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HomeMy WebLinkAbout1998 12 07 Public Hearings Item A COMMISSION AGENDA ITEM A Consent Information Public Hearin Re ular xx December 7. 1998 Meeting REQUEST: The Community Development Department, Land Development Division presents to the Commission the recommendations agreed upon at the Commission Meeting of November 23, 1998 as it relates to a Development Agreement for Tuscawilla Tract 15, Parcel Ie. PURPOSE: The purpose of this agenda item is for the City Commission to hold a 1 st Public Hearing to consider the recommendations agreed upon at the Commission Meeting of November 23, 1998 as it relates to a Development Agreement for Tuscawilla Tract 15, Parce11e. Parce11C is located to the south ofSR 434, east of Creeks Run subdivision, north of Howell Creek Reserve subdivision, and west of Vistawilla Drive. APPLICABLE CODE OR LAW: S.R. 434 CORRIDOR VISION PLAN, NEW DEVELOPMENT AREA Section 20-451 Off-Street Parking and Driveway Requirements. (4) Parking Space Size: Each off-street parking space shall be a minimum of two hundred (200) square feet, 10' x 20', in addition to space for access drives and aisles. The minimum width of each space shall be ten (10) feet. The two (2) foot area 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 (2) foot landscaped area shall be counted toward any other green space requirement or setback. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required. December 7, 1998 PUBLIC HEARING AGENDA ITEM A Page 2 Section 20-452 Landscaping. (13) Landscaping shall be provided between vehicular use areas and the abutting properties as follows" c. At least one tree shall occur for every seventy five (75) linear feet, or fraction thereof, along side (non-street side) and rear property lines. These trees shall be any canopy tree selected from the recommended plant pallet found at the end of these design standards. Section 20-454 Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the Design Review Board is 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 (1) 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 offrontage on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: ..... (b) Ground Mounted Single-Tenant Identification Sign: ..... The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. (6) The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. (c) Building Mounted Multi-Tenant Identification Sign for Buildings with Separate Exterior Tenant Entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and shall be consistent with the following criteria: (3) The sign(s) shall not either project above any roof or exceed a height of 14 feet. December 7, 1998 PUBLIC HEARING AGENDA ITEM A Page 3 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 to address the change. Such consideration shall be 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. Section 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. Florida 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 December 7, I 998 PUBLIC HEARING AGENDA ITEM A Page 4 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 uses 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: I) The developer has submitted engineering plans for the Kash n'Karry site with two (2) out parcels and the Courtney Springs Apartments site. 2) The developer has requested a variance to allow an extra single tenant sign for the Kash n'Karry site to be located on Vistawilla Drive. Developer is allowed two (2) ground-mounted, multi-tenant signs, both to be located on SR 434 frontage. 3) The developer has requested a height variance for three (3) ground-mounted, single tenant signs from 8' in height to 8'9" in height. One (I) sign is to be located on Kash n'Karry future out parcel I, one (I) sign is be located on Kash n'Karry future out parcel 2, and the third sign is the Kash n'Karry sign described in paragraph 2) above. 4) The developer has requested a height variance for the Kash n'Karry and accompanying tenant, building mounted signs from 14' to that listed below: a. the primary sign (anchor tenant) is from 25'6" at base to 33'6" at top; b. the liquor store and the eastern most retail sign are from 19'6" at base to 21'6" at top; and, c. the smaller stores will be from 16'6" at base to 18'6" at top. 5) The developer has requested a size variance of the parking spaces from 10' X 20' to 9' X 20' for one hundred fifty four (154) spaces. 6) The developer has requested a variance on the Courtney Springs site to allow two (2) wing walls of approximately sixty (60) feet in length with the Courtney Springs identification on each side of the entryway into the complex. Further, the crown of the sign is allowed a variance to exceed the eight (8) foot height December 7, 1998 PUBLIC HEARING AGENDA ITEM A Page 5 requirement - namely the crown of the sign, for a distance of about fifteen (15) feet, will be allowed to be twelve (12) feet in height. 7) The developer has requested a variance, on the Courtney Springs site, for the use of 12' Wax Myrtle trees, or other fast growing trees, along the rear property line separating the apartments from the residential community rather than canopy trees. Approximately twenty two (22) of these trees will be planted. 8) The City will acquire ownership of the FDQT retention pond, provided the developer provide: a. the City and the Developer shall share the costs associated with this acquisition with a cap of $1,500.00 for each party. If the cost exceeds the cap, the City Manager or his designee shall return to the City Commission for further direction; b. enhanced landscaping, approved by the City, around the pond; c. 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 three (3) sides of the pond; d. a lighted fountain in the pond; e. in perpetuity maintenance agreement for landscaping, fencing and operations of the fountain, relative to the pond; and, f. $1,000,000.00 insurance coverage for liability. 9) The developer, to the rear ofKash n'Karry future out parcel 2 shall dedicate a 50' X 5' easement (or give the property to either the Tuscawilla HOA (THOA) or the Tuscawilla Beautification District (TBD) for their entry sign into Tuscawilla. This easement will commence at the Vistawilla Drive right of way and go in a northwesterly direction. The developer shall also dedicate (or give) to the THOA or the TBD a minimum 20' X 5' easement on the east side of Vista willa Drive for placement of a sign. The developer is not required to expend any funds or to be involved in the design and construction of these signs. 10) The developer, to the rear ofKash n'Karry future out parcel 2 shall construct a brick wall commencing at the termination of the 50' long easement described in paragraph 9) above, and extending northwesterly 50'. This brick wall will be compatible with the wall at Eagle's Watch subdivision on the east side of Vista willa Drive. The remainder of the wall along this property line will be stucco. A stucco December 7, 1998 PUBLIC HEARING AGENDA ITEM A Page 6 wall will also be built on the rear line of the apartment complex to act as a buffer between the apartments and the residential community to the south. 11) The Kash n'Karry future out parcel 2 shall be office use only. 12) The developer is to pay 50% of the cost of undergrounding of electric utility lines and poles on SR 434 to the western edge of the FDOT pond ($31,825.50). FINDINGS: 1) 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, signage, and other standards. 2) The developer has requested the following variances: a. to have one (1) additional ground mounted, single tenant sign on Vistawilla Drive for Kash n'Karry; b. a height variance from 8' to 8'9" for three (3) ground mounted, single tenant signs (one (1) sign on Kash n'Karry future out parcell, another on Kash n'Karry future out parcel 2 and the final one for the Kash n'Karry sign on Vistawilla Drive; c. a height variance for the building mounted signs from 14' to: 1) anchor tenant sign from 25'6" at base to 33'6" at top; 2) the liquor store and the eastern most retail sign from 19'6" at base to 21'6" at top; and, 3) the smaller stores from 16'6" at base to 18'6" at top. d. one hundred fifty four parking spaces at Courtney Springs be reduced in size from 10' X 20' to 9' X 20'; e. a variance from the requirements of canopy trees buffering the apartment site from the southern residential subdivision and to allow 12' Wax Myrtles, or some other fast growing trees. Twenty two (22) of these trees will be planted; and, f for Courtney Springs to have two (2) wing walls of approximately sixty (60) feet in length with the Courtney Springs identification on each face on each side of the entryway into the complex. Further, the crown of the sign is allowed a variance to exceed the eight (8) foot height requirement - namely the crown of the sign for a distance of about fifteen (15) feet will be allowed to be twelve (12) feet in height. December 7, 1998 PUBLIC HEARING AGENDA ITEM A Page 7 3) The City will acquire ownership of the FDOT pond, provided the developer provide: a. the City and the Developer shall share the costs associated with this acquisition with a cap of$1,500.00 for each party. If the cost is more than the cap, the City Manager or his designee shall return to the City Commission for further direction; b. enhanced landscaping, approved by the City, around the pond; c. 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 three (3) sides of the pond; d. a lighted fountain in the pond; e. in perpetuity maintenance agreement for landscaping, fencing and operations of the fountain, relative to the pond; and, f $1,000,000.00 insurance coverage for liability. 4) the developer shall dedicate (or deed the property) a 50' X 5' easement to the rear ofKash n'Karry future out parcel 2 in favor of the Tuscawilla HOA (THOA) or the Tuscawilla Beautification District (TBD) for their entry sign into Tuscawilla. This easement will commence at the Vistawilla Drive right of way and go in a northwesterly direction. The developer shall also dedicate (or deed) to the THOA or the TBD a minimum 20' X 5' easement on the east side of Vistawilla Drive for placement of a sign. The developer is not required to expend any funds or to be involved in the design and construction of these signs; 5) the developer, to the rear of the Kash n'Karry future out parcel 2 shall construct a brick wall commencing at the termination of the 50' long easement described in paragraph 4) above, and extending northwesterly 50'. This brick wall will be compatible with the wall at Eagle's Watch subdivision on the east side of Vistawilla Drive. The remainder of the wall along this property will be stucco. A stucco wall will also be built on the rear line of the apartment complex to act as a buffer between the apartments and the residential community to the south; 6) the Kash n'Kany future out parcel 2 shall be office use only; 7) the developer is to pay 50% of the cost of undergrounding of electric utility lines and poles on SR 434 to the western edge of the FDOT pond ($31,825.50); December 7, 1998 PUBLIC HEARING AGENDA ITEM A Page 8 8) 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; 9) acceptable remedies to the site constraints are defined in the attached, proposed Development Agreement; 10) The Development Review Committee has reviewed the proposed Development Agreement and offer no objections to the agreement as presented; and, 11) The requirements of Florida Statutes, 163.3225 have been satisfied RECOMMENDA TION: It is recommended that the City Commission approve the Development Agreement for Tuscawilla Tract 15, Parcel 1 C, as presented. A TT ACHMENTS: December 1, 1997 - S.R. 434 Corridor Vision Plan, New Development Area, Revised per City Commission Meeting November 24, 1997 - Proposed Development Agreement NOTE: THE DAY, TIME, AND PLACE AT WHICH THE SECOND PUBLIC HEARING WILL BE HELD SHALL BE ANNOUNCED A T THE FIRST PUBLIC HEARING. DAY TIME PLACE - MONDAY, DECEMBER 14,1998 - 6:30 P.M. - COMMISSION CHAMBERS WINTER SPRINGS CITY HALL 1126 EAST SR 434 WINTER SPRlNGSFL 32708 COMMISSION ACTION: / -~~ -/ / /1 CITY OF WINTER SPRINGS S.R. 434 CORRIDOR VISION PLAN NEW DEVELOPMENT AREA Revised per City Commission meeting November 24, 1997 D~c~r11h~r I, 1997 22 :--J~w t)~\'dvrlll""'l\l Af~J. J, S.R. 434 CORRIDOR VISION PLAN: NEW DEVELOPMENT OVERLAY ZONING DISTRICT REGULATIONS ARTICLE VI. S.H. 434 CORRIDOR VISION PLAN DIVISION 1. S.H. 434 CORRIDOR OVERLAY DISTRICT Sec. 20-445 Intent. The purpose and intent of this specialized overlay zoning district is to encourage and provide for enhanced property development within the S.R 434 commercial corridor. Some of the objectives to be attained through the establishment of this district include: enhancement of the commercial status of the corridor; reduction of visual distraction through uniform sign criteria; enhancement of physical appearance through increased landscaping of public and private property; provision of architectural design guidelines to create a unifying theme over time; protection of adjacent residential land uses; and maintenance of property values. Sec. 20-446 Creation. In addition, to and supplemental to, other zoning and land development regulation requirements heretofore and hereafter, the S.R. 434 Corridor Overlay District includes additional regulations to promote the orderly development and redevelopment of the corridor, which shall be applied through imposition and mapping of an overlay district. The regulations are in addition to and not in substitution of the underlying zoning district regulations which shall also remain applicable to the overlay zone. The overlay district design standards will govern development within the corridor and will control where conflicts between regulations occur. DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA Sec. 20-447 Applicability to New Development Overlay Zoning District. The following design standards shall apply to the New Development Overlay Zoning District which includes all properties adjacent to the S.R. 434 right-of-way from Hayes Road eastward to S.R 417 (the GreeneWay) cxcept fal thG TOwn CClltel Oveday ZOlling Distlict along S.R. 434, and the exclusion of the CMscells Tlust property mt1t::i~g!qlrQnr$.I1J~~tlla~n1iQ:t1i!1i.B~;~7$.;. Sec. 20-448 Building Height. No building shall exceed fifty five (55) feet in height. For the purpose of these design standards, building height shall be measured from ground level to the highest point of the coping of a flat roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. DecclI1lxr I, 1997 New Devdopmenl Area . . Sec. 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 10 feet 1 0 feet Parking 15 feet 15 feet 15 feet 5 feet 5 feet (2) The narrowest dimension of a lot adjoining a road right-of-way shall determine its front for the purpose of establishing yard requirements. (3) On corner lots, the front yard shall be considered as abutting the street upon which the lot has its least dimension. The rear lot, in this case, shall be opposite the front yard. (4) The following structures are specifically excluded from the setback restrictions: a. Steps and walks. b. Landscaping and landscape berms. c. Planters three (3) feet in height or less, or d. Other improvements as may be permitted under applicable regulations of the City. The Board of Adjustment will consider any request for the placement of such other improvements within a setback, only after a Design Review Board review and recommendation. In determining whether to recommend City consent, the Design Review Board may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the Design Review Board in order to justify to the Design Review Board that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. Deccmha I, 1997 2 New Development Area Sec. 20-450 Land Coverage. No parcel within the S. R. 434 Corridor Overlay District shall have more than seventy-five (75%) percent of its area impervious. In determining land coverage, a water body shall not be considered an impervious surface. Sec. 20-451 Off-Street Parking and Driveway Requirements. (1) Paved Driveway and Parking Spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (2) On-Site Parking: All parking areas shall be on-site and shall be adequate to serve all employees, visitors and company vehicles. (3) Rights-Of-Way: Parking is prohibited on rights-of-way or along driveways. (4) Parking Space Size: Each off-street parking space shall be a minimum of two hundred (200) square feet, 10' x 20" in addition to space for access drives and aisles. The minimum width of each space shall be ten (10) feet. The two (2) foot area 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 (2) foot landscaped area shall be counted toward any other green space requirement or setback. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required. (5) Handicapped Spaces: Handicapped spaces shall be provided and sized in accordance with 316.1955, 316.1956,316.1958, 320.0843, 320.0845, 320.0848 Florida Statutes. (6) Access Drive Width: Each access drive shall have a minimum width of twenty-four (24) feet. (7) Number of Access Drives: If a site has less than two hundred (200) feet of frontage on a right-of-way, one (1) access drive shall be permitted unless there is ajoint access drive, in which case two (2) may be permitted. If a site has more than two hundred (200) feet of frontage on a right-of-way, F.D.D.T permit guidelines (found in 1496-7 Florida Administrative Code) and restrictions shall apply. (8) Turning Radius: The minimum turning radius shall be thirty (30) feet. (9) 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. (10) Whenever practical, vehicular and pedestrian circulation systems shall be separated. A system of multi-purpose walkways connecting buildings, common open spaces, recreation Dcccmh.,,- I. I 997 J N~w D(:vdopmt:f\t Area areas, community facilities and parking areas shall be provided and adequately lighted for nighttime use. The intent is to create a pedestrian oriented system to connect all properties within the New Development Area Overlay Zoning District.. Sec. 20-452 Landscaping. The following landscape standards establish the minimum criteria for the development of the roadways, parking areas, and other features to ensure continuity in aesthetic values throughout the corridor. . (1) All areas requiring landscaping shall meet or exceed the following general landscape requirements. Such landscaping requirements are required for: a. That part of the site fronting a public or private right-of-way that is within the designated corridor. b. Around and within all off-street parking, loading and other vehicular use areas within each site. c. Along the outside of screening walls and fences. d. Adjacent to buildings on the site to complement the architectural style. (2) All landscaping shall be installed according to accepted commercial planting procedures. Fertile soil, free of lime rock, pebbles or other construction debris shall be used in all planting pits. (3) The owner of a site shall be responsible for all landscaping so as to present a neat, healthy and orderly appearance free of refuse and debris. Any dead or dying plant material, including sod, shall be promptly replaced or shall be treated to restore healthy growth to achieve a uniform appearance. (4) All landscaped areas shall be adequately irrigated with m reclaimed water ~fimH!!:::;~a. where available, based on the following criteria: a. An automatic sprinkler i~gation system shall be provided for all landscaped areas. b. The irrigation system shall be designed to provide full coverage of all landscaped areas and shall be equipped with rain sensors. c. The irrigation system shall be designed and operated to prevent or minimize run-off of irrigation water onto roadways, driveways, and adjacent properties not under the control of the owner of the site. D~"C<lllb<r I. 1997 4 N~w Dc:vdorllh:nl N(;) d. The irrigation system shall be maintained so as to be in optimum working order at all times. (5) All plant material shall meet or exceed standards for Florida No.1 plants, as specified in Grades and Standards for Nursery Plants, Parts I and II, 1973 published by the State of Florida, Department of Agriculture and Consumer Services. Trees shall be selected from the Recommended Tree Pallet found at the end of these design standards. (6) The preservation and utilization ofa 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 on- site landscaping material is encouraged. (8) When an access way intersects a right-of-way, landscaping may be used to define the intersection provided however that all landscaping within the triangular area described below shall provide unobstructed cross-visibility at a level between two (2) feet and six (6) feet above finished grade. Pedestrian sidewalks shall be provided in the triangular area unless another safe crossing is provided. Landscaping, except grass and ground cover, shall not be located closer than three (3) feet from the edge of any access way pavement. The triangular area shall be defined as: a. The areas of the site on both sides of an access way which lie within a triangle formed by the intersection of each curb of the access way with the street right-of-way with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. b. The area of the site located at a comer formed by the intersection of two (2) or more streets with two (2) sides of the triangular area being measured thirty (30) feet in length along the right-of-way lines from their point of intersection; and the third being a line connecting the ends of the other two (2) lines. (9) All landscape plans and specifications shall be prepared by a landscape architect licensed to practice in the State of Florida. (10) For office buildings, office parks and mixed-use developments, not less than twenty-five (25%) percent of the overall site shall be planted with a combination of trees, shrubs and ground covers. For commercial sites and commercial sites within mixed-use developments, not less than fifteen (15) percent of the site shall be planted with a combination of trees, shrubs and ground covers. Land preserved in its natural state may be used to satisfy this requirement. Also, lakes and stormwater management systems may be used to satisfy this requirement if designed as an amenity. Deccmbcr 1. 1997 5 New D~vdof1nlCnl ...v~3 (11) AIl parking areas and vehicular use areas shall be screened from the public right-of-way by a landscape screen. This screen may be composed of a berm not less than three (3) feet in height and not more than five (5) feet in height or a maintenance free wall at least three (3) feet in height, or a screen oflandscaping at least three (3) feet in height twelve (12) months after planting. If a wall or hedge is used, a meandering berm a minimum of one and one-half (1 1/2) feet in height, with a maximum slope of 3: 1 shall be required. Berms shall not be used where coverage conflicts with existing vegetation. This screening requirement may be combined with other requirements within the landscape easement. Berm slopes shall vary in order to provide visual interest; however, the maximum slope shall be 3: 1. The benns shall be completely covered with grass or other living landscape materials. A benn shall not be constructed around existing vegetation where the grade will be raised more than six (6) inches. Walls and shrub screens shall be setback a minimum often (10) feet from the property line. (12) Concrete walkways shall be a minimum five (5) feet wide and shall are encouraged to meander, where appropriate, to create visual interest. The construction of the walkways shall be coordinated with adjacent properties to ensure continuity of design. Where a sidewalk intersects a street or driveway, a curb ramp shall be installed. (13) Landscaping shall be provided between vehicular use areas and the abutting properties as follows: a. 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. b. Live screening material shall be planted in areas not less than six (6) feet in width. Planting areas shall be mulched a minimum of two (2) inches thick with cypress mulching or other organic mulch. c. At least one tree shall occur for every seventy-five (75) linear feet, or fraction thereof, along side (non-street side) and rear property lines. These trees shall be any canopy tree selected from the recommended plant pallet found at the end of these design standards. (14) Landscaping shall be provided for all vehicular use areas so as to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. The requirements for landscaping in vehicular use areas are as follows: Dccc"lnbcr I, 1997 6 New Dcv<lorrn~n( Area a. Parking areas shall include landscaped curbed islands at the ends of each row of parking. These islands shall be a minimum of ten (10) feet wide and as deep as the combined parking space(s) plus median, ifany, and shall include at least one (1) canopy tree. b. Each parking bay shall have no more than ten (10) continuous parking spaces unbroken by a landscaped island. c. Parking bays shall have a maximum of forty (40) cars. Where total parking requirements for a parcel exceed forty (40) cars, parking lots shall be broken into distinct areas separated by continuous landscaped islands at least five (5) feet wide. Landscaped islands shall contain one (1) small, medium, or canopy tree for every thirty (30) linear feet of island. d. Each separate required landscaped island shall contain a minimum of one hundred sixty-two (162) square feet with a minimum 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 may be constructed between rows of parking which shall count towards the required open space. If this option is used, the parking spaces abutting the island may be shortened to nineteen (19) feet in length and the unbroken rows of parking may be extended to twenty (20) spaces. The landscaped island shall contain one tree for every thirty (30) linear feet of island. (15) A landscaped unpaved area shall surround each building, occurring between the facade of the building and paved areas whether a parking ar~a, drive or sidewalk as described below. a. Along the front and side of an office, building a minimum landscaped area of ten (10) feet for the first floor plus three (3) feet for each additional floor shall be maintained. Sidewalks are not considered part of the landscaped area. b. Along the rear of an office building, a minimum offive (5) feet of landscaped area shall be maintained. Loading areas may be pennitted 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 iflandscaping is provided intermittently along the facade of the building consistent with the following: (1) A minimum of fifty (50%) percent ofth~.rront or side with continuous storefront must be landscaped. (2) Each landscaped area must have a minimum width of three (3) feet. (16) Foundation and accent planting shall be provided around all structures for the purpose of enhancing and complementing the architectural character of the structure. December I. t 997 7 New D~vdopmcnt Ar(J, (17) Additional green space and landscaping shall be required at access drives. (18) Drainage retention areas required on individual sites shall be sodded and designed to blend with the overall landscaping and landform of the site and may be included in the twenty-five (25%) percent landscaped area. In no case shall designs be permitted which include fencing. (19) All stormwater management areas shall conform to the design criteria promulgated by the City of Winter Springs and the St. Johns River Water Management District. (20) A tree survey shall be submitted with any application for site plan review showing all trees over four (4) inches in caliper. Existing .trees to be removed and retained shall be shown on the site plan. Prior to any site clearing activities all existing trees required to remain by the Design Review Board shall be tagged in the field for inspection and approval. Barriers shall be erected at the drip line of trees for protection against construction activities. (21) Any existing tree(s) indicated to remain on construction plans approved by the Design Review Board that are damaged or removed shall be replaced with new tree(s) consistent with Chapter 5; Section 5.5 of the City of Winter Springs Code of Ordinances. (22) All areas not otherwise landscaped, including the right-of-way, shall be sodded with St. Augustine solid sod by parcel owners. Other suitable sod may be permitted in low visibility areas or areas subject to periodic water inundation. (23) A walkway with a minimum width of five (5) feet, shall be constructed to connect the main public entrance door of a building to the public walkway along rights-of-way. Where the walkway crosses parking or an access drive, the walkway shall be delineated. A landscaped area, which includes sidewalk and landscaping, a minimum of nine (9) feet in total width shall separate the walkway from parking spaces. The use of architectural features and landscaping is encouraged to define pedestrian gateways. If shrubs are used in the landscaped area along walks, they shall be set back so as not to fonn a "wall" along the edge of the walk. Sec. 20-453 Buffers and Walls. (a) Buffers: A minimum fifteen (15) foot landscape buffer shall be provided by the developer/property owner abutting the designated right-of-way lines at the time of development order or permit approval. The landscape buffer may be contained within a landscape easement. (1) The developer/property owner shall be responsible for the purchase, installation, maintenance and irrigation of all required landscaping. (2) This area shall be planted with live oaks or other deciduous trees with a minimum two and one-half(2.5") inch (dbh) caliper and overall height often to twelve (10' - 12') feet Dcccml= I. 1997 8 N.;w Dc:vdopmcr\t r\n:~ at time of planting no closer than five (5) feet from the back of the right-of-way line. The trees shall be planted every fifty (50) feet. (3) A minimum of four (4) sub-canopy trees and two (2) deciduous trees per one hundred (100) feet of frontage or fraction thereof shall be planted in and about the buffer. Plantings should be naturalistic rather than formal in order to blend with the natural landscape. (4) No existing or dedicated public or private right-of-way shall be included in calculation of the buffer widths. (5) Stormwater retention areas may be permitted in the corridor buffer area subject to the following: a. No more than sixty (60%) percent of the corridor buffer area can be used for stormwater retention; b. Stormwater retention areas shall be naturalistic in shape, dry, sodded, and designed to blend with the overaU landscape theme and landform; c. Stormwater retention areas may be wet if designed to be part of a water feature; d. Designs which require fencing shall be prohibited; and e. No slope shall be greater than that indicated in Sec. 9-241(d)(l) and (2) City Code. (6) Existing vegetation shall be used where possible to meet these requirements. (b) Walls: All freestanding walls, sound barriers, ground sign enclosures, planters, man-made structures fronting along the designated roadway or its major intersections shall be of brick, 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. Sec. 20-454 Signs. All signs 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 (1) wide-based monument style, permanent sign with landscaped base identifying the ndme of the development and businesses within the development shall be permitted. For developments with five hundred (500) feet of frontage December l. 1997 9 New Dcvdopnlt.:r1t Area or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel 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 numeralslletters 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) A 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. (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 often thousand (10,000) square feet. (b) Ground Mounted Single-Tenant Identification Sign: One (1) wide-based monument style, permanent project identification sign shall be permitted per single-tenant parcel. One December I, 1997 10 N~w D~vclopll1~l1l Area additional permanent wide-based monument style project identification sign may be pennitted 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. (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) Shall be located no closer than fifteen (15) feet from the front, side or rear property lines. (3) Shall not exceed two (2) faces. (4) 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. (5) Shall be consistent in design, format and materials with the architecture of the proposed building. (6) The sign shall not be more than eight (8) feet in height above the closest driveway.or vehicular use area. (7) Signs shall be in an enclosed base that is at a minimum the full width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or armuals to promote color. (c) Building Mounted Multi-Tenant Identification Sign for Buildings with Separate Exterior Tenant Entrances: In addition to the ground mounted identification sign, tenant signs shall be pennitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) The sign(s) shall be clearly integrated with the architectur~ of the building, and shall be consistent in design, format, and materials with the architecture of the proposed building. (3) The sign(s) shall not either project above any roofor exceed a height of 14 feet. (4) Wall signs shall display only one (I) surface and shall not be mounted more than six (6) inches from any wall. Deccmher I, 1997 tt N~w O~VdOplTh...nl Atc:3. (5) When more than one (1) tenant sign is used on one (1) building, all tenant sign age shall be consistent in size, materials, and placement. (6) The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25%) percent of the building height. 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. (7) The length of the sign may occupy up to seventy (70%) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage pennitted for a Building Mounted Single Tenant Identification Sign. (8) For office buildings I!t.fjiIR~!~t%.l1:mt:i~~tt.I;!Eg~~, .l:)~~.wall sign not exceeding two (2) square feet shall be permitted identifying an~g9.h individual tenant. The sign shall be located adjacent to the building entrance. (d) Building Mounted Single Tenant Identification Sign: In addition to the ground-mounted identification sign, a building mounted identification sign may be permitted consistent with the following criteria: (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) The identification sign is located on the exterior wall of a building. (3) The sign shall be clearly integrated with the architecture. (4) The sign shall not either project above any roof or exceed the height of fourteen (14) feet. (5) The sign shall display only one (1) surface and shall not project more than six (6) inches from any wall. (6) Signs shall conform to the following schedule: Building Size (Gross Floor Area) Maximum Copy Area Maximum Letter Height Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet 16 square feet 32 square feet 48 square feet 2 feet 25% Height of Building 25% Height of building [)ec~'lT1bcr I. 1997 12 Nc.;w [)c.;Vc!OPllh:l1( Area (e) Additional SignsNariances: Under special circumstances, such as for parcels on corner lots, additional signs consistent with these design standards may be approved by the City Commission, upon a request submitted to the Board of Adjustment pursuant to Sec. 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 variances will not be contrary to the public interest and where, due to special conditions, a literal translation of this sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances. (f) Commercial Outdoor Advertising (i.e. Billboards) Off-site advertising signs such as billboards are prohibited. (g) Changeable Copy Signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: (1) The sign cabinet shall be all aluminum extrusion or better as approved by staff Changeable copy signs may be incorporated into pennitted signs and shall be included as part of the pennitted sign area as described below: a. Changeable copy signs shall not comprise more than twenty-five (25%) percent of the pennitted sign area; b. Movie theaters and other performance/entertainment facilities may utilize up to eighty (80%) percent of the pennitted sign area for display of films, plays or other performances currently showing. Such copy area shall be included as part of the pennitted sign area. c. Movie theaters may use up to eighty (80%) percent of permitted wall sign area for display of names, films, plays or other performances currently showing. d. One changeable copy sign advertising the price of gasoline is permitted on gasoline station sites provided it shall not exceed twelve (12) square feet per sign face. (2) The sign face shall be acrylic Pan X 15 or Equal. (3) The letters and track shall be Wagner Zip-Change or Equal. (h) Backlit Signs: Backlighting of awning signs shall be prohibited. (i) Window Signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. The total area of all window signs, shall not exceed twenty (20%) percent of the window glass area to be calculated separately 13 N~w D..:vdopl1h.:nl Nc:a Dcccmucr 1. 1997 for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. G) Construction Signs: One (1) construction sign, denoting the owner, architect, landscape architect, engineer, financial institution, contractors, or containing any statement pertaining to the project for which a building permit has been obtained, will be permitted during construction. The construction sign shall not exceed sixty-four (64) square feet in area and shall not exceed fourteen (14) feet in height or sixteen (16) feet in width. The construction sign shall be removed from the site by the owner upon substantial completion of all construction, or upon the issuance of a' final Certificate of Occupancy, whichever is sooner. If the sign is not removed when required, it may be removed by the City at the owner's expense. (k) Marketing Signs (e.g. "Space for Rent" sign): (1) Only one (1) marketing sign shall be permitted on each parcel during the building's "leasing period". At the end of the leasing period, marketing signage shall be removed from the site by the owner of the site. (2) All marketing signs shall be submitted to the City for approval and location prior to the sign's installation. (3) Marketing signs shall be set back a minimum of twenty-five (25) feet from the front, side and rear property lines. They shall not create a visibility obstruction to vehicular traffic. (4) For parcels in excess of five (5) acres or with frontage on more than one (1) road, one (1) additional marketing sign may be pennitted. Signs must be a minimum of two hundred (200) apart. (5) Marketing signs may be double faced. Sign faces shall be parallel and mounted on the same poles. The total copy area shall not exceed sixty-four (64) square feet and no more than ten (10) feet in height. The total of a single face shall not exceed thirty-two (32) square feet. (6) Marketing signage may be incorporated within the construction sign age, but the signage shall not exceed sixty four (64) square feet in area. (7) Marketing signs may be lit so as to illuminate the lettering on the sign. (I) Political Signs only by permit. (m) Electronic date, time and temperature infonnational signs are permitted. Such signs shall be counted as part of the total copy area of the overall sign. Dcccmbcr I, 1997 14 N~w D~vdop1llt:nt Area (n) Prohibited Signs: The following signs and/or devices are prohibited in the corridor. (1) Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion. Signs shall not incorporate reflective materials so as to create the appearance of motion or neon. (2) Any sign painted directly on any exterior wall. (3) Signs projecting more than six (6) inches in depth. (4) Roof signs. (5) Bench signs. (6) Snipe signs (e.g. signs attached to trees and poles). (7) Freestanding signs unless otherwise provided for herein. (8) Trailer signs. (9) Signs attached to temporary structures. (10) Billboards (11) Any vehicle with a sign or signs attached thereto, or placed thereon with three exceptions as follows: (a) any vehicle when parked or stored within the confines of a building; or (b) any vehicle upon which is placed a sign identifying a firm or its principal product if such vehicle is one which is operated during the normal course of business and shall be parked in the least visible spot from the road; or (c) a trailer placed on a job site during construction. (12) Pole signs. (13) Balloon signs. (14) Ribbon signs. (0) Permanent Flags: Only proj~ct flags or governmental flags shall be permitted in conformance with the following standards:' (1) One (1) flagpole and one (1) flag may be permitted per parcels of two (2) acres or more. (2) The maximum width from top to bottom of any flag shall be twenty (20%) percent of the total distance of the flag pole. Decembcr I, 1997 15 N~w D~vdof1l1h:n( Area (3) Flagpoles shall maintain the same setback requirements as project identification signs. (4) Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. (5) A project flag shall only contain infonnation permitted on the project identification sign. A project flag shall be submitted to the Design Review Board for approval. (p) Temporary signs for special events. (1) Permits for temporary signs, such as pennant and banner signs, not otherwise prohibited are allowed for such purposes as auctions, special events, notice of opening of new businesses, and going out of business sales. Permits for temporary signs shall authorize the erection of the signs and maintenance thereof for a period not exceeding fourteen (14) days; and permits cannot be renewed on the same sign, nor shall another temporary permit be issued on the same location, within ninety (90) days from the date of expiration of any previously issued temporary permit. (2) Signs for specific events shall be removed within two (2) working days after conclusion of the event. A freestanding temporary sign shall be no larger than thirty- two (32) square feet, and may be double sided. Banner signs may be sized to extend across roads. (q) Maintenance: All signs and associated apparatus shall be maintained by the owner of the site. Violations shall be processed through the City's Code Enforcement Division. (r) Nonconforming Signs. (1) Any sign, other than billboards, having an original cost in excess of one hundred ($100) dollars and which is nonconforming as to pennitted sign area or any other reason which would necessitate the complete removal or total replacement of the sign, may be maintained a period offrom one (1) to five (5) years from the effective date of these design standards. The tenn of years to be detennined by the cost of the sign or of renovation, including installation cost, shall be as follows: Original Sign cost or Renovation Cost Permitted Years from Effective Date of Design Standards $ 0 - $ 3,000 $ 3,001 - $ 10,000 Over $10,000 2 3 5 (2) Any owner of a sign who desires to rely upon an amortization period longer than three (3) years shall file with the City within one (I) year from the effective date of these design standards, a statement setting forth the cost and date of the most recent Dcccmba I. 1 'J'J7 16 ~~\V D<:vdopllh:nl AI':3 renovation, and a written agreement to remove or bring into conformance the nonconforming sign at or prior to the expiration of the amortization period applicable to that sign. The maximum period to amortize a sign shall be five (5) years. (3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement, City of Winter Springs Code of Ordinances. Sec. 20-455 Utility Lines. All new or relocated utility lines within the designated corridor shall be constructed and installed beneath the surface of the ground unless it is determined by the City that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impracticable. (1) It shall be the developer's responsibility on-site to make the necessary arrangement with each utility in accordance with the utility's established policy. (2) The underground installation of incidental appurtenances, such as transformer boxes, switch boxes, or pedestal mounted boxes for the provision of electricity shall not be required. However, such appurtenances where not rendered impractical by the determination of the City shall be installed on the site of any development approved after the adoption of this section. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adoption of this section shall be set back a minimum offifieen (15) feet from any right-of-way and visually screened using landscape materials or masonry construction in conformance with these land development regulations. Sec. 20-456 Corridor Access Management. (a) A system ofjoint use curbed driveways and cross access easements shall be established wherever feasible along the S.R. 434 Corridor and the building site shall incorporate the following: (1) A cross access corridor extending the entir.e.l~l1.gth of each block served to provide for driveway separation (consistent with the )ltl~~*m~ access classification system and standards). (2) A design speed often (10) mph and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles. (3) Stub-outs and other design features to make it visually obvious that the abutting Decem""r I. I ??7 17 N~w D~vdUplll~f1t r\I~a properties may be tied in to provide cross-access via a service drive. (4) A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever feasible. (b) Shared parking areas shall be permitted a reduction in required parking spaces if peak demand periods for proposed land uses do not occur at the same time periods. (c) Pursuant to this section, property owners shall: (1) Record an easement in the public records allowing cross access to and from other properties served by the joint use driveways and cross access or service drive; (2) Record an agreement in the public records that remaining access rights along the thoroughfare will be dedicated to the City of Winter Springs and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway. (3) Record a joint maintenance agreement in the public records defining maintenance responsibilities of property owners. (d) The City Engineer may reduce required separation distance of access points, except as provided in (f), where they prove impractical, provided all of the following requirements are met: (1) Joint access driveways and cross access easements are provided where feasible in accordance with this section. (2) The site plan incorporates a unified access and circulation system in accordance with this section. (3) The property owner shall enter a written agreement with the City of Winter Springs, recorded in the public records, that pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway. (e) The Florida Department ofTransportatiQn (FDOT) has established minimum spacing requirements for the GreeneWay (S.R. 417) Interchange Area. Sec. 20-457 Building 'and Screening Design Guidelines (1) Projects shall use materials consistent with materials used in the area. Acceptable materials include stucco, ~lm~ff.<<,g~:::mt::lt~9Q'rit!M.~ concrete block, reinforced concrete with tile, and brick and terra cotta accent material. Inappropriate materials are river rocK, unfinished timber (unpainted), shake roofs, reflective/mirror glass, and metal siding. Materials should be of high quality and well crafted. lxccmt.cr t. 1997 18 ~~W D~v~I(JI'II"':llt Ar.:a (2) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, remgeration systems, heating units, etc., must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or other similar screening material which is architecturally compatible and consistent with the associated building. Such screening material shall extend at least one (I) foot above the object to be screened. If landscaping is utilized, the plantings must be high enough within one (1) year of planting to provide a screen which will screen the entire unit. In the case of satellite dishes, they shall be screened from view from ground level of adjacent rights-of-way and properties by buildings, dense landscaping or screen walls. The Design Review Board may permit dishes on buildings if no part of the dish is visible from the ground of surrounding properties. Setbacks for antennas and satellite dishes shall be the same as the building setbacks. (3) Dumpsters and similar facilities shall be screened on all four (4) sides from public view. Both sides and the rear of such facilities shall be screened by an opaque concrete wall, or similar material. Dumpsters shall be placed in an area that is least visible from a public right- of-way. (4) All storage areas shall be screened from view from the right-of-way and from adjacent residential zoning districts. Screening enclosures may consist of any combination of landscaping and opaque building materials. Ifbuilding materials are utilized, such material shall be con~istent with the architectural design of the principal struct~res. (5) Side and rear elevations of buildings visible from a public street or adjacent property shall be designed in the same architectural style as the main facade. (6) All doors for service entrances or bays shall not face a public street unless they are screened to obscure service activities. (7) Outparcels shall conform to the architectural, signage, and landscape theme of the overall project and must share an internal access with the overall project. (8) Newspaper, magazine and other such vending machines, ATM's, pay telephones, and trash receptacles shall be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. (9) Exterior lighting shall be a cut-off light source to protect adjacent properties from glare. All exterior lighting shall be consistent and compatible throughout the project. (10) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design of front facades as appropriate to promote pedestrian activity. December 1.1997 19 N..:w ()~v..:IOflllh:llt "\r~a (11) 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 building material and shall be subject to buffer setback requirements. (12) Drive-thru pick up windows shall not be pCllllitted Oil tile front 01 sides of a buildillg frontillg on S.R. 434. Sec. 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 ordin~ce, including building or perimeter setbacks, parking standards, sign age, and other standards. U;:an increase in building height beyond fifty-five (55) feet is requested, the City Commission must find that Fire Department capabilities are adequate 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. Sec. 20-459 Corridor Design Review Board. The Development Review Committee shall serve as the Corridor Design Review Board for developments 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 oftrus Code. Oeccmtx..... I. 1997 20 N-.:w D~vdopnh:l1l ..\r~.1 DEFINITIONS: * Place/replace the following definitions in the Sec. 16-51 Definitions (Signs) in the City Code. * Substitute this definition of "Sign" in place of the current definition found in Sec. 16-51 (page 957) of City Code: Signs - Signs shall mean all names, insignias, trademarks, and descriptive words, back- lit awnings or material of any kind affixed, inscribed, erected or maintained upon an individual site or upon any improvement on individual sites. * Substitute this definition of"MarketinglReal Estate Sign" in place of the current definition of "Real estate sign" found in Sec. 16-51 (page 957) of the City Code: MarketinglReal Estate - For the purpose of these design standards, marketing signs shall mean all names, insignias, trademarks, and descriptive words of material of any kind affixed, inscribed, erected or maintained upon an individual site or upon any improvement on individual sites which contain information relating to the marketing of space or building(s) on the subject parcel. * Add this definition of "Ground sign" in Sec. 16-51 (page 957) of the City Code: Wide-based monument or pylon style sign - a sign wholly independent of any building for support, consisting of a solid base with sign on top for monument sign or a base of foliage with sign immediately the level of the base foliage, and where the subject of the sign relates to either the identifying of the business name or the activity( s) carried on in the structure on the same property as the sign. * Add this definition of "multi-tenant development" to Sec. 20-1 of the City Code: Multi-tenant development - Shopping centers and other uses so determined by the City. Decemher I, 1997 21 N~\V D..:v..:lo(lll".:nl ..\r~:.t ..... .l LARGE SHRUB \ CO:vI1YfON NAiYfE Cherry uurd Anise Sweet Viburnum Wax LezfLigustrum. Photinia* W2.,"( Myrtle iVIED ItJiYr SHRUB COiYllirON NA1Yr:E e.,. '" ~ ,: Pittosporum Variegated PittQsporum Sandan.kwa Vlournum Hetzii Juniper Pfuzer Juniper Shrub Holly Silver...horn A..z::J ea Yew POdocarpus S1YLUL SHRUB COiYUYfON NAlYr:E Dwarf YauPOQ Hoily Indi2Il Hawthorn DwarfPmosporum E vergre:n Giant Border Grass Azzlea T .ayra1li.s Yew Podocarpus GROUNDCOVER. COiVlMON NAiY[E Liriope Border Grass w!ondo Border Grass Dwarf Co nferl.. hsmine ,... Plnonii Juniper ~.._-rSh J' ;.:r '"" Cod ore uruper vAiiiClIl Lily Daylily TAB LE I RECOi\-LYrEi'illED SBRrTB PALLET BOT Ai'ITCA L NAiYrE ;\ rJ?'fn rc.ii\ r HEI GRT RE 0 D::IR.:EQ Prunus caroliniana illicium anisacum Viburnum odoratissimum Ligustrum japonicum Phocinia spp. Myrica cerifera BOTANICAL NAiYfE -1.(- 30" 30" 30" 30" 30" 30" !\- m-r&[ffi\-f BET GRT RE 0 !ITRED Pinosporum tobu-a PitLosporum tobu-a "'V~ega.ta" Viburnum Suspensum' Jl..!1:!i"Oerus chinensis V2r. chinensis 'r1etzii~ Juriperus chinensis 'l'fitze~a" TI~ spp. E1aezgIDus pungens Rhododendron indica PocoC2.I'pus macrophyUus BOT A !'tICAL NAiYfE 24" 24" 24" 24" 24" 24" 24" 24" 24" i\- fL'\0 f(;'0. r REI GRT RE 0 UIRED TIex vomittoria "Nana" Rzphiolepis indica Pittosporum tobin. ~eden'" Liriope muscari "Evergre~"Gi2.!lt" Rhododendron indica Thyra1Ii.s gIauca Podocarpus macrophyilus BOTANICAL NAiYrE 18" 18" IS" 18" 18" 18" 18" iYIJ?'t'"n fl:j?,. r REI GRT REO U1RED Liriope muscari 10 Pips/dump 9" O.C. OphiopogoQ japoaicus 10 Pips/dump 9" o.c. Trachdospemumjasminoide.s "Nana" 1-5. Spread 18" o.c. Juniperus chinensis 15" Spread 18"0.c. Juniperus conferta ....Compacta" 12.-15. Spread 18" o.c. Agapamhu5 africanus' - 10 Pips/clump 18" o.c. Hc:n:::-ocallis spp. (0 Pips/clump IS" o.c. La.ma.na A.fu can Iri s HQUy F erll L.:!.[1(ana monrevidensis Dietes vegc(2. C yr.omium falcatum 15 "sprc2.d IS~ O.c. 10 Pips/clump IS" o.c. Gal. e<..n 12"-15" spread 24" O.c. 4" pOts - 2-3 Plants/pO~12" o.c. .~ English Ivy H ed erz hdi"( *Must be used with a row of/ower growing shrubs in franc. Note: Pl..:1nt list subject to :J.dministr:J.tive :lmendmenr from time to time. . I -i-. i".". 1 c:. i," ".. ~~ -~ -.-- -, ..~r . .. } CAi'{OPY TREES COiYfi.YION NAly[E Live Oak LaurdOak Sycamore Red lYfaple S weetgum OT:a::ER LARGE TREES COi't..GYION NAlYIE -. :-J Tulip Poplar Bald Cypress Pines Southern Magnolia River Birch . ~- ~ iYIEDIDi.YI TREES COlYfiYION NAjYIE American Holly Daboon Holly East Palatka Holly Golden Rain T fee Sweci Bay Loblolly Bay Drake Elm WmgedElm Cherry Laurel Weeping Willow SiYIALL TREES COiYfi.YrON NAiyIE ,}W2.'C Myrtle ~I r~,: Ligusrrum T.-\B LE 2 RECQi'Y0ITi'fDED TREE"PALLET lY .o:;:.(J?yftJiYf BII G RT BOTAl'lICAL NAiy[E REQUIRED Quercus Vlfginiana Quercus laurifolia Plantanus occidentzlis ACe!" rubrum Liquidambar styracifIua 10"-12" 12' 12' 12' 12' . '. - f.t-. BOTANICAL NA1YIE i'rIL'f.l:?yllJ1YI REI GRT REQUlRED Liriodendron tulipifera T 2.XOdium distichum Pinus spp. 1v[zgnolia granditiof2. Berula nigra 12' 12' 12' 12' 12' BOTA.7'{[CAL NAi'YIE HEIGHT RE Q lJIREn TIe-\: opaca TIex C2SSine TIex opaea 'East Palatka' Kodreutc:.:ia formosana ,... Mz.gnolia virginiana Gardonia lasianthus tllinusp~ofias~P~om 'Drake' Ulmus alara Prunus caroliniana Sal.ix baby/oniea 10' la' 10' 10' 10' 10' 10' 10' la' 10' BOTANICAL NA1.y[E BIlGEr RE Q UlRED Myrica ccrifcra Ligusrrum japonicum 8' S' - J <) . c~ lJ '" (Also L. lucidum) Lagersroremi.:. indiCJ IIex vomicoria Prunus anjuscfolia Comus Borida \ Cercis canadensis Tabebuia spp. S' S' S' S' S' S' Crape Myrde' ,Yaupon Holly Chickasaw Plum Flowering Dogwood Redbud Tabebuia ACCENT P ALiYIS COiYLHON NAlyIE BOTANICAL NAJ,'YrE B:EIGHT REQUlREn Canary IsI2.I1d Date Palm Washington Palm Pindo Palm Cabbage Palm Phoenix canariensis \.Vashingtonia robuSta B una capitata Saba! palm . f.ot., 5' 5' 5' 6' Pruning oftr= shzI! be allowed to Imiatain appropriate cleannce for acc","s and minor pruning sball be allowed to promote healthy growth. The. intent is to aJIow trees to acbieve a lI2.rural tr"" canopy. Note: Pl.ant list subject to .administr.ative :J.mendment from time to time. ." -J ~;.~!/02/1SS8 15:11 4l:l7-422-1S24 '::ULLIVAH PROPERTIES PAGE B2 DEVELOPER'S AGREE]\1EJ~I TUSCAWlLLA TRI\CT. 15 PARCEL l:C This DEVELOP1'v1ENT AGREEMENT by ::l.nd betv,.'een Robert Yeager, Trustee (hereinafter called "Property Owner") and contract purchasers, Zimmer Development, Inc. (hereinafter called "Zimmer", as developer of the Kash n' Karry Shopping Center shopping center project and ContraVest, Inc. (hereinafter called "Contra Vest") as developers of the Courtney Springs Apartment complex and the City of Winter Springs, a Florid(! municipal corporation (hereinafter called "the City") is entered into pursuant City Code, and is intended to constitute a covenant covering the property described herein. Reference to Property Ov,'ner includes Zinuner and ContraVest as assigns to Property Owner's rights and bind ZillU11er and ContraVest for obligations on their respective projects. Tlus Agreement is based on the following premises: Whereas, the real property described herei n as Parcel I C 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 real property is subject to cenrtin land development regulations of the City, including the "S.R. 434 Conidor Vision Plan: New Development Area" (Ordinance No. 675 of the City}; and Whereas, the real 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 lithe Settlement A[;reement"); and Whereas, parties concur that this Agreemr::n! deals with issues separate from the issues addressed in said Settlement Agreement, and this Agreement should be construed as consistent "vith .' ,.12/B2/19S8 15:11 487-422-1'324 3ULLIVi4N PROPERTIES PAGE 83 the said Settlement Agreement, and in the event of con.fJict bdween the terms of this Agreement and the Settlement Agreement, the Settlement Agreement shall prevail; and Whereas, this property has received a CeI1.ifir::ate of Vested Rights Special Use Pemlit 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, the City agrees that Parcel 1 C of Tract 15 of the Tuscawilla P .U.D. may be subdivided and developed into two (2) major projects consisting of a 252 unit apartment complex (the apartment site) and a Kash n' Karry site. and the Kash n' Karry site may be divided into three (3) parcels; and Whereas, Sections 20-458 and 20-459 of Ordinance No 675, the "S,R. 434 Corridor Vision Plan: New Development Areal' provides for a Development Agreement for real property such as that described on Exhibit "A", upon a finding that the site is constrained, and extra development enhancements are provided by the Propeny O\vner to preclude or mitigate against any impacts upon abutting properties or the S.R 434 corridor; 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 on the property, by wetlands, and by proximity to less densely and intensely developed properties; and Whereas, the City Commission finds that Property Owner is making sufficient development concessions and enhancements on the real propel1y described on Exhibit "A" to authorize a Development Agreement for the apartment complex and the Kash n' Karry site; and Whereas, in consideration for the City entering into th.is Agreement the Property Owner has agreed to provide certain enhancements for the ent ire parcel (such as a wall, landscaping, etc.) and 2 ,..1-2/132/1 '3'38 15: 38 4137-422-1'324 ~lLLIV~N PROPERTIES PAGE 132 certain common design themes or criteria (such as retention pond and fountain maintenance, fencing and landscaping). NOW THEREFORE, be it agreed as follows: 1. Premises Inco!'Porated Herein The City and the Property Owner hereby agree that the foregoing premises are true and correct. 2. Property Affected 2.1 The real property described on Exhibit" A" constitutes the entire property subject to this Development Agreement. A consideration for the City entering into this Agreement is that certain enhancements (such as enhanced landscaping and a six (6') foot wall along the rear of the subject property) and certain common design themes or criteria (retention pond fountain) arc being proposed by the Property Owner and accepted by the City. 2.2 A specific implementing development agreement is hereby created for the Courtney Springs apartment site development ilnd for the Kash n' Karry site development as shown on the respective Final Engineering Plans approved by the City, on file with the Office of the City Clerk, Wimer Springs, Florida, which by this reference are incorporated herein. 2. '3 Where no requirements concerning a development issue are set forth in this agreement for the real property described on Exhibir "A", then the standards set forth in the II State Road 434 Corridor Vision PlaJ1: New Development Area" standards shall first 3 ~2/02/1gg8 15:11 407-422-1g24 ~,IJLLIVClt~ PROPERTIES PAGE 04 apply, and if no standards exist in said ordinance, then other applicable City Code provisions shall govern development of the property. 2.4 This Agreement does not and cannot exempt any real property from complying with state or local law or ordinances relating to platting, environmental permitting, wetlands regulations, stoml\Vater, or other matters nor any development issues not directly addressed by trus AgreemenL 3. Development Conditions for the Kash n' Karrv Site ("Zimmer") The development for the Kash n' Karry site shall be subject to the "signage sheet" prepared by Zimmer (Bowyer-Singleton Signage Sheet sealed and dated ) as to the specific location and size of eilch and all signage for the Kash 0' Kany and two out parcel sites and shall be subject lo the following conditions: 3.1 Zimmer is allowed two (2) ground-mounted, multi-tenant signs - both to be located on S.R 434 frontage. Zimmer is allowed one (1) ground-mounted, single-tenant sign to be located on Vistawi II a Drive for the Kash n' Karry center. 3.2. Zinuner is allowed a height variance for three (3) ground-mounted, single tenant signs from 81 in height to 8'9" in height. One (1) sign is to be located on future out parcel 1, one (1) sign is to be located on future out parcel 2, and the third sign is the one for Kash n' Karry on Vistawilla Drive. 3.3 Zimmer is allowed a height variilllcc froni 14' for the building mounted signs as follows: a. The primary sign (anchor tenant) is from 25'6" at base to 33'6" at top b. The liquor store and the eastern most retail sign are from 19'6" at base to 21'6" at top and, '1 _.1'2/1212/1 '3'38 15: 11 41217-422-1'324 ':I_LLIV;:>N PROPERTIES PAGE 1215 c. The smaller stores are from 16'6" at base to 18'6" at top. 3.4 The Kash n' Karry development shilll be subject to and comply with the sign regulations and specifications set fOrl h on the Bowyer-Singleton Signage Sheet sealed on file with theOLIice of Ihe City Clerk, Winter Springs, Florida, and dated as a Final Engineering Pennir condition for site development of said parcel, if addressed therein, or if not the requirements set forth in Winter Springs Ordinance No. 675. 3 5 The outparcel NO.2 of the Kash n' Kitrr)' sit.e shall be restricted to office use only. 4.0 Development Conditions for the Courtney Springs Apartment Site (Contra Vest) To minimize impacts to abutting properties and to enhance the quality and design of the Courtney Springs Apartments (ilK' Apartment site) certain anlemties have been agreed to by the City and Contr;) Vest, and shall constitute requirements for Apartment site development. Enhailced or pennitted variations fi'om City Code requirements on the apartment site shall be as set forth below. 4.1 Contra Vest is allowed to vary the size of the parking spaces from] 0' x 20' to 9' x 20' for one hundred fifty four (I 5~1 spaces). 4.2 ContraVest is pennitted to construe1 iwO (2) wing walls of approximately 60' in length \vith the Courtney Springs idemitlcation sign on the front face of each wall on each side of the entl)'Way into the complex from state road 434. In addition, the crown of the signs on the wing wall is aJlowed 10 exceed the eight (8') foot height requirement, 5 .12/B2/1998 15:11 4B7-422-1924 '::,ULL I\/At~ PROPERT IES PAGE B5 specifically the crown of the wall where the sign is constructed may be up to 12' in height for a distance not exceeding 1,5 linear feet. 43 ContraVest is authorized to use ]2' Wax Myrtle trees, or other fast grO\\1ng trees acceptable to the City, along the rear boundary of the property rather than canopy trees specified in City Code, Such filst growing trees shall be planted in accordance with the Canin Associates Landscape Plan sealed and dated , and the parties agree that a minimum of 22 fast growing trees shall be planted. 4.4 The site plan, including building, water retention placement, and parking lot layout are set out in the Final Engineering Plans on file with the City and shall govern the design, construction and use of the apartment site in order to ensure quality development and to minimize impacts on surrounding single family development. 4.5 Specific site developments for the ap<lrtmcnt site not specifically addressed herein shall be as set forth in the Final Engineering Plans (Bowyer-Singleton plans sealed and dated Ordinances, 5.0 Wall Requirement The parties agree and acknowledge that a wall separating the proposed development ), and if not addressed therein shall be in accordance with City on Parcell-C from abutting residential development will assure quality development on the Parcel 1.C site while minimizing impacts on existing residential areas by separating intensities and densities The wall requirement obligation on the Property Owner and developers shall be as set forth below. 6 .12/02/1998 15:11 407-422-1924 ~lLLIV~N PROPERTIES PAGE 07 51 To the rear of the future out parcel two (2) of the Kash n' Kany site, the Property Owner agrees to dedicate a 50' x 5' parcel to either the Tuscawilla Homeowner's Association, Inc. (THO A) or the Tuscawilla Beautification District (TBD) for an entry sign to the Tuscawilla residential area within 90 days of execution of this agreement. This parcel will commence at the Vistawilla Drive right-of-way and go in a northwesterly direction, per rhe Clrtached Exhibit uB". 5.2 The Property Owner shall also dedicate to the THOA or the TBD a minimum 20' x 5' parcel on the east side of Vista willa Drive for placement of an entryway sign in the location depicted on Exhibit "B". The Property Owner is not required to expend any funds or be involved in the actual construction of these entryway signs described in Sections 5.1 and 5.2. 5.3 Zirruner shall construct a brick waU cc>mmencing at the western tennination of the 50' x 5' parcel described in paragraph 5.1 above, and eh'tending northwesterly an additional 50' at the rear of the future outparcel 2 on the Kash n' Karry site. This brick wall will be constructed of bricks compatible with the wall at the Eagle's Watch subdivision on the eastside of Vistawilla Drive. The balance of the wall along the Kash n' Karry property line will be of stucco construction. 5.4 ContraVest shall constnlct a 6-foot stucco wall along the southerly property line of the apartment site between the designated wetlands in order to buffer the apartment site and the abutting single family development to the south. The placement of the wall shall be in accordance with the final engineering plans on file with the City. 6.0 The FDOT Water Retention Pond 7 ,.r2/B211 <3'38 15: 11 4137-422-1<324 ~ULLIVAN PROPERTIES PAGE 138 The City and the ContraVest desire to make the water retention pond being constructed and owned by the Florida Department of Transportation (FDOT) a more attractive amenity to the Courtney Springs Apartment development and to the SR 434 Corridor. To achieve this, the property owner and the City agree that acquisition of the FDOT pond by the City and the construction of certain amenities set forth below by the property owner will best. achieve these objectives. Therefore, the City and Contra Vest agree as f01l0\.\'s: 6.1 The City shall use its best efforts to acquire ovmership or control of the FDOT pond located on SR 434 immediately north of the portion of Tract 15~ Parcel 1-C of the apartment site. If the City is successful in acquiring ownership or control, that will permit the improvements, alterations and maintenance contemplated by the parties, then ContraVest agrees to undertake the foJlov..':ing responsibilities as set forth below, at its expense: 6 2 The City and Contra Vest shall share the costs associated with acquisition of the FDOT pond site with a cap ofHFTEEN HUNDRED DOLLARS ($1,500.00) from each party. In the event the costs to complete the acquisition exceed this sum, the City shall have the option, but not the obligation to pay the additional costs. If the City is unable to acquire ownership or control, then ContraVest shall not be bound to the requirements set forth in 6.3 through 6.6. 6.3 ContraVest shall provide enhanced landscaping around the pond per the plans and specification shown on the Canjn Associates Landscape Plan sealed and dated , on file with the Ofllce of the City Clerk, Winter Springs, Florida. 8 ,E:'/B2/1 '398 15: 11 4137-422-1'324 ~~LLIV~N PROPERTIES PAGE 139 64 mOT will be installing a black vinyl chain-link fence and gate around the entire pond as part of the SR 434 constmclion. ConlraVest shall replace the chain-link fence and construct a decorative fence along the entire SR 434 side of the FOOT pond consistent with that approved for the SR 434 frontage for the apartment site. If FDOT does not install black vinyl ch<lin-link fence, it shall be ContraVest's obligation to install the black vinyl fence around the other sides ofthe pond. 6.5 Contra Vest shall construct a lighted fountain in the pond. Contra Vest shall provide for maintenance in perpetuity for the enhanced landscaping, fencing, operation of the lighted fountain for the pond, and shall reasonably maintain the appearance of the water area in a clean, debris.free condition. 6.6 ContraVest shall provide an insurance policy or evidence of coverage in the amount of ONE MILLION DOLLARS ($1,000,000.00) in Public Liability insurance covering the services and activities of property owner relating to the pond. The policy shall name the City as a Co-Insured. Said policy shall be provided at the time the first Cenificate of Occupancy is issued for Courtney Springs Apartment complex. 8.0 Underground Utilities Along SR 4J.:l The City and the developers agree that each shall pay fifty percent (50%) of the cost of construction for underground electric and other utility lines traditionally constructed on poles along the frontZlge on SR 434 from the westem right-of-way of Vistawilla Drive to the western edge of the FDOT pond. The total cost to the developers for construct.ion of the underground utilities shall not exceed TlllRTY 9 .12/02/1998 15:11 " 407-422-1924 SUllIV~N PROPERTIES P~GE 10 ONE THOUSAi'm EIGHT HUNDRED T\\TENTY-FIVE DOLLARS AND FIFTY CENTS ($31,825.50), 9.0 Developers' or Successors' Continuing. Obligatic:m Contra Vest and Zimmer, or their successors or assigns, shall be responsible for the ongoing maintenance of the landscaping, walls, retention ponds, site amenities and other common areas and facilities on their respective properties, 10.0 Grace Period/Time to Cure: In the event the City determines rhllt any of the other parties hereto, or their respective successors or assigns, is nClt in compliance with landscaping installation as required by this Agreement, or fails (0 maintain the landscaping as required by City Code, The City shall provide written notice of violation to the owner of the subject parcel or parcels, stating the specific nature of the violation and the corrective actions to be taken to cure said non-compliance. The owner shall 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. The City agrees and acknowledges that a default by one party to this Agreement shall not affect the other parties' property. 11.0 Pursuant to the requirement of state law, the parties acknowledge and agree a. Duration of All:reement. This Agreement shall be recorded in the public records of Seminole County llt cost to the Property Owner and shall be a covenant running with the land b. Development I~sues. Development Issues shall be those pemlltted and controlled (such as building height, permitted uses, parking requirements and 10 .12/02/1998 15:11 407-422-1924 '::ULLIVAN PROPERTIES PAGE 11 other development standards) by existing City Code, including Ordinance No, 675 and the Settlement Agreement, except a5 said site development standards are specifically modified herein, c, Agreement Consistent with Comprehensive Plan, The City Commission and the local plarming agency have found that the land uses and development proposed are consistent with the City's Comprehensive Plan. By entering into this Development Agreement, the City Commission finds this Agreement consistent with the City's Comprehensive Plan. d Compliance With Other Laws The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Property Owner of the necessity of complying with the law governing said pemlitting requirement, condition, term or restriction, 12.0 Enforcement/Venue This agreement may be enforced by panies to it by bringing action in the Court of proper jurisdiction to interpret or enforce the provisions of this Agreement. Venue of any such shall be in Seminole COllnty, Florida, 130 Parties Bound This Agreement shall be recorded in t he Public Records of Seminole County, Florida and shall be binding on the heirs, assigns or successors to the Parties to this Agreement. 11 .1-2/B211 998 15: 11 4B7-422-1924 ::ULLIV~t~ PROPERTIES PAGE 12 DONE AND AGREED on this day of , 1998. WITNESS PROPERTY OWNER: ROBERT YEAGER, TRUSTEE NAME: NAME: ST ATE 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. NOT AR Y PUBLIC, 5T ATE OF FLORIDA Print Name: .My commission expires: 12 .12/B2/l'3'38 15;11 4B7-422-1'324 WITNESS: Name: Name: STATE OF COlJNTY OF '~ULLI\/AN PROPERTIES PAGE 13 lI.f\,11\1ER DEVELOPMENT, INC. By: The foregoing instrument was acknowledged before me this __._ day of , 1998 by He i~; personally known to me, or has produced as identificat.ion. NOTARY PUBLIC, STATE OF Print Name: I\tly commission expires: 13 .12/02/1 '398 15: 11 ,. 407-422-1'324 ';:.L'L LI \/ i4N PROPER TI ES PAGE 14 \VITNESS: CONTRA VEST, me. By: Name: Name: SIA IE OF FLORIDA COlTNTY OF The foregoing instrument was acknowledged before me this _ day of 1998 by He is personally known to me, or has produced as identification. NOTARY PUBLICI STATE OF FLORIDA Print Name: l'vly conunission expires: 14 .. . ... L2/B2/1S~b lb: 11 'ltJ/-'lLL-1':JL'l ATTEST: MARGO FIERCE, CITY CLERK STATE OF FLORIDA COllNTY OF =ULLIVAN PROPERI1~~ CITY OF WINTER SPRINGS I-'AGt 15 The foregoing instrument was acknowledged before me this _ day of November 1998, by Paul P Partyka, Mayor of the City of Winter Springs, Florida. He is personally known to me, or has produced. as identification. THIS J.)JSTRUMENT PREPARED BY: Robert D. Guthrie, Esq. FR1\1'I'K KR1JPPENBACHER, P.A P. O. Box 3471 Orlando, FL 32801-3471 -- PAUL P. PARTYKA, MAYOR NOT AR Y PUBLIC, 5T ATE OF FLORIDA Print My comm.ission expires: ___ is 9 .. E:.)(\-\\\?\T -A q' ~ OVERALL BOUNDARY KASH 'N KARRY/APARTMENTS/TUSCAWILLA LEGAL DESCRIPTION COMMENCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA; THENCE RUN S00024'55"E, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A DISTANCE OF 205.56 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE LAKE CHARM BRANCH OF THE SEABOARD COAST LINE RAILROAD (S . C. L. ) (100' R/W); THENCE RUN N54034'57"W, ALONG SAID NORTHERLY RIGHT- OF-WAY LINE, . A DISTANCE OF 293.14 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 24044'10" AND A RADIUS OF 1959.19 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 845.83 FEET TO THE POINT OF TANGENCY; THENCE RUN N79018'14"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 691.26 FEET TO . THE POINT OF CURVATURE OF A .cURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 11046'38" AND A RADIUS OF 2612.09 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 536.92 FEET TO THE POINT OF TANGENCY; THENCE RUN S88055'08"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 178.11 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF VISTAWILLA DRIVE; THENCE RUN N10023' 19"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.23 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 69000'18" AND A RADIUS OF 540.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 650.36 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 14057'22" AND A RADIUS OF 710.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.33 FEET TO THE EASTERNMOST CORNER OF HOWELL CREEK RESERVE PHASE ONE, AS RECORDED ON PLAT BOOK 49, PAGES 10-12, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE NORTHERLY LINE OF SAID HOWELL CREEK RESERVE PHASE ONE; THENCE N30022'39"W, A DISTANCE OF 356.04 FEET; THENCE N89052'39"W, A DISTANCE OF 2100.00 FEET; THENCE NOOo07'21"E, A DISTANCE OF 100.00 FEET; THENCE N89052'39"W, A DISTANCE OF 47.50 FEET TO THE SOUTHEAST CORNER OF CREEKS RUN, AS RECORDED IN PLAT BOOK 53, PAGES 1-3, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE EASTERLY LINE OF SAID CREEKS RUN; THENCE N00007'21"E, A DISTANCE OF 95.77 FEET; THENCE N47003'59"E, A DISTANCE OF 152.67 FEET; THENCE N00007'21"E, A DISTANCE OF 18.20 FEET; THENCE N55038'10"E, A DISTANCE OF 58.83 FEET; THENCE N21047'50"W, A DISTANCE OF 73.83 FEET TO THE NORTHEAST CORNER OF SAID CREEKS RUN; THENCE DEPARTING SAID =.;, ~ . ~ EASTERLY LINE, RUN S89052'39uE, A DISTANCE OF 16.17 FEET; THENCE N28005'28uW, A DISTANCE OF 85.60 FEET; THENCE N24026'37uW, A DISTANCE OF 77.74 FEET; THENCE N10023'19uW, A DISTANCE OF 68.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY, AS DEPICTED ON THE RIGHT-OF-WAY MAP FOR STATE ROAD NO. 434, SECTION 77070-2517; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE S8 9 0 4 9' 07 uE, A DISTANCE OF 142.37 FEET; THENCE SOOo10'53uE, A DISTANCE OF 5.00 FEET; THENCE S89049'07uE, A DISTANCE OF 200.00 FEET; THENCE NOOoIO'53uE, A DISTANCE OF 5.00 FEET; THENCE S89049'07uE, A DISTANCE OF 133.00 FEET; THENCE SOOolO'53uW, A DISTANCE OF 289.00 FEET; THENCE S89049'07"E, A DISTANCE OF 800.00 FEET; THENCE N00010'53uE, A DISTANCE OF 294.00 FEET; THENCE S89049'07uE, . A DISTANCE OF 1383.53 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT-OF- WAY LINE OF VISTAWILLA DRIVE; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE S00027'38uW, A DISTANCE OF 206.85 FEET; THENCE S05015'00uE, A DISTANCE OF 100.50 FEET TO A POINT ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 63058'36" AND A RADIUS OF 710.00 FEET; THENCE FROM A TANGENT BEARING OF S00027'39uW, RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 792.79 FEET TO THE POINT OF BEGINNING. CONTAINING 35.096 ACRES, MORE OR LESS. TUS4/KNK1PLAT.DOC 11/10/98 REV'D 12/2/98 SVB , , , , , , , , , , , , , , , , , , , , , , , , ~, , , , , , , , -- '-C) :~ , ~, , -- 'x , ' '::::: , /' :<0 ,Q) ::cs :\J , ;.... ,r '<b :Cl '/' iQ , , , , , , , , , , , , C' :6 '<0 'I... :Q) , 'k , ;.... 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" '\ / I I .......... 82)_ 'cP, a a If " I "" HESS SITE .... .... \ \ \ \ I' \~... 1\ I.. , \ \ \ \ \ \ , , \ , , , , " -$- B 6 '\ , , , , , .- , oJ> N\;<ARRY , , , , , '-tI> , , , , , ., , , , , , , . :i> , " \ \ \ \ \ \K ASH 5' X 20' SIGNAGE DEDICAT:ION , , RET AIL STORE " ,- , ~ -, - , , , "'", \ \ \ \ \ \ \ , .... , , , , , , , , , , , , , , , , , , , , , , , , , I , \ \ I I , \ , \ , I \ '." .,,, \ \ \ \ ~ \ B' \ I I , "0 '" \ "" , ::- \..... ',\ \ B 7 " .... " 2 '\... \ " \ \ \ \ \ 1 \ ) I / / I \" 5' X 50' SIGN AGE DEDICATION / ,c( - -~ ~" /:,' /~~,--~;;~t;fv/~~:CH / / / WINTER SPRINGS FLORIDA DEVELOPER'S AGREEMENT EXHIBIT "B" TUSCAWILLA TRACT 15 PARCEL Ie R SINGLETON &: ASSOCHATJES9 RNCORPORATElOl SIGNAGE DEDICATION ENGlloIEElllloIG . PlIUINll'\IG . SUII\'EVING . ENVlllIOIolMfNIJ/ll 520 SOUTH MAGNOLIA AVENUE ORLANDO, FLORIDA 32801 (407) 843-5120 FAX 407-649-8664 SHEET IOF I JOB NO.: I<Nl< 1 FILE: EXHIBIT .00'1 LARGE FLOWERING SHRUBS Shrubs, Ground Cover, . Sod JP Juniperus parsonii 3 Gal.; 1S"x18"; 24" O.C. 550 Dwarf Juniper Full LL ligustrum luefdum 3 Gal.; 30"x24" 36" O.C. 650 Japanese Privet LM-E Lirlope museari 'Evergreen Giant' 1 Gal.; 9 P.P.P.; 18" O.C. 650 Evergreen Giant Full RI-W Raphiolepis indica 'Alba' 3 Gal.; 1S"x18"; 24" O.C. 200 White India Hawthorn Full TJ-A Traehelospermum asiaticum 1 Gal.; Full 12" O.C. 200 Texas Longleaf Asian Jasmine VO Vibumum odoratissimum 3 Gal.; 30"x24" 36" O.C. 260 Sweet Vibumum VS Viburnum suspensum 3 Gal.; 30"x24" 36" O.C. 400 Sandankwa VlbLlmum ---- NP-S Nerlum oleander 'Petite' 3 Gal.; 30"x24" 36" O.C. 95 Salmon Oleander Plant List -. . BLACK VINYL COATED CHAIN LINK FENCE (typ.) (WITH FLOWERING VINES PLANTED THREE Jf]!;]!;")" U1"l \"~NTER) Size Qty. Symbol Latin and Common Names Trees' Palms POWER POLE l,OCATION (typ.) (POSSIBLY REMOVED IN THE FUTURE) PROP'OSED 5' SIDF\VA' ,K I NS-65 lIex 'Nellie Stevens' Nellie Stevens Holly 65 Gal.; 10'x5'; 3" Cal.; Full to Pot PO-30 Platanus occidentalis 12'x6'; 2-1/2. Cal.; 15 Sycamore Uniform, Matched; Nursery Grown 40 QS-65 Quercus shumardii 65 Gal.; 12'x5'; Shumard Oak 3-1/2. Cal.; 5' C.T. aV-65 Quercus virginiana 65 Gal.; 12')(6'; 3 live Oak 3" Cal.; 4' C.S.T.; Matched 15 UP-08 Ulmus parvifolia 8'xS'; 2" Cat.; Drake Elm 4'C.S.T. 10 11 50 12 LL-t08 L1gustrum lucidum Ligustrum Tree 4 8'x6'; 3' C.M.T.; 1-314" Cal; 3-4 Major Trunks; Matched SMALL TO MEDIUM SIZED TREES. (ELM, LIGUSTRUM, REOBUD) CRAPE MYRTLE .--.----_'DECORA.TIY_E__A~UMINUM FENCE WITH STUCCO COLUMNS 170 LS-10 liquidambar styraelflua Sweetgum 'Palo Alto' 30 Gal.; 10'xS'; 2-1/2" Cal.; 4' C.S.T. MG-65 Magnolia grandiflora Southem Magnolia 65 Gal.; 12'x6'; 2-1l2" Cal.; 4' C.T.; Matched; Uniform; Full CCR-10 Cerels canadensis Redbud 10'x5'; Full ..-- -.---- ---..-- .-..-.- ..- ---------- LL-t1 0 llgustnlm lueidum llgustrum Tree 10'XS'; 4' C.M.T,; 3-4 Major Trunks; Specimen Ulmus parvifolia Drake Elm c 10'x6'; 2. Cal.; 10 4'C.S.T. PROJECT SIGNAGE (typ.) DE~CORATIVE Al,UMINUM FENCE/ ST\UCCO COLUMNS S.R. 434 ---. \ \, \, \. ,..., .-,\...--..- \ '. -....- ~ \ \ FOUNTAIN --;:--\ \ - \..... .... ... ,. . ,/ ... . _ ,.' ,", r- ~.;., '_,.... I ..:: ~~rl' .,,~:-...., I , . \ {..r. ' p) . .., , . ( : \{ .. l '. · ) _ ; " ... ~. oJ . :J -'\. ",""il , , .'. -II '.' ~ .. ,. . t,.... _4, .. ,,~ ~ ~, "- "~ PALM TREE (typ.) I \ \ \ CYPRESS TREE (typ.) F.D.O.T. RETENTION AREA SHRUB MASSING (typ.) LIVE OAK CANOPY \ \ , , FLOWERING VINES PLANTED THREE FEET ONCENTElf : tryp. /' /. INTERIOR TREES: LIVE OAK/ SYCAMORE SHADE TREES lif'i: si:Q i:ion sii:e WETLAND AREA 00 o a:o wei:lo.nd I ~ 15' WMD BUFFER LANDSCAPE BUFFER -- A.C.O.E. JURISDICTION LINE SJRWMD JURIDICTION LINE NOTES: 6' MASONRY WALL "l SOD . ~ EARTH BERM/LANDSCAPE BUFFER (ALONG EAST PROPERTY LINE) ONE TREE EVERY 75' CONTINUOUS SHRUBS I. 2. J. ~. '12' WAX MYRTLES (typ.) EVERGREEN SHRUllS. LIGUSTRUM, VIBURNUM. INOIAN HAWTHORNE MEDIUM SIZED EVERGREEN TREE LICUSTRUM, EI,M SIDE AND REAR PROPERTY LINES: ONE (1) CANOPY TREE SHALL BE PLANTED PER 100 LINEAL FEET. ONE CANOPY TREE WILL BE PLANTED PER ISLAND. THE PROJECT BACK FLOW PREVENTOR AND ALL AIC UNITS SHALL BE SCREENED WITH PLANT MATERIAL THE SITE COMP~crOR SHALL BE SCREENED WITH LANDSCAPE MATERIALS AND A MASONRY WALL CONSTRUCfED ON'EACH SIDE. ............ EACH BUILDING ~HALL BE LANDSCAPED WITH FOUNDATION SHRUBS, EVERGREEN GROUNDCOVER, AND SHADE TREES. AREAS OF THE SITE THAT ARE NOT LANDSCAPED SHALL BE PLANTED WITH ST. AUGUSTINE SOD. ALL VEHICULAR USE AREAS AND PARKING AREAS SHALL BE SCREENED WITH LANDSCAPE MATERIAL FROM ROAD RIGHTS-OF-WAY. OVER 25% OF THE SITE SHALL BE PLANTED WITH LANDSCAPE MATERIALS. ALL LANDSCAPE MATERIAlS SHALL MEET OR EXCEED STANDARDS FOR FLORIDA NO.1 PLANTS, AS SPECIFIED IN THE CURRENT. GRADED AND STANDARDS FOR NURSERY PLANTS, PARTS I AND II PUBLISHED BY THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE CONSUMER SERVICES. IRRIGATION SHALL BE PROVIDED FOR ALL LANDSCAPE AREAS. GROUNDCOVERS JUNIPER. JASMIIIlE EVERGREEN 51: .\DE TRE~ I.IVE OAK, 5W'CAMQ!I,Ii. NOTE: THE S.R. 434 FRONTAGE WILL BE PLANTED WILL WITH MEDIUM TO LARGE SIZED TREES TO AVOID A CONFLICT WITH THE OVERHEAD POWER LINES. THE DENSITY OF THE TREES WILL BE WITHIN SUBSTANTIAL ACCORDANCE TO THE VISIO~ COORIDOR PLAN. FOR TREE TYPES TO BE PLANTED, SEE ABOVE TREE LISTING: s. 6. 7. 8. 9. ACCENT SHRUBS ft~r::: North PROTOTYPICAL BUILDING LANDSCAPE PLAN ;0. NTS. III ~ ~ '.~ W~. ~~1 ---- .....q- ,J ~ I- e Q) R.( 0.. 0 ')- o.....q- " (.) -.) __ (f) ., U -cce::: ..- ,.'-, o .~ ---,co ON.... en- l"") '.:= o '":'" :12 J: III ~ ~j III ~ 0- ;....... '-I- '"0 ; J) C. o ,)) C~o'- E -- ~ "-> ,. C.e ~ 6- ~e::: i,~ .2Li Q). o >- U ..o:::>~ 0 ~ o '_, L.{') '...J \ \ r '" en I- ~ en z - W a: fI) CJ > a. z - c( UJ a: a. en a: >- II: I- w w Z ... Z z I- ~ 0 a:: (.) :) 0 () "'--- ---- -.......-. ..-.... ..-- ---- -.. .......M ,_ ...,--.-- DATE REVISION DOCUlIKNTS RELEASDED FOR:. DATE: .-.-.- -_. OWNER REVIEW: ----- .. BIDDING PURPOSES ONLY: GII ZLS 198002 ITUS 4PMA5-A JOB NO.: 98002 DATE: 10/27/98 SCALE: 0- 1'= 50'-0' ._---- DRAWN BY: So -..-.-- DESIGNED BY: KV -- ....-- CHECKED BY: \.... KV ~ SHEET NO. 1 OF: 1 -J - ~ SIGNAGE DESIGN CONTRAVEST COURTNEY SPRINGS WINTER SPRINGS, FLORIDA 58' _ 011 ,z' _~f( i z' - b Ie 14-1 - i:> II 1+' _ I, It PRECAST CONCRETE BAND 1~ !:\,=,I_Oll PRECAST CONCRETE CAPS ...~ ELEVATION SCALE: NOT TO SCALE 1611 X 1611 TILE PANELS RAISED SIGN FACE AREA TILED BACKGROUND ;I RAISED PLANTER ,RAISED LETTERING GROUNDCOVER PLANTINGS N ccnln aSSOciatES Urban & Envlronmentll Planners · llndscape Architects 500 Deloney Avenue. Orlando, Florida 32801 (407) 422-4040 DATE 8'4'~8 SCALE J03 NUMBER ~ ~oO-z.., COPYRIGHT (C) 1998 CANIN ASSOCIATES, INC.