HomeMy WebLinkAbout2012 02 01 Other - Ordinance 2012-06 Related to Public Hearings 500 January 25, 2012
Dear Board Member,
The Planning Division is providing additions from the City Attorney's office to Item 500,
the re -write of the Town Center District Code, that include Ordinance 2012 -06, which
amends the Town Center Code, and changes to the How to Use This Code, and
Administration sections. These revisions were completed after the Planning Division
sent the draft Code out for your review.
If you have any questions, please feel free to contact the Planning Division at (407) 327-
5966.
ORDINANCE NO. 2012-JJ 6
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,
AMENDING THE TOWN CENTER DISTRICT CODE
REGARDING THE REGULATION AND DEVELOPMENT OF
LAND WITHIN THE WINTER SPRINGS TOWN CENTER;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE CODE; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission previously adopted the Town Center District Code on
June 12, 2000 and more recently directed that said Code be reviewed and updated; and
WHEREAS, the City's Community Development Department, with the assistance of the
City's Town Center planning consultant Dover Kohl, has performed a comprehensive review of
the Town Center District Code and have recommended numerous amendments to said Code; and
WHEREAS, the City Commission hereby finds that the proposed amendments to the
Town Center District Code are consistent with, and in furtherance of, implementing the City's
Comprehensive Plan, Future Land Use Element, Goal 2 and the related objectives and policies;
and
WHEREAS, on , the City's Land Planning Agency has reviewed
the proposed amendments to the Town Center District Code and has recommended approval of the
amendments; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
City of Winter Springs
Ordinance No. 2012 -
Page 1 of 3
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 20, Division 12 Town Center District Code is hereby amended as set forth in EXHIBIT
"A," which is attached hereto and fully incorporated herein by this reference. (underlined type
indicates additions and stpikeeutt type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Chapter 20, Division 12. It is intended that the text in
Chapter 20, Division 12 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance. Further, the pictures
and diagrams that have been denoted with an "X" through it indicate deletion from Chapter 20,
Division 12 and the pictures and diagrams noted with one asterisk ( *) beside it indicate an addition
to Chapter 20, Division 12):
Section 3. 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 of the conflict.
Section 4. 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. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO - LUACES
City Clerk
City of Winter Springs
Ordinance No. 2012 -
Page 2 of 3
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2012 -
Page 3 of 3
(c) HOW TO USE THIS CODE:
(1) Review the policies and administration procedures specifically applicable to the Town Center
including those contained in the City's Comprehensive Plan and the Town Center District Code.
(2) Identify the transect zone assigned to the subject property.
04111 Determine whether yettr-the proposed use is permitted in the cr- applicable
transect zone.
(�) (41 Review the general provisions and other requirements which apply throughout the- District
the applicable transect zone.
{3) u Determine which street type your lot fronts on the thoroughfare standards map. (If you
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. - - - !
+5} uteri Review the building elements and architectural guidelines which contain specific
rules for building3 architectural design.
(7) Prepare plans and specifications for submittal to the City in compliance with applicable law
including, but not limited to, the City's Comprehensive Plan and Town Center District Code.
SEC. 20 -321. ADMINISTRATION.
(a) INTERPRETATION OF THE STANDARDS. Interpretation of the standards in this division
shall be the responsibility of the city's development review committee (DRC). Unless otherwise
authorized by resolution of the city commission, the City Commission shall serve as the
development review committee under this division. The " - e . - - - - - • _ -" • • _ ' - _
_ • _ ! _ - _ - _ _ - _ - _- ___- _ -- - -- adopted Master
Plan (inclusive of any economic development strategies adopted by the City Commission for the
Town Center) shall serve as guidance to the development review committee with regard to the
city's intent for land development in the Town Center. The images contained in this division are
meant to demonstrate the character intended for the Town Center and shall be guide for future
development, but are for illustrative purposes only. The accompanying text and numbers are rules
that govern permitted development.
(b) REVIEW PROCESS.
(1) Applications are subject to final review and approval by the development review committee
(DRC). Prior to final review and approval by the development review committee, all new
applications, and proposed substantial amendments to previously approved applications, shall be
reviewed by the planning & zoning board for purposes of issuing an advisory recommendation to
the development review committee. The committee shall have authority, within reason and
applicable rules, for approving all aspects of site planning and exterior architecture, including
aesthetic appropriateness, verification of an acceptable economic fiscal impact, environmental
implications, traffic impacts, and any other site - specific matters not delineated herein.
(2) Optional preliminary review: Applicants may, at their option and sole cost and risk, submit
site layout and building elevation designs in schematic or sketch form to the development review
committee for a non - binding and preliminary review as an initial courtesy to the applicant
e1, These submittals are subject to a more formal application process which requires the
submission of more detailed plans and specifications and requires a more detailed fuftliep review
and final consideration of approval by the DRC. Comments and statements made by City
officials at the preliminary review are non - binding unless memorialized in a written agreement
approved by the City Commission. This non - binding and preliminary review shall not be relied
upon by the applicant as a final decision and shall not be construed in any manner as creating
any vested right or entitlement for the development of the subject property. By requesting and
participating in the optional preliminary review process, the applicant shall be deemed to have
read and agreed to this code provision and to hold the City and its officials harmless for any
future actions they may have taken based on the results of a preliminary review pursuant to this
section.
(3) Applicants shall submit the following items to the
Community Development Department for review:
a. A current up -to -date site survey
b. A current up -to -date tree survey
c. A site plan, drawn to scale, which shall indicate:
1. Building locations and orientations, and landscape areas;
2. Parking locations and number of spaces;
3. Paved surfaces, materials and location(s);
4. Site location diagram and legal description; and
5. Signage.
d. Building elevations illustrating all sides of structures facing public streets or spaces.
e. A parking analysis justifying the proposed parking solution (such as Shared Parking, by
Barton Aschman Associates, The Urban Land Institute).
f. An economic fiscal impact report, prepared by a duly qualified expert. in compliance with
the requirements set forth in the City's Comprehensive Plan and Code. if applicable.
f-g. Other reasonable supporting documents to indicate intentions and /or any other items
reasonably required by the development review committee to determine whether or not the
proposed development is in compliance with the City's Comprehensive Plan and Code.
The provisions of this subsection are not applicable to the optional preliminary review process, but
some or all of the requirements may be required by the City. on a case -by -case basis, if the City
and the applicant pursue a development agreement during the optional preliminary review
process.
(c) SPECIAL EXCEPTIONS:
(1) The City Commission may by special exception waive strict compliance with provisions of this
code in furtherance of promoting the Town Center policies adopted by the City. In granting a
special exception, the City Commission must find by substantial competent evidence that:
a. The proposed development contributes to, promotes and encourages the improvement of
the Winter Springs Town Center and catalyzes other development as envisioned in the Winter
Springs Town Center regulations.
b. The proposed development will not have an unfavorable effect on the economy of the
Winter Springs Town Center and complies with the economic fiscal impact requirements set
forth in the City's Comprehensive Plan and Code.
c. The proposed development abides by all rules in this code other than those specially
excepted. Special limitations apply to large footprint buildings (greater than twenty thousand
(20,000) square feet); see subsection 320-324(12)M for these limitations.
d. The proposed development meets any reasonable additional conditions, restrictions or
limitations deemed necessary by the city commission in order to preserve and promote the
intent of the Winter Springs Town Center Mester -Plan District Code.
e. With respect to each waiver requested, the specific waiver shall comply with all of the
following:
(i) Is a result of special conditions and circumstances which are peculiar to the land, site
plan, structure or building involved and which justify granting the waiver in the context of the
overall proposed development being successful within the Town Center.
Iii) Is the minimum waiver from the Town Center regulations necessary to make possible
the reasonable use of the land, building or structure.
(iii) Is in harmony with the general intent and purpose of the Town Center regulations.
(iv) Will not be injurious or incompatible to the Town Center and any surrounding
neighborhood or property.
fv) Will not create a public nuisance or be detrimental to the public health, safety, and
welfare relative to public services including water, sewer, surface water management, police,
fire, parks and recreation, streets and traffic patterns, public transportation, marina and
water ways, bicycle and pedestrian facilities.
(2) Procedure for Special Exceptions:
a. Approval may be granted only after a minimum of two (2) discretionary reviews. The first
review shall be before the planning & zoning board, at which time the planning & zoning
board shall review the project and provide to the city commission an advisory
recommendation regarding approval, approval with conditions, or disapproval. The second
review shall be a public hearing held before the city commission and shall be held no sooner
than seven (7) calendar days following the planning & zoning board hearing.
b. Requests for special exceptions under this division shall include each exhibit required in
the administration review process per subsection 20- 321(b). In addition, the city commission
may within reason require additional exhibits and may defer approval of the special
exception application or schedule an additional public hearing or hearings to review those
exhibits.
c. Special exceptions shall not be unreasonably withheld if the requested special exception
complies with the applicable criteria set forth in the Town Center regulations, but the city
commission shall have authority to require that the applicant satisfy any additional conditions
it deems necessary to fulfill goals of the master plan, including reasonable offsite
improvements directly related and proportionate to the specific impact of the request, or
further review(s) and approval by the development review committee.
(3) The City Commission may grant the approval of an application for special exceptions from
the Code in whole or in part upon a majority vote of its members.
(d) SITE DEVELOPMENT AGREEMENT OPTION: The City may enter into a site
development agreement with the user or developer of a property, relating to development of a
particular parcel or tract of land, and such an agreement may address such issues as impact fee
credits; a specialized or negotiated concept of design or site plan development authorized or
sanctioned by this division; infrastructure service credits or public- private participation in funding,
design or construction; or other incentives based upon strict compliance with requirements of this
ordinance. The agreement will be mutually acceptable to all parties. Considerations for the City in
deciding whether to participate in such an agreement will include compliance with the objectives
and design criteria specified in this division; demonstration of a cost benefit to city and
developer; consideration of development amenities provided by the developer. Such a site
development agreement shall be adopted and be in conformance with the requirements of the
Florida Municipal Home Rule Powers Act or Sections 163.3220 through 163.4243, Florida
Statutes, as to effect, duration, public hearing requirements and other issues.
In the Town Center District, decorative street signs are required along roadways as part of the
Decorative Street Sign and Light Program for new development including: subdivisions.
commercial development and areas constructed for public use. Standards for the Town Center
District follow the same guidelines as street signage that is upgraded in all other areas of the
City. In addition, the City requires that decorative street lights be provided for all development
within the Town Center District. During the development review process, it will be determined by
the City whether or not the user or developer of a property within the Town Center may need to
enter into a Neighborhood Street Sign Light Improvement Agreement (NSSLIA) as part of the
respective Development Agreement.
(e) COMPREHENSIVE PLAN COMPLIANCE REQUIRED: All development of property
subject to = - _ _ _ _ •_ - = these regulations shall also be subject to the
Comprehensive Plan of the City of Winter Springs, Florida, and all approvals and land
development permits shall be in compliance with the said comprehensive plan.
_ _ _ _ _ - - • ___ _ _-_ ____ -_ •