HomeMy WebLinkAbout2003 10 20 Regular 501 Changing Floor Plan
COMMISSION AGENDA
ITEM 501
Consent
Information
Public Hearin
Re ular
x
October 20. 2003
Meeting
MGR. ~/Dept.
REQUEST:
The Community Development Department requests that the City Commission, in its capacity as
the DRC, reconsider a request to change the floor-plan for the one remaining empty bay at
Building No 11 (JDC Town Center), between Rachel Nichol's and a dentist office.
PURPOSE:
The purpose of this agenda item is to determine if the City Commission desires to amend its
direction provided at the October 13, 2003 Regular Agenda Item 506, Tenant Build-Out-Floor-
Plan for ShapeXpress, the one remaining empty bay at Building No. 11 at the JDC Town Center,
in light of new information regarding a permitting error.
CONSIDERATIONS:
The information provided in the packet for Regular Agenda Item 506, regarding tenant build-out
for Building 11, Suite D, at the JDC Calhoun town center, and stating that the floorplan
amendment moving the bathroom from the center of the building closer to the S.R. 434 front of
the building was incorrect. A review of the record of this matter indicates that a building permit
for Building 11 had been issued for the floorplan consistent with that which was approved by the
City Commission at its April 22, 2002 meeting. A revision was received in September of 2002
to move the bathroom closer to S.R. 434. The plan revision was noted "hold for planning
review". However, the Permit Officer thought Planning had approved the revision and issued a
permit for the revision in error in November, without the revision having received planning
review for consistency with town center requirements (most pertinent to this being Section 20-
325 of the City Code of Ordinances).
1
October 20, 2003
Regular Item 501
Page 2
Based upon the information presented in the October 13, 2003 Agenda Item the Commission
directed staff to work with the tenant to work out a compromise floorplan which would include
an entranceway sign on the S.R. 434 side of the building.
In light of this new information indicating that the City issued a permit for the revision without
all pertinent approvals the City Commission could choose any of the following options.
1. approve the floorplan as permitted in error;
2. approve the floorplan with modifications; or
3. Leave the direction provided in the October 13,2003 meeting unchanged, which stated
that the tenant and staff should get together and work out a compromise solution which
would include an entrance sign on the S.R. 434 front of the building.
RECOMMENDATIONS:
Staff recommends that the City Commission, in its capacity as the DRC, determine if it desires to
amend its direction of October 13,2003 Agenda Item 506.
ATTACHMENTS:
October 13,2003 Regular 506 Agenda Item packet
COMMISSION ACTION:
2
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COMMISSION AGENDA
ITEM 506
Consent
Information
Public Hearing
Regular X
-'
October 13, 2003
Meeting
MGR. fJ---- /Dept. j/f-
REQUEST:
The Community Development Department requests that the City Commission, in its capacity as
the DRC, consider a request to change the floor-plan for the one remaining empty bay at Building
No 11 (IDC Town Center), between Rachel Nichol's and a dentist office.
PURPOSE:
The purpose of this agenda item is to review the tenant build-out floor-plan for ShapeXpress, the
one remaining empty bay at Building No. 11 at the IDC Town Center.
\
CONSIDERATIONS:
The building plans for the proposed ShapeXpress (Building 11, Suite D) depict the main entrance
to the business facing the parking lot and the secondary entrance facing SR 434. This is evident,
given the location ofthe reception desk. The building plans did not depict which side fronted on
SR 434 and which side faced the parking lot, so staff requested the project architect, Cuhaci &
Peterson, label each side. Attachment A is the response from the architect.
It appears that the rest-rooms were constructed in their current location (approximately 10' from
the SR 434 frontage) without appropriate town center approval, approximately a year ago. On
April 22, 2002, when the City Commission approved the building elevations and floor-plans for
buildings 9, 11,13, and 14, the agenda item included an attached memo from James Dougherty
(Dover Kohl & Partners) stating the need to have restrooms in the center of the building in order
to have the front of the building and its main entrance face the primary space (here, the street
frontage).
The applicant, the proprietor of ShapeXpress, states that he "inherited" the bay with the existing
restroom location and has designed his space accordingly. He has stated that he has tried a
1
October 13,2003
Regular Item 505
Page 2 .
number of floor-plans and that the one proposed is the best scenario for his facility - and that this
particular plan is the only one that effectively works for his business, given the existing restroom
location.
Chapter 3 of the Florida Building Code addresses occupancy classifications. Use as a fitness
facility is considered "assembly." Assembly has different standards, because it typically
accommodates a higher occupant load (more people per area) than does either mercantile or
business office. Staff investigated the proposed plans for conformance with assembly
requirements ofthe building code. The plans appear to meet applicable assembly-related
building code requirements for the number of occupants (occupancy calculated on the 70' x 32' =
2,240 SF area).
The proprietor of Rachel Nichol's, an adjacent business owner, has voiced concern about noise
from the ShapeXpress. Please see the attached correspondence from the various entities.
The City Manager, City Attorney, and Dover Kohl and Partners have met with the James Doran
Company representatives to explain the Town Center requirement that the main entrance must
front the primary space.
FINDINGS:
1. The City Commission, in its capacity as the Development Review Committee, is authorized,
through the Town Center Code, to review interior building layouts and any amendments to
ensure that the main entrance fronts the primary space.
2. Section 20 -325 ofthe City Code of Ordinances, [Town Center] "Squares, parks, and street
types" requires "The front of a building and its main entrance must face the primary space."
3. Dover Kohl and staffhave documented the problem whereby tenants at the JDC Calhoun
Town Center have faced their businesses toward the parking lot.
4. Dover Kohl and staff have documented that engaging and inviting business fronts (i.e. onto the
street frontage) are very important to a successful town center.
5. The build-out plan for ShapeXpress is inconsistent with Section 20-325 ofthe City Code. The
business clearly is oriented toward the parking lot and does not have its main entrance facing the
primary space. Primary space for this unit is State Road 434 frontage road as defined in Section
20-325.
6. The applicant states that the previously installed restrooms preclude any other efficient floor
plan for his business at this location.
7. The restrooms appear to have been installed in their present locations without authorization
and in conflict with the floor-plan approved by the City Commission on April 22, 2002.
2
October 13,2003
Regular Item 505
Page 3
RECOMMENDATIONS:
Staff recommends that the City Commission, in its capacity as the DRC, deny the tenant build-
out (Building No. 11, Suite D) floor-plan proposed for ShapeXpress because it does not meet the
requirements of Section 20-325 of the City Code of Ordinances.
ATTACHMENTS:
Attachment A
Proposed Floor-Plan
Attachment B
Approved Floor-Plan
Attachment C
March 28, 2002 James Dougherty (Dover Kohl) memo
Attachment D
Correspondence
COMMISSION ACTION:
3
B9/25/2ElEl3 14: 21 1073271 A TT A CHMENT A
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ShapeXpresst Winter Springs Town Center ..
~ 09/25/03 THU 15:20 FAX 4072284219
~. Cuhaci & Peterson,
.,. Architects
1220 Alden Road, Orlando, FL 32803.2546
Ph: (407) 228-4220 Fax: (407) 228-4219
E-Mail: Info@c-p.com
TO: Igt~~/IIk.-:"
FAX: ~1 gZ1 1Jt,9r'
CUHACI&PETERSON ARCH,
raJ 001
FAX TRANSMITTAL
IF YOU DO NOT RECEIVE ; PAGE(S), PLEASE CALL (407) 228-4220 FOR ASSISTANCE.
WE ARE SENDING YOU THE FOLLOWING ITEMS:
COPIES DATE NO. DESCRIPTION
I 9/1,r/,j ~, V-L. ".; SI! ~ If rL-...L /.. ~ IIA..
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THESE ARE TRANSMmED as checked below:
~ For your records
o For your review and files
o Proposal submission
o Reviewed and Returned
P'J As requested
REMARKS:
[ZI For your. Information
o Returned for corrections
o Resubmit
o Forbids due:
o Other:
COPY:
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BUILDING PLAN
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/02 09:07A Dover AtTACHMENT C 5
0360
DbVER. KOHL & PARTNERS
f " W 11 V f 4 h 11 , n l';:
Memorandum
T,,: Charl~s Carrington
City of Wimer Springs
c~:: Victor Dover
F rom: James Dougherty
Date: March 2H, 2002
Subject: ('ommell(s regarding James Doran Company Floor Plan... <Jnd Fk"ation:-;
ReRardinl{ the Building Jo'loor Plans:
13ui1ding 9 appears to have II problem with from.back orientation. The front of th~'
bulldin.g facc.'\ tq the west towards the Publix parking lotinstecsd uftowanls the ot.)flh..
south street t<Hhe east. Sh()pfront windows should be added to the east fcu..-c orthi~
huilding, Thi~ might he achievedhy moving Ihe hathrooms to the eenler (If(h~ building.
(a.~in the plan for buildinR: II). The windows on the south face of this building facing
tJie frontage road should also be! c.Jtpanded into shopfrom windows to achieve gwuntl
~loor tr~spa~.cncy requirem~nt:-;. ..
l.lte.~)t~er huilding tluor plans app~ar to b.c fine. . .
. Regarding the BuiJdin~ EI~.v.tion5:
Jnd.ic3lions should be provided on the elevations showing where lran~paren( gl<i7.IOg IS
~~~. ..
Some of the elevatjon~ do nO[ appear {O have enough ~pa.cc_bctweenthc top of .he UppC:f
floor wind()ws and the cornice to accommodate a realistic parapet. .
The sub-division of the bUilding facades to t.Teate the impression of smallt.'r int.1ividual
buildings is lau~lable. The elevations would look much nlOre aut.h.eritic. howC'v~r.. if Ihe
individual facade segments abutted on~ another inste-.ld ofhaving~vertical gap!'>~cveral
fecI wide between them. The gaps cause the elevations to look thin and. "gluctfun'. III
the bmt behind.
On the west elevation of huiJding 2, the second floor windows on the right silk should
be subdivided \0 make them vertical ralhcr rhall horitollll:it.
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ATTACHMENT D
Page I of2
John Baker
From: ray sherman [rcsherman@prodigy.net]
Sent: Monday, September 29, 2003 5:07 PM
To: John Baker
Subject: Concerned Owner
Rachel
Nicole's
Salon
1188 E. S. R. 434
Winter Springs, FL 32708
Phone 407-696-4247
Fax 407-327-1846
September 29,2003
City Of Winter Springs
Attn.: John Baker
Dear John,
It has come to my attention that a 'Woman's Fitness Center will be occupying the space beside Rachel Nicole's Salon.
I do have some concerns with the tYpe of business that is going to be occupying the space. One is that we have a quiet
room were facials are being performed and the area needs to be kept quiet for the customers' relaxation. We have put in
sound proofing in the walls to help keep this affect.
Beside the room in the proposed space is going to be a aerobics area and from my experience aerobics room can be
noisy with the music that is playing and the instructor's voice caring over the music for the students to hear.
My other concern is the children's area where children will be left while the parents are enjoying their stay at the gym,
Again, noise may become an issue as to our customers enjoying a relaxing atmosphere. Although I couldn't think of a
9/30/2003
Page 2 of2
better business to put next door to our facility, Both businesses will truly complement one another.
Finally, what we are asking is that some type of sound proofing be installed at time of build out in order to
accommodate the noise volume that will be generated from this type of business. Thank you for considering our
concerns.
Sincerely,
Raymond Sherman
President
Rachel Nicole's Salon, Inc,
. 9/30/2003
(.
Page 1 of 1
John Baker
From: Dan Cannell [d.cannell@celebration.f1.us]
Sent: Tuesday, September 30,2003 10:23 PM
To: John Baker
Subject: ShapeXpress concern
Hi John,
Pete Harper has forwarded me all of the correspondence regarding any noise concerns from our space in the Winter Springs
Town Center. Unfortunately, Mr. Sherman decided to take his concerns to you rather that to myself - I regret his taking this rather
awkward channel of communication. We have never spoken of this. He does not fully understand what will be taking place in our
space. There will no aerobics or instructor's yelling. We will have fitness equipment in our facility, not an open space for
aerobics. While there will be some music playing for our women while they workout, I cannot possible imagine playing it so loud
as to disrupt their operations. Secondly, our little Kid's Corner space will not generate any noise which will interfere with their
business. This area will consist of a table with books and puzzles for children to play with for the 30 minutes their mother works
out. Their mother will, at all times, be responsible for their children. I'll be surprised if it is even used that often.
John, I would understand if their concerns were legitimate. Their request that we add "sound proofing" seems unreasonable since
these noise concerns are un-substantiated. I have every intention of being a wonderful neighbor to Mr. Sherman and I hope in the
future he will feel comfortable enough to bring these sort of concerns directly to me.
I look forward to the approval of our building plans. I am so eager to begin our business in your city of Winter Springs.
Sincerely,
Dan Cannell
ShapeXpress
10/3/2003
09/25/03 THO 15:21 FAX 4072284219
09/25/2003 14:21 1073274755
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02/lJ2
From: Skip Burnside To: Ron McLemore
Date: 7/16/03 Time: 11 :06:28 AM
Page 1 of 2
GSG Response to Homebuilder Items Requested by City Manager Ron McLemore
on 7/16/03 Related to GSG's October 2002 City Of Winter Springs Central Service
Cost Allocation Plan/Community Development Service Cost Analysis Report
1. The buildings divisions 94% overhead costs are not creditable
Of the $3,317,811 in citywide central service costs identified in the cost allocation
plan, $117,304 were allocated directly to the building division. This represents 3.54
% of the total allocable central service costs. This is the amount that is typically
termed citywide "overhead" for cost recovery purposes, the guidelines for which are
described in OMB Circular A-87. This proportion is not out of line with GSG's
experience in preparing cost allocation plans for other local governments.
In addition, the building division is included within the Community Development
Department. Of the $245,036 in department administrative costs, $116,224 were
allocated to the building department based on the number of FTE positions in the
building division compared with the number of FTE positions within the other
divisions within the department and based on the total annual expenditures of the
building division compared to the total annual expenditures of the other divisions
within the department. The building division's percentage of departmental
"overhead" costs represents 47.43 %. Given the Planning, Development Review,
Permitting and Building Functions performed by the department and the number of
employees and projected expenditures of each, this amount is not at all out of line.
In addition to the building division, the City Fire Marshal and the Department of
Community Development's Permit Division provide services that support the City's
efforts in enforcing the Florida Building Code. The appropriate proportion (the
amount that is building code related versus other activities) of these two entity's
direct and indirect costs are also included in the cost pool for which the building
permit fee amounts were established to fund. Section 553.80, Florida Statutes, does
not restrict the expenditure of building permit fees to those of the building division. It
recognizes that there are other activities that may be performed by a local
government in support of the Florida Building Code. The projected expenditures of
the Permit Division and Fire Marshal are appropriately identified in support of the
building code based on the time and effort analysis performed by GSG.
2. The October 2002 Central Service Cost Allocation PlanlCommunity
Development Service Cost Analysis
1. We believe specific projected expenditures and allocations used in the
Report overstate the cost of activities and fees of the Building Department
The projected expenditures included in the report are based on the projected
expenditures included in the City's Fiscal Year 2002-2003 Budget. This budget
was adopted pursuant to the City's budget process and the City Commission
provided the usual and customary opportunities for the public to testify on the
proposed budget. Please provide the substance of any testimony provided by the
Homebuilders during the budget process objecting to projected expenditures of the
building division included in the 2002-03 Budget.
From: Skip Bumside To: Ron McLemore
Date: 7/16/03 Time: 11 :06:28 AM
Page 2 of 2
2. We believe the Community Development Department activities performed
on behalf of the general fund should be addressed to reflect an accurate
allocation plan and fee structure.
The Report prepared by GSG apportions the costs of the Community Development
Department based on the functions of the department and an analysis of the time
and effort spent on particular activities by department staff. The report did recognize
that the department performs activities that are appropriately funded from the
general fund. However, those activities are primarily performed by the Permit
Division and Planning and Development Review.