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HomeMy WebLinkAbout1998 11 23 Regular Item E COMMISSION AGENDA ITEM E Consent Information Public Hearin Re ula r xx November 23. 1998 Meeting REQUEST: Community Development Department, Land Development Division, requesting that the Commission take from the table the Kash n'Karry/Courtney Springs Apartments preliminary engineering/final development plan, to discuss items to be included in a proposed Development Agreement and to define the conditions under which the Commission is willing to approve the preliminary engineering and final development plan. PURPOSE: The purpose of this Agenda item is to have the Commission take this item off the table and continue discussion and to take action on the preliminary engineering/ final development plan. FINDINGS: The Commission, at their meeting of November 9, 1998, tabled Regular Agenda Item E providing for action on the recommendation of the Planning and Zoning Board as it relates to the Kash n'Karry/Courtney Springs Apartments preliminary engineering/final development plan and to discuss items to be included in a proposed Development Agreement. This action was taken as a result of unresolved variance requests to be included in the proposed Development Agreement. RECOMMENDA TION: The Commission remove the item from the table for discussion and action relative to the terms and conditions under which the Commission will approve the preliminary engineering and final development plan and related Development Agreement. November 23, 1998 REGULAR AGENDA ITEM E Page 2 ATTACHMENTS: November 9, 1998 - Agenda Item E (without attachments) COMMISSION ACTION: COMMISSION AGENDA ITEM E Consent Information Public Hearing Regula r xx November 9. 1998 Meeting MGR. ~ /Dep~~ REQUEST: Community Development Department, Land Development Division, presents to the Commission the Planning and Zoning Board recommendation as it relates to the Kash n'Karry and the Courtney Springs Apartments preliminary engineering/ final development plan. At this time it is also requested that the Commission discuss items that will be in a proposed Development Agreement as it relates to these projects prior to formal presentation of the agreement on November 23, 1998. PURPOSE: The purpose of this agenda item is to present to the Commission the recommendation of the Planning and Zoning Board as it relates to the Kash n'Karry and Courtney Springs Apartments preliminary engineering/final development plan. These two (2) projects are located to the east of Creek's Run subdivision, south ofSR 434, west of Vista willa Drive and north of Howell Creek . Reserve subdivision. This agenda item will also present to the Commission items to be discussed as it relates to /1 proposed Development Agreements for these , projects. . APPLICABLE CODE: Section 20-355(10) Planning and zoning board review: The planning and zoning board shall review the final development plan and the staff recommendations. The board shall then either recommend approval, approval with modifications, or denial of the plan to the city, stating their reasons for such action. Section 20-357. Final development plan. The fInal development plan, which may include all or a part of the preliminary development plan, shall consist of properly identified exhibits and supporting materials, and shall include the following: November 9, 1998 REGULAR AGENDA ITEM E Page 2 ( 1) Identification of the present owners and developers of all land included in the development. (2) Identification of all consultants involved in the preparation of the final development plan. (3) A location map indicating the relationship between the area proposed for final development, the remainder of the area within the approved preliminary development plan, and the surrounding area. (4) Boundary survey, legal description, and gross acreage of the area submitted for final approval. (5) A preliminary subdivision plan (preliminary plat), if the applicant proposes to create three (3) or more parcels. (6) A plot plan with scaled dimensions including, but not limited to the following: a. The name, location, right-of-way width, and width of pavement of proposed streets, easements, pedestrian ways, bicycle paths, and watercourses. b. The name, location, width and design of existing streets, including abutting arterials within two hundred (200) feet of the subject property. c. The locations, dimensions and uses of all buildings and structures, including proposed property lines, utility plants and permanent signs. d. Open and covered off-street parking areas, including landscaping and external lighting systems. e. Distance of dwelling units from vehicular accessways and parking areas. f Wall, fencing or landscaping between private and common areas, along streets and highways, drainage ways, railroads, and the perimeters of the development. g. Refuse storage areas and method of solid waste disposal. h. Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, and other similar public or semipublic uses. November 9, 1998 REGULAR AGENDA ITEM E Page 3 i. The number and type of permanent or transient dwelling units; the floor area ration of commercial and/or industrial uses; density by number of dwelling units per gross residential building type; minimum setbacks and building separations; maximum lot coverage; minimum floor elevation; and height of structures. (7) A general landscaping and tree planting plan indicating areas of vegetation to be preserved and the proposed method of preservation, in addition to proposed irrigation systems and landscaping materials. (8) Design elevations and/or renderings of all proposed buildings or structures. (9) Total acreage and types of open space and recreation. (10) Specific recreational facilities and improvements. (11) Preliminary engineering plans for roads, water, fire protection, sanitary sewer, and stormwater management systems including. existing ground surfaces and proposed elevations; typical cross-sections of proposed grading; streets and sidewalks; canals and waterways; and proposed types of pavement. All plans must be approved by the City Engineer. (12) Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development. Such documents shall indicate to the satisfaction of the city council an acceptable method of ensuring that all obligations and improvements designated in the final development plan can and shall be completed. Bonds or an escrow account may be necessary in order to satisfy this requirement. a. The covenants, conditions, restrictions, agreements or grants which govern the use, maintenance, and continued protection of buildings, structures, landscaping, common open spaces, recreational areas and facilities within the development shall specifically include a detailed outline of the following: I. Uses; 2. Building height limitations; 3. Building area limitations; 4. Front, rear and side yard setbacks; 5. Lot area coverage; November 9, 1998 REGULAR AGENDA ITEM E Page 4 6. Minimum living area; 7. Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwellings" or "all appurtenant buildings, swimming pools, screen enclosures, or other additions shall be at the rear of and within the encompassed by a rearward extension of the sidelines of primary dwelling; " 8. Off-street parking requirements, both enclosed and open, and authorized locations for same. A developer or owner of a planned unit development, as a condition to received approval ofPUD zoning or approval of a preliminary final development plan shall agree as a condition thereof that these covenants, conditions, restrictions, agreements or grants shall be enforceable by the city and that the city shall be a proper party plaintiff to enforce the same in law or equity in any court of competent jurisdiction. In addition, no permits shall be issued for buildings in a planned unit development that does not conform with the requirements above. b. In currently approved planned unit developments, the requirements of subsection (12)a. above which are contained in currently listed or subsequently revised covenants, conditions, restrictions, agreements or grants shall be enforceable by the city in law or equity in any court of competent jurisdiction. (13) All exhibits must indicate the title, name, graphic scale, and date of submittal and any subsequent revisions. (14) In order to protect the public interest, the planning and zoning board and/or city commission may request any additional information deemed necessary for the decision- making process. Submittal of this additional information could result in the denial of the application. CHRONOLOGY: July 18, 1998 - Pre-application Meeting with Staff August 10, 1998 - Conceptual Plan presented to Commission November 9, 1998 REGULAR AGENDA ITEM E Page 5 August 24, 1998 - Preliminary EngineeringlFinal Development Plan submitted September IS, 1998 - Staff Preliminary Meeting October 21, 1998 - Telephone Poll of Staff conducted and Staff recommended that the project be forwarded to the P&Z Board for their consideration Presentation to the P&Z Board and the Board recommended that the project be favorably forwarded to the Commission for action October 28, 1998 FINDINGS: The Staffhas determined that the preliminary engineering plans meet the requirements to proceed to the final engineering submittals contingent upon the comments listed in the City Engineer Letter to Joe Kolb dated October 20, 1998 being addressed. The applicant has requested some variances on both sites and these are to be addressed as per the Land Development Coordinator Memo dated October 12, 1998. The City Attorney has determined (see Guthrie Memo dated September 10, 1998) that apartments are a valid use on this site. There will not be an association or covenants with this project. The Planning and Zoning Board, at their meeting of October 28, 1998, recommended that the project be favorably forwarded to the Commission for their action, contingent on the engineering concerns being addressed during final engmeenng. PROPOSED DEVELOPMENT AGREEMENT ISSUES: a) Developer desires: 1) Kash n'Karry, in addition to the two (2) authorized multi-tenant signs, is seeking a variance for one (1) additional single tenant sign to be located on the northwest corner of the property. November 9, 1998 REGULAR AGENDA ITEM E Page 6 2) Kash n'Karry is seeking a height variance for the three (3) single tenant signs - one (1) located on the northwest corner of the property, one (I) to be located on the future out parcell, and one (I) to be located on out parcel 2. The out parcels signs are not to be erected at this time, only when development on the parcels occur. The request is for the signs to be 8' 9" in height. The new development corridor standards only allows a height of 8' 0". Note: The actual copy space requested is far below what is permitted. 3) Kash n'Karry is seeking a height variance for all store front, building mounted signs to exceed a height of 14' (corridor standards) to be consistent with the building height. The request for the primary sign is from 25' 6" at base to 33' 6" at top. The mounting for the liquor store and the eastern most retail store is from 19' 6" at base to 21' 6" at top. The mounting for the smaller stores is from 16' 6" at base to 18' 6" at top. E~..,t- 4) Courtney Springs is seeking a reduction of the parking space size for 154 spaces from 10' X 20" (corridor standards) to 9' X 20' for compact cars. 5) Courtney Springs is seeking a variance for the entry wall to be of concrete block and stucco rather than brick, decorative or split-faced concrete block. The applicant desires this to match the decor of the apartment buildings. 6) Courtney Springs is seeking a variance for the use of 12' Wax Myrtle trees, or other fast growing trees, be allowed along the rear boundary of the property rather than canopy trees (corridor standards) along the rear of the property. Approximately twenty two (22) of these trees would be planted. Corridor design standards only require a canopy tree every 75'. This action would allow a sight barrier between the subdivision and the apartments to grow much quicker than the corridor design standards. 7) The owner is requesting that the City acquire ownership of the FDOT retention pond. b) In consideration of the developer requests, the City desires the following: 1) a 6' masonry wall between the projects and the residential area on that property not located in the wetlands; 2) Kash n'Karry designate Out Parcel 2 as office use only; November 9, 1998 REGULAR AGENDA ITEM E Page 7 3) that the owner of the property designate two (2) sites for the Tuscawilla PUD entry signs, one (1) on each side of Vistawilla Drive; 4) provided the City acquires ownership of the FDOT pond, the owner will provide: a) payment for any City costs resulting from the acquisition of the FDOT pond; b) enhanced landscaping around the pond, approved by the City; c) that the entire SR 434 side of the pond have a decorative fence consistent with that approved for the SR 434 frontage for the apartments and secured black vinyl fences on the other 3 sides of the pond; d) a lighted fountain in the pond;V\o ~~~ ",\-~ e) in perpetuity maintenance agreement for landscaping, fencing and operations of the fountain, relative to the pond, provided by the owner; and, f) $1,000,000 insurance coverage for liability. 5) Developer to pay 50% of the cost of under grounding of electric utility lines and poles on SR 434 to the western edge of the FDOT pond ($31,825.50). Note: On August 13, 1998, the City received a letter from Florida Power Corporation providing an estimate of approximately $238,000.00 to underground the electric utilities in front of the proposed apartments and FDOT pond. On October 9, 1998, Florida Power provided a letter establishing the cost to be $54,651.00. The developer represents that the reduced cost resulted from pricing he was able to obtain by combining the Courtney Springs Apartments with larger project in Orlando. The owner, at the City's request, had already spent $9,000.00 to underground electrical utilities in front ofKash n/Karry bringing the total outlay to $63,651.00. The City Manager is proposing that the City and the owner split the cost 50/50. RECOMMENDA TION: The Planning and Zoning Board recommended that the project be favorably forwarded to the City Commission for action contingent on the engineering concerns being addressed during final engineering. Further, the Staff recommends that final engineering not be presented to the Commission until such time that November 9, 1998 REGULAR AGENDA ITEM E Page 8 the proposed development agreement is finalized and has the required two (2) public hearings per Florida Statutes, 163.3225. ATTACHMENTS: October 28, 1998 - Verbatim Transcript ofP&Z Meeting October 20, 1998 - City Engineer Memo to Land Development Coordinator October 20, 1998 - City Engineer Letter to Joe Kolb October 12, 1998 - Land Development Coordinator Memo for Record October 9, 1998 - City Engineer Letter to Joe Kolk September 24, 1998 - Public WorkslUtility Director Memo to Land Development Coordinator September 14, 1998 - Comprehensive Planning Coordinator Memo to Land Development Coordinator September 14, 1998 - Code Enforcement Specialist Memo to Land Development Coordinator September 11, 1998 - Glenn Tolleson Memo to Land Development Coordinator September 10, 1998 - City Attorney Memo to Mayor and City Commission August 3 I, 1998 - Building Official Memo to Land Development Coordinator August 31, 1998 - Fire Chief Memo to Land Development Coordinator August 10, 1998 - City Commission Meeting Minutes - Kash n'Karry Phase I Environmental Site Assessment - Kash n'Karry Listed Species Report - Courtney Springs Phase I Environmental Site Assessment /' November 9, 1998 REGULAR AGENDA ITEM E Page 9 - Courtney Springs Listed Species Report - Undergrounding of Electric Utilities Correspondence a) Florida Power Corporation Letter dated August 13, 1998 b) Florida Power Corporation Work Authorization Form c) Florida Power Corporation Letter dated October 9, 1998 d) Florida Power Corporation Letter dated October 9, 1998 e) Sullivan Properties Letter dated November 2, 1998 - S.R. 434 Corridor Vision Plan, New Development Area - Ordinance 489, Tuscawilla Settlement Agreement - Engineering/Landscape Plans - Lighting Plans - Kash n'Karry Master Signage Plan COMMISSION ACTION: