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HomeMy WebLinkAbout2021 09 13 Public Hearing 403 - Chase Bank Aesthetic Plan Review, One Waiver, Final Engineering Review, and Development Agreement • PUBLIC HEARINGS AGENDA ITEM 403 ,n m=ared CITY COMMISSION AGENDA I SEPTEMBER 13, 2021 REGULAR MEETING 1959 TITLE Chase Bank - Aesthetic Plan Review, one Waiver, Final Engineering Review, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review, one Waiver, Final Engineering Plans, and Development Agreement in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. RECOMMENDATION Staff recommends that the City Commission recommend approval with conditions of the Aesthetic Plan Review, one Waiver, Final Engineering Plans, Development Agreement, and adopt the findings of the Staff Report in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. 1 . Project approval is conditioned upon the execution of the Development Agreement and the terms and conditions contained therein. 2. The Developer shall include and install decorative street and traffic signs and light poles pursuant to Sec. 20-325(d) of the Town Center District Code acceptable to the City's Community Development Director. 3. The trees proposed to be planted in the public right-of-way by the Developer shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at the Developer's expense. If the City determines, after reasonable inspection, that any tree has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, 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 144 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 any time thereafter. 145 PUBLIC HEARINGS AGENDA ITEM CITY COMMISSION momo�«a 1959 MONDAY, SEPTEMBER 13, 2021 1 REGULAR MEETING TITLE Chase Bank - Aesthetic Plan Review, one Waiver, Final Engineering Review, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review, one Waiver, Final Engineering Plans, and Development Agreement in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. InformationGeneral Applicant Kimley-Horn and Associates I Dawn M. Dodge, P.E. Property Owner(s) JPMorgan Chase Bank, National Association Location E. State Road 434 Winter Springs, FL 32708 Tract Size ±0.70 Acres Parcel ID Number 06-21-31-507-0000-0010 Zoning Town Center District (T-C) I T5 Transect I Urban Center Zone Designation FLUM Designation Town Center District Adjacent Land Use North: Town Center District South: Town Center District East: Town Center District West: Town Center District Principle building Front/principle Pear: 15 ft. Side: 5 ft. Frontage setbacks (from plane: 25 ft. (from rear min, 100 buildout: 20% property line) min. - 50 ft. max property ft. max. min. (at front (from front line) (from side setback) property line) property line) Development Lot Width: 18 ft. Lot Depth: Lot 2 stories Standards min., 180 ft. max. 30 ft. min., Coverage: minimum 160 ft. max. 100% 3 stories max. maximum Development Not applicable I Vacant Permits Development Development Agreement July 31, 2020 (Conditional Use) Agreement Development Agreement Pending (Final Engineering) 146 Code Enforcement Not applicable City Liens Not applicable Background Data: The subject property is a lot of record located at the NW corner of E. State Road 434 and Sea Hawk Cove, Winter Springs, FL 32708. The applicant is proposing a financial institution (Chase Bank) with a drive-through within the Town Center District. On November 16, 2020 the City Commission approved a Conditional Use Permit for a ±3,470 square foot (SF) building, to allow the use of a financial institution (bank) with a drive-through. The Community Development Department received an application from Kimley- Horn to construct a ±3,337 SF Chase Bank with a drive-through. The applicant has since reduced the square footage by ±113 SF. Public Notices: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (S00) of the subject property and all Homeowner's Associations on file with the City Winter Springs (120 notices). A Community Workshop was held on June 16, 2021 and a Community Workshop flyer was mailed on May 2S, 2021 (120 flyers). The flyer was mailed to all owners of real property adjacent to and within approximately five-hundred feet (S00) of the subject property and all Homeowner's Associations on file with the City Winter Springs. There were approximately 10 persons in attendance and several questions asked related to the project, but there were no objections raised at the Community Workshop regarding the proposed development. 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 apply to applications for 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 engineer,concluding that the Plans satisfythetechnical 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 PUBLIC HEAPINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 2 OF 17 147 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. Analysis: The applicant has demonstrated the proposed use does not affect density, as the proposed use is a commercial building. The proposed building will include a faux second two-story, meet setback requirements, and include buffers and is consistent with adjacent uses. The proposed use will not cause added noise, refuse, odor, particulates, smoke, fumes and other emissions, as the proposed use is a bank. The applicant has demonstrated that the parking and traffic-generating characteristics of the proposed use will not adversely impact the site and surrounding area. Seminole County Public Works Department/Engineering Division reviewed the Traffic Impact Analysis and stated that the development does not appear to impact County roadways. The proposed development will be designed to implement the goals and policies of the Comprehensive Plan as they relate to the Town Center District, and to continue a harmonious land use pattern with existing development. The development is consistent with existing development and recently approved developments within the Town Center District. The proposed height, scale, and intensity of the proposed development is consistent with the adjacent Wendy's and similar surrounding uses previously approved within the Winter Springs Town Center. The proposed project does not affect density, as the proposed use is a commercial building. In addition, the proposed daily hours of operation are consistent with surrounding uses. The project proposes a ±3,357 SF Chase Bank. The proposed hours AGENDAPUBLIC HEAPINGS ITEM I MONDAY, • OF 148 of operation are as follows: Monday- Friday 9:00 a.m. to 5:00 p.m.; Saturday 9:00 a.m. to 2:00 p.m. an ATM, will be available 24 hours a day. (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 intensity of 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 to the site from SR 434. Access to the site will be provided via one (1) full access driveway off SR 434 and two (2) full access internal driveways along Sea Hawk Cove. On-site improvements which include landscape screening for dumpster areas, bicycle parking, lighting, and internal pedestrian walkways utilizing alternative pavement. As discussed further below, there is adequate off-street parking for the proposed bank. The applicant is requesting one waiver from Winter Springs City Code Sec. 20-605(b) and (d), which requires a total 27 feet of streetscape area consisting of three component parts: (1) S-foot landscape area; (ii) 6-foot sidewalk; and (iii) 16-foot landscape and treescape area for planting canopy trees which will line the right-of- way. The waiver is to instead allow (i) 8-foot landscape and treescape area; (ii) a 6-foot sidewalk; and (iii) an 8-foot 3 inches landscape and treescape area adjacent to the right-of-way for a total of a 22-foot 3 inches area in lieu of 27-foot. Further analysis of each waiver request is listed below in the Waiver Section. (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 commercial development was permitted a conditional use to allow a bank within the Town Center and the SR 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 generating tax revenue. Development of the subject property as a bank is anticipated to provide an increase to the City's taxable value, as well as provide a catalyst for future commercial development in the surrounding area. (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 HEAPINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 4 OF 17 149 Analysis: The subject site is currently vacant and is currently graded and ready to be developed.As a result, the proposed development will not 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. The total gross area for the site is 0.70 acres and the proposed impervious area is 0.48 acres (68.5%). The maximum impervious allowable to connect into the master stormwater system is 80%,therefore the site is providing less than the allowable impervious cover. A noise study is not required. 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. Noise levels are not anticipated to exceed the allowable noise decibels for this retail use. Based on Flood Insurance Rate Map (FIRM) No. 12117CO160F Community No. 120293, City of Winter Springs, Seminole County, Florida, the proposed development site lies within a Zone X (Other Areas). Zone X is for "areas determined to be outside the 0.2% annual chance floodplain. (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. Analysis: The proposed development will be designed in accordance with the Town Center District Code, which will include the following public services; water, sewer, stormwater and surface water management, police, fire (Seminole County Fire Department). Water and sewer are available on-site and there is sufficient capacityto accommodate the proposed development and stormwater served by a master stormwater pond. Further analysis below. The proposed development is consistent with established retail/commercial developments and will not have an adverse impact on existing public services. A bicycle rack, including six (6) bicycle spaces will be placed on site, as well as sidewalks for adequate pedestrian circulation. (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 flowthrough immediate intersections and arterials. PUBLIC HEARINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 5 OF 17 150 Analysis: See approved Traffic Impact Analysis 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 use is retail. (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 parking, limited hours of operation, lighting, and refuse collection, and minimal deliveries within the proposed development that are in place which will assist in limiting any perceived adverse effects. (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:A security plan was provided showing that security systems will be installed. The lighting plan provided illustrates that the parking lot and building 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 deliverytrucks to come into and exit the property and surrounding neighborhood, if applicable. Analysis: Not applicable for the proposed use. Proposed building is 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 applicant has provided a Traffic Impact Analysis that states a sufficient Level of Service is maintained.The proposed site will utilize the previously stubbed out PUBLIC HEARINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 6 OF 17 151 internal access road for this site's use as contemplated within the overall master design of the surrounding uses. The proposed site circulation will use internal access roads, therefore it will not heavily impact local traffic patterns. 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. Sufficient parking has been proposed for this use based on typical jurisdictional requirements. (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. Water and Sewer: Water service is available from the City's 12-inch water main northeast along the Michael Blake Boulevard right-of-way (ROW) via the 10-inch water main in the utility easement southwest along Sea Hawk Cove extending to the northwest edge and shall include a fire hydrant near end of pipeline. All utilities located outside public POWs and easements within the Chase Bank boundary shall be privately owned and maintained. The Developer will be dedicating the water pipelines and meter within the easement to the City as part of the project close out process. The development is connecting to the City's wastewater collection system via the 8-inch sanitary sewer line from the utility easement southwest along Sea Hawk Cove to the 12-inch force main northwest along the Michael Blake Boulevard ROW. The sanitary sewer collection system internal to the development will be owned and maintained by the Developer and/or Chase Bank. The development will be provided reclaimed (reuse) water for irrigation purposes from a connection to the City's 4-inch reclaim system within the East SR 434 ROW. During the Chase Bank CUP application, approved by the City Commission on November 16,2020,the City previously approved an allocation of 1,681 gallons a day. During the City potable water allocation determination, done by the City at the beginning of 2021, the Chase Bank allocation was included and the City will honor that commitment. The City requires that Chase Bank connect its irrigation to the 4" reuse line in the median of SR 434. Stormwater. This project development site is located on Lot 1 within Winter Springs Town Center District. The Winter Springs Town Center Phase II Stormwater Report prepared by Lochrane Engineering, Inc. shows that the Stormwater quality and quantity for the proposed Chase Bank project is provided by the master drainage system. The master Stormwater management system for this site was permitted under SJPWMD Permit No. 93027-2, which allowed the construction of a ±38-acre mixed-use development and was designed to provide treatment and attenuation for ±30 acres of impervious area for the entire development. This project consists of the construction of a ±3,337 PUBLIC HEAPINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 7 OF 17 152 SF commercial building and associated sidewalks, parking lot and utility infrastructure. The stormwater runoff will be conveyed to the master stormwater system which accounts for a maximum allowable impervious area of 80%. Lot 1 is a total of 0.71 acres and proposes 0.48 acres of impervious area and 0.23 acres of pervious area. Therefore the proposed impervious area of 0.48 acres is 0.09 acres less than the maximum allowable of 0.57 acres. The proposed development will be designed in accordance with the Town Center District Code, which will include the following public financial institution services (i.e. banking, savings, loan, etc.); water, sewer,stormwater management and surface water drainage systems, police,fire and rescue (Seminole County Fire Department).The proposed development is consistent with established retail developments and will not have an adverse impact on existing public services. Transportation: The proposed development will change the existing drive lane configurations for the adjacent properties and connect proposed traffic circulation to existing drive lanes. An evaluation of traffic has indicated that there will be a minimal to no impact and the conceptual plan details safe and efficient means of ingress and egress for the proposed development. The applicant's proposal includes a Traffic Impact Analysis that indicates the operation at a satisfactory Level of Service. The anticipated trip generation for the financial institution (bank) use proposes 347 new net daily trips, of which 33 will occur in the A.M. peak hour and 71 will occur in the P.M. peak hour. The trip generation calculation for Chase Bank was previously addressed in Traffic Impact Analysis with the overall platting of Ocean Bleu retail shops, Starbucks, and Wendy's Fast Food. The proposed development is projected to generate 2,422 new net daily trips, of which 279 will occur in the A.M. peak hour and 186 will occur in the P.M. peak hour. 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 traffic study and a parking study which was prepared by the applicant based from the 10th Edition Institute of Transportation Engineers (ITE) Parking Generation Manual. For comparison purposes, Section 9-277 of the City's LDC defines off-street parking requirements for specific land uses. The following minimum parking ratios for the proposed land use is defined in the Code: • General Business: One (1) parking space for each three hundred (300) SF of floor space in the building exclusive of storage space. A total parking supply includes nineteen (19) parking spaces and three (3) handicapped parking spaces at a parking ratio of 3.47 spaces per one-thousand SF to serve the proposed bank's parking demand. Adequate parking is proposed for this use based on typical jurisdictional requirements, the development provides a total of twenty-two (22) parking spaces. AGENDAPUBLIC HEAPINGS ITEM I MONDAY, 153 The applicant has provided preliminary designs to show traffic impact and site circulation.The applicant has provided a Traffic Impact Analysis that states a sufficient Level of Service is maintained.The proposed site will utilize the previously stubbed out internal access road for this site's use as contemplated within the overall master design of the surrounding uses. The proposed site circulation will use internal access roads, therefore it will not heavily impact local traffic patterns. 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 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 ._ view 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. Analysis: The proposed building contributes to the existing architectural ecosystem of development by conforming to the systemic properties existing and planned. Design features including metal awnings extend the rhythm of the project development. The exterior color palette is in harmony with the Starbucks and the Wendy's on the northsside of SR 434which will safeguard the surrounding area and the cultural ecosystem of the community. Overall, the architectural intent of the development Chase Bank includes architecture that is complementary to the styles of architecture in the Town Center. The site was developed to encourage pedestrian use and the proposed development will provide an interconnected system of sidewalks with the larger system of pedestrian itinerary in mind. 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. PUBLIC HEARINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 9 OF 17 154 Analysis: The plans are harmonious with the color scheme, materials, and character of the Winter Springs Marketplace, which will be developed south of SIR 434. 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, hardscape improvements, and height or design elements. Analysis: The architectural design intent is to contribute and enhance the architectural aesthetic design within the area. It contributes to the progressive attributes planned and existing within the City of Winter Springs. Architectural elements along with the project's materials and composition enhances and expands the reach of these design features.The proposed design shares the appropriate scale and design intent of the Town Center (Winter Springs Marketplace, Wendy's, and Starbucks). 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. 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. 5. 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 development is designed to contribute to the quality architectural styles that are typical with recently approved developments within the Town Center. Chase Bank includes a faux second story with second story display windows. The exterior provides series of straight lines which continues the existing rhythm across the fagade of the building. PUBLIC HEAPINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE OF 17 155 Significant design features include architectural design elements include; architectural brick, wood-look exterior wall panels, and warm-neutral paint colors similar to the adjacent Wendy's and Starbucks. Waiver Requirement Section 20-34. -Waivers. • Any real property owner may file 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 show the 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 complywith the following criteria: Waiver -ria set forth in Subsection • 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 PUBLIC HEAPINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 11 OF 17 156 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 one waiver request listed below: Waivers ■-. - 1. The applicant requests a Waiver from Winter Springs City Code Sec. 20- 60S(b) and (d), from Winter Springs City Code Sec. 20-60S(b) and (d), which requires a total 27 feet of streetscape area consisting of three component parts: (1) S-foot landscape area; (ii) 6-foot sidewalk; and (iii) 16-foot landscape and treescape area for planting canopytrees which will line the right-of-way. The waiver is to instead allow (i) 8-foot landscape and treescape area; (ii) a 6- foot sidewalk; and (iii) an 8-foot 3 inches landscape and treescape area adjacent to the right-of-way for a total of a 22-foot 3 inches area in lieu of 27- foot. Justification: The Applicant is requesting a waiver in order to provide a frontage along State Road 434 continuous with the adjacent Lot 2 of the development (Wendy's).The Wendy's project provides an 8' landscape and treescape area, a 6' sidewalk, and 8' landscape treescape area. This project proposes 8' of landscape and treescape area, a 6'sidewalk; and 8' landscape and treescape area adjacent to the right-of-way. In addition to providing a continuous frontage,the existing frontage consists of a S'sidewalk abutting a 2' landscape and treescape area along SR 434.This project proposes an increase in sidewalk width from S' to 6' to comply with City Code and align with the recently constructed Wendy's sidewalk. The proposed sidewalk jogs down to tie into the existing pedestrian curb ramp and crosswalk which provides access across the shared driveway between the proposed site and the existing McDonalds.The project does not propose any modifications to this ramp as to minimize impacts to the surrounding properties and utilities abutting the existing curb ramp. City Code: City Code Sec. 20-60S(b) and (d) Transect Standards I Table TS (Urban Center Zone). Staff supports the requested waiver and supplied justification. The waiver request will provide continuous streetscape along the frontage road and interior landscaping between adjacent lots. Similar requests have been approved in the Town Center (Wendy's and Winter Springs Marketplace). AGENDAPUBLIC HEAPINGS ITEM I MONDAY, 157 Waiver Analysis: In evaluation of the one (1) proposed waiver request, the applicant has satisfied the eight (8) specific criteria and supports the one (1) waiver request as listed above. The site is part of an overall master development that has previously been approved by the City which is in substantial compliance with Chapter 20 of the City's Code of Ordinance, Comprehensive Plan, and Land Development Code. The proposed waiver requests are to provide streetscape consistent with the previously approved master site and adjacent Wendy's development. The site is part of an overall master development that was previously permitted thorough the City. The proposed use is consistent with the approved master development, therefore it is compatible and harmonious with its surroundings. Reports: The Final Engineering submittal is required to include the following reports or updates of previously prepared reports for the same property. ■- as July 1994 Easement Agreement July 12, 2018 Phase I Environmental Site Assessment I PM Environmental, Inc. October 30, 2018 Geo Technical Report I Terracon March 2019 Transportation Impact Analysis I Traffic Planning and Design, Inc. May 2019 Declaration of Covenants, Restrictions and Reciprocal Easement Agreement I PEA Recorded June 2019 Purchase and Sale Agreement July 2020 Development Agreement I JP Morgan Chase Bank, N.A. Conditional Use January 27, 2021 Stormwater Narrative I Kimley Horn June 17, 2021 Potable Water Demand I Kimley Horn June 24, 2021 Review Criteria Response Kimley Horn July 2021 Development Agreement JP Morgan Chase Bank, N.A. Final Engineering, Aesthetic Review and Waiver AGENDAPUBLIC HEAPINGS ITEM I MONDAY, • OF 158 ■roced October 10, 2019 Conditional Use Application Submittal I CU2020-0008 February 20, 2020 Community Workshop 1 110 Notices March 13, 2020 Aesthetic Review I AE2020-0007 October 7, 2020 Planning & Zoning Board/Local Planning Agency Cancelled November 4, 2020 Planning & Zoning Board/Local Planning Agency Recommendation of Approval for Conditional Use November 16, 2020 City Commission I Approval for Conditional Use January 28, 2021 Final Engineering Application I SP2021-0003 March 29, 2021 Waiver Application I WA2021-0022 June 16, 2021 Community Workshop 1 120 Notices July 1, 2021 Planning & Zoning Board/Local Planning Agency Cancelled August 5, 2021 Planning & Zoning Board/Local Planning Agency Recommendation of Approval September 13, 2021 City Commission I Pending Applicable Law, Public Polio[, and Events: Florida Statutes 163.2311-163.3246: Growth Policy: County and Municipal PlanninC; Land Development Regulation (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Home Pule Powers City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Ch20, Sec. 20-1. Definitions. Ch20, Sec. 20-33. Conditional Uses. Section 20-34 Waivers Ch20, Sec. 20-601. - Streetscape Requirements. Division S. Sounds Levels by Receiving Land Use Division 12. - Town Center District Code Sec. 20-325. - Transect standards. City of Winter Springs Comprehensive Plan. Future Land Use Element, Policy 1.1.6 AGENDAPUBLIC HEAPINGS ITEM I MONDAY, • OF 159 Fiscal Impact: Development of the subject property as a bank is anticipated to provide an increase to the City's taxable value, as well as provide a catalyst for future commercial development in the surrounding area. Impact Fees/Unit > Based on total SF (square footage), GFA (gross floor area) unless noted otherwise- Non-Residential. Chase Bank -±3,337 SF (Bank w/ Drive-up ATM) Commercial Transportation/Road: $ 4,363.00/3.337 SF = $ 13,324.71 Fire: $ 72.00/3.337 net SF = $ 241.70 Police: $ 0.136 per SF $ S23.69 Parks & Recreation: N/A City Impact Fees (Chase Bank) Total = $ 16,090.10 NOTE-This is only an estimate (subject to change) and official impact fee calculations will be determined based on Final Engineering plans submitted and approved for permitting application and reviews. Development 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 Wednesday, June 16, 2021. The draft Development Agreement is enclosed as an Exhibit hereto. In addition, as part of the conditional use approval for a bank/financial institution, the Developer previously entered into a "Conditional Use" Development Agreement, which included the following specific conditions of approval. These conditions of approval continue to remain in full force and effect: 1. The Developer's Conceptual Sketch, as shown in Exhibit 3 - Conceptual Plans, includes a common driveway access with the adjacent parcel, which will be constructed to straddle the Property's eastern property line. The adjacent parcel is intended to be a future Wendy's fast food restaurant, which itself is the subject of a certain Development Agreement recorded in the Official Records of Seminole County at Book 9338, Pages 74S-7SS ("Adjacent Parcel"). Therefore, the Developer has provided an executed Declaration of Covenants, Restricts and Reciprocal Easements Agreement, recorded in the Official Records of Seminole County at Book 9334, Pages 127-163, on May 14, 2019 ("Declaration"), which includes an easement for reciprocal ingress and egress between the Property and the Adjacent Parcel ("Access Easement"). Should the parties ever mutually desire to terminate the Access Easement set forth in the Declaration, prior to executing such termination,the parties shall be required to seek and receive consent from the City of Winter Springs and obtain an amendment to the future site plan and final engineering plans. PUBLIC HEAPINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 15 OF 17 160 2. There shall be no retail sales of alcohol and no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). The Development Agreement for the current final engineering, aesthetics and waivers applications has been drafted to address several important issues regarding the proposed Final Engineering Plans. Specific conditions of approval in this Development Agreement are as follows: A. The Developer shall include and install decorative street and traffic signs and light poles pursuant to Sec. 20-325(d) of the Town Center District Code acceptable to the City's Community Development Director. B. The trees proposed to be planted in the public right-of-way by the Developer shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at the Developer's expense. If the City determines, after reasonable inspection, that any tree has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, 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 any time thereafter. Staff Recommendation: Staff recommends that the City Commission approve with conditions the Aesthetic Plan Review, one Waiver, Final Engineering Plans, Development Agreement, and adopt the findings of the Staff Report in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. 1. Project approval is conditioned upon the execution of the Development Agreement and the terms and conditions contained therein. 2. The Developer shall include and install decorative street and traffic signs and light poles pursuant to Sec. 20-325(d) of the Town Center District Code acceptable to the City's Community Development Director. 3. The trees proposed to be planted in the public right-of-way bythe Developershall besubjecttotheobligation ofongoing maintenance and replacement for the first two years following planting, at the Developer's expense. If the City determines, after reasonable inspection, that any tree has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, the City shall have the right, but not obligation, PUBLIC HEAPINGS AGENDA ITEM I MONDAY, SEPTEMBE 13, 2021 1 PAGE 16 OF 17 161 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. Attachments: Vicinity and Aerial Map Final Engineering Plans/Site Plan Approval/Application Aesthetic Plan Review Application Waiver Application Development Agreement Reports AGENDAPUBLIC HEAPINGS ITEM I MONDAY, 162 Project Site Parcel ID# 06-21-31-507-0000-0010 lF 4, SUBJECT PROPERTY y 4 .. a 163 CITY OF WINTER SPRINGS k COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 t« , .d customerservice(a winterspringsfl or 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 419.001. 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 Type: Type of Development: Residential X Non-Residential Plan Sales Trailer Preliminary Review Final Review Combined Preliminary/Final Resubmittal Recorded Plat Project Name: Chase Bank SR 434 and Tuskawilla Date:01/05/2021 Applicant/Ament Information: Applicant(s): Dawn M Dodge, P.E. Mailing Address: 100 2nd Ave. S., Suite 105N, St. Petersburg, FL 33701 Email: dawn.dodge@kimley-horn.com Phone Number: 727-498-2202 Person Who Will Upload Plans* (First,Last): Nicole, Berlin Email: nicole.berlin@kimley-horn.com Phone#: 727-498-2594 Property Owner(s)Name(If Applicant is not the Property Owner): Name: JPMORGAN CHASE BANK NA Email: Phone#: Mailing Address: 1111 POLARIS PARKWAY COLUMBUS OHIO 43240 Phone Number: Site Information: Project Address: E State Road 434, Winter Springs, FL 32708 Parcel ID(s): 06-21-31-507-0000-0010 Parcel size: 0.70 acres Existing Use: Vacant Commercial Proposed Use: Bank Zoning District: Town Center District (T-C) Future Land use: Town Center District (T-C) 2020/02 Page 1 of 3 164 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice@Mjgters ria sfl.or Application—Site Plan Review/Subdivision Is the property located in the Town Center District? X Yes No Is the property within the S.R. 434 Corridor Overlay District? Yes X No Is the property located in the GreenewayInterchange 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 Pian includes two reviews) $1,000+$10/lot Combined Preliminary/Final includes four reviews) $2,200+$15/lot Non-Residential Site Plan Review Preliminary 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 $5,515.00 2020/02 Page 2 of 3 165 CITY OF WINTER SPRINGS o '« COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice&winterspringsfl org 1959 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): JQ Property Owner Signature: Date: 2 Property Owner(s)Name(Print): Property Owner Signature: Date: STATE OF110"—/-A— COUNTY OF /711 The foregoing Inst ent was acknowledged before me this O day of �Q"�`� , 20 2'13 by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: �/_IV 202- (seal): Notary Public Signature: ANELBA BM My Commission Expires: • J 202-.3 =+ My COMWgWoN#GG 351513 4 EXPIRES:October 3t,2423 B&ndAd ryu W tory PuHiic Unietodws 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): 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. 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Zoning District: _ -To,.,0 Final Engineering Approval Date: 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? lyes�_ No List all witnesses that die applicant intends to present to the City Commission to provide testimony: C7J<,f� w►z, E`_ A�l�►-rte.w� [� F t.�_� 5 D�5 ty � S, Li-c, Describe with specificity any evidence which the applicant intends to present to the City Commission, including oral factual testimony, in ups,photographs, records or reports and/or expert testimony: 2019/10 Pace 2 or, 191 CITY OF WINTER SPRINGS E. COMMUNITY DEVELOPMENT DEPARTMENT m 1126 East Slate Road 434 n 1Vinter Springs,Florida 32748 EresrFon�eQ cu gu ny rsea i Ce'&Wi nic rsp H n Qs 1U.)rL 1959 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: I. The PLANS AND SPECIFICATIONS of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, convast, 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 ilia 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 Iimited to: materials, roof fine, hardscape improvements, and height or design elements. 4. The PLANS for the proposed project are in harmony with, or significantly enhance, die established character of❑dter 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, stale 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. aUrwia rvgo 3 ors 192 CITY OF WU] TER SPR]NGS COMMUNITY DEVELOPMENTDEPARTMENT 1126 Enst State Rend 434 Winter Springs,Florida 32708 per, �n CLSiI?ITSL'n.iifViCE'�'[I'lYlgi!CiS prIPiS{ .111' 'r-19:9 Application–Aesthetic Review REQUIRED DOCUMENTATION (PDF): A complete Application and applicable fee Minor(Site less than 2 acres)–5300*- - 340*—Major(Site greater than 2 acres)–5600'4 Modification of previously approved Aesthetic Review–$300* A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries ofthe subject property(To scale). Site Plan Building Elevations(color) illustrating all sides of structures COLOR RENDERING illustrating street view with landscaping:at time of planting; _ ILLUSTRATIONS of all WALLS, FENCES, AND OTHER ACCESSORY STRUCTURES and indication of their height and the materials proposed for their construction; SIGNAGE ELEVATIONS or proposed exterior permanent signs, outdoor advertising or other constructed elements other than habitable space,if any; ID ENT]FIC ATi ON 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 often (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 aboveplus actual costs incurred for advertising or notification, and for reimbursement for technical and/or processional 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. 201INI;1 Puge 4 or 5 193 CITY OF WN TNTCR SPRINGS COM M UNITY DEVE LOPMENT DEPARTMENT If 26 East State Road 434 Whiter Springs,Florida 32108 nF•��,•,:$,{� � csrsti�lncrscn�i�e'rl;��'€ntelnilr�stl.nr�: 7 s 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 entiry, the undersigned hereby represents and warrants that heAhe is authorized to act on behalf of, and bind.the corporate entity. Applicant Name(Print): i 1 Applicant SignatuT Date: � �a 20 Business Name: ,1 Address: Parcel LD: r STATE C7f'�_COUCNTY OF The, foregoing i tru ent was acknowledged before me this—LD—day of � 2020, by GL '�C+GD � � who is personally known to me or who has produced as identi frcation an7- WFo did/:did not take an oath. Daie: 0 (sea 1): Notary Public Signature: ANELELAeAF-Z My Commission expires: - ''_ r�rt:ot'ausssio'`rncca��rs EMIRES:Gdnbw 3t,2023 [a"rlvu Notary Pubk tlyder�r'em '%Jrrlt: The Property 0 1L•'ller shall sign ,in(!have Their signature nowrwed bt-,io\-, if d-.0 Applicant is nol 111e 0I Ilff of[Ile Whject properly. Property Owner's Name (Print : :5�i IAC! LLG - Property Owner Signature: Date S G3-zo STATE OFEL COUNTY OF i L 044 The foregoing instrument was acknowledged befo e this13 !da} of 24 70 . by ('�1 6 wg'LA-41)D who is persu no to me or who has produced as identi!'cation�djT7did not tike a17 oath. Date: (seat)- Notary Public Signature: JDSHUAMy Commission expires: [ Lra�►nvrua.� COMMIS IHOOGGO5 t�� ffYCOMM1551ph�GG{1559G5 c F PIPES.January 17.2021 1: of f`a" Sorded Thru Budget Nolarr 5eW— '_019110 I'acc i nrS 194 CITY OF WINTER SPRINGS rpt COMMUNITY DEVELOPMI,NT DEPARTMENT 1126 Ens[State Road 434 Winter Spriugs,Florida 32708 ,.9..,�..,,F,� � � iuslimi�rscn•i�e�it:��iitlersprinest7.nr�• 1459 a ST'` oco"7 Application—Aesthetic Review ^t i The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not he processed and will be returned to the app]icantAhe application shall be reviewed per Chapter 1�--AestheLie Review Sec.9-605. The sufficiency review shall be completed within thirty (30)calmdardays per F'L.Statue 166.033. Once the application is deemed sufficient,the applicant shall move forward with the Community Workshop,required pert hn2ter 20--Zoning Sec.20-2 9.I. 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 swam-in as a witness in order to provide testimony to the City Commission; • Sha II 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 — Adminisiration Sec.. 2-30 of the Winter Springs Cit} Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Aesthetic Review recommendations shall be baser)from the required informationldocumentadon 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 respect to any matter Considered at the ineetings or hearings,the)' will need a record of the proceedings and, for such purposes,they tOil 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 Statine 236.01 tis. 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 for a time period equal to the permit and shall expire only if die building pcmiit 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 surroundings area that would make the prior approval inconsistent with the criteria set forth in Chapter 9-Aesthctiic Rv\.icw Sec.9-9603 1Ui91i0 NBC 1 of- 195 98L L� • cp 80LZ£epuold's6uudg�alulM t W pdelllMe�snl PUe b£b HS • in Jalua'J 6ulNueg 112198 9se4O WdfCD Q spinnsosnl pUt/V£V 2iS =a4o4 o0 0__° go44z4g s • � a€nag _d�66_-_q�a�9 � _ �� � a y o IL o i - - '�• -<i y -a� - o - z - - n� N - � W � A V LL Rj f/) (6 � YO OLn U � �E ®��° a�� W O Ll O _ _ eJ � L � CC goo o c Q Q N (n _ m 0 � Mw LL Y oo Z M lqzj- d (n O S m (n LJ_ UCO o a�' �� C "�s �/ <� `b N1 e� j N L8L • 9 cp 80LZ£epuoId's5uuds jeju!m °goo °h'; W pdelliI PUe b£b HS _,-, Beet_e��n'_n o ffi J91u90 61UNue9 11e198 9se4O Wdfin Q ellpeosnl put/V£V 216 • � T �6���n4-goouoo_tl�Foz s�-<Q fl�,WM 47i OM zeo y 9e:.i54aod S�g� a ,a w E ]ANG IMSSIOOV / NiV / 3A0O NMdH VIS 0 0 0 Io w - z w J I 1111111 ? � �f d- IIIIIIII - --- - --- I 1111111 a N ---- i Y u. , --' --------- j ISI z I � W W m J � ©I W — W C]tf W > w C) r - o w }_r J w vHfliw 'IMI fH UIIR - � ', IIIIIIII Q - MPI IIIIIII I , 7 � 1111 -----__----_-- V P — — vev Gvo0 l livis 88L A�E• '�cp 80LZ£epuold's5uudS jejuiM t W pd elli lsnl pUe b£b HS J9lu9J 6ul lueg 1119198 9se4O Wdftn Qaey as a'. °4'oo°eaoo Q Q epinneosnl pUt/V£V 2iS ° n44o° v 9 0 o _° s • T ,���n40g55uo _foo---gegQ r W m Z W D Z W U' Z D o] F 3, g L I I i oz �� I:'.I � n v o 3 u N £- N 9 � o`s N N m e- R' .3 r3 Z Li 0 io( Q Z Z r 0 -�° J LU WLU 1^ > > 1W^ YI W J YI ° Q _ F- Q _ o w =F, Uk Uh 6% • 9 cp 80LZ£epuoId's6uudg jajuiM '� tt t W pdellinne�snl PUe b£b HS e _ � o co J9lu9J 6ulNueg 112198 9se4O Wdfin Q ellpeosnl put/V£V 216 _a ad�4�_ '=e=° 44 v o o NA F 121 1 Pi w - w 0 0 a a U U LL LL Q � a 1, Li ME O z z � z J iii O Q ❑ w U' z I w ❑ o O I S m - I 3 O N Z _ _ F Z W Z Z W Z - CC o (� Qo rn Q O a o a o z W W Q Q OOZ A E =H17 __fie 6e_-4°oo 4eo f U S S'm • _ cp 80LZ£epu01J's6uudg jajulM '� `t W pd ellimgsnl pue b£b HS • J9lu90 6ulNueg I12198 9se40 Wdf eep 7 Q epinn��snl pUt/�£�2iS g 4o4so 4044' 0044= v 9 w O _° zo 4 s • T fu°€36 eg -in d °--sao g- r W w 1221 �Pl F1 IN 51 s s 0 ~ Q � r O O HH ALI n w o O z z J m �s y I c7 I z 0 m I ❑ 7 I Z W Z Z W Z W W oQw � oQW � • cp 80LZ£epuolj's6uudS jejulM =aa4 `t W pd elllnne lsnl pUe b£b HS • Ul JaluaJ 6ul lueg 112198 9se4O Wdf ee°e° 40 °40 ` O Q epinneosnl pUt/V£V 2iS g mgo ysd °44, 0044= v 9 =° s w • T ,��3 n40g55uoo=tlFoz seo Z N =e€2r Z (n Q 7 a z w w w a--- ------------------- z ---- Z O Q O V om w �P w N a= J = F s 4 r 7 w p €9 o 3: Z Q i3 f Iq g= P us s €3 I �i `4 �I 4I w Q O w W LU J r w N r a Z w u \\ c/ Uepe'AA« - I W e ellimqsni 7 A a � rin \/\\\\\\ \ o d/y§y _ gq�Sn P� #�S x«j\syyg _ . « . \\\(M, , ) \} U \ §\\%%/[ � \ \ \ 3 < --------------g _ © --- - { \ / \ [ ❑. . \ El0 § > \3 El \ ) . . . y / : 2g # \ ) : « f 2 2 22222222 2 O LU w / \ tn «: ) \ I\ u:: CITY OF WINTER SPRINGS • COMMUNITY DEVELOPMENT DEPARTMENT ' 1126 East State Road 434 Winter Springs,Florida 32708 Incorporated customerservice(a_winterspringsfl.org 1959 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 5 203 CITY OF WINTER SPRINGS • COMMUNITY DEVELOPMENT DEPARTMENT ' 1126 East State Road 434 Winter Springs,Florida 32708 Incorporated customerservice(a_winterspringsfl.org 1959 Application—Waiver REQUIRED INFORMATION: Applicant(s): Mauricio Delgado Date: 03/29/2021 Mailing address: 1450 Brickell Ave., Suite 300, Miami Beach, FL 33131 Email: mauricio.r.delgado@chase.com Phone Number: (786) 473-1769 Property Owner(s): JPMorgan Chase Bank, National Association Mailing Address: 1450 Brickell Ave., Suite 300, Miami Beach, FL 33131 Email: mauricio.r.delgado@chase.com Phone Number: (786) 473-1769 ProjectName: Chase SR434 and Tuskawilla Property Address: SR 434 and Tuskawilla, Winter Springs, FL 32708 Parcel ID(s): 06-21-31-507-0000-0010 Parcel Size: 0.75 acres Existing Use: Vacant Future Land Use: Bank Zoning District: Town Center District (T-C) 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): See attached response 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? See attached response 2. 2019/10 Page 2 of 5 204 CITY OF WINTER SPRINGS • COMMUNITY DEVELOPMENT DEPARTMENT ' 1126 East State Road 434 Winter Springs,Florida 32708 Incorporated customerservice(a_winterspringsfl.org 1959 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? See attached response 3. Will the proposed development plan significantly enhance the real property? See attached response 4. Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? See attached response 5. Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? See attached response 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? See attached response 7. Is the proposed development plan compatible and harmonious with the surrounding neighborhood? See attached response 8. 2019/10 Page 3 of 5 205 CITY OF WINTER SPRINGS • COMMUNITY DEVELOPMENT DEPARTMENT ' 1126 East State Road 434 Winter Springs,Florida 32708 Incorporated customerservice(a_winterspringsfl.org 1959 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. 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 5 206 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice@m intersprin sfl org 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 entity. MEqBAEZ z' W COMMISSION#GG 357573 EMRE$.0d0 er 31,2023 Applicant Name(Print): ` ,o.�a ' B=W Ttwu y Pubk LwwwAn Applicant Signature. Date: Business Name: TP Address: Gy fl,, Parcel ID: STATE OFT +L COUNTY OF Wee14'�' Date The foregoing in rum nt w s acknowledged before me this day of 20 21 by i;�G t7 e- O -o who is personally known to me or w has produced as identification and w'o did/did not take an oath. Date: / 24-'1 (seal): Notary Public Signature: Celt- My Commission expires: V�` 3/ 1 2-07-3 ION-I : e ��MELBA BAEZNote: The Property wn r shall sign and have their signature nota ION#GG 357573 Apr licant is not the owner of the subject property P;o�=pp0���E��X��S��yyR__E'$ pctob�r3t,2023 Property Owner's Name (Print): 1 Property Owner Signature: _ Date 2� STATE OF - COUNTY OP The foregoing instrument a acknowledged before me thisday of , 207 by who is personally known to me or w has produced as identification and w o did/ id not take an oath. Date: �.- (seal): Nota4y Public Signature: My Commission expires: {3/ 2,021-3 ; Y LBa BAEZ •: }•_ M'COMMMION 0 GG 357573 EXPIRES:OCWK 31,2023 ' Bwdad Thm Naauy sc enc 2019/10 Page 5 of 5 207 1. Waiver: The applicant is requesting one waiver from Winter Springs City Code Sec. 20-605(b) and (d), which requires a total 27 feet of streetscape area consisting of three component parts: (1) 5-foot landscape area; (ii) 6-foot sidewalk; and (iii) 16-foot landscape and treescape area for planting canopy trees which will line the right-of-way. The waiver is to instead allow(i) 8-foot landscape and treescape area; (ii) a 6-foot sidewalk; and (iii) an 8-foot 3 inches landscape and treescape area adjacent to the right-of-way for a total of a 22-foot 3 inches area in lieu of 27- foot. Further analysis of each waiver request is listed below in the Waiver Section. Justification:The Applicant is requesting a waiver in order to provide a frontage along State Road 434 continuous with the adjacent Lot 2 of the development (Wendy's). The Wendy's project provides a 8' landscape and treescape area, a 6' sidewalk, and 8' landscape treescape area.This project proposes 8' of landscape and treescape area, a 6' sidewalk; and 8' landscape and treescape area adjacent to the right-of-way. In addition to provide a continuous frontage, the existing frontage consists of a 5' sidewalk abutting a 2' landscape and treescape area along SR 434.This project proposes an increase in sidewalk width from 5'to 6'to comply with City Code and align with the recently constructed Wendy's sidewalk.The proposed sidewalkjogs down to tie into the existing pedestrian curb ramp and crosswalk which provides access across the shared driveway between the proposed site and the existing McDonalds.The project does not propose any modifications to this ramp as to minimize impacts to the surrounding properties and utilities abutting the existing curb ramp. 2. The adjacent Lot 2 of development (Wendy's) was approved by the city for construction with a frontage road that parallels the existing SR434 corridor prior to the current streetscape requirement. In order to maintain a continuous frontage as well as tie into the existing pedestrian ramp the reduction of treescape/landscape area to 8' of landscape and treescape area, 6' sidewalk; and 8' landscape and treescape area adjacent to the right-of-way is required. 3. The site is part of an overall master development that has previously been approved by the City which is in substantial compliance with Chapter 20 of the City's Code of Ordinance, Comprehensive Plan, and Land Development Code. The proposed waiver requests are to provide streetscape consistent with the previously approved master site and adjacent Wendy's development. 4. The site is part of an overall master development that has previously been permitted with the City.The proposed use is consistent with the approved master development.The development of the parcel is anticipated to bring tax revenue and enhance the real property. 5. The site is part of an overall master development that has previously been permitted with the City.The proposed use is consistent with the approved master development therefore will serve the public health, safety, and welfare of the City of Winter Springs. 6. No, the waiver requests are to reduce the streetscape requirement in order to provide continuous streetscape along the frontage road. 7. Yes, the waiver is requesting the minimum reduction in streetscape requirement in order to provide a continuous streetscape alignment along the frontage road. 208 8. 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