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HomeMy WebLinkAbout1998 04 13 Regular Item B C~OMMISSION AGENDA (UPDA TED) Il~EM B Regular X Consent Informational AQrill3, 1998 Meeting MGR.Il~ /Dept.~ REQUEST: Community Development Department - Land Development Division presents to the City Commission the recommendation of the Planning and Zoning Board as it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcel IB. PURPOSE: The purpose of this agenda item is for the City Commission to hold a 2nd Public Hearing to consider the recommendation of the Planning and Zoning Board as it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcel 1 B. Parcel IB is located at the northeast intersection of Vista willa Drive and S,R. 434, extends eastward on the south side of S,R. 434 approximately 2,160 feet, then south southwest approximately 450 feet, then westward approximately 2,100 feet and then north northeast to the point of beginning approximately 450 feet. APPLICABLE CODE: S.R. 434 CORRIDOR VISION PLAN, NEW DEVELOPMENT AREA Section 20-449. Setbacks (1) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: S,R. 434 Collector Street Internal Street Side Rear Buildings 50 feet 35 feet 15 feet 1 0 feet 1 0 feet Parking I 5 feet I 5 feet 15 feet 5 feet 5 feet April 13, 1998 REGULAR AGENDA ITEM B (Updated) Page 2 Sedion 20-454. Signs. All ~;igns and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the Design Review Board if such signs or sign elements are visible from adjacent properties or a street right-of-way, (a) Ground Mounted Multi-Tenant or Project Identification Sign, For each multi-tenant development under separate ownership, one (I) wide- based monument style, permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted, For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted, The minimum separation for all signs on an individual ownership shall be two hundred (200) feet and: (1) Shall only advertise the name of the commercial development companies, corporation or major enterprises within the commercial development. The primary address of the building shall be incorporated into the sign with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area, (2) Shall be located no closer than fifteen (15) feet from front, side, or rear property lines, (3) Shall have a maximum of two (2) faces, (4) Shall be consistent in design, format and materials with the architecture of the proposed building(s), (5) An entry wall sign shall not be higher than eight (8) feet above the closest vehicular use area, (6) Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the sign, Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. April 13, 1998 REGULAR AGENDA ITEM B (Updated) Page 3 (7) Signs shall be in accordance with the following schedule: Building Size (Gross Floor Area) Maximum Copy Area Maximum Height Under 75,000 square feet 75,000 - 250,000 square feet Over 250,000 square feet 32 square feet 48 square feet 64 square feet 12 feet 14 feet 16 feet (8) Multi-tenant centers are permitted additional signs for anchor tenants according to the following schedule: Building Size (Gross Floor Area) Anchor Tenant Additional Signs Under 75,000 square feet 75,000 - 250,000 square feet Over 250,000 square feet 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 of ten thousand (10,000) square feet. Section 20-458. Development Agreement Any developer may propose to enter into a Development Agreement with the City designed to set forth terms and conditions appropriate to meet the circumstances of the specific proposed development Such Development Agreement shall be reviewed and approved by the City Commission, The City Commission may vary the standards of this ordinance, including building or perimeter setbacks, parking standards, signage, and other standards, If an increase in building height beyond fifty-five (55) feet is requested, the City Commission must find that Fire Department capabilities are adequate as to address the change, Such consideration shall be based on building site constraints or physical characteristics of the property; provided specifically, however, that any such concessions for a constrained site :shall only be considered by the City Commission in a Development Agreement if enhanced perimeter landscaping or buffering is provided to assure that the objectives of this ordinance are achieved, April 13, 1998 REGULAR AGE1\DA ITEM B (Updated) Page 4 SeCltion 20-459. Corridor Design Review Board The Development Review Committee shall serve as the Corridor Design Review Board for development in the New Development Area Overlay Zoning District of the S.R. 434 Corridor and shall review such developments for a unifying theme according to the design standards and make recommendation(s) to the Planning and Zoning Board, The Design Review Board shall review and make a recommendation regarding any proposed Development Agreement pursuant to Section 20-458 of this Code, FIOI'ida Statutes 163.3225. Public Hearings (1) Before entering into, amending, or revoking a development agreement, a local government shall conduct at least two public hearings, At the option of the governing body, one of the public hearings may be held by the local planning agency, (2)(a) Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing in a newspaper of general circulation and readership in the county where the local government is located, Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing, The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing, (2)(b) The notice shall specify the location of the land subject to the development agreement, the development use's proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained, CONSIDERA TIONS: 1) The developer is requesting that the Hess ground monument sign have a copy area of fifty five (55) square feet (each side), April 13, 1998 REGULAR AGENDA ITEM B (Updated) Page 5 2) The developer is requesting a reduction in the established building setback for the Hess site only to forty nine and one half (49 1/2) feet from the required fifty (50) feet from the State Road 434 right of way, (3) The developer is proposing an enhanced landscape buffer State Road 434 of twenty five (25) feet rather than the fifteen (15) feet required by the Conidor Design Standards, The landscaped buffer will include large canopy trees, understory trees, low prostrate ground cover, accent shrubs, interior perimeter hedge and a berm not to exceed three (3) feet in height. (4) The developer is requesting that the building and internal site signage be one hundred ninety three and 1/2 (193 1/2)) square feet of copy area for the Hess site, FINDINGS: (1) The site has certain environmental characteristics which constrains the development of the property for uses permitted in the commercial land use and Settlement Agreement Ordinance No, 489, (2) Acceptable remedies to the site constraints are defined in the attached Development Agreement. (3) The concept of a minim-mart (combination convenience store, snack shop(s) and gasoline sales) is a new business venture in the City of Winter Springs and was not addressed during the corridor vision plans as it relates to signage. (4) The City Commission adopted Ordinance No, 610 on July 8, 1996 allowing a mini-mart type establishment to locate in C-1 Neighborhood Commercial Zoning District. (5) The existing sign ordinance does not address this type business, (6) The City Commission is authorized to enter into a Development Agreement which could vary the standards of the corridor vision plan as it relates to building and perimeter setbacks, parking standards, sign standards, and other standards, April 13, 1998 REGULAR AGENDA ITEM B (Updated) Page 6 (7) The developer has proposed an enhanced landscaping plan and a greater buffer area along S,R. 434 than that required by the corridor vision plan, (8) The Development Review Committee has reviewed the proposed Master Development Program and the Hess Final Engineering and offer no objections to the program and the engineering as presented, (9) The Planning and Zoning Board recommended approval of the Master Development Program and the Hess Final Engineering. (10) The requirements of Florida Statutes, 163,3225 have been satisfied, (11) The developer has agreed to eliminate the placement of a carwash on any parcel within Tuscawilla Tract 15, Parcell B. RECOMMENDATION: It is recommended that the Commission approve the Development Agreement. ATTACHMENT: Proposed Development Agreement (Revised) COMMISSION ACTION: DEVELOPER'S AGREEMENT TUSCAwrt.T.A TRACT IS PARCEL I-B This DEVELOPMENT AGREEME:NT by and between Robert Yeager, TRUSTEE (hereinafter called "Property Owner') and the City ofWurter Springs, a Florida municipal corporation (hereinafter called tithe City") is entered into pursuant to City Code, and is intended to constitute a. covenant covering the property described herein. This Agreement is based on the following premises: Whereas, the rc~ property described herein as Parcel IB of Tract 15 of the Tuscawilla P.U.D., further described on Exhibit "A" attached hereto is located within the City limits of the City; and Whereas, the rc:a1 property is subject to certain land development regulations of the City, including the "S.R. 434 Corridor Vision Plan: New Development Area" (Ordinance No. 675 of the City); and Whereas. the re,1l property is subject to a Settlement Agreement set forth in Ordinance 489 and recorded at Official Records Book 2277, pages 0464 through 0500, Public Records of Seminole County, Florida (hereinafter call "the Settlement Agreement"); and Whereas, parties concur that this Agreement deals with issues separate from the issues addressed in said Settlem.ent Agreement, and this Agreement should be construed as consistent with the said Settlement Agrel=ment, and in the event of conflict between the terms of this Agreement and the Settlement Agreement, the Settlement Agreement shall preva.tl; and Whereas, this property has received a Certificate of Vested Rights Special Use Permit from the City on August 4, 1993, which is in full force and effect, and this Agreement shall not cause to affect the vesting status of this property; and Whereas, th~: City agrees that Parcel IB of Tract 15 of the Tuscawilla P.U.D. may be subdivided and developed into a maximum offive (5) parcels planed as provided by law; and Whereas, an application for final engineering approval and permit was submitted to the City prior to the adoption of Ordinance No. 675 for one parcel located at the southeast comer of the intersection of Vista willa Drive and State Road 434 (hereinafter caI1 the Hess Site, as depicted in Exhibit ''B'' attached hl:reto), and Property Owner and City agree that this Development Agreement should address specific issues relating to development of said Hess site; and Whereas, Sections 20-458 and 20-459 of Ordinance No.67S. the !lS.R 434 Corridor Vision Plan: New Development Area" provide for a Development Agreement for real property such as that described on Exhibit It A" and Exhibit liB" upon a finding that the site is constrained, and extra development enhancements are provided by the Property Owner to preclude or mitigate against any impacts upon abutting properties or the S.R 434 conidor; and, Whereas, the City Commission of the City of Winter Springs finds that the real property described in this Agreement is constrained by width, proximity to water retention areas to the rear of the property, and by wetlands; and Whereas, the Cjty Conunission finds that Property Owner is making 'sufficient development concessions and enhao.cements on the real property described on Exhibit II A" to authorize a Development AgreemE~nt for the Hess site described on Exhibit "B", attached hereto and by this reference incorporated nerein; and Whereas, in comiideration for the City entering into this Agreement, the Property Owner has agreed to provide certain enhancements for the entire parcel (such as landscaping) and certain common design themes or criteria (a unifonn ground mounted sign system for the individual parcels). 2 NOW THEREFO~ be it agreed as follows: 1. Premises Incorporated Herein The City and the Property 0wneJ: hereby agree that the foregoing premises are true and Correct. 2. Prooerty A.ffj~cted 2.1 The n:al property described on Exhibit "A" ,constitutes the entire property subject to .... this Developltlent Agreement. A consideration for the City entering into this Agreement is that certain enhancements (such as enhanced landscaping and a six (6~ food masonry wall along the rear of the subject property) and certain common design themes or criteria (a uniform ground mounted sign system for the site) are being proposed by the Property Owner and accepted by the City. Certain requirements set forth herein, therefore, apply to the entire property (Exhibit "A"). 2.2 Such a, specific implementing development agreement is created for the Hess site (ExhJbit "B") in this Agreement. Certain development obligations are being agreed to by and between the Property Owner and the City as the standards governing certain aspects of development of the Hess site. 2.3 Where [1:0 requirements concerning a development issue are set forth in this agreement fur the real property described on Exhibit "A" or Exhibit "BII, then the standards set forth in the "State Road 434 Corridor Vision Plan: New Development Area" standards shall first apply. and ifno standards exist in said ordinance, then other applicable City Code provisions shall govern development of the property. 3 2.4 This ,~eement does not and cannot exempt any real property from complying with state or loccLllaw or ordinances relating to platting. environmental permitting, wetlands regulations, S1:ormwater, or other matters nor any development issues not directly addressed by this Agreement. 3. ~lced Landscaping. Sidewalks. Wall. and Retention Ponds. The development of all or any part of the real property described on Exlu'bit "A" shall be subject to the enhanced landscaping including benns and meandering sidewalks (to the extent such meanders and additional width ~~e allowed by the Florida Depat1:Inent of Transportation (DOT)), as set forth on the Master Deve!opment Program for Tuscawilla Tract IS, Parce11-B (Sheets 2 &. 3), dated December 23, 1997, and revised February 23, 1998 and March 4, 1998, prepared by Bower- Singleton and Associates, Inc. (hereinafter called the Mater Development Program), and on file with the Office of the City Clerk, Wmter Springs, Florida. The enhanced landscaping to be provided by and at the cost to the Property Owner per the terms and conditions of the follOwing: 3.1 The enhanced landscaping specified herein shall be provided by the Property Owner or his heirs, assigns, successors. or agents, as a condition of development of the property and at the time ofinstallation of other site related improvements for each parcel created from the real property dl:scn"bed on Exlu'bit I'AI' of this Agreement. 3.2 The He:ss site described on Exhibit liB II shall be subject to and comply with the landscaping spl~i1icatiOns set forth on the Master Development Program, on file with the Office of the a~Y' Oed; Wmter Springs Florida, as a Final Engineering Permit condition for site developmer.lt of said parcel. 4 3.3 The City agrees that the enhanced landscaping together with a six foot masonry wall at or along the rear (south) boundary of the property described on Exhibit "A" in the Master Development Program separating the commercial property from the adjacent residential property to the: south are acceptable buffers in consideration of the intent of the State Road 434 Corridor Vision Plan New Development Area Ordinance, constraints of the site and potential impa.:t on the surrounding properties. 3,4 Landscape and wall construction plans shall be incorporated into the construction documents. FaUure of the Property Owner or his assigns to install the landscaping and six (6') masonry wall (as lots are developed), agreed to and required by this Agreement shall be a breach of this Agreement and shall constitute a basis authorizing of the City to withhold issuance of pc~nnits, and/or certificates of occupancy, until the landscaping and wall construction obligations imposed by this Agreement are fully complied with. 3.5 This Agreement obligates the Property Owner to install a meandering six (6') foot wide sidewalk along the State Road 434 frontage of this property as shown on the Master Development PmgraIn. The City acknowledges that the landscape design depicted on Sheet 3 of the Master Development Program requires use ofD.Q,T. State Road 434 right~of-way and modificatiClln of D.O. T. sidewalk placement and width requirements and therefore is subject to review and approval by the D.O.!. It shall be the Property Owner's obligation to obtain said approval with the cooperation and assistance of the City. In the event this cannot be accomplished, the design shall be modified and all landscaping will be constructed south of the road, right-of-way within the Property Owner's property with the sidewalk being constructed by Ii .D.O. T, 5 3.6 Retention ponds shall not be constructed at a slope steeper than four (4) horizontal to one (1) vertical. 3.7 Property Owner agrees to comply with aIl1and~ping requirements of the SR 434 Visioning Plan Ordinance not sp:cifica11y provided for iIi-this Agreement. 4. Sign Design Rl~jrements. As mutual consideratiol1 by and between the City and the Property Owner the signage for the entire property described on :Exhibit II A" shall be in accordance with the design and specifications per the Master Development ]:lrOgram, Sheets 2 and 3. 4.1 As to the entire property on Exh1bit nAil, the uniform design signage fronting on State Road 434 shall be that size, bulk and height and design as set forth on Sheet 3 of the Master Development l:lrogram and shall be constructed by the Property Owner or successors in accordance with, the aforementioned plans. The City agrees to the number and placement of signs as depicted on Sheet 2 of the Master Development Program. 4.2 As to the Hess site (Exln'bit "B ") the building signage and internal site signage shall be that set forth on the unifonn sign plan on file with the City, as pages A-I (dated December 10, 1997) and F'age CE-I (dated January 23, 1998) by Metsky-Zuckerman, Architects and P1annen. BuiIdiJ]g and internal site signagc shaII not exceed 193.5 square feet of copy space. Ground mounted signage shall not exceed a total of 110 square feet of copy space. The City acknowledges that the Hess site signage exceeds the square footage area allowed under Ordinance No. 675 in Section 20-454 but permitted in Sections 20-458 and 20-459. 6 5.0 Setbacks for Parl:ell-B of Tract 15. The building setbacks for the Property described on Exhibit "A" shall be fifty (50) feet (except on the Hess site described on Bdubit lOB") wbich shall be set back 49' 6" from the adjacent right-of-way line of State Road 434 in recognition of the enhanced landscaping for said site. The setback for all other amenities (other than buildings) shall be twenty five (251) feet from the State Road 434 Right of Way and .fifteen (15) feet from, Vista Willa Drive. In the event of a default by the Property Owner in the installation of the lands<caping to tract IB per the Master Development Program or failure to maintain said landscaping , as required by City Code) then the setbacks pursuant to City Code shall apply to said Tract or part thereof. 6.0 Hess Site (Exhibit "B") Design Amenities. The Property Owner has agreed that the - building design for the Hess site is modified to provide that the green stripe around the building (generally parallel to the ground) will not be back lit with actificiallighting. 7.0 No CatW:ash Land Use on Tract 15. Parce11B TheProperty Owner agrees that not\Vitbstanding the land uses pennitted in the Settlement Agreement, no approval for a carwash shall be sought or permitted Cl'n the property described on Exhibit A of this Agreement. 8.0 Property Owner's Association. There shall be a mandato<ry Property Owner's Association responsible for the ongoing maintenance of the landscaping, road~~ retention ponds, amenities and other common areas and facilities. 9.0 Grace Pe:nodlrime to Cure. In the event the City determines the Property Owner .or Successor is not in compliance with the . landscaping installation as: required by this Agreement, or tails to maintain the landscaping as required by City Code, the City shall provide written notice of violation to the Property Owner of the subject 7 parcel or parcels, stating the specific nature of the violation and the COITective actions to be taken to cure said non..compmmce. The Property Owner shan have thirty (30) days from receipt of said notice in which to cure the violation before the City can declare a default under this Agreement. 10.0 Pursulant to the requirement of state law, the parties acknowledge and agree. (a) ~:ion of AlUeement. This Agreement shall be recorded in the public records of Seminole County at cost to the Property Owner and shall be a covenant running with the land. (b) Development issuet" Development issues shall be those permitted and controlled (such as building height, permitted uses, parking requirements and other development standards by existing City Code, including Ordinance No. 675 and the Settlement Agreement, except as said. site development standards are specifically modified herein. (c) ~ment Consistent with Comprehensive Plan. The City commission, and the local planning agency, have found that the land uses and development proposed are consistent with the City's Comprehensive Plan. By entering into this Developm~nt Agreement, the City Commission flnds this Agreement consistent with the City's Comprehensive Plan. (d) Compliance With Other Laws. The failure of this Agreement to address a particular pennit, condition, term or restriction shall not relieve the Property Owner of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. 8 11.0 EnJ:orcementIV enue. This agreement may be enforced by parties to it by bringing action in the Court of proper jurisdiction to interpret or enti:>rce the provisions of this Agreement. Venue of any such shall be in Seminole County, Florida. 12.0 ~:ies Bound. This Agreement s.ball be recorded in the Public Records of Seminole County, Florida and shall be binding on the heinl, assigns or successors to the Parties to this Agreement. DONE AND AGREED on this _ day of . 1998. WITNESS PROPERTY OWNER: NAl\ffi: ROBERT YEAGER, TRUSTEE NAME: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of . 1998 by Robert Yeager, as Trustee. He is personally known to me, or has produced as identification. NOTARYPUBUC, STATE OF FLORIDA Print My commission expires 9 ATTEST: CITY CLERK STATE OF FLORlDA COUNTY OF CITY OF WINTER SPRINGS , PAULP. PARTYKA, MAYOR The foregoll1lg instrument was acknowledged before me this _ day of February 1998, by Paul P. Partyka, Mayor of the City ofWmter Springs, Florida He is personally lmown to me, or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Print My commission expires 10 "MAR 04 '98 09: 31AM KF~UPPENBACHER & ASSC .... p~W~ ~Ei( .. - . . I PARCEl.. I' a I OEseR I PT 1011111 COrrrnlilr'lCe 01' 'the No......he(l$1' co...ne,. 01 Seci'lon 8. Townsnlp 21 S~U+h. Ronoe 31 E:CI&1'. Sernlnolo Coun+y. 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E olong sord Sou+h ~IQht.o.,-Woy I Ine ~or d dT&?onoe O~ 6J9.86 "00+ ~o +he We~+ R10h+-o-f-Woy I fne 0" t,..,e B J ac:k HorrmoCI<. Br-oneh 01' T"'e Seoboord C0051' Line Ra' 11'"0001 +~onoe run S 06.21.38" W clong 60ld WeST Rrgh+-OT~Way lIne ~or 0 dla+once 0-1' 502.66 ~ee+. +hence leovlno $old Wes+ RIQ~+.o~-Woy Iln9...un N 89-32.22- W 1'o~ a diSTance O~ IOJ9.J~ 1ee+ ~o ~~Q POINT or BEGtNNtNC. LESSI RIQ~t.of-WoY io... [oat.,.n Bel+woy per order O~ TQklng irl&d ~}' 30, 1~91 In 01."cfal Re~ords BOQk 2299, Pa~e 964. AND .lSO L..E::l.S I l'JiE RIGHT OF W,;"Y OF' S.ff. 4343 AS D~FtNED IN T~E O~OER OF T~~lN~ DATED ~RCH 24. 1994. In 01'flclol ReCOI"'da Book, 2141. Pooo "96. PUl>l Ie R.co...ds crl Seminole COIJ1n+y, 'FIO...Ido. FROM 407-426-7767 SJ-04-9S 10:38 AM P12 , . MAR 04 ' 98 09: 31AM Kf;~UPPENBACHER & ASSC -r . 13/ SXHJBrr It, ,8 ~~ LEGAL DESCRIPTION BEING A PORTION OF' LOT 19, PHIWP Ft YONGE GRANT, AS RECORDED IN PLAT BOOK PAGE " PAG~S 35 THRU 38, PUBUC RECORDS OF' SEMINOLE COUNTY, FlORIDA, MORE PAR11CULARL Y Oe:SCRIBEO AS FOLLOWS: ' FROM THE MOST NORTHEASTERLY CORNER OF V1STA'MLLA DRI~, AS RECORDED IN PLAT BOOK 47, PAGES 60 &; 61, OF THE PUBUC RECORDS OF SEMINOLE: CCXJNTY, FLORIDA, SAID CORNER ALSO SEING ON THE MOST SOUTHERLY RIGHT-OF-WAY UNE OF STATE ROAD 4.34, AS A POINT Of BEGINNING, RlIN Se9'~4'41.E ALONG THE SOUlHERLY RIGHT-OF-WAY UNE or SAID STATE ROAD 4J4 A DISTANCE OF' 250.00 FEET; l}/ENCE OEPARTlNG THE SOUTHERLY RIGHT-OF -WAY UNE OF SAID STATE ROAD 434 RUN SOO"2S'19.W AT RIGHT ANGLES A DISTANCE OF 256.00 FEET; lliE~CE N69"J4'4'.W PARALLEL W1'TH THE SOUTHERLY RIGHT-OF-WAY UNE OF SAID STATE ROAD 434 A DISTANCE OF 254.89 Ff;ET TO AN INTERSl::CTlON 'MTH THE EASTERLY RIGHT-or-WAY UNE OF SAID VlSTAWlu.A DRIVE; RUN THENCE ALONG THE EASTERLY RIGHT-OF-WAY UNE OF SAID V1STAWlLLA DRIVE THE F'OLLO'MNG COURSES AND OISTANCES; NOS'CIS'SO"E A DISTANCE Of 4-8.97 rEET TO A POINT OF INTERSECTION AS SHO'rItN ON SAID, V1STA'MLLA DRIVE: PLAT. '/liENeE N00"26' 45~E A DISTANCE: Of' 207.28 FEET TO "Il-lE POINT OF BEGINNING. CONTAINING 1.47 ACRES MORE OR LESS. FROM 407-426-7767 'J 3 - 0 4 - 9 8 1 0 : 3 8 AM P13