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HomeMy WebLinkAbout1999 05 06 Public Hearing Agenda Item A BOARD OF ADJUSTMENT AGENDA ITEM A May 6.1999 Meeting REQUEST: Community Development Department, Land Development Division, presents to the Board of Adjustment the request of the Brossier Company for a variances to have signage which exceeds that allowed under the S.R. 434 Corridor Vision Plan, Redevelopment Area for the TEXACO station under construction at 581 East SR 434 (intersection of SR 434 and Hayes Road). PURPOSE: The purpose of this agenda item is to consider a variance request of the Brossier Company, and then recommend to the City Commission their findings on this variance request to have signage which exceeds that allowed under the S.R. 434 Corridor Vision Plan, Redevelopment Area for the TEXACO station under construction at 581 East SR 434 (intersection of SR 434 and Hayes Road). APPLICABLE CODE: Section 20-466 - 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 if such signs 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 or more 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 (200) feet. (7) Signs shall be in accordance with the following schedule: Building Size (Gross Floor Area) Maximum Copy Area Maximum Ht. Under 75,000 square feet 32 square feet 12 feet May 6, 1999 BOA Agenda Item A Page 2 NOTE: The building is 3,748 sq. ft. in size. The applicant is requesting the copy area of the sign be 88 sq. ft. Section 20-466( d) Building Mounted Single Tenant Identification Sign: In addition to the ground- mounted identification sign, a building mounted identification sign may be permitted consistent with the following criteria: (4) The sign shall not project above any roof or canopy elevations, and the top of the sign shall not be higher than fourteen (14) feet above the main entry floor. NOTE: The applicant is requesting that the sign be at the 19'8" level. (6) Signs shall conform to the following schedule: Building Size (Gross Floor Area) Max. Copy Area Max. Letter Height Less than 50,000 square feet 16 square feet 2 feet NOTE: The building is 3,748 sq. ft. in size. The TEXACO letters and logo are 3'2" in height. The applicant is requesting a total of 129.3 sq. ft. of signage to be placed on the canopy (3 TEXACO names at 37.5 sq. ft each and 3 TEXACO logos at 5.6 sq. ft. each). Section 20.466(g) Changeable Copy Signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: (l)(c) One changeable copy sign advertising the price of gasoline is permitted on gasoline station sites provided it shall not exceed twelve (12) square feet per sign face. NOTE: The applicant is requesting to have a changeable copy sign advertising the price of gasoline to be 30.25 square feet. May 6, 1999 BOA Agenda Item A Page 3 Section 20-466(e) Additional SignsN ariances: Under special circumstances, such as for parcels on comer lots, additional signs consistent with these design standards may be approved by the City Commission, upon a request submitted to the Board of Adjustment pursuant to Sec. 20-82 and 20-83 of the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary to the public interest and where, due to special conditions, a literal translation of the sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances. Sec. 20-82. Duties and powers, general. The board of adjustment shall make recommendations to the city commission to grant any variance or special exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: a. b. c. To recommend upon appeal such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to recommend any variance from the terms of this chapter, the board of adjustment must and shall find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; May 6, 1999 BOA Agenda Item A Page 4 3. That granting the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. 6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. d. ..... (2) In recommending the granting of any variance, the board of adjustment may recommend appropriate conditions and safeguards. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. (3) Under no circumstances shall the board of adjustment recommend the granting of a variance to permit a use not generally or by special exception permitted in the zoning district involved, or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning classification or district, and no permitted use of lands, structures or buildings in other zoning classifications or districts shall be considered grounds for the authorization of a vanance. (4) (5) May 6, 1999 BOA Agenda Item A Page 5 Sec. 20-83. Procedures. (a) Upon receipt, in proper form and with appropriate fees, an application for a variance, special exception or conditional use as delineated in this chapter, the board of adjustment shall schedule such application for consideration at a public meeting. (b) All such applications will be processed within sixty (60) days of receipt of same. (c) All meetings for consideration of a variance, special exception or conditional use shall be noticed for at least seven (7) days prior to the date of the meeting in the following manner: (1) Posting the affected property with a notice of the meeting which indicates the matter to be considered. (2) Posting in city hall a notice of the meeting which indicates the property affected and the matter to be discussed. (3) At least seven (7) days prior to the meeting, the board of adjustment shall also notify all owners of property adjacent to or within one hundred fifty (150) feet of the property to be affected of the time, date and place of the meeting. Such letter must also indicate the variance, special exception, or conditional use requested, and must require proof of delivery. (d) All interested persons shall be entitled to be heard at such meetings or to be heard by written statement submitted at or prior to such hearing. (e) In the event a special exception, variance or conditional use is not authorized by ordinances of the city, the person requesting the unauthorized action must submit an application pursuant to section 20-28. (f) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning regulations. Such appeal shall be taken within thirty (30) days after such decision is made by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board. The administrative official from whom the appeal is taken May 6, 1999 BOA Agenda Item A Page 6 shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers or other material constituting the record upon which the action appealed from was taken. (g) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and make recommendations to the city commission for the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. For procedural purposes, an application for a special exception shall be handled by the board of adjustment the same as for appeals. (h) Any variance, special exception or conditional use which may be granted by the council shall expire six (6) months after the effective date of such action by the city commission, unless a building permit based upon and incorporating the variance, special exception or conditional use is obtained within the aforesaid six- month period. However, the city commission may renew such variance, special exception or conditional use for one (1) additional period of six (6) months, provided good cause is shown and the application for extension shall be filed with the board at least thirty (30) days prior to the expiration of the six-month period. Any renewal may be granted without public hearing, however, a reapplication fee may be charged in an amount not to exceed the amount of the original application fee. It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance, special exception or conditional use previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed, and a building permit based upon and incorporating the variances, special exceptions or conditional uses has not been issued prior to expiration of such time limit. CHRONOLOGY: August 28, 1997 - AMOCO site plan approved August 25, 1998 - Site Plan Review Board approved a six-month extension to the original site plan approval January 21, 1999 - Revised site plan approved (project taken over by TEXACO sometime between the August 25, 1998 and January 21, 1999 time frame) May 6, 1999 BOA Agenda Item A Page 7 FINDINGS: 1) The Hess station located at the intersection ofSR 434 and Vistawilla Drive was granted similar variances, but this was done through a Development Agreement. 2) A Development Agreement is allowed under the S.R. 434 Corridor Vision plan, Redevelopment Area. The operative sections of the Vision Plan are: Section 20-470. Development Agreement Any developer may propose to enter into a developer's 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, standards, signage, and other standards. If an increase in building height beyond thirty-five (35) feet is requested, the City Commission must find that Fire Department capabilities are adequate 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. Section 20-471. Corridor Design Review Board. The Development Review Committee shall serve as the Corridor Design Review Board for developments in the Redevelopment 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 20-470 of this Code. 3) The requirements listed under Section 20-82(1)(c) have not been met. 4) The requirements of Section 20-83(c) have been met. May 6, 1999 BO A Agenda Item A Page 8 RECOMMENDA TION: The Board of Adjustment forward this application to the City Commission with the recommendation to disapprove this request. Further, the Board of Adjustment recommend to the City Commission that this request be considered under Sections 20-470 and 20-471 which address Development Agreements. ATTACHMENTS: November 10, 1997 - S.R. 434 Corridor Vision Plan, Redevelopment Area August 5, 1998 - Owner authorization granting Robert B. Reese authority to act on Ava Anthony for that property located at the intersection of SR 434 and Hayes Road April 15, 1998 (sic) - Brossier Company Letter to Don LaBlanc (sic) - Proposed ground-mounted sign - Pictures of Hess station at intersection of Vi stawill a Drive and SR 434 - Proposed canopy (building) signage BOARD OF ADJUSTMENT ACTION ~ . ~, i J,__ i CITY OF WINTER SPRINGS S.R. 434 CORRIDOR VISION PLAN REDEVELOPMENT AREA - - Revised per City Commission meeting November 10, 1997 November 14, 1997 20 Redevelopment Area ~ ,. S.R. 434 CORRIDOR VISION PLAN: REDEVELOPMENT AREA OVERLAY ZONING DISTRICT REGULATIONS DIVISION 3. GENERAL DESIGN STANDARDS FOR REDEVELOPMENT AREA See. 20-460 Applicability to Redevelopment Overlay Zoning District. The following design standards shall apply to the Redevelopment Overlay Zoning District which includes all properties (involving the entire parcel) lying within the corporate limits of the City of Wmter Springs adjacent to the S.R. 434 right-of-way from U.S. 17/92 eastward to Hayes Road. Sec. 20-461 Building Height. No building shall exceed thirty-five (35) feet in height. For the purpose of these design standards, building height shall be measured from ground level to the highest point of the coping of a flat roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Sec. 20-462 Setbacks. (1) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: Buildings Parking FRONT: S.R. 434 25 feet 10 feet Collector Street 25 feet 10 feet Internal Street 15 feet 10 feet SIDE: 10 feet 5 feet REAR: 10 feet 5 feet (2) The narrowest dimension of a lot adjoining a road right-of-way shall determine its front for the purpose of establishing yard requirements. - - (3) All sides of a lot adjacent to streets shall be considered front yards. (4) The following structures are specifically excluded from the setback restrictions: a. Steps and walks. b. Landscaping and landscape berms. C. Planters three (3) feet in height or less, or November 14, 1997 Redevelopment Area ! '" d. Other improvements as may be permitted under applicable regulations of the City. The Board of Adjustment will consider any request for the placement of such other improvements within a setback, only after a Design Review Board review and recommendation. In determining whether to recommend City consent, the Design Review Committee may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the Design Review Board in order to justify to the Design Review Board that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. Sec. 20-463 OfT-Street Parking and Driveway Requirements. (1) Paved Driveway and Parking Spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (2) On-Site Parking: All parking areas shall be on-site and shall be adequate to serve all employees, visitors and company vehicles. (3) Rights-Of-Way: Parking is prohibited on rights-of-way or along driveways. (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 not 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. Up to twenty five (25%) percent of the parking spaces may be nine (9) feet by twenty (20) feet to accommodate compact cars. (5) Handicapped Spaces: Handicapped spaces shall be provided and sized in accordance with 316.1955, 316.1956, 316.1958, 320.0843, 320.0845, 320.0848 Florida Statutes. (6) Access drive Width: Each access drive shall have a minimum width of twenty-four (24) feet. (7) Number of Access Drives: If a site has less than two hundred (200) feet of frontage on a right-of-way, one (1) access drive shall be permitted unless there is ajoint access drive, in which case two (2) may be permitted. If a site has more than two hundred (200) feet of November 14. 1997 2 Redevelopment Area , '...., frontage on a right-of-way, F.D.O.T permit guidelines (found in 1496-7 Florida Administrative Code) and restrictions shall apply. (8) Turning Radius: The minimum turning radius shall be thirty (30) feet. (9) Coordinated joint use of parking areas during off-peak hours shall be encouraged to be incorporated into the design of projects to reduce the total number of required parking spaces. (10) Whenever practical, vehicular and pedestrian circulation systems shall be separated. A system of multi-purpose walkways and bicycle paths connecting buildings, common open spaces, recreation areas, community facilities and parking areas shall be provided and adequately lighted for nighttime use. The intent is to create a pedestrian oriented system to connect all properties within the Redevelopment Area. Sec. 20-464 Landscaping. The following landscape standards establish the minimum criteria for the development of the roadways, parking areas, and other features to ensure continuity in aesthetic values throughout the corridor. (1) All areas requiring landscaping shall meet or exceed the following general landscape requirements. Such Landscaping Requirements are required for: a. That part of the site fronting a public or private right-of-way that is within the designated corridor. ~ b. Around and within all off-street parking, loading and other vehicular use areas within each site. c. Along the outside of screening walls and fences. d. Adjacent to buildings on the site to complement the architectural style. (2) All landscaping shall be installed according to accepted commercial planting procedures. Fertile soil, free of lime rock, pebbles or other construction debris shall be used in all planting pits. (3) The owner of a site shall be responsible for all landscaping so as to present a neat, healthy and orderly appearance free of refuse and debris. Any dead or dying plant material, including sod, shall be promptly replaced or shall be treated to restore healthy growth to achieve a uniform appearance. (4) All landscape areas shall be adequately irrigated with reclaimed water, where available, based on the following criteria: November 14.1997 3 Redevelopment Area a. An automatic sprinkler irrigation system shall be provided for all landscaped areas. b. The irrigation system shall be designed to provide full coverage of all landscaped areas and shall be equipped with rain sensors. c. The irrigation system shall be designed and operated to prevent or minimize run-off of irrigation water onto roadways, driveways, and adjacent properties not under the control of the owner of the site. d. The irrigation system shall be maintained so as to be in optimum working order at all times. (5) All plant material shall meet or exceed standards for Florida No.1 plants, as specified in Grades and Standards for Nursery Plants, Parts I and IT, 1973 published by the State of Florida, Department of Agriculture and Consumer Services. Trees shall be selected from the Recommended Tree Pallet found at the end of these design standards. (6) The preservation and utilization ofa site's natural trees and shrubbery is strongly encouraged. Existing vegetation shall be incorporated into the landscape concept for a site wherever practical. (7) Natural growth may be used to satisfy specific landscape requirements. Relocation of on- site landscaping material is encouraged. (8) When an access way intersects a right-of-way, landscaping may be used to define the intersection provided however that all landscaping within the triangular area described below shall provide unobstructed cross-visibility at a level between two (2) feet and six (6) feet above finished grade. Pedestrian sidewalks shall be provided in the triangular area unless another safe crossing is provided. Landscaping, except grass and ground cover, shall not be located closer than three (3) feet from the edge of any access way pavement. The triangular area shall be defined as: a. The areas of the site on both sides of an access way which lie within a triangle formed by the intersection of each curb of the access way with the street right-of-way with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. b. The area of the site located at a comer formed by the intersection of two (2) or more streets with two (2) sides of the triangular area being measured thirty (30) feet in length along the right-of-way lines from their point of intersection; and the third being a line connecting the ends of the other two (2) lines. (9) All landscape plans and specifications shall be prepared by a landscape architect licensed to practice in the State of Florida. November 14, 1997 4 Redevelopment Area (10) Not less than fifteen (15%) percent of the site shall be planted with a combination of trees shrubs and ground covers. ' (11) All parking areas and vehicular use areas shall be screened from the public right-of-way by a landscape screen. This screen may be composed of a maintenance free wall at least three (3) feet in height, or a screen of landscaping at least three (3) feet in height twelve months after planting. Walls and shrub screens shall be setback a minimum often (10) feet from the property line. (12) Concrete walkways shall be constructed adjacent to the right-of-way of SR 434 where no sidewalk currently exists. The Concrete walkways shall be a minimum five (5) feet wide. The construction of the walkways shall be coordinated with adjacent properties to ensure continuity of design. Where a sidewalk intersects a street or driveway, a curb ramp shall be installed. (13) Landscaping shall be provided between vehicular use areas and the abutting properties as follows: a. A hedge or other durable landscape screen at least thirty (30) inches in overall height above grade when planted, to grow to thirty-six (36) inches within twelve (12) months under normal growing conditions, shall be used between the common property lines. When two (2) hedges occur along a common property line, use of the same plant species is required. If a hedge exists on an adjacent property along a common property line, a duplicate hedge is not required; however, in all cases, tree planting requirements for each property shall apply. b. Live screening material shall be planted in areas not less than five (5) feet in width. Planting areas shall be mulched a minimum of two (2) inches thick with cypress mulching or other organic mulch. 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-~sign standards. (14) Landscaping shall be provided for all vehicular use areas so as to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. The requirements for landscaping in vehicular use areas are as follows and shall include at least one (1) canopy tree. (a) Parking areas shall include landscaped curbed islands at the ends of each row of parking. These islands shall be a minimum often (10) feet wide and as deep as the combined parking space(s) plus median, if any and shall include at least one (1) canopy tree. November 14,1997 5 Redevelopment Area (b) Each parking bay shall have no more than ten (10) continuous parking spaces unbroken by a landscape island. (c) Parking bays shall have a maximum offorty (40) cars. Where total parking requirements for a parcel exceed forty (40) cars, parking lots shall be broken into distinct areas separated by continuous landscaped islands at least five (5) feet wide. Landscaped islands shall contain one (1) canopy tree for every thirty (30) linear feet of island. (d) Each separate required landscaped island shall contain a minimum of one hundred sixty-two (162) square feet with a minimum interior dimension of nine (9) feet and shall include at least one (1) tree. (e) As an option, a six (6) foot wide landscaped island may be constructed between rows of parking which shall count towards the required open space. If this option is used, the parking spaces abutting the island may be shortened to nineteen (19) feet in length and the unbroken rows of parking may be extended to twenty (20) spaces. The landscaped island shall contain one tree for every thirty (30) linear feet of island. (15) A landscaped unpaved area shall surround each office building, occurring between the facade of the building and paved areas whether a parking area, drive or sidewalk as described below. a. Along the front and side of an office building a minimum landscaped area of ten (10) feet shall be maintained. Sidewalks are not considered part of the landscaped area. b. Along the rear of an office building a minimum offive (5) feet oflandscaped area shall be maintained. Loading areas may be permitted along the rear or side facade of a building. c. For retail buildings, paving may be allowed up to the facade ofa continuous storefront building if landscaping is provided intermittently along the facade of the building consistent with the following: (1) A minimum of fifty (50%) percent of the front or side with continuous storefront must be landscaped. (2) Each landscaped area must have a minimum width of three (3) feet. (16) Foundation and accent planting shall be provided around all structures for the purpose of enhancing and complementing the architectural character of the structure. (17) Additional green space and landscaping shall be required at access drives. November 14, 1997 6 Redevelopment Area (18) Drainage retention areas required on individual sites shall be sodded and designed to blend with the overall landscaping and landform of the site and may be included in the fifteen (15%) percent landscaped area. Wet retention may be permitted if conditions for dry retention cannot be met If wet retention is used, it shall be placed at the rear of a property and screened so as not to be visible from road rights-of-way or adjacent property. Wet retention may be allowed adjacent to S.R. 434 if designed to be part of a water feature. Designs of retention ponds which require fencing shall not be permitted unless it is essential to the development of a site because of a hardship. If chain link fencing is used, it must be either black, bronze or green coated. Decorative metal or masonry fencing is permitted. Wooden fencing is not permitted. (19) All stormwater management areas shall conform to the design criteria promulgated by the City of Winter Springs and the St. Johns River Water Management District. (20) A tree survey shall be submitted with any application for site plan review showing all trees over two (2) four (4) inches in caliper. Existing trees to be removed and retained shall be shown on the site plan. Prior to any site clearing activities all existing trees required to remain by the Design Review Board shall be tagged in the field for inspection and approval. Barriers shall be erected at the dripline of trees for protection against construction activities. (21) Any existing tree(s) indicated to remain on construction plans approved by the Design Review Board that are damaged or removed shall be replaced with new tree(s) consistent with Chapter 5; Section 5.5 of the City of Winter Springs Code of Ordinances. (22) All areas not otherwise landscaped, including the right-of-way, shall be sodded with St. Augustine solid sod by parcel owners. Other suitable sod may be permitted in low visibility areas or areas subject to periodic water inundation. Sec. 20-465 ButTers and Walls. (a) Buffers: A minimum ten (10) foot landscape buffer shall be provided by the developer/property owner abutting the S.R. 434 right-of-way lines at the time of development order or permit approval. The landscape buffer may be contained_within a landscape easement. (1) The developer/property owner shall be responsible for the purchase, installation, maintenance and irrigation of all required landscaping. (2) This area shall be planted with live oaks or other canopy trees (from the recommended tree pallet found at the end of these design standards) with a minimum two and one half(2 1/2) inch caliper and overall height often to twelve (10 to 12) feet at time of planting no closer than five (5) feet from the back of the right-of-way line. The trees shall be planted every fifty (50) feet. November 14, 1997 7 Redevelopment Area (3) No existing or dedicated public or private right-of-way shall be included in calculation of the buffer widths. (4) Stormwater management areas may not occur in the buffer area. (b ) Walls: All freestanding walls, sound barriers, ground sign enclosures, planters, man-made structures fronting along the designated roadway or its major intersections shall be of brick, decorative or split-faced concrete block. When these materials are used for -a visual screen, they shall conform to the architectural style, materials, and color of the development. Sec. 20-466 Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the Design ReviewBoard 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 (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 or more 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: (1) Shall only advertise the name of the commercial development companies, corporation or major enterprises within the commercial development. The primaiy address of the building ~hall be incorporated into the sign with numeralslletters 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 ten (10) 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) A wall sign shall not be higher than eight (8) feet above the closest vehicular use area. (6) Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. Novembet- 14. 1997 8 Redevelopment Area (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 pennitted one additional signs for each 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 in excess of one hundred (100) front feet and a minimum area often thousand (10,000) square feet. (b) Ground Mounted Single-Tenant Identification Sign: One (1) wide-based monument style permanent project identification sign shall be pennitted per single-tenant parcel. One additional permanent wide-based monument style project identification sign may be pennitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) Shall be located no closer than ten (10) feet from the front, side or rear property lines. (3) Shall not exceed two (2) faces. (4) Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess of four (4.0) acres, the project identification sign face may be increased to forty-eight (48) square feet. (5) Shall be consistent in design, format and materials with the architecture of the proposed building. November 14, 1997 9 Redevelopment Area (6) The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. (7) 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. ( 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 be consistent with the following criteria: (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) The sign(s) shall be clearly integrated with the architecture of the building. Shall be consistent in design, format, and materials with the architecture of the proposed building. (3) The sign(s) shall not project above any roof or canopy elevations. (4) Wall signs shall display only one (1) surface and shall not be mounted more than six (6) inches from any wall. (5) When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. (6) The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25%) percent of the building height. An anchor tenant is defined as the major retail store(s) in a center that is in excess of one hundred (100) front feet and a minimum area often thousand (10,000) square feet. (7) The length of the sign may occupy up to seventy (70%) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a Building Mounted Single Tenant Identification Sign. (8) For office buildings, one wall sign not exceeding two (2) square feet shall be permitted identifying an individual tenant. The sign shall be located adjacent to the building entrance. (d) Building Mounted Single Tenant Identification Sign: In addition to the ground-mounted identification sign, a building mounted identification sign may be permitted consistent with the following criteria: November 14, 1997 10 Redevelopment Area . (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) The identification sign is located on the exterior wall of a building. (3) The sign shall be clearly integrated with the architecture. (4) The sign shall not project above any roof or canopy elevations, and the top of the sign shall not be higher than fourteen (14) feet above the main entry floor. (5) The sign shall display only one (1) surface and shall not project more than six (6) inches from any wall. (6) Signs shall conform to the following schedule: Building Size (Gross Floor AreC\) Max. Copy Area Max. Letter Height Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet 16 square feet 32 square feet 48 square feet 2 feet 25% Height of Building 25% Height of Building (e) Additional SignsIVariances: Under special circumstances, such as for parcels on comer lots, additional signs consistent with these design standards may be approved by the City Commission, upon a request submitted to the Board of Adjustment pursuant to Sec. 20-82 and 20-83 or the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary to the public interest and where, due to special conditions, a literal translation of this sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances. (t) Commercial Outdoor Advertising (i.e. Billboards) Off-site advertising signs such as billboards are prohibited. (g) Changeable Copy Signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: (1) The sign cabinet shall be all aluminum extrusion or better as approved by staff Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: a. Changeable copy signs shall not comprise more than twenty-five (25) percent of the permitted sign area; November 14, 1997 11 Redevelopment Area b. Movie theaters and other perfonnancelentertainment facilities may utilize up to eighty (80%) percent of the permitted sign area for display of films, plays or other perfonnances currently showing. SUGh copy area shall be included as part of the permitted sign area. c. Movie theaters may use up to eighty (80%) percent of permitted wall sign area for display of names, films, plays or other perfonnances currently showing. d. One changeable copy sign advertising the price of gasoline is permitted on gasoline station sites provided it shall not exceed twelve (12) square feet per sign face. (2) The sign face shall be acrylic Pan X 15 or Equal. (3) The letters and track shall be Wagner Zip-Change or Equal. (h) Backlit Signs: Backlighting of signs, including awning signs, shall be permitted. (i) Window Signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. The total area of all window signs, temporary and pennanent, shall not exceed twenty (20%) percent of the window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are pennanently attached. G) Construction Signs: One (1) construction sign, denoting the owner, architect, landscape architect, engineer, financial institution, contractors, or containing any statement pertaining to the project for which a building permit has been obtained, will be permitted during construction. The construction sign shall not exceed sixty-four (64) square feet in area and shall not exceed fourteen (14) feet in height or width. The construction sign shall be removed from the site by the owner upon substantial completion of all construction, or upon the issuance of a final Certificate of Occupancy, whichever is sooner. If the sign is not removed when required, it may be removed by the City at the owner's expense. _ (k) Marketing Signs (e.g. "Space for Rent" sign): (1) Only one (1) marketing sign shall be permitted on each parcel during the building's "leasing period". At the end of the leasing period, marketing signage shall be removed from the site by the owner of the site. (2) All marketing signs shall be submitted to the City for approval and location prior to the sign's installation. November 14. 1997 12 Redevelopment Area (3) Marketing signs shall be set back a minimum of twenty-five (25) feet from the front , side and rear property lines. They shall not create a visibility obstruction to vehicular traffic. (4) For parcels in excess offive (5) acres or with frontage on more than one (1) road, one (1) additional marketing sign may be permitted. Signs must be a minimum of two hundred (200) feet apart. (5) Marketing signs may be double faced. Sign faces shall be parallel and mounted on the same poles. The total copy area shall not exceed sixty-four (64) square feet and no more than ten (10) feet in height. The total ofa single face shall not exceed thirty-two (32) square feet. (6) Marketing signage may be incorporated within the construction signage, but the signage shall not exceed sixty four (64) square feet in area. (7) Marketing signs may be lit so as to illuminate the lettering on the sign. (I) Political Signs only by permit. (m) Electronic date, time and temperature informational signs are permitted. Such signs shall be counted as part of the total copy area of the overall sign. (n) Prohibited Signs: The following signs and/or devices are prohibited in the corridor. (1) Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion. Signs shall not incorporate neon or reflective materials so as to create the appearance of motion. (2) Any sign painted directly on any exterior wall. (3) Signs projecting more than six (6) inches in depth. (4) Roof signs. (5) Bench signs. (6) Snipe signs (e.g. signs attached to trees and poles). (7) Freestanding signs unless otherwise provided for herein. (8) Trailer signs. (9) Signs attached to temporary structures. November 14, 1997 13 Redevelopment Area (10) Billboards (11) Any vehicle with a sign or signs attached thereto or placed thereon with three exceptions as follows: (a) any vehicle when parked or stored within the confines ofa building; or (b) any vehicle upon which is placed a sign identifying a firm or its principal product if such vehicle is one which is operated during the normal course of business and shall be parked in the least visible spot from the road; or ( c) a trailer placed on a job site during construction. (12) Pole signs. (13) Balloon signs. (14) Ribbon signs. (0) Permanent Flags: Only project flags or governmental flags shall be permitted in conformance with the following standards:' (1) One (1) flagpole and one (1) flag may be permitted per parcel. (2) The maximum width from top to bottom of any flag shall be twenty (20%) percent of the total distance of the flag pole. (3) Flagpoles shall maintain the same setback requirements as project identification signs. (4) Flagpole heights shall be between twenty (20) and (35) feet in height above grade. (5) A project flag shall only contain information permitted on the project identification sign. A project flag shall be submitted to the Design Review Board for approval. (p ) Temporary signs for special events. (1) Permits for temporary signs, such as pennant and banner signs, not otherwise prohibited are allowed for such purposes as auctions, special events, notice of opening of new businesses, and going out of business sales. Permits for temporary signs shall authorize the erection of the signs and maintenance thereof for a period not exceeding fourteen (14) days; and permits cannot be renewed on the same sign, nor shall another temporary permit be issued on the same location, within ninety (90) days from the date of expiration of any previously issued temporary permit. (2) Signs for specific events shall be removed within two (2) working days after conclusion of the event. A freestanding temporary sign shall be no larger than thirty- two (32) square feet, and may be double sided. Banner signs may be sized to extend across roads. November 14, 1997 14 Redevelopment Area (q) Maintenance: All signs and associated apparatus shall be maintained by the owner of the site. Violations shall be processed through the City's Code Enforcement Division. (r) Nonconforming Signs. (1) Any sign, other than billboards, having an original cost in excess of one hundred ($100) dollars and which is nonconforming as to permitted sign area or any other reason which would necessitate the complete removal or total replacement of the sign, may be maintained a period of from one (1) to five (5) years from the effective date of these design standards. The term of years to be determined by the cost of the sign or of renovation, including installation cost, shall be as follows: Original Sign cost or Renovation Cost Permitted Years from Effective Date of Design Standards $0 to $3,000 $3,001 to $10,000 Over $10,000 2 3 5 (2) Any owner of a sign who desires to rely upon an amortization period longer than three (3) years shall file with the City within one (1) year from the effective date of these design standards, a statement setting forth the cost and date of the most recent renovation, and a written agreement to remove or bring into conformance the nonconforming sign at or prior to the expiration of the amortization period applicable to that sign. The maximum period to amortize a sign shall be five (5) years. (3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement, City of Winter Springs Code of Ordinances. Sec. 20-467 Utility Lines. All new or relocated utility lines within the designated corridor shall be constructed and installed beneath the surface of the ground unless it is determined by the City that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impracticable. (1) It shall be the developer's responsibility on-site to make the necessary arrangement with each utility in accordance with the utility's established policy. (2) The underground installation of incidental appurtenances, such as transformer boxes, switch boxes, or pedestal mounted boxes for the provision of electricity shall not be required. However, such appurtenances where not rendered impractical by the determination of the November 14, 1997 15 Redevelopment Area City shall be installed on the site of any development approved after the adoption of this section. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adoption of this section shall be set back a minimum of fifteen (15) feet from any right-of-way and visually screened using landscape materials or masonry construction in conformance with these land development regulations. Sec. 20-468 Corridor Access Management. (a) A system of joint use curbed driveways and cross access easements shall be established wherever feasible along the S.R. 434 Corridor and the building site shall incorporate the following: (1) A cross access corridor extending the entire length of each block served to provide for driveway separation (consistent with the access classification system and standards). (2) A design speed often (10) mph and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles. (3) Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive. (4) A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever feasible. (b) Shared parking areas shall be permitted a reduction in required parking spaces if peak demand periods for proposed land uses do not occur at the same time periods. ( c) Pursuant to this section, property owners shall: (1) Record an easement in the public records allowing cross access to and from other properties served by the joint use driveways and cross access or service drive; (2) Record an agreement in the public records that remaining access rights along the thoroughfare will be dedicated to the City of Winter Springs and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway. (3) Record a joint maintenance agreement in the public records defining maintenance responsi~ilities of property owners. November 14, 1997 16 Redevelopment Area (d) The City Engineer may reduce required separation distance of access points, except as provided in (f), where they prove impractical, provided all of the following requirements are met: (1) Joint access driveways and cross access easements are provided where feasible in accordance with this section. (2) The site plan incorporates a unified access and circulation system in accordance with this section. (3) The property owner shall enter a written agreement with the City of Winter Springs, recorded in the public records, that pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway. (e) In the design ofa system of joint use driveways and cross access easements, building sites involving garage doors and bays associated with any use within the district shall be located perpendicular to S.R. 434. Sec. 20-469 Building and Screening Design Guidelines (1) Projects are encouraged to use materials consistent with materials used in the area. Acceptable materials include stucco, concrete block, reinforced concrete with tile, and brick and terra cotta accent material. Inappropriate materials are river rock, unfinished timber (unpainted), shake roofs, reflective/mirror glass, and metal siding. Materials should be of high quality and well crafted. (2) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heating units, etc., must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or other similar screening material which is architecturally compatible and consistent with the associated building. Such screening material shall extend at least one (1) foot above the object to be screened. If landscaping is utilized, the plantings must be high enough within one (1) year of planting to provide a screen which will screen the entire unit. In the case of satellite dishes, they shall be screened from view from ground level of adjacent rights-of-way and properties by buildings, dense landscaping or screen walls. The Design Review Board may permit dishes on buildings if no part of the dish is visible from the ground of surrounding properties. Setbacks for antennas and satellite dishes shall be the same as the building setbacks. (3) Dumpsters and similar facilities shall be screened on all four (4) sides from public view. Both sides and the rear of such facilities shall be screened by an opaque concrete wall, or similar material. Dumpsters shall be placed in an area that is least visible from a public right- of-way. November 14,1997 17 Redevelopment Area (4) All storage areas shall be screened from view from the right-of-way and from adjacent residential zoning districts. Screening enclosures may consist of any combination of landscaping and opaque building materials. Ifbuilding materials are utilized, such material shall be consistent with the architectural design of the principal structures. (5) Side and rear elevations of buildings visible from a public street or adjacent property shall be designed in the same architectural style as the main facade. (6) All doors for service entrances or bays shall not face a public street unless they are screened to obscure service activities. (7) Outparcels in vacant parcels that are developed or where the entire center is redeveloped, shall conform to the architectural, signage, and landscape theme of the overall project and must share an internal access with the overall project. (8) Newspaper, magazine and other such vending machines, ATM's, pay telephones, and trash receptacles shall be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. (9) Exterior lighting shall be a cut-off light source to protect adjacent properties from glare. All exterior lighting shall be consistent and compatible throughout the project. (10) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design offront facades as appropriate to promote pedestrian activity. (11) Backflow preventers and other above ground valves shall be screened so they are not visible from the street right-of-way using either landscaping or an opaque building material and shall be subject to buffer setback requirements. (12) A bicycle parking area, with bicycle racks, shall be incorporated into a project near the main entrance to the building. Such parking area with racks shall not be located on sidewalks. (13) Drive-thru pick up windows shall not be permitted on the front or sides ofa building fronting on S.R. 434. Sec. 20-470 Development Agreement Any developer may propose to enter into a developer's 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 November 14, 1997 18 Redc:velopmcnt Area height beyond thirty-five (35) feet is requested, the City Commission must find that Fire Department capabilities are adequate 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. Sec. 20-471 Corridor Design Review Board. The Development Review Committee shall serve as the Corridor Design Review Board for developments in the Redevelopment 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 20-470 of this Code. November 14, 1997 19 Redevelopment Area