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Home My WebLink About2006 12 11 Regular 307 Vistawilla Office Center CITY COMMISSION ITEM 307 REGULAR December 11. 2006 Meeting REQUEST: The Community Development Department requests the City Commission consider the proposed development agreement modification for the Vistawilla Office Center, located on the south side ofSR 434, just west of the Greeneway interchange. PURPOSE: To consider a request for the third modification to the development agreement Vistawilla Office Center, a 79,800 square foot (S.F.) office complex, comprised of two (2) 3-story, 39,900 S.F. buildings on a 9.17 acre site abutting SR 434 within the Tuscawilla Planned Unit Development (PUD). The development is proposed in two phases. 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 as access to the Cross-Seminole Trailhead area. 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 has proposed a third modification to the development agreement to address the following items: 1. Enhanced Landscaping along S.R. 434 2. Sidewalk layout along S.R. 434 3. Relocation of the project phasing line 4. Location ofthe proposed Centerline Homes sign APPLICABLE LAW: Chapter 166, Florida Statutes. Development Agreement (DA) & Modifications Chapter 9 (Code). Land Development. December 11, 2006 Regular Agenda Item 307 Page 2 of 3 Chapter 20 (Code). Zoning. CHRONOLOGY: August 22, 2005 - City Commission approved Conceptual Plan (relative to the reduced setback from 50' to 25' along SR 434) for construction of two office buildings totaling 79,000 SF. January 23,2006 - Final engineering/site plan for Phase I and development agreement (DA) approval. April 24, 2006 - Aesthetic review for both buildings approved. June 12,2006 - DA amendment approved to allow lighting before CO. August 28, 2006 - Final engineering/site plan for Phase II approved. CONSIDERATIONS: 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). This reduced setback is the basis for two of the items in this third modification request for the development agreement. The applicant is requesting to use the existing sidewalk in the S.R. 434 right-of-way instead of the meandering sidewalk as referenced in the Original Development Agreement. This request is supported by staff because of the reduced building setback approved by the Commission in 2005. Attachment B provides a concept of this sidewalk layout. The enhanced landscaping that was discussed in the Original Development Agreement will be reviewed by staff to ensure compliance with said agreement in the context of the existing sidewalk layout. The developer has requested that the phase line between phase 1 and phase 2 of the project be shifted westward approximately 40 feet to the eastern exterior wall of the Phase 1 building. The request will not affect the overall construction of the project and will accommodate the tilt-up construction area necessary to construct the Phase 2 building. Finally, Attachment C indicates a sign proposal for Centerline Homes to be placed on Building # 1. Staff is bringing this item to the Commission because the letter "c" in the proposed sign is larger than the 24" height stipulated in Section 20-470 (3-f). The letter "c" in the proposed sign is 4' -5" in height. The sign will also be installed at a height greater than the 14' stipulated in Section 20-470 (3-c). The proposed sign will be mounted on the third floor fa9ade of the building and the approximate height to the top of the sign is 43'. December 11, 2006 Regular Agenda Item 307 Page 3 of 3 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 Proposed third modification to the Development Agreement is consistent with the overall design intent for the Vistawilla Office Center. RECOMMENDATION: Staff recommends that the City Commission approve the proposed third modification to the existing Vistawilla Office Center development agreement to allow for certain modifications to the sidewalk and landscaping layout along S.R. 434, to allow for a relocation ofthe phase line approximately 40' westward to the eastern exterior wall of the Phase I Building, and to allow for the installation of the Centerline Homes sign as depicted on Attachment C contained herein. ATTACHMENTS: A Draft Development Agreement B. Sidewalk layout drawing C. Centerline Homes Sign graphic D. Selected Text from the Original Development Agreement CITY COMMISSION ACTION: ATTACHMENT A DEVELOPMENT AGREEMENT - THIRD MODIFICATION DEVELOPMENT AGREEMENT TO BE PROVIDED BY CITY ATTORNEY ATTACHMENT B SIDEWALK LAYOUT DRAWING SR 434 ATTACHMENT C CENTERLINE HOMES SIGN GRAPHIC CENTERLINE HOMES ATTACHMENT D SELECTED TEXT FROM ORIGINAL DEVELOPMENT AGREEMENT 33 The City agrees that the enhanced landscaping together with a six foot masonry wall at or along the rear (south) boundary of the property described on Exhibit "A" in the MasttJ, Development Program separating the commercial property from the adjacent residentii . 434 Corridor Vision Plan New Development Area Ordinance, constraints of the site and1 potential impact on the surrounding properties. 3.4 Landscape and wall construction plans shall be incorporated into the construction documents. Failure of the Property Owner or his assigns to install the landscaping and six (6') masonry wall (as lots are developed), agreed to and required by this Agreement shall be a breach of this Agreement and shall constitute a basis authorizing of the City to withhold issuance of permits, and/or certificates of occupancy, until the landscaping and wall construction obligations imposed by this Agreement are fully complied with. > 3.5 This Agreement obligates the Property Owner to install a meandering six (61) foot wide sidewalk along the State Road 434 frontage of this property as shown on the Master Development Program. The City acknowledges that the landscape design depicted on Sheet 3 of the Master Development Program requires use ofD.O.T. State Road 434 right-of-way and modification of D.O. T. sidewalk placement and width requirements and therefore is subject to review and approval by the D.O.T. It shall be the Property Owner1s obligation to obtain said approval with the cooperation and assistance of the City. In the event this cannot be accomplished, the design shall be modified and all landscaping will be constructed south of the road right-of-way within the Property Owner's property with the sidewalk being constructed byF.D.O.T. 5 2.4 This Agreement does not and cannot exempt any real property from complying with state or local law or ordinances relating to platting, environmental permitting, wetlands regulations, stormwater, or other matters nor any development issues not directly addressee!:. by this Agreement. 3. Enhanced Landscaping. Sidewalks. WalL and Retention Ponds. The development of all or any part of the real property described on Exhibit II All shall be subject to the enhanced landscaping including berms and meandering sidewalks (to the extent such meanders and additional width are allowed by the Florida Departp1ent of Transportation (DOT)), as set forth on the Master Development Program for Tuscawilla Tract IS, Parcell-B (Sheets 2 & 3), dated December 23, 1997, and revised February 23, 1998 and March 4, 1998, prepared by Bower- Singleton and Associates, Inc. (hereinafter called the Mater Development Program), and on file with the Office of the City Clerk, Winter Springs, Florida. The enhanced landscaping to be provided by and at the cost to the Property Owner per the terms and conditions of the following: 3.1 The enhanced landscaping specified herein shall be provided by the Property Owner or his heirs, assigns, successors, or agents, as a condition of development of the property and at the time of installation of other site related improvements for each parcel created from the real property described on Exhibit II A" of this Agreement. 3.2 The Hess site described on Exhibit liB II shall be, subject to and comply with the landscaping specifications set forth on the Master Development Program, on file with the Office of the City Clerk, Winter Springs Florida, as a Final Engineering Permit condition for site development of said parcel. 4 TUSCAWILL TRACT 15 (PARCELS 18) SIGNAGE LOCATION/LANDSCAPE BUFFER PLAN CITY OF WINTER SPRINGS, FLORIDA ROBERT YEAGER, TRUSTEE