§ 62.408. Semoran Boulevard Special Plan.

(a)

Relationship to the Growth Management Plan. The GMP encourages incorporating the positive design elements of the Traditional City into existing commercial districts located outside of the Traditional City. (Urban Design Element Goal 2, Objectives 2.1 and 2.2, and Policy 2.2.1) The City prepared the Semoran Boulevard Vision Plan and this Special Plan to implement these objectives and policies.

(b)

Objectives. The primary purpose of the Semoran Boulevard Special Plan is to preserve and strengthen commercial land uses and redevelopment opportunities within the Semoran Boulevard corridor, to enhance pedestrian safety and the "Main Street" character of the corridor, and to give the corridor a unified, consistent image so that it has the feel of a recognizable district, while also improving the visibility of businesses within the corridor.

The specific objectives of this Special Plan are as follows:

1.

Create a more welcoming and attractive public environment, and make businesses more visible and accessible to their customers by providing special standards for landscaping, fences, and building setbacks.

2.

Give each row of small office buildings a more unified appearance by providing special standards for landscaping, fences, signs, and building setbacks.

3.

Set maximum standards for building height, mass, and scale that reflects allowable intensities and densities while ensuring logical transitions from activity centers and mixed use corridors to residential neighborhoods.

4.

Support a pedestrian-oriented "Main Street" character through urban design standards.

5.

Establish building setback standards to allow for adequate streetscape treatment, sidewalk widths, landscaping, and other desirable design features.

(c)

Applicability. The regulations of this Special Plan apply to land designated with the Semoran Boulevard Special Plan overlay district. These regulations apply in addition to all other applicable regulations of the City's Land Development Code. If a regulation of this Special Plan conflicts with another regulation of the Land Development Code, the provision in this Special Plan will supersede. The Special Plan area is depicted in Figure 62.408-1.

(d)

Support document. The regulations of this Special Plan are intended to implement the recommendations of the Semoran Boulevard Vision Plan (Support Document — July 2010, Community Planning Studio, Economic Development Department, City of Orlando). In cases of uncertainty, the Zoning Official shall refer to the Vision Plan to clarify the intent of the regulations contained within this Special Plan.

(e)

Development standards applying throughout the district. The following development standards apply throughout the Semoran Boulevard Special Plan overlay district:

1.

Public Visibility Zone and Unrestricted Zone. A "Public Visibility Zone" is hereby established on both sides of Semoran Boulevard. The Public Visibility Zone consists of the area located between the Semoran Boulevard street right-of-way and an imaginary line running generally parallel to the Semoran Boulevard street right-of-way line and located ten feet behind the Semoran-facing facade of the principal building on property visible from Semoran Boulevard. This zone does not include the area within ten feet of the principal building itself. For a graphical representation of the Public Visibility Zone, see Figure 62.408-2. The remainder of any given building site is hereby designated as the "Unrestricted Zone."

2.

Street Tree Line. A "Street Tree Line" is hereby established on both sides of Semoran Boulevard from Brosche Road on the north to Curry Ford Road on the south. The Street Tree Line is an imaginary line running parallel to and set back 15-feet from the right-of-way line of Semoran Boulevard or the Semoran Boulevard service road right-of-way line where applicable. Along this line, street trees must be planted and maintained by the property owner in the following manner:

i.

The street trees required by this part are in lieu of all other canopy and understory trees that would be normally be required within 30-feet of the adjacent Semoran Boulevard right-of-way by the Land Development Code. Except for the street trees required by this part, canopy and understory trees are prohibited within 30-feet of the Semoran Boulevard right-of-way or the Semoran Boulevard service road right-of-way line where applicable.

ii.

The street trees must be planted at intervals of not less than 65-feet and not more than 100-feet apart.

iii.

All street trees must be selected from the following list of tree species, and must also conform to the following minimum dimensional standards:

A.

Shumard Oak (Quercus shumardii) — At time of planting, the tree must be at least 14-feet tall, with at least a 4-inch caliper, and have a clear trunk to at least 6-feet above the ground.

B.

"High-Rise" Live Oak (Quercus virginiana) — At time of planting, the tree must be at least 14-feet tall, with at least a 4-inch caliper, and have a clear trunk to at least 6-feet above the ground.

C.

Red Maple (Acer rubrum) — At time of planting, the tree must be at least 14-feet tall, with at least a 4-inch caliper, and have a clear trunk to at least 6-feet above the ground.

D.

Cabbage Palm (Sabal palmetto), Ribbon Fan Palm (Livistona chinensis), or Date Palms (Phoenix sylvestris, Phoenix dactylifera, or Phoenix canariensis) — At time of planting, the tree must have a clear trunk to at least 16-feet above the ground and must be planted in an odd-numbered cluster of three or more. Palms are only allowed where necessary to match nearby trees or where site-specific conditions prevent the use of other permitted species.

E.

Existing trees, including those of non-permitted species, may be retained in lieu of conforming to the requirements of this part where the following standards are met:

(1)

The tree is within 5-feet of the Street Tree Line.

(2)

The tree is within 5-feet of the required spacing interval.

(3)

The tree must be trimmed and maintained to have an upright trunk and full crown shape with branches that do not interfere with utility lines or grow beneath utility lines.

iv.

Beginning one year after installation, street trees must be maintained at a minimum clear trunk height of 8-feet, and beginning five years after installation, must be maintained at a minimum clear trunk height of 10-feet.

v.

Street trees must be planted so that at least three of the same species are placed together in a row, with a preference for at least seven or more, irrespective of lot lines. Wherever practicable, street trees should match the size and species of those directly across the street.

vi.

Because site-specific conditions may prevent the placement of required street trees at precisely the required intervals along the Street Tree Line, the Zoning Official may approve minor modifications to the street tree location requirements of this part. Where such a modification is considered, the Zoning Official should approve the request if the proposal conforms to the alternative location standards for existing trees found at section 62.408(e)2.E., of this Code, and where such modification would not be inconsistent with the overarching purpose and intent of the Semoran Boulevard Vision Plan.

vii.

The area within 30-feet of the Semoran Boulevard right-of-way may not be counted toward the calculation of tree requirements applicable to the remainder of the building site.

viii.

All existing trees made non-conforming by this part must be removed, and new conforming trees must be installed, within three years of the effective date of this ordinance.

3.

Other landscaping requirements within the Public Visibility Zone. Within the Public Visibility Zone on all sites, the following landscaping requirements apply:

i.

All shrubs, hedges, and groundcover, including that required by the Land Development Code, are restricted to species having a natural growing height of not more than 2-feet above the ground, and in any event must be maintained at no more than 2-feet above the ground.

ii.

All shrubs, hedges, and groundcover must be selected from the following list of species:

A.

African Iris (Morea iridoides).

B.

Muhly Grass (Muhlenbergia capillarensis).

C.

Flax Lily (Dianella spp.).

D.

"Gold Mound" Lantana (Lantana camara).

E.

Lavender Lantana (Lantana montevidensis).

F.

Dwarf Yaupon Holly (Ilex vomitoria).

G.

Creeping Fig (Ficus pumlia).

H.

Other species approved by the Zoning Official of similar dimensional and aesthetic characteristics, including existing shrubs, hedges, and groundcover.

iii.

All existing shrubs, hedges, and groundcover made non-conforming by this part must be removed, and new conforming shrubs, hedges, and groundcover must be installed, within two years of the effective date of this ordinance.

iv.

Except for street trees conforming to section 62.408(e)2., of this Code, and as otherwise provided in this part, trees are prohibited in the Public Visibility Zone. All existing trees made nonconforming by this part must be removed within two years of the effective date of this ordinance. For existing principal buildings, the Zoning Official may allow existing trees to remain if they are 10-inches or more in caliper, determined to be healthy by the City Arborist, not otherwise prohibited by this Code, and maintained with a clear trunk to at least 8-feet above the ground.

4.

Fencing and screening within the Public Visibility Zone. Fences and walls are prohibited within the Public Visibility Zone, except for the following:

i.

Fences or walls of not more than 3-feet in height used exclusively for the purpose of enclosing an outdoor seating area of a restaurant.

ii.

Retaining walls.

iii.

Existing fences and walls on building sites where the existing principal use is multifamily residential or religious institution.

iv.

Existing dumpster enclosures.

All existing fences and walls made non-conforming by this part must be removed or brought into compliance with this part within two years of the effective date of this ordinance.

5.

The Unrestricted Zone. Within the Unrestricted Zone, all the regular and applicable Land Development Code requirements for landscaping, parking lot landscaping, fencing, and screening apply, except for the following:

i.

Except for required street trees, all other trees are prohibited within 30-feet of the Semoran Boulevard right-of-way. Trees not conforming to this part must be removed within two years of the effective date of this ordinance.

ii.

Where appropriate in order to soften and beautify a principal building's Semoran-facing facade, the Zoning Official may require a hedgerow or other similar planting in front of the principal building's Semoran-facing facade. This requirement may be applied as a condition of any building permit for exterior work on the same building site or at anytime upon 90-days notice by the Zoning Official. Plantings required by this part must be consistently maintained in a healthy and verdant condition.

(f)

Development standards in Mixed Use Corridors and Activity Centers. The following development standards apply to all property designated on the City's official zoning map series as MU-1, MU-2, AC-1, AC-2, R-3B, and parts of planned development districts with an underlying zoning designation of Mixed Use or Activity Center.

1.

Hardscape and knee-wall on Semoran Boulevard. Property abutting the westside of Semoran Boulevard from Kalmia Drive on the north to Andora Street on the south, and abutting the eastside of Semoran Boulevard from Dahlia Drive on the north to Curry Ford on the south, are hereby made exempt from the regular parking lot landscaping requirements of the Land Development Code for parking areas located within 5-feet of the Semoran Boulevard right-of-way. In lieu of those requirements, the respective owners of such properties must install and maintain the hardscape and knee-wall described in the Semoran Boulevard Special Plan Design and Technical Specifications Manual as adopted by Council.

i.

Where a knee-wall and hardscape section has been installed in accordance with this part, the City may install or may approve the private installation of street furniture as described in the adopted Semoran Boulevard Special Plan Design and Technical Specifications Manual.

2.

Build-to Line. A "Build-to Line" is hereby established adjacent to Semoran Boulevard. The line runs parallel to and 15-feet from both the eastside and westside of the Semoran Boulevard right-of-way. The Semoran-facing facades of principal structures on property abutting the Semoran Boulevard right-of-way must be along this line. Properties zoned with the R-3B designation are exempt from this part.

i.

Purpose and intent. The purpose of the Build-to Line is to support a pedestrian-oriented "Main Street" character within the Semoran Boulevard special Plan area. Because the hardscape and knee-wall required by section 62.408(f)1., of this Code, will occupy the area within 5-feet of the Semoran Boulevard right-of-way, and because the Unrestricted Zone includes the area within 10-feet of a principal building, the area in front of the Semoran-facing facade of a principal building that conforms to the Build-to Line will not be subject to the requirements of the Public Visibility Zone. Also, because the Build-to Line is established at the same setback as the Street Tree Line, street trees will not be required or permitted in the area in front of any principal building that conforms to the Build-to Line. The intent is to create a walkable "Main Street" character along Semoran Boulevard in which the "walls" of the "outdoor room" consist of a mixture of principal building facades and street trees running along the same setback line.

ii.

Applicability. The requirements of this part apply to all new principal buildings. Existing buildings undergoing substantial enlargement must be built towards the Build-to Line, but need not be built to the Build-to Line unless undergoing a substantial improvement. A building conforms to this part if at least 50 percent of its Semoran-facing facade is built along the Build-to Line.

3.

Restaurant district rear-access driveway. The purpose of this part is to ensure that commercial parcels on the eastside of Semoran between Costa Del Sol Street on the north and La Costa Drive on the south continue to be connected by a continuous rear-access driveway and easement that provides vehicular connectivity between these parcels that is safer and easier than movements to and from Semoran Boulevard. For this reason, any building permit for new construction of a principal building or for a substantial enlargement or improvement to buildings on these parcels must be conditioned on the construction or improvement of this rear-access driveway to City-approved design and engineering standards, including the adopted Semoran Boulevard Special Plan Design and Technical Specifications Manual. The permit must also be conditioned on the conveyance and recording of cross-access, joint-use, and City-services easement, the form and substance of which is subject to review and approval by the City Attorney. The property owners along this driveway are jointly and severally responsible for the proper maintenance of this driveway and easement.

(g)

Development standards in Office Districts. The following development standards apply to all property designated on the City's official zoning map series as O-1 or O-2, and parts of planned development districts with an underlying zoning designation of O-1 or O-2.

1.

Unified Office Districts. There are hereby established three distinct office districts within the Semoran Boulevard Special area. For the purposes of this Special Plan, the three districts shall be known as the Semoran Office District North, Semoran Office District South, and the Curry Ford Office District. The districts are depicted in Figure 62.408-3.

2.

Signs. Notwithstanding any contrary regulation within the Land Development Code, the following signs are the only signs allowed within the three Unified Office Districts.

i.

Monument signs. Each building site may have one monument sign. If the building site consists of more than one platted lot as of the effective date of this ordinance, then the site may have one monument sign for each platted lot. Platted lots existing as of the effective date of this ordinance and wider than 150 feet may have a second monument sign. Monument signs must be at least 12-feet square, but no more than 20-feet square, and may not be more than 6-feet tall. The monument sign must be located as close as possible to the center of the platted lot and 10-feet from the adjacent right-of-way. All monument signs must be built and maintained in accordance with the Semoran Boulevard Special Plan Design and Technical Specifications Manual adopted by Council concurrently with this ordinance.

ii.

Building-mounted signs. Each principal building may have one building-mounted sign. All building-mounted signs must be built and maintained in accordance with the Semoran Boulevard Special Plan Design and Technical Specifications Manual adopted by Council concurrently with this ordinance.

All existing signs made non-conforming by this part must be removed within five years of the effective date of this ordinance.

3.

Street furniture. Within the pedestrian zone running along the Semoran Boulevard service road in the Semoran Office District North, the City may install or may approve the private installation of street furniture as described in the adopted Semoran Boulevard Special Plan Design and Technical Specifications Manual.

4.

Public Visibility Zone on Curry Ford Road. A Public Visibility Zone is hereby established within the Curry Ford Office District. All the requirements that apply to the Public Visibility Zone within the Unified Office Districts along Semoran Boulevard apply to the Public Visibility Zone within the Curry Ford Office District, except for the requirement of a Street Tree Line.

5.

Semoran Office District North sidewalk. Because there is a sidewalk in the Semoran Boulevard right-of-way and a pedestrian zone along the easternmost 5-feet of the Semoran Boulevard service road within the Semoran Office District North, sidewalks are prohibited on the westside of the Semoran Boulevard service road.

6.

Existing single family homes within the Office Districts. The purpose of this part is to allow existing single family homes to remain within the Unified Office Districts while encouraging an appearance that is compatible with the Public Visibility Zone throughout the Semoran Boulevard Special Plan area.

i.

If an existing single family home is changed to any other allowable use, all requirements of the Public Visibility Zone must be met, even if the site later reverts back to a single family use.

ii.

Single family homes with chain-link fencing existing as of the effective date of this ordinance and within the Public Visibility Zone, may retain such fencing, as long as the fencing meets the regular height limitations for fencing in an O-1 zoning district. Fencing slats are prohibited, and all lawful fencing must be maintained in good order, including straight and well-kept posts with caps and top-rails that are also straight and orderly. All other types of fencing are prohibited, but may be replaced with chain-link fencing if such other fencing was in place as of the effective date of this ordinance.

iii.

Existing single family homes may have shrubs and hedges within the Public Visibility Zone. Such shrubs and hedges must be maintained at or below 4-feet in height when located in the front yard and street side yards, and at or below 6-feet in height in the rear yard and non-street side yards. They must also be maintained out of public rights-of-way, including sidewalks.

iv.

Trees 3-inches or greater in caliper and existing within the Public Visibility Zone as of the effective date of this ordinance may remain as long as the site is used as a single family dwelling. However, all such trees must be maintained at a minimum clear-trunk height of 8-feet. Street trees shall not be required. However, all new trees and landscaping must conform to the requirements of the Public Visibility Zone, and if any affected site is changed to an allowable use other than a single family home, all of the trees and landscaping on the site must conform to all of the requirements of the Public Visibility Zone.

v.

As of the effective date of this ordinance, the building sites shown in Figure 62.408-4 consist of single family homes. Each of these existing single family homes front on Lido Street or Pecos Street and have street side yards facing Semoran Boulevard. Whenever each of the sites are changed to any allowable use other than a single family home, a neighborhood entry wall must be built along the west property line of the site. The wall must extend from the street right-of-way to at least 10-feet behind the facade of the principal building facing that street. The wall must be finished concrete block construction and must conform to the height regulations that would ordinarily apply to a wall in an O-1 district. The wall design is subject to review and approval by the Zoning Official and must be maintained in accordance with final approved plans. Adjacent walls must match each other.

Figure 62-408-4

vi.

All existing fences and landscaping made non-conforming by this part must be removed within three years of the effective date of this ordinance.

7.

Cross access and joint use driveways within the Office Districts. The purpose of this part is to ensure that individual parcels within the Unified Office Districts become connected by continuous rear and side-access driveways and easements in order to provide vehicular connectivity between these parcels that is safer and easier than movements to and from Semoran Boulevard. For this reason, any building permit for new construction of a principal building or for a substantial enlargement or improvement to buildings on these parcels, or any change in use on the respective site, must be conditioned on the construction of the appropriate rear and side-access driveway to City-approved design and engineering standards, including the adopted Semoran Boulevard Special Plan Design and Technical Specifications Manual. The permit or use change must also be conditioned on the conveyance and recording of cross-access, joint-use, and City-services easement, the form and substance of which is subject to review and approval by the City Attorney. Each property owner is required to build and maintain only the portion of the driveway that is on their respective property.

i.

In the Semoran Office District North, one objective of the unified access and circulation system is to achieve driveway spacing that conforms to the Florida Department of Transportation's minimum driveway spacing requirement for Semoran Boulevard so that the barrier between the existing service road and Semoran Boulevard can be removed and driveways will have direct access to Semoran Boulevard. To achieve this objective, the Zoning Official may require closure and removal of driveways such that certain existing platted lots will have no driveway directly onto Semoran Boulevard, but will access Semoran Boulevard via the cross access and joint use driveway system.

ii.

Sites where the City-approved cross access and joint use driveway have been built, and associated easements properly conveyed, may, in addition to all the uses normally allowed by-right in the site's respective office zoning district, be used for the following:

A.

Any non-residential use normally allowed in the site's zoning district but which otherwise would not be permitted by virtue of the sites inadequate parking required for such a use.

B.

Personal services uses by conditional use permit, provided that no more than 49 percent of existing platted lots within each Unified Office District be used for such use.

8.

Front yard parking. Sites where the City-approved cross access and joint use driveway have been built, and associated easements properly conveyed, may have one parking space in front of the principal building.

9.

Building setbacks and impervious surface ratio. The following minimum building setbacks and maximum impervious surface ratio apply in the Unified Office Districts:

i.

Front yard setback — 20-feet.

ii.

Side yard setback — 5-feet, if no driveway is located in the side yard.

iii.

Street side yard — 15-feet.

iv.

Impervious surface ratio — 0.85.

(h)

Uses prohibited in the Semoran Boulevard overlay district. The following uses are prohibited within all zoning districts within the Semoran Boulevard Special Plan overlay district:

1.

Labor pools and labor halls as defined by Chapter 448, Florida Statutes.

2.

Any business in which a material part of its service includes loaning money secured by vehicle titles (often known as "car-title loans"), but not including financial institutions such as banks, credit unions, trust companies, consumer finance, and retail installment lenders.

3.

Any business commonly known as "check cashing" establishment, or any business in which a material part of its service includes offering loans secured by future employment wages or other compensation (often known as "payday loans," or "pay day advances"), but not including retail businesses which provide a check cashing service as an incidental part of their business and financial institutions such as banks, credit unions, and trust companies.

4.

Tattoo, body art, and body piercing establishments.

5.

Pawnshops, as defined by the Florida Pawnbroking Act, except that such shops lawfully existing within the Semoran Boulevard Special Plan overlay district as of the effective date of this ordinance may perform substantial improvements and substantial enlargements.

6.

Bail bond agencies, as defined by Chapter 648, Florida Statutes.

7.

Flea markets.

8.

Automobile sales and rentals.

9.

Fortune tellers, tarot card readers, palm readers, psychics, and like establishments.

10.

Mobile food vending.

(i)

Special design standards. The following design rules apply throughout the Semoran Boulevard Special Plan overlay district:

1.

Pedestrian-oriented entrances facing the street are required of all principal buildings.

2.

Drive-throughs, including drive-through lanes, are prohibited between buildings and public streets.

(j)

Appearance review required. To implement the regulations of this Special Plan, appearance review is required before the issuance of any building permit within the Semoran Boulevard Special Plan overlay district.

(Ord. No. 2011-15, § 1, 4-25-2011, Doc. #1104251103; Ord. No. 2011-51, § 1, 3-12-2012, Doc. #1203121204)