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HomeMy WebLinkAbout1999 09 13 Regular Item D COMMISSION AGENDA ITEM D Consent Information Public Hearine Reeula r XX September 13, 1999 Meeting MGR. p./ /D~ REQUEST: The Community Development Department, Land Development Division, presents to the Commission recommendations for a proposed Development Agreement for the Winter Springs Golf Course. PURPOSE: The purpose of this agenda item is for the City Commission to consider recommendations for a proposed Development Agreement for the Winter Springs Golf Course. Winter Springs Golf Course is located north of SR 434 with the physical address of900 West SR 434. APPLICABLE CODE OR LAW: S.R. 434 CORRIDOR VISION PLAN, REDEVELOPMENT AREA Sec. 20-463 OfT-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. Sec. 20-464 Landscaping. (14)(a) Parking areas shall include landscaped curbed islands at the ends of each row of parking. These islands shall be a minimum often (10) feet wide and as deep as the combined parking space(s) plus median, if and shall include at least one (]) canopy tree. Sec. 20-466 Signs. (b) Ground Mounted Single-Tenant Identification Sign: One (1) wide-based monument style permanent project identification sign shall be permitted per single- September 13, 1999 PUBLIC HEARING AGENDA ITEM D Page 2 tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. Sec. 20-470 Development Agreement Any developer may propose to enter into a developer's 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 thirty-five (35) 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 enhance perimeter landscaping or buffering is provided to assure that the objectives of this ordinance are achieved. Sec. 20-471 Corridor Design Review Board The Development Review Committee shall serve as the Corridor Design Review Board for developments in the Redevelopment 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 20-470 of this Code. CONSIDERA TIONS: 1) The developer has submitted engineering plans for the redesign of the parking lot for Winter Springs Golf Course. 2) The developer requested a variance to Section 20-466 of the Code, through the Board of Adjustment and the City Commission, to have two (2) ground mounted September 13, 1999 REGULAR AGENDA ITEM D Page 3 single tenant identification signs spaced less than two hundred (200) feet apart. The distance between the two (2) signs is one hundred twenty one (121) feet. The Board recommended denial of a variance and instead recommended a development agreement between the City and the Winter Springs Golf Course. 3) The developer has considered a variance request for Sections 20-463(1) and 20-464(14)(a) but chose not to apply through the Board of Adjustment because it was too time consuming. 4) The developer, as a condition to entering into a development agreement, has agreed to provide enhanced landscaping and to provide twelve (12) complimentary junior golf clinics between October 1, 1999 and September 30, 2000. FINDINGS: I) 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 varia.nces: a. Two (2) ground mounted single-tenant identification signs one hundred twenty one (121) feet apart; b. To eliminate curbs on the island medians; and c. To have some islands at the end of the parking rows less than the required ten (10) feet in width. 3) The variance request for the separation distance between the two signs was formally presented to the Board of Adjustment. The other two issues were not presented to the Board of Adjustment at the request of the developer. 4) The Development Agreement would provide: a. Enhanced landscaping; and b. A minimum of twelve (12) complimentary junior golf clinics which will be conducted in partnership with the City's Park and Recreation Department. 5) A determination must be made as to whether this is a constrained site. September 13, 1999 REGULAR AGENDA ITEM D Page 4 6) The Development Review Committee has reviewed the proposed Development Agreement and offers no objections to the agreement as presented. RECOMMENDA TION: It is recommended that the City Commission review the proposed Development Agreement and direct Staff to incorporate any changes prior to the First Public Hearing. ATTACHMENTS: A -Community Development Director's Letter to Elliot Chick dated August 13, 1999 B - Charles Carrington, Community Development Director Memo to Bob Guthrie dated August 18, 1999 C - Land Development Coordinator Memo to Community Development Director dated August 19, 1999 D - Landscape Plans COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-0018 Community Development August 13, 1999 Elliott Chick, General Manager Winter Springs Golf Course 900 W. SR 434 Winter Springs, FL 32708 Re: Golf Course Entry Sign and Parking Lot Improvements Dear Mr. Chick: City Staff and City Consulting Landscape Architect William Starmer have reviewed the above referenced Site Plan and Landscape Plan submittals for compliance with the S.R. 434 Corridor Vision Plan- Redevelopment Area. In order for the City Commission to formally consider your requests for variances related to the signs and the parking lot [section 20-463(1) and 20-464(2)] of the Corridor Vision Plan, the following steps are recommended: · The Landscape Plan must be signed & sealed by a registered Landscape Architect. · Wall/Signature details must be shown on the site plan or referenced on the site plan. · The physical location of the wall/signature must be shown on both the landscape plan and the site plan. · The landscape plan must be amended to reflect the enhanced landscaping as described in the attached letter from Mr. Starmer dated August 9, 1999. · Prepare a draft Development Agreement describing the variances requested and stating that the Winter Springs Golf Course agrees to provide the enhanced landscaping. Upon receipt ofthe requested items, staff will forward the Revised Plans and the Associated Development Agreement to the City Commission for action. Sincerely, ~rle~ ;;'::-gton. A~unity Development Director Enclosures: cc: Ronald McLemore, City Manager G srI 9 Aug 99 Ronald W. McLemore City Manager 1000 East SR 434 Winter Springs.. Florida 32708 Re: Winter Springs Golf Course Entryway Enhancement Ron Pursuant to our recent discussions regarding the above referenced project"please review the following opinion of additional enhancements to this site to compensate for the signage locatio.n violation. The following additional landscaping can been seen on the attached exhibits A and B: 1. Add (7) 4" caliber trees 2. Add approx 1200 square feet of shrub (ie: variegated pittosporum) 3. Add approx 3500 square feet of ground cover (ie: giant green liriope) 4. Add (3) 60 foot long, 3 foot high earth berms 5. Add appropriate mulch bed and irrigation for the above plantings 7(450)=$ 3,150 600(9)=$ 5,400 2350(2.75)= $ 6,463 120cy(5)= $ 600 4700(0.35)=$ 1,645 Note that the proposed improvements are shown on the attached exhibits which do not accurately show the entry wall and signage, thus the landscaping would need to be coordinated with same. Please feel free to contact us if you have any questions and we trust this opinion is in keeping with your intent and the City's best interest. R\l1S W~'J Starmer NCARB President cc: Elliot Chick WSGC General Manager , < SI:Hlll('r I{:lll:ddi l'I:lIlllitlt~ :11,,1 ^H~hilt:Cltl(C Illc. ^^.()02lJK.t K'IO NOllllc", W:'y .,,,it.; 1:.1 w""." SI"'III:.'. 1'10"01,, I2"JOK 1'11011<: ~07 "177 10KO h.'. .\07 ')77 101') .". - .~~ ~~ ..' , .~: ~ '. . C' I ...,. C'. .' \ . .11 i . i \' , !: eve S>~ c l so:JTH:.T.'.. " ll"': or rw-:; 7' .,.,." rTY rt.SDJ.ENl .~\ ~X)\H~" A ~~ ~?t= Of~tED p~ -z,{DE- op- ~ ~[;.~ ~ 4:P <c.co ~ cf- ~ Cc>v1;Z- ~ 7:>IbE CF- rx:>n1 l5-NTP-/E-? ~ ~ t>,t>D <.0' l-oN'1 :: /if<,b' f/;;I'M. _~ - w/. ~= 1>F ~~ c=y.Eft- . 1 N ;='}l-eN'i ~ /HS.bt(E. ~ ~ 'Z> -r!'FE~ " 1:"'C.U.P '-V r. ~ "':~". -. ~'-c;".,,_'. ~';f \~ \. " :'-"""",=..",- ; ~ 0' r f=.xr\ 1m f::, :Apt:> (2.) UoI~ ~ ~~ '/':JF!-M~ \-Vl 9~ u.~ ,tV I'kNT cF I/I5b1I= (Xc> "='r ~ cO'F--/-- ~~""-tl #f'M ) " AJ::t:> (2..) ~ ~ ( MEMORANDUM TO: Bob Guthrie Charles C. ~d,nn, Community Development Director August 18, ~. FROM: DATE: RE: Winter Springs Golf Course Development Agreement This matter is on the agenda Monday August 23rd as Regular agenda item "B" (recommendations of the P & Z Board on the Winter Springs Golf Course). Please review the draft development agreement and advise of changes/alterations needed to finalize the document. Enclosure cc: Ron McLemore, City Manager Don LeBlanc, Land Development Coord. CITY OF WINTER SPRINGS 1126 STATE ROAD 434 WINTER SPRINGS, FLORIDA 407-327-5970 FAX:407-327-7180 FAXED 8 ,.I~ ,.qtj FACSIMILE TRANSMITTAL SHEET TO: Bob Guthrie FROM: Charles C. Carrington, AICP COMPANY: DATE: August 18, 1999 FAX NUMBER: 426-7767 TOTAL NO. OF PAGES INCLUDING COVER: 7 PHONE NUMBER: SENDER'S REFERENCE NUMIIER: RE: YOUR REFERENCE NUMBER: Wintet: Springs Golf Course Development Agreement o URGENT X FOR REVIEW o PLEASE COMMENT 0 PLEASE REPL Y o PLEASE RECYCLE NOTES/ COMMENTS: 08/18/1999 13:28 INTERI-lATlOAL GOLF-r1EADOWBROOK -; 14073276695 ( f 1'10.340 Gl01 - ... ! ME I ,OWlBROOK 524 SIMPSON RD KISSIMMEE, FL 34744 407-344-9353 FAX: 407-344-8959 G 0 L f G R 0 U P TO: CMkl~ (t4~~rJ /' f & 1 ~ t , 7~ FROM: GREG CHRISTOVlCH CC~ DATE: rf9 c~t..t; ~ 36g8 L/q' .{17 RE: f&~ A-v- ~J4 I c,J( the.- tJ,~ t~-/J /t 0/& r/J ':J>J \ , ~ .08/18/1999 13:28 I NTERNAT I GAL GOLF -r'lEADOWBROOK -,; 141373276595 ( NO. 340 002 DRAFT 8/18/99 DEVELOPME~NT AGREEMENT TIllS DEVELOPMENT AGREEMENT made this _ day of , 1999, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter frequently called "the City'') and Meadowbrook Winter Springs, L.L.C., (hereinafter called "the PropeTty Owner'') and is based on the following premises. WHEREAS, the City has regulatoty power and responsibility involving comprehensive planning and land development regulations pursuant to state law; and, WHEREAS, the City has exercised legislative authority within the City limits of the City in adopting a comprehensive plan (hereinafter frequently called the Plan); and, WHEREAS, the City has been a40pting land development regulations (hereinafter frequently called "LDRsU) in the City, including U1e State Road (S.R.) 434 corridor; and. WHEREAS, certain Qfthese LDRs affect property owned by the Property Owner, which property is described as: see Exhibit A: Property Description, attuched hereto (and by this reference incorporuted herein) and hereinafter frequently called the "Property," and. WHEREAS, the City and the Property Owner have discussed the matter of preparing a Development Agreement affecting Property Owner's Property because its proximity to the S.R. 434 Redevelopment Area Design Guidelines, and, WHEREAS, the Property Owner wants to request an entrance sign variance and site plan exceptions of the: S.R. 434 Redevelopment Area Design Guidelines and property owner agrees to provide certain conUnunhy programs and landscape enhancements as described in Exhibits attached. NOW THEREFORE BE IT AGREED BY THE PARnES as follows: 1. The Parties acknowledge that the foregoing statements are true and correct. 2. The City bas adopted Ordinance 683 entitled The Redevelopment Area Design Guidelines. 3. The City and Propotty Owner have considered the concept of granting an entranee sign, variance allowing the entrance signs to be located _ feet apart in lieu of tile 200 foot separation required by the Redevelopment Area Design Guidelines. 4. the City and the Property Owner have considered the concept of granting an entranee sign variance to aUow entry signs to be located closer than 200 feet and a distance of _ apon. This would apply to the Property and address its unique location and still achieve the City's articulated objectives of implementing the S.R. 434 Corridor Vision Plan. 08/18/1999 13:28 I NTERNRT IORL GOLF -1'lERDOl"lBROOf< ... 1413732766% NO. 340 Q03 5. Therefore, the Parties to this Agreement agree: (a.) Property Owner bas requested an entrance sign variance for the Property .illustrated in Exhibit A attached. (b.) In consideration for approval by the City of the Variance the cJub agrees to partner with the City's Park and Recreation Department to create and implement a program for junior golf in~truction at the club, said plan to be implemented no later than October It 1999. As described in Exhibit __' (c.) In connection with the program the cJub win provide a minimum of 12 complimentary junior golf clinics during the 12 months from October 1. 1999 through September 30, 2000. As described in Exhibit __' (d.) In cOJ)Sideration for approval by the city, the club also agrees to provide landscape enhancements described in Exhibits D & E attached. (e.) The provisions of this Agreement shall expire 12 months after its execution, unless extended in writing by the Parties and approved by the City Commission of the City. (f.) The Junior OolfProgram will be a continuing program (beyond the 12-month initial agreement) with the Pork and Recreation Department on a nominal fee basis. paid by the participants. 6. This Agreement shall bind and insure to the benefit of the parties and their successors, assigns and heirs. 7. Agreement to be recorded in Public Records. A copy ofthis Agreement certified by the City Clerk of the City of Winter Springs. Florida os being 11 true and correct copy of the Agreement approved by the City Commission of the City of Winter Springs, and maintained in the records of the said City Clerk, shall be recorded in the Public Records of Seminole County, Florida. 8. Notices. All notices. request, demands, and other communications hereunder shall be in writing and shall 00 deemed given if personally delivered or mailed, certified mail, rctWll receipt request to: If to City, to: City Manager, Cny Hal~ City of Winter Springs, 1126 East Stare Road 434, Winter Springs, Florida 32708. With a copy to: City Clerk, City Hall, City of Winter Springs. 1126 East State Road 434, Winter Springs, Florida 32708. Jfto Property Owner, to: Larry Roberts, Development Coordinator, Meadowbrook Golf Group, 524 Simpson Road, Kissimmee, Florida 34744, 9. Venue - This Agreement shall be construed in accordance with the law5 ofthc State of Florida., with the venue in Seminole County. . 08/18/1 999 13:28 INTERNATlOAL GoLF-MEAD~JBROOK ~ 14073276695 ( NO. 340 D04 10. Severability. If an)' provision or portion ofthc Agreement is declared by any court of competent jurisdiction to be void, unconstitutional, or Wlenforceable, then all remaining provision Bnd portions of thIs Agreement shaH remain in full force and effect. 11. Entire Agreement - This Agreement supersedes any and all agreements, either oral or Mitten. between the parties hereto and contains all the COVCDJlnts and agreements betw~n the parties with respect to the Property. 12. Amendment - Any modification. amendment or change ofthia Agreement will be effective only if it is in writing and signed by both parties. EXECUTED AND AGREED TO BY THE PARTIES on the date first written above. CITY~ PAUL P. PARTYKA. MAYOR WITNESS: Print Name: WITNESS: Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE Paul P. Partyka, Mayor of the City of Winter Springs on behalf oftbe municipal corporation, acknowledged the foregoing instrument before me this ~ day of 1999. He is personally known to me, or has produced as identification. NOTARY PUBUC, STATE OF F1.0RlDA Print: My COImnission expires: OWNER REP: LARRY ROBERTS, DEVELOPMENT COORDINATOR MmADO~ROOKGOLFOROUP WITNESS: FTinl Name: WITNESS: Print Name: 09/18/1999 13:28 INTERNATIOAL GOLF-MEADOWBROOK ~ 14073276695 ( STATE OF FLORlDA COUNTY OF SEMINOLE Larry Roberts, Development Coordinator for Meadowbrook Golf Group, acknowledged the foregoing instnunent before me this _ day of 1999. He is personally known to me, or has produced a9 identification. NOTARY PUBLIC, STATE OF FLORIDA Print: My Commission expires: NO. 340 Q05 I -RAt'I~3r'..W:;:=;ICI\'1 \/EF:IFICATICN REPCIRT ( I TIME 01/09/1996 08:52 NArvlE ('HNTERSPt'jGS FAX 14873277188 TEL 4873271880 DATE, TItvlE FAX NO./I-4AlvlE DURA TI ON PAGE(S) RESULT MODE 01/89 08:49 4267757 OEl:02:47 137 Of< STANDARD EOI" August 19, 1999 To: Community Development Directow Land Development Coordinator~ From: Re: Community Development Director Memo dated August 18, 1999 Subj: Winter Springs Golf Course Development Agreement I have reviewed the above referenced proposed Development Agreement between the City and the Winter Springs Golf Course and offer the below listed comments: 1) The development agreement itself is not to be discussed at the August 23, 1999 Commission meeting. The only thing to be discussed is Staff recommendations as to what should be included in the agreement. Florida Statutes required two (2) public hearings (duly advertised in the newspaper about seven (7) days prior to each public hearing). This has not been done. 2) In the last WHEREAS on page 1, it is mentioned that there are to be site plan exceptions to the SR 434 Redevelopment Area Design Guidelines. These are not listed in the body of the agreement. The Golf Course is requesting variances to Section 20-463(1) which requires the curbing of driveways and parking spaces, and Section 20-464(14)(a) which requires ten (10) foot landscaped, curbed islands at the ends of each row of parking (please see attached Pages 5 and 6 of the Regular Agenda Item B scheduled for the Commission meeting of August 23, 1999). . 3) The variance request for the signs to be less than two hundred (200) feet apart stated that the signs would be one hundred twenty one (121) feet apart. 4) It is assumed that the blanks referring to Exhibits in Paragraph 5(b) and 5(c) will be Exhibits Band C. 5) Section 20-470 of the Code (Redevelopment Area) addresses Development Agreements and reads: Any developer may propose to enter into a developer's 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 thirty-flve (35) feet is requested, the August 19, 1999 Community Development Director Page 2 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. QUESTION: Must this site be found constrained prior to entering into a Development Agreement? If this is the case, then there must be some verbiage in the document so stating. ( August 23, 1999 REGULAR AGENDA ITEM B Page 5 groundwater elevation on the lots, and adequacy of the lot grading and drainage plans. (10) Street lighting plan, demonstrating power company participation. (11) Landscaping plans. Where site is commercial, industrial, or multifamily in nature, landscaping plans shall be presented along with the final development plans, unless specifically waived by the staff at the time of processing the preliminary plan. S.R. 434 CORRIDOR VISION PLAN - REDEVELOPMENT AREA CHRONOLOGY: S~ptember 1, 1998 - Pre-Application Meeting with Staff February 16, 1999 - Final Engineering submitted to the City for review June 22, 1999 - Development Review Committee met on Final Engineering July 7, 1999 - Final Engineering presented to Planning and Zoning Board FINDINGS: 1. The plans, as submitted, do not meet the requirements of Sections 20-463(1) and 20-464(14)(a) of the SR 434 Corridor Vision Plan - Redevelopment Area. Sec. 20-463 OfT-Street Parking and Driveway Requirements. (I) Paved Driveway and Parking Spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. Developer states: "The parking lot is existing and will have minor modifications done to it. The existing parking is sloped towards the islands and the drainage runs into the islands and is collected in drainage pipes. Curbing the islands would prevent the parking lot runoff from flowing throvgh the island medians." Sec. 20-464 Landscaping. (14 )(a) Parking areas shall include landscaped curbed islands at the ends of each August 23, 1999 REGULAR AGENDA ITEM B Page 6 row of parking. These islands shall be a minimum of ten (10) feet wide and as deep as the combined parking spaces(s) plus median, if any and shall include at least one ( 1) canopy tree. Developer states: "The existing parking has some islands at the ends of the rows which are not 10' wide, revising these islands would change the parking space layout and require recoating and restriping of the parking lot to adjust the spacing of the parking." 2) The developer desires a waiver to the above two (2) sections of the Corridor Vision Plan - Redevelopment Area. The developer was informed in writing and orally that the Staff could not waive requirements. This is a function of the Board of Adjustment and the Commission. 3) The developer was explained the proper procedure for a variance request and, because this is a timely process, elected to proceed without going through the variance procedure. 4) The developer was informed on September 1, 1998 that this project would be under the guidelines of the Corridor Vision Plan - Redevelopment Area. 5) The developer previously applied for a variance for sign spacing and the City Commission was in agreement provided enhanced landscaping was provided. The variances outlined in paragraph 1 can be incorporated in the Development Agreement. 6) The Community Developer has authored a letter to Winter Springs Golf Course outlining the steps required to fulfill the requirements of a Development Agreement. A Development Agreement is authorized under Section 20-470 of the Corridor Vision Plan - Redevelopment Area. RECOMMENDATION: Planning and Zoning Board recommends: "On the findings of the City Staff and the findings of this Board the plan for the Winter .springs Golf Club with the developer I.M.G., Meadowbrook Golf Group it is this Board's recommendation to recommend disapproval based on the fact that this plan does not comply with Code" with the following amendment, "that the developer come back with some drawings showing curbing and the necessary width of the planters at the end of the