the City's Aesthetic Review Standards ordinance (Ordinance No. 2003-43). The site is on the north side of SR 434, west of Sherry Drive and east of Victorio' s Pizza. CONSIDERATIONS: On January 26,2004, the City Commission adopted Ordinance No. 2003-43 (attached) to buttress its ability to ensure buildings and structures, including signage, meet or exceed minimum aesthetic review standards. The proposed non-illuminated building mounted multi-tenant identification sign meets the requirements of the sign portion of the SR 434 Redevelopment Overlay Zoning District (Section 20-486), but needs the City Commission's approval, pursuant to Ordinance No. 2003-43, before it may be permitted. The length (21.8854 feet) and height (2 feet) of the sign are consistent with the Code. Color (yellow) is one issue that the Commission may wish to critique. Further, staff is informed that the sign was erected without a permit (which will be addressed separately). RECOMMENDATION: Staff recommends the City Commission determine the aesthetic appropriateness of the proposed building mounted multi-tenant identification sign, pursuant to Ordinance No. 2003-43. 1 April 12, 2004 Public Hearing Item 401 Page 2 ATTACHMENTS: A - Ordinance No. 2003-43 B - Proposed Signage CITY COMMISSION ACTION: 2 - .~. ATTACHMENT A ORDINANCE NO. 2003-43 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING CHAPTER 9, LAND DEVELOPMENT, BY CREATING ARTICLE XI, ESTABLISHING MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW STANDARDS FOR COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, MUL TI- FAMILY, AND RESIDENTIAL SUBDIVISION LAND DEVELOPMENT PROJECTS; REPEALING SECTIONS 20- 475 AND 20-491 OF THE WINTER SPRINGS CODE REGARDING STATE ROAD 434 DESIGN REVIEW; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the unique cultural character and aesthetic beauty of the City is important to the quality oflife of the community and requires preservation, protection and enhancement; and WHEREAS, the City Commission of the City of Winter Springs, Florida, recognizes that the visual appearance of buildings and structures contributes to the cultural character and aesthetic beauty of the community; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the promotion of aesthetic beauty of buildings and structures protects and enhances property values, tourism, and other economic interests which the City Commission deems vital to the community; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the most effective and reasonable way to preserve, protect and enhance the City's cultural character and aesthetic beauty is to establish minimum community appearance and aesthetic review standards for the purpose of reviewing and approving architectural specifications of proposed new developments and redevelopment of buildings and structures in accordance with the procedures and criteria provided herein; and WHEREAS, aesthetic goals and objectives of this Ordinance are supported by the Florida Municipal Home Rule Powers Act and case law. See, e.g., Chapter 166, Florida Statutes; Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); Sunad,Inc. v. City of Sarasota, 122 So. 2d 611 (Fla. 1960); City of Lake Wales v. Lamar Advertising Ass'n of Lake land, 414 So. 2d 1030 (Fla. 1982). City of Winter Springs Ordinance No. 2003-43 Page I of 8 WHEREAS, Winter Springs' Comprehensive Plan, Future Land Use Element, Policy 1.5.1 states that "proposed land use amendments which are inconsistent with the character of the community or inconsistent with adjace:Qt future land uses shall not be approved by the City"; and WHEREAS, Winter Springs' Comprehensive Plan, Future Land Use Element, Policy 1.5.8 further states that "the City shall maintain site design requirements and subdivision regulations of the Code of Ordinances which adequately address the impacts of new development on adjacent properties in all land use categories and zoning districts"; and WHEREAS, the City Commission of the City of Winter Springs, Florida, deems that it is in the best interests ofthe public health, safety and general welfare ofthe 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. Recitals. The foregoing recitals are true and .correct and are fully incorporated herein by this reference. Section 2. Code Repeal. Sections 20-475 and 20-491 of the Code of Ordinances, for the City of Winter Springs, Florida, as set forth below, are hereby repealed as follows (strikeout type indicates deletions): See. 20-475. COIl idol design I elie)l bOcll d. The developmeutIe"tl ie~ cOllullittce shallscI ve as the cOIIidol designlevie~ board fOI dc.v dopmc.uts in the New Developm~nt Area OvcIlay Zoning District ofthG S.R. 434 Conidol and shall leviG~ such dG v elop1llcuts rol a unifying themG <l(,C.OI ding to the design stal1dM cis and make lecol111nendation(s) to the planning and zoning board. The design ICviG~ board shalllevic~ and nla:kc a I ec.ol11mendation I egar ding Cl:1'l'Y pI oposc,d dc'\1 elopm~nt agr ~ement pm suallt to scetion20-47 4 of this Code. See. 20-491. COli idOl design I el ie", bO.ll d. The dcvelopmcntIeview conl1nittce shallseIve as 111Cc.orridol design Ievicw bOMdfol developments ill the Iedevc10pmcnt Mea oveIla:y zoning distric,t of the S.R. 434 Conidor and shall Ieview such developments fOI a mlifying theme accoIding to the design standMds and make Iccommendation(s) to the planning and zoningboMd. The designIeview boatd shalllGview MldmakG al~eolTl1nc.lldation regMding Cl:1'l'Y ploposed development agreemcnt pmsuant to scetion 20-490 ofthis Code. City of Winter Springs Ordinance No. 2003-43 Page 2 of 8 Section 3. Code Amendment, Chapter 9, Land Development. The City of Winter Springs Code, Chapter 9, Land Development, is hereby amended by creating Article XI, Minimum Community Appearance and Aesthetic Review Standards, as follows (underlined type indicates additions, while asterisks (* * *) indicate a deletion from this Ordinance oftext 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): Chapter 9. Land Development *** Article XI. Minimum Community Appearance and Aesthetic Review Standards. Sec. 9-600. Statement of findings and purpose. W The City of Winter Springs has evolved into a unique family-oriented community with extraordinary cultural character and beauty. Indicative of Winter Springs' uniqueness is its reputation as primarily a residential community with beautiful mature trees. award-winning parks. pscenic lakefront vistas; and innovative development proiects such as the Tuscawilla PUD. Village Walk. Cross-Seminole TraiL and the Towne Center - within close proximity to several internationally-renowned tourist destinations including Walt Disney Wodd. Universal Studios. Kennedy Space Center and several maior cruise ship terminals. .au In recognition of Winter Springs' uniqueness, the city commission has determined that a deliberate and conscientious effort must be made by community leaders. in partnership with architects. planners. realtors~ builders. and the citizenry of Winter Springs. to protect the general welfare ofthe community by preserving and improving Winter Springs' aesthetic appearance. beauty. and character - so as to ultimately enhance the quality oflife and civic pride of all people who reside. work. vacation, or spend time in Winter Springs. W The facilitator ofthis effort shall be the city commission. whose primary purpose shall be to encourage creative. effective. and flexible architectural standards and cohesive community development consistent with the intent and purpose of this Article. @ The cultural character and beauty of Winter Springs involves. among other things. the aesthetic quality of all one sees in moving about the entire community. Consequently. the ultimate designers and developers of buildings and structures must be informed ofthe larger context in which their particular works will be viewed within the community. The task of the city City of Winter Springs Ordinance No. 2003-43 Page 3 of 8 commISSIon shall be to provide a mechanism by which proposed new development and modifications or rehabilitations of buildings and structures can be reviewed and approved. in a uniform manner. so as to be in harmony with the comprehensive architecturally related policies. obiectives and standards adopted by Winter Springs for the overall betterment of the community. DD It is recognized by the Florida Supreme Court that zoning solely for aesthetic PUTRoses is not outside the scope of the police power of municipal governments - like Winter Springs. It has also been iudicially recognized in Florida (and in other iurisdictions) that the promotion of aesthetic beauty also protects property values. tourism. and other economic interests which Winter Springs deems vital to the community. ill Zoning is the single most powerful legal enforcement of an overall urban concept. but alone it does not create beauty. aesthetic order. or amenity. The task ofthe city commission shall be to preserve various elements of urban beauty and require that new and redevelopment projects being developed enhance existing development and the landscape of the community. (g) The essential foundation of beauty in communities is harmony. The plan for achieving beauty must grow out of special local characteristics of site. development and redevelopment potential. Some local areas of natural beauty are Lake Jessup. city parks. Cross-Seminole Trail. and conservation areas designated in the city's Comprehensive Plan. The vistas and visual delight of these should only be enhanced. ill It is the intent and purpose of this Article to apply to all new commercial. industrial. institutional. multi-family. and residential subdivision development proiects and maior alterations thereto. It is not intended to apply to individual single-family residences. Sec. 9-601. Approval prerequisite for permits. ~ Except as provided in subparalP"aph (b) of this Section. all new building elevations and accessory structures. and proposed permanent signs for buildings or structures. or maior alterations thereto. shall be approved by the city commission before a permit is issued for any such building. structure. or sign. which has an exterior visual impact or effect on the community. 02} Notwithstanding paragraph (a) of this section. if the city manager determines that a building permit application is minor or insignificant. the city manager may grant the permit without submitting the application to the city commission for approval. providing the permit is consistent with the intent and purpose of this Article. For purposes of this paragraph. the phrase "minor or insignificant" shall mean a small scale renovation or modification proiect affecting a small site and City of Winter Springs Ordinance No. 2003-43 Page 4 of 8 having a nominal exterior visual impact and effect on the community. Any party or person adversely affected bv a decision made by the city manager may appeal said decision to the city commission. Sec. 9-602. Minimum standards: compliance with other Code provisions. The requirements oftms Article shall be considered minimum standards. Further. they shall be deemed supplemental of. and in addition to. all other applicable codes adopted by the city including. but not limited to. the Land Development Regulations. and all fire and building regulations. Sec. 9-603. Procedure. ~ Submission of application. As part ofthe site plan or subdivision review process. . or upon separate application created by the city manager. all applicants for development approval subject to the provisions of this Article shall submit to the city manager or his designee the application and documents prescribed in Section 9-605. DU Scheduling and notice of hearing. Upon receipt ofthe required documents. the city manager shall forthwith schedule a hearing on the application before the city commission. Said hearing shall run concurrently with the site plan or subdivision review process to the extent feasible and practicable. Public notice of the time and place of the public meeting shall be posted at places within the city deemed reasonably appropriate for providing such notice. (2l Conduct ofhearin2: approval or denial. At the designated public hearing. the city commission shall hear th~ applicant on the proposed application. and shall hear from members of the general public in accordance with the rules and procedures adopted by the city commission. During the public hearing. the applicant may be present in person or by counseL and the applicant has the right to present evidence in support ofthe application and cross examine adverse witnesses whose testimony is offered at the hearing. The city commission may approve. approve with conditions. or disapprove the application only after consideration of whether the following criteria have been satisfied: ill The plans and specifications of the proposed project indicate that the setting. landscaping. proportions. materials. colors. texture. scale. unity. balance. rhythm. contrast. and simplicity are coordinated in a harmonious manner relevant to the particular proposal. surrounding area and cultural character of the community. City of Winter Springs Ordinance No. 2003-43 Page 5 of 8 ill The plans for the proposed project are in harmony with any future development which has been formally approved by the city within the surrounding area. ill The plans for the proposed proiect are not excessively similar or dissimilar to any other building. structure or sign which is either fully constructed. permitted but not fully constructed. or included on the same permit application. and facing upon the same or intersecting street within five hundred (500) feet of the proposed site. with respect to one or more of the following features of exterior design and appearance: (A) Front or side elevations. lID Size and arrangement of elevation facing the street. . including reverse arrangement. or (Q Other significant features of design such as. but not limited to: materials. roof line. hardscape improvements. and height or design elements. @ The plans for the proposed project are in harmony with. or significantly enhance. the established character of other buildings. structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonlv accepted architectural principles of the local community. ill . The proposed proiect is consistent and compatible with the intent and pw:pose ofthis Article. the Comprehensive Plan for Winter Springs. design criteria adopted by the city (e. g. Towne Center guidelines. SR 434 design specifications) and other applicable federal. state or local laws. @ The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco. marble. termite-resistant wood. wrought iron. brick. columns and piers. porches. arches. fountains. planting areas. display windows. and other distinctive design detailing and promoting the character of the community. Sec. 9-604. Duration of approval. City of Winter Springs Ordinance No. 2003-43 Page 6 of 8 Approvals by the city commission under this Article shall be valid for a maximum of eighteen (18) months from the date the city commission renders its approval at a public meeting. If the applicant fails to obtain a building permit within the eighteen (18) month period. the city commission's approval shall expire "at the end of the period. However. once a building permit is issued. the approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. Reasonable extensions may be granted by the city commission upon good cause shown by the applicant. provided substantial changes have not occurred in the surrounding area that would make the prior approval inconsistent with the criteria set forth in Section 9-603. Sec. 9-605. Application criteria. An applicant shall submit the following application information to the city manager or his designee for consideration by the city commission: W A site plan in accordance with other provisions of the city code. .au Elevations illustrating all sides of structures facing public streets or spaces. W Illustration of all walls. fences. and other accessory structures and the indication of their height and the materials of their construction. @ Elevation of proposed exterior permanent signs. outdoor advertising or other constructed elements other than habitable space. if any. W Illustration of materials. texture. and colors to be used on all buildings. accessory structures. exterior signs. and other constructed elements. ill Such other architectural and engineering data as may be requested to clarify the application. Sec. 9-606. Buildin2 permits: enforcement. Unless otherwise provided by this Article. no building permit shall be issued until the city commission has approved the proposed building's or structure's architectural specifications and design features. pursuant to this Article. Any final plans and specifications that differ substantially. in the opinion of the city manager. from the approved application by the city commission shall be resubmitted prior to the issuance of the building permit. All approved specifications and design features shall become a binding condition of. and made a part of. the building permit(s) secured for City of Winter Springs Ordinance No. 2003-43 Page 7 of 8 the building or structure associated therewith. The building permit shall be enforced in a manner similar to all other building permits issued by the city. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent ofthe 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. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26th day of January ,2004. " ~ "---, /? .tl. .~ ,~~. J N F. BUSH, Mayor'.'. ~" as to legal form and sufficiency for Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: December 8, 2003 Second Reading: January 26, 2004 Effective Date: See Section 7. G:\DocsICity of Winter SpringslOrdinanceslAesthetic _Review, wpd City of Winter Springs Ordinance No. 2003-43 Page 8 of 8 Winter Springs, FL I I 24' L 9'-2 1/4' ..-..' Accourrt Dollar General Drawn By R. Heifner IP Rep. K Vallance Approved By Date Revised 12 Feb 2004 Project flUe DG Winter Springs R. Overlay Scale 1:32 Date Created 10 Feb 2004 04-0060r1 Pg 1 of 1 All Ideas, plans or arrange- ments Indicated in this drawing are copyrighted and owned by IrnagePoint and shall' not be re-produced, used by or disclosed to any' person, firm or corporation for any purpose whatsoever without written permission of Image Point. >1 ~ ~ > ~ . ~,.""= "~:'.:J:~~ "-;. " .., : '... .~~~::). ..l...Lj ~'c..' ~': ~ ... 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The following wind load requirements, in accordance with Section 1606, were employed in the design of the structure: Basic Wind Speed: 120 MPH (3-Second Gust Wind Speed) Building Category: I Importance Factor: 0.87 Wind Exposure: B Internal Pressure Coefficient: N/ A Design Pressure for Components & Cladding: 25.8 PSF , .J j', ".:!, t . \ ; :).1 ~. ..~1 .'