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Home My WebLink About2019 06 10 Public Hearing 401 - West End Professional Center Monument Sign Special Exception and Development Agreement Modification PUBLIC HEARINGS AGENDA ITEM 401 1959 CITY COMMISSION AGENDA I JUNE 10, 20191 REGULAR MEETING TITLE West End Professional Center Monument Sign Special Exception and Development Agreement Modification SUMMARY APPLICANTAND PROPERTY INFORMATION: • Applicant/Property Owner's Name (s): West End Professional Center One LLP • Property Address(es): 1135 East State Road 434 • Property Parcel ID Number(s): 36-20-30-502-0000-0010 • Current FLUM Designation: Town Center District • Current Zoning Designation: T-C (Town Center District) • Development Agreements: o Binding Development Agreement (2006) o First Modification of Binding Development Agreement (2007) o Second Modification to Binding Development Agreement (2008) • Pending Code Enforcement Actions: None • City Liens: None APPLICABLE LAW, PUBLIC POLICY,AND EVENTS: Home Rule Powers Winter Springs Code of Ordinances City of Winter Springs Comprehensive Plan Project Overview The applicant is seeking a Special Exception and modification to the Development Agreement for the construction of one monument sign (Exhibit A) at the multi- tenant office building located at 1135 E. SR 434. The subject property is located within Transect 5 of the Town Center zoning district. Per Section 20-327.1 - Signs, freestanding monument signs are permitted by special exception in the Town Center along SR 434 frontage. The sign generally conforms to the standards set forth in Section 16-82 "Special Supplemental regulations for properties located on SR 434", pertaining to monument signs.The signs architectural features and colors match the existing building and provide acceptable aesthetics in relation to the surrounding Town Center buildings. As part of the Binding Development Agreement, adopted December 11, 2006, by the City Commission,the developer was required to construct six seat walls around trees located in the plaza at the north end of the property. Only four of the six seat walls were constructed. The proposed Third Modification to Binding Development Agreement (Exhibit C) would reduce the number of seat walls required from six to four. This modification would also allow for one of the four seat walls to contain a monument sign and landscaping, as opposed to a tree, which was originally required in the original Binding Development Agreement. Based on Staff review of the plaza area, there will still be adequate seating in the plaza area with only four seat walls. At the May 23, 2019, Planning and Zoning Meeting, the Board recommended approval of the Special Exception to construct a monument sign in the Town Center with a S-0 vote. Special Exceptions (Exhibit B) The applicant is requesting approval of a Special Exception requests. In granting a Special Exception, per the Town Center Code, the City Commission must find substantial competent evidence that: a) The proposed development contributes to, promotes, and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations. b) The proposed development will not have an unfavorable effect on the economy of the Winter Springs Town Center and complies with the economic fiscal impact requirements set forth in the City's Comprehensive Plan and code. c) The proposed development abides by all rules in this code other than those specially accepted. RECOMMENDATION Staff recommends the approval of the Special Exception to construct a monument sign in the Town Center and the Third Modification to Binding Development Agreement related to seat wall requirements. PUBLIC HEARINGS AGENDA ITEM 401 m1959 TITLE fi SUMMARY APPLICANT AND PROPERTY INFORMATION: • LLP 0 0 0 • APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Project Overview Special Exceptions (Exhibit B) RECOMMENDATION Q x LU v Y v L v c LU m � m T T Y u Y ■ p O� � p O o W L a--+ U ca to ca O 1 a o c.n E a� :3 o r) — o Ul 9U a a v -0 > �M O a xt LL v L i �1 E `^- I s� ! 111 � k 1 - .'wxx��Rx �T��✓.vu�e•'�-ar"_ra m:eL..�..,. .. �'"r� '(} r . I a i f 41 q AIR. s. ti �° �... _-I ''+ -•,{y� ,fir tet. y e ' h _ v 4 F. I p Ye. Exhibit B CITY OF WINTER SPR + COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, F 32708 Incorpoiatea 407-327-55966 1959 FAX:407-32 -6695 BOARD OF ADJUSTMENT APPLIC TION ❑ CONDITIONAL USE/SPECIAL EXCEPTION ❑ VARIANCE ❑ WAIVER APPLICANT: Cleveland L G bonielle Last First /� Middle MAILING ADDRESS: 2301 N. Hi GLV a s— iZd . c� FL 32703 City State Zip Code PHONE&EMAIL q0'7-2g3 - 3;f 1 j '� C i"�t I�71�rd S t i n G C)r"f If Applicant does NOT own the property: PROPERTY OWNER: e'-r End Profss of`1 j erlter One LLP - Last First Middle MAILING ADDRESS: 22 S` om11 G C 4veou e, Ste . t i40 a Qr(andv r-L 328C)i City State Zip Code PHONE&EMAIL This request is for the real property described below: PROPERTY ADDRESS: I I �� E 434 SR CSi-e f og6 -,3() K n �e I' c� i'1 ' 7 TAX PARCEL NUMBER: 3(Q " G 31) -S02-_-0000 06 r SIZE OF PARCEL: ��2 Square Feet Acres EXISTING LAND USE: Go m C YC:I A� Current FUTURE LAND USE Classification: . d l Current ZONING Classification: V 'M'n �ifr Spn _n Please state YOUR REQUEST:To i n&t-0-( 1 - April 09 fed tel.Iovv r ac y (� WAIVER REQUEST A waiver request requires the property owner to clearly demonstrate that the applicable term or condition (the subject of the waiver req est) clearly creates an illogical, impossible, impractical, or patently unreasonable result [Winter springs Code of Ordinances, Section 20-34 (a)]. Please explain how your request meets this requirement (use a separate sheet if necessary). In addition to the standard set forth in Section 20-34 (a), a waiver requires compliance with all six (6) criteria enumerated in the Wint r Springs Code of Ordinances, Section 20-34 (d). Address each of the following conditions related tot e var ance request. Attach additional paper as necessary: ❑ What is the Waiver you are requesting? ❑ Is the proposed development plan in substantial omp iance with Chapter 20 of the City's Code of Ordinances and in compliancewith t e Comprehensive Plan? ❑ Will the proposed development plan significantly enhace the real property? ❑ Will the proposed development plan serve the PL blic health, safety, and welfare of the City of Winter Springs ? CONTINUED ON NEXT PAG q April 09 ❑ Will the waiver diminish property values in or alt r the essential character of the surrounding neighborhood? ❑ 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 this chapter? ❑ Is the proposed development plan compatible with the surrounding neighborhood? 5 April 09 Waiver Reguest 1. The applicable condition creates an unreasonable result for Wes] End Professional Center One, because without being able to have a ground sign, the building and tenants will not be easily identifiable. This is a multi-tenant building and without thissign,and would not be able to identify the other tenants that are located inside of the building. iOrlando Health is one of the tenants in this building and it is very important that they a e able to be identified by their patients. Patients will not know they are in this building without being able to have their name listed on a ground sign. 2. 1 am requesting to install a ground sign in the W1 Winter Springs istrict. 3. Yes, our proposed development plan is in compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the comprehensive pla i. Having this ground sign does promote the public health and safety and adds to the conv nience of access to the property, because it will make it more easily accessible. By installing this ground sign, it will promote the continuing flow of traffic without the risk of slowdowns from motorists trying to find their destination. It will also help to maintain the stability of this busin ss because the consumers/patients will be able to easily identify and locate the business,thus bringing in more revenue for them. 4. The proposed development plan will significantly enhance Lhe property because it will add to the beauty of the property. It is a brand new,visually appealing si n,that will add extra character to the aesthetics of the property and neighborhood. 5. It will serve the public health, safety, and welfare of the Citv of Winter Springs by making this building easily identifiable. Because Orlando Health is one of the t' nants in the building, there may possibly be frequent traffic. Having a ground sign whit allows drivers to easily identify the building will help prevent accidents from patients trying to Ind the location. It will also assist emergency personnel in locating the building if they need t without any issues. 6. The waiver will not diminish property values or alter the character of the surrounding neighborhood. It is a visually appealing sign and will compliment the aesthetics of the Winter Springs Community. 7. Yes, this waiver requests the minimum thing to be able to eliminate the unreasonable result. Because this is a multi-tenant building and we wouldn't be able to put each individual tenants name on the building, being able to have their names on a ground sign rectifies the issue of them being un-identifiable. 8. Yes, the proposed development plan is compatible with the Burronding neighborhood. The nearby Publix has two monument signs up which look very good a7d are very compatible with the surrounding neighborhood, as well as the City Hall monument sign. We too, will install an aesthetically complimenting sign that will not take away or distract from the surrounding neighborhood. Exhibit C Prepared by and Return to: Kristin N.Eick Winter Springs Assistant City Attorney Garganese,Weiss,D'Agresta& Salzman,P.A. P.O.Box 2873 Orlando,FL 32802-2873 (407)425-9566 THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Third Modification"), dated June , 2019, is made by and between the CITY OF WINTER SPRINGS,a Florida Municipal Corporation("City"),whose address is 1126 East S.R.434,Winter Springs, Florida 32708, and WEST END PROFESSIONAL CENTER ONE, LLP, a Florida limited liability company ("WEPCO"), whose address is 225 S. Orange Avenue, Suite 1401, Florida 32801 (referred to herein as "Developer"). WITNESSETH : WHEREAS, Developer and City previously entered into a Binding Development Agreement, dated December 11, 2006 ("Agreement") recorded in Seminole County Official Record Book 6545, Page 1302, for the construction of an office park development; and WHEREAS, on January 8, 2007, Developer and City entered into a First Modification of Binding Development Agreement ("First Modification") recorded in Seminole County Official Record Book 6585, Page 126; and WHEREAS, on February 11, 2008, Developer and City entered into a Second Modification of Binding Development Agreement("Second Modification"),recorded in Seminole County Official Record Book 6949, Page 1636; and WHEREAS, the parties desire to further amend the Agreement as set forth in this Third Modification; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement and First and Second Modifications not expressly modified by this Third Modification shall remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Third Modification. Third Modification to Binding Development Agreement Winter Springs/West End Professional Center One,LLP Page 1 of 4 Section 2. Terms of Modification. Paragraph 5(D) of the Binding Development Agreement is hereby amended as follows: D. Developer shall construct the following in the plaza at the entrance of the property: (1) Three (3) seat walls around trees; (2)Two planter beds containing trees and no seat walls; and (3) One seat wall around a monument sign and landscaping. Construction of such monument sign and landscaping shall be in accordance with the special exception application on file with the City and approved by the City Commission on June 10, 2019. The design of seat walls are intended to be comfortable for sitting leisurely for extended periods of time, and as such will be maintained in good condition in perpetuity by the Developer for these public purposes. Section 3. Recordation. This Third Modification shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 4. Miscellaneous. All other provisions of the Agreement and First and Second Modifications not amended by this Third Modification shall remain in full force and effect. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. CITY: CITY OF WINTER SPRINGS, a Florida Witnesses: municipal corporation By: By: Print: Charles Lacey,Mayor By: Print: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019,by Charles Lacey, as Mayor of the City of Winter Springs, who is personally known to me, or has produced the following identification: Third Modification to Binding Development Agreement Winter Springs/West End Professional Center One,LLP Page 2 of 4 NOTARY PUBLIC, State of Florida By: Print: My Commission Expires: Third Modification to Binding Development Agreement Winter Springs/West End Professional Center One,LLP Page 3 of 4 WEPCO: WEST END PROFESSIONAL CENTER ONE,LLP., a Florida limited liability partnership By: Print: Witnesses: Title: By: Print: By: Print: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019,by as of WEST END PROFESSIONAL CENTER ONE, LLP, a Florida limited liability partnership, who is personally known to me, or has produced the following identification: NOTARY PUBLIC, State of Florida By: Print: My Commission Expires: Third Modification to Binding Development Agreement Winter Springs/West End Professional Center One,LLP Page 4 of 4