HomeMy WebLinkAbout2004 06 14 Public Hearings 404
COMMI8_SION AGENDA
ITEM 404
Consent
Informational
Public Hearing X
Regular
June 14, 2004
Meeting
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MGR.I</ IDEPT /,
Authorization
REQUEST:
The Community Development Department- Planning Division requests the City Commission
hold a Public Hearing for aesthetic review of the Aggarwal Pension Fund addition to Venetian
Square (informally known as the "Piggly Wiggly" shopping center or Village Market Place
Shopping Center).
PURPOSE: To encourage creative, effective, and flexible architectural standards and cohesive
community development consistent with the intent and purpose of Article XI - Minimum
Community Appearance and Aesthetic Review Standards.
APPLICABLE LAW AND PUBLIC POLICY:
Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs (attached)
CHRONOLOGY:
January 26, 2004- City Commission adopted Ordinance 2003-43, establishing minimum community
appearance and aesthetic review.
CONSIDERATIONS:
Over the last 12-18 months, Aggarwal Pension Fund has been upgrading the Village Market Place
Shopping Center. A new upgraded fayade was added to the existing building which sits back from
the street. In addition the Aggarwals have been pursuing an building addition to the shopping center.
The applicant has submitted elevations illustrating each elevation ofthe building and the proposed
colors and materials, as well as a color illustrative. These accompany the applicant's request for site
plan and final engineering approval which are a separate agenda item.
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June 14,2004
PUBLIC-HEARING AGENDA ITEM 404
FINDINGS:
The proposed project is consistent and compatible with the SR 434 design specifications.
This new addition will enhance this part of the City with the addition of a new retail commercial
building. One of the largest positive impacts will be the transformation of the existing sea of asphalt
to a new retail commercial center with landscaping and a new parking configuration.
The new addition will repeat the colors utilized in the upgraded fayade. These colors are identified
on the elevations sheets. In addition new color contrasts will be utilized to provide focus. A
standing seam roof treatment in either green or blue (referred to as "Raintree" or "Tropical Surf')
will provide the whole center with a contemporary flavor.
The new building will be stucco. The applicant has indicated that concrete block will be utilized
under the stucco, up to 4'6", at the base of the buildings and columns to provide durability. A
covered walkway with columns will extend over the sidewalk to provide shaded customer space.
Signage as indicated on the illustrative drawing for each of the tenants will be individual letters,.
Although the fixtures are not illustrated, the signage would be front-lit by gooseneck lighting rather
than internally back lit channel letters.
STAFF RECOMMENDATION:
Staff has reviewed the Applicant's request for aesthetic review and has found it to be in compliance
with the intent of Ordinance 2003-43 and recommends that the City Commission approve the
request.
ATTACHMENTS:
A. Ordinance 2003-43
B. Color rendering of the proposed addition
C. Elevations of the proposed addition (with Photos of the shopping center as it exists
today) &
COMMISSION ACTION:
June 14,2004
PUBLIC, HEARING AGENDA ITEM 404
ATTACHMENT A:
ORDINANCE 2003-43
ORDINANCE NO. 2003-43
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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, MULTI-
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 ofthis 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 1 of 8
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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 adjacent 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 aU land use categories and zoning districts"; and
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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. Recitals. The foregoing recitals are true and correct and are fuUy
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):
Sec. 20-475. COllidol design lelie'" bocud.
Thcdc"\idopmcl1tIcview conunittce shall SC.I vO as the conidol desigllIeview hOa1d fOJ dCvdopmGnts
in the, New DCvc.Iopmcnt Aiea OveIlay Zonil1g Disuict ofthc S.R. 434 COllidoI and shallte.view
such dcnlopments fOI a unifjing theme accotdin~ to thc design standmds and make
rce,ommc.l1datioll(s) to the planning and zoning hOald. The. dcsi~l IC'\1icw hoard shall ICvieW mld
make. at ccomtnel1dation I cgaldillg any pIOposed do v c.Iopmcnt agreement ptl1suant to se.ction20-474
of this Cod~.
Set. 26-491. COlI'idol design leliew boald.
City of Winter Springs
Ordinance No. 2003-43
Page 2 of 8
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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.
,scenic 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 World. Universal Studios.
Kennedv Space Center and several maior cruise ship terminals.
ill 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 SVrings' 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 SlJrings.
.w The facilitator of this effort shall be the city conunission. 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
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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.
W It is recognized by the Florida Supreme Court that zoning solely for aesthetic
purposes 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.
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ill Zoning is the single most powerful legal enforcement of an overall urban concept.
but alone it does not create beauty. aesthetic order. or anlenity. The task of the city commission shall
be to preserve various elements of urban beauty and require that new and redevelopment proiects
being developed enhance existing development and the landscape ofthe community.
(g) The essential foundation of beauty in communities is harmony. The plan for achieving
beauty must grow out of special 10cal 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 PIan. The vistas and visual delight of
these should only be enhanced.
ill It is the intent and pUl:pose ofthis 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-fanlily residences.
Sec. 9-601. Approval prerequisite for permits.
W Except as provided in subparagraph (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 comh1ission before a permit is issued for any such
building. structure. or sign. which has an exterior visual impact or effect on the community.
(Q) 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
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having a nominal exterior visual impact and effect on the community. Any party or person adversely
affected by 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.
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The requirements oHhis 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.
U) Submission of application. As part of the site plan or subdivision review process.
or upon separate application created by the city manager. all applicants for development approval
subiect to the provisions of this Article shall submit to the city manager or his designee the
application and documents prescribed in Section 9-605.
ill Scheduline and notice ofhearin~. 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.
(Q) Conduct ofhearine: approval or denial. At the designated public hearing. the city
commission shall hear the 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 of the 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 ofthe proposed proiect 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
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ill The plans for the proposed proiect are in hannony with any future
development which has been formally approved by the city within the surrounding
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ill The plans for the proposed project 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:
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W Front or side elevations.
au 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. roofline. hardscape improvements. and height
or design elements.
ill The plans for the proposed proiect 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 commonly accepted architectural principles of the
local community.
ill The proposed proiect is consistent and compatible with the intent and
purpose of this Article. the Comprehensive Plan for Winter Springs. design criteria
adopted by the citv (e. g. Towne Center guidelines. SR 434 design specifications) and
other applicable federal. state or locallaws.
@ The proposed proiect 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
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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 pennit 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.
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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.
ill Elevations illustrating all sides of structures facing public streets or spaces.
W lllustration of all walls. fences. and other accessory structures and the indication of
their height and the materials of their construction.
@ Elevation of proposed exterior pennanent 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
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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 ofprior 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.
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.
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ORENZO-LUACES, City Clerk
as to legal form and sufficiency for
Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: Decemb'er 8, 2003
,Second Reading: January 26, 2004
Effective Date: See Section 7.
G:\Docs\City of Winter Springs\Ordinances\Aesthetic _Review, wpd
City of Winter Springs
Ordinance No. 2003-43
Page 8 of 8
. June 14,2004
PUBLIC HEARING AGENDA ITEM 404
ATTACHMENT B:
Color Rendering of the Proposed Addition
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PUBLIC HEARING AGENDA ITEM 404
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ATTACHMENT C:
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FINISHES AND COLORS KEYNOTES
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1 E1FS MOULDING 'CROWN STYlE' COlOR WHEEL 'SIZZUNG HAUTE'
2 E1FS MOLDING 'CROWN STYlE' COLOR WHEEL "TERRACOTTA TILE'
3 STANDING SEAM METAl ROOF COlOR WHEEL 'RAINTREE' OR "TROPICAl SURF'
4 FUTURE S1GNAGE FOR TENNANTS (INDMDUAl lETTERS UGHTING BY 'GOOSE NECK EXERIOR AXURES
5 E1FS MOULDING 'CROWN STYlE'AT TOP OF COWMNS COlOR WHEEL 'SIZZUNG HAUTE'
6 FALSE WINDOW COlOR WHEEL 'WHITE'
7 GlASS STOREFRONT (ClEAR) !
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FINISHES AND COLORS KEYNOTES
1 ElFS MOULDING 'CROWN STYLE' COlOR WHEEl 'S1ZZUNG HAUTE'
2 ElFS MOlDING 'CROWN STYlE' COlOR WHEEl 'TERRAcoTrA TILE'
3 STANDING SEAM METAL ROoF COLOR WHffi 'RAlNTREE' OR "TROPICAl. SURF'
4 FUTURE SIGNAGE FOR TENNANTS (INDMOUAL lE1TERS lIGHTING BY 'GOOSE NECK EXERIOR FlXURES
5 EIFS MOUlDING 'CROWN Smr AT TOP OF COlUMNS COlOR WHEEl 'SlZZUNG HAUTE'
8 FALSE WINDOW COLOR 11m ....rTE'
7 GlASS STOREFRONT (ClEAR)
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DA VlD C. LEE"n! - A-X.A.
140 SOUTH GRANDVlEW AVENUE. DAYTONA BEACH. FLORIDA, 32118 PHOl'iB 386/253-1785
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