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Home My WebLink About2008 04 04 Regular 600 Bart Phillips Winter Springs Industrial ParkCity of Winter Springs Special Meeting 040408_Comm_Special_Meeting_Regular_600_Industrial_Park_Use_Plan Page 1 of 2 COMMISSION AGENDA ITEM 60D Consent Informational Public Hearing X Apri14, 2008 Special Meeting MGR. I~'~~ /DEPT. Authorization REQUEST: City Manager Requesting the City Commission to consider the Use Plan submitted by Bart Phillips for his property located in the Winter Springs Industrial Park. PURPOSE: This agenda item is needed for the City Commission to decide if it desires to move forward with the formal process of approvals for the Use Plan submitted by Bart Phillips for property he owns in the Winter Springs Industrial Park. CONSIDERATIONS: Bart Phillips desires to add and expand certain commercial and industrial land uses in the Winter Springs Industrial Park. These proposals involve a complex set of land and development issues that need to be clearly understood prior to the Commission commencing to a formal process of approval. This meeting has been called to discuss these matters, and the process for moving forward if the Commission decides to move forward. PROCESS: Below are the steps that will need to be followed to process Mr. Phillips' proposed Use Plan. 1. Use Plan: Commission approval to move forward with the formal process of approvals. 2. Ordinance Amendments a. Commission authorization for the City Attorney to begin the process of amending the City's Zoning Ordinance to permit storage of residential vehicles, boats, and trailers in C-2 zoning. b. Commission authorization to rezone property located fronting on S.R. 419 from C-1 to C-2 3. Site Development Conceptual Plan Approval Final Engineering Approval Development Agreement Approval Aesthetic Review Building Permit Issuance FUNDING: None at this time. RECOMMENDATION: If the Commission desires to move forward with the formal approval process the following is recommended. Authorize the City Attorney to prepare amendment to the City's Land Development Ordinance needed to accomplish the Use Plan. Upon approval of Conceptual Plan and review of Final Engineering Plan, authorize the City Attorney to draft a Development Agreement memorializing terms and conditions of a development agreement, under which the Final Engineering Plan will be approved by the City Commission ATTACHMENTS: COMMISSION ACTION: SUGGESTED DISCUSSION OUTLINE I. Owner Presentation II. City Presentation a. Site Issues Overview South of Railroad 419 Frontage Site North of Railroad Site b. Land Use Issues South of Railroad 419 Frontage Site North of Railroad Site III. Planning Issues a. Aesthetic Loss of Trees Trail/Wall Interface Wall Design b. Community Resistance Expansion of perceived incompatible uses c. Set Back Waivers d. Careful delineation of permitted uses. IV. Business Issues ------------------- ---- RAILROAD -- - - RJw ---- ---- ---- ---- ---- ---- '- ------~;:~IDE-----_ E .-.-.-. -- -'- 10.00' LANDSCAPE BUFFER "-'- 10.00' RIW DEDICATION 419 , . , . . . , , , , , . , , . , . , i i ---L L' : I -_ I I -_ I , - , i I' -----~- , ' - , ' , . . ' : I' : . . : : , ' LAR~E PA~MS 1 (TYiPICA~) i I' : : : , . . ' . ' : I' : . . . ' : : . ' . ' , ' , : LARGE PALM (TYP) ENTRANCE ROADWAY WADE STREET ENTRANCE DETAIL N.T.S. 'J ~a Engmr: g, H r". 0.116 Job Number. 0714 ~ Scak 1'-10' D.,e, Se tember 12, 2007 Drawn by. )FO Designed by. HWH Filename, xref's: HARLIN G Consulting Enginecn .Pbnnen'Su~ 419 Metal ~ Auto Recycling Center LOCKLIN .,.~~~~~';.:,.,"':':,",,,,b32804 GtyofWmterSpnngs (&ASSoaATES INC) F=. 407.629.2&\' Seminole County Florida' E."",~ hharlongC""rldn<t....",. Entrance Beautification Plan , ,---------- . ~ ---- - ---- ---- ---- ---- ---- ----------NORTH ------~ N.T.S. -----. r-- DROUGHT RESISTANT LANDSCAPING MAX. 1 A' TALL I ~ -~-- ........._-........ --......... --......... --............ 10.00' RIW ~ t: DEDICATION.. ~ ~ ;2 f'lO (]) l"-o """- CI) raJJ :tj ""-- c:--- o..c::- ft3 -H I , I 10.00' LANDSCAPE BUFFER -- INDEX ENTRANCE BEAUTIFICATION PLAN OVERALL PLAN TRAIL DETAIL PLAN WALL DETAIL PLAN FUTURE USE PLAN DEVELOPMENET PROJECT SPECIFICS COMPONENTS OF REQUESTED ACTION DEVELOPMENT AGREEMENT WITH WINTER SPRINGS DEVELOPMENT AGREEMENT WITH SEMINOLE COUNTY LETTER TO SCHOOL BOARD LIST OF CITY APPLICATIONS READY FOR SUBMITTAL WALL ENGINEERING PLANS t OJ/l9!l:~ Rtvision No. D.aU' Rtvisions Al. Rtv.b. I I I I I I ~ I I I I I I I I - -.......... :d .... .... ~.... ..~ 1rrCONCRETE ...... WAlL .... i c o :i2i k 13 ~ ~ . - z I i j . i lIn f I hl e,:, z u ~~i o~ ~oll '"' i ~ & d OJ) c c: i.~ ~ up. Vl ~ ~~ == C B~ 6 ~'O C JdD - S ti u (3 ::E ~ 0 ~ .~ ~ '" Vl 'aJJ:4,. ,~ eo....._ - ------~....." - ~ _~""'" Ilc'ii~ .....-:-...f1'to..-o,t.""'y ~ 1IQi"-4"~~~- _____ '''''~ - "'" f' PROPERTY UNE TO BE VACATED 1/2 ExIsting Ril1rt of Way to be _. GIN ER E R/W ... ....... EXISTlN POWER POLES w 14'WlDEASPtW..T CXlHCRETl< WAlL ~I . i-sio- t ~ 10'WALL SECTION A-A TYPICAL TRAIL CROSS SECTION NOT TO SCALE EXISTING SCHOOL PROPERTY LINE r EXISTING SCHOOL PROPERTY LINE I I EXISTING SCHOOL PROPERTY EXISTING SCHOOL LANDSCAPING 8 N :::f "'I t '" .D ~ v ~ E ~ ~ ~ ~ :z: li . ~ ~ lXl]~ 1 of 1 SECTION B-B TYPICAL WALL CROSS SECTION N.T.S. SECTION C-C TYPICAL WALL CROSS SECTION N.T.S. ------- :EC/l C/l Z -mc 0 ~[!;~ ill mZm .. ::000 C/l,-l "m-l ::000 ZOO f G)Cg ~~::o ~ ~~ "'tl ; 0 c~ ~ :to mZ -l en OlJl ~~ ~ , -m ~~ ar - , Om ~ () 0 "TIm ::c Z Z o )> ~ :I> en m () -l 5 z ~ P:'C 4. :;EOOOO z -mc 0 ~s::~ -I mZm m :;:00(") oor-l "'tIm-l :;:0(")0 zO(") G)CO ooZo " ~:;:o )>0 ZZ o:!t ~o mZ (")CJ -m ~~ Om 11m Z L-....J________ 5 ~ ~~ . ; "=-'~.I "'~ / I / ia f' (/ /'A I f, 11 ILL'u ,...,_ - / / - - i GIIIG[R IN. ~ / / / / I f / _ _ "_"or' ..". __ / / / T rail Detail Plan ~ Ilop><cr. Drawn by: )FO o H W. H' r. P.E . No.lI629 Designed by: HWH ... Job Number. 0714 FJlename: ~ Scale: 1"-200' uel'a: Date: Se tember 12, 2007 HARLIN G c-.JdaaJ!ool-n.\'boaaen.San.yon 419 Metal & Auto Recycling Center LOCKLIN ...=:--629-"':::'............. City of Wmter Springs (& ASSOCIATES 1Ne) P.,. 407-629-:tW Seminole Coun Florida' B-aWI: ~ RnUlooo AI. Rn. . 1 03/19/08 Rtvision No. no.. ------------------- ,. :<! r "'0 i n ~ -I CIJ ~~ m () , -I al'"" a ~ , ~~ z ~ CIJ t CIJ CIJ m () -I a z ~ :<! "'0 n ~ ~ ~ I'"" () zl'"" -I ;-. () a :g~ fI>:;U Z 0'" O "2 OJ mGl ~ 0, ~Q ~ ~~ () -I a Z :<! "'0 n )> I'"" CIJ ~ ~ z I'"" a ;-. () Z "I fI> el \> CIJ () CIJ CIJ m () -I a Z q ~ ~ ~ .il r- i ~ a< ~i~ J f z 8 l -- '" Q ~~ Rl~ ~Gl S .... ."z ~Gl ~ ~"'~ ~Qgj -~~ z Gl q ~ --I :g~ :g~ 02 ogj i!!Gl ~~ :J'" ~Q ~ ~~ ~a EogWcr. Drawn by: ]FO H W. Hulin. r. P.E . No. 11629 Designed by: HWH ~ Job Number: 0714 Filename: ~ Sale: 1"-200' uef's: Dale: Se tember 12, 2007 ~~ ~~ I I / , / I I ........r. _L. - <t. ,"ltIGER IN. ~j Wall Detail Plan HARLING ~~.PIamoen.s..n.,.n 419 Metal & Auto Recycling Center LOCKLIN .............-.-........... G f Wi S. Pboae: 407429-1861 ty 0 mter pnngs ( & ASSOCIATES lNe) P.., 407429-2155 Seminole Coun Florida . '. Il-molI: ~ 1 03/19/08 No. Date Rl-vision AI. R..... . IInWoa4 - - - - - - - - - - - - - - - - - / / / / / / / / / / / / / / / / / / / / / / N 01-00'44" W 274_08' I I -~ I 1f1 fo '" :.' J ~~fl' I//f ;~1'" /,~ qS/i ~ :, ~ I . / / / / ------li.<Eu.~Wt.______ )J()"'TlCQ :5~~~:!i C:;Us::..Z mmm!:~ ~~~~~ ~NO~1i OZ)>" ~~ZZ~5 ~~~~;=-l Z"OCC:: 0~~d~ C(5;:uOJ G'>:r:m> I-tOAJ ~QD~~ ZIrO g~~5 en< s:: -i-< m !!1- :!i ~~ ~ c: en -i ;U ); r I I I / I I 11 I~ /l I:: I / I.. Ii' lilt If I I / I I :;IJO"TICQ :5~~~:!i C:;Us::"Z mmm~~ ~~~~~ ~~Or1i ~~~~~r- z~G')O<.oo Z.. n>~~ 0'N~~N , ......0> C(5;:ur G):r:moo I-tO)> ~QD~C ~ffiCd c)>z;;:o ~~~Pi ~z~~ r-g~c enZZ -t:::!G') !!10C'l )>Zm r Z -i m ;U Z o ~a Engmr: Ora"" by. jFO FUfURE USE PLAN HARLING Consulting Engineen .Pbnntl1.Su~yon H . r. 0.116 9 Designed by. HWH ~ Job Number. 0714 Filename 419 Metal & Auto Recycling Center LOCKLIN 1.50 Courtland Street Orbndo. FIorid2 321104 Phone: 407.629-1061 03/311~ Rtvision ~ Scal'" as sho\\ID WS: Gty of Wmter Springs (&ASSCXJATES.INC) F= 407-629-2855 03/"/~ Rtvision Se ember 12. 2007 Seminole County Florida E-mail: hlurlinga'llworldnctatLnet Date: No. D... Rtvisions - - Al. A3. Rtv.b ------------------- DEVELOPMENT PROJECT SPECIFICS BENEFITS TO LOCAL GOVERNMENTS · Proposed wall o 4702 + total linear feet o Will completely screen the 419 Auto and Recycling business o Provides buffer adjacent to Trail System o Estimated cost of $500,000 paid solely by property owner o Meets City objectives and fulfills School Board's commitment at the property owner's cost and labor · Property owner donating $462,000 in land value to the City and County for rights-of-way and trail enhancements · Vacating of Ginger Lane and Old Sanford-Oviedo Road o Provides safety and security of public welfare as traffic will be internalized to Lots 11, 11-A, 12 and 33 o Remains encumbered with active Utility Easements I BENEFITS TO LOCAL ECONOMY · Injects in excess of $30,000 each day from people who bring recyclables in and receive cash in return · Removes over 100 million pounds of scrap metal from homes, building sites, and vacant lots each year · Money from these purchases goes directly into the pockets of those in the local economy who will spend that money in the local economy, giving people more disposable income to spend in the community · Employs over 50 people ------------------- COMPONENTS OF REQUESTED ACTION CITY ACTION REQUESTED 1. Approve Wall Permit Application and Waiver per Section 20-34 of the Land Development Code needed to build the wall at ten feet in height (waiver from Sec. 6-190 and Sec. 20-263). 2. Vacate Ginger Lane and Old Sanford-Oviedo Road (School Board meeting for concurrence on April 8, 2008). 3. Waive the existing code enforcement lien on Lot 33, as it is more than offset by the almost $1 million contribution ($462,000 land donation and $500,000 wall construction). 4. Rezone Lots 33, 34, and 35 to the 1-1 Light Industrial zoning designation and approve the accompanying Industrial Future Land Use designation. 5. Restore the conformity of the 419 Metal and Auto Recycling Center business on the existing 1-1 Light Industrial properties. DOCUMENTS ATTACHED FOR REVIEW · Draft Development Agreement with Winter Springs · Draft Development Agreement with Seminole County · Letter to School Board Requesting Ginger Lane Vacate Consent · List of City Permit Applications Ready for Submittal · Wall Engineering Plans ---------~--------- AGREEMENT FOR ZONING AND DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED IN WINTER SPRINGS, FLORIDA THIS ZONING AND DEVELOPMENT AGREEMENT is hereby entered this _ day of _ by and between 419 METAL AND AUTO RECYCLING CENTER, INC., a Florida corporation, 419 Boat and RV Storage, Inc. a Florida corporation, and Bartholomew D. Phillips and/or Cynthia A. Phillips (the "Applicant"), and THE CITY OF WINTER SPRINGS, FLORIDA (the "City"). PREMISES WHEREAS, the Applicant owns or has the right to possess and control certain real property situated in Seminole County, Florida and located within the City of Winter Springs, Florida, described with particularity in Exhibit A attached hereto and made a part hereof, and which parcels are collectively hereinafter referred to as the "Property"; WHEREAS, the Applicant desires to put the Property to its highest and best use; WHEREAS, the Applicant/Applicants is the owner and operator of an existing metal and automobile recycling center on Lots 11 and 11 A; WHEREAS, the Applicant/Applicants is the owner and operator of a proposed storage business on Lots 34 and 35 for automobiles, boats, yachts, trailers, campers, recreational vehicles, other vehicles, and the like; WHEREAS, the Applicant/Applicants is the owner of a vacant site (Lot 33) proposed for future industrial warehousing; WHEREAS, the Property may hereafter be developed and improved into a development consisting of an unspecified number of office buildings and commercial buildings; open and covered storage areas for automobiles, boats, yachts, trailers, campers, recreational vehicles, other vehicles, and the like; storage, loading, and work areas for automobiles, vehicles, machinery, metal, and other recyclables; water retention areas and ponds; beautification and privacy walls; and roads, railroad ways, and pathways (the "Development"); WHEREAS, CSXT railroad lines and a Florida Power and Light transmission line easement currently run through the Property; WHEREAS, the Applicant has developed a 42-month plan that indicates proposed improvements to the Property and which is incorporated hereto as Paragraph 2. Beautification Walls and made a part hereof; WHEREAS, the City has the exclusive authority, ability, and right to zone the Property and determine its permissible uses; WHEREAS, the City has the exclusive authority, ability, and right to create municipal ordinances which may and do affect the Property's uses; WHEREAS, the City has rezoned the Property to make the Applicant's business uses nonconforming uses; WHEREAS, the City desires to beautify its industrial and commercial areas; and WHEREAS, the City desires to cooperate with the applicant to complete the missing section of a Seminole County pedestrian and bicycle trail. NOW THEREFORE, in consideration of the premises hereof, the work to be done by the Applicant, certain monies currently owed to the City by the Applicant and other monies which Applicant would otherwise owe to the City for certain development-related activities, and other actions to be taken by the City as described hereafter, the Applicant and the City agree as follows: I.New Development. The Applicant agrees to develop and construct new buildings, water retention areas, pathways and roadways, and beautification walls on the Property as indicated on the Site Plan. The Applicant and the City agree and understand that the Site Plan is a good faith rendering that indicates future development intent and may be modified to conform to the requirements of city building codes, fire codes, and other, state and county laws. The Applicant and the City further agree and understand that the Page 1 of 4 ---------~._------- Applicant will meet code requirements for water retention on the site and in conjunction with Seminole County, utilizing some of property donated to Seminole County for the Trail extension. The City agrees to approve the Site Plan for development of Lots 11, 11- A, and 12 as built. Further construction on Lots 11, 11 A, and 12 will be permitted through the City process for such development. The City also agrees to modify its Comprehensive Development Plan and zoning, if necessary, to conform to the uses and development of Lots 11, l1A, 12, 33, 34, and 35 as indicated herein. The Applicant agrees to work in good faith and with due diligence to complete the improvements described in this paragraph within five (5) years from the date of execution of this agreement. 2.Beautification Walls. As indicated on the Site Plan, Applicant shall construct with the City's permission and a City Permit (including any height waiver needed, as allowed by Land Development Code Sec. 20-34), a ten foot (10') tall concrete wall, the purpose to provide some shielding of the Property from view and to provide the owner of the property with additional security. The total length ofthe walls will be approximately four-thousand seven hundred and two (4,702 :t) feet in length. The walls will be built in stages with the sections nearest to Layer Elementary School being constructed first, the sections along the Seminole County Trail constructed second, and the remaining walls constructed last. Applicant shall complete the first stage of wall construction within twelve (12) months after approval of all plans, zoning, vacating and land use changes and the issuance of a City building permit. Applicant shall complete the second stage of wall construction within an additional twelve (12) months, i.e., within twenty four (24) after approval of all plans, zoning, and land use changes and building permit issuance. Applicant shall complete the remaining walls within an additional eighteen (18) months, i.e., within forty two (42) months after approval of all plans, zoning, and land use changes. 3.Pedestrian and Bicycle Pathway. The Applicant agrees to work with the Seminole County to extend an existing pedestrian and bicycle trail system from Layer Elementary School along that portion of State Road 419 which is adjacent to the Applicant's Property. The Applicant shall donate to Seminole County a thirty foot (30') wide strip of real estate, including comer clips, adjacent to State Road 419 and extending the length of the Property so that the existing nature and bicycle trail system may be extended. The value of said donation shall be $420,000. The Applicant and the City agree and understand that such an extension of the nature and bicycle pathway must cross the CSXT railroad lines. Said donation of land to Seminole County will be codified by a Development Agreement with Seminole County and shall take place within 60 days of approval of this agreement and the issuance of all permits needed to begin construction of the beautification wall. 4.CSXT Railroad Lines. The City agrees to not interfere with the Applicant's business relationship with CSXT, which may include the extension of railway onto the applicant's property. However, the City agrees that the Applicant should- and the Applicant agrees to- facilitate the pedestrian and bicycle trail crossing with CSXT. 5.The Applicant agrees to donate property to the City of up to ten feet (10') in width with said property adjacent to and parallel on each side of Wade Street and running from the west side of State Road 419 to the existing CSXT rails. Applicant shall participate in landscape beautification plan to dress up the entrance to the industrial park at Wade and Hwy 419 between the 30 foot trail donation and the edge ofthe Florida Power and Light easement over Lots 33 and 34. 6.Automotive Traffic. The Applicant agrees to internalize traffic related to its businesses as much as is reasonably possible. The City agrees to not require or request the Applicant or the owner of the Property to fund or pay any special assessments for expansion, repavement, or improvement of roadways or turning lanes which are adjacent to the Property and which the City may want to make to State Road 419 or Wade Street. The City also agrees to vacate Old Sanford Oviedo Road between Lot 11 and Lot l1A, which are identified with particularity in Exhibit A, and deliver clear and marketable title of said portion of Old Sanford Oviedo Road to the Applicant. The City further agrees to vacate Ginger Lane and deliver clear and marketable title of Ginger Lane to the Applicant. However, all utility easements and rights-of-way currently enjoyed by governments or utilities shall remain in place. Page 2 of 4 ------------------- 7.Fines. Accrued Interest. Landscaping Requirements and Tree Removal Permit Fees. The Applicant and the City recognize and understand that the proposed beautification walls, indicated on the Site Plan, are substantial and expensive, similar walls constructed by DOT along limited access roads costing in excess of $1,000,000 per mile. In return for the construction of the walls, the City agrees to abdicate any and all code enforcement fin~s and accrued interest thereon which the Applicant currently owes to the City. The City further agrees to waive any and all landscaping or arbor regulations and requirements other than those heretofore mentioned at the entrance to the Industrial Park and along the exterior project boundaries where the wall is to be constructed so as not to inhibit the public purpose acknowledged in this Agreement. Landscaping along the exterior section of the wall fronting Layer Elementary and Hwy 419, while located on the Applicant's property, shall be the responsibility of Seminole County through their Trails program. It is agreed that creeping fig shall be used along the exterior of the base of the wall to provide a "green" cover for the exterior concrete finish of the wall. The City further agrees to waive any and all Tree Removal Permit Fees that mayor will become necessary for the Applicant to develop the improvements that are indicated on the Site Plan. The Applicant and the City agree and understand that the City's abdication of existing fines and interest and the City's waiver of future tree removal permit fees will help the Applicant offset some of the Applicant's expense of planning, designing, and constructing the proposed beautification walls requested by the City. 8. Zoning and Variances. The City agrees to restore the existing uses as conforming 1-1 Light Industrial zoning uses on Lot 11, Lot II-A, and Lot 12, which are identified with particularity in Exhibit A, so that those lots may be used for any and all activities incident to, related to, or reasonably necessary for the Applicant's commercial business of recycling of automobiles, vehicles, machinery, metal, and other materials. The City also agrees to rezone Lots 33, 34, and 35, which are identified with particularity in Exhibit A, to 1-1 Light Industrial so that they may be reasonably used individually and collectively for the Applicant's commercial business of providing covered and open storage of automobiles, boats, yachts, trailers, campers, recreational vehicles, other vehicles, and the like on Lots 34 and 35, and a future use of Lot 33 as an industrial warehouse complex. It is understood and agreed that the zoning changes identified in this paragraph will be made so that the Applicant's commercial uses of its Property will comply with the City's zoning of the Property and so the Applicant will not be subject to fines or other penalties for its use of the Property. It is understood and agreed that the current zoning classification needed to effect the aforementioned uses for Lots 11, II-A, 12, 33, 34, and 35 is "Industrial". Additionally, the City agrees to eliminate any and all non-conforming use limitations on Lots 11, II-A, and 12. It is further understood and agreed that the City will not subject the Applicant to fines for nonconforming uses for a period of 30 years from the date of execution of this agreement. The City shall grant any and all necessary variances to height limitations of walls and fences. The City shall also grant and approve zero (0) lot line setbacks for structures and walls on the subject properties. 9. Miscellaneous. a. Time is hereby made of the essence of this Agreement in all respects. b. This Agreement constitutes the entire agreement of the parties and expressly supersedes all negotiations, previous agreements or representations whether verbal or written, and may not be amended in any way whatsoever except by a writing executed by both parties hereto in a manner equal in dignity to the execution of this Agreement. c. This Agreement shall inure to the benefit of- and be binding upon- the heirs, successors, personal representatives and assigns of the parties hereto and shall constitute a covenant running with the Property and each individual parcel of the Property as described in Exhibit A. d. This Agreement shall be governed by the laws of the State of Florida. e. This Agreement shall be effective upon proper execution by both parties hereto. Page 3 of4 ------------------- f. This Agreement shall be executed in several counterparts, each of which if properly executed by both parties shall be considered an original. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their names and their seals to be hereunto affixed, by their proper officers thereunto duly authorized, on the day and year first above written. 419 METAL AND AUTO RECYCLING CENTER, INe. Bartholomew D. Phillips, President Bartholomew D. Phillips, Owner Cynthia D. Phillips, Owner ATTEST: THE CITY OF WINTER SPRINGS, FLORIDA ATTEST: Page 4 of 4 ------------------- Development Agreement Between Bartholomew D. and Cynthia D. Phillips And the Seminole County, a political subdivision of the State of Florida Bart and Cynthia Phillips shall: 1. Agree to donate, according to applicable IRS Code for Deductible Contributions, thirty (30) feet of property fronting Hwy 419 from LOT 33 (less E 143.14 FT) ENTZIMINGER FARMS ADD NO 2 PB 5 PG 9, and LOTS 34 AND 35 ENTZIMINGER FARMS ADD NO 2 PB 5 PG 9 of the Seminole County Record to Seminole County, a political subdivision of the State of Florida 2. Said donation shall be accompanied by a warranty deed granting clear and marketable title, less easements already part of the public record. 3. Agree to construct a 10' tall concrete wall at their property line shielding the remainder property from view and providing additional security for users of the proposed section of the Seminole County Trail system. This wall, which will also be included as a part of a Developer's Agreement with the City of Winter Springs and includes sections outside of the Trail portion, shall be approximately 4702 feet in length. It will be built in stages with the sections nearest to Layer Elementary being constructed first, the sections along the Seminole County Trail constructed second and the remaining walls constructed after that. 4. Agree to work with the Seminole County Engineer to work out details concerning a vegetative cover (creeping fig) for the Trail side of the wall. Said vegetative cover shall be the responsibility of Seminole County to plant and maintain. 5. Provide the County Engineer with a recent survey, topo and tree count ofthe subject property. 6. Work with CSX Railroad to obtain approval for the Trail to cross the CSX line currently being used by Mr. Phillips and others as an active railway. 7. Donate up to 10' of property along Wade Street on the West side from Hwy 419 to the CSX railway to the City of Winter Springs to facilitate improved access from Hwy 419 and to provide additional room for the Trail crossing of Wade Street. 8. Said donation shall occur within 60 days of Winter Spring's acceptance of a separate Developer's Agreement with Bart and Cynthia Phillips concerning the subject and other adjacent property. Seminole County shall: 1. Provide all necessary documentation for the property donation to be classified by the IRS as a charitable gift or donation. 2. Said value ofthe 54000 +/- square foot donation shall be set at $8.00 per square foot or $432,000 dollars. 3. Resolve all issues with the Seminole County School Board concerning the location of the trail extension from its current end point at Layer Elementary's entry driveway to the donated Phillips property. 4. Provide preliminary engineering for the proposed construction of the extension around and in front of the Phillips property. 5. Clear the property of vegetation for a distance of twenty (20) feet from the property line adjoining the remainder Phillips property. This will be approximate width of the proposed retention swale (8 feet) and the paved trail area (14 feet). This will facilitate the construction of the wall by Mr. and Mrs. Phillips and allow for the beginning phase of the trail landscaping (creeping fig) to be planted and cared for by Seminole County. 6. Provide for the necessary fill dirt, when needed, to match the elevation of the adjacent property as the wall is constructed by the Phillips. 7. Allow the Phillips access to the 66" storm drain, city sewer forced main and water line in the half right of way currently owned by the City of Winter Springs should that property be donated to the Trails program. 8. Allow for access (crossings) across the Trail to provide for the use of the remainder property if needed. 9. Agree to construct the "missing link" of the Seminole Trail on the donated property within 36 months of receipt of deed or the property shall revert to the Phillips free of any and all encumbrances not already recorded at the time of the donation. The property shall also revert to the Phillips free of any and all encumbrances not already recorded at the time of the donation, upon any action of the City of Winter Springs to amend the zoning or future land use classification to a designation that restricts the use of the donor's other properties to something other than industrial. 10. Should Seminole County ever abandon the trail constructed on the donated property contained in Lots 33, 34, and 35, Entzminger Farms Add No 2, PB 5 PG 9 along Hwy 419 due to the construction of an alternate route, the donated property shall revert to the current owner of the adjacent property. [COUNTY SIGNATURE BLOCK PAGE TO BE INSERTED] ------------------- HARLING LOCKLIN '"' \SSOCI \ITS. I'\C. CONSULTING ENGINEERS. PLANNERS March 19, 2008 Diane Bauer, Chairman Seminole County Public Schools School Board 400 East Lake Mary Boulevard Sanford, FL 32773-7127 RE: Letter of Understanding- Request for Board's Consideration of Vacating Ginger Lane Dear Chairman Bauer, We are seeking agreement by the Seminole County School Board that my client, Bart Phillips, may retain all of the Ginger Lane right-of-way upon vacation, in exchange for building a wall adjacent to the School Board property. This would involve the School Board agreeing to the vacate of the 25' half right-of-way in Mr. Phillip's favor, to proceed with a sound/security wall in the eastern 25' of Ginger Lane closest to the Layer Elementary property boundary. With this Letter of Understanding, there is an attached plan for the Board's consideration and approval. The plan details the proposed wall that will be constructed within the Ginger Lane right-of-way upon the vacate approval by the City of Winter Springs. The wall will be solely within the property my client is seeking to retain and is proposed to be set-in from the School Board property. This location allows us to provide access to the power lines on Ginger Lane and keep all of the School Board property trees between the right-of-way and the black fence erected by the School Board. We are seeking that our request (Letter of Understanding) be approved by the School Board at their next earliest meeting for consideration and approval. Once this is complete, we will then be able to move forward with the vacate request from the City. We will be glad to attend and answer any questions the Board may have. Please let me know if you have any questions regarding the proposal, the enclosed plan, or if you need additional information to take to the Board. Thank you for your time and consideration and please contact me with the date and time of the School Board meeting agenda on which this request will appear. Sincerely, ~6. Hugh W. Harling, Jr., P.E., Presiden Harling Locklin and Associates C: Bart Phillips, 419 Metal and Auto Recycling Bob Goff, Special Projects Director, 419 Metal and Auto Recycling Dr. Bill Vogel, Superintendent, Seminole County Public Schools John Leroy, Facilities Planning Department, Seminole County Public Schools I' 850 COURTLAND STREET. ORLANDO, FLORIDA 32804 (407) 629-1061 · FAX: (407) 629-2855. E-mail: HHarling@HarlingLocklin.com ------------------- List of City Permit AIDllications Readv for Submittal The following list of permit applications and fees are prepared and ready to be I submitted for permitting the wall and the right-of-way vacate request. 1. Vacation and Abandonment Application 2. Building Permit Application (Wall) 3. Board of Adjustment Waiver Application 4. Arbor Application The applicable land use amendment and rezone applications will be prepared and submitted in accordance with the Winter Springs Community Development Department timelines. I ~ ...-~.- ~_"""'~..~..U'_"":'...o$~..~~{Ji,,"':":~,a."'>ri"~ ___.............."""''''''''"..__'''''.u.__=:'....--..=..,- ....".~"-L.z"'l CAP Ll1<'~aD'~~.... ---............. Ii )( x I ~- ~ .... 3 ~-.. I ~~ ~-- ~~ ~ ., I I I: I I I 10'-0" HORIZONTAL WALL LOCATION ~--~ I - '------- .~... :3 ---"""'"It---:.-+">. -.....-.-- . " .. '. ,,'" . .~... CIO a'COVER ~ LESS WALL LAYOUT PLAN (TO BE UiEO FOR WALL LOCATION ONLY) I "-0" I QD TYPICAL PANELs~A~~31~m:. VAlIIES Nl" 01 z'-o" IVP CAPn PANELn 3/4" JOliff CAP ./0111 IIlP) PRECAlI CORC CAP r;~j-1 _ -'-_ _____9. _______ . "-0. li-- 1 j 8'.0. I I --------,-----------~---,---------------,--- I --- m ------ ----- --If'- ----- - --- u s-CA' I-i' -- .- PRECAlI WAU. PABEL I I '-~ ',~ /- OPTIONAL UP Jl MAll .. !! ~;'~ , ___4_ _ _ _ ~_ _' --.1- _ __ ~ __ ~___ <I <1' 4 d 'i" I !R!!'!.._._ ______ _________ <1 4 <1 -- - --."3'- ~- -" ~, <1 I" ,_ I I I I ~------ --------~---------------~------- -------~------ II PRIMARY FlU SECONDARI EICAPSUIAOON POIR USE SPRUDU IAI fOR L1fTllli PARTIAL WALL ELEVATION SCAlE! 3/8"=1'.:0- PARTIAL PANEL ELEVATION (f;) TOP VIEW 2!E:~~~1~! - .-.-- SCAlE: 3/4"-1'.0" I 1I0lE: WALL DESIIIN '&FOR SCBEENWAlL UILI INIII DESIGNED FOR ftEfFHJlON) .~ SEE PIAN SlCIION (jJ FOR REIIIFORCEMEHI ~ .. --I' PRECAST CUNC WALL PAnEl (C'IIZ') /lJlRDWOUD WUGU 10 ALIGN WAlL 8' ~l --'4- ~ =i) I ~ __IECONRARI rOllD I J;- -f-,-- (EASIDEI CUI.o n. I rl~ ~..5sII.RYr@12.0.r.. q I I I <1 w/9U',4'1I000@10PENDS I I I ENOS . rRINARY-- d I I ~ FIG I I C 30"'" ./7l:_<1-~-~~L:-~ ]1".'" '" lJ) J ~I 8'-1' GRADE , - ~ 2-MS'. -- L CONIIOP COLD.n ---"" L1:'llYPICAL WALL ~~J!:mm_ \!D SCAlE: 314"_1'.0' /--4. #3'sCOln i[.t ,-!.l ~~}, . --1-- -#3~180'1I00IEA I . SIDE @ 24' O.C. 3-COVEII. . 4' Z' 90' II0llk fJ'J pnECAj)Tj:ONCJ;J\PS!~lW~ \.!l SCALE: 1112"=1'-0' .. I I/Z' BACkER ROO ...'N .. .. rl'lYANEL JOINT I!fJ1\l~ \!V SCALE: 1112"=1'.11"' tJ c:l ~I . '" "-" --"------- -- - ... - -- --- - ZO ~~~~ ~~OIZ ~J Hp..l~ C', ~ ~~.a~~i~Nm <r:zaf.~1j~ ::r::::-;:: ." 12 . U0:::s~HJ Za:~lt."<t .:-.j ~~gsg ~:~:a.~ cc e 5 ::!. fJ 1lI.1I :: g g -~ ~ .... ::J 11IIIII -I f.x: ..... I,U ;!Z ZUA ILl t.:) _J wCQI&. f.l: Z "' u-fIJ C'J')...IW Uz IoU>- ...... 1- (.) ~ LUw"- a::o::UJ t.:) ~04 0: zvulU Oct- (.)1-2: t-=>>""'" conct:J ctm C.) .,- U.I If(J' a: o..@ 0: IIA I- otJZ UJ 0(.) I-m =z ct..... m.... ,...u "1:1'>- Co) w n: IItAWI: JI:l CIEDKfD: III. 'All!: 01.18-0a SCllE: AlItOUD PlonCINo. 011-441 1 OF 2 S1I!:Er 81