HomeMy WebLinkAbout1998 04 13 Regular Item B
C~OMMISSION AGENDA
(UPDA TED)
Il~EM B
Regular X
Consent
Informational
AQrill3, 1998
Meeting
MGR.Il~ /Dept.~
REQUEST: Community Development Department - Land Development Division
presents to the City Commission the recommendation of the Planning
and Zoning Board as it relates to the proposed Development
Agreement for Tuscawilla Tract 15, Parcel IB.
PURPOSE: The purpose of this agenda item is for the City Commission to hold a
2nd Public Hearing to consider the recommendation of the Planning
and Zoning Board as it relates to the proposed Development
Agreement for Tuscawilla Tract 15, Parcel 1 B. Parcel IB is located at
the northeast intersection of Vista willa Drive and S,R. 434, extends
eastward on the south side of S,R. 434 approximately 2,160 feet, then
south southwest approximately 450 feet, then westward approximately
2,100 feet and then north northeast to the point of beginning approximately
450 feet.
APPLICABLE CODE:
S.R. 434 CORRIDOR VISION PLAN, NEW DEVELOPMENT AREA
Section 20-449. Setbacks
(1) No improvement shall be located on any property closer to any property line
than the minimum setbacks set forth below:
S,R. 434
Collector Street
Internal Street
Side
Rear
Buildings
50 feet
35 feet
15 feet
1 0 feet
1 0 feet
Parking
I 5 feet
I 5 feet
15 feet
5 feet
5 feet
April 13, 1998
REGULAR AGENDA ITEM B (Updated)
Page 2
Sedion 20-454. Signs.
All ~;igns and sign elements, including shape, form, lighting, materials, size,
color and location shall be subject to approval by the Design Review Board
if such signs or sign elements are visible from adjacent properties or a
street right-of-way,
(a) Ground Mounted Multi-Tenant or Project Identification Sign, For
each multi-tenant development under separate ownership, one (I) wide-
based monument style, permanent sign with landscaped base identifying the
name of the development and businesses within the development shall be
permitted, For developments with five hundred (500) feet of frontage or
more on a major road, one (1) additional sign may be permitted, The
minimum separation for all signs on an individual ownership shall be two
hundred (200) feet and:
(1) Shall only advertise the name of the commercial development
companies, corporation or major enterprises within the commercial
development. The primary address of the building shall be incorporated
into the sign with numerals/letters a minimum of eight (8) inches in height,
but the address shall not be counted against allowable copy area,
(2) Shall be located no closer than fifteen (15) feet from front, side, or
rear property lines,
(3) Shall have a maximum of two (2) faces,
(4) Shall be consistent in design, format and materials with the architecture
of the proposed building(s),
(5) An entry wall sign shall not be higher than eight (8) feet above the
closest vehicular use area,
(6) Signs shall be in an enclosed base a minimum width of two-thirds (2/3)
the width of the sign, Landscaping shall be incorporated around the base
to include low growing shrubs and ground cover and/or annuals to
promote color.
April 13, 1998
REGULAR AGENDA ITEM B (Updated)
Page 3
(7) Signs shall be in accordance with the following schedule:
Building Size (Gross Floor Area)
Maximum
Copy Area
Maximum
Height
Under 75,000 square feet
75,000 - 250,000 square feet
Over 250,000 square feet
32 square feet
48 square feet
64 square feet
12 feet
14 feet
16 feet
(8) Multi-tenant centers are permitted additional signs for anchor tenants
according to the following schedule:
Building Size (Gross Floor Area)
Anchor Tenant Additional Signs
Under 75,000 square feet
75,000 - 250,000 square feet
Over 250,000 square feet
2 of 12 square feet
3 of 12 square feet
4 of 12 square feet
An anchor tenant is defined as the major retail store(s) in a center that
is/are in excess of one hundred (100) front feet and a minimum area of ten
thousand (10,000) square feet.
Section 20-458. Development Agreement
Any developer may propose to enter into a Development Agreement with
the City designed to set forth terms and conditions appropriate to meet the
circumstances of the specific proposed development Such Development
Agreement shall be reviewed and approved by the City Commission, The
City Commission may vary the standards of this ordinance, including
building or perimeter setbacks, parking standards, signage, and other
standards, If an increase in building height beyond fifty-five (55) feet is
requested, the City Commission must find that Fire Department capabilities
are adequate as to address the change, Such consideration shall be based
on building site constraints or physical characteristics of the property;
provided specifically, however, that any such concessions for a constrained
site :shall only be considered by the City Commission in a Development
Agreement if enhanced perimeter landscaping or buffering is provided to
assure that the objectives of this ordinance are achieved,
April 13, 1998
REGULAR AGE1\DA ITEM B (Updated)
Page 4
SeCltion 20-459. Corridor Design Review Board
The Development Review Committee shall serve as the Corridor Design
Review Board for development in the New Development Area Overlay
Zoning District of the S.R. 434 Corridor and shall review such
developments for a unifying theme according to the design standards and
make recommendation(s) to the Planning and Zoning Board, The Design
Review Board shall review and make a recommendation regarding any
proposed Development Agreement pursuant to Section 20-458 of this
Code,
FIOI'ida Statutes 163.3225. Public Hearings
(1) Before entering into, amending, or revoking a development agreement,
a local government shall conduct at least two public hearings, At the
option of the governing body, one of the public hearings may be held by
the local planning agency,
(2)(a) Notice of intent to consider a development agreement shall be
advertised approximately 7 days before each public hearing in a newspaper
of general circulation and readership in the county where the local
government is located, Notice of intent to consider a development
agreement shall also be mailed to all affected property owners before the
first public hearing, The day, time, and place at which the second public
hearing will be held shall be announced at the first public hearing,
(2)(b) The notice shall specify the location of the land subject to the
development agreement, the development use's proposed on the property,
the proposed population densities, and the proposed building intensities
and height and shall specify a place where a copy of the proposed
agreement can be obtained,
CONSIDERA TIONS:
1) The developer is requesting that the Hess ground monument sign have a
copy area of fifty five (55) square feet (each side),
April 13, 1998
REGULAR AGENDA ITEM B (Updated)
Page 5
2) The developer is requesting a reduction in the established building
setback for the Hess site only to forty nine and one half (49 1/2) feet from
the required fifty (50) feet from the State Road 434 right of way,
(3) The developer is proposing an enhanced landscape buffer State Road
434 of twenty five (25) feet rather than the fifteen (15) feet required by the
Conidor Design Standards, The landscaped buffer will include large
canopy trees, understory trees, low prostrate ground cover, accent shrubs,
interior perimeter hedge and a berm not to exceed three (3) feet in height.
(4) The developer is requesting that the building and internal site signage
be one hundred ninety three and 1/2 (193 1/2)) square feet of copy area for
the Hess site,
FINDINGS:
(1) The site has certain environmental characteristics which constrains the
development of the property for uses permitted in the commercial land use
and Settlement Agreement Ordinance No, 489,
(2) Acceptable remedies to the site constraints are defined in the attached
Development Agreement.
(3) The concept of a minim-mart (combination convenience store, snack
shop(s) and gasoline sales) is a new business venture in the City of Winter
Springs and was not addressed during the corridor vision plans as it relates
to signage.
(4) The City Commission adopted Ordinance No, 610 on July 8, 1996
allowing a mini-mart type establishment to locate in C-1 Neighborhood
Commercial Zoning District.
(5) The existing sign ordinance does not address this type business,
(6) The City Commission is authorized to enter into a Development
Agreement which could vary the standards of the corridor vision plan
as it relates to building and perimeter setbacks, parking standards, sign
standards, and other standards,
April 13, 1998
REGULAR AGENDA ITEM B (Updated)
Page 6
(7) The developer has proposed an enhanced landscaping plan and a
greater buffer area along S,R. 434 than that required by the corridor vision
plan,
(8) The Development Review Committee has reviewed the proposed
Master Development Program and the Hess Final Engineering and offer no
objections to the program and the engineering as presented,
(9) The Planning and Zoning Board recommended approval of the
Master Development Program and the Hess Final Engineering.
(10) The requirements of Florida Statutes, 163,3225 have been satisfied,
(11) The developer has agreed to eliminate the placement of a carwash on
any parcel within Tuscawilla Tract 15, Parcell B.
RECOMMENDATION:
It is recommended that the Commission approve the Development
Agreement.
ATTACHMENT:
Proposed Development Agreement (Revised)
COMMISSION ACTION:
DEVELOPER'S AGREEMENT
TUSCAwrt.T.A TRACT IS PARCEL I-B
This DEVELOPMENT AGREEME:NT by and between Robert Yeager, TRUSTEE
(hereinafter called "Property Owner') and the City ofWurter Springs, a Florida municipal corporation
(hereinafter called tithe City") is entered into pursuant to City Code, and is intended to constitute a.
covenant covering the property described herein. This Agreement is based on the following premises:
Whereas, the rc~ property described herein as Parcel IB of Tract 15 of the Tuscawilla
P.U.D., further described on Exhibit "A" attached hereto is located within the City limits of the City;
and
Whereas, the rc:a1 property is subject to certain land development regulations of the City,
including the "S.R. 434 Corridor Vision Plan: New Development Area" (Ordinance No. 675 of the
City); and
Whereas. the re,1l property is subject to a Settlement Agreement set forth in Ordinance 489
and recorded at Official Records Book 2277, pages 0464 through 0500, Public Records of Seminole
County, Florida (hereinafter call "the Settlement Agreement"); and
Whereas, parties concur that this Agreement deals with issues separate from the issues
addressed in said Settlem.ent Agreement, and this Agreement should be construed as consistent with
the said Settlement Agrel=ment, and in the event of conflict between the terms of this Agreement and
the Settlement Agreement, the Settlement Agreement shall preva.tl; and
Whereas, this property has received a Certificate of Vested Rights Special Use Permit from
the City on August 4, 1993, which is in full force and effect, and this Agreement shall not cause to
affect the vesting status of this property; and
Whereas, th~: City agrees that Parcel IB of Tract 15 of the Tuscawilla P.U.D. may be
subdivided and developed into a maximum offive (5) parcels planed as provided by law; and
Whereas, an application for final engineering approval and permit was submitted to the City
prior to the adoption of Ordinance No. 675 for one parcel located at the southeast comer of the
intersection of Vista willa Drive and State Road 434 (hereinafter caI1 the Hess Site, as depicted in
Exhibit ''B'' attached hl:reto), and Property Owner and City agree that this Development Agreement
should address specific issues relating to development of said Hess site; and
Whereas, Sections 20-458 and 20-459 of Ordinance No.67S. the !lS.R 434 Corridor Vision
Plan: New Development Area" provide for a Development Agreement for real property such as that
described on Exhibit It A" and Exhibit liB" upon a finding that the site is constrained, and extra
development enhancements are provided by the Property Owner to preclude or mitigate against any
impacts upon abutting properties or the S.R 434 conidor; and,
Whereas, the City Commission of the City of Winter Springs finds that the real property
described in this Agreement is constrained by width, proximity to water retention areas to the rear
of the property, and by wetlands; and
Whereas, the Cjty Conunission finds that Property Owner is making 'sufficient development
concessions and enhao.cements on the real property described on Exhibit II A" to authorize a
Development AgreemE~nt for the Hess site described on Exhibit "B", attached hereto and by this
reference incorporated nerein; and
Whereas, in comiideration for the City entering into this Agreement, the Property Owner has
agreed to provide certain enhancements for the entire parcel (such as landscaping) and certain
common design themes or criteria (a unifonn ground mounted sign system for the individual parcels).
2
NOW THEREFO~ be it agreed as follows:
1. Premises Incorporated Herein
The City and the Property 0wneJ: hereby agree that the foregoing premises are true and
Correct.
2. Prooerty A.ffj~cted
2.1 The n:al property described on Exhibit "A" ,constitutes the entire property subject to
....
this Developltlent Agreement. A consideration for the City entering into this Agreement is
that certain enhancements (such as enhanced landscaping and a six (6~ food masonry wall
along the rear of the subject property) and certain common design themes or criteria (a
uniform ground mounted sign system for the site) are being proposed by the Property Owner
and accepted by the City. Certain requirements set forth herein, therefore, apply to the entire
property (Exhibit "A").
2.2 Such a, specific implementing development agreement is created for the Hess site
(ExhJbit "B") in this Agreement. Certain development obligations are being agreed to by and
between the Property Owner and the City as the standards governing certain aspects of
development of the Hess site.
2.3 Where [1:0 requirements concerning a development issue are set forth in this agreement
fur the real property described on Exhibit "A" or Exhibit "BII, then the standards set forth in
the "State Road 434 Corridor Vision Plan: New Development Area" standards shall first
apply. and ifno standards exist in said ordinance, then other applicable City Code provisions
shall govern development of the property.
3
2.4 This ,~eement does not and cannot exempt any real property from complying with
state or loccLllaw or ordinances relating to platting. environmental permitting, wetlands
regulations, S1:ormwater, or other matters nor any development issues not directly addressed
by this Agreement.
3. ~lced Landscaping. Sidewalks. Wall. and Retention Ponds.
The development of all or any part of the real property described on Exlu'bit "A" shall be subject to
the enhanced landscaping including benns and meandering sidewalks (to the extent such meanders
and additional width ~~e allowed by the Florida Depat1:Inent of Transportation (DOT)), as set forth
on the Master Deve!opment Program for Tuscawilla Tract IS, Parce11-B (Sheets 2 &. 3), dated
December 23, 1997, and revised February 23, 1998 and March 4, 1998, prepared by Bower-
Singleton and Associates, Inc. (hereinafter called the Mater Development Program), and on file with
the Office of the City Clerk, Wmter Springs, Florida. The enhanced landscaping to be provided by
and at the cost to the Property Owner per the terms and conditions of the follOwing:
3.1 The enhanced landscaping specified herein shall be provided by the Property Owner
or his heirs, assigns, successors. or agents, as a condition of development of the property and
at the time ofinstallation of other site related improvements for each parcel created from the
real property dl:scn"bed on Exlu'bit I'AI' of this Agreement.
3.2 The He:ss site described on Exhibit liB II shall be subject to and comply with the
landscaping spl~i1icatiOns set forth on the Master Development Program, on file with the
Office of the a~Y' Oed; Wmter Springs Florida, as a Final Engineering Permit condition for
site developmer.lt of said parcel.
4
3.3 The City agrees that the enhanced landscaping together with a six foot masonry wall
at or along the rear (south) boundary of the property described on Exhibit "A" in the Master
Development Program separating the commercial property from the adjacent residential
property to the: south are acceptable buffers in consideration of the intent of the State Road
434 Corridor Vision Plan New Development Area Ordinance, constraints of the site and
potential impa.:t on the surrounding properties.
3,4 Landscape and wall construction plans shall be incorporated into the construction
documents. FaUure of the Property Owner or his assigns to install the landscaping and six (6')
masonry wall (as lots are developed), agreed to and required by this Agreement shall be a
breach of this Agreement and shall constitute a basis authorizing of the City to withhold
issuance of pc~nnits, and/or certificates of occupancy, until the landscaping and wall
construction obligations imposed by this Agreement are fully complied with.
3.5 This Agreement obligates the Property Owner to install a meandering six (6') foot
wide sidewalk along the State Road 434 frontage of this property as shown on the Master
Development PmgraIn. The City acknowledges that the landscape design depicted on Sheet
3 of the Master Development Program requires use ofD.Q,T. State Road 434 right~of-way
and modificatiClln of D.O. T. sidewalk placement and width requirements and therefore is
subject to review and approval by the D.O.!. It shall be the Property Owner's obligation to
obtain said approval with the cooperation and assistance of the City. In the event this
cannot be accomplished, the design shall be modified and all landscaping will be constructed
south of the road, right-of-way within the Property Owner's property with the sidewalk being
constructed by Ii .D.O. T,
5
3.6 Retention ponds shall not be constructed at a slope steeper than four (4) horizontal to one (1)
vertical.
3.7 Property Owner agrees to comply with aIl1and~ping requirements of the SR 434 Visioning
Plan Ordinance not sp:cifica11y provided for iIi-this Agreement.
4. Sign Design Rl~jrements.
As mutual consideratiol1 by and between the City and the Property Owner the signage for the entire
property described on :Exhibit II A" shall be in accordance with the design and specifications per the
Master Development ]:lrOgram, Sheets 2 and 3.
4.1 As to the entire property on Exh1bit nAil, the uniform design signage fronting on State
Road 434 shall be that size, bulk and height and design as set forth on Sheet 3 of the Master
Development l:lrogram and shall be constructed by the Property Owner or successors in
accordance with, the aforementioned plans. The City agrees to the number and placement of
signs as depicted on Sheet 2 of the Master Development Program.
4.2 As to the Hess site (Exln'bit "B ") the building signage and internal site signage shall
be that set forth on the unifonn sign plan on file with the City, as pages A-I (dated December
10, 1997) and F'age CE-I (dated January 23, 1998) by Metsky-Zuckerman, Architects and
P1annen. BuiIdiJ]g and internal site signagc shaII not exceed 193.5 square feet of copy space.
Ground mounted signage shall not exceed a total of 110 square feet of copy space. The City
acknowledges that the Hess site signage exceeds the square footage area allowed under
Ordinance No. 675 in Section 20-454 but permitted in Sections 20-458 and 20-459.
6
5.0 Setbacks for Parl:ell-B of Tract 15.
The building setbacks for the Property described on Exhibit "A" shall be fifty (50) feet (except on the
Hess site described on Bdubit lOB") wbich shall be set back 49' 6" from the adjacent right-of-way line
of State Road 434 in recognition of the enhanced landscaping for said site. The setback for all other
amenities (other than buildings) shall be twenty five (251) feet from the State Road 434 Right of Way
and .fifteen (15) feet from, Vista Willa Drive. In the event of a default by the Property Owner in the
installation of the lands<caping to tract IB per the Master Development Program or failure to
maintain said landscaping , as required by City Code) then the setbacks pursuant to City Code shall
apply to said Tract or part thereof.
6.0 Hess Site (Exhibit "B") Design Amenities. The Property Owner has agreed that the
-
building design for the Hess site is modified to provide that the green stripe around the building
(generally parallel to the ground) will not be back lit with actificiallighting.
7.0 No CatW:ash Land Use on Tract 15. Parce11B
TheProperty Owner agrees that
not\Vitbstanding the land uses pennitted in the Settlement Agreement, no approval for a carwash shall
be sought or permitted Cl'n the property described on Exhibit A of this Agreement.
8.0 Property Owner's Association.
There shall be a mandato<ry Property Owner's Association responsible for the ongoing maintenance
of the landscaping, road~~ retention ponds, amenities and other common areas and facilities.
9.0 Grace Pe:nodlrime to Cure.
In the event the City determines the Property Owner .or Successor is not in compliance with the
.
landscaping installation as: required by this Agreement, or tails to maintain the landscaping as required
by City Code, the City shall provide written notice of violation to the Property Owner of the subject
7
parcel or parcels, stating the specific nature of the violation and the COITective actions to be taken to
cure said non..compmmce. The Property Owner shan have thirty (30) days from receipt of said notice
in which to cure the violation before the City can declare a default under this Agreement.
10.0 Pursulant to the requirement of state law, the parties acknowledge and agree.
(a) ~:ion of AlUeement. This Agreement shall be recorded in the public records
of Seminole County at cost to the Property Owner and shall be a covenant running with the
land.
(b) Development issuet" Development issues shall be those permitted and controlled
(such as building height, permitted uses, parking requirements and other development
standards by existing City Code, including Ordinance No. 675 and the Settlement Agreement,
except as said. site development standards are specifically modified herein.
(c) ~ment Consistent with Comprehensive Plan. The City commission, and the
local planning agency, have found that the land uses and development proposed are consistent
with the City's Comprehensive Plan. By entering into this Developm~nt Agreement, the City
Commission flnds this Agreement consistent with the City's Comprehensive Plan.
(d) Compliance With Other Laws. The failure of this Agreement to address a
particular pennit, condition, term or restriction shall not relieve the Property Owner of the
necessity of complying with the law governing said permitting requirement, condition, term
or restriction.
8
11.0 EnJ:orcementIV enue.
This agreement may be enforced by parties to it by bringing action in the Court of proper jurisdiction
to interpret or enti:>rce the provisions of this Agreement. Venue of any such shall be in Seminole
County, Florida.
12.0 ~:ies Bound.
This Agreement s.ball be recorded in the Public Records of Seminole County, Florida and shall be
binding on the heinl, assigns or successors to the Parties to this Agreement.
DONE AND AGREED on this _ day of
. 1998.
WITNESS
PROPERTY OWNER:
NAl\ffi:
ROBERT YEAGER, TRUSTEE
NAME:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of .
1998 by Robert Yeager, as Trustee. He is personally known to me, or has produced
as identification.
NOTARYPUBUC, STATE OF FLORIDA
Print
My commission expires
9
ATTEST:
CITY CLERK
STATE OF FLORlDA
COUNTY OF
CITY OF WINTER SPRINGS
, PAULP. PARTYKA, MAYOR
The foregoll1lg instrument was acknowledged before me this _ day of February 1998, by
Paul P. Partyka, Mayor of the City ofWmter Springs, Florida He is personally lmown to me, or has
produced as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
10
"MAR 04 '98 09: 31AM KF~UPPENBACHER & ASSC
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Iln9...un N 89-32.22- W 1'o~ a diSTance O~ IOJ9.J~ 1ee+ ~o ~~Q
POINT or BEGtNNtNC.
LESSI RIQ~t.of-WoY io... [oat.,.n Bel+woy per order O~ TQklng irl&d
~}' 30, 1~91 In 01."cfal Re~ords BOQk 2299, Pa~e 964.
AND .lSO L..E::l.S I l'JiE RIGHT OF W,;"Y OF' S.ff. 4343 AS D~FtNED
IN T~E O~OER OF T~~lN~ DATED ~RCH 24. 1994. In 01'flclol
ReCOI"'da Book, 2141. Pooo "96. PUl>l Ie R.co...ds crl
Seminole COIJ1n+y, 'FIO...Ido.
FROM 407-426-7767
SJ-04-9S 10:38 AM
P12
, . MAR 04 ' 98 09: 31AM Kf;~UPPENBACHER & ASSC
-r . 13/
SXHJBrr
It, ,8 ~~
LEGAL DESCRIPTION
BEING A PORTION OF' LOT 19, PHIWP Ft YONGE GRANT, AS RECORDED IN PLAT BOOK PAGE
" PAG~S 35 THRU 38, PUBUC RECORDS OF' SEMINOLE COUNTY, FlORIDA, MORE
PAR11CULARL Y Oe:SCRIBEO AS FOLLOWS: '
FROM THE MOST NORTHEASTERLY CORNER OF V1STA'MLLA DRI~, AS RECORDED IN PLAT BOOK
47, PAGES 60 &; 61, OF THE PUBUC RECORDS OF SEMINOLE: CCXJNTY, FLORIDA, SAID CORNER
ALSO SEING ON THE MOST SOUTHERLY RIGHT-OF-WAY UNE OF STATE ROAD 4.34, AS A POINT
Of BEGINNING, RlIN Se9'~4'41.E ALONG THE SOUlHERLY RIGHT-OF-WAY UNE or SAID
STATE ROAD 4J4 A DISTANCE OF' 250.00 FEET; l}/ENCE OEPARTlNG THE SOUTHERLY RIGHT-OF
-WAY UNE OF SAID STATE ROAD 434 RUN SOO"2S'19.W AT RIGHT ANGLES A DISTANCE OF
256.00 FEET; lliE~CE N69"J4'4'.W PARALLEL W1'TH THE SOUTHERLY RIGHT-OF-WAY UNE
OF SAID STATE ROAD 434 A DISTANCE OF 254.89 Ff;ET TO AN INTERSl::CTlON 'MTH THE
EASTERLY RIGHT-or-WAY UNE OF SAID VlSTAWlu.A DRIVE; RUN THENCE ALONG THE
EASTERLY RIGHT-OF-WAY UNE OF SAID V1STAWlLLA DRIVE THE F'OLLO'MNG COURSES AND
OISTANCES; NOS'CIS'SO"E A DISTANCE Of 4-8.97 rEET TO A POINT OF INTERSECTION
AS SHO'rItN ON SAID, V1STA'MLLA DRIVE: PLAT. '/liENeE N00"26' 45~E A DISTANCE: Of'
207.28 FEET TO "Il-lE POINT OF BEGINNING.
CONTAINING 1.47 ACRES MORE OR LESS.
FROM 407-426-7767
'J 3 - 0 4 - 9 8 1 0 : 3 8 AM
P13