HomeMy WebLinkAbout1998 12 14 Public Hearings Item A
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearine XX
Reeular
December 14. 1998
Meeting
MGR. ~ /D~
REQUEST: The Community Development Department, Land Development Division presents
to the Commission the Second Public Hearing for the Development Agreement for
Tuscawilla Tract 15, Parcel Ie.
PURPOSE: The purpose of this agenda item is for the City Commission to hold a 2nd Public
Hearing to consider the Development Agreement for Tuscawil1a Tract 15, Parcel
Ie. ParcellC is located to the south ofSR 434, east of Creeks Run Subdivision,
north of Howell Creek Reserve subdivision, and west of Vistawilla Drive.
FINDINGS: 1) The City Commission approved the First Public Hearing for the Development
Agreement at the December 7, 1998 meeting.
2) The requirements of Florida Statutes 163.3225 have been satisfied.
RECOMMENDA TION:
It is recommended that the City Commission approve the Development Agreement
for Tuscawilla Tract 15, ParcellC, as presented at the December 7,1998 meeting.
A TT ACHMENTS:
December 7, 1998
- Commission Public Hearing Agenda Item A package
without attachments
- Development Agreement without exhibits
COMMISSION ACTION:
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
xx
December 7. 1998
Meeting
REQUEST: The Community Development Department, Land Development Division presents
to the Commission the recommendations agreed upon at the Commission Meeting
of November 23, 1998 as it relates to a Development Agreement for Tuscawilla
Tract 15, Parcel I C.
PURPOSE: The purpose of this agenda item is for the City Commission to hold a 1 st Public
Hearing to consider the recommendations agreed upon at the Commission Meeting
of November 23, 1998 as it relates to a Development Agreement for Tuscawilla
Tract 15, ParcellC. Parcel IC is located to the south ofSR 434, east of Creeks
Run subdivision, north of Howell Creek Reserve subdivision, and west of
Vistawilla Drive.
APPLICABLE CODE OR LAW:
S.R. 434 CORRIDOR VISION PLAN, NEW DEVELOPMENT AREA
Section 20-451 OfT-Street Parking and Driveway Requirements.
(4) Parking Space Size: Each off-street parking space shall be a minimum of
two hundred (200) square feet, 10' x 20', in addition to space for access drives
and aisles. The minimum width of each space shall be ten (10) feet. The two (2)
foot area of paving at the end of each parking space may be omitted provided the
area is landscaped with sod or another acceptable ground cover. The two (2) foot
landscaped area shall be counted toward any other green space requirement or
setback. Lines demarcating parking spaces may be drawn at various angles in
relation to curbs or aisles, so long as the parking spaces so created contain within
them the rectangular area required.
December 7, 1998
PUBLIC HEARING AGENDA ITEM A
Page 2
Section 20-452 Landscaping.
(13) Landscaping shall be provided between vehicular use areas and the
abutting properties as follows"
c. At least one tree shall occur for every seventy five (75) linear feet, or
fraction thereof, along side (non-street side) and rear property lines. These
trees shall be any canopy tree selected from the recommended plant pallet
found at the end of these design standards.
Section 20-454 Signs.
All signs and sign elements, including shape, form, lighting, materials, size, color
and location shall be subject to approval by the Design Review Board is 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 (1) 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 on a major road, one (1)
additional sign may be permitted. The minimum separation for all signs on an
individual ownership parcel shall be two hundred (200) feet and: .....
(b) Ground Mounted Single-Tenant Identification Sign: ..... The minimum
separation for all signs on an individual ownership parcel shall be two
hundred (200) feet.
(6) The sign shall not be more than eight (8) feet in height above the
closest driveway or vehicular use area.
( c) Building Mounted Multi-Tenant Identification Sign for Buildings with
Separate Exterior Tenant Entrances: In addition to the ground mounted
identification sign, tenant signs shall be permitted on the exterior walls of the
building at a location near the principal tenant entrance, and shall be consistent
with the following criteria:
(3) The sign(s) shall not either project above any roof or exceed
a height of 14 feet.
December 7, 1998
PUBLIC HEARING AGENDA ITEM A
Page 3
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 to address the change. Such consideration
shall be 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.
Section 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.
Florida 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
December 7, 1998
PUBLIC HEARING AGENDA ITEM A
Page 4
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 uses 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 has submitted engineering plans for the Kash n'Karry site with
two (2) out parcels and the Courtney Springs Apartments site.
2) The developer has requested a variance to allow an extra single tenant sign for
the Kash n'Karry site to be located on Vistawilla Drive. Developer is allowed two
(2) ground-mounted, multi-tenant signs, both to be located on SR 434 frontage.
3) The developer has requested a height variance for three (3) ground-mounted,
single tenant signs from 8' in height to 8'9" in height. One (1) sign is to be located
on Kash n'Karry future out parcel 1, one (1) sign is be located on Kash n'Karry
future out parcel 2, and the third sign is the Kash n'Karry sign described in
paragraph 2) above.
4) The developer has requested a height variance for the Kash n'Karry and
accompanying tenant, building mounted signs from 14' to that listed below:
a. the primary sign (anchor tenant) is from 25'6" at base to 33'6" at top;
b. the liquor store and.the eastern most retail sign are from 19'6" at base
to 21'6" at top; and,
c. the smaller stores will be from 16'6" at base to 18'6" at top.
5) The developer has requested a size variance of the parking spaces from
10' X 20' to 9' X 20' for one hundred fifty four (154) spaces.
6) The developer has requested a variance on the Courtney Springs site to allow
two (2) wing walls of approximately sixty (60) feet in length with the Courtney
Springs identification on each side of the entryway into the complex. Further, the
crown of the sign is allowed a variance to exceed the eight (8) foot height
December 7, 1998
PUBLIC HEARING AGENDA ITEM A
Page 5
requirement - namely the crown of the sign, for a distance of about fifteen (15)
feet, will be allowed to be twelve (12) feet in height.
7) The developer has requested a variance, on the Courtney Springs site, for the
use of 12' Wax Myrtle trees, or other fast growing trees, along the rear property
line separating the apartments from the residential community rather than canopy
trees. Approximately twenty two (22) of these trees will be planted.
8) The City will acquire ownership of the FDOT retention pond, provided the
developer provide:
a. the City and the Developer shall share the costs associated with this
acquisition with a cap of $1,500.00 for each party. If the cost exceeds the
cap, the City Manager or his designee shall return to the City Commission
for further direction;
b. enhanced landscaping, approved by the City, around the pond;
c. the entire SR 434 side of the pond have a decorative fence
consistent with that approved for the SR 434 frontage for the apartments
and secured black vinyl fences on the other three (3) sides of the pond;
d. a lighted fountain in the pond;
e. in perpetuity maintenance agreement for landscaping, fencing and
operations of the fountain, relative to the pond; and,
f. $1,000,000.00 insurance coverage for liability.
9) The developer, to the rear ofKash n'Karry future out parcel 2 shall dedicate a
50' X 5' easement (or give the property to either the Tuscawilla HOA (THOA) or
the Tuscawilla Beautification District (TBD) for their entry sign into Tuscawilla.
This easement will commence at the Vistawilla Drive right of way and go in a
northwesterly direction. The developer shall also dedicate (or give) to the THO A
or the TBD a minimum 20' X 5' easement on the east side of Vistawilla Drive for
placement of a sign. The developer is not required to expend any funds or to be
involved in the design and construction of these signs.
10) The developer, to the rear of Kash n'Karry future out parcel 2 shall construct
a brick wall commencing at the termination of the 50' long easement described in
paragraph 9) above, and extending northwesterly 50'. This brick wall will be
compatible with the wall at Eagle's Watch subdivision on the east side of Vistawilla
Drive. The remainder of the wall along this property line will be stucco. A stucco
December 7, 1998
PUBLIC HEARING AGENDA ITEM A
Page 6
wall will also be built on the rear line of the apartment complex to act as a buffer
between the apartments and the residential community to the south.
11) The Kash n'Karry future out parcel 2 shall be office use only.
12) The developer is to pay 50% of the cost of under grounding of electric utility
lines and poles on SR 434 to the western edge of the FDOT pond ($31,825.50).
FINDINGS: 1) 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, signage, and other standards.
2) The developer has requested the following variances:
a. to have one (1) additional ground mounted, single tenant sign on
Vistawilla Drive for Kash n'Karry;
b. a height variance from 8' to 8'9" for three (3) ground mounted, single
tenant signs (one (1) sign on Kash n'Karry future out parcell, another on
Kash n'Karry future out parcel 2 and the final one for the Kash n'Karry
sign on Vistawilla Drive;
c. a height variance for the building mounted signs from 14' to:
1) anchor tenant sign from 25'6" at base to 33'6" at top;
2) the liquor store and the eastern most retail sign from 19'6" at
base to 21'6" at top; and,
3) the smaller stores from 16'6" at base to 18'6" at top.
d. one hundred fifty four parking spaces at Courtney Springs be reduced
in size from 10' X 20' to 9' X 20';
e. a variance from the requirements of canopy trees buffering the
apartment site from the southern residential subdivision and to allow 12'
Wax Myrtles, or some other fast growing trees. Twenty two (22) of these
trees will be planted; and,
f for Courtney Springs to have two (2) wing walls of approximately
sixty (60) feet in length with the Courtney Springs identification on each
face on each side of the entryway into the complex. Further, the crown of
the sign is allowed a variance to exceed the eight (8) foot height
requirement - namely the crown of the sign for a distance of about fifteen
(15) feet will be allowed to be twelve (12) feet in height.
December 7, 1998
PUBLIC HEARING AGENDA ITEM A
Page 7
3) The City will acquire ownership of the FDOT pond, provided the
developer provide:
a. the City and the Developer shall share the costs associated with this
acquisition with a cap of$1,500.00 for each party. If the cost is more than
the cap, the City Manager or his designee shall return to the City
Commission for further direction;
b. enhanced landscaping, approved by the City, around the pond;
c. the entire SR 434 side of the pond have a decorative fence
consistent with that approved for the SR 434 frontage for the apartments
and secured black vinyl fences on the other three (3) sides of the pond;
d. a lighted fountain in the pond;
e. in perpetuity maintenance agreement for landscaping, fencing and
operations of the fountain, relative to the pond; and,
f. $1,000,000.00 insurance coverage for liability.
4) the developer shall dedicate (or deed the property) a 50' X 5' easement to the
rear of Kash n'Karry future out parcel 2 in favor of the Tuscawilla HOA (THOA)
or the Tuscawilla Beautification District (TBD) for their entry sign into
Tuscawilla. This easement will commence at the Vistawilla Drive right of way and
go in a northwesterly direction. The developer shall also dedicate (or deed) to the
THO A or the TBD a minimum 20' X 5' easement on the east side of Vista willa
Drive for placement of a sign. The developer is not required to expend any funds
or to be involved in the design and construction of these signs;
5) the developer, to the rear of the Kash n'Karry future out parcel 2 shall
construct a brick wall commencing at the termination of the 50' long easement
described in paragraph 4) above, and extending northwesterly 50'. This brick wall
will be compatible with the wall at Eagle's Watch subdivision on the east side of
Vistawilla Drive. The remainder of the wall along this property will be stucco. A
stucco wall will also be built on the rear line of the apartment complex to act as a
buffer between the apartments and the residential community to the south;
6) the Kash n'Karry future out parcel 2 shall be office use only;
7) the developer is to pay 50% of the cost of under grounding of electric utility
lines and poles on SR 434 to the western edge of the FDOT pond ($31,825.50);
,,' . Jo..,
December 7, 1998
PUBLIC HEARING AGENDA ITEM A
Page 8
8) 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;
9) acceptable remedies to the site constraints are defined in the attached, proposed
Development Agreement;
10) The Development Review Committee has reviewed the proposed
Development Agreement and offer no objections to the agreement as presented;
and,
11) The requirements of Florida Statutes, 163.3225 have been satisfied
RECOMMENDA TION:
It is recommended that the City Commission approve the Development Agreement
for Tuscawilla Tract 15, ParcellC, as presented.
ATTACHMENTS:
December 1, 1997
- S.R. 434 Corridor Vision Plan, New Development Area,
Revised per City Commission Meeting November
24, 1997
- Proposed Development Agreement
NOTE: THE DAY, TIME, AND PLACE AT WHICH THE SECOND PUBLIC
HEARING WILL BE HELD SHALL BE ANNOUNCED AT THE FffiST
PUBLIC HEARING.
DAY
TIME
PLACE
- MONDAY, DECEMBER 14, 1998
- 6:30 P.M.
- COMMISSION CHAMBERS
WINTER SPRINGS CITY HALL
1126 EAST SR 434
WINTER SPRINGSFL 32708
COMMISSION ACTION: