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HomeMy WebLinkAbout2009 06 08 Regular 600 Tuscany's Restaurant Covered Porch ModificationCITY COMMISSION AGENDA ITEM 600 June 8, 2009 Meeting Consent Information Public Hearin Re ular X /%Y/ Mgr./Dept. REQUEST: The Community Development requests that the City Commission consider a request to modify its previous directive to allow enclosure of two (2) covered porch areas at the existing Tuscany's Restaurant without modifying the building to match the Key West theme of the rest of Tuscawilla Square. PURPOSE: The purpose of this item is for the Commission to decide if it will hold the applicant to its May 9, 2005 determination that no building permit shall be issued for the Tuscany Restaurant (other than to enlarge the deck) until the building is modified to be consistent with the Key West theme of the Tuscawilla Square. BACKGROUND: On November 22, 2004, the City executed a development agreement (DA)with the Bryce Foster Corporation for development of a "residential friendly" commercial development on an approximately 1.5 acre site within the Tuscawilla Planned Unit Development (PUD). The DA addressed a concept approval and list of "neighborhood friendly permitted commercial uses." The subject site includes, but is not limited to the previously existing Tuscany Restaurant. Final engineering plans for the overall site were approved at the February 28, 2005 Commission meeting. Aesthetic review was approved at the May 9, 2005 Commission meeting. At the May 9, 2005 aesthetic review public hearing, Mr. Bill Starmer, representing Mr. Alex String, the developer, committed the restaurant to upgrade its appearance to be consistent with the Key West theme of the Tuscawilla Square development. There was substantial discussion of the subject, followed by a unanimous (5-0) vote that no building permit would be issued for the restaurant building until the plans for the existing restaurant building are provided to the satisfaction of the City Commission, to demonstrate the upgrades. CONSIDERATIONS: The economic situation was considerably different in 2005 than it is in 2009. The applicant has been in business at this location for more than eight (8) years and would like to enclose two (2) small approximately 82.25 square foot porch areas (a total area to be enclosed of about 164.5 square feet). The restaurateur has complained that it is unfair to June 8, 2009 CITY COMMISSION MEETING REGULAR AGENDA ITEM 600 require a major renovation to enclose such a small area. He has provided pictures of and plans for the areas to be enclosed. The existing DA allows inclusion of the adjacent on-street parking on Gary Hillery Drive for the businesses within the development, which includes the restaurant. The addition of 164.5 square feet of restaurant (even if it were all devoted to dining area) would not violate the parking requirements for the development. STAFF RECOMMENDATION: Staff recommends that the Commission determine if it will adhere to, reverse, or modify its May 9, 2005 decision that the applicant must provide plans to make the restaurant architecture consistent with the Key West theme of the site before any building permit may be issued. ATTACHMENTS: A. Development Agreement B. Engineering Plan (cover sheet & geometry plan) C. May 9, 2005 Minutes D. Applicant's submittal ATTACHMENT A THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs ~~ Brown Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 1~i^/1•I~i~1~1~1~i^~~^^li• IDiRV1IME I~R5E, CLERI ff CIIICIIIT (~T Sfl1I1~.E CtXMTY AK D1',..°,n9I FMS ~19b1-Q-975 CLERK' S i E'Q~.~7661 D U/14It'M619:96:34 AI I~I11; FffS 1P9.M I~OROED 1!Y D TM~as FOR RECORDING DEPARTMENT USE UNLY BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (the "Agreement") is made ar~d executed this o~aNd day of ~OJembel~ , 2004, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and BRYCE FOSTER CORPORATION., a Florida Corporation ("Developer"), whose address is 215 Rollingwood Trail, Altamonte Springs, Florida 32714. WITNESSETH: WHEREAS, Developer is the fee simple owner of certain real property currently located in the City of Winter Springs, Florida and within the Tuskawilla PUD and more particularly described in Ezhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the parties acknowledge that the Property is currently subject to a Lour: Settlement Agreement which is recorded in Official Record Book 2277, Page 0464 i.n thr Seminole County public records ("Settlement Agreement"); and WHEREAS, the City and Developer acknowledge that the Settlement Agreement was entered into before the Developer purchased the Property and that Developer has inherited the rights provided under the Settlement Agreement by virtue of purchasing the Property; and WHEREAS, in accordance with that Settlement Agreement, Developer is permitted to develop certain enumerated commercial uses; and WHEREAS, notwithstanding the exhaustive list of permitted commercial uses contained in the Settlement Agreement, Developer acknowledges and agrees that some of the listed commercial uses are not in keeping with the residential character of the Tuskawilla PUD; and WHEREAS, Developer strongly desires to develop a "residential friendly" project on the Property that is keeping in the character of the residential character of the Tuskawilla PUD; and WHEREAS, in order to commit to this "residential friendly" Project, the Developer is willing to voluntarily and forever forego certain rights under the Settlement Agreement by reducing the list of permitted commercial uses and thereby protecting the residential character of the Tuskawilla PUD; and WHEREAS, the City is willing to permit a "residential friendly" project on the Property under the special terms and conditions set forth herein including, but not limited to, Developer's commitment to forego certain rights under the Settlement Agreement and Developer's commitment to respect, safeguard and preserve the residential character of the Tuskawilla PUD; and WHEREAS, the City and Developer desire to set forth the following special terms and conditions with respect to the development and redevelopment of the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authori This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. In consideration of the City and Developer entering into this Agreement, and as an inducement for Developer to voluntarily and forego certain rights under the Settlement Agreement, the City and Developer hereby agree as follows: (a) Approval of Concept Plan. Developer shall design, permit and constmct a "residential friendly" commercial development on the Property that creates a sense of place within the Tuscawilla PUD. The "residential friendly" commercial development shall be called the "Tuscawilla Town Square" or some other name mutually acceptable to the Developer and the City. Developer acknowledges that aesthetic enhancements will be a paramount concern to the City and the residents of the Tuscawilla PUD; and as such, Developer agrees to reasonably and adequately address these concerns during the design and construction of the Project. The City hereby acknowledges and agrees that the concept plan, which is attached hereto and fully incorporated herein as Exhibit "B", is acceptable ("Concept Plan"); provided, however, Developer shall have the obligation to further submit and obtain the City's approval of a fmal site plan and final engineering plans. Developer shall also have the obligation to construct aesthetic enhancements to the Project as depicted in the Concept PIan and as may be reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic review ordinance. Developer acknowledges and agrees that the Concept Plan was not prepared with specific surveyed dimensions and that during the final site plan and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City. Further, the elevations and roof lines depicted in the Concept Plan for the commercial buildings will Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -2- have to be adjusted to the City's satisfaction in order to satisfy the requirements under the City's aesthetic review ordinance. As such, Developer and the City agree that the Concept Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase in order to bring the Project into compliance with the City Code and the needs of the Tuscawilla PUD. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Concept Plan. Developer acknowledges and agrees that offsite improvements may be necessary, at Developer's cost, to provide water and sewer service to the Property including, but not limited to, force main, lift station and pump upgrades. Further, all water and sewer improvements required on-site to service the Property shall be at Developer's expense. (c) Gary Hillary Drive. In order to facilitate the safe, efficient and orderly flow of traffic to and from the Project and to create a sense of place, the City desires that Gary Hillary Drive be redesigned and reconstructed in accordance with the Streetscape plan which is attached hereto and fully incorporated herein as Exhibit "C." ("Streetscape Plan). Developer agrees to design and reconstruct Gary Hillary Drive in accordance with the Streetscape Plan; provided, however, the City shall reimburse Developer for the reasonable costs thereof. However, the Developer's obligation to reconstruct Gary Hillary Drive is subject to the funding condition provided in the last paragraph of this subsection (c). For purposes of this Agreement, (i) the design costs shall include the costs and expenses of land surveying, civil engineering, landscape architecture, irrigation design, electrical engineering and lighting design, and (ii) the construction costs shall include the costs and expenses for clearing, grubbing and earth excavation, and for the construction of all storm drainage facilities, Progress Energy approved decorative street lights, landscaping, hazdscape, irrigation, sidewalks, curbs, pavement, striping, signage and any required additional offsite improvements directly related to the reconstruction of Gary Hillary Drive (all of the foregoing costs and expenses are hereinafter collectively referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses also benefit other aspects of the Project not related to Gary Hillary Drive (e.g., stormwater improvements for the buildings and common areas), the City shall only be responsible for reimbursing the proportionate share of the particular expense related to Gary Hillary Drive. The City shall reimburse Developer in the amount of the Roadway Expenses within ninety (90) days after the reconstruction of Gary Hillary Drive has been completed. and accepted by the City. Developer agrees that all Roadway Expenses shall be subject to an informal competitive bid process under which Developer shall obtain three (3) written quotes or bids. Each bid shall be submitted to the City for review and approval prior to Developer entering into any contract for the design, permitting and reconstruction of Gary Hillary Road. Developer further agrees that at the time reimbursement for any Roadway Expense is requested, Developer shall provide the City with a copy of all applicable invoices, receipts, warranties, maintenance bonds, and documentation, including all change orders, which shall cleazly evidence each reimbursable Roadway Expense. The City shall not be responsible for reimbursing any Roadway Expense which can not be Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -3- properly and reasonably documented in writing. The City shall not unreasonably withhold any approvals required under this paragraph. Although it is initially contemplated by the parties that the reconstruction of Gary Hillary Drive will occur within the existing city right-of--way, Developer agrees to convey to the City any additional land that may be necessary to reconstruct Gary Hillary Drive in accordance with the Streetscape Plan. All such land conveyances shall be by warranty deed and free and clear of all encumbrances. Conveyance of roadway and streetscape improvements shall be by bill of sale and free and clear of all liens. The warranty deed and bill of sale shall be in a form acceptable to the City Attorney. The City and Developer acknowledge and agree that the reconstruction of Gary Hillary Drive will likely coincide with a hazardous waste remediation project that will be performed by Seminole County. The hazardous waste project is the result of a gasoline spill at the 7-11 convenience store several years ago. The gasoline spill affected the area surrounding the 7-11 store, including Gary Hillary Drive. The parties shall continue cooperation with each other and Seminole County to facilitate the implementation of the hazardous waste remediation project. In the event the City is not in a position to approve the funding of Gary Hillary Drive within thirty (30) days from the effective date of this Agreement, the Developer may proceed with the project as outlined in this Development Agreement and Developer shall still have the use of Gary Hillary Drive for parallel parking and said parking shall be applicable to the parking required for Tuskawilla Town Square. In said event, Developer shall fund the cost necessary to create said parking and only design the improvements to Gary Hillary Drive as provided herein. If at a later date the City approves the improvements and funding for the construction of Gary Hillary Drive, Developer agrees that it shall undertake the construction of Gary Hillary Drive as provided herein so long as construction of Tuscawilla Town Square is still ongoing. (d) Construction of Stormwater Improvements. Developer shall design the Project to accommodate the Stormwater requirements for the Property, including the roadway improvements to Gary Hillary Drive. The City shall permit Developer to use existing City property located at the corner of Gary Hillary Drive and Winter Springs Boulevard to accommodate Stormwater generated from Gary Hillary Drive and the Property, provided said use is deemed acceptable and feasible by the City. Developer shall provide any additional property that is necessary to accommodate Stormwater generated from the Property. (e) Permitted Commercial Uses In consideration of the significant and substantial development rights received by the Developer from the City under this Agreement, Developer hereby agrees to voluntarily and forever forego the right to use the Property for any of the commercial uses listed on Exhibit B of the Settlement Agreement. However, at such time this Agreement is recorded in the public records of Seminole County, Florida, Developer shall be permitted to use the Property for any of the neighborhood friendly commercial uses specifically listed on Exhibit "C" which is attached hereto and fully incorporated herein by this reference. It is the intent and Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -4- purpose of this paragraph to fully replace Exhibit "B" of the Settlement Agreement with Exhibit "C" of this Agreement. (f) Winter Springs Boulevard Ingress and Egress. The Developer acknowledges and agrees that during the site plan and final engineering phase of the Project, the City may require that the ingress and egress to the Property from Winter Springs Boulevard to be one way in or out. The minimum driveway width for ingress and egress shall be twenty-two (22) feet. (g) Building Setbacks. The following Building Setbacks shall apply to the Property: (1) Front (Winter Springs Boulevard) - 10 Feet (2) Rear (Gary Hillary Drive) - 5 Feet (3) Side (Northern Way) - 20 Feet (h) Development Permit Fees. Developer agrees to pay all ordinary and customary development permit fees imposed by the City including, but not limited to, application, building, and impact fees. Within thirty (30) days of the effective date of this Agreement, the Developer and City agree to meet to calculate an estimated schedule of fees based on Developer's proposed Project at the time of the meeting. (i) Tree Replacement. Developer shall comply with the City's Arbor Ordinance set forth in Chapter 5 of the City Code. The Developer acknowledges and agrees that to the extent that the City's arborist determines that the Property can not adequately sustain the number of replacement trees that are required on the Property under the City Code, Developer shall provide the trees to the City and the City will plant the trees off-site at its discretion. In accordance with Section 5-8 of the Winter Springs Code, the City Commission agrees that no more than three (3) Specimen Trees may be removed from the Property due to Developer's representation that such trees must be removed in order to complete the Project. An inch for inch tree replacement shall be required for the removal of said Specimen Trees. The Specimen Trees may be removed at such time the City issues the appropriate permit, but not prior to such time that the termination rights set forth in paragraph 20 have expired. (j) On-Site Parking. On-site parking shall be a minimum of 18 feet in length. (k) Northern Way Buffer. Developer agrees, at its cost, to design, permit and construct a masonry block decorative wall around the garbage dumpsters. Further Developer agrees, at its cost, to design, permit, and construct a four (4) foot decorative brick wall along the parking area abutting Northern Way. 4. Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -5- execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. 5. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 6. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Developer as to the subject matter hereof. 9. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 13. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 14. City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -6- 16. Third-Party Rights. This Agreement is not athird-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 17. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations maybe obtained by a suit in equity. 18. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in breach of any term and condition of this Agreement. 20. Termination. The parties aclaiowledge and agree that Developer's obligations to complete the Project are subject to and contingent upon the City's approval and issuance of all permits required and necessary for Developer to construct Tuscawilla Town Square including any off site improvements. Further, the Agreement is subject to the mutual agreement of the Parties on the cost schedules and allocation of costs contemplated in paragraphs 3(b}, 3(c) and 3(d). If the Project (including off site improvements) and the cost schedules and allocation of costs as referenced above are not acceptable to either party, then either party may terminate this Agreement and the Settlement Agreement shall remain in full force and effect and govern the Development of the Property. Further, Developer shall lose any and all rights under this Agreement. Upon issuance of all City approvals and permits required to commence development of the Project, and the parties agreeing to the allocation of costs, the termination rights under this paragraph shall expire. [SIGNATURES FOLLOW ON NEXT PAGE] Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -7- IN WITNESS WHEREOF, the parties date first above written. CITY SEAL have hereunto set the ~.5? i~d~,{~aal` on the -y''~ ~"~J.. yY'. ., . ~.- , ~rN~~~~~, ~ /ii f•• ~ 1 •' rd~. CITY OF WINTRINGS ' • `~~.:~,, 's *• ",~. By: J . Bush, nr ~ N l ' •o' ,, APPROVED AS TO FORM AND LEGALTI'Y For the use and reliance of the City of Winter Springs, Florida; only. f // / / / O~ Dated: ~, By: ~ Anthony Garganese, City Attorney for the City of Winter Springs, Florida Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -8- Signed, sealed and delivered in the presence of the following witnesses: ~?~/ Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness BRYCE FOSTER CORPORATION, a Florida Corporation By: STATE OF FLO~~ COUNTY OF tom,. `~ The foregoing instrument was acknowledged before me this ~ day of ~..L,p..-.bt.r , 2004, by Alec String, as President of BRYCE FOSTER CORPORATION, a Florida Corporation, on behalf of said corporation. He is ersonally known , o me or produced as identification. 1---~--~ (NOTARY SEAL) ~.._ _ ~ ~-- °~- ~~''-~'-' otary Public Signature 1 F_s~l._i E C _ ~ ca a•, c..L-- (Print Name) 900Z~9Z ~-~ f ~1j i0~, Notary Public, State of rta~xti" ~~ ~~. Commission No.: ~t°0 ' r My Commission Expires '~ a do '11r~S AFlV1AN~L-Ij0 Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -9- LEGAL DESCRIPTION FOR TUSCAWILLA SQUARE (North East Corner of Winter Springs Blvd & Northern Way) as prepared by "Southeastern Surveying & Mapping Corp." LEGAL DESCRIPTION From the centerline of intersection of Winter Springs Boulevard and Northern Way, as shown in Plat of WINTER SPRINGS UNIT FOUR as recorded in Plat Book 18; Pages 6, 7 and 8, Public Records of Seminole County, Florida; run North 86 degrees 23 minutes 05 seconds East along the centerline of Winter Springs Boulevard 282.85 feet; thence North 03 degrees 36 minutes 55 seconds West 60.00 feet to the POINT OF BEGINNING on the North right-of-way line of Winter Springs Boulevard (120 foot R/1N); thence run South 86 degrees 23 minutes 05 seconds West along said North right-of-way line 217.85 feet to the point of curvature of a curve concave Northeasterly, and having a radius of 25.00 feet; thence run Northwesterly along the arc of said curve 39.27 feet through a central angle of 90 degrees 00 minutes 00 seconds to the point of tangency on the East right-of-way line of Northern Way (80 foot R/W ); thence run North 03 degrees 36 minutes 55 seconds West; along said East right-of-way line 90.78 feet to the point of curvature of a curve concave Easterly and having a radius of 1893.55 feet; thence run Northerly along the arc of said curve 84.25 feet through a central angle of 02 degrees 32 minutes 57 seconds to a point; thence leaving said East right-of-way line, run North 86 degrees 23 minutes 05 seconds East 270.83 feet to the point of curvature of a curve concave Southwesterly, and having a radius of 27.83 feet; thence run Southeasterly along the arc of said curve 40.44 feet through a central angle of 83 degrees 14 minutes 4.1 seconds to the point of tangency; thence run South 10 degrees 22 minutes 14~seconds East, 173:85 feet to a point on the aforesaid North right-of-way line of Winter Springs Boulevard, said point being on a curve concave Northerly, and having a radius of 1085.92 feet; thence from a tangent bearing of South 82 degrees 16 minutes 07 seconds West, run Westerly along the arc of said curve and along said Northerly right- of-way line 78.01. feet through a central angle of 04 degrees 06 minutes 58 seconds to the POINT OF BEGINNING. Exhibit "A" `I'~~s~aihla;~ - ~~a~° y Concept Plan ~~Summar-y 'Location: 13OI Winter Springs .Blvd Winter;Spnngs, F1. =32708 ~L~nd'Size:` 1.4;112 Acres Cur-re`ntr Use: < Tuscany' Restaurant Piropased;Use: Expansion of Tuscany's.Restaurant", grid" additional -retail="space: D,esYgn Features.: ;Key West Inspircd,Design in.a,resider~tial scale, _ Front Porches;, Metal .Roofs, Brick drives, Fountain, Gardens,; Benches, -and Bike Racks; Improvem:entis, to. Add s~dewalks,,address storm water Gary I~illary IDrive: Drainage"Light~rig T an~iscaping~and Remediation."of groundwater,contamination; :: - - Architect' Stacmer"Ranaldi Landscape.4A.rc6tcct.~ Dobson's . Owner. ,,.. ~. , Bryce Foster Corporation .EXHIBIT . .:- ~ f~~}~ ;~ ~. ~: ~"' ~" ~. W ~ '- m r_ y n ''?':: ~ s~. ~ ,W,. ~ ` t ~,d ',~.~ t~~~( ... ~ , .. ~lr 1 d: I k ~- i t s ~ ~: ~f 1 _._ 1 ~Q, 3`` i ~: w ~~ ,~; ~__ -~, -; {.. ~~ ~ ~'~~ i ' .i t '.; -' " `, ruse wrcca :; --- souaaE ' ~'- - _~: :! ~ ~~ ©ARY HILtERY T-1i ~ aRwF -- - ~~ l/IPROYEMENT$ r~rnR +r+~R w.a+aw~ ~~ ,~, ~ i ._ --~-- ~.- ~ __ ,_ ,s,, :..,., M. .x - - -- ., I ~ ~ ~ { ~ ~ , ! -: ~ retention ~ - :. _ -- - ....~....~ ~ T - ,- ..-~ - i .i ___ -- - ~ - :: ^. -.. .. ...__... ~1 tom, i :.... w.~, ~ d ~ - ---- "'`* -`WINTER SPRINGS, BOULEVARD EXHIBIT "C" NEIGHBORHOOD FRIENDLY PERMITTED COMMERCIAL USES The following Neighborhood Friendly commercial uses shall be permitted on the Property: A. Permitted Uses: Administrative public buildings Advertising agencies . Alcoholic beverage sales (wine & beer and specialty package) Alcoholic beverage, on-premises.consumption, in conjunction with restaurant Alterations and tailoring, shops and services Antique and gift shops Appliances, sales and service Artists' studios Automotive accessories sales Bakery, retail Bicycles, sates and services Bookstores, stationary, newsstands Butcher shop, retail only Camera shops, photographic stores and developers Cleaners, clothing Coin dealers; Computers, hardware and software sales and services Confectionary and ice cream store Dance and music studio Day nurseries, kindergartens, and day care Drug and sundry stores Employment agencies Exercise such as gym, spa and karate Financial institutions, banks, savings and loans (no drive-through) Flooring,.retail only (carpet, tile, wood, etc:) Florist Furniture, retail Grocers and delicatessens, specialty and retail Hairstylist and barber shops - Hardware stores Health food products and services _ Hobby and craft shops Home Improvement shops, retail and consultation services Insurance agency Interior Decorating and draperies Jewelry store Kitchen and other cabinet stores, retail Libraries Loan companies, excluding pawnshops and title loan companies Locksmith - Luggage and travel shop Medical clinics and ancillary small laboratories Musical instruments, sales and services Nursery products and supplies, plants, and. trees (retail only) Outdoor advertising and signs, sales office Outdoor neighborhood markets on. weekends and holidays Optical services and sales Party supplies and services - . Paint store Pet shops and grooming Photography studios Physical fitness and health clubs Post office Printers, quick print services only Professional services off ces, such as accountants, architects; attorneys, bookkeepers, dentists, doctors, engineers, insurance and other agents, and surveyors. Radio, TV, Stereo, and Video Rental shops Restaurants, including indoor and outdoor dining Retail sales of a residential character Schools, public, private and parochial, vocational (such as cosmetology, medical and dental assistant training) requiring no mechanical equipment Shoe repair shops Sporting goods, retail Swimming pool sales and services Telephone Business offices and exchanges Tobacco shops . Toy stores Travel agencies Wearing apparel stores B. Other Uses: Upon formal written petition by the Developer, the Developer may petition the City Commission for additional permitted uses. The City Commission may consider the Developer's petition, on a case-by-case basis, and approve, at its discretion, additional neighborhood commercial uses that are keeping with the residential character of the Tuskawilla PUD. The City Commission shall have the right to impose reasonable conditions on any approvals granted under this Agreement. Cymryry Elgln.ar4p II Rwsrve4 CoPYnOM BM olhsr rl~ita ro.BidklD tlrN OoamenG N 618 oA~MI FIG N PWPON for wlJtlt CopynDme2003 CONSTRUCTION PLANS ~~w~o~~- SITE DATA T US CA WIL L A SQUARE ~ JURISDICTION: (peln7ltUnp) 817E PERMIITINO - CRY OF WINTER SPRINGS ' WATER- CITY OF VANTER SPRINGS SEWER- CITY OF VANTER SPRINGS ST(1RMWATER MANAOEMEM 57. ,lONNS gSTRICT- WATER MANAOEMEM DISTRICT PROJECT OBJECTIVE: TO CONSTRUCT A NEIGHBORHOOD COMMERCML CENTER MATH IMPROVEMENTS AND ENHANCED IANDSCAPINO INCLUDING GARY HIILARY DRIVE ROADWAY IMPROVEMENTS PROPERTY LOCATION: THE NORTHEAST CORNER OF NORTHERN VNY AND VANTER SPRINGS BLVD PROPERTY ADDRESS : ' 1301 WINTER SPRINGS BOULEVARD PARCEL ID No, 01Q1303BH90W-083A PROPERTY ZONING: PD EXISTING LAND USE: EXISTING BffE IB A SMALL REBTAUPANT ' EXISTING PROPERTY AREA: TOTAL • 1.N ACRES BUILDING DATA 6 8ET8ACKS MAXIMUM BIALDINO HEIGHT • 60 FEET PROPOSED BUILDING HEIGHT • 1 FLOOR MINNUM BUILDING SETBACKS: FRONT•10 FT WINTER SPRINGS BLVD REAN/SIDE • 6 FT OMY HILLARY DRIVE .. w BIDE • 20 FT NORTHEf W WAY PARKING SPECIFICATIONS: PARKING SPACES REDUIRED: CODE - RETAIL •71300 BDDrpo RETAIL •10,N15FI300.36 SPACER' RESrAwaNr •1/100BfafwOBON- ' RESTAURAM • 1,300 6F 1100.73 SPACES _ TOTAL- •4B SPACES PARKING SPACES PROVDED ' REGULAR SPACES •40 HANDICAP SPACES 3 TOTAL SPACES •43 PARKING SPACES PROVIDED GARY W LLARY DRIVE: REGULAR SPACES •22 TOTAL- •668PACE6 AREA (e7 ACRES x TOTAL TOTAL IMPERVIOUS 72,W0 0.30 27.23 GREEN AREA (PERVOUS) 48,608 7.71 78.72 TOTAL AREA ,67,418 1.41 100.0 PROPOSED LOT COVERAGE CALCULATIONS: AREA (M ACRES %TOTAL PARKINOSBIDENNLK AREA 21,770 0.60 38.0t BUILDING AREA 12,860 023 20.D2 TOTAL NPERVIOUB 31,670 0.78 66.27 TOTAL GREEN AREA (PERVIOUS) M,806 0.62 49.7/ TOTALAREA 67,476 tAi 10D.0 UTILITY CONTACTS WATOt li n~ welwwos aRi aa7 3z7-ia°~M1 ma 8E1NE7t ellaloF Ib7E 32BMINw.PI i'0!• GlHHO~rnBRROrO P.O. WC1l000W H57)NAdMY iFA R01-1YY0 T0.lPlIOfE NazeDUm IDUNNDro cC Imen wemaT 0.aPM-IY FLOOD 20NE: tR THE LOT DESCRIBED HEREON WA6 DETERMINED TO UE WTMN FL000 ZONE 9(' CANF- GARY HILLERY IMPROVEMENTS PARCEL 01-21-30-58H-0000-083A 1301 W-NTER SPRINGS BLVD WINTER SPRINGS, FLORIDA NOVEMBER 2, 2004 REVISED JANUARY 20, 2005 REVISED FEB 3, 2005 SITE ~' Q \rJ CSI I1. tocarrav Mar ,vor ro sulc w raro..' ~A"2 N s.clN• ,. r•.,,aN 2i zw W R.nl. 5i Eut s..lw. n . e ! a.. P~I•+•I, e..aen _ 1.. swl+u. e•e.wa •a Nmn•• A'•r .. •p., a Flw ~ o N„u. u•R h"~~;;: ~eW ~s•e.u Vie. P„e,••. wx'us.~w ~. c~.,lr. •«a'~, UNw"~o°-... ~w,. •r -a nw~• ~w ew..•.a PNm e.•• a;~o a•: m„ro.. NsN~ o,e na« ~x~.iM ce'e..: ,. -r• u o ~ •x~ i ryaw~ m.,~. w»,a wie . z " W:-°i nil ~e~e w ..1`~ r, o »,w •,am.a~~~ i . Pw~i n o.iar m * y : w,.w,.••r eo wa`r Neo /+o zm.c nl 1 an u•.oa [ ~!H '~ke~-•i-.~ m• aaoe 11« swan a n aww o roeun el r~u N. r`~•W~an w~p,`o ~.,••~y.wu1~.,•i ~~io: ea °.~ u .m azaNwxc. ea,y .oB xa. MY n,nlYar-.ay iu,.-!a ~ r.•1 u.wyn a m.bd mq.l o~aa.u II b u~ bN! Dr pie! ,' n wpiie~. a„w~ a o,°m ~r s " ~a •i a-i'•nonea. va.ee C •a mom a orrwx rt.~•a em, ,en. w•• NOTE W NOTeGLE FROM DMWN66. COMACT CYCORP FN0INEERWOIFApORK)NAL NfbIBMTpN B REQUIRED. 1HEBE DMWNOBARETIIE PROPERtt OFCYtORP ENONEERINOAND IMY NOT BE U9EDyA1WUTNRRTEN PEPY86gN .y}~` P~~ ~ ~' y -~ ~~~ J~yy,A'~ `~ ~ ry~2 ~, SHEET INDEX 1 COVER SHEET 2 NOTES AND SPECIFICATIONS 3 SITE PLAN 3A DEMO SHEET 4 PAVING AND GRADING PLAN 5 UTILITY PLAN 5A OFF-SITE STORM PLAN 6 PLAN AND PROFILE 7-10 DETAILS S1 SURVEY L1 LANDSCAPE PLAN PROJECT CONTACTS OWT!ER BRYCE PORSTEIi COPORA710N ANC StrirnNU 2AMem~o InlbSwroaG TnU ANDS, FL 32714 CML ENGINEER: crcaw e~Dr~ua Nc. Kim HNI 2820 MelquesB. Court VJInEemnro, FI. 31788 Ph 407 217-0000 ' F 407 8783767 LANDSCAPE ARCHITECT: DOB80N WOODS A!D WATlR RAYMOND SIMMONS O~BndoUFL 32801 Ph(407) 841-0030 \.~~~ ARCHITECT: G~ ~ BTARMBR RANALDI ?~ \~~ Biu SNmaT 880 NOrt116T Wav VVInNr SPMDe, FL 32708 Ph(407)977.1080 SURVEYOR/OEOTECHNICAL ENGINEER: Gary KTldc 8600 ALL AMERICAN BLVD OAendo, FL 32810 Ph(407) 2823680 NGi/N6ER/NG OML YIOINm1~ LAND PLIINNWBI YNWOAP<ANONRND7>• VNldamro ~oK0e~788 TN: (40217-0000 FIa: /0 783761 KGH rusca w-Lla y SQUARE WINTER SPRINGS BVLI `u` AND NORTHERN WAY 1--~ WHITER SPR/N08, FLOR~I 1lVIIIOIA DP•,nlpllm Dal• ! I. Di Gtt COMYENT3 12/26/04 h 2 PER ptt C04MENT& 1/10/05 1 ~` // y COVER SHEET l~~ 1 SITE LEGEND L~ wrvo¢nP Pwwec PROPOSED CONSTRUCTION NOTES: ® PROPOSCD DRUNALE wLEr PROP05ED CURB ALL DIMENSIONS SHOUN ARE TO ME FACE Lf CURB, U LESS OMERWSE NOiEO, i -•••- - SffF BOUN6NY uNE ?DN oEOIE yDOE~ N RAUPS SHALL BE IN51ALt1~ ALCpPDING CFNIER uNE OE ROM D SM D.9 O.A SrANOARDG, CHEYER I ~ RO E ELTRICRVE HT OF WAY Exlsnuc EDGE of PAVEUENr STRIPING NOTES NG/NEER/NG 1 ~ PROPOSED CONCRETE PAVEMENT I. iYPICAI PARNINC SPACF SHALL BE STRIPED W ~ PROPOSED BRICNPAVER3 A 1' W112 MERMGPLASTIC STRIPE M ' 1 SFE DETAILS FOR HANDICAP PAFx NL 6 A': 5.~ EO IANDSCAP NG (NO PA FR5J3 i1PICAl STOP BAR SHALL BE IA' WOE WIITE ~ I ` M iTPNJ1 v MERMWlASRC STRIPE. /NV. ~. I ~ HC HANOiCAP ~ ° IQD 1D PARKING SPACES SIGN LEGEND cm~ aNaENaaws RELOCATE EINISi1NG'UTILIrIES ~ ~~ _N LAND PLANNaNa AS NECESSARY ............ .... ..... . __. _J 1 -_-_-. I D SM' SiDEwALVS LYiDfO~Pa M6MRlQ~f _ ______ ___7 ___-._ Tfxr as ww T _._.. ' OF NpB ~ I i 6 Rno ooolPior ENTER 30'.JO' NAntlertmh•Flo tla 34788 '. KENO I GPo~ ASnN LF LINFM FEET ~Iq NE wA LEA 38'.1 ]' // NRB TRANy DN (rDOT wo$x 3oa) _ / vcvr - lP KME 5F $OUARE FEET urv FORUONESN~ L i N 3e'.I z' T•I: (/07) 177-0000 s G 878-3761 ~r cuRe(I'oor I DEx 3DD) "`v ~~~° i R ~ ~ - / _ _ r _ - ~~IIIP NiaAFV YC or~iiRa ocvrces AL av ~ KNF~u~(407) I ~i7DO ~~ .ue 1 ~ ~ / _ r _, , 1-11111111 /i0/ / ~ CHER ~ l I I srm 1. - .-~ ` ~ -_- - I ___. ii ~ ~ ~ I I ~ ~ - ~ ~ !, ~ rp neec ~3 ~ ~. - - - - ° - - - ~ - W. snN KOH _- (k y ____ ~O`oE c_~ TlcOn a ' . GARY HILLER ~ DR ~.~'_ -,i~; ~, 47 PxiKMEN~ -\ ji ~ 1 KGH ~i _ - 3 - F~__F--r ~ ! _ I V , ~ ~ \ I ;~ v ~ ~ \ TUSCA WILLA a II _it-- - ---- -- w' ' ~~ "' T g - II ~: ~r I S A '. QU RE ,A - ,~/ : - ~, ~ I\ n~ mP~ ~ I I ~ I i \ - ~ I °' W' -~ ~3~ALx ~, R „~I .. '~ a+pp ~ _ _, v DP D,~EREN;u~„LBE;F,~ ~c°DLDR ~ _ - ~~PEp R.w PEN I I 1.~ , -- -- - N>r~+DEx w. ~~ I l i BLDG pzsmlc ~ - M1 ~L ~rA'~w~ --- - \ R L No ALLO,R~R -_ ~ ~I FF-s3.oo _ ~I~ ~ ~~-la I I T \ GARY HILLERY ', ~ ~ I Mtr ,~a1=,a ®r--P ~ JI I EN AREA ~. ~> ~ o~ I y I - - - ~',~ J ~- 1 I I~; I, . 7-1 ~ \ DRIVE II- R~E ~~ I~ ~ I I® ~ I - ~ ~ - - - - - x , I , ^~.~ ~° \\ IMPROVEMENTS `~~~ =r~ ~. I ~ ~ I I~ I 'I v I I ' Q it-- ~ I I~ I ~~, ~' I ArID~RHPI1 "" ~ 3~1 fi I ~ A 1 I ~ I ~ _ _~___I_ _ ~,I,~ tt µI1,. ~~Y~CAD,RER \ WINTER SPRINGS, FLORIDA E Tana wluNC wuss. To a PawTIEO L -_-_-; I Pa~ePOSED ~ \ I s.IRNUOSUe - I /u/ r ~ I `° 1 ~ ~ \ ctt co uervrs Iz/ss/D Kic s ' I ' i I I ~ ~ .. ~I ~ - _, - - - I 1 Aro ~ , ~ ~ 3 att co MEnrs I~ c _ iohmP~ '' ~_ ~I I !i ~ mil. =„y - - - - lew 5+~0 'I r ' E , , \\ cttcDw,MENrs z 3 03 Krc ~ I ~P I ~ I- - ~ ~-L~~ ~ ~ - ,_- ~1> ROPO L~1(O I I ~ ~ Au, soF ~ I I _ voE DRY , , ' TREES ~ ~ ~ I BLDG ~ I I ~ DETENTION POND ~l a w.N~ L•.^L ' I I I I FF-63.00 pbp L HEN.T I '~ .• ~ ~ I 0 --- ~ - T- o- _ _ I 5 Jt ~ ' ~L AT PME OF 6UILOING PERI{IT - 1 ~ I~ b \ ~ ~ E~rING UPLIIIES (INCLUDING ELEV) I 1 DMENSIONS TO BE P Dv1V~B ~ ~ - or NOEx ; SITE P ' _ ~ to ucwoem AROUND xlr e= - _ ~ ~ -~ ~ ~ (FOG oEx J00) ANO RELOCATE AS NECESSARY 3DD 1 ~n°wAWP cENn+rn ro ~ ~ ~I~ ,-. sER 7 e/TRANS (ro I LAN C END OF CURB ~>~~°,~ a RE~~ I N rD BE WR, LRYARB~R,n r~_/- J ~ -~-- ~ I .11111111 ~, '- ~ E ILNEO A D MRTEO ~ T _ - NA/F FOR ' SJ.]P +K ~ SE uUTELV - .~4 - eNt-ANB a b ~~_ 3 W I AN ,I 111111 r. IL END'DFNRB ~ rv.l. -__ __ /_ - ~ -1 ~ g~0o Y DRIVE= Jul 1, 2004 _ ~,~IE ~- I ~ ---_ _ v EwuK ~I J \~ RI-I srro ~ Y H11.1.ER 2004020 r cuRe mu+yncw vz Ir e'IvALLn curTER PR N,.,„, N,m... crosswux sN.u ~ cox3ml.eR-D q 1 1. _ _ - _ - -- js'• STOV eW o< d!F[RE,nu nnW' WlEANL AND CIX0.4 '. ~ _ (Poor IN X Soo) - S? + I ~~~ PAMP PER PRIN 1'•20' zao~oso.•o FDDr INDEx To.rxP~ ~_~ --- -~~ Cl. sn.. N~.... ----- ~' WINTER SPRINGS BOULEVARD I ~ 03 51 B N Gh'MARK NOT vB~yO uRN csiEA E -i hAIL 3e D~SK SiAMPL,7 3 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 9, 2005 PAGE 9 OF 35 No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on externalities and Deputy Mayor Blake suggested, "There may be some types of externalities that are so egregious that we really need to at least point out, just like we did the outside storage, is listed. That is one of those types of externalities that we have listed here. Noise, the air quality, pollution control devices -maybe we should not list them in the Ordinance, but we ought to at least go back to some administrative section somewhere that says, here are the different externalities that the City of Winter Springs is very concerned about and these must be tended to prior to coming forward." Manager McLemore said, "I think we can do what you're talking about." "MOTION TO APPROVE ITEM `400'." MOTION BY COMMISSIONER MILLER SECONDED BY COMMISSIONER GILMORE. MAYOR BUSH SAID, "MOVE THIS TO THE SECOND READING. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Tuscawilla Town Square (Which Includes Tuscany Restaurant) Located At 1301 Winter Springs Boulevard At Northern Way And Gary Hillery Drive. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department opened the discussion on this Agenda Item. Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WRITER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 9, 2005 PAGE ] 0 OF 35 Mr. Bill Starmer, Architect, Starmer Ranaldi Planning and Architecture (sri), 890 Northern Way, Winter Springs, Florida: representing the Mr. Alec String the Developer for this project, Mr. Starmer stated that in regards to this Agenda Item, "The restaurant in question, Tuscany's is going to undergo some renovation to bring it in line with the aesthetic style of the buildings that are built there." Mr. Starmer noted that Mr. String's "Intent - is to make the renovations to this facility within the same timeframe that the new building is being built. And, what that tells you is that probably within the next six (6) to twelve (12) months, hopefully the new buildings will be under construction and at that time, we will have a design for the renovation of that building into the City for submittal." issues mentioned about the restaurant in question, Manager McLemore, to the City Commission, "All you need to do is put it in the Public Record that «,.a :....,.,. ,. D..a,i:«„ 71..__:a ..«ra tL ,__. ......t___ 4L:_ __4:_1. _~._~ » Commissioner Krebs said, "Okay." Commissioner Gilmore remarked, "Sounds good." Commissioner Krebs stated, "It sounds good." Mayor Bush remarked, "On page 3 of the information that we have; it says `No upgrades to the existing Tuscany's restaurant building are proposed, except for the addition of n n.«.. a....t...~. .. ~ T.. 41...4 ..4:~I ~.. ,.7» wR- 04,.«».,... ,.• •,.,7 «T ~L:«L aL ..4 ..4..4.. «....«4 .« ,.,.«4....4 is true and basically that's the Staff telline you that nothing. no imnmvements to Tuscany's has been uroposed. And we didn't include it. Now we are trying to get the building permit and we're trying to get the process going for Buildings 1 and 2. We're standing here telling you -publicly now that we will be improving that and we will bring that forward to the Staff and Commission for approval." Regarding the proposed style of this project, Mr. Starmer noted, "I'm not sure I support the statement that it won't be in line with the Key West - I think it will be. We're changing the roof to match what the new buildings are; we're going to change the exterior material and color to match what the new buildings are going to be; so I think it will be very much in keeping with that Key West theme." Furthermore, Mayor Bush commented that "Staff had made the comment here that it says Tuscany's restaurant currently has a green asphalt roof, stucco and wood siding and ~~+ that was very much in contrast to the proposed development." Mr. Starmer stated, "W would concur. We are going to try and solve that." KI WOULD MAKE A MOTION WE APPROVE ITEM `401' AND THE MANAGER WILL CONTINUE TO KEEP HIS EYE ON WHAT IS HAPPENING WITH SHIELDING OF THE MOPS AND THAT AT TUSCANY'S RESTAURANT." MOTION BY COMMISSIONER GILMORE. "MAYOR BUSH NOTED, "I BELIEVE HIS RECOMMENDATION WAS - THE MOTION WOULD STATE THAT NO BUILDING PERMIT WOULD BE -UNTIL IT WAS SOLVED TO THE COMMISSION'S SATISFACTION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 9, 2005 PAGE 11 OF 35 MANAGER McLEMORE NOTED, "THE ONLY THING I AM SAYING IS YOU WOULD NOT ISSUE A BUILDING PERMIT - ON THIS BUILDING AT ISSUE - THAT YOU WOULD ALLOW THE ADDITIONAL CONSTRUCTION TO GO FORWARD." COMMISSIONER GILMORE ADDED, "OKAY -THEN THAT IS WHAT I JUST SAID -WHEN WE GET.. TO A PERMIT FOR TUSCANY'S, THAT I5 WHEN WE WILL STOP IT -BUT WE WILL ALLOW THIS BUILDING TO GO AHEAD." COMMISSIONER GILMORE RESTATED HIS MOTION FOR THE RECORD AS, "I MAKE A MOTION THAT WE APPROVE ITEM `401' FOR THE ~~ AETHESTIC REVIEW OF THE - TUSCAWILLA TOWN SQUARE WITH THE STIPULATION THAT THEY CONSIDER WHEN THEY DO THE TUSCANY'S DESIGN THAT THEY SOLVE THIS PROBT,EM WITH THE RESTAURANT VISABILITY PROBLEM - TO THE SA'I`1~5~'A,t."I'ION OF THE GOMMI4SiON.'_' SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE ,,. COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department Recommends The City Commission Hear The Request For A Waiver From Section 6-86. By Way Of Subsection 20.354. (d) (~ Of The City Code Of Ordinances, To Allow An Addition To An Existing Residence At 688 Saranac Drive, Tuscawilla Unit 14A, Lot 104. Mr. Baker introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. ,. Deputy Mayor Blake commented on advocacy and whether this request should have been a `Variance' rather than a `Waiver'." Deputy Mayor Blake spoke on Staff s Recommendations, to which Manager McLemore, stated, "I think your point is well taken; we will certainly have that discussion." ~~, .~ 1"..AFB , ~ ~,u ~~< ~ IF t ,~ tu: ~_r ..,:.r.:_~ 9 ~',` ~, I EXISTING LOAD BEARING BEAM EXISTING STEEL POST ------- -----~ --------------------- ~i ~ I I I I I I I I I COVERED PORCH I I II I I I I I I I I I I I CONKED PORCH I I I I -------------------- - 11'-8" N I EXISTING LOAD i~ BEARING BEAMS EXISTING STEEL POSTS ADD TWO NEW WINDOWS TO MATCH EXISTING STYLE, SIZE AND POSITION ^I ENCLOSE COVERED PORCH REMOVE WINDOW MAKE DOOR OPENING REMOVE WINDOW MAKE DOOR OPENING ENCLOSE COVERED PORCH PORCH ADD TWO NEW WINDOWS TO MATCH EXISTING STYLE, SIZE AND POSITION