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HomeMy WebLinkAbout2016 07 25 Regular 503 Nursery Road DA ModificationCOMMISSION AGENDA ITEM 503 REQUEST: Informational Consent Public Hearings Regular X July 25, 2016 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests the City Commission consider a Modification to the Developer's Agreement for Nursery Road Warehouse, Phase IV, located on the south side of Nursery Road near the intersection of Nursery Road and Talmo Street. SYNOPSIS: The applicant is requesting consideration of a modification to the Developer's Agreement to allow for an eight -foot opaque fence in lieu of a concrete block wall in an effort to save several mature trees along the rear property line. The subject property is approximately 0.94 acres in size and is zoned C -2 (General Commercial). CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Property owner's name(sl Reeco Properties, LLLP . Property addresses: 1080 Nursery Road . Property Parcel ID numbers: 33- 20- 30- 513 -OD00 -0010 and 33- 20- 30- 513 -OD00 -0120 . Current FLUM Designations: Commercial . Current Zoning Designations: C -2 (General Commercial) Regular 503 PAGE 1 OF 3 - July 25, 2016 . Development Agreements (if any): Developer's Agreement, February 24, 2016, Book: 1906, Pages 1906 -1911 . Pending Code Enforcement Actions (if any): No known pending Code Enforcement actions . City Liens (if any): No known liens APPLICABLE LAW, PUBLIC POLICY, AND EVENTS City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 9, Land Development Winter Springs Code of Ordinances, Chapter 9, Article XII - Minimum Community Appearance and Aesthetic Review Standards Winter Springs Code of Ordinances, Chapter 20, Zoning Binding Development Agreement - August 1, 2002. Book: 04522, Page: 1817 Developer's Agreement, February 24, 2016, Book: 1906, Pages 1906 -1911 DISCUSSION: A Developer's Agreement was originally approved by the City Commission on February 8, 2016 which stipulates conditions for the future development of the subject property. Paragraph 3.0 of the Developer's Agreement requires the construction of an 8 -foot concrete block wall along the rear property line to buffer future development that is proposed on the property from adjacent residential properties that are located within unincorporated Seminole County. As the applicant began the early stages of site design, a tree survey was completed. It was concluded that there were several mature trees along the rear property line acting as natural buffers to the adjacent residential properties. The construction of an 8 -foot block wall would require the removal of several of the mature trees, and damage the root systems of the trees that would remain adjacent to the wall. In order to preserve the mature trees, the applicant is proposing to modify the Developer's Agreement to allow the construction of either a concrete block screen wall, or a decorative 8 -foot opaque fence along the rear property line. The construction of the fence will prevent the removal of several mature trees along the rear property line and will mitigate potential damage to the root system of the mature trees along the rear property line that may occur with the construction of the footers required to support the weight of the concrete block wall. This item was presented at the June 13, 2016 City Commission Meeting. No action was taken on this item and it was requested by the Commission that Staff make contact with the adjacent property owners. At the direction of the Commission, Staff mailed and hand - delivered notification letters to four residential property owners within 150 feet of the subject property. FISCAL IMPACT: There is no direct fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, Regular 503 PAGE 2 OF 3 - July 25, 2016 City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. At the direction of the Commission, courtesy notification letters were mailed on June 20, 2016, to four residential property owners within 150 feet of the subject property. Additionally, Staff hand delivered the notification letter on June 30, 2016. At that time, Staff made contact with one property owner, who did not oppose the DA Modification. Staff has not received any calls from any of the property owners for or against this request. RECOMMENDATION: City Staff recommends that the City Commission approve the First Modification of the Developer's Agreement between Reeco Properties and the City of Winter Springs to allow the option of constructing an 8 -foot opaque fence in order to save existing mature trees. ATTACHMENTS: A. First Modification of Developer's Agreement between Reeco Properties and the City of Winter Springs. B. Tree Survey C. City Commission Meeting Draft Minutes - June 13, 2016 D. Property Owner Notification Letters Regular 503 PAGE 3 OF 3 - July 25, 2016 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425 -9566 FIRST MODIFICATION OF DEVELOPER'S AGREEMENT THIS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT (the "First Modification ") is made and executed this day of June, 2016, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City "), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and REECO PROPERTIES, LLLP, a Florida limited partnership ( "Developer"), whose address is 1080 Nursery Road, Winter Springs, FL 32708. WITNESSETH: WHEREAS, this First Modification Agreement is related to certain real property located in Seminole County, Florida, with a property address of 1080 Nursery Road, Winter Springs, Florida and a tax parcel identification number of 33- 20 -30- 513 -OD00 -0010 and 33-20-30-513 - OD00 -0120, and more particularly legally described as: Lots 1 and 12 of Block D. Talmo Subdivision, Plat Book 9, Page 10 (the "Property "); and WHEREAS, this First Modification modifies the terms and conditions of that certain Developer's Agreement between the parties, dated February 24, 2016, which is recorded in the Official Records of Seminole County, Florida at Book 1906, Pages 1906 -1911. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this First Modification shall be the date on which the last party hereto timely and fully executes this First Modification ( "Effective Date "). First Modification of Developer's Agreement City of Winter Springs and REECO Properties, LLLP. Page 1 of 3 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Modification of Paragraph 3. C of the Agreement. Paragraph 3. C of the Agreement is hereby modified to read as follows: C. In conjunction with the construction of any building on the Property, the Developer shall construct a concrete block screen wall or opaque fence along the entire southern boundary of the Property. Said wall or fence shall be subject to City permit approval in accordance with applicable City Codes. However, the wall or fence shall be required to be eight (8 ft) feet in height and shall be reviewed by the City for compliance with the Minimum Community Appearance and Aesthetic Review Standards. 4.0 Existing Terms of Agreement. All other terms and conditions set forth in the Agreement not modified by this First Modification shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: 0 Andrea Lorenzo Luaces, City Clerk CITY SEAL CITY OF WINTER SPRINGS ME Charles Lacey, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida First Modification of Developer's Agreement City of Winter Springs and REECO Properties, LLLP. Page 2 of 3 Signed, sealed and delivered in the presence of the following witnesses Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF _ COUNTY OF The foregoing , 2016, partnership, on behalf (NOTARY SEAL) REECO PROPERTIES, LLLP, a Florida limited partnership IM Print name /title: Date: instrument was acknowledged before me this day of of said of REECO PROPERTIES, LLLP, a Florida limited company. He is personally known to me or produced as identification. (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE, AND DELIVER TO THE CITY, THIS FIRST MODIFICATION WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS FIRST MODIFICATION, THIS FIRST MODIFICATION SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. First Modification of Developer's Agreement City of Winter Springs and REECO Properties, LLLP. Page 3 of 3 zo Z o Cf) -2 N.-W �p o h Hu o --T H, 'n - W LL, W E L .2 ul C/) > < LU Of CJ W 0 19 U) x it L Z5 7 E T 1 T z D 0 ea Do R ca 6a; (M/N,og) IDalis 0mv Nooa svao0- oo� 4�, S zoo * ----------------- -- --- --- --- em qF 0 0 ou 7 7 0 lw x xis ------------------- 0 .......... --- ------- ui ao ry - — -------- LL R ya 000 00 0 w z T lv3 ' 0 d .00 01 LU z co C) CL b (Mrd.09) 133HIS 39GIH Of UZ,-L ❑ n R, Fg M lo 2§ —H ATTACHMENT "C" (A I l 01 WIN I EK SPRIWiS, 11_0RIDA DRAI i WNU IFS (I I Y [ ()'7N115S1[ IN RI:C�U The Community Development Department — Planning Division requests the City Commission consider a Modification to the Developer's Agreement for Nursery Road Warehouse, Phase iV, located on the south side of Nursery Road near the intersection of Nursery Road and Talmo Street. FISCAL IMPACT: There is no direct fiscal impact associated with this agenda item. COMMUNICATION EFFOR'T'S: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION': City Staff recommends that the City Commission approve the First Modification of the Developer's Agreement between Reeco Properties and the City of Winter Springs to allow the option of constructing an 8 -foot opaque fence in order to save existing mature trees. Ms. Amanda Webb, Planner, Community Development Department introduced and began the discussion on this Agenda Item. Discussion followed on trees, a proposed wall, Lake Lucerne Circle, buffers, and whether Staff had spoken with the residents who would he behind proposed fencing and an opaque fence. Mr, Randy Stevenson, ASIA, AICP, Director, Community Development Department added. —The intent is to still provide the opaque screening that a block wall would do eight foot high. but with a fence, we don't have to put in a continuous footer. If we put in a continuous footer for an eight foot wall, I'm estimating about five and half to six foot wide footer which means ] *in going. to dig an eight foot trench through there to pour that, ['in going to destroy a bunch of trees." With further comments, Commissioner Krebs noted, " Somc people feel more protected by a block wall than they do by a wooden fence, and so it concerns me that we haven't even talked to them to find out what their preference even is. They are the ones who have to live with this for the rest of their lives, if they Choose to live there, or at least a long period of time." Mr. Stevenson stated, "1 would agree and we will certainly do that before we move forward -- if that's the direction of this body tonight. We'll certainly will make sure they are aware and what the intent is and why the chan(ye." Commissioner Krebs further asked about the quality of fence planned, how long would an opaque fence last, and then what happens. [. I i YOF WTN! 'I:R SI'RILC;S. ITOR IDA DRAI 1 NJINt" "11-5 (11Y ('(.)NJ M ISSION RI.GIII.AR NIF:IAING - 1UNF: 13, 2016 PAU-. 30 01 34 Mr. Stevenson commented, "flint's going to be proposed by [lie Developer but if you look at the change — there was a question as to why we had taken away - some of the statements about the wall. We are still snaking it subject to our review horn an aesthetic review- standpoint in tenns of quality, guarantee, color, overall aesthetics." Commissioner Krebs noted that her main concern was the citizens, and getting their buy-in and /or thoughts. Further comments followed on vinyl and what else night work. Deputy Mayor Hovey stated. "I am in agreement with Commissioner Krebs. I think before we approve anything, we need to check with the citizens or the residents that live behind that wall." Mr. Stevenson noted, "There are two (2 ) and we will certainly contact them." Attorney Garganese said, "No action seems to be necessary at this point and Staff- will bring it back at a later date.' Mayor Lacey added, "They will confer with the adjacent residents and bring it back to our next meeting." Mr. Stevenson remarked, "We will absolutely do that." No action was taken on this Agenda Item REGULAR 503. Office of the City Clerk REQUEST: The City Clerk requests that Members of the City Commission make applicable Appointments to the Code Enforcement Board, the Planning and Zoning Board /Local Planning Agency, and the Tuscawilla Lighting and Beautification District Advisory Committee which reflect current vacancies and/or Terms of Office which will be expiring in duly 2016. FISCAL IMPACT: There is no related Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, MedialPress Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the Cite, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City ,. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Information about applicable Seats referenced in this Agenda Item has been provided to the applicable Board and Committee Members, the Mayor and City Commission; as well as information on other possible Board /Committee Applications that the City has on rile has been provided to the Mayor and CUN Commission. RECOMMENDATION: An individual Motion is requested for each Nomination please. �5 ATTACHMENT "D" 1959 COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, FL 32708 Telephone (407) 327 -1800 Fax: (407) 327 -4756 June 20, 2016 Judy Bohnstadt 1170 Talmo Street Winter Springs, Florida 32708 Re: Nursery Road Warehouses, Phase IV Development Agreement Parcel ID Numbers: 11- 21 -30- 502 - 0000 -0180 This notification is being provided because your property is within 150 feet of the Nursery Road Warehouses, Phase IV. The City of Winter Springs has received a request to modify the Development Agreement for Phase IV of Nursery Road Warehouses. The subject property is located at 1080 Nursery Road. The aforementioned Development Agreement was approved by the Winter Springs City Commission on February 8, 2016. This agreement required the developer to construct an eight (8) foot masonry block wall along the rear of the property line in an effort to buffer the residential properties. During the early stages of site plan design a tree survey was completed, several large mature trees were identified. The trees currently act as a buffer and provide a canopy along the rear property line. Staff identified that the construction of an eight (8) foot masonry block wall (with a continuous footer) would require the removal of at least seven (7) mature trees that are within 10 feet of the property line. In addition, the footer of the said wall would also have the potential to cause damage to the root systems of several other trees which are currently on the property. In an effort to protect and preserve the existing trees and buffer, to the greatest extent feasible, and also to provide the eight (8) foot opaque buffer, it is being proposed that the developer be given the option to construct an eight (8) foot opaque fence along the rear property line, in lieu of the wall_ This option still provides the eight (8) foot opaque buffer and screening that is still visually appealing and would not necessitate the installation of a continuous footer. In addition, it allows the preservation of the trees and the canopies will act as a buffer beyond the eight (8) foot high fence and/or wall. The Winter Springs City Commission will consider this item at the July 25, 2016 meeting. As previously stated, this notification is being provided because your property is within 150 feet of the Nursery Road Warehouses, Phase IV. Please do not hesitate to contact Staff at 407 - 327 -5967 with any comments you may have with this proposed change. • City Commission Meeting — Monday, July 25, 2016 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. Please note that this schedule is subject to change. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (407) 327 -5967 or via email at awebb{7a= winterspringsfl.org. Sincerely, Amanda Webb Planner Enclosure: Location Map COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, FL 32708 Telephone (407) 327 -1800 Fax: (407) 327 -4756 June 20, 2016 George & Sharon Cole 1166 Talmo Street Winter Springs, Florida 32708 Re: Nursery Road Warehouses, Phase IV Development Agreement Parcel ID Numbers: 11- 21-30 -502- 0000 -0180 This notification is being provided because your property is within 150 feet of the Nursery Road Warehouses, Phase IV. The City of Winter Springs has received a request to modify the Development Agreement for Phase IV of Nursery Road Warehouses. The subject property is located at 1080 Nursery Road. The aforementioned Development Agreement was approved by the Winter Springs City Commission on February 8, 2016. This agreement required the developer to construct an eight (8) foot masonry block wall along the rear of the property line in an effort to buffer the residential properties. During the early stages of site plan design a tree survey was completed, several large mature trees were identified. The trees currently act as a buffer and provide a canopy along the rear property line. Staff identified that the construction of an eight (8) foot masonry block wall (with a continuous footer) would require the removal of at least seven (7) mature trees that are within 10 feet of the property line. In addition, the footer of the said wall would also have the potential to cause damage to the root systems of several other trees which are currently on the property. In an effort to protect and preserve the existing trees and buffer, to the greatest extent feasible, and also to provide the eight (8) foot opaque buffer, it is being proposed that the developer be given the option to construct an eight (8) foot opaque fence along the rear property line, in lieu of the wall. This option still provides the eight (8) foot opaque buffer and screening that is still visually appealing and would not necessitate the installation of a continuous footer. In addition, it allows the preservation of the trees and the canopies will act as a buffer - beyond the eight (8) foot high fence and/or wall. The Winter Springs City Commission will consider this item at the July 25, 2016 meeting. As previously stated, this notification is being provided because your property is within -150 feet of the Nursery Road Warehouses, Phase N. Please do not hesitate to contact Staff at 407- 327 -5967 with any comments you may have with this proposed change. • City Commission Meeting — Monday, July 25, 2016 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. Please note that this schedule is subject to change. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (407) 327 -5967 or via email at awebb@wintersprLmgsf1.org. Sincerely, Amanda Webb Planner Enclosure: Location Map COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, FL 32708 Telephone (407) 327 -1800 Fax: (407) 3274756 June 20, 2016 Nancy Ramos 1161 Ridge Street Winter Springs, Florida 32708 Re: Nursery Road Warehouses, Phase 1V Development Agreement . Parcel YD Numbers: 11-21-30-502-0000-0180 This notification is being provided because your property is within 150 feet of the Nursery Road Warehouses, Phase IV. The City of Winter Springs has received a request to modify the Development Agreement for Phase IV of Nursery Road Warehouses. The subject property is located at 1080 Nursery Road. The aforementioned Development Agreement was approved by the Winter Springs City Commission on February 8, 2016. This agreement required the developer to construct an eight (8) foot masonry block wall along the rear of the property line in an effort to buffer the residential properties. During the early stages of site plan design a tree survey was completed, several large mature trees were identified. The trees currently act as a buffer and provide a canopy along the rear property line. Staff identified that the construction of an eight (8) foot masonry block wall (with a continuous footer) would require the removal of at least ,seven (7) mature trees that are within 10 feet of the property line. In addition, the footer of the said wall would also have the potential to cause damage to the root systems of several other trees which are currently on the property. In an effort to protect and preserve the existing trees and buffer, to the greatest extent feasible, and also to provide the eight (8) foot opaque buffer, it is being proposed that the developer be given the option to construct an eight (8) foot opaque fence along the rear property line, in lieu of the wall. This option still provides the eight (8) foot opaque buffer and screening that is still visually appealing and would not necessitate the nyF� installation of a continuous footer. In addition, it allows the preservation of the trees and the canopies will act as a buffer beyond the eight (8) foot high fence and/or wall. The Winter Springs City Commission will consider this item at the July 25, 2016 meeting. As previously stated, this notification's being provided because your property is within 150 feet of the Nursery Road Warehouses, Phase IV. Please do not hesitate to contact Staff at 407 - 327 -5967 with any comments you may have with this proposed change. + City Commission Meeting — Monday, July 25, 2016 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. Please note that this schedule is subject to change. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (407) 327 -5967 or via email at awebb&yjntcrMrmgsfl.org. Sincerely, Amanda Webb Planner Enclosure: Location Map COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, FL 32708 Telephone (407) 327 -1800 Fax: (407) 327 -4756 June 20, 2016 Elizabeth Chavarin & Alejandre Fernando 1171 Ridge Street Winter Springs, Florida 32708 Re: Nursery Road Warehouses, Phase IV Development Agreement Parcel ID Numbers: 11- 21 -30- 502 - 0000 -0180 This notification is being provided because your property is within 150 feet of the Nursery Road Warehouses, Phase N. The City of Winter Springs has received a request to modify the Development Agreement for Phase N of Nursery Road Warehouses. The subject property is located at 1080 Nursery Road. The aforementioned Development Agreement was approved by the Winter Springs City Commission on February 8, 2016. This agreement required the developer to construct an eight (8) foot masonry block wall along the rear of the property line in an effort to buffer the residential properties. During the early stages of site plan design a tree survey was completed, several large mature trees were identified. The trees currently act as a buffer and provide a canopy along the rear property line. Staff identified that the construction of an eight (8) foot masonry block wall (with a continuous footer) would require the removal of at least seven (7) mature trees that are within 10 feet of the property line. In addition, the footer of the said wall would also have the potential to cause damage to the root systems of several other trees which are currently on the property. In an effort to protect and preserve the existing trees and buffer, to the greatest extent feasible, and also to provide the eight (8) foot opaque buffer, it is being proposed that the developer be given the option to construct an eight (8) foot opaque fence along the rear property line, in lieu of the wall. This option still provides the eight (8) foot opaque buffer and screening that is still visually appealing and would not necessitate the =m installation of a continuous footer. In addition, it allows the preservation of the trees and the canopies will act as a buffer beyond the eight (8) foot high fence and/or wall. The Winter Springs City Commission will consider this item at the July 25, 2016 meeting. As previously stated, this notification is being provided because your property is within 150 feet of the Nursery Road Warehouses, Phase IV. Please do not hesitate to contact Staff at 407- 327 -5967 with any comments you may have with this proposed change. • City Commission Meeting — Monday, July 25, 2016 at 5.15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. Please note that this schedule is subject to change. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (407) 327 -5967 or via email at awebbgwinterMn sg fl or . Sincerely, Amanda Webb Planner Enclosure. Location Map