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HomeMy WebLinkAbout1998 12 14 Public Hearings Item A COMMISSION AGENDA ITEM A Consent Information Public Hearine XX Reeular December 14. 1998 Meeting MGR. ~ /D~ REQUEST: The Community Development Department, Land Development Division presents to the Commission the Second Public Hearing for the Development Agreement for Tuscawilla Tract 15, Parcel Ie. PURPOSE: The purpose of this agenda item is for the City Commission to hold a 2nd Public Hearing to consider the Development Agreement for Tuscawil1a Tract 15, Parcel Ie. ParcellC is located to the south ofSR 434, east of Creeks Run Subdivision, north of Howell Creek Reserve subdivision, and west of Vistawilla Drive. FINDINGS: 1) The City Commission approved the First Public Hearing for the Development Agreement at the December 7, 1998 meeting. 2) 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, ParcellC, as presented at the December 7,1998 meeting. A TT ACHMENTS: December 7, 1998 - Commission Public Hearing Agenda Item A package without attachments - Development Agreement without exhibits COMMISSION ACTION: 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 I C. 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, ParcellC. Parcel IC 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 OfT-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 of frontage 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, 1998 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: 1) 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 (1) sign is to be located on Kash n'Karry future out parcel 1, one (1) 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 FDOT 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 THO A 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. 10) The developer, to the rear of Kash 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 Vistawilla 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 under grounding 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 of Kash 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 THO A 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; 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'Karry future out parcel 2 shall be office use only; 7) the developer is to pay 50% of the cost of under grounding of electric utility lines and poles on SR 434 to the western edge of the FDOT pond ($31,825.50); ,,' . Jo.., 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, ParcellC, as presented. ATTACHMENTS: 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 AT THE FffiST PUBLIC HEARING. DAY TIME PLACE - MONDAY, DECEMBER 14, 1998 - 6:30 P.M. - COMMISSION CHAMBERS WINTER SPRINGS CITY HALL 1126 EAST SR 434 WINTER SPRINGSFL 32708 COMMISSION ACTION: