HomeMy WebLinkAbout2006 09 25 Regular 304 Villagio Development Agreement
CITY COMMISSION
AGENDA
ITEM 304
Regular X
September 25, 2006
Meeting
MGR.DEPT
Authorization
REQUEST: The Community Development Department requests the City Commission approve
the proposed development agreement modification to allow 2 building-mounted
signs to exceed a height of 14 feet at the Villagio shopping center.
PURPOSE: The purpose of this agenda item is to approve the proposed third development
agreement modification to allow 2 building mounted multi-tenant identification
signs at the Villagio shopping center (a.k.a. S.R. 434 Retail).
APPLICABLE REGULATIONS
Chapter 166, Florida Statutes
Development Agreement (DA) & Modifications
Chapter 20, Section 20-470 (3) (c)
CONSIDERATIONS: Villagio (a.k.a. SR 434 Retail) was approved as a shopping center
with an Italian village theme within the C-l zoning district and the SR 434 New Development
Overlay Zoning District. It is comprised of one primary 2- story building and 2 much smaller
detached single-story outbuildings on the same site. The first floor of the primary building is
retail with 6,000 SF restaurant area at the northwest comer.
A sign permit application for the proposed Yen Yen Chinese Restaurant depicted 2 building-
mounted multi-tenant identification sign for the north (SR 434 side) and east sides of the
restaurant (located at the west end of the large building) and was denied by staff, because both
are proposed at 21' 4", which is higher than the prescribed maximum 14' above the adjacent
sidewalk grade (Subsection 20-470 (3) (c) in the SR 434 New Development Overlay Zoning
District). Staff agrees with the owner and the restaurateur that, given the height of the building
fayade and the archway on the side of the building, the sign is proposed at the most aesthetic
September 25,2006
Regular Agenda Item 304
Page 2 of 2
location for a building-mounted identification sign.
RECOMMENDATION: Staff recommends the City Commission approve the proposed third
modification to the existing Villagio development agreement to allow proper placement of the
proposed building-mounted multi-tenant identification signs.
ATTACHMENTS:
A. Location Map
B. Proposed signage
C. Subsection 20-470 (3) of the City Code
D. Proposed 3rd DA Modification
CITY COMMISSION ACTION:
COD/September 20, 2006/10:04 AM
ATTACHMENT A
Municipal Address Map Book
Printed: Apr 2005
Map page 2417
City of Winter Springs, FL
STONE CABLE CIRCLE
Attachment B
ATTHACMENT C
Building Size (Gross Floor
Area)
Under 75,000 square feet
75,000-250,000 square feet
Over 250,000 square feet
ZONING
20-470
Anchor Tenant Additional
Sign
2 of 12 square feet
3 of 12 square feet
4 of 12 square feet
An anchor tenant is defined as the
major retail store(s) in a center that
is/are in excess of one hundred (100)
front feet and a minimum area often
thousand (10,000) square feet.
(2) Ground mounted single-tenant identifica-
tion sign: One (1) wide-based monument
style, permanent project sign shall be
permitted per single-tenant parcel. One
additional permanent wide-based monu-
ment style project identification sign may
be permitted for parcels in excess of one
(1) acre with more than one (1) ingress/
egress serving more than one (1) building.
The minimum separation for all signs on
an individual ownership parcel shall be
two hundred (200) feet.
a. Shall only advertise one (1) person,
firm, company, corporation or major
enterprise occupying the premises.
b. Shall be located no closer than fif-
teen (15) feet from the front, side or
rear property lines.
c. Shall not exceed two (2) faces.
d. Sign copy area shall not exceed thirty-
two (32) square feet per face. For
parcels in excess of 4.0 acres, the
project identification sign face may
be increased to forty-eight (48) square
feet.
e. Shall be consistent in design, format
and materials with the architecture
of the proposed building.
f. The sign shall not be more than
eight (8) feet in height above the
closest driveway or vehicular use
area.
g. Signs shall be in an enclosed base
that is at a minimum the full width
Supp. No.5
of the sign. Landscaping shall be
incorporated around the base to in-
clude low growing shrubs and ground
cover and/or annuals to promote color.
(3) Building mounted multi-tenant identifica-
tion sign for buildings with separate exte-
rior tenant entrances: In addition to the
ground mounted identification sign, ten-
ant signs shall be permitted on the exte-
rior walls of the building at a location
near the principal tenant entrance, and
be consistent with the following criteria:
a. Shall only advertise one (1) person,
firm, company, corporation or major
enterprise occupying the premises.
b. The sign(s) shall be clearly inte-
grated with the architecture of the
building, and shall be consistent in
design, format, and materials with
the architecture ofthe proposed build-
ing.
> c. The sign(s) shall not either project
above any roof or exceed a height of
fourteen (14) feet.
d. Wall signs shall display only one (1)
surface and shall not be mounted
more than six (6) inches from any
wall.
e. When more than one (1) tenant sign
is used on one (1) building, all tenant
signage shall be consistent in size,
materials, and placement.
f. The maximum size of sign letters
and logos, including any sign back-
grounds, shall be twenty-four (24)
inches in height for individual ten-
ants other than anchor tenants. The
maximum height ofletters and logos
for anchor tenants in a retail center
shall not exceed twenty-five (25) per-
1385
~ 20-470
WINTER SPRINGS CODE
cent of the building height. An an-
chor tenant is defined as the major
retail store(s) in a center that is/are
in excess of one hundred (100) front
feet and a minimum area of ten
thousand (10,000) square feet.
g. The length of the sign may occupy
up to seventy (70) percent of the
linear feet of the storefront the busi-
ness occupies. The anchor tenant
may have the signage permitted for
a building mounted single tenant
identification sign.
h. For office buildings without separate
exterior tenant entrances, one wall
sign not exceeding two (2) square
feet shall be permitted identifying
each individual tenant. The sign shall
be located adjacent to the building
entrance.
(4) Building mounted single tenant identifi-
cation sign: In addition to the ground-
mounted identification sign, a building
mounted identification sign may be per-
mitted consistent with the following crite-
ria:
a. Shall only advertise one (1) person,
firm, company, corporation or major
enterprise occupying the premises.
b. The identification sign is located on
the exterior wall of a building.
c. The sign shall be clearly integrated
with the architecture.
d. The sign shall not either project above
any roof or exceed the height of four-
teen (14) feet.
e. The sign shall display only one (1)
surface and shall not project more
than six (6) inches from any wall.
f. Signs shall conform to the following
schedule:
Building Size
(Gross Floor Area)
Less than 50,000
square feet
50,000 to 100,000
square feet
Over 100,000
square feet
Max. Copy Area
16 square feet
32 square feet
48 square feet
Max. Letter Height
2 feet
25% height of
building
25% height of
building
(5) Additional signs/variances: Under spe-
cial circumstances, such as for parcels on
corner lots, additional signs consistent
with these design standards may be ap-
proved by the city commission, upon a
request submitted to the board of adjust-
ment pursuant to sections 20-82 and 20-83
of the City Code. The board of adjustment
shall recommend variances of this sign
code in specific cases where such vari-
ances will not be contrary to the public
interest and where, due to special condi-
tions, a literal translation ofthis sign code
would result in unnecessary hardship. All
Supp. No.5
requirements, procedures, findings and
appeals of sign code variances shall follow
those provisions for zoning variances.
(6) Commercial outdoor advertising (i.e., bill-
boards). Off-site advertising signs such as
billboards are prohibited.
(7) Changeable copy signs. In order to create
continuity throughout the corridor all
changeable copy signs shall be as follows:
a. The sign cabinet shall be all alumi-
num extrusion or better as approved
by staff. Changeable copy signs may
be incorporated into permitted signs
1386
ATTACHMENT D
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Katherine W. Latorre, Esquire
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D' Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("Third Modification"), made and executed this _ day of , 2006, by
and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City")
whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and McGABA, LLC., a Florida
limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs,
FL 32708.
WHEREAS, McGaba and the City entered into a Binding Development Agreement
dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of Seminole
County, Florida (the "Agreement")'; and
WHEREAS, a First Modification to Binding Development Agreement, dated February
26, 2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County,
Florida ("First Modification"); and
WHEREAS, a Second Modification to Binding Development Agreement, dated July 1,
2004, was recorded in Official Records Book 06153, Page 59-62, of Seminole County, Florida
("Second Modification"); and
WHEREAS, the parties desire to further modify the Agreement to allow McGaba to
construct a building mounted tenant identification sign which exceeds the City's Code's
maximum height allowance in the State Road 434 Corridor Overlay District's General Design
Standards for New Development Area; and
WHEREAS, the City is authorized by section 20-474, Winter Springs City Code, to enter
into a development agreement with a developer to set forth terms and conditions appropriate to
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page I of 4
meet the circumstances of the specific proposed development and to vary the standards of the
State Road 434 Corridor Overlay District, including signage; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement, First Modification and Second Modification not expressly modified by this Third
Modification shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Third Modification.
2.0 Code Waiver for Restaurant Space Tenant Signs. Pursuant to section 20-474,
Winter Springs City Code, the City agrees to vary the building signage restrictions for the 6,000
square foot restaurant space ("restaurant space"), as the restaurant space is depicted on the signed
and sealed engineering plans for the project approved by the City Commission on July 12,2004,
as follows:
2.1 Building Mounted Single Tenant Identification Signs. McGaba is hereby
granted a waiver from the fourteen foot (14') maximum height allowance for the
restaurant space building mounted single tenant identification signs as set forth in section
20-470(3)c of the City Code. McGaba may erect two (2) building mounted single tenant
identification signs for the restaurant space, one (1) on the north and one (1) on the east
side of the restaurant space. The building mounted tenant identification signs for the
restaurant space may not exceed a height of twenty-one feet four inches (21'4") when
measured from ground level to the top of the sign.
3.0 Recordation. This Third Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions of the Agreement, First Modification,
Second Modification and other development approvals by the City for the project, which are not
expressly and specifically modified by this Third Modification, shall continue to remain in full
force and effect.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 2 of 4
Signed, sealed and delivered in the
Presence of the following witnesses:
McGABA, LLC,
a Florida limited liability company
Printed Name of Witness
By:
Printed Name of Witness
SHIRLEY MACKERL Y
Its President
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2006, by SHIRLEY MACKERLY, as President of McGABA, LLC, a Florida limited liability
company, who is personally known to me or who has produced
as identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamped)
Notary Public, State of
Commission No.:
My Commission Expires:
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 3 of 4
ATTEST:
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
By:
ANDREA LORENZO-LUACES
City Clerk
By:
JOHN F. BUSH
Mayor
(City Seal)
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 4 of 4
YEN YEN Picture
111111111111111111111111111111111111111111111111111111111111
'.
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 86437 Pgs 1204 - 1207; (4pgs>
CLERK'S # 2006160895
RECORDED 10/09/2006 08:20:26 AM
RECORDING FEES 3S.S0
RECORDED BY H Bailey
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
v
Katherine W. Latorre, Esquire
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS THIRD MODIFICATION TO BIND~G DEVELOP EN AGREEMENT
("Third Modification"), made and executed this & day of , 2006, by
and between the CITY OF WINTER SPRINGS, a Florida mun cipal corporation ("City")
whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and McGABA, LLC., a Florida
limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs,
FL 32708.
WHEREAS, McGaba and the City entered into a Binding Development Agreement
dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of Seminole
County, Florida (the "Agreement")'; and
WHEREAS, a First Modification to Binding Development Agreement, dated February
26, 2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County,
Florida ("First Modification"); and
WHEREAS, a Second Modification to Binding Development Agreement, dated July 1,
2004, was recorded in Official Records Book 06153, Page 59-62, of Seminole County, Florida
("Second Modification"); and
WHEREAS, the parties desire to further modify the Agreement to allow McGaba to
construct a building mounted tenant identification sign which exceeds the City's Code's
maximum height allowance in the State Road 434 Corridor Overlay District's General Design
Standards for New Development Area; and
WHEREAS, the City is authorized by section 20-474, Winter Springs City Code, to enter
into a development agreement with a developer to set forth terms and conditions appropriate to
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 1 of 4
meet the circumstances of the specific proposed development and to vary the standards of the
State Road 434 Corridor Overlay District, including signage; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement, First Modification and Second Modification not expressly modified by this Third
Modification shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Third Modification.
2.0 Code Waiver for Restaurant Space Tenant Signs. Pursuant to section 20-474,
Winter Springs City Code, the City agrees to vary the building signage restrictions for the 6,000
square foot restaurant space ("restaurant space"), as the restaurant space is depicted on the signed
and sealed engineering plans for the project approved by the City Commission on July 12,2004,
as follows:
2.1 Building Mounted Single Tenant Identification Signs. McGaba is hereby
granted a waiver from the fourteen foot (14') maximum height allowance for the
restaurant space building mounted single tenant identification signs as set forth in section
20-470(3)c of the City Code. McGaba may erect two (2) building mounted single tenant
identification signs for the restaurant space, one (1) on the north and one (1) on the east
side of the restaurant space. The building mounted tenant identification signs for the
restaurant space may not exceed a height of twenty-one feet four inches (21 '4") when
measured from ground level to the top of the sign.
3.0 Recordation. This Third Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions of the Agreement, First Modification,
Second Modification and other development approvals by the City for the project, which are not
expressly and specifically modified by this Third Modification, shall continue to remain in full
force and effect.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 2 of 4
'..
Signed, sealed and delivered in the
Presence of the following witnesses:
"
. ) ~L2!.dl~ ('
'- '..,.' '.
'7ai~ ^-
PATRICIA C Wil.klE ---
P':ed Name of Witness dJ
McGABA, LLC,
a Florida limited liability company
~
~: -
SIllRLE MACKE~
Its President
STATE OF FLOIUDA
COUNTY OF j '~JI1 i VoLe
The foregoing instrument was acknowledged before me this a day of 5lI>T 1#1 <<..i<..
2006, by SHIRLEY MACKERL Y, as President of McGABA, LLC, a Florida limited liability
company, who is personally known to me or who has produced
"'":- -----
as identification.
i~1\. M. RoaenbIatt
\ c..'J-.J My Commillion 00220t6<<J
-~~ Expire~ September 28.2007
f.l/J1tp bl. S;
otary u IC 19nature
!V\ p OS € Jl./ 1St- ~J\
(Name typed, printed or st~p'edJ ~ It
Notary Public, State of 't \ ~
Commission No.: J)J) '22- '+, yo .
My Commission Expires: cr )U/UcJ 7
. ,
(NOTARY SEAL)
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 3 of 4
" . ~ .
ATTEST: I
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
By:
f~U
AN.. 1;ORENZO-LUACES
,.... . '\'1
_.~ City (j;l~r.Kiil,
,I'" ... 't. ! r; 'I,
......,,~ . . f . . . . v'~. "\_ 1
':>..' '. . - ,
..c!jo ..' (Citr}~al). -'~ J,
~~.... :fl_,. '. "f~
. .
~>: ~ '.->1
to ,-.:: :.': :.
~ <:'>. 0 -:.."'.,........ ~
; c;;:; ; oS' .--".-"
" .~ .. ",' ~ :..t"i":;:
t "::..... a 1. \-.. ':",':';~
<~. .4f1 ..~',..'~:;
1,,-' l...l).... '......-.... ~_-
',..lr"' 'D ~
'. t: 11. ...
, ,. \ ~. ~ "'. --. '\
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 4 of 4