HomeMy WebLinkAboutOrdinance 2014-10 Greeneway Interchange District Re-Write ORDINANCE NO. 2014-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; ADOPTING NEW COMPREHENSIVE
GREENEWAY INTERCHANGE ZONING DISTRICT
REGULATIONS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS INCLUDING THE PROVISIONS SET
FORTH IN EXHIBIT "A" ATTACHED HERETO,
INCORPORATION INTO THE CODE, SEVERABILITY,
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 established, in 1999, the Greeneway
Interchange District pursuant to Ordinance No. 725; and
WHEREAS,since the adoption of Ordinance No. 725,the City Commission amended the
City's Comprehensive Plan to re-designate the Greenway Interchange District a land use category
intended to attract target industries which provide high quality and higher income jobs and
intended to increase, diversify and enhance the City's tax base; and
WHEREAS,the City Commission recognizes that the City is predominantly a bed room
community and that the Greeneway Interchange District, in its current undeveloped state, offers
one of the last few opportunities for the City to diversify its tax base through the development of
high quality corporate business/office park development; and
WHEREAS, the Greeneway Interchange District is also intended to ensure high quality
building and development that enhances the image and economic well-being of the City; and
WHEREAS,as a result of the amendments to the City's Comprehehnsive Plan,the current
Greenway Interchange District land development regulations are inconsistent with said
Comprehensive Plan; and
WHEREAS, under the Florida Community Planning Act, this inconsistency necessitates
that the City amend the Greeneway Interchange District land development regulations in their
entirety in order to make the land development regulations consistent with the Comprehensive
Plan; and
WHEREAS, on May 7, 2014, the City's Land Planning Agency has reviewed the
proposed amendments to the Greenway Interchange District regulations recommended by City
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Ordinance No. 2014-10
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staff and has recommend approval; and
WHEREAS, the City Commission hereby finds that this Ordinance furthers the City's
legitimate government purpose of enhancing and expanding economic activity within the City and
is in furtherance of the City's police and zoning powers and section 166.021(9)(a),Florida Statutes
related to economic development; and
WHEREAS,the City Commission also hereby finds that this Ordinance is consistent with
the City's Comprehensive Plan, particularly Future Land Use Element, Goal 3 and related
objectives and policies; 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.
Section 2. Repeal of Current Greeneway Interchange Zoning District. The
current Greeneway Interchange Zoning District (§§ 20-328 through 20-341 et. seq.) attached
hereto as EXHIBIT "A" is hereby repealed in its entirety.
Section 3. Code Amendment to Establish a New Greenway Interchange Zoning
District. A new Chapter 20, Division 13, Greeneway Interchange Zoning District is hereby
adopted as follows:
DIVISION 13. GREENWAY INTERCHANGE ZONING DISTRICT
Sec. 20-328. Purpose.
In general, the purpose of the Greeneway Intechange Zoning District ("district") is to
implement the specific City Comprehensive Plan provisions related to the district. More
specifically, the district is intended to be predominantly a high quality corporate business/office
park development that is master planned. It is intended to serve as a unique and very important
economic catalyst for the City that attracts target industries with high quality and higher income
jobs that promote economic growth and development within the City. High quality building and
development that enhances the image and economic well-being of the City is expected in the
district. Residential and incidental commercial uses may be permitted under certain conditions in
support of existing or concurrently developed target industries located within the district.
However, residential and incidental commercials uses are not a priority nor shall they be allowed
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as stand-alone uses. The district is intended to be oriented at and near S.R. 417 and S.R. 434 so the
district is easily accessible from major transportation corridors.
Sec. 20-329. General uses and intensities.
(a) General Uses. The district is intended to be a master planned area that is developed
in phases approved by the City. Land uses within the district shall be limited to target industry
uses that create significant high average wage employment opportunities including corporate
business parks, office complexes, technical and research services, financial information services,
life sciences, digital media, international trade, sports associated industries, hotels and lodging,
conference centers and long stay tourism. Incidental commercial uses supportive of target
industries may be incorporated into target industry buildings provided the incidental uses are
approved by the City and are not developed as a separate facility. Multi-family residential uses
may be approved as a conditional use,provided that the proposed use satisfies the conditional use
criteria set forth in the City Code and the residential use shall not exceed twenty-five percent
(25%) of the total floor area of a proposed multiple use building in any approved phase of the
district master plan.
(b) Development Intensities. The following building intensity limits shall apply:
(1) Floor Area Ratio (FAR) shall not exceed 1.0. However, the city commission may
permit a FAR greater than 1.0, but not exceeding 2.0, for projects that create compact mixed use
development through one or more of the following principles consistent with the City's land
development policies set forth in the Comprehensive Plan and Code:
(i) Implementation of environmentally sensitive site planning concepts and techniques.
(ii) Utilize traditional design standards to create compact, multimodal mixed-use
(including horizontal and vertical integration of uses) and neo-traditional urban development.
(iii) Green building design including energy efficient buildings as determined by any
nationally recognized and adopted standard.
(iv) Incorporation of low impact development (LID) practices such as shared parking
concepts, green roofs and use of stormwater for irrigation and/or other grey water type uses, and
rain gardens.
(v) Energy efficient land use which minimizes impervious services, such as inclusion of
one or more parking garages.
(vi) Restoration or enhancement of degraded wetlands, native ecosystems, or
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preservation of extra upland buffers around critical habitat.
(vii) Implementation of water wise practices including sustainable site design through
natural landscaping with Florida native plants.
In addition, the city commission may approve a FAR above 1.0 for a project that the city
commission determines,by development agreement,has a projected significant positive economic
impact that will optimize and diversify the City's economic tax base consistent with the intent and
purpose of this division.
Any increase in the FAR approved by the city commission above 1.0 shall have a
reasonable nexus to an enhanced environmental or economic benefit to the City and the increase
shall be roughly proportional to the enhanced economic and environmental benefit that the project
has on the City.
(2) Multi-family residential uses may be allowed by conditional use permit approved by
the city commission up to a maximum density of twenty-one (21) units per acre, provided the
residential use shall not occupy more than twenty-five percent (25%) of the total floor area
(parking garages are excluded from the calculation) of a proposed multiple use building in any
approved phase of the district master plan. Specific density shall be determined based on the
conditional use criteria stated in the Code and whether the development satisfies the economic and
fiscal impact requirements of this division and is consistent with the intent and purpose of this
division.
Sec. 20-330. Permitted uses, conditional uses, incidental uses within buildings.
(a) The following target industry uses shall be permitted provided they are consistent with
requirements of this division:
Aeronautics and Aerospace Research and Development Facilities
Alcoholic beverage sales for on-premises consumption
Alternative Energy Research and Development
Architectural, Engineering, Legal, and Planning Services
Biotechnical Research and Development
Business Schools and Computer Management Training
Computer and Electronic Product Research and Development
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Computer Systems Design and Related Services
Computer Animation and Simulation
Hotels and Convention Center
Corporate Office/Business Park Development
Data Centers and Data Warehousing
Diagnostic Laboratories
Electronic Equipment Sales and Service
Environmental Services
Financial Information Services (excluding branch banking services)
Fuel Cell Research and Development
Hydraulics and Robotic Research and Development
Information Technology Companies
Medical Laboratories
Medical Supplies and Rentals
Nanotech Research and Development
Pharmaceutical and Medical Research Development
Scientific Research and Development
Software Development and Programming
Sports Associated Industries such as Athletic Research and Development Institutes and
Major Professional and Amateur Sports Corporate Offices
Specialized Computer Oriented Design Services
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Telecommunications and Video Communications Research and Development
Trade Schools and Universities Supporting Target Industries
(b) The following conditional uses may be permitted in the district upon approval of the
city commission provided they are consistent with the requirements of this division:
Multi-Family Residential Uses subject to the additional conditions set forth in this division.
Other target industries not listed as a permitted use that would have a projected significant
positive economic and fiscal impact that will optimize and diversify the City's economic tax base
consistent with the intent and purpose of this division.
(c) The following uses incidental to permitted target industry uses authorized by this
division shall be permitted provided the incidental use is completely incorporated into a building
occupied by a target industry use and the incidental use is not in a stand-alone building:
Bicycle Sales and Service
Bookstores and Newsstands
Civic Uses
Computers,Hardware, Software Sales and Services
Convenience Store without fuel pumps
Daycare Nurseries
Dry Cleaners
Pharmacy
Financial Institutions
Florist
Medical Clinics
Performing Arts Center and Cinemas
Physical Fitness and Health Clubs
Restaurant or Deli Shop including Associated Sidewalk Café
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Other Incidental Uses approved by the City that are consistent with the intent and purposes of this
division and deemed compatible and in harmony with the target industry located within the same
building as the incidental use.
(d) Accessory uses customarily incidental to the above permitted and approved conditional uses
shall be allowed provided they are consistent with the intent and purpose of this division and
deemed compatible and in harmony with the allowed permitted or conditional use.
(e) Uses not specifically listed within this division shall be deemed prohibited.
Sec. 20-331. Building height.
All buildings shall be a minimum two (2) stories in height of occupiable space (as defined
by the Florida Building Code, Chapter 2). However, ancillary buildings may be excluded from
the two story minimum by development agreement approved by the City Commission, provided
the ancillary building is consistent with the intent and purpose of the district. The city
commission, by conditional use permit, may approve a principal building that is less than two
stories in height.
Sec. 20-332. Setbacks.
Unless otherwise expressly required by the City's Comprehensive Plan, this division or
other applicable law, there shall be no minimum setbacks in the district. However, the location,
size, dimensions and design of yards, buildings, structures, and other infrastructure and facilities
shall be determined as part of the master plan process and by development agreement. Setbacks
shall generally be determined based on factors such as intensity and design of the proposed use,
public pedestrian and vehicular safety, environmental concerns, compatibility of surrounding and
on-site uses and facilities, and connectivity of proposed development phases within the district.
Sec. 20-333. Parking and driveway requirements.
The parking and driveway requirements for the Town Center set forth in Section 20-324(8)
shall apply in the district.
Sec. 20-334. Utility lines, pipes, conduit and infrastructure.
(a) All new and relocated utility infrastructure shall be constructed and installed
underground to the maximum extent feasible and possible consistent with law and industry
standards. All new or relocated utility lines, pipes, conduit and similar infrastructure within the
district shall be constructed and installed beneath the surface of the ground unless the City
determines that soil, topographical, or any other compelling site condition makes undergrounding
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unreasonable and impracticable.
(b) Incidental utility appurtenances including transformer boxes, switch boxes, and
pedestal mounted boxes shall not be required to be constructed and installed underground.
However, such appurtenances shall be constructed and installed at locations approved by the City
with maximum consideration given to visual screening,buffering,and other aesthetic and practical
on and off-site visual and safety considerations. Such appurtenances shall be set back a minimum
of fifteen (15) feet from any right-of-way. Visual screening techniques shall include landscape
materials and masonry constructions.
(c) Easements shall be required for the construction and installation of all utility
infrastructure unless the utility determines that an easement is not needed to secure permission to
use the property on which the infrastructure is installed.
Sec. 20-335. Interconnectivity of multiple parcels.
In order to effectuate the master planning of the district involving multiple development
parcels of land, property owners shall be required to provide internal connection between their
respective parcels for rights-of-way, access and shared parking purposes unless the City
determines that internal connection is not practicable or feasible based on parcel constraints or
undue hardship. Upon approval of the City, interconnectivity may be achieved by conveying
public rights-of-way and cross access easements to the City or easements and perpetual real
property covenants between connecting parcel owners.
Sec. 20-336. Development Agreement; Icon Monument Sign.
(a) Due to the unique nature of the district and the master plan requirements,development
phases and projects approved under this division shall be subject to a written development
agreement unless the City Commission waives the requirement for good cause shown. The
agreement may address such issues as impact fee credits; economic development incentives; 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 and terms allowed by law. All development agreements
approved under this section shall be adopted and be in conformance with the requirements of the
Florida Municipal Home Rule Powers Act, or F.S. §§ 163.3220 through 163.4243, as to effect,
duration, public hearing requirements and other issues.
The terms and conditions set forth in a development agreement and any related final engineering
plans approved by the city commission shall be binding on the subject property regardless of any
changes to this division. In the event that this division is amended after a development agreement
is approved to permit development that is inconsistent and in conflict with a previously approved
development agreement, the terms and conditions of the development agreement shall prevail,
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unless the development agreement is amended. The intent of this paragraph is to prohibit a
developer from relying upon an amendment to this division enacted subsequent to approval of its
development project or phase in order to alter the terms and conditions of its project or phase
without the express written consent of the city commission. Further, the city commission may
waive the technical and design standards required by this division by development agreement.
(b) The City contemplates that the district will have one large "Icon Monument Sign"to
be located generally located along the western boundary of S.R. 417 and clearly visible by north
and south bound vehicular traffic using S.R. 417. The intent and purpose of the Icon Monument
Sign is to showcase and identify the district and its target industries as a unique and very important
business commerce area of the City. At the City's discretion, such sign may be constructed,
installed, and maintained by the City or negotiated with a developer and/or property owner
pursuant to the terms and conditions of a development agreement. The Icon Monument Sign shall
meet general applicable sign standards adopted by the City,permit electronic digital displays, and
may also permit, within the monument, the storage and concealment of telecommunication and
other utility equipment for the benefit of the district and City.
Sec. 20-337. Master development plan.
The district is intended to be planned and developed as a unified whole over a period of
years. The various parcels of land within the district are also required to be interconnected to
provide continuity and compatibility among the various land uses and to create a compact and
walkable workplace. In furtherance of this intent and requirement,the district shall be developed
in accordance with a master plan approved by the City consistent with the City's Comprehensive
Plan and Code. The master plan shall serve as the fundamental and underlying guide for future
phased development of the district. Each phase shall be consistent with the master plan approved
by the City. In the event a proposed phase necessitates a modification to the master plan, the
developer proposing the phase shall be required to demonstrate the need and benefit of the
proposed modification to the master plan in conjunction with the proposed phase. All phases
shall be consistent with the master plan and the intent and purpose of this division. Modifications
to the master plan shall not cause any conflict with or adversely affect any existing or permitted
phase.
Sec. 20-338. Optional Preliminary Review.
Developers may, at their option and sole cost and risk, submit site layout and building
elevation designs in schematic or sketch form to the City for a non-binding and preliminary review
as an initial courtesy to the developer. These submittals are subject to a more formal application
process (including, but not limited to, approval of final concept plans and preliminary and final
engineering)which requires the submission of more detailed plans and specifications and requires
a more detailed review and final consideration of approval by the city commission by development
agreement. Comments and statements made by city officials at the optional preliminary review are
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Ordinance No. 2014-10
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non-binding unless memorialized in a written agreement approved by the city commission. City
staff and the applicant shall only seek feedback from the commission and city staff shall not make
a final recommendation regarding the proposed project or phase at this time,unless the application
is accompanied by a written development agreement being proposed by city staff for the
commission's approval. In which case, the city staff shall make a recommendation regarding the
application and proposed agreement. This non-binding and preliminary review shall not be relied
upon by the developer or property owner 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 developer and property
owner 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.
Sec. 20-339. Economic and Fiscal Impact requirements.
(a) All development proposals within the district shall be subject to an economic and
fiscal impact review pursuant to Policies 3.5.3 and 3.5.4 of the City's Comprehensive Plan.
(b) The developer shall be required to submit an economic and fiscal impact report to the
City as a condition of approval of any proposed phase or project. The report shall be prepared by
a duly qualified expert and supported by data and analysis or the developer may choose to submit
an application to use the City's economic and fiscal impact model pursuant to subparagraph(d) of
this section. In either case, the report shall detail the associated economic and fiscal impacts of
any proposed phase or project on the City and the School District and shall be used to determine
compliance with the criteria set forth in subsection (c). While the report may address regional
economic and fiscal impacts, if any, the report must predominantly address the economic and
fiscal impacts on the City as its own economic system. The report must address the impacts of the
prosed project or phase on jobs, economic output, and wages. The fiscal impact analysis must
address the net fiscal impact of the proposed phase or project on the City over a period of years.
Net fiscal impact shall be calculated as the sum of those revenues(such as ad valorem taxes,public
service taxes, sales taxes, and charges for service) directly received by the City minus the sum of
expenditures incurred by the City (such as general government expenses, law enforcement,roads,
and parks and recreation).
(c) No development order shall be issued for any proposed phase or project until such
time the city commission determines, based on competent and substantial evidence, that the
proposed phase or project satisfies the following criteria:
(1) The proposed land use and intensity (or density) is permitted under this division;
(2) Market demand for the proposed phase is minimally feasible based on market data;
and
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4
(3) The proposed phase or project optimally increases and diversifies the City's tax base
and economic well-being.
For purposes of this section, the term "optimally increases" shall mean that the economic
and fiscal impact of the proposed phase or project is the best result obtainable for the City under
current economic and land use conditions. For purposes of evaluating the best result under current
land use conditions, the report shall be prepared in the context of whether the proposed
development phase or project is consistent with existing or proposed uses in the district,the intent
and purpose of the district, and compatible with surrounding land uses. Additionally, the term
"diversifies" means the extent that the proposed development phase or project reduces the City's
reliance upon a residential tax base to fund the City's fiscal budget.
In furtherance of evaluating compliance with the criteria set forth in this section,the report
shall analyze and compare the proposed development phase or project to either the City's preferred
development phase or project for the subject property as may be expressly stated in the master plan
or applicable economic development study conducted by the City for the district, or if the City
does not have a preferred development phase or project or applicable study,the proposed phase or
project shall be compared with a reasonable array of other potential alternative compatible projects
authorized by this division.
(d) In lieu of submitting a report by a duly qualified expert,the developer may submit an
application to use the City's adopted economic and fiscal impact model for Town Center and
Greeneway Interchange projects. The application shall be submitted with the applicable
application fee and on a form prepared by the community development department. Along with
the application, the developer shall be required to also submit all of the necessary input data and
variables which are deemed necessary for the City to prepare one or more versions of a report
generated from the model for the proposed development project or phase. Notwithstanding any
report generated pursuant to this subsection,the developer may also submit an economic and fiscal
impact report from a duly qualified expert if the developer desires to contest the findings and
conclusions reached from the City's model.
Sec. 20-340. Comprehensive Plan and Code Compliance Required.
All development of property subject to this division shall also be subject to the
Comprehensive Plan and other applicable Code provisions of the City of Winter Springs, Florida,
and all approvals and land development permits shall be in compliance therewith.
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 of the conflict.
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Ordinance No. 2014-10
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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. 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 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 the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ol$ day of Sw , 2014.
CHARLES LA E ', ,
ATTEST:
�'
ANDREA L I RENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR A. ITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Legal Ad Published: April 24, 2014
First Reading: June 23, 2014
Second Legal Ad Published: July 17, 2014
Effective Date: July 28, 2014
City of Winter Springs
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Winter Springs, Florida. Code of Ordinances » PART II - CODE OF ORDINANCES» Chapter 20-
ZONING» ARTICLE III. - ESTABLISHMENT OF DISTRICTS » DIVISION 13. GREENEWAY
INTERCHANGE ZONING DISTRICT »
DIV ION 13.GREENEWAY INTERCHANGE ZONING DISTRICT
Sec. 21 28. Purpose.
Sec. 20-3 •. General uses and intensities.
Sec. 20-330. -ermitted uses,conditional uses, accessory uses and structures,.prohibited uses.
Sec. 20-331. B 'din height.
Sec. 20-332. Setb ks.
c.20-333. Land c. 'erage.
Sec. 20-334. Off-street . rking and driveway requirements.
Sec. 20-335. Landscaping.
Sec. 20-336. Buffers and wa .
Sec. 20-337. Reserved.
Sec. 20-338. Utility lines.
Sec.20-339.Cross-access easernen
Sec. 20-340. Buildin• and screenin. de .n •uidelines.
Sec. 20-341. Developer's agreement.
Secs. 20-342-20-344. Reserved.
Sec. 20-328. Purpose.
The GreeneWay Interchange District i• designed as a mixed-use category which combines a
strategy to attract higher density residential an. commercial enterprises oriented toward a major
transportation nexus of an expressway and arteri. road and minimize urban sprawl. This district is
specifically designed to:
(1) Provide high density residential develop -nt in close proximity to economic centers
for employees.
(2) Discourage urban sprawl by clustering econo •ic development activities along growth
corridors.
(3) Promote business development in close proximity • the regional road network
providing high visibility and convenient access.
(4) Ensure sufficient availability of land to realize the econ• is development needs of the
city.
(5) Provide for choice and diversity in living arrangements and ' ork environments.
(Ord. No. 725. 8-23-99)
Sec. 20-329. General uses and intensities.
(a) The GreeneWay Interchange Development District is designed to provide a va 'ety of land
uses, development intensities, and target industry development. The uses are:
(1) Planned commercial developments, corporate business parks, office comple -s,
commercial, service and hotel uses.
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(2) Planned medium to high-density residential developments.
(3) Planned mixed-use developments.
(b) Development intensities: The city shall apply the following development intensities. The
criteria for establishing appropriate intensities include, but are not limited to, compatibility
with surrounding existing and planned uses, adequacy of existing and programmed city
services and facilities, economic development objectives, and consistency with the city's
omprehensive plan and site characteristics.
Residen al uses:
MeN m density: 5-10 dwelling units per net acre
High d sity: 1 1-20 Dwelling Units per net acre
Non-residential ses:
1.0 Floor Ar Ratio (FAR)
(c) Land use mix: t GreeneWay Interchange District shall be developed to accommodate an
overall mix of land ses as described below:
Land Uses Minimum Maximum
Residential 0 25%
Non-Residential 75% 100%
(d) Open space/recreation: A minimum of twenty-five (25) percent of the overall site must be
designated as recreation and commo open space. Individual land uses may have more or
less than twenty-five (25) percent of its rrea devoted to common open space.
Recreation areas are not required within non-residential areas. In non-residential areas, landscaped
pedestrian connections between buildings, parking :nd adjacent development is required.
(Ord. No. 725. 8-23-99)
Sec. 20-330. Permitted uses, conditional uses, ac,essory uses and structures,
prohibited uses.
(a) Medium density residential:
Single-family attached/detached
Patio homes
Duplex
Multi-family
(b) High density residential:
(c) Office:
Variety of office uses from single-tenant professional offices to corporat; office parks.
(d) Commercial:
Alterations and tailoring
Automotive accessory sales
Bed and breakfast inn
Bicycles sales and service
Bookstores, newstands
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Cleaners
Community, regional and sub-regional shopping centers
Computers, hardware, software sales and service
onvention center
C venience store without gas pumps
Day re Nurseries
Drug s re
Electrons equipment sales and service
Financial in itutions
Florist
Government se .ce facilities
Hardware store
Hotel, motel
Medical clinics
Medical laboratories
Medical supplies and rental
Neighborhood convenience stores
Offices—(general)
Offices—(regulated professions)
Parking garages
Parks and recreation facilities
Personal services
Physical fitness and health clubs
Private clubs and lodges
Public utilities and service structures
Residential—multifamily
Restaurants
Sidewalk cafes
Theaters
(e) Conditional uses in commercial areas: Before a conditional se may be granted within the
GreeneWay Interchange District, the development review co gmittee must find that the use
or uses are consistent with the general purpose and spirit of tht district and with the public
interest.
Alcoholic beverage sales (package)
Alcoholic beverage sales (on-premises consumption)
Amusement enterprises
Automobile and truck rental
Automobile gasoline service station
Automobile repair
Child care facilities
Drive-in restaurants
Hospitals
Mini-warehouses
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Nursing homes
Schools (public or private)
Any other retail store or business enterprise not listed that in the judgement of the
development review committee is consistent with those included above, and further, that will
e in harmony with the purpose and spirit of the GreeneWay Interchange District.
(f) P mitted accessory uses and structures:
Accsory uses customarily associated with, dependent on, and incidental to the permitted
incipal uses.
(g) Prohibited • es.
Check cashing establishments (other than banks)
Flea markets
Funeral homes
Pawn shops
Strip centers
All uses listed in section 21 52 in the C-2 General Commercial and Industrial District of the
City Code, except 20-252(1) ,ses permitted in the C-1 "Neighborhood Commercial District"
(Ord. No. 725. 8-23-99)
Sec. 20-331. Building height.
No building shall exceed seventy-five 5) feet in height.
(Ord. No. 725. 8-23-99,
Sec. 20-332. Setbacks.
(a) No improvement shall be located on any prope closer to any property line than the
minimum setbacks set forth below:
Buildings Parking
S.R. 434 25 feet 15 feet
Collector Street 25 feet 15 feet
Internal Street 15 feet 0 feet
Side (a) 0 feet feet
Rear (a) 10 feet 5 -et
(a) Unless abutting a residential area. See Section 20-491
(b) The narrowest dimension of a lot adjoining a road right-of-way shall •-termine its front for the
purpose of establishing yard requirements.
(C) On corner lots, the front yard shall be considered as abutting the street u•on which the lot
has its least dimension. The rear lot, in this case, shall be opposite the fro t yard.
(d) The following structures are specifically excluded from the setback restrictio's:
(1) Steps and walks.
(2) Landscaping and landscape berms.
(3) Planters three (3) feet in height or less, or
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(4) Other improvements as may be permitted under applicable regulations of the city.
The planning and zoning board will consider any request for the placement of such other
improvements within a setback, only after a development review committee review and
-commendation. In determining whether to recommend city consent, the development review
co mittee may consider, without limiting the scope of their review, the following: (i) the extent to
whic any hardship exists that would justify a variance from the normal setback requirements; (ii)
the ae hetics of the proposed improvements and their visibility from common roads and adjacent
propertie • (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of
the propos-. improvements. It is the owner's burden and responsibility to provide such information
and docume t#tion as may be requested by the development review committee in order to justify to
the developme review committee that the intrusion of additional improvements within the normal
setbacks is bene ial to the corridor and will not adversely affect adjacent property owners.
(Ord. No. 725. 8-23-9 . Ord. No. 2010-09. §2. 4-26-10)
Sec. 20-333. Land cov age.
The overall site shat ontain twenty-five (25) percent open space or recreation. Individual
sites within a planned develo ent may have more or less than twenty-five (25) percent open
space. Stand alone single com ercial or office sites may contain a minimum of fifteen (15) open
space.
Open space includes pervious urfaces, landscaped or natural areas, recreation areas and
stormwater retention/detention areas. •en space does not include designated conservation areas.
(Old. No. 725. 8-23-PP3
Sec. 20-334. Off-street parking and drive .y requirements.
(a) Paved driveway and parking spaces:All dri -ways and parking spaces shall be paved with
asphaltic concrete and/or concrete and shall b- curbed.
(b) On-site parking:All parking areas shall be on-sit: and shall be adequate to serve all
employees, visitors and company vehicles.
(c) Parking space size: Each off-street parking space shill be a minimum of two hundred (200)
square feet, 10' x 20', in addition to space for access • .ves and aisles. The minimum width
of each space shall be ten (10) feet. The two (2) foot are: of paving at the end of each
parking space may be omitted provided the area is landscaped with sod or another
acceptable ground cover. The two-foot landscaped area sha not be counted toward any
other greenspace requirement or setback. Lines demarcating arking spaces may be drawn
at various angles in relation to curbs or aisles, so long as the pa ing spaces so created
contain within them the rectangular area required.
(d) Handicapped spaces: Handicapped spaces shall be provided and s ed in accordance with
316.1955, 316.1956, 316.1958, 320.0843, 320.0845, 320.0848 Flori Statutes.
(e) Access drive width:Each access drive shall have a minimum width of t enty-four(24) feet.
(1) Number of access drives: If a site has less than two hundred (200) feet o frontage on a right-
of-way, one (1) access drive shall be permitted unless there is a joint acce drive, in which
case two (2) may be permitted. If a site has more than two hundred (200) fee of frontage on
a right-of-way, F.D.O.T permit guidelines (found in 1496-7 Florida Administrati Code) and
restrictions shall apply.
(9) Turning radius:The minimum turning radius shall be thirty (30) feet.
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(h) Joint use:Coordinated joint use of parking areas during off-peak hours shall be encouraged
to be incorporated into the design of projects to reduce the total number of required parking
spaces.
i) Separation:Whenever practical, vehicular and pedestrian circulation systems shall be
separated. A system of multi-purpose walkways connecting buildings, common open spaces,
recreation areas, community facilities and parking areas shall be provided and adequately
ighted for nighttime use. The intent is to create a pedestrian oriented system to connect all
• operties within the Greeneway Interchange District.
(Ord. No. ,:r. 8-23-99:Ord. No. 2005.18. §3. 7.1 1.05)
Sec. 20-335. L. dscaping.
The followi • landscape standards establish the minimum criteria for the development of the
roadways, parking . eas, and other features to ensure continuity in aesthetic values throughout the
corridor.
(1) All areas re uiring landscaping shall meet or exceed the following general landscape
requirements. uch landscaping requirements are required for:
a. That part f the site fronting a public or private right-of-way that is within the
designate orridor.
b. Around and ' hin all off-street parking, loading and other vehicular use areas
within each site. oading areas shall be screened with the intent to block the
view of such loads areas from public streets or adjacent properties to the
greatest extent prac cable. Loading areas shall not front on public streets.
C. Along the outside of se Bening walls and fences.
d. Adjacent to buildings on't a site to complement the architectural style.
(2) All landscaping shall be installed cording to accepted commercial planting
procedures. Fertile soil, free of lime ck, pebbles or other construction debris shall be
used in all planting pits.
(3) The owner of a site shall be responsible •r all landscaping so as to present a neat,
healthy and orderly appearance free of re ► e and debris. Any dead or dying plant
material, including sod, shall be promptly re• .ced or shall be treated to restore
healthy growth to achieve a uniform appearan■-.
(4) All landscape areas shall be adequately irrigate., with reclaimed water if available,
based on the following criteria:
a. An automatic sprinkler irrigation system shall •- provided for all landscaped
areas.
b. The irrigation system shall be designed to provide ll coverage of all
landscaped areas and shall be equipped with rain se sors.
c. The irrigation system shall be designed and operated t prevent or minimize
run-off of irrigation water onto roadways, driveways, and djacent properties
not under the control of the owner of the site.
d. The irrigation system shall be maintained so as to be in opts m working order
at all times.
(5) All plant material shall meet or exceed standards for Florida No. 1 plant as specified
in Grades and Standards for Nursery Plants. Parts I and II, 1973 publisheby the
State of Florida, Department of Agriculture and Consumer Services. Trees ball be
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selected from the Recommended Tree Pallet found at the end of these design
standards.
(6) The preservation and utilization of a site's natural trees and shrubbery is strongly
encouraged. Existing vegetation shall be incorporated into the landscape concept for
a site wherever practical.
(7) Natural growth may be used to satisfy specific landscape requirements. Relocation of
nsite landscaping material is encouraged.
(8) W n an accessway intersects a right-of-way, landscaping may be used to define the
inter ction provided however that all landscaping within the triangular area described
below all provide unobstructed cross-visibility at a level between two (2) feet and six
(6) feet a ove finished grade. Pedestrian sidewalks may cross the triangular area.
Landscapi , except grass and ground cover, shall not be located closer than three
(3) feet from a edge of any accessway pavement. The triangular area shall be
defined as.
a. The areas f the site on both sides of an accessway which lie within a triangle
formed by t intersection of each curb of the accessway with the street right-of
-way with two ) sides of each triangle being ten (10) feet in length from the
point of intersec • n and the third side being a line connecting the ends of the
two (2) other side
b. The area of the site cated at a corner formed by the intersection of two (2) or
more streets with two sides of the triangular area being measured thirty (30)
feet in length along the n ht-of-way lines from their point of intersection; and
the third being a line conne ting the ends of the other two (2) lines.
(9) All landscape plans and specificatio s shall be prepared by a landscape architect
licensed to practice in the State of Flo kda.
(10) All parking areas and vehicular use area`s shall be screened from the public right-of-
way by a landscape screen. This screen y be composed of a berm not less than
three (3) feet in height and not more than fiv (5) feet in height or a maintenance free
wall at least (3) feet in height, or a screen of I dscaping at least three (3) feet in
height twelve (12) months after planting. If a wa or hedge is used, a meandering
berm a minimum of one and one-half (1 Y2) feet in eight, with a maximum slope of
3:1 shall be required. Berms shall not be used whey coverage conflicts with existing
vegetation. This screening requirement may be combs ed with other requirements
within the landscape easement. Berm slopes shall vary • order to provide visual
interest; however, the maximum slope shall be 3:1. The b rm shall be completely
covered with grass or other living landscape materials. A b m shall not be
constructed around existing vegetation where the grade will raised more than six
(6) inches. Walls and shrub screens shall be setback a minimu of ten (10) feet from
the property line.
For the purpose of this division hedge, screen and landscaping are o be used
interchangeably.
(11) Concrete walkways shall be a minimum five (5) feet wide and shall be couraged to
meander, where appropriate, to create visual interest. The construction the
walkways shall be coordinated with adjacent properties to ensure continuit of design.
Where a sidewalk intersects a street or driveway, a curb ramp shall be insta d.
(12) Landscaping shall be installed to screen parking areas from adjacent and prox ate
properties as follows:
a.
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Where vehicular use areas are adjacent to properties assigned a zoning
classification which allows only residential uses or properties assigned a
residential land use designation, the provisions of section 20-336
active/passive buffer and setback design standards shall apply.
b. A hedge or other durable landscape screen at least thirty (30) inches in overall
height above grade when planted, to grow to thirty-six (36) inches within twelve
(12) months under normal growing conditions, shall be used between the
common property lines. When two (2) hedges occur along a common property
line, use of the same plant species is required. If a hedge exists on an adjacent
property along a common property line, a duplicate hedge is not required;
however, in all cases, tree planting requirements for each property shall apply.
C. Live screening material shall be planted in areas not less than five (5) feet in
idth. Planting areas shall be mulched a minimum of two (2) inches thick with
c ress mulching or other organic mulch.
d. At I st one (1) tree shall occur for every seventy-five (75) linear feet, or
fractio thereof, along side (non-street side) and rear property lines. These
trees sh II be any canopy trees selected from the recommended plant pallet
found at t end of this section.
(13) Landscaping shall a provided for all vehicular use areas so as to provide visual and
climatic relief from br ad expanses of pavement and to channelize and define logical
areas for pedestrian angst vehicular circulation. The requirements for landscaping in
vehicular use areas are a`s�follows:
a. Parking areas shall irllude landscaped curbed islands at the ends of each row
of parking. These island shall be a minimum of ten (10) feet wide and as deep
as the combined parking ace(s) plus median, if any and shall include at least
one (1) canopy tree.
b. Each parking bay shall have n more than ten (10) continuous parking spaces
unbroken by a landscape island. hade trees shall be provided.
c. Parking bays shall have a maximu of forty (40) spaces cars. Where total
parking requirements for a parcel exc ed forty (40) cars, parking lots shall be
broken into distinct areas separated by ontinuous landscaped islands at least
five (5) feet wide. Landscaped islands sh contain one (1) tree for every thirty
(30) linear feet of island.
d. Each separate required landscaped island sha contain a minimum of one
hundred sixty-two (162) square feet with a mini m interior dimension of nine
(9) feet and shall include at least one (1) tree.
e. As an option, a six (6) foot wide landscaped island m be constructed
between rows of parking which shall count towards the equired open space. If
this option is used, the parking spaces abutting the islan `(gay be shortened to
nineteen (19) feet in length and the unbroken rows of parkih9 may be extended
to twenty (20) spaces. The landscaped island shall contain onp tree for every
thirty (30) linear feet of island.
(14) A landscaped unpaved area shall surround each non-residential buildin ,\occurring
between the facade of the building and paved areas whether a parking area, drive or
sidewalk as described below.
a. Along the front and side of a non-residential building a minimum landsc Red
area of ten (10) feet for the first floor plus three (3) feet for each additional`#oor
shall be maintained. Sidewalks are not considered part of the landscaped aa.
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b. Along the rear of a non-residential building a minimum of five (5) feet of
landscaped area shall be maintained. Loading areas may be permitted along
the rear or side facade of a building.
c. For retail buildings, paving may be allowed up to the facade of a continuous
storefront building if landscaping is provided intermittently along the facade of
the building consistent with the following:
1. A minimum of fifty (50) percent of the front or side with continuous
storefront must be landscaped.
2. Each landscaped area must have a minimum width of three (3) feet.
(15) Foun..tion and accent planting shall be provided around all structures for the purpose
of enhan ing and complementing the architectural character of the structure.
(16) Wet retenti. /detention ponds along S.R. 434 shall be designed so as not to require
fencing. Wet tention/detention ponds in the rear of buildings shall be fenced if
required by slo . No dry retention/detention pond shall be located along S.R. 434.
(17) All stormwater ma agement areas shall conform to the design criteria promulgated by
the City of Winter S ings and the St. Johns River Water Management District.
(18) A tree survey shall be ubmitted with any application for site plan review showing all
trees over four (4) inche• in caliper consistent with Chapter 5 of the City of Winter
Springs Code of Ordinance . Prior to any site clearing activities all existing trees
required to remain by the De elopment Review Committee shall be tagged in the field
for inspection and approval. B. riers shall be erected at the dripline of trees for
protection against construction a• ivities.
(19) Any existing tree(s) indicated to re .in on construction plans approved by the
development review committee that a - damaged or removed shall be replaced with
new tree(s) Consistent with Chapter 5; • ction 5-5 of the City of Winter Springs Code
of Ordinances.
(20) All areas not otherwise landscaped, includi . the right-of-way, shall be sodded with
St. Augustine solid sod by parcel owners. Oth-r suitable sod may be permitted in low
visibility areas or areas subject to periodic wate .nundation.
(21) Pedestrian access through the perimeter wall and suffer may be provided at the
abutting resident's or homeowners association's opt ,n to provide convenient
pedestrian access to non-residential uses such as co ercial areas, office parks or
schools.
(22) Additional green space and landscaping shall be required access drives.
(Ord. No. 725, 8-23-99?
Sec. 20-336. Buffers and walls.
(a) Unless otherwise specified, the following active/passive design standards s II apply to all
commercial, office, and multi-family development adjacent to properties assig d a
residential zoning classification or a residential land use designation. Buffers an setbacks
required by this section are intended to separate incompatible land uses and elim ate or
minimize adverse impacts such as light, noise, glare and building mass on adjacent
residential uses. The development review committee shall make the final determinati n of
active and passive edge(s) during the site plan review process.
(b) Front setbacks shall comply with the requirements of section 20-332. Side and rear setba ks
shall comply with Table 1 of this section.
(c)
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Passive buffers: The use of passive buffers may occur only on the passive edges of a
building site. In using passive buffers, the following requirements shall be met:
(1) Buffer width: Minimum fifteen (15) feet.
(2) Buffers shall contain a perimeter brick or masonry wall six (6) feet in height.
Buffers shall contain four(4) canopy trees a minimum of two and one-half (2.5) inches
in diameter (dbh) for every one hundred (100) linear feet of buffer. Trees may be
clustered or planted at regular intervals.
(d) Active ffers: In using active buffers, the following requirements shall be met:
(1) Buffer width: Minimum twenty-five (25) feet for one-story buildings.
Mini um fifty (50) feet for buildings two (2) stories and over.
(2) Buffer shall contain a perimeter brick or masonry wall six (6) feet in height.
(3) Buffers s all contain eight (8) canopy trees a minimum of two and one-half (2.5)
inches in i.meter (dbh) for every one hundred (100) linear feet of buffer. Trees may
be clustered •r planted at regular intervals.
(e) The following table p -scribes the landscape buffer and setback requirements relating to the
height of buildings whe the following uses are adjacent to existing residential land uses
and/or properties assigne+ a residential zoning land use classification or land use
designation.
Table 1
Passive/Active Landscape Buffer and Side and Rear Setback Requirements
Building Passive Side of Building Active Side of Building
Height
and Use Buffer Setback Buffer Setback
(in Feet) (in Feet) (in Feet) (in Feet)
One story:
Office 15 25 50
15 25 25 50
Commercial
Multi- 15 25 25 50
family
2 or more
stories:
Office 15 50 50 100
15 50 50 100
Commercial
Multi- 15 100 50 100
family
(1) No existing or dedicated public or private right-of-way shall be include' in calculation
of the buffer widths.
(2) Existing vegetation shall be used where possible to meet these requirem- ts.
(f) Walls: All freestanding walls, sound barriers, ground sign enclosures, planters, ma -made
structures fronting along the designated roadway or its major intersections shall be o brick
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decorative or split-faced concrete block. When these materials are used for a visual screen,
they shall conform to the architectural style, materials, and color of the development.
Ord. No. 725, 8-23-.991
Sec. 0-337. Reserved.
Editor' ?ote-
Ord. No. :006-18, § 5, adopted Oct. 23, 2006, repealed fromer § 20-337 in its entirety which
pert.' ed to signs in the Greenway Interchange Zoning District and derived from the
followi e: Ord. No. 725, 8-23-99; Ord. No. 2003-06, § 3, 12-8-03; Ord. No. 2004-49, § 2, 12-
13-04.
Sec. 20-338. Utility es.
All new or reloca -d utility lines within the district shall be constructed and installed beneath
the surface of the ground ► less it is determined by the city that soil, topographical, or any other
compelling conditions, make he underground installation of such utility lines as prescribed herein
unreasonable and impracticab -.
(1) It shall be the develocer's responsibility on-site to make the necessary arrangement
with each utility in acco .ance with the utility's established policy.
(2) The underground installa 'in of incidental appurtenances, such as transformer boxes,
switch boxes, pedestal mo ted boxes for the provision of electricity shall not be
required. However, such app enances where not rendered impractical by the
determination of the city shall b- 'nstalled on the site of any development approved
after the adoption of this section. e necessary easements to allow the utility
company access and service to suc' appurtenances shall be dedicated to the service
provider by the developer prior to issu.tce of a building permit.
(3) All transformers and switch boxes related o development approved after the adoption
of this section shall be set back a minimum f fifteen (15) feet from any right-of-way
and visually screened using landscape mater Is or masonry construction in
conformance with these land development regu tions.
(Ord. No. 725, 8-23-99)
Sec. 20-339. Cross-access easements.
(a) All development except single family residential and duplex uses, with parking lots or direct
access to a public road shall, as part of the development approval ocess, establish cross-
access easements which provide for the internal connection of the p. cel to adjacent parcels
unless the city engineer makes a finding that such joint-access is not fe:sible or practicable
based upon circumstances unique to the properties.
(b) Shared parking areas shall be permitted a reduction in required parking spas-s if peak
demand periods for proposed land uses do not occur at the same time.
(Ord. No. 725. 8-23-99)
Sec. 20-340. Building and screening design guidelines.
(a) Projects shall use materials consistent with materials used in the area. Acceptable mate -als
include stucco, split-faced or decorative concrete block reinforced concrete with tile, and
brick and terra coma accent material. Inappropriate materials are river rock unfinished timb-c
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(unpainted), shake roofs, reflective/mirror glass, and metal siding. Materials should be high
quality and well crafted.
( Mechanical equipment and appurtenances, including but not limited to air conditioner units,
ventilation equipment, refrigeration systems, heating units, must be screened so that they
re not visible from any public right-of-way. The screen shall consist of a solid wall, facade,
p apet or other similar screening material which is architecturally compatible and consistent
with a associated building. Such screening material shall extend at least one (1) foot above
the ob1 ct to be screened. If landscaping is utilized, the plantings must be high enough within
one year f planting to provide a screen which will screen the entire unit with a minimum of
seventy-five 75) percent opacity. In the case of satellite dishes, they shall be screened from
view from gro d level of adjacent rights-of-way and properties by buildings, dense
landscaping or s reen walls. The development review committee may permit dishes on
buildings if no part f the dish is visible from the ground of surrounding properties. Setbacks
for antennas and sa Ilite dishes shall be the same as the building setbacks.
(c) Dumpsters and similar cilities shall be screened on all four (4) sides from public view. Both
sides and the rear of suc facilities shall be screened by an opaque concrete wall, or similar
material. Dumpsters shall placed in an area that is least visible from a public right-of-way.
(d) All storage areas shall be scr ened from view from the right-of-way and from adjacent
residential zoning districts. Scr ning enclosures may consist of any combination of
landscaping and opaque building aterials. If building materials are utilized, such material
shall be consistent with the archite rat design of the principal structures.
(e) Side and rear elevations of buildings .sible from a public street or adjacent property shall be
designed in the same architectural style s the main facade.
(f) All doors for service entrances or bays sh I not face a public street unless they are screened
to obscure service activities.
(g) Outparcels shall conform to the architectural, '•nage, and landscape theme of the overall
project and must share an internal access with t - overall project.
(h) Newspaper, magazine and other such vending ma.hines. ATM's, pay telephones, and trash
receptacles shall be encased in a structure that is ar hitecturally compatible and consistent
with the adjacent building and other site details and m t meet building setbacks.
(i) Exterior lighting shall be a cut-off light source to protect .•jacent properties from glare. All
exterior lighting shall be consistent and compatible throug' •ut the project.
U) Buildings with multiple storefront entries are encouraged to i orporate overhangs in the
design of front facades as appropriate to promote pedestrian a tivity.
(k) Backflow preventers and other above ground valves shall be screened so they are not visible
from the street right-of-way using either landscaping or an opaque •uilding material and shall
be subject to buffer setback requirements.
(I) Drive-thru pick up windows shall not be permitted on the front or sides •f a building fronting
on S.R. 434.
(Ofd. No. 725. 8-23-99)
Sec. 20-341. Developer's agreement.
Any developer may propose to enter into a developer's agreement with the city de igned to
set forth terms and conditions appropriate to meet the circumstances of the specific propo -d
development. Such development agreement shall be reviewed and approved by the city
commission. The city commission may vary the standards of this division, including building or
perimeter setbacks, parking standards, signage, and other standards. If an increase in building
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ti.
height beyond fifty-five (55) feet is requested, the city commission must find the fire department
pabilities are adequate to address the change. Such consideration shall be based on building site
co straints or physical characteristics of the property; provided specifically, however, that any such
con ssions for a constrained site shall only be considered by the city commission in a
develo ment agreement if enhanced perimeter landscaping or buffering is provided to assure that
the objec 'ves of this division are achieved.
(Ord. No. 725, .•23-99i
Secs. 20-342-20 44. Reserved.
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