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HomeMy WebLinkAbout2021 02 22 Public Hearing - Winter Springs Marketplace - Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement. + , PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA I FEBRUARY 22, 2021 REGULAR MEETING TITLE Winter Springs Marketplace -Aesthetic Plan Review(Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review(Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocery store, retail uses, medical, fitness center, and fast food restaurants. RECOMMENDATION Staff recommends that the City Commission approve the Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocery store, retail uses, medical, fitness center, and fast food restaurants, with the recommended conditions of approval. Staff does not recommend approval of the Waiver request#8 (4), the fourth monument sign. 1 PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION I MONDAY, FEBRUARY 22, 2021 REGULAR MEETING TITLE Winter Springs Marketplace -Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocerystore, retail uses, medical,fitness center, and fast food restaurants. General Information Applicant Tuscawilla Property Investors, LLC (Equinox Development I Ryan Stahl) Property Owner(s) Tuscawilla Property Investors, LLC Anna Ondick, as successor trustee of the Robbie R. Ondick Revocable Trust Location Southwest of the intersection between State Road 434 and Tuskawilla Road Tract Size ±8.278 gross acres Parcel ID Numbers 36-20-30-502-0000-0070 (Vacant),36-20-30-502-0000- 0080 (Vacant), 36-20-30-502-0000-0090 (Vacant), 26-20-30-5AR-OA00-008F (Former Pinch-A-Penny) Zoning Town Center (T5) Designation S.R. 434 Corridor Overlay District FLUM Designation Town Center/Commercial Adjacent Land Use North: East S.R. 434/ ROW South: Vacant East: Tuskawilla Road West: Residential S.R. 434 Frontage Minimum 25-feet Maximum 100-feet (Internal Side Streets 5 ft.) 2 Height Town Center: Two stories S.P. 434: Up to *Five stories minimum (*limited to 2 stories per the Development Agreement) Setbacks Front: 25 ft.- Side: 5 ft. Lot Width Town Center 50 ft. (from min. - 100 ft. front Rear: 15 ft. max. (from 18 ft. min.,property line) side property180 ft. max. line) Development Lot Coverage:100% Standards Development Waivers I Pending Permits Development Development Agreement Agreement Code Enforcement Not applicable City Liens Not applicable Background Data: The Community Development Department received an application from Tuscawilla Property Investors, LLC to construct Winter Springs Marketplace. The subject property (approximately ±8.278 gross acres in size) is pentagonal in shape, generally bounded to the north by State Road 434,to the east by Tuskawilla Road,to the south by a vacant property and to the west by a residential community. Once aggregated, the parcels are anticipated to be developed in two phases, in a cohesive design to promote a development supportive to the City by bringing many retail uses to one single site.The development includes; mass grading of the entire site, master stormwater and utilities infrastructure, perimeter landscaping, streetscaping, and a wall located on eastern side of the property boundary. PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, _ . . . . PAGE 3 Proposed Layout- The entire site is master planned and will include five (5) buildings all of which will consist of faux second stories. Aesthetic review for Buildings B and C will be presented to the City Commission at a later date. • Building A: Heartland Dental I Medical Office 14,280 SF 1 ±21 ft. high • Building B: Chipotle w/drive-through window 12,325 SF • Building C: Fast Food Restaurant w/drive-through window 3,056 SF • Building D: Crunch Fitness I Retail 119,200 SF J ±34.5 ft. high • Building E: Dollar Tree I Retail 110,000 SF 1 ±30 ft. high • Building F: Aldi I Retail 119,209 SF 1 ±29 ft. high The total gross area for all proposed buildings is 58,070 SF. The anticipated completion for the entire project is scheduled for 2-3 years after approval of the final engineering. Public Notices: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) of the subject property and all Homeowner's Associations on file with the City Winter Springs (220 notices). A Community Workshop was held on May 28, 2020 and a Workshop flyer was mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) of the subject property and all Homeowner's Associations on file with the City Winter Springs (218 flyers) on May 6,2020.There were approximately15 persons in attendance at the Community Workshop and there were several questions related to the project, but no objections regarding the proposed development. Also, subsequent meetings were held with the Applicant and adjacent neighbors negotiate additional conditions of approval. Phasing and Conditional Approval of Final Engineering for Building C: As noted above, Tuscawilla Property Investors, LLC (TPI) and Anna Ondick, as successor trustee of the Robbie R. Ondick Revocable Trust (the "Trust"), are both the Applicants for the proposed Final Engineering Plans. During the application process, it was City staff's understanding that TPI was in the process of acquiring the Property owned by the Trust to create a unified parcel for development. However, in November 2020, TPI acquired only 8.278 acres of property from the Trust rather than the entire 10.23 acres that is shown on the Final Engineering Plans. The Trust has retained approximately 1.95 acres of property at the corner of SR 434 and Tuskawilla Road. Section 20-29(c) of the City Code requires that as a PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBIQUAPY 22, 2021 1 PACE 3 OF 38 4 condition of approval by the City Commission, all final engineering/site plans shall be required to be memorialized in a binding Development Agreement executed by the City and the property owner. However, for this project, the Trust is not a party to the proposed Development Agreement. Accordingly, at this time,the City cannot approve Final Engineering Plans that affect the 1.95 acres of property retained by the Trust. Instead,the Development Agreement provides that approval of the Final Engineering Plans affecting the 1.95-acre Trust Property,which is most easily identified as Building C Fast Food Restaurant with drive-thru window and the Future Development Area of 1.32 acres, is contingent upon TPI acquiring the Trust Property within one year of the Effective Date of the Agreement. Absent this acquisition, contingent approval of the portion of the Final Engineering Plans affecting the Trust Property, excluding clearing, grading and seeding/grass plans, will be rescinded and void. If, however, TPI acquires the Trust Property, the Development Agreement will automatically extend to the Trust Property and the full Final Engineering Plans (including the Building C Fast Food Restaurant) will be deemed approved. In effect, there may be two phases of development for the buildings and structures shown on the Final Engineering Plans: Phase I will refer to the currently-owned TPI property 8.278 acres in size and Phase II may occur if TPI acquires the Trust Property within one year of the Effective Date of the Agreement. There are no current development plans proposed for the Future Development Area shown on the Final Engineering Plans, which is part of the Trust Property. It should also be mentioned that Section 9-2 of the City Code prohibits property owners from selling lots or tracts of land from a property without first having divided the property in accordance with City Code, such as a duly-approved lot split or subdivision. Section 9-2 further prohibits the issuance of any permit for the construction of any building or structure on any lot sold in violation of Chapter 9 of the City Code. Accordingly, the Development Agreement serves another important function of recognizing the two lots (the TPI Property and the Trust Property) that were created by the November 2020 sale for purposes of development. Specifically, Section 9-14 of the City Code allows the City Commission to approve the division of Town Center zoned property by Development Agreement. In addition, should TPI acquire the Trust Property, an additional division of the Trust Property will occur between the Future Development Area and the Building C site. Aesthetic Review Plans will be submitted ata later date to the City Commission for final approval for Building C Fast Food Restaurant. PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 5 Final Engineering Plans Criteria, Sec. 20-33.1: (a) Site and final engineering plans and the subdivision of land shall also be subject to the technical requirements set forth in Chapter 9 of the City Code. It is the intent of this section to applyto applicationsfor site and final engineering plans and to any subdivision of land requiring a plat, if applicable, and does not include review and approval of a lot split application. Please see discussion below regarding technical requirements of Chapter 9. The Final Engineering Plans have been reviewed by the City's contract engineer, concluding that the Plans satisfy the technical requirements provided the conditions of approval set forth below are met. (b) Except in situations involving one (1) single-family home, the planning and zoning board shall be required to review all site and final engineering plan and subdivision of land applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) Except in situations involving one (1) single-family home, all site and final engineering plan and subdivision recommendations and final decisions shall be based on whether the site and final engineering plan and subdivision of land complies with all the technical requirements set forth in chapter 9 of the City Code and the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the site and final engineering plan and subdivision of land, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic- generating characteristics, number of persons anticipated using, residing or working under the plan, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, - . . . . PAGE 6 Analysis: The proposed height, scale, and intensity of the proposed development is consistent with similar surrounding uses previously approved within Winter Springs scale and intensity of the structure as depicted in the Final Engineering Plans. The proposed daily hours of operation are consistent with surrounding uses. The project proposes a grocery store, a fitness center, a dentist office and two (2) fast food restaurants. There are similar uses within 500 ft. of the proposed site which are consistent with previously approved developments along S.R. 434. The proposed hours of operation are as follows: • Building A: Heartland Dental Medical Office I Hours 9:00 a.m. to 7:00 p.m. • Building B: Chipotle I Hours w/drive-through 10:00 a.m. to 10:00 p.m. • Building C: Fast Food Restaurant w/drive-through window I TBD • Building D: Crunch Fitness I Hours 5:00 a.m. to 11:00 p.m. • Building E: Dollar Tree I Hours 8:00 a.m. to 9:00 p.m. • Building F: Aldi I Hours 9:00 a.m. to 8:00 p.m. Impacts related to noise, refuse, odor, particulates, smoke, fumes and other emissions are anticipated to be negligible given the nature of the project. Conditions of approval below related to hours for dumpster service/trash pickup and commercial delivery truck access will further reduce noise and smoke, fumes or dust impacts from the Project. Parking and transportation are addressed thoroughly below. The development is compatible and harmonious with adjacent land uses and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density,scale and intensityof the site and final engineering plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. Analysis: The size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed development. The development provides full ingress and egress directly into the site from S.R. 434, from Roberts Family Lane and from Tuskawilla Road. Access to the site will be provided via three (3) driveways;one (1) full access driveway to the west of the development on Roberts Family Lane (not to be used by AGENDAPUBLIC HEAPINGS ITEM 400 1 MONDAY, OF 7 commercial delivery trucks), one (1) existing right-in/right-out driveway (BIRO) to the north of the development on S.R. 434, and one (1) existing right-in/right-out (BIRO) driveway to the east of the development on Tuskawilla Road. Site access locations have been reviewed and approved by Seminole County Fire and the City Traffic Engineer of record.The existing and future street network provides multiple options for residents to reach their desired destinations. The Applicant is requesting a waiver as discussed below, from Winter Springs City Code Sec. 20-601(b), which will alter the width and type of plantings required in each component part of the streetscape. The applicant is providing 34 feet of streetscape area consisting of three component parts: The entrance area will be designed with (1) 11'-4" landscape area; (2) 6-foot sidewalk; and (3) 16'-8" landscape and treescape understory trees between back of sidewalk and front of sidewalk within line the right-of-way. The proposed streetscape is in lieu of (1) 5-foot landscape area, (2) 6-foot sidewalk; and (3) 16-foot landscape and treescape area for planting canopy trees along the right-of-way. The requested streetscape waiver will provide a 34-ft. buffer in lieu of a 27-ft buffer as required by Code. On site improvements which include enhanced landscape buffers, streetscape, landscape screening for dumpster areas, bicycle parking for throughout the site, decorative lighting, enhanced internal pedestrian walkways utilizing alternative pavement throughout. Transportation and off-street parking elements are discussed below. (3) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Analysis: The proposed retail developments are permitted uses within the Town Center and within the S.R. 434 Corridor Overlay District. The development is not expected to have an adverse impact on the local economy, but to add to the local economy by means of governmental fiscal impact, employment, and property value. In addition,the Winter Springs Marketplace is expected to generate 250 new direct jobs within the proposed businesses and add 300 indirect jobs, such as landscapers, construction workers, etc., during the construction of the buildings. The development will also provide ad valorem taxes to the City of Winter Springs. (4) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. PUBLIC HEAPINGSt • ITEM 400 1 MONDAY, C P . . . PAGE 8 Analysis: The applicant contracted with ECS Florida, LLC for the Geo Technical Report and Thomson Environmental Consulting, LLC (Thompson) to develop the Environmental Report. The provided reports did not identify adverse impacts on the natural environment. The total gross area for all proposed buildings is 58,070 SF and the maximum impervious cover proposed for the site is 65%,the maximum impervious cover allowed is 100%. The applicant is maintaining an ample amount of open space on-site by not building up to the maximum allowed impervious of 100%. A noise study is not required, as the City currently has a noise ordinance that restricts decibels ratings from 60-70 in commercial zones from 10:00 p.m. - 7:00 a.m. per Sec. 13-35. maximum permissible sound levels by receiving land use. The City Engineer of record has determined that the site is not located within a flood plain. Based on Flood Insurance Rate Map (FIRM) No. 2117C0160F Community No. 120295, City of Winter Springs, Seminole County, Florida, the proposed development site lies within a Zone X (Other Areas). According to the FIRM panel legend -this Zone X is for "areas determined to be outside the 0.2% annual chance floodplain." A protected wildlife species and habitat assessment was conducted over the entire property on October 9, 2018 by Thompson Environmental Consulting, LLC (Thompson). The survey consisted of both a search of documented literature and field investigation. No indication of bald eagle foraging or nests of juveniles were observed. The surveyyielded no potentially-occupied gopher tortoise burrows, and no indication of gopher tortoise presence. Thompson recommends that an additional survey of the property be performed within 90 days of intended construction per the Florida Wildlife Commission guidelines. (5) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. Analysis: It is not anticipated that the proposed development will have an adverse impact on any historic, scenic, or cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, _ . . . . PAGE 9 Analysis: The proposed development has been designed in accordance with T5 Transect of the Town Center District Code, which includes criteria for water, sewer, stormwater and surface water management, police, and fire. The proposed development seeks to further improve stormwater and surface water management by providing onsite nutrient removal, treatment and attenuation. In addition, bicycle racks and benches have been added to the site to promote pedestrian circulation. Also, see below for discussion regarding impact on public services. (7) Whether the site and final engineering plan and subdivision of land, and related traffic report and plan provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. Analysis: See below for discussion regarding impact on regarding traffic circulation. (8) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Analysis:The proposed development is not anticipated to have an adverse impact on housing and social conditions, as the proposed uses include a grocery store, retail uses, medical, fitness center, and fast food restaurants. (9) Whether the proposed site and final engineering plan and subdivision of land avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. Analysis: It anticipated that the proposed development will not emit odors, noise, glares, or vibrations that will adversely impact adjacent properties. There is adequate shared parking, limited hours of operation, lighting, and refuse collection, within the proposed development that are in place which will assist in limiting any perceived adverse effects. In addition,Aldi's uses cardboard bales, plastics, and full pallets of exterior display items outside and typically in back of their store. Aldi will have no outside storage beyond the typical 6 or 8 yard trash dumpster. Aldi's does not use trash compactors and all deliveries come in palletized to the dock door, so PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 10 that the pallets are unloaded quickly and quietly as full pallets from the fully enclosed truck trailer to the fully enclosed dock receiving area. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and final engineering plan and subdivision of land that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Analysis: The applicant has indicated that security systems will be installed for all on-site buildings with the development. The lighting provided illustrates that on- site area will be lit after dark. (11) Whether the applicant has provided on the site and final engineering plan and subdivision of land an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable. Analysis: All proposed buildings are less than 20,000 SF. (12) Whether the applicant has demonstrated that the site and final engineering plan and subdivision of land have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. Analysis: The Final Engineering Plans, in conjunction with the Development Agreement, prevent adverse impacts to adjacent and surrounding uses and properties. The proposed development will provide adequate screening and buffering along residential areas in addition to upgraded access to the shared residential access for the site. Primarily, the Development Agreement and Plans include enhanced streetscape along S.R. 434 and Tuskawilla Road to ensure the passage of open space to the development. (13) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The applicant has agreed to execute a binding Development Agreement and it is attached hereto as an Exhibit. PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 10 OF 38 11 Specimen Tree Removal/Approval: Pursuant to Chapter 5, Tree Protection and Preservation Sec. 5-8 - Specimen or historic trees, the Applicant has requested the removal of seven (7) of the eight (8) specimen trees as depicted on the Final Engineering Plans. Only six (6) of the seven (7) Specimen/Historic Trees are viable. The Applicant states that the site must be significantly raised in order to utilize the exfiltration treatment proposed in meeting the nutrient removal criteria. The footprint required for each of these systems and the amount of site will be raised will not allow preservation of these trees. The City Arborist has determined that the Applicant has engaged in good faith to preserve the specimen trees. The City Arborist has determined that the relocation of the specimen trees is not an option,since it is not guaranteed that the specimen trees will survive relocation. The City Arborist has worked with the Applicant and shall make a recommendation of approval that the Applicant mitigate the removal of the six (6) viable specimen trees on site. In addition, the applicant desires to remove 266 trees (not including specimen trees) and proposes to preserve 2 trees of which one is a specimen tree, requiring the replacement of 674 credits of trees. The site includes the planting of six (6) 10" Quercus Virginia/Live Oaks planted as replacements along with 296 credits of new trees, and the remaining 376 credits will be paid into the Tree Mitigation Bank at a value of $112,800.00. Tree replacement on-site meets Code and these trees will be planted throughout the site perimeter and internal landscaping. Water and Sewer: Water service is available from the City's 12-inch water main in the S.R. 434 right-of- way and from an 8-inch water main in the Nature's Way ROW. The water pipelines internal to the development will be owned and maintained by the City. The Developer will be dedicating the water pipelines to the City as part of the project close out process. The development is connecting to the City's sanitary sewer collection system in the Solaris Wharf Street ROW. The sanitary sewer collection system internal to the development will be owned and maintained by the Developer and/or Property Owners Association. The development will be provided reuse water for irrigation purposes from a connection to the City's reuse system within the S.R. 434 ROW. The City's water and wastewater systems and treatment plants have capacity to serve this commercial development. AGENDAPUBLIC HEAPINGS 0• 1 MONDAY, 12 Stormwater• The site currently has two SJRWMD permits for stormwater discharges to the east and west. Those permits will be superseded by the development's proposed stormwater collection and pond system that will discharge into the stormwater collection system in Tuskawilla Road. The on-site stormwater collection and pond system will be owned and maintained by the Developer and/or Property Owners' Association. The stormwater management system is designed to meet the SJRWMD and City of Winter Springs criteria for nutrient removal, treatment, and attenuation. The Site stormwater pond discharges flow through the County and City stormwater system and ultimately into Lake Jesup. Transportation: The Winter Springs Marketplace traffic analysis was performed to assess the impact of the proposed development within the City of Winter Springs. Access to the site will be provided via three (3) driveways; one (1) full access driveway to the west of the development on Roberts Family Lane, one (1) existing right-in/right-out (BIRO) driveway to the north of the development on S.R. 434, and one (1) existing right-in/right-out (BIRO) the east of the development on Tuskawilla Road. Site access was reviewed and approved by Seminole County Fire and the City Traffic Engineer. Projected traffic conditions for the project buildout were analyzed using daily traffic volumes for the roadway segments and P.M. peak hour traffic volumes for the intersections. The projected traffic volumes used in the analysis consisted of background traffic volumes plus project trips. The traffic conditions were evaluated for the year 2022 background conditions. Background traffic volumes were estimated with the use of an annual growth rate of 2.0% or a growth factor. A trends analysis of historical traffic counts on S.R. 434 revealed annual growth rates ranging from -0.84% to -0.55%. The proposed development is anticipated to generate a total daily traffic volume of 2,736 net new daily trips, of which 36 (22 inbound and 14 outbound) will occur in the A.M. peak hour and 239 will occur in P.M. peak hour trips (115 inbound and 124 outbound) at build out. The study roadway segments currently operate at adequate Levels of Service (LOS) and will continue to operate at acceptable Levels of Service when project trips are added. S.R. 434 and Roberts Lane is shown to operate at an acceptable LOS with a volume-to-capacity (v/c) ratio less than 1.0 in the background PM peak hour condition. The intersection of S.R. 434 & Tuskawilla Road is still anticipated to PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 13 operated eficientlyduring background PM peak hour, consistent with existing and background deficiencies. No new deficiencies were identified as a result as a result of project traffic impact. The following existing deficiencies were identified in the existing PM hour condition at S.R. 434 and Tuskawilla Road: • Westbound Left Movement- Delay > 80.0 seconds (LOS "F") • Northbound Approach -LOS "F" • Northbound Through/Right Movement- Delay > 80.0 seconds (LOS "F") and v/c > 1.0 • Southbound Approach -LOS "F" • Southbound Left Movement- Delay > 80.0 seconds (LOS "F") An intersection operational analysis was performed for 2022 background conditions in the PM peak hours. • S.R. 434 and Tuskawilla Road (signalized) • S.R. 434 and Roberts Family Lane (two-way stop-controlled) • Roberts Family Lane and Project Access (full access) • S.R. 434 and Project Access (RIRO) • Tuskawilla Road and Project Access (BIRO) The above study area intersections are shown to operate at an acceptable LOS with a v/c less than 1.0 during buildout PM peak hour except for the background deficiencies and the westbound movement at the unsignalized intersection of S.R. 434 and Roberts Lane which experience is excessive. However,the anticipated gStn- percentile queue at buildout is less than ten vehicles (<2S0 ft.), significantly less than the existing turn lane storage capacity (± 470 ft.). No new deficiencies were identified as a result of project traffic impact. As shown discussed above the site will be accessible via three (3) access points. Per Seminole County's Transportation Standards a right-turn lane should be provided where development exceeds a daily trip rate of 4,000 average daily trips (ADT). None of the driveways are anticipated to exceed 4,000 average daily trips. Therefore, a right-turn lane is not warranted at either driveway along Roberts Family Lane or Tuskawilla Road. The existing driveway on S.R. 434will be improved from a flared (turnout) design to a redia) return design with improved driveway width, improved corner clearance and an improved sidewalk. PUBLIC HEAPINGS • • ITEM 400 1 MONDAY, C . . . . PACE 14 All turn lanes provide sufficient storage length to accommodate the 95t"-percentile queue at buildout with the exception of the northbound left-turn lane at S.R. and Tuskawilla which is built to its maximum extent. Parking Analysis: Per Section 20-324 of the City's Land Development Code (LDC), there are no minimum parking requirements in the Town Center. The City required the applicant to provide a parking study and a parking study was prepared by the applicant based on the Institute of Transportation Engineers (ITE) Parking Generation Manual 5t" Edition and other municipalities' industry standards. The study furthermore includes the demand for thirty-eight (38) bicycle parking spaces on the site. Per Section 9-277 of the City's LDC which defines off-street parking requirements for specific land uses. The following minimum parking ratios for the proposed land uses within the Winter Springs Marketplace are defined in the Code: • Medical or dental clinics: three (3) parking spaces for doctors, plus one (1) additional parking space for every two employees; • Restaurants: one (1) parking space for each one hundred (100) SF of floor space for patron use in the building; and • Retail Commercial: one (1) parking space for each three hundred (300) SF of floor space in the building exclusive of storage space. Atotal parking supply of 226 spaces at a parking ratio of 3.89 spaces per a thousand SF would be needed to serve the proposed shopping center's demand with each land use alone. Due to the characteristics of the proposed development using data from both ITE and the Urban Land Use Institute (ULI) Shared Parking 3rd Edition, developments of this scale recommends the 85" percentile parking demand as the appropriate demand to provide parking supplyfor a shopping center.As stated above,the total gross floor area for the Winter Springs Marketplace is 58,070 SF. ITE's Land Use Code (LUC) 820 - Shopping Center was used to determine peak period parking demand on a Saturday in December. The relevant peak parking demand for the shopping center is calculated as follows: • Recommended design parking demand = 5.90 spaces per a thousand square feet x 58,070 SF = 341 spaces. As shown on the Overall Site Plan (Sheet C4.0), the site currently has a surplus of one-hundred and seventeen parking spaces (117). This will ensure that parking is PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 14 OF 38 15 not a burden on future property owners and businesses. A total parking supply of 341 spaces at a parking ratio of 5.90 spaces per thousand SF would be needed to serve the proposed shopping center's demand. Winter Springs Marketplace will provide parking spaces at a ratio of 5.92 spaces per thousand square feet. The applicant has stated that the reasoning for the excess of parking is a necessity, since the proposed shopping center which includes a grocery store and a fitness center tend to require additional parking spaces. Aesthetic Review: Pursuant to Section 9-603,which sets forth guidelines and minimum standards for Aesthetic Review packages, staff has utilized the below criteria in Section 9-603 to determine the following. The attached Aesthetic Review package (Exhibit 2) includes all of the submittal requirements for aesthetic review as set forth in Section 9-600 through 9-607 and include the following: (a) a site plan; (b) elevations illustration all sides of structures facing public streets or spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other constructed elements other than habitable space, if any; (e) illustrations of materials, texture, and colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural and engineering data as may be required. The procedures for review and approval are set forth in Section 9-603. Aesthetic review for Buildings B (Chipotle) and C (TBD) will be reviewed at a later date, the Applicant will be working with the tenant(s) regarding building design elements. ReviewAesthetic I. The plans and specifications of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. Analysis: All buildings taken as a group demonstrate flat awnings like the plaza across the street. There are a large number of awnings projecting forward of the principle plane. All awnings in the development are finished metal.The material palette includes brick wainscots,wood-look exterior wall panels, and warm-neutral paint colors similar to the Starbucks and the Wendy's on the norths side of S.R.434 in order to safeguard the surrounding area and cultural character of the community. PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 16 The Winter Springs Marketplace includes architecture that is complementary to the diverse styles of architecture of the Town Center. The neutral complementary color scheme with a variation of straight clean uniform lines is harmonizing to the surrounding area. The Winter Springs Marketplace has designed multiple buildings which complement each other and contain enhanced architectural and aesthetic elements. The site was developed to encourage use by pedestrians and the proposed buildings provide an interconnected system of walkable sidewalks. 2. The plans for the proposed project are in harmony with any future development which has been formally approved by the city within the surrounding area. Analysis: Not applicable. 3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (S00) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Analysis: The proposed structures are designed to contribute and enhance the architectural styles that are typical of the surrounding area. This project represents a progressive addition to the City of Winter Springs. Significant design features include architectural design elements such as; brick, plank boards, angled roofs, and buildings adorned with lighting fixtures. The proposed buildings are constructed with concrete and steel framed structures. The height of the buildings range from 21 ft. up to 34.5 ft. tall, approximately 220 feet across S.R. 434 from the subject site is the Winter Springs Town Center.The proposed style depicts a similar aesthetic feel and scale of similar buildings most recently approved within the Town Center (Starbucks and Wendy's). 4. The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, _ . . . . PAGE 17 features deemed significant based upon commonly accepted architectural principles of the local community. Analysis: The proposed project enhances the character and overall aesthetics of the surrounding area. The City of Winter Springs is comprised of diverse architectural styles and therefore, the all of proposed buildings taken as a group demonstrate deemed significant based upon commonly accepted architectural principles of the local community. S. The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, wrought iron, columns and piers, porches, arches, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. Analysis: The proposed units are designed to contribute to the quality architectural styles that are typical of the surrounding area. This project represents a progressive addition to the City of Winter Springs. Aldi, the development's largest tenant, includes a second story from the exterior with faux upper glazing. An expression line between first and second story is implied bythe consistent height of awnings and glazing. Crunch Fitness,the development's second largest tenant, features a functioning second story with second story windows and also includes upper story louver panels that continue the rhythm established by the upper story windows across the front of the building. Significant design features include architectural design elements include; brick wainscots, wood-look exterior wall panels, and warm-neutral paint colors similar to the Starbucks across the street. PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 17 OF 38 18 Waiver Requirement Section 20-34.- Waivers. • Any real property owner mayfile a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category). • The Planning and Zoning Board shall be required to review all waiver applications and make a written recommendation to the City Commission. Such recommendation shall include the reasons for the Board's recommendation and showthe board has considered the applicable waiver criteria set forth in this section. • Upon receipt of the Planning and Zoning Board's recommendation,the City Commission shall make a final decision on the application. If the City Commission determines that the Planning and Zoning Board has not made a recommendation on an application within a reasonable period of time,the City Commission may, at its discretion, consider an application without the Planning and Zoning Board's recommendation. • All waiver recommendations and final decisions shall comply with the following criteria: PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, : . . . PACE OF 19 Waiver criteria set forth in Subsection • are as follows: 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. 3. The proposed development plan will significantly enhance the real property. 4. The proposed development plan serves the public health, safety, and welfare. S. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. 8. Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. The applicant requests that the City Commission consider the 12 waiver requests listed below: PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PAGE 19 OF 38 20 Waivers Request/Justification I 1. The applicant requests a waiver from Winter Springs City Code Sec. 16-51 to allow the copy area of wall signs to be measured as one (1) rectangle per row of text or symbols up to a maximum of three (3) rectangles, in lieu of the whole wall sign being measured as one (1) single rectangle is requested. Justification: When wall signs have significant blank space between lines of text, this blank space does not contribute to visual clutter and therefore should not count against copy area.The requirement for using a single shape creates a bias in favor of signage design that is boxy and densely fills the allotted shape. Signage designs that make significant use of blank space are effectively forced to reduce their copy area because blank space that is not part of the copy is nonetheless counted against the copy area limit. Providing some flexibility in the copy area calculation method will curb the effect ofthis bias,allowing a more accurate representation of the actual copy area being used by a given design.The limit of three rectangles will prevent this additional flexibility from being abused. City Code: Sec. 16-51 - Definitions I Copy Area or Sign Staff supports the requested waiver and supplied justification. The proposed request will assist in visibility for the proposed businesses along the right-of-way without increasing the copy area. 2. The applicant requests a waiver from Winter Springs City Code Sec. 16-80 to allow a maximum a maximum copy area of seventy-two (72) square feet per sign face for the two (2) multi-tenant "shopping center" ground signs indicated on the signage site plan in lieu of thirty-two (32) square feet. Justification: A waiver allowing a maximum copy area of seventy-two (72) square feet per sign face for the two (2) multi-tenant "shopping center" ground signs identified on the signage site plan, in lieu of thirty-two (32) square feet is requested. The two (2) multi-tenant signs that will make use of this waiver are serving the anchor tenants at the rear of the development, meaning that their building-mounted signage has correspondingly lower visibility (and hence less visual clutter) when viewed from the street. The requested increase in copy area provides these tenants with necessary street visibility PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 20 OF 38 21 while maintaining a pleasant streetscape as shown in the street-view renderings included with this package. This property is at the intersection of two major roads:SR 434 and Tuskawilla, which are respectively six (6) lanes wide and five (5) lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide, fast, car-oriented roads will be necessary to sustain the businesses in this development. City Code: Sec. 16-80 - Limitations on Certain on-premises signs including attached to buildings. Staff supports the requested waiver and supplied justification.An analysis of permitted signage within the Town Center has determined that many of the wall signs exceed Code requirements.The request is consistent with current signage trends and will assist in visibility for the proposed businesses. 3. The applicant requests a waiver from Winter Springs City Code Sec. 20-325 to allow a minimum 15% frontage buildout at the front setback as required under the T5 transect in lieu of the 20% minimum specified. Justification: The waiver allowing a minimum 15% frontage buildout in lieu of the 20% requirement is required in order to maintain proper site circulation. Given the drive-thru associated with the Quick Service Restaurant (QSR) use for Buildings B and C additional vehicular access is needed around these to provide adequate circulation and limit stacking at ingress and egress points. In addition, each parcel is required by City criteria to stand on its own per development. Parking areas line the vehicular access routes as another feature allowing each lot to stand on its own. City Code: Sec. 20-325 Transect Standards I Table T5 (Urban Center Zone) Staff supports the requested waiver and supplied justification. As similar requests have been approved in the Town Center. 4. A waiver is requested from Winter Springs City Code Sec. 20-325 to allow a maximum 67.75-ft front setback in lieu of the 50-ft max setback (from front property line). PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 22 Justification: The waiver allowing a maximum 67.75-ft front building setback in lieu of the 50-ft setback is requested in order to better accommodate the streetscape requirements detailed within Section 20-605 of the City's Code. The applicant has provided an enhanced onsite landscape buffer along SR 434 to meet the canopy tree streetscape requirements. The canopy trees that would otherwise be adjacent to the SR 434 roadway have been located on site in order to avoid overhead and underground utilities. The right-turn lane in front of the site limit the amount of room available for the canopy trees immediately adjacent to SR 434. The applicant has made additional efforts to bring the buildings as close to the 50-ft maximum as possible.The drive aisle along the front of Buildings A & B has a 22-ft width and the associated front parking spaces have 18-ft lengths. These changes in addition to the 12-ft right-turn lane streetscape encroachment along the 434 frontage bring the total requested variance from code to nearly 10%. City Code: Sec. 20-325 Transect Standards I Table T5 (Urban Center Zone) Staff supports the requested waiver and supplied justification. As similar requests have been approved in the Town Center (Wendy's and Starbucks). S. The applicant requests a waiver from Winter Springs City Code Sec. 20-324 (6) to allow the drive-through service windows for Buildings B and C at the side of the buildings in lieu of in the rear or alley of the buildings. Justification: The waiver allowing drive-thru service windows on the side of Buildings B and C in lieu of the rear or alley of the building is required due to the area limitations in the vicinity of these buildings. Rotating these buildings to locate the drive-throughs at the rear would impact the amount of parking the parcel would be able to provide. If the buildings are rotated with rear drive-throughs, the buildable area in the Future Development parcel area would be negatively impacted in order to achieve sufficient parking for Buildings B and C. PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 22 OF 38 23 City Code: Section 20-324 (6) - General Provisions- Drive-throughs. Staff supports the requested waiver and supplied justification. As similar requests have been approved in the Town Center (Wendy's and Starbucks). 6. The applicant requests a waiver from the table at the end of Winter Springs City Code Sec. 20-327 (1) to allow wall signs to have a maximum copy height of twelve (12) feet in lieu of three (3) feet. Justification: A waiver requesting to allow wall signs to have a maximum copy height of twelve (12) feet in lieu of three (3) feet is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec.16-80 and 20-327.1.The increase in copy height is requested based on this property's situation at the intersection of two wide, fast, car-oriented roads, and the car-oriented development pattern that such roads necessitate.This means the buildings will be placed at a greater distance from the road than the original sign height limits account for and will therefore need to be taller to remain legible at a distance. But to reiterate, while the height of the signs is increasing, the total allowable copy area is not. City Code: Section 20-327 (1)- Signs Staff supports the requested waiver and supplied justification.An analysis of permitted signage throughout the Town Center has determined that many wall signs exceed Code requirements. The waiver request is in line with current signage trends and will assist in visibility for the proposed businesses. The waiver is consistent with what has been previously approved within the City. 7. The applicant requests a waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall signs to have a maximum letter height of forty two (42) inches in lieu of eighteen (18) inches. Justification: A waiver requesting to allow wall signs to have a maximum letter height of forty two (42) inches in lieu of eighteen (18) inches is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec. 16-80 and 20-327 (1) The increase in letter height is requested based on this property's situation atthe intersection of two wide,fast,car-oriented roads,and the car- oriented development pattern that such roads necessitate. This means the PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 24 buildings will be placed at a greater distance from the road than the original letter height limits account for and will therefore need to be taller to remain legible at a distance. But to reiterate, while the height of the letters is increasing, the total allowable copy area is not. City Code: Section 20-327.1 - Signs Staff supports the requested waiver and supplied justification. Staff supports the requested waiver and supplied justification. An analysis of permitted signage throughout the Town Center has determined that many wall signs exceed Code requirements. The request is in line with current signage trends and will assist in visibility for proposed businesses. The waiver is consistent with what has been approved within the City. 8. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1.(a) to allowfour (4) monumentsigns along S.R.434 and Tuskawilla Road within the Town Center. Justification: The waiver allowing monument-style ground signs along SR-434 within the Town Center is required as a result of location. This property is at the intersection of two major roads: SR 434 and Tuskawilla, which are respectively six (6) lanes wide and five (5) lanes wide along the frontage of this property,and both have planted medians.Visibilityfrom these wide,fast, car-oriented roads will be necessary to sustain the businesses in this development. Monument-style ground signs are the norm for this type of development, including at comparable properties just down the street, within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. Given this, and the fact that the property in question is near the edge of the Town Center district,we believe that allowing these monument-style signs is both fair and will not harm the city's intent within the Town Center. The proposed monument signs include: 1) One (1) 8 ft. tall dual-tenant ground sign on S.R. 434 frontage (S-3). (Heartland Dental /Chipotle) 2) One (1) 12 ft. tall multi-tenant ground sign on S.R. 434 frontage (S-1). (Aldi/Dollar Tree/Crunch Fitness) 3) One (1) 12 ft.tall multi-tenant ground sign on Tuskawilla Road, serving the rear tenants (S-1). (Aldi/Dollar Tree/Crunch Fitness) PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 24 OF 38 25 4) One (1) 8 ft. tall single-tenant ground sign on S.R. 434 frontage (S-2). (TBD) See Master Sign Plan (MSP) for proposed monument sign locations (S-1, S-2, and S-3). City Code: Section 20-327.1.(x) - General Requirements I Free standing monument signs are permitted by waiver along State Road 434 frontage. Staff supports a partial waiver for this request. Staff does not support #4 listed above, an 8 ft. tall single-tenant monument sign on S.R. 434 frontage (S-2). Staff will only support three (3) monument signs. Staff does not support a waiver for four (4) monument signs (see analysis below). 9. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1(x) to allow monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated. Justification: A waiver allowing monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated is requested. The prohibition on internally lit backgrounds for wall signs will remain intact. This waiver only allows backgrounds to be internally illuminated on monument signs. Internally illuminated backgrounds are the norm for commercial monument signs, and are already common along both SR434 and Tuskawilla, including on comparable properties just down the street within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. The use of internally illuminated backgrounds is appropriate to the scale and speed of these adjacent major roads, which is also the circumstance that justifies the presence of monument signs. If the city chooses to acknowledge such circumstances are present by granting the Section 20- 327.1(x) waiver request to permit monument signs on this property, it is reasonable that the city would also permit the use of design and construction techniques common to monument signs. PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 26 City Code: Section 20-327.1.(x) - General Requirements Staff supports the requested waiver and supplied justification. As similar requests have been approved in the Town Center (Wendy's and Starbucks). 10. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1(b) to allow the use of plastic finishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint. Justification: A waiver allowing the use of plastic finishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint is requested. The Town Center code allows for individually cut letters to be internally illuminated, so in practice some allowance for the use of plastics is already made. Translucent plastic is a necessary component of internally illuminated signs; therefore, this waiver would be necessary for the practical exercise of the waivers allowing internal illumination of monument signs and permanent menu boards. City Code: Section 20-327.1.(b) - Finish Materials Staff supports the requested waiver and supplied justification. As similar requests have been approved in the Town Center (Wendy's and Starbucks). 11. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1(d)(9)a to allow menu boards to be permanent when installed on private property in lieu of temporary. Justification: A waiver allowing menu boards to be permanent when installed on private property in lieu of temporary is requested. The existing design standards for menu boards do not account for drive-thru restaurants. If the proposed drive-thru use is approved for this property, then a permanent menu board serving the drive thru will be required. This waiver only applies to menu boards installed on private property. No permanent signswill be installed on sidewalks or public property.The proposed menu board is facing away from the public right-of-way and will be sized consistent with industry-standard drive-thru menu boards, such as that already in use by Starbucks and McDonalds across the street from this development. The proposed menu board will be constructed to the same weather-resistance and wind-loading PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, _ . . . . PAGE 27 standards as any other permanent exterior sign per applicable building codes. City Code: Section 20-327.1.(d)(9) - Sign Standards: Specific to Sidewalk Signs (Menu Board Signs) Staff supports the requested waiver and supplied justification. As similar requests have been approved in the Town Center (Wendy's and Starbucks). 12. The applicant requests a Waiver from Winter Springs City Code Sec. 20-601 (Ordinance 2020-02) to allow a 13-ft onsite landscape buffer with canopy trees, a meandering 6-ft offsite sidewalk, and interspersed understory trees between back of sidewalk and front of sidewalk within the R/W. The requested streetscape buffer modification will provide the 27-ft buffer as required by code. This request will be in lieu of the required 5-ft landscape area adjacent to the R.O.W.,followed by a 6-ft sidewalk, and a 16-ft landscape and treescape area. Justification: The waiver allowing modification to the S.R. 434 & Tuskawilla streetscape configuration and plant species is required due to conflicts with existing utilities, sidewalks, and a right turn lane within the R.O.W. Existing underground and overhead utilities within the R.O.W. currently limit the planting of trees in the configuration required by code. City Code requires a 27-ft streetscape buffer from R.O.W.'s edge of pavement. Under normal circumstances there is adequate space from the edge of the roadway to proposed development to provide for the streetscape buffer as shown in Ordinance 2020-02. The Winter Springs Marketplace property has an existing right-turn lane along the majority of the SR-434 boundary which removes 12-ft of space the site is able to utilize for the streetscape buffer. Approximately 17-ft is provided between the property line and the edge of pavement within the right turn lane.There is existing water main, overhead electric, gas, and underground electric within this distance. An existing 5-ft sidewalk runs along the SR- 434 and Tuskawilla Road site boundaries. In an effort to work with City Staff,the Applicant has agreed to place canopy trees within the limits of the onsite landscape buffer. Understory trees will be interspersed among the proposed onsite canopy trees. The existing sidewalk within the R/W will be upgraded to a 6-ft sidewalk in areas adjacent to proposed development. In the R/W, understory trees will be placed between back of curb and front of sidewalk. PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 27 OF 38 28 The proposed configuration will provide the 6-ft sidewalk required by code and allow for canopy trees within the streetscape buffer. Placing the canopy trees onsite rather than in the R/W will help prevent conflicts with the overhead utilities once the trees reach maturity. The addition of the understory trees within the R/W will help enhance the streetscape buffer for pedestrians and vehicular traffic. Existing utilities within the R/W will be adjusted to follow the routing of the new 6-ft sidewalk. Although this layout will be different than the streetscape layout it will still meet the intent of the streetscape requirements. City Code: Sec. 20-601.- Streetscape Requirements. Staff supports the requested waiver and supplied justification. The requested streetscape waiver will provide a 34-ft. buffer in lieu of a 27-ft buffer as required by Code. As similar requests have been approved in the Town Center (Chau Medical Office). Waiver Analysis: In evaluation of the twelve (12) proposed waiver requests,the applicant has satisfied the eight (8) specific criteria and supports the twelve (12) waiver requests as listed above, although Staff partially supports Waiver #8(4) (as listed above). Waiver #8(4)• Staff supports a partial waiver for this request. Staff does not support 8(4) as listed above, an 8 ft.tall single-tenant monument sign on S.R. 434frontage (S-2). Staff will support three (3) monument signs, but not four (4) monument signs. As discussed above the site will consist of five commercial buildings,the Applicant does not have a tenant in place for Building C. Once the Applicant is ready to move forward with the Aesthetic Review for Building C and the Future Development portion,then the Applicant may move forward to request a waiver for a fourth monument sign. With the exception of the waivers detailed above, the proposed project meets the remaining requirements set forth in Section 20 of the City of Winter Springs Code. The site design underwent a full review in which the site design was further fine- tuned to incorporate all the changes requested by Staff to meet City Code. The majority of the property is currently undeveloped and vegetated with upland wooded areas. The eastern corner of the site is a former Pinch-A-Penny. Proposed development will enhance the property by providing a developed and landscaped cohesive look that complements the surrounding retail and residential areas. The proposed development hopes to serve Winter Springs public health and welfare by bringing a fitness club tenant and a dentist tenant under contract. Development PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 29 of the property will serve Winter Springs by replacing the abandoned Pinch-A- Penny and an undeveloped lot with clean, well lit, and secure facilities available for public access. The onsite drainage system also benefits public health and welfare with the increased water qualityand nutrient removal benefits it provides towaters leaving the site. The increased commercial tax base provided as a result of this project will reduce the burden on City of Winter Springs residents. The above waiver requests will not diminish the property values and seeks to maintain the essential character of the surrounding neighborhood. The proposed development plan is compatible and harmonious with the surrounding neighborhood. The development will complement the surrounding similar QSR, grocery, fitness club, and medical uses. Roberts Family Lane and Natures Way neighbors were involved early-on to address concerns with the proposed development. The site buffers along the residential areas incorporate input from meetings with the neighbors in further efforts to provide a site that is harmonious with the surrounding neighborhood. Reports• The Final Engineering submittal is required to include the following reports or updates of previously prepared reports for the same property. D _ 0 0 November 15, 2018 Geo Technical Report I ECS Florida August 2020 Transportation Impact Analysis I Kimley Horn November 11, 2020 Parking Demand Study I Kimley Horn July 28, 2020 Potable Water System Report Kimley Horn Revised Potable Water System Report Kimley Horn September 24, 2020 July 14, 2020 Drainage Calculation for SJRWMD I Kimley Horn August 4, 2020 Environmental Report I Kimley Horn December 2, 2020 Fiscal Impact Statement I Equinox December 21, 2020 Waiver Request I Kimley Horn Revised Geo Technical Report I ECS Florida December 15, 2020 PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, _ . . . . PAGE 30 Revised Parking Demand Study Kimley Horn December 15, 2020 Revised Traffic Impact Analysis Kimley Horn December 2020 Procedural History: May 28, 2020 Community Workshop Meeting June 6, 2020 Non-Binding Preliminary Review August 11, 2020 Application Submittal Date February 4, 2021 Planning & Zoning Board/Local Planning Agency Recommendation of Approval February 8, 2021 City Commission Continued February 22, 2021 City Commission Pending Applicable Law, Public Policy, and Events: Florida Statutes 163.2511-163.3246: Growth Policy; County and Municipal Planning_; Land Development Regulation (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Home Rule Powers Code of Ordinances City of Winter Springs. Section 20-1. Definitions. Section 20-34 Waivers Chapter 5 - Tree Protection and Preservation Ch20, Sec. 20-601.- Streetscape Requirements. Division 5. Sounds Levels by Receiving Land Use Division 12. - Town Center District Code Sec. 20-325. - Transect standards. S.R. 434 Corridor Vision Plan S.R. 434 Corridor Overlay District City of Winter Springs Comprehensive Plan. Future Land Use Element, Policy 1.1.6 PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 PACE 30 OF 38 31 Fiscal Impact• The Development will be a ground up project which will be constructed on the approximately 10-acre parcel located at the southwest quadrant of State Road 434 &Tuscawilla Road over an approximately two-year period. At final build-out, the total Development will consist of approximately 57,070 SF of retail uses cohesively designed so as to create a single location whereby residents can make one stop but cover many uses typically found within a shopping center. Revenue to the City of Winter Springs based on the Development will consist of the Ad Valorem Tax and State Shared Revenues (Revenue Sharing and Half-Cent Sales Tax). Ad Valorem Tax• The assessed value of the proposed development is anticipated to be approximately$20,000,000 based on an estimate of today's capitalized value. The following provides the 2019 Millage Rate breakdown for properties located within the City of Winter Springs: Ad Valorem Tax County 11.2495 City 2.4300 Fire 2.7649 Road N/A Tota 1 16.4444 Based on the above 2019 Millage rate, the following are estimated tax revenues to the City of Winter Springs from the proposed Development: Estimated Assessed Value Millage Rate Estimated City Revenue $20,000,000 2.4300 $324,254.00 State Shared Revenues (Revenue Sharing And Half-Cent Sales Tax. The City's State shared revenue is estimated based on retail sales generated by the future development of the shopping center. It is estimated that the proposed uses will generate a yearly sales volume of approximately $11,572,000.00 based on estimated sales of$200.00 per square foot of total buildings. PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 32 Total Revenue• Based on the above Ad Valorem Tax and State Shared Revenues, the total revenue to the City of Winter Springs will be approximately $48,200.00 per year for the overall Development. Final Development Plan Approval: The City Commission may approve Final Engineering Plans separately and prior to approval of the final plat as provided in Section 9-74 of the City Code. Development Agreement: The Applicant has agreed to specific Conditions of Approval for the Plan and a waiver as negotiated in the Developer's Agreement. Pursuant to Section 20-29 of the City Code, all development projects requiring a community workshop pursuant to Section 20-29.1 shall be required to be memorialized in a binding Development Agreement executed by the City and the property owner. Community workshops are required for all new commercial development, under Section 20-29.1. A Community Workshop was held on August 13, 2019. The draft Development Agreement is enclosed as an Exhibit hereto. The Development Agreement has been drafted to address several important issues regarding the proposed Final Engineering Plans and the eventual aggregating of this project. RECOMMENDATION Staff recommends that the City Commission approve the Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocery store, retail uses, medical, fitness center, and fast food restaurants. Staff does not recommend approval of the Waiver request #8 (4), the fourth monument sign. The recommendation of conditional approval should include the following conditions: 1. Project approval is conditioned upon the execution of the Development Agreement and the terms and conditions contained therein, which include: A. To the extent that the driveway access to SR 434 and the underground chambers for stormwater collection and treatment to service the driveway as shown on the "Overall Site Plan", Sheet C4.0 and the Overall Drainage Plan, Sheet C6.0 of the Final Engineering Plans, are located on the Trust Property, the Developer shall be required to secure easements from the Trust to allow for the construction, installation and maintenance of such PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 33 facilities prior to issuance of any site clearing or building permits for the Property, if the same have not already been obtained. Except for grading and seeding/grass installation plans and except to the extent adequate easements for the driveway access to SR 434 and the underground chambers for stormwater collection and treatment are secured (if not already obtained), approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property shall be contingent upon the Developer acquiring the Trust Property within one year of the Effective Date of this Agreement. B. In the event the Developer acquires the Trust Property within one year of the Effective Date of this Agreement, Developer shall extend and install the planned streetscape along the SR 434 and Tuskawilla Road frontage of the Trust Propertyto match the streetscape planned for the Property. The Trust Property streetscape shall be installed either in conjunction with the Property streetscape or within twelve (12) months following acquisition of the Trust Property (subject to Section 25.0), whichever is later. However, in the event that Developer does not acquire the Trust Property and fails to complete the closing, Developer shall install as much of a matching streetscape as possible within the existing rights-of-way on SR 434 and Tuskawilla Road adjacent to the Trust Property concurrent with the installation of the streetscape on the Property. C. In the event the Developer acquires the Trust Property, the Developer shall as soon as possible thereafter demolish the existing pole sign and existing building at the corner of SR 434 and Tuskawilla Road. In any case, the Developer shall use its best faith efforts to secure the authorization from the Trust to remove the existing pole sign and existing building as soon as possible. D. A Reciprocal Easement Agreement dated November 10, 2020 has been recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida (the "PEA") affecting the Property. Developer is relying upon the REA for master planning common infrastructure between the Property and Trust Property and permitting the Project with the City. Therefore, should the REA terminate and a substantially similar agreement or declaration not be of record providing for the master planning common infrastructure between the Property and the Trust Property, Developer shall be required obtain an amendment to the Final Engineering/Site Plan in order to demonstrate to the City that the Project can standalone on the Property relative to adequate access, parking, utilities, drainage and any PUBLIC HEAPINGSt • ITEM 400 1 MONDAY, C P . . . PAGE 34 other previously shared infrastructure under the REA. Further, should the Property be further divided in any manner not authorized by Section 28.0 of this Agreement,the Cityshall require, prior to the approval of the division of land, that the Developer demonstrate adequate access, parking, utilities and drainage including any other easements necessary for common infrastructure on the Property which is not already demonstrated by the PEA or substantially similar agreement or declaration of record. E. The onsite wastewater collection system required to be constructed for the Project, up to the connection at the City's manhole in Solaris Wharf Street, is to be owned and maintained by the Developer and/or future owners of the Property. F. The onsite potable water system required to be constructed for the Project, up to and including the meters at each building, is to be dedicated to the City for ownership and maintenance. A10-foot wide utility non-exclusive easement, centered over the water lines as shown in the Final Engineering Plans, shall be dedicated to the City and an appropriate bill of sale for the potable water system as described herein shall be delivered to the City prior to the issuance of any certificate of occupancy in a form acceptable to the City Attorney, free and clear of all liens. Upon completion and acceptance of the potable water system improvements by the City, the potable water system improvements shall be owned by the City and maintained, repaired and replaced by the City. In addition, the onsite irrigation system shall be connected to the City's reuse system. The onsite irrigation system shall be owned and maintained by the Developer and/or future owners of the Property; provided, however, should any irrigation system and applicable meter be located on anysingle lot within the Project,then such system may be owned and maintained by the owner or occupant of such lot. The City's meter for the reuse connection shall be located at the right-of-way line in an easement dedicated to the City in a form acceptable to the City Attorney prior to the issuance of any certificate of occupancy. G. Developer shall be required to plant at least 296 credits of new replacement trees, which shall include at least six (6) 10" d.b.h Quercus Virginia/Live Oaks to mitigate the removal of six (6) viable specimen trees on the Property. All required tree replacements shall be planted prior to the issuance of any final certificate of occupancy for any building on the Property. Tree replacements and landscaping shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 34 OF 38 35 the Developer's expense, if the City determines, after reasonable inspection, that any tree or landscaping has become severely diseased or damaged to the point that the viability of the tree or landscaping has been significantly compromised. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees or landscaping, the City shall have the right, but not obligation, to conduct said maintenance, repairs or replacements and recover the actual cost thereof from the Developer. Prior to exercising that right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period, the City may exercise its rights to maintain and replace at anytime thereafter. The Developer shall additionally submit: (1) a $112,800.00 tree bank mitigation payment for trees that are not possible to replace on the Property; and (2) a Landscape Performance and Maintenance Bond in a form acceptable to the City Attorney ensuring planting and installation of all required trees and landscaping should the Project be abandoned after the Property has been cleared and proper maintenance of the trees for two (2) years after planting. The tree bank mitigation payment and Landscape Performance and Maintenance Bond shall be submitted prior to obtaining the first clearing and grading or building permit, whichever is earlier. H. No building in the Project shall exceed a height of three stories. I. The City Commission herein imposes certain use restrictions greater than those otherwise specified in the Town Center zoning district to ensure any negative impacts of the commercial development are minimized and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: 1. Alcoholic beverage sales (package) 2. Alcoholic beverage on-premises consumption 3. Art supplies and picture framing shops 4. Artists' (such as painters, sculptures, and craft makers) studios S. Alterations, Tailoring and Shoe Repair 6. Confectionary and ice cream stores (including outside dining) 7. Dance and music studios 8. Interior decorating and draperies 9. Pet shops and grooming 10. Photographic studios 11. Physical fitness and health clubs PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C P . . . PACE 36 12. Professional and Business Offices including: a. Advertising Agencies b. Bookkeeper C. Dental d. Insurance e. Medical (clinics and laboratories) f. Title Companies g. Travel Agency 13. Restaurants, sidewalk cafes 14. Retail uses as follows: a. Appliances, sales and service b. Antique and gift shop C. Bakery, including wholesale d. Bridal shop e. Bicycle, sales/service f. Bookstores, stationery, newsstands g. Butcher shop h. Carpets, rugs and linoleum i. Computers, hardware/software/sales/service j. Drug and sundry stores (including General stores, such as Dollar Tree, Family Dollar or Dollar General) k. Dry cleaner/Tailoring shops I. Florist/Gift Shop M. Financial institutions, banks, savings/loan (Requires Conditional Use) n. Furniture o. Grocers, including wholesale P. Hardware store q. Health food/Snack shop r. Hobby/craft shop S. Jewelry t. Office and stationary supplies U. Paint store V. Quick printers W. Rental stores, excluding auto/truck rentals X. Sporting goods Y. Toy stores Z. Wearing apparel stores 15. Salon including nail, hair, and tanning PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, _ . . . . PAGE 37 There shall be no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). J. All grass areas on the Property and Trust Property shall use Bahia grass. No St. Augustine grass or grass types with low drought tolerance shall be permitted. In accordance with the REA, the Developer shall elect to clear, grub, and seed/grass the Trust Property and diligently pursue the consent and approval of the Trust to perform such work in conjunction with the clearing, grading and landscaping of the Property. K. Dumpster service and trash pickup for the Project is prohibited earlier than 7 a.m. and later than 7 p.m. L. Commercial delivery trucks to the grocery, retail stores, and restaurants shall not be permitted to access the Property via Roberts Family Lane. M. Project construction shall be limited to Monday-Saturday 7:00 a.m. to 8:00 p.m. Construction shall be prohibited Sundays and on federal holidays. N. All parking area lighting shall be designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. O. Prior to commencement of construction,the Developer shall submit for the City's approval a plan detailing construction access and employee and contractor parking during construction. Employees and contractors and their equipment, materials and supplies shall not be parked or placed on Roberts Family Lane. The proposed development plan is in substantial compliance with the Comprehensive Plan. PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, FEBPUAPY 22, 2021 1 PACE 37 OF 38 38 Attachments: • Exhibit 1 -Vicinity Map • Exhibit 2-Aesthetic Review • Exhibit 3- Waiver Request • Exhibit 4- Final Engineering Plans/Site Plan Approval • Exhibit 5- Master Sign Plan • Exhibit 6- Specimen Tree Removal Letter • Exhibit 7- Development Agreement PUBLIC HEAPINGS . • ITEM 400 1 MONDAY, C . . . . PACE OF 38 39 Vicinity Map Parcel ID's# 36-20-30-502-0000-0070 (Vacant), 36-20-30-502-0000-0080 (Vacant), 36-20-30-502-0000-0090 (Vacant), 26-20-30-5AR-OA00-008F (Former Pinch-A-Penny) C. '+� a 13 p SUBJECT PROPERTY ,, . a i{ }' 12 1,ti 5 A 1233 . S. q u'"i►. 40 �,NM 40 CITY OF WINTER SPRINGS . ..... COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 CU tomerseryice@wint"s ringsfl.org Application-Aesthetic Review The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant.The application shall be reviewed per Chapter 9-Aesthetic Review See.9-605. The sufficiency review shall be completed within thirty (30)calendar days per FL Statue 166.033. Once the application is deemed sufficient,the applicantshall move forward with the Community Workshop,required per Chapter 20-Zoning Sec.20-29.1. Applicants are responsible for posting notice(provided by the city)on the site at least seven (20)days prior to the City Commission (CC)meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. Applicants are further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES,by signing below,that he or she: • May be sworn-in as a witness in order to provide testimony to the City Commission; • Shall be subject to cross-examination by party intervenors(if requested); and • Shall be required to qualify expert witnesses, as appropriate. Applicants are encouraged to familiarize themselves with ChUter 2 - Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Aesthetic Review recommendations shall be based from the required information/documentation provided,the Winter Springs Code of Ordinances,and the Winter Springs Comprehensive Plan(to the extent applicable). The City Commission(CC)shall render all final decisions regarding Aesthetic Review and may impose reasonable conditions on any approved Aesthetic Review to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 9,Aesthetic Review Standards. Applicants are advised that if,they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings,they will need a record of the proceedings and,for such purposes,they will need to insure that a verbatim record of the proceedings is made,at their cost,which includes the testimony and evidence upon which the appeal is to be based,per Florida Statute 286.0105. An Aesthetic Review Approval by the City Commission under this article shall be valid for a maximum of eighteen (18) months from the date the city commission renders its approval at a public meeting. If the applicant fails to obtain a building permit within the eighteen (18)month period,the city commission's approval shall expire at the end of the period.However, once a building permit is issued,the approval shall be valid fora time period equal to the permit and shall expire only if the building permit expires. Reasonable extensions may be granted by the city commission upon good cause shown by the applicant, provided substantial changes have not occurred in the surrounding area that would make the prior approval inconsistent with the criteria set forth in Chapter 9-Aesthetic Review Sec.9-9603 2019/10 Pagel of 41 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice@winterspringsfl.org Application—Aesthetic Review REQUIRED INFORMATION: Applicant(s): Maria Lopez Date.,9/3012020 Mailing address: 424 E. Central Blvd#542 Orlando, FL 32801 Email: mlopez@eleven18architecture.com Phone Number: 4077455300 Ext 106 Property Owner(s): Anna Ondick as Trustee of the Robbie R. Ondick Irrevocable Trust dated October 7, 1991 Mailing Address: 989 Greentree Drive, Winter Park, Fl- 32789 Email: anna_ondick@earthlink.net Phone Number: Project Name: Winter Springs Marketplace Retail Property Address: Section 21, Township 21 S, Range 31 E Parcel ID(s): 36-20-30-502-0000-0070,36-20-30-502-0000-0080, 36-20-30-502-0000-0090,26-20-30-5AR-OA00-008F Parcel Size: 10.23 Acres Existing Use: Vacant & General Commercial Future Land Use: Commercial Zoning District: T-5 Urban Center Zone Final Engineering Approval Date: In Progress Has the applicant agreed to a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the City Commission including, but not limited to, any mitigative techniques and plans required by city code? Yes X No List all witnesses that the applicant intends to present to the City Commission to provide testimony: TBD Describe with specificity any evidence which the applicant intends to present to the City Commission,including oral factual testimony, maps, photographs,records or reports and/or expert testimony: TBD 2019/10 Page 2 of 5 42 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice@wintersprin sg fl.org Application—Aesthetic Review Attach all documentary evidence which the applicant intends to present to the city commission to the back of this application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted at the city commission hearing if not submitted at least seven(7) days prior to such hearing_ CRITERIA FOR REVIEW: 1. The PLANS AND SPECIFICATIONS of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. 2. The PLANS for the proposed project are in harmony with any future development which has been formally approved by the City within the surrounding area. 3. The PLANS for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed,permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred(500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line, hardseape improvements, and height or design elements. 4. The PLANS for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. 5. The PROPOSED PROJECT is consistent and compatible with the intent and purpose of this article,the Comprehensive Plan for Winter Springs, design criteria adopted by the City (e.g. Town Center guidelines, SR 434 design specifications)and other applicable federal, state or local laws. 6. The PROPOSED PROJECT has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. 2019/10 Page 3 of 5 43 CITY OF WINTER SPRING COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 r customerservicenwintersprin sg f1.orQ ` Application—Aesthetic Review REQUIRED DOCUMENTATION(PDF): X A complete Application and applicable fee _Minor(Site less than 2 acres)—$300* X Major(Site greater than 2 acres)—$600* T Modification of previously approved Aesthetic Review—$300* X A Legal Description accompanied by a.certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the subject property(To scale). X Site Plan X Building Elevations (color) illustrating all sides of structures X COLOR RENDERING illustrating street view with landscaping at time of planting; X ILLUSTRATIONS of all WALLS, FENCES, AND OTHER ACCESSORY STRUCTURES and indication of their height and the materials proposed for their construction; X SIGNAGE ELEVATIONS of proposed exterior permanent signs, outdoor advertising or other constructed elements other than habitable space, if any; X IDENTIFICATION of MATERIALS,TEXTURES,AND COLORS(include paint chips)to be used on all buildings, accessory structures, exterior signs,and other constructed elements; OTHER architectural and engineering data as may be requested to clarify the application. For all new commercial development and new residential subdivisions of ten(10)or more lots or existing commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity and requiring a modified site plan,or development agreements process under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the city code and the affect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the following additional information referenced in Chapter 20—Zoning Sea.20.29 Applications 7)—(11). * Fees are as shown above plus actual costs incurred for advertising or notification, and for reimbursement for technical and/or professional services which may be required in connection with the review, inspection or approval of any development(based on accounting submitted by the city's consultant),payable prior to approval of the pertinent stage of development. 2019/10 Page 4 of 5 44 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 eustomerservice@winterspringsfl.org Application-Aesthetic Review CITY LIMITED RIGHT OF ENTRY:By submitting this Application you hereby grant temporary right of entry for City Officials to enter upon the subject property for purposes of evaluating this Application and posting on the subject property. APPLICANT'S AUTHORIZATION: I desire to make Application for an Aesthetic Review for the aforementioned project and have read and agree to the terms contained herein. In addition, if the Applicant is a corporate entity, the undersigned hereby represents and warrants that he/she is authorized to act on behalf of, and bind,the corporate entity. Applicant Name(Print): Maria Lopez Applicant Signature: Maria Lopez Date:9/30/2020 Business Name: Eleven 18 Architecture Address: 424 E. Central Blvd. #542 Orlando FL 32801 parcel ID: STATE OF Florida COUNTY OF Seminole County The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission expires: Note: The Property Owner shall sign and have their signature notarized below if the Applicant is not the owner of the subject property. Property Owner's Name(Print): ALMA— ©A1,D C-,K 9 "I-A M (2)e Property Owner Signature: %jam Date STATE OF - COUNTY OF t kIP O L 'f" he fore goin instrument was a knowledged before me this day of 20 by 10AJ el who is...._.personally known to me or who has produced as identi lca ion and w)ho did/did not take an oath. a e:✓/ 0 3; A69:7�� (seal): Notary Public Signature: - My Commission expires: 0,49Y Pk&A Notary Public State of Florida Karen D Jones elf My Commission GG 091903 ;;l o"o Expires 05/30/2021 2019/10 Page 5 of 5 45 AGENT AUTHORIZATION FORM FOR THE Winter Springs Marketplace PROJECT LOCATED AT SR 434 and Tuskawilla Rd in Winter Springs, FL 32708: I, ANNA ONDICK, AS TRUSTEE OF THE ROBBIE R. ONDICK IRREVOCABLE TRUST DATED OCTOBER 7, 1991, THE OWNER AND/OR LEGAL AUTHORITY OF THE REAL PROPERTY DESCRIBED AS FOLLOWS, SEMINOLE COUNTY PARCEL NOS. 36-20- 30-502-0000-0070; 36-20-30-502-0000-0080; 36-20-30-502-0000-0090; 26-20-30-5AR-OA00-008F, DO HEREBY AUTHORIZE TO ACT AS MY/OUR AGENT(S) RYAN STAHL OF TUSCAWILLA PROPERTY INVESTORS, LLC, TO EXECUTE ANY APPLICATIONS, PETITIONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE APPLICATION APPROVAL REQUESTED AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS, CITY OF WINTER SPRINGS SITE DEVELOPMENT PERMIT; SEMINOLE COUNTY RIGHT-OF-WAY PERMIT; SJRWMD ERP; FDEP DRINKING WATER & DOMESTIC WASTEWATER PERMITTING; FDEP NPDES PERMITTING; FDOT DRAINAGE DRIVEWAY, AND UTILITY CONNECTION PERMIT, AND TO APPEAR ON MY/OUR BEHALF BEFORE ANY ADMINISTRATIVE OR LEGISLATIVE BODY IN THE COUNTY CONSIDERING THIS APPLICATION AND TO ACT IN ALL RESPECTS AS OUR AGENT IN MATTERS PERTAINING TO THE APPLICATION. NOTWITHSTANDING THE FORGOING, THE AGENT DOES NOT HAVE THE AUTHORITY TO EXECUTE ANY FINAL DOCUMENTS OR DEVELOPMENT ORDERS BINDING THE PROPERTY OR OWNER. Date: Signature of Property Owner Anna Ondick Print Name Property Owner STATE OF FLORIDA COUNTY OF'p I certify that the foregoing instrument was acknowledged before me this day of ,�ct 2020 by _4: jI& L`ytt/L_/< She is personally know to me or has produced as I entification and did / did not take an oath. Witness my hand and official seal in the county and state s fed above on the day of in the year Signature of Notary Pu@ic Notary Public for the State of Florida ,ppyy P4 4Notary Public State of Florida Karen DJones My Commission Expires: My Commission GG 091903 Of a Expires 05/30/2021 46 I®1� IF i W . ,1 � I1 i W rape®aa®� as®®aaa�e cn a�aaa,�e®a J ®aa®a�eau aaeaaaaa ®h aaa�am�i Q u�a4'�'aau ©�aea�a�c 'a44a©a • ��l�•�C�. 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I m O II j 3 III •` m II Z X W y N � z — ° w .w LL LU O w � wui I •X z _ _ Q J In SII LL LL F F w 0 LU xy �.Sw O No m h_ O o 53 CITY OF WINTER SPRINGS • COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 < <� � customerservice cgwinterspringsfl.org '45� WA2020-0026 Application—Waiver The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant.The application shall be reviewed per Chapter 20—Zoning Sec. 20-34. The sufficiency review shall be completed within thirty (30) calendar days per FL Statue 166.033. Applicants are responsible for posting notice (provided by the city) on the site at least seven (7) days prior to the Planning & Zoning Board (PZB) meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. Applicants are further advised that a Waiver is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES, by signing below, that he or she: • May be sworn-in as a witness in order to provide testimony to the City Commission; • Shall be subject to cross-examination by party intervenors (if requested); and • Shall be required to qualify expert witnesses, as appropriate. Applicants are encouraged to familiarize themselves with Chapter 2 — Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Waiver recommendations shall be based from the required information/documentation provided,the Winter Springs Code of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable). The City Commission (CC) shall render all final decisions regarding Waivers and may impose reasonable conditions on any approved Waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. Applicants are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost,which includes the testimony and evidence upon which the appeal is to be based, per Florida Statute 286.0105. A Waiver which may be granted by the City Commission shall expire two (2)years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the Waiver, is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date,without public hearing, an additional six(6)months,provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the Waiver shall be deemed expired and null and void,per Chapter 20— Sec.20-36. 2019/10 Page 1 of 5 54 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 < <� � customerservice cgwinterspringsfl.org '45� Application—Waiver REQUIRED INFORMATION: Applicant(s): Tuskawilla Property Investor, LLC Date:06/29/202C Mailing address: 630 South Maitland Avenue, Suite 100, Maitland, FL 32751 Email: RStahl@Equinox-Development.com Phone Number: 407-342-0277 Property Owner(s): Robbie & Edward Ondick Mailing Address: 989 Greentree Dr, Winter Park, FL 32789 Email: Phone Number: Project Name: Winter Springs Marketplace Property Address: State Road 434, Winter Springs, FL 32708 Parcel ID(s): 36-20-30-502-0000-0070; 36-20-30-502-0000-0080; 36-20-30-502-0000-0090;26-20-30-5AR-OA00-008F Parcel Size: 10.23 AC. Existing Use: Vacant and Commercial Future Land Use: Commercial Zoning District: Town Center District All waiver requests shall be written in the following format: A waiver is requested from Winter Springs City Code 'X' to allow 'Y' in lieu of'Z'. After the request, the applicant shall provide a justification for each waiver request. List Waiver(s)(provide additional sheets if necessary): Please see attached waiver cover letter included with this response Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development? Please see attached waiver cover letter included with this application. 2019/10 Page 2 of 5 55 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 < <� � customerservice cgwinterspringsfl.org '45� Application—Waiver Demonstrate that the proposed development plan is in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? Please see attached waiver cover letter included with this application. Will the proposed development plan significantly enhance the real property? Please see attached waiver cover letter included with this application. Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? Please see attached waiver cover letter included with this application. Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? Please see attached waiver cover letter included with this application. Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under Chapter 20—Zoning? Please see attached waiver cover letter included with this application. Is the proposed development plan compatible and harmonious with the surrounding neighborhood? Please see attached waiver cover letter included with this application. 2019/10 Page 3 of 5 56 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 < <� � customerservice cgwinterspringsfl.org '45� Application—Waiver Has the applicant agreed to a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the City Commission including, but not limited to, any mitigative techniques and plans required by city code? Yes X No List all witnesses that the applicant intends to present to the City Commission to provide testimony: Describe with specificity any evidence which the applicant intends to present to the City Commission,including oral factual testimony, maps, photographs, records or reports and/or expert testimony: Attach all documentary evidence which the applicant intends to present to the city commission to the back of this application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted at the city commission hearing if not submitted at least seven(7) days prior to such hearing_ REQUIRED DOCUMENTATION (PDF X A complete Application and Fee ($500.00*) X A general description of the relief sought under this division X A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in this division X A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale). X An Excel mailing list with the names and addresses of each property owner within 500 ft. of each property line, along with the HOA Associations within 1/2 mile of each property line. X For all new commercial development and new residential subdivisions of ten(10)or more lots or existing commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity and requiring a modified site plan, or development agreements process under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the city code and the affect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the following additional information referenced in Chapter 20—Zoning Sec.20.29 Applications (7)— (11). * Fees are as shown above plus actual costs incurred for advertising or notification, and for reimbursement for technical and/or professional services which may be required in connection with the review, inspection or approval of any development(based on accounting submitted by the city's consultant) ,payable prior to approval of the pertinent stage of development. 2019/10 Page 4 of 5 57 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 Incorporated customerservice cgwinterspringsfl.org 1959 Application—Waiver CITY LIMITED RIGHT OF ENTRY: By submitting this Application you hereby grant temporary right of entry for City Officials to enter upon the subject property for purposes of evaluating this Application and posting on the subject property. APPLICANT'S AUTHORIZATION: I desire to make Application for a Waiver for the aforementioned project and have read and agree to the terms contained herein. In addition, if the Applicant is a corporate entity, the undersigned hereby represents and warrants that he/she is authorized to act on behalf of, and bind,the corporate entity. Applicant Name (Print): Tuskawilla Property Investors, LLC Applicant Signature: Date: Business Name: Address: State Road 434, Winter Springs, FL 32708 Parcel ID: 36-20-30-502-0000-0070 STATE OF FL COUNTY OF Seminole Date The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission expires: Note: The Property Owner shall sign and have their signature notarized below if the Applicant is not the owner of the subject property. Property Owner's Name (Print): Property Owner Signature: Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission expires: 2019/10 Page 5 of 5 58 rn LO AGENT AUTHORIZATION FORM FOR THE Winter Springs Marketplace PROJECT LOCATED AT SR 434 and Tuskawilla Rd in Winter Springs, FL 32708: I, ANNA ONDICK, AS TRUSTEE OF THE ROBBIE R. ONDICK IRREVOCABLE TRUST DATED OCTOBER 7, 1991, THE OWNER AND/OR LEGAL AUTHORITY OF THE REAL PROPERTY DESCRIBED AS FOLLOWS, SEMINOLE COUNTY PARCEL NOS. 36-20- 30-502-0000-0070; 36-20-30-502-0000-0080; 36-20-30-502-0000-0090; 26-20-30-5AR-OA00-008F, DO HEREBY AUTHORIZE TO ACT AS MY/OUR AGENT(S) RYAN STAHL OF TUSCAWILLA PROPERTY INVESTORS, LLC, TO EXECUTE ANY APPLICATIONS, PETITIONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE APPLICATION APPROVAL REQUESTED AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS, CITY OF WINTER SPRINGS SITE DEVELOPMENT PERMIT; SEMINOLE COUNTY RIGHT-OF-WAY PERMIT; SJRWMD ERP; FDEP DRINKING WATER & DOMESTIC WASTEWATER PERMITTING; FDEP NPDES PERMITTING; FDOT DRAINAGE, DRIVEWAY, AND UTILITY CONNECTION PERMIT, AND TO APPEAR ON MY/OUR BEHALF BEFORE ANY ADMINISTRATIVE OR LEGISLATIVE BODY IN THE COUNTY CONSIDERING THIS APPLICATION AND TO ACT IN ALL RESPECTS AS OUR AGENT IN MATTERS PERTAINING TO THE APPLICATION. NOTWITHSTANDING THE FORGOING, THE AGENT DOES NOT HAVE THE AUTHORITY TO EXECUTE ANY FINAL DOCUMENTS OR DEVELOPMENT ORDERS BINDING THE PROPERTY OR OWNER. Date: Signature of Property Owner Anna Ondick Print Name Property Owner STATE OF FLORIDA COUNTY OF I I certify that the foregoing instrument was acknowledged before me this day of 2020 by She is personally know to me or has produced as I entification and did / did not take an oath. Witness my hand and official seal in the county and state s d above on the day of in the year Signature of Notary Public Notary Public for the State of Florida Notary Public state of Florida Karen DJones M Commission Expires: My Commission GG 091903 y p �OFExpires 05/3012021 Kimley >> Horn January 21, 2021 Ms. Marla Molina, Senior City Planner City of Winter Springs Community Development Department 1126 State Road 434 Winter Springs, Florida 32708 Subject: Waiver Application Justification Winter Springs Marketplace Site Plan Case No.:SP2020-0018 Please find attached plans and additional supporting documents for the waiver request from the City of Winter Springs Code Sections listed below. 1) Section 16-51—Definitions a) A waiver from Winter Springs City Code Sec 16-51, to allow the copy area of wall signs to be measured as one(1)rectangle per row of text or symbols up to a maximum of three(3) rectangles,in lieu of the whole wall sign being measured as one(1)single rectangle. 2) Section 16-80—Limitations on Certain on-premises signs including attached to buildings a) A waiver from Winter Springs City Code Sec. 16-80 to allow a maximum copy area of seventy-two (72)square feet per sign face for the two (2)multi-tenant "shopping center" ground signs indicated on the signage site plan in lieu of thirty-two(32)square feet. 3) Section 20-325—Transect Standards— Lot Design Guidelines Table a) A waiver is requested from Winter Springs City Code Sec. 20-325 to allow a minimum 15% frontage buildout at the front setback as required under the T5 transect in lieu of the 20% minimum specified. b) A waiver is requested from Winter Springs City Code Sec.20-325 to allow a maximum 67.75- ft front setback in lieu of the 50 ft max setback specified. 4) Section 20-324.6—General Provisions—Drive-throughs a) A waiver is requested from Winter Springs City Code Sec. 20-324.(6) to allow the drive- through service windows for Buildings B and C at the side of the buildings in lieu of in the rear or alley of the buildings. 5) Section 20-327.1—Signs a) A waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall signs to have a maximum copy height of twelve(12)feet in lieu of three(3)feet. b) A waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall signs to have a maximum letter height of forty-two(42)inches in lieu of eighteen(18)inches. 189 S.Orange Avenue,Suite 1000,Orlando, FIL 32801 60 Kimley >> Horn 6) Section 20-327.1.(a)—General Requirements a) A waiver as provided for in Winter Springs City Code Sec. 20-327.1.(a)to allow monument- style ground signs on properties located along SR-434 within the Town Center, which includes this property. Four(4)such signs are proposed. Please see the signage site plan for the location of these proposed signs. b) A waiver from Winter Springs City Code Sec. 20-327.1(a) to allow monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated. 7) Section 20-327.1.(b)—Finish Materials a) A waiver from Winter Springs City Code Sec. 20-327.1(b) to allow the use of plastic finishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint. 8) Section 20-327.1.(d)(9)—Sign Standards: Specific to Sidewalk Signs (Menu Board Signs) a) A waiver from Winter Springs City Code Sec. 20-327.1(d)(9)a to allow menu boards to be permanent when installed on private property in lieu of temporary. 9) Section 20-605—Streetscape Requirements (Per Ordinance 2020-02) a) A waiver is requested from Winter Springs City Code Sec. 20-605 (Ordinance 2020-02) to allow a 13 ft onsite landscape buffer with canopy trees, a meandering 6-ft offsite sidewalk, and interspersed understory trees between back of sidewalk and front of sidewalk within the R/W. The requested streetscape buffer modification will provide the 27 ft buffer as required by code. This request will be in lieu of the required 5-ft landscape area adjacent to the R.O.W.,followed by a 6-ft sidewalk,and a 16 ft landscape and treescape area(total 27- ft). The following is an itemized discussion to each of the twelve (12) waiver justification questions included with this request package. 1. Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development? 1a)A waiver from Winter Springs City Code Sec 16-51, to allow the copy area of wall signs to be measured as one(1)rectangle per row of text or symbols up to a maximum of three(3) rectangles,in lieu of the whole wall sign being measured as one(1)single rectangle is requested.When wall signs have significant blank space between lines of text,this blank space does not contribute to visual clutter and therefore should not count against copy area.The requirement for using a single shape creates a bias in favor of signage design that is boxy and densely fills the allotted shape.Signage designs that make significant use of blank space are effectively forced to reduce their copy area because blank space that is not part of the copy is nonetheless counted against the copy area limit. Providing some flexibility in the copy area calculation method will curb the effect of this bias,allowing a more accurate representation of the actual copy area being used by a given design.The limit of three rectangles will prevent this additional flexibility from being abused. 189 S.Orange Avenue,Suite 1000,Orlando, FIL 32801 61 Kimley >> Horn 2a) A waiver allowing a maximum copy area of seventy-two (72)square feet per sign face for the two(2)multi-tenant"shopping center"ground signs identified on the signage site plan, in lieu of thirty-two (32)square feet is requested. The two (2)multi-tenant signs that will make use of this waiver are serving the anchor tenants at the rear of the development, meaning that their building-mounted signage has correspondingly lower visibility (and hence less visual clutter)when viewed from the street. The requested increase in copy area provides these tenants with necessary street visibility while maintaining a pleasant streetscape as shown in the street-view renderings included with this package. This property is at the intersection of two major roads:SR 434 and Tuskawilla, which are respectively six(6) lanes wide and five (5) lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide,fast, car-oriented roads will be necessary to sustain the businesses in this development. 3a) The waiver allowing a minimum 15%frontage buildout in lieu of the 20% requirement is required in order to maintain proper site circulation. Given the drive-thru associated with the QSR use for Buildings B and C additional vehicular access is needed around these to provide adequate circulation and limit stacking at ingress and egress points. In addition, each parcel is required by City criteria to stand on its own per development. Parking areas line the vehicular access routes as another feature allowing each lot to stand on its own. 3b) The waiver allowing a maximum 67.75 ft front building setback in lieu of the 50 ft setback is requested in order to better accommodate the streetscape requirements detailed within Section 20-605 of the City's Code. The applicant has provided an enhanced onsite landscape buffer along SR 434 to meet the canopy tree streetscape requirements. The canopy trees that would otherwise be adjacent to the SR 434 roadway have been located on site in order to avoid overhead and underground utilities. The right-turn lane in front of the site limit the amount of room available for the canopy trees immediately adjacent to SR 434. The applicant has made additional efforts to bring the buildings as close to the 50 ft maximum as possible. The drive aisle along the front of Buildings A & 8 has a 22 ft width and the associated front parking spaces have 18 ft lengths. These changes in addition to the 12 ft right-turn lane streetscape encroachment along the 434 frontage bring the total requested variance from code to nearly 10%. 4a) The waiver allowing drive-thru service windows on the side of Buildings a and C in lieu of the rear or alley of the building is required due to the area limitations in the vicinity of these buildings. Rotating these buildings to locate the drive-throughs at the rear would impact the amount of parking the parcel would be able to provide.If the buildings are rotated with rear drive-throughs, the buildable area in the Future Development parcel area would be negatively impacted in order to achieve sufficient parking for Buildings B and C. 189 S.Orange Avenue,Suite 1000,Orlando, FL 32801 62 Kimley >> Horn 5a) A waiver requesting to allow wall signs to have a maximum copy height of twelve(12)feet in lieu of three(3)feet is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec. 16-80 and 20-327.1. The increase in copy height is requested based on this property's situation at the intersection of two wide, fast, car-oriented roads, and the car-oriented development pattern that such roads necessitate. This means the buildings will be placed at a greater distance from the road than the original sign height limits account for and will therefore need to be taller to remain legible at a distance.But to reiterate, while the height of the signs is increasing, the total allowable copy area is not. 5b) A waiver requesting to allow wall signs to have a maximum letter height of forty-two(42) inches in lieu of eighteen (18) inches is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec. 16-80 and 20-327.1. The increase in letter height is requested based on this property's situation at the intersection of two wide,fast,car-oriented roads,and the car-oriented development pattern that such roads necessitate. This means the buildings will be placed at a greater distance from the road than the original letter height limits account for and will therefore need to be taller to remain legible at a distance.But to reiterate,while the height of the letters is increasing, the total allowable copy area is not. 6a) The waiver allowing monument-style ground signs along SR-434 within the Town Center is required as a result of location. This property is at the intersection of two major roads:SR 434 and Tuskawilla, which are respectively six(6)lanes wide and five (5)lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide, fast,car-oriented roads will be necessary to sustain the businesses in this development. Monument-style ground signs are the norm for this type of development, including at comparable properties just down the street, within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. Given this, and the fact that the property in question is near the edge of the Town Center district, we believe that allowing these monument-style signs is both fair and will not harm the city's intent within the Town Center. The proposed signs include: • One (1) short multi-tenant ground sign on the SR434 frontage serving the nearby outparcel buildings. • One(1)single-tenant ground sign,for the remaining proposed outparcel building. • Two(2)multi-tenant ground signs serving the rear tenants, which equates to one(1)for each right-of-way frontage. The total right-of-way frontage is longer than five hundred (500)feet on a major road. 189 S.Orange Avenue,Suite 1000,Orlando, FIL 32801 63 Kimley >> Horn 6b) A waiver allowing monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated is requested. The prohibition on internally lit backgrounds for wall signs will remain intact. This waiver only allows backgrounds to be internally illuminated on monument signs. Internally illuminated backgrounds are the norm for commercial monument signs, and are already common along both SR434 and Tuskawilla, including on comparable properties just down the street within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. The use of internally illuminated backgrounds is appropriate to the scale and speed of these adjacent major roads, which is also the circumstance that justifies the presence of monument signs. If the city chooses to acknowledge such circumstances are present by granting the Section 20-327.1(a)waiver request to permit monument signs on this property, it is reasonable that the city would also permit the use of design and construction techniques common to monument signs. 7a) A waiver allowing the use of plastic finishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint is requested. The Town Center code allows for individually cut letters to be internally illuminated,so in practice some allowance for the use of plastics is already made. Translucent plastic is a necessary component of internally illuminated signs; therefore, this waiver would be necessary for the practical exercise of the waivers allowing internal illumination of monument signs and permanent menu boards. 8a) A waiver allowing menu boards to be permanent when installed on private property in lieu of temporary is requested. The existing design standards for menu boards do not account for drive thru restaurants. If the proposed drive-thru use is approved for this property, then a permanent menu board serving the drive thru will be required. This waiver only applies to menu boards installed on private property. No permanent signs will be installed on sidewalks or public property. The proposed menu board is facing away from the public right- of-way and will be sized consistent with industry-standard drive-thru menu boards,such as that already in use by Starbucks and McDonalds across the street from this development. The proposed menu board will be constructed to the same weather-resistance and wind- loading standards as any other permanent exterior sign per applicable building codes. 9a) The waiver allowing modification to the S.R. 434 & Tuskawilla streetscape configuration and plant species is required due to conflicts with existing utilities, sidewalks, and a right turn lane within the R.O.W. Existing underground and overhead utilities within the R.O.W. currently limit the planting of trees in the configuration required by code. City Code requires a 27 ft streetscape buffer from R.O.W.'s edge of pavement.Under normal circumstances there is adequate space from the edge of the roadway to proposed development to provide for the streetscape buffer as shown in Ordinance 2020-02. The Winter Springs Marketplace property has an existing right-turn lane along the majority of 189 S.Orange Avenue,Suite 1000,Orlando, FIL 32801 64 Kimley >> Horn the SR-434 boundary which removes 12 ft of space the site is able to utilize for the streetscape buffer.Approximately 17 ft is provided between the property line and the edge of pavement within the right turn lane. There is existing water main, overhead electric,gas, and underground electric within this distance. An existing 5-ft sidewalk runs along the SR- 434 and Tuskawilla Road site boundaries. In an effort to work with City Staff, the applicant has agreed to place canopy trees within the limits of the onsite landscape buffer. Understory trees will be interspersed among the proposed onsite canopy trees. The existing sidewalk within the R/W will be upgraded to a 6-ft sidewalk in areas adjacent to proposed development. In the R/W, understory trees will be placed between back of curb and front of sidewalk. The proposed configuration will provide the 6-ft sidewalk required by code and allow for canopy trees within the streetscape buffer. Placing the canopy trees onsite rather than in the R/W will help prevent conflicts with the overhead utilities once the trees reach maturity. The addition of the understory trees within the R/W will help enhance the streetscape buffer for pedestrians and vehicular traffic. Existing utilities within the R/W will be adjusted to follow the routing of the new 6-ft sidewalk. Although this layout will be different than the streetscape layout it will still meet the intent of the streetscape requirements. 2. Demonstrate that the proposed development plan is in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? With the exception of the waivers detailed above, the proposed project meets the remaining requirements set forth in Section 20 of the City of Winter Springs Code. The site design previously underwent a full review in which the site design was further fine-tuned to incorporate all the changes requested by Staff to meet City Code. 3. Will the proposed development plan significantly enhance the real property? The majority of the property is currently undeveloped and vegetated with upland wooded areas. The eastern corner of the site is an old abandoned Pinch-A-Penny location. Proposed development will enhance the property by providing a developed and landscaped cohesive look that complements the surrounding retail and residential areas. 4. Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? The proposed development hopes to serve the Winter Springs public health and welfare by bringing a fitness club tenant and a dentist tenant under contract. Development of the property will serve Winter Springs safety by replacing the abandoned Pinch-A-Penny and overgrown undeveloped lot with clean, well lit, and secure facilities available for public access. The onsite drainage system also benefits public health and welfare with the increased water quality and nutrient removal benefits it provides to waters leaving the site. The increased commercial tax base provided as a result of this project will reduce the burden on City of Winter Springs residents. MEM IMM 189 S.Orange Avenue,Suite 1000,Orlando, FIL 32801 65 Kimley >> Horn 5. Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? The waiver will not diminish the property values and seeks to maintain the essential character of the surrounding neighborhood. 6. Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under Chapter 20—Zoning? The requested waiver is the minimum waiver that will eliminate the unreasonable conditions caused by the sections of code detailed above in the introduction of this letter. 7. Is the proposed development plan compatible and harmonious with the surrounding neighborhood? The proposed development plan is compatible and harmonious with the surrounding neighborhood. The development will complement the surrounding similar QSR, grocery,fitness club, and medical uses. Roberts Family Lane and Natures Way neighbors were involved early- on to address concerns with the proposed development. The site buffers along the residential areas incorporate input from meetings with the neighbors in further efforts to provide a site that is harmonious with the surrounding neighborhood. If you have any further questions, please do not hesitate to contact our office or email me at ionathan.martin(cD-kimley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jonathan A. Martin Principal K10RL_Civil�149170016-winter Springs Marketplace�AGEN CV PERMITS�WinterSprings�APPLICATIONS�Waiver Aplication12021-01-21-Waiver Letter-Eleven18 Edit.docx • • 189 S.Orange Avenue,Suite 1000,Orlando, FL 32801 �1 66 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT • • 1126 East State Road 434 Winter Springs,Florida 32708 customerservicer..wintersjiriii-sfl.or 5,9 Application —Site Plan Review/Subdivision The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant. The application shall be reviewed per Florida Statue 4.19.00.1. The sufficiency review shall be completed within thirty(30) calendar days per FL Statue 166.033. By submitting this application, you hereby grant temporary right of entry for City officials to enter upon the subject property for purposes of evaluating this application. Site Plan Tvpe: Type of Development: Residential Non-Residential Plan Sales Trailer Preliminary Review Final Review x Combined Preliminary/Final Resubmittal Recorded Plat Project Name: Winter Springs Marketplace Date:06/29/2020 Applicant/AL,ent Information: Applicant(s): Tuscawilla Property Investors, LLC Mailing Address: 630 South Maitland Avenue, Suite 100, Maitland FL 32751 Email: RStahl@Equinox-Development.com Phone Number: (407) 628-0077 Person Who Will Upload Plans* (First,Last): Jonathan Martin Email: jonathan.martin@kimley-horn.eom Phone#: (407) 427-1686 Property Owner(s) Name (If Applicant is not the Property Owner): Name: Anna Ondick as Trustee of the Robbie R. Ondick Irrevocable Trust dated October 7, 1991 Emai l: Phone#: Mailing Address: 989 Greentree Dr, Winter Park, FL 32789 Phone Number: Site Information: Project Address: State Road 434, Winter Springs, FL 32708 Parcel ID(s): 36-20-30-502-0000-0070;36-20-30-502-0000-0080; 36-20-30-502-0000-0090;26-20-30-5AR-OA00-008F Parcel Size: 10.23 AC. Existing use: Vacant and Commercial Proposed Use: Commercial Zoning District: Town Center District Future Land Use: Town Center District 2020/02 Page 1 of 67 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT • 1126 East State Road 434 Winter Springs,Florida 32708 customerservicerciwinters;,rin<rstl,oi-,, 959 Application—Site Plan Review/Subdivision m, Is the property located in the Town Center. District? X Yes No Is the property within the S.R. 434 Corridor Overla\ .District? X Yes No Is the property located in the Greenewav Interchange Zoning District? Yes X No The Planning and Zoning Board/Local Planning Agency shall review Site Plan Applications and make a written recommendation to the City Commission. The City Commission shall render all final decisions regarding Preliminary and Final Engineering Plans and may impose reasonable conditions on any approved plans to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based upon the applicable criteria as set forth in the City's Code of Ordinances Chapter 9, Land Development and Chapter 20, Zoning. Applicants are advised,that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings,they will need a record of the proceedings and, for such purposes, they will need to ensure that a verbatim record of the proceedings is made,at their cost,which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Application Fees: Fees are shown below plus actual costs incurred for advertising or notification, and reimbursement for technical, and/or professional services which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City Consultant), payable prior to approval of the pertinent stage of development. Residential Site Plan Review Preliminary Site Plan(includes two reviews) $1,200 +$5/lot Final Site Plan (includes two reviews) $1,000+ $10/lot I Combined Preliminary/Final (includes four reviews) $2,200+ $15/lot Non-Residential Site Plan Review Prelimina Site Plan (includes two reviews) $3,000+ $5/lot Final Site Plan includes two reviews) $2,500+ $10/lot Combined Preliminary/Final (includes four reviews) $5,500 + $15/lot Sales Trailer Plan $200 Recorded Plat+actual cost $500 Resubmittal (each review) $500 Total Due $5590.00 2020/02 Page 2 of 3 68 t CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT • 1126 East State Road 434 Winter Springs,Florida 32708 customerservice q�,winterspringsfl.or�> 1459 Application—Site Plan Review/Subdivision THIS APPLICATION MUST BE SIGNED IN THE PRESENCE OF A NOTARY This is to certify that I am the owner in simple fee of the subject property as described in this application for Site Plan Review. Property Owner(s) Name (Print): Property Owner Signature: _Date: Property Owner(s)Name (Print): Property Owner Signature: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission Expires: Note: If the applicant is not the property owner the Property Owner shall sign and have their signature notarized below,authorizing the applicant and/or agent permission to submit the Site Plan Review application. Property Owner's Name (Print): Anna Ondick as Trustee of the Robbie R.Ondick Irrevocable Trust dated October 7, 1991 Property Owner Signature: r�� Date1 STATE OFPUTi d,,,— COUNTY OF 1 s7o C- The fore oing instrument was acknowledged before me this � '�f day of c.t l , 20 by nig. l�z who is ersonally known to me or 1who has produced as identification v_fi_o_d_idT5Fnot take an oath. te: � -Ad�A d (seal): Notary Public Signature: LL. My Commission Expires: ET, : Notary Public Stele of Florida 2020!02 Karen D Jones Page 3 of 3 My Commission GG 091903 Expires 0513012021 69 AGENT AUTHORIZATION FORM FOR THE Winter Springs Marketplace PROJECT LOCATED AT SR 434 and Tuskawilla Rd in Winter Springs, FL 32708: I, ANNA ONDICK, AS TRUSTEE OF THE ROBBIE R. ONDICK IRREVOCABLE TRUST DATED OCTOBER 7, 1991, THE OWNER AND/OR LEGAL AUTHORITY OF THE REAL PROPERTY DESCRIBED AS FOLLOWS, SEMINOLE COUNTY PARCEL NOS. 36-20- 30-502-0000-0070; 36-20-30-502-0000-0080; 36-20-30-502-0000-0090; 26-20-30-5AR-OA00-008F, DO HEREBY AUTHORIZE TO ACT AS MY/OUR AGENT(S) RYAN STAHL OF TUSCAWILLA PROPERTY INVESTORS, LLC, TO EXECUTE ANY APPLICATIONS, PETITIONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE APPLICATION APPROVAL REQUESTED AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS, CITY OF WINTER SPRINGS SITE DEVELOPMENT PERMIT; SEMINOLE COUNTY RIGHT-OF-WAY PERMIT; SJRWMD ERP; FDEP DRINKING WATER & DOMESTIC WASTEWATER PERMITTING; FDEP NPDES PERMITTING; FDOT DRAINAGE DRIVEWAY, AND UTILITY CONNECTION PERMIT, AND TO APPEAR ON MY/OUR BEHALF BEFORE ANY ADMINISTRATIVE OR LEGISLATIVE BODY IN THE COUNTY CONSIDERING THIS APPLICATION AND TO ACT IN ALL RESPECTS AS OUR AGENT IN MATTERS PERTAINING TO THE APPLICATION. NOTWITHSTANDING THE FORGOING, THE AGENT DOES NOT HAVE THE AUTHORITY TO EXECUTE ANY FINAL DOCUMENTS OR DEVELOPMENT ORDERS BINDING THE PROPERTY OR OWNER. Date: Signature of Property Owner Anna Ondick Print Name Property Owner STATE OF FLORIDA COUNTY OF'p I certify that the foregoing instrument was acknowledged before me this day of ,�ct 2020 by _4: jI& L`ytt/L_/< She is personally know to me or has produced as I entification and did / did not take an oath. Witness my hand and official seal in the county and state s fed above on the day of in the year Signature of Notary Pu@ic Notary Public for the State of Florida ,ppyy P4 4Notary Public State of Florida Karen DJones My Commission Expires: My Commission GG 091903 Of a Expires 05/30/2021 70