HomeMy WebLinkAbout2007 10 08 Regular 608 Development Agreement Modification Building-Mounted Sign for Villagio
CITY COMMISSION
AGENDA
ITEM 608
Consent
Informational
Public Hearing
Regular X
October 08, 2007
Meeting
MGR. !~EPT /l)L
Authorization {;I'f~
REQUEST: The Community Development Department requests the City Commission approve
the proposed development agreement modification to allow one (1) internally illuminated,
building-mounted sign to exceed the maximum letter size and the maximum height of 14 feet
above the adjacent sidewalk at the Villagio shopping center.
PURPOSE: The purpose of this agenda item is to approve the proposed fifth modification to
the development agreement to allow one (1) building mounted multi-tenant identification sign at
the Villagio shopping center (a.k.a. S.R. 434 Retail).
APPLICABLE REGULATIONS
Chapter 166, Florida Statutes
Development Agreement (DA) & Modifications
Chapter 20, Section 20-470 (3) (c) & (t)
CONSIDERATIONS: Villagio (a.k.a. SR 434 Retail) was approved as a shopping center
with an Italian village theme within the C-l zoning district and the SR 434 New Development
Overlay Zoning District. It is comprised of one primary two- story building and two much
smaller detached single-story outbuildings on the same site. The first floor of the primary
building is retail with 6,000 SF of restaurant area at the northwest comer.
A sign permit application for the proposed Anytime Fitness depicted one internally illuminated
building-mounted multi-tenant identification sign for the north (SR 434 side). The application
did not meet the City's code requirements because it is proposed at approximately 21' above the
adjacent sidewalk, which is higher than the prescribed maximum 14' above the adjacent
sidewalk grade (Subsection 20-470 (3) (c) in the SR 434 New Development Overlay Zoning
District). The dimension of the sign is 4' (actual letters and logo is 2' 2" tall) instead ofthe 2'
October 08, 2007
Regular Agenda Item 608
Page 2 of2
maximum set forth in Subsection 20-470 (3) (t) of the City's Code of Ordinances. Staff agrees
with the applicant that, given the height of this portion of the building fayade and the archway on
the side of the building, the sign is proposed at the most appropriate and aesthetically pleasing
location for a building-mounted identification sign. The applicant's drawing depicts the 20'-4"
dimension - the top of the actual channel letters and logo - on the face of the building and
superimposes the proposed signage. In reviewing the proposal, staff considered not only the
dimensions of the building and its features, but also the distance from the building to the SR 434
ROW. In terms of consistency, the Y en-Yen sign was approved to extend to a height of 21' -4"
above the adjacent sidewalk in order to accommodate the existing archway of the building. The
proposed Anytime Fitness sign has a similar fayade and archway. It should be mentioned that the
proposed Anytime Fitness sign is located approximately 90' farther away from the S.R. 434 right-
of-way than the Y en-Yen sign.
RECOMMENDATION: Staff recommends the City Commission approve the proposed fifth
modification to the existing Villagio development agreement to allow the proposed dimensions
and proper placement of the proposed building-mounted multi-tenant identification sign.
A TT ACHMENTS:
A. Location Map
B. Subsection 20-470 (3) of the City Code
C. Proposed Signage
D. Proposed 5th DA Modification (provided separately by City Attorney)
CITY COMMISSION ACTION:
CDD/October 2,2007/1:43 PM
ATTACHMENT A
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PRINTED: REVISED:
Apr 2005 1: 2 : 3 .
City of Winter Springs, FL p:;e 2417
Developed By: Sou/heMtern Surveying & Mapping Corp.
ATTACHMENT B
Building Size (Gross Floor Area)
Anchor Tenant Additional Sign
Under 75,000 square feet
75,000--250,000 square feet
Over 250,000 square feet
2 of 12 square feet
3 of 12 square feet
4 of 12 square feet
An anchor tenant is defined as the major retail store(s) in a center that is/are in
excess of one hundred (100) front feet and a minimum area of ten thousand
(10,000) square feet.
(2) Ground mounted single-tenant identification sign: One (1) wide-based monument
style, permanent pIojeet sign shall be permitted per single':'tenant parcel. One additional
permanent wide-based monument style pIOject 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.
a. Shall only be reserved for the tenant's on premises use advertise one (1)
peIsoll, finn, company, cOIpoIation 01 major entelplisc occupying the plemises.
b. Shall be located no closer than fifteen (15) feet from the front, side or rear
property lines.
c. Shall not exceed two (2) faces.
d. 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.
e. Shall be consistent in design, format and materials with the architecture of
the proposed building.
f. The sign shall not be more than eight (8) feet in height above the closest
driveway or vehicular use area.
g. 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 annuals to promote color.
~ (3)
Building mounted multi-tenant identification sign for buildings with separate
City of Winter Springs
Ordinance 2006-18
Page 23 of 49
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 be consistent with the following criteria:
a. Shall be limited to one sign per tenant for on-premises use only advc.rtisc
onc (1)!f.Mill pC.l5on, firm, compauy, corporation or major cnteIpIise. occupying
the. pI emise.s.
b. The sign(s) shall be clearly integrated with the architecture of the building,
and shall be consistent in design, format, and materials with the architecture of the
proposed building.
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c. The sign(s) shall not either project above any roof or exceed a height of
fourteen (14) feet.
d. Wall signs shall display only one (1) surface and shall not be mounted
more than m twelve (612) inches from any wall.
e. When more than one (1) tenant sign is used on one (1) building, all tenant
signage shall be consistent in size, materials, and placement.
f. 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.
g. 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 permitted for a building mounted single tenant identification sign.
h. For office buildings without separate exterior tenant entrances, one wall
sign not exceeding two (2) square feet shall be permitted for identify ing each
individual tenant. The sign shall be located adjacent to the building entrance.
(4) Building mounted single tenant identification sign: In addition to the ground-
mounted idGntification sign, a building mountedidc.ntification sign may be permitted
consistent with the following criteria:
a. Shall only be reserved for one (1) tenant's on-premises use advertise one
City of Winter Springs
Ordinance 2006-18
Page 24 of 49
--
ATTACHMENT C
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ARTWORK AND PLY
COLORS
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SCAlE, I/B'~ I '.0'
INTERNAllY ILLUMDfATED CHANNEL LETTERS.
FLUSH MOUNTED
FABRICATED ALUMINUM CHANNEL lETTERS PAINTED WITH MATTHEWS ACRYLIC
URETHANE ENAMEL, SATIN FINISH
BACIUIAND IlETUJINS, .OSO' AlUMINUM RETURNS AND .063' AlUMINUM
BACKS PAINTED BLACK
FACES. (LOGO) 1 /B' WHITE PLEXlGlASS OVERLAID WITH PURPLE VINYl (COlOR TOB),
(LETTERS) 1 /B' WHITE PLEXIGlASS OVERLAID WITH BlACK VINYl STRIPES; All TO HAVE
BLACK JEWElITE TRIM
ILLUMINATION. 15mm WHITE NEON WITH REMOTE TRANSfORMERS
NUMBER Of SETS, 1
fACE COLOR: WHITE & PURPLE - WHITE & BLACK
RETURN COLOR: BLACK
TRIM COLOR, BLACK
RETURN DEPTH, 5'
NEON COLOR, WHITE
ADDITIONAL
FIELD SURVEY
REQUIRED TO
INSURE PROPER FIT
OF SIGNAGE
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SIGN DIMENSIONS. 2'.2' x B'.ll'
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'149-'15'1 ATLANTIC DR.
MAITLAND, FL 3275'1
. 407-339-5252' (FAX) 407-830-7575
EMAIL: Jaycoslgns@yahoo.com
Development Agreement
Villagio
October 8, 2007 Agenda
Regular Agenda Item No. 608
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Katherine W. Latorre, Esquire
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
FIFTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FIFTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("Fifth Modification"), made and executed this _ day of , 2007, by
and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City")
whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and BRI 1813 VILLAGIO,
LLC., a Florida limited liability company ("BRI Villagio"), whose address is 1160 E. Hallandale
Beach Blvd., Hallandale, FL 33009.
WHEREAS, McGaba, LLC. ("McGaba") and the City entered into a Binding
Development Agreement dated April 10, 2003, and recorded in Official Records Book 4839,
Page 1896, of Seminole County, Florida (the "Agreement") regarding the development of a
Shopping Center located at 855 E. State Road 434 in Winter Springs; and
WHEREAS, a First Modification to Binding Development Agreement, dated February
26, 2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County,
Florida ("First Modification"); and
WHEREAS, a Second Modification to Binding Development Agreement, dated July 1,
2004, was recorded in Official Records Book 06153, Page 59-62, of Seminole County, Florida
("Second Modification"); and
WHEREAS, a Third Modification to Binding Development Agreement, dated
September 25,2006, was recorded in Official Records Book 6437, Page 1204-1207, of Seminole
County, Florida ("Third Modification"); and
WHEREAS, a Fourth Modification to Binding Development Agreement was approved
by the City Commission on May 30, 2007 ("Fourth Modification"); and
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC - City of Winter Springs, Florida
Page I of 4
WHEREAS, BRI Villagio is the current owner of record of the Subject Property
pursuant to the warranty deed recorded at Book 6740, Page 800, Public Records of Seminole
County; and
WHEREAS, the parties desire to further modify the Agreement to allow for the
construction of a building mounted tenant identification sign which exceeds the City Code's
maximum height allowance in the State Road 434 Corridor Overlay District's General Design
Standards for New Development Area; and
WHEREAS, the City is authorized by section 20-474, Winter Springs City Code, to
enter into a development agreement with a developer to set forth terms and conditions
appropriate to meet the circumstances of the specific proposed development and to vary the
standards of the State Road 434 Corridor Overlay District, including signage; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement, First Modification, Second Modification, Third Modification and Fourth
Modification not expressly modified by this Fifth Modification shall remain in full force and
effect.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part ofthis Fifth Modification.
2.0 Code Waiver for Suite #1121 Tenant Identification Sign. Pursuant to section 20-
474, Winter Springs City Code, the City agrees to vary the building signage restrictions for the
tenant space identified as Suite #1121 within BRI Villagio's Shopping Center as follows:
2.1 Building Mounted Single Tenant Identification Sign. BRI Villagio is hereby
granted a waiver from the fourteen foot (14') maximum height allowance set forth in
section 20-470(3)c of the City Code for the building mounted single tenant identification
sign for Suite # 1121. BRI Villagio may erect one (1) building mounted single tenant
identification sign for Suite #1121 which shall be a maximum of four feet (4') in total
height and the top of the sign shall be located a maximum of twenty-one feet (21') from
ground level.
3.0 Recordation. This Fifth Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions of the Agreement, First Modification,
Second Modification, Third Modification, Fourth Modification and other development approvals
by the City for the project, which are not expressly and specifically modified by this Fifth
Modification, shall continue to remain in full force and effect.
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC - City of Winter Springs, Florida
Page 2 of 4
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Signed, sealed and delivered in the
Presence of the following witnesses:
BRI ViIlagio:
By:
Printed Name of Witness
Print Name:
BRI 1813 ViIlagio, LLC,
a Florida limited liability company
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2007, by
, as
of BRI 1813 Villagio, LLC, a
Florida limited liability company, who is personally known to me or who has produced
as identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamped)
Notary Public, State of
Commission No.:
My Commission Expires:
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC - City of Winter Springs, Florida
Page 3 of 4
ATTEST:
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation,
By:
By:
JOHN F. BUSH
Mayor
ANDREA LORENZO-LUACES
City Clerk
(City Seal)
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC - City of Winter Springs, Florida
Page 4 of 4