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Home My WebLink About2006 01 04 Regular Item 301 Vistawilla Office PLANNING & ZONING BOARD January 4,2006 Meeting Consent Information Public Hearin2 Re2ular X ITEM 301 MGR. /Dept. REQUEST: The Community Development Department requests the Planning and Zoning Board consider the final engineering/site plan for Phase I ofthe Vistawilla Office, located on the south side of SR 434, just west of the Greeneway interchange. PURPOSE: To review the Final Engineering/Site Plan and make a recommendation to the City Commission regarding the Phase I (only) ofa 79,800 square foot (S.F.) office complex, comprised of two (2) 3-story buildings on a 9.17 acre site abutting SR 434 within the Tuscawilla Planned Unit Development (PUD). Phase I includes the westernmost building and its associated parking area and dumpster - Phase II includes the second building, its associated parking, and use of an existing curb-cut that serves the Cross-Seminole Trail. Final Engineering/Site Plan for Phase II will be approved, permitted, and constructed separately. The site is subject to the SR 434 New Development Overlay Zoning District regulations (sections 20-463 through 20-474) and existing development agreement and settlement agreement. The applicant proposes either an amendment to the existing development agreement or a new development agreement - whichever is acceptable to the City Attorney - to allow the buildings to be constructed closer than the 50 foot front setback set forth in Section 20-465 (a), as noted in the existing development agreement. APPLICABLE LAW: Chapter 166, Florida Statutes. Comprehensive Plan Chapter 5 (Code), Tree Protection and Preservation. Chapter 9 (Code). Land Development. Chapter 20 (Code). Zoning. January 4, 2006 Regular Item 301 Page 2 of8 CHRONOLOGY: March 28, 2005- Mr. Tom Corkery commented during public input on his desire to construct two "beautiful" office buildings on property available on the south side of SR 434 and east of the Hess station. August 22, 2005- Conceptual Plan approved by the City Commission (relative to the reduced setback from 50' to 25' along SR 434) for construction of two office buildings totaling 79,000 SF. CONSIDERATIONS: OVERVIEW: The 9.17 acre site is located on the south side of SR 434 within an undeveloped portion of the Tuscawilla PUD that is designated for commercial uses. It has a Commercial Future Land Use designation. The portion of the site that is proposed for development (for both Phase I & Phase II) contains very few trees that exceed the 4-inch caliper threshold for consideration as a tree, pursuant to Chapter 5 of the City Code. The onsite wetland is included in an existing conservation easement (recorded in Official Record Book 3424, Page 651). An existing storm-water management pond (drainage & retention easement O.R.B. 3424, Page 643), located in the southeast portion of the site, adjacent to the north side of the Eagle's Watch Phase II subdivision (Plat Book 50, Pages 20-21), will accommodate runoff from the site. CONCEPTUAL APPROVAL & CODE DEVIATIONS: A non-binding conceptual approval was granted for the project by the City Commission on August 22,2005, for two (2) 39,500 S.F. buildings. The Commission and staff both supported a deviation from the 50 foot SR 434 building setback, to move the buildings closer to the SR 434 right-of-way (ROW). No site lighting plan has been provided, although required by Code - the applicant is waiting on Progress Energy to prepare the plan (staff supports the site plan moving forward without the lighting plan, subject to said plan being properly coordinated with the landscape plan to avoid conflicts, ensuring no off-site spillage greater than 0.5 foot candles, and that the plan be approved, and lighting properly installed before any certificate of occupancy is issued). Any deviation from the Code that is consistent with existing law, the Comprehensive Plan, and other applicable state, federal, or regional regulations must be adequately addressed through a development agreement or other appropriate mechanism determined acceptable by the City Attorney. PARKING: Commission comments during the Conceptual review included concerns about a resulting sea of asphalt. The code includes provisions to provide visual and climatic relief from broad expanses of pavement. Section 20-468 (14) c of the SR 434 Overlay District requires that parking areas are divided into distinct areas of not more than 40 cars per bay. Phase I meets this criteria, however Phase II (as illustrated on the attached plans) does not and therefore is not to be considered at this time. LANDSCAPING: The Final Engineering/Site Plan for Phase I still does not adequately address the required 15' landscape buffer along SR 434 [Code Section 20-469]. [The buffer is to be 2 January 4, 2006 Regular Item 301 Page 3 of8 planted with live oaks or other deciduous trees, every 50' on center, with a minimum two and one-half (2.5) inch caliper and overall height of ten (10) to twelve (12) feet, at time of planting. In addition a minimum of four (4) sub canopy trees and two (2) deciduous trees per one hundred (100) feet of frontage or fraction thereof shall be planted in and about the buffer.] The engineer states that the proposed pervious surface or landscaping for Phase I is 26.5%, but it is not clear whether this percentage is including sodded areas. Code section 20-468(10) states that office buildings are required to have at least twenty-five (25%) percent of the overall site planted with a combination of trees, shrubs, and ground covers. (Sod is not considered a groundcover.) The addition of the 15' landscape buffer will reduce the amount of sodded area included and will result in increasing the overall percentage of the site planted with trees, shrubs, and ground covers. The landscape architect has been contacted directly and the plans are being revised to clearly demonstrate code compliance. LISTED SPECIES: The site contains at least one gopher tortoise burrow. The applicant proposes to relocate the gopher tortoise(s) to a safe on-site location before construction commences and will provide the City with copies of applicable permits and approvals at or before the pre-construction conference that precedes any clearing or other site development activities. The north-east corner of the site is within approximately 1,100 feet of the former location of a tree that had held an eagle's nest (on the northeast side of the Greeneway interchange at SR 434). The applicant's environmental consultant, Breedlove, Dennis & Associates (BDA) states that the nest was determined "inactive" during the 2003-2004 nesting season and "gone" during the 2004-2005 nesting season. The current nest is reported to be in the remains of a dead tree and is deteriorating; adjacent suitable nest trees are also dead; the consultant states that they believe it is unlikely that the dead pine tree will be used for nesting. BDA has provided staff with a copy ofthe U.S. Fish & Wildlife Service "CLEARANCE TO PROCEED WITH CONSTRUCTION ACTIVITIES ADJACENT TO BALD EAGLE NESTS" letter of December 13, 2005. ACCESS & TRAFFIC: The site has access to SR 434 through the existing curb-cut at the northeast comer of the Hess station (a reciprocal driveway easement, recorded in O.R. B. 3424, Page 654) and through the existing curb-cut that the Cross-Seminole Trail uses for access. Access will also be provided to and from Vistawilla Drive through the access road, located on the south side of the existing Hess gas station. The paved portion of the access road presently ends in a cul-de-sac located on the subject property (temporary access easement: O.R.B. 3424, Page 661). The applicant has submitted a traffic study that has been determined acceptable by the City Engineer. Phase I has been determined acceptable, with no on-site or off-site improvements required and no Level of Service (LOS) deficiencies found. Each building requires 100 parking spaces, pursuant to Section 9-277 (24) of the City Code. The applicant proposes 138 spaces in Phase I, five (5) of which must be handicap accessible (8 HC spaces are required for the entire project), pursuant to Chapter 11 of the Florida Building Code. Accessible spaces serving a particular building must be located on the shortest safely accessible route of travel from adjacent parking to an accessible entrance to that building. 3 January 4,2006 Regular Item 30 I Page 4 of8 UTILITIES: Dumpsters, transformers, backflow preventers, HV AC equipment, and other utility items, as well as storage facilities must be adequately screened from public ROWs, pursuant to Section 20-473. All on-site utilities must be installed underground, pursuant to Section 20-471. Potable water and sanitary sewer are provided through an existing 50 foot wide easement (O.R.B. 4437, Page54) that extends generally east and west through the site, just north of the wetland and the storm-water pond, basically aligning with the access road that intersects Vistawilla Drive at the south of the Hess station. FINDINGS: 1. The Vistawilla Office site is located on the south side of SR 434, west of the Greeneway interchange and east of the Hess gas station, within both the Commercial portion of the Tuscawilla PUD and within the SR 434 New Development Overlay Zoning District. 2. The Vistawilla Office Phase I Final Engineering/Site Plan is consistent with the Comprehensive Plan. 3. Approval ofthe Vistawilla Office Final Engineering/Site Plan is for Phase I only. Phase II will require revisions to the engineering before it is ready for approval. 4. Approval of the Vistawilla Office Final Engineering/Site Plan Phase I is contingent upon the landscape plans being revised to address Code Section 20-468 (10) and Section 20-469. 5. Additional code deviations must be adequately addressed through a development agreement, waiver, or variance, as may be deemed necessary and/or appropriate by the City Attorney. The conceptual approval of the deviation from the City Code to allow buildings to be constructed closer than 50 feet from the SR 434 ROW line [subsection 20-465 (a)] has not yet been formalized. In addition, a lighting plan [subsections 20-467 (j) and subsection 20-473 (h)] has not been submitted as required by code and the applicant is asking that it be submitted is another deviation from the Code that must be formalized. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend Approval of Phase I of the Vistawilla Office Final Engineering/Site Plan, subject to the findings stated above. ATTACHMENTS: A Concept plan approved by the City Commission on August 22, 2005 B. Minutes of August 22,2005, Commission meeting C. Final Engineering and Landscape Plans for Phase I P&Z ACTION: 4 January 4,2006 Regular Item 301 Page 5 of8 ATTACHMENT A IZ ~:I J-. . i; ~~ he '1"' j Ii~i .. ....". ~ C r 2,.', i~. ~ 1= ~! I ......'..... ill!!!j i.~ I~ ~1I I ! ..' . 'Ill ail i II ~ ~ I ; i 1111' j ... I. '. ~ .. ,., ... ~ ... E II> I I l' 5 . . i I L if i 2 ~ ~ .. .. I >- ; t I, I, Ii " :i II!' Ul ~I!I I..bl,.! 'I~I tl II ,b_) "'11' I (illli i !b~I!~, ) i i January 4, 2006 Regular Item 301 Page 6 of8 ATTACHMENTB CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 22, 2005 REGULAR 504. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 2-Phase, 79,000 Square Foot Office Development On 9.17 Acres In The Tuscawilla Planned Unit Development (PUD), Located On The South Side Of SR (State Road) 434, Immediately Adjacent To The East Side Of The Hess Station, Located At The Intersection Of S.R. (State Road) 434 And Vistawilla Drive. Mr. Baker introduced this Agenda Item. With discussion, Commissioner Miller said, "I am wondering if we need to discuss the parking, Ron [McLemore] - at some point, because it is just a huge parking lot - it is just all asphalt. And if that is the only way we can have two (2) office buildings then so be it, but I think we need to look seriously at some alternative." Tape 3/Side B Further discussion. COMMISSIONER McGINNIS SAID, "AREN'T YOU GOING TO DO A PARKING STUDY ANYWAY?" MR. BAKER SAID, "THAT WILL BE PART OF THE SITE PLAN REVIEW." "I WILL MAKE A MOTION THAT WE APPROVE ITEM '504' RELATIVE TO THE SETBACK FROM THE [STATE ROAD] 434 RIGHT OF WAY." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE CONSIDER OR HAVE THE DEVELOPER - LOOK INTO THE POSSIBILITY OF A PARKING GARAGE ON THE SITE THAT WOULD FREE UP A LOT OF THE AREA AS PART OF HIS PARKING CONCEPT STUDY." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. 6 January 4,2006 Regular Item 301 Page 7 of8 VOTE: (ON THE AMENDMENT) DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush said, "Need a Motion to extend the Meeting." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. COMMISSIONER McGINNIS ADDED, "ONE HOUR." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. 7 .. January 4,2006 Regular Item 301 Page 8 of8 ATTACHMENT C Final Engineering and Landscape Plans for Phase I 8