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HomeMy WebLinkAbout2008 05 27 Public Hearing 500 Aesthetic Review for Fence Modiciation JDC Buildings #4 and #17COMMISSION AGENDA ITEM 500 May 27, 2008 Special Meeting Consent _ Information Public Hearin X Re ular .,,,~ MGR. /1'-' /De t. REQUEST: The Community Development Department -Planning Division requests the City Commission hold a Public Hearing for the Aesthetic Review of the proposed fence modification between JDC buildings #4 and #17 and the adjacent Kingsbury residence, within the Town Center. PURPOSE: The purpose of this agenda item is for the Commission to consider, provide comment on, and approve, approve with conditions and/or modifications, or disapprove the Aesthetic Review modification. The purpose of the Aesthetic Review process is to encourage creative, effective, and flexible architectural standards and cohesive community development consistent with the intent and purpose of Article XI -Minimum Community Appearance and Aesthetic Review Standards. APPLICABLE REGULATIONS: Section 9-601. Approval prerequisite for permits. Section 9-605. Submittal requirements. City of Winter Springs Code of Ordinances (Town Center District Code), Section 20-320 through 20-327. Section 20-418. Residential wall buffers required. Development Agreement. CHRONOLOGY: January 24, 2005 -City Commission approved final engineering plans for 2 acre portion at the NW corner of the existing 14+ acre Doran site (Buildings 3, 4, & 16) March 15, 2005 -Pre-construction meeting held for the 2 acre portion of the 14+ acre site Apri125, 2005 -City Commission approved revised final engineering plans (removed big oak - Building 17 not included) August 22, 2005 -City Commission postponed Building 17 concept review September 12, 2005 -City Commission approved the concept plan for Building 17 August 28, 2006 -City Commission approved final engineering and aesthetic review of Building 17 (including the wall between the Doran and Kingsbury properties) May 27, 2008 Public Hearing Item 500 Page 2 of 4 CONSIDERATIONS: Buildings 4, 16, and 17 of the Doran development abut the Kingsbury property. A wall/fence combination was approved adjacent to the Kingsbury residence as part of the aesthetic review of Building 17. It was understood that the wall/fence was a temporary measure -that it would be unnecessary when the Kingsbury property is eventually transformed from asingle-family residence to a more urban use and structure. The approved decorative fence along the southern and western boundaries of the Kingsbury property had been requested by Mr. Kingsbury. The brick columns have been designed to match the brickwork on Building # 16 and are spaced twelve (12') feet on-center with decorative picket fencing in between the columns. There is one section of this fence that is a solid wall, situated adjacent to a planned outdoor activity area for building #17. Again, this solid wall section was requested by Mr. Kingsbury. This fence was to attach to the white fencing installed by the City for Mr. Kingsbury at the northwestern property corner. The Kingsburys have recently requested to have the design of this decorative fence modified to match the existing PVC fence that currently exists around the northern and eastern boundaries of their property (see Attachment E). The submittal requirements for aesthetic review are set forth in Section 9-605 and include the following: (a) a site plan; (b) elevations illustrating all sides of structures facing public streets or spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other constructed elements other than habitable space, if any; (e) illustrations of materials, texture, and colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural and engineering data as may be required. The procedures for review and approval are set forth in Section 9-603. The City Commission may approve, approve with conditions, or disapprove the application only after consideration of whether the following criteria have been satisfied: (1) The plans and specifications of the proposed project indicate that the setting, landscaping, proportions, materials, colors, textures, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. The proposed fence design was requested by the Kingburys and said design matches the fencing that currently exist around the northern and eastern boundaries of their property. As previously stated, this fence is to be considered temporary. (2) The plans for the proposed project are in harmony with any future development which has been formally approved by the City within the surrounding area. 2 May 27, 2008 Public Hearing Item 500 Page 3 of 4 The proposed fence is in harmony with the existing fence and will be more easily removed to conform to the Town Center Code when and if the Kingsbury property is redeveloped as part of the Town Center. (3) The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: (A) Front or side elevations, (B) Size and arrangement of elevation facing the street, including reverse arrangement, (C) Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. The proposed fence design is consistent with the existing fence around a portion of the Kingsbury property and is acceptable to both of the adjacent property owners (the Kingsburys and JDC). (4) The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. The proposed fence design is in harmony with the existing fencing in the area. (5) The proposed project is consistent and compatible with the intent and purpose of this Article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Town Center guidelines) and other applicable federal state or local laws. The aesthetic package meets the requirements of this Article, the City's design criteria as specified in the Code (especially the Town Center Code) and the City's Comprehensive Plan. Again, this fence has always been considered a temporary element. (6) The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. (Not Applicable) FINDINGS: • The proposed development is located within the City of Winter Springs Town Center. • The subject fence was located/approved at the request of the adjacent property owner (the Kingsburys). • The proposed modification is being considered at the request of the adjacent property owners (the Kingsburys). 3 May 27, 2008 Public Hearing Item 500 Page 4 of 4 • The subject fence has always been acknowledge as a temporary element. RECOMMENDATION: Staff review found the applicant's request for a modification to the approved Aesthetic Review in compliance and recommends that the City Commission approve this modification to the aesthetic review package. ATTACHMENTS: A -Minutes of August 28, 2006 Commission meeting B -Development Agreement C -Previous Aesthetic Review Package D -Proposed Aesthetic Review Package E -Kingsbury Letter of March 13, 2008 COMMISSION ACTION: 4 ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 28, 2006 PAGE l2 OF 29 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 205.1 Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of JDC Building Number 17, A 26 Unit Condominium Building Located On Blumberg Boulevard In The Town Center. Introducing this Agenda Item, Mr. Stevenson said, "Building 17 is located in the Town Center, proposed along Blumberg Boulevard. Again, it is our first residential component building located along Blumberg [Boulevard]. Additionally, Mr. Stevenson noted, "It is almost a companion building to Building 4 that you have approved a number of months ago when we were currently reviewing the plans on it. It's proposed as atwenty-six (26) unit condominium building, and located again along Blumberg Boulevard -you have seen this building a number of times. August the 22"d we postponed it; September the 12`I' they reviewed the Concept Plan for Building 17, and again, I need to amend my chronology, it was October the 10`I' that the City Commission approved the Concept Plan for Building 17 and the Development Agreement." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, 205 Little Creek Lane, Winter Springs, Florida: commented on nearby features. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: commented on delays and details related to this review process. Commissioner Miller stated "Point of Clarification "and spoke of the review process. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 28, 2006 PAGE 13 OF 29 In referring to a large tree noted on the proposed plans, Commissioner Miller said, "They are actually going to put that tree in? That is amazing." Mr. Stevenson said, "I believe that tree exists there, however, the health of that tree, unfortunately at this point, is in question. Our Arborist has looked at that tree." Commissioner Miller pointed out, "It really adds to the beauty of that building." Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: said, "What we'll do, if we do determine the tree can't stay, we'll replace it with some other trees." Deputy Mayor Blake added, "Same height." Mr. Tullos noted, "I didn't say that." Furthermore, Mr. Tullos remarked, "It is a fabulous looking tree -we're trying to save it." Manager McLemore asked, "Did you say there, the balconies on the first floor were 4.6 or a combination of 4.6?" Mr. Tullos said, "I actually think there are a couple of different sizes there. Some are as big as 6.8." Manager McLemore said, "I thought the Commission had stated that they had to be a minimum of six (6) on the first floor, first floor only, and then there'd be acombination -the top of the first floor." Reiterating his comments to Mr. Tullos, Manager McLemore asked, "The balcony depths - between the first and second floor, Ithought -previously, the Commission had said it was a minimum of six feet (6') there and then you could have combinations of fours (4's) and twos (2's) the rest of the building. Am I wrong on that?" Mr. Tullos said, "I don't recall a six foot (6') first floor. I recall just a simple combination of twos (2's), fours (4's), sixes (6's), and eights (8's), or twos (2's), fours (4's), and sixes (6's) throughout the project." Commissioner Krebs said to Manager McLemore, "I think you need to go back to some notes because I think you are right." Mr. Tullos said, "We still have six foot (6') balconies on the second floor. Is that what you're asking?" Manager McLemore commented, "That is what I am asking." Discussion ensued on the roundabout area. Mr. Rick Mazian, Project Coordinator, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: remarked, "That is correct. It is a combination of -you have the benches in between and then you'll have the seat wall also where the seat is steep enough for someone to sit on. So, it'll be a combination of the two (2)." CrrY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 28.2006 PAGE 14 OF 29 Manager McLemore said, "My only question about that Rick (Maxian) was the seat walls are permanent, the benches require a lot of maintenance." Mr. Maxian said, "Well, the benches will be the metal benches like you guys have on Tuscawilla [Road] right now, so the maintenance is almost nothing for that; maybe painting every five (5), six (6) years, something like that, but it is a combination of the two (2)." Furthermore, Manager McLemore said, "And I'm assuming that this will be actually like brick veneer or azch stone type veneer on this and not just concrete?" Mr. Tullos said, "More likely the second that you spoke of. Absolutely not just concrete. No." Mr. Tullos continued, "It will likely be concrete block wall faced with an azchitectural stone." Manager McLemore said, "Well, can we get a commitment on that so that we can get it in the record?" Mr. Maxian said, "That's correct. And then the piers will be the brick to match Building 17, and where the benches aze will be the arch stone backing. That's correct." Continuing, Manager McLemore said, "I'm trying to understand, how lazge is the brick section here and that's a fairly large monument - on the Site Plan?" Mr. Tullos noted, "Basically three (3) sections of feet." With discussion, Manager McLemore said, "The point of it is, you can continue this, maintain that open, more like an urban design instead of a wall and you can landscape, fill that with landscape and still serve your privacy, and you wouldn't have that monument there, that brick monument there." Discussion. Mr. Tullos said, "I'm in agreement that the entire wall is temporary. We don't want to do it anyway." Commissioner Gilmore said, "Where is your A/C (Air Conditioning) going?" Mr. Tullos said, "The majority of the units aze going on the roof." Further discussion ensued on balcony sizes. Mr. Chuck Travis, AIA, Principal, The Housing Studio, 500 East Boulevard, Charlotte, North Carolina: remarked, "If it is a six foot (6') requirement, if it is written in black and white, we'll be happy to accommodate that, but I think the intent that we were wanting to have a variation of balcony sizes. This is a very important unit on this corner and I think the desire of that evening was talking about having the four foot (4') balconies so that you could at least have a chair out. And we've tried to accommodate that and as you'll see if you follow the building plans, it actually decreases to two feet (2') as you go up. But, there are entry pedestals; there are variations throughout the building, such as a large corner balcony, this one is particularly large, so you get different market units." Manager McLemore said, "I think that was debated." Mr. Travis said, "It was. I recall." CITY OF WRJTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 28, 2006 PAGE I S OF 29 Mr. McLemore continued, "About six feet (6') at the second floor level and then the vaziation above that." Deputy Mayor Blake said, "And then there's a question about BS- 2 over here also." Deputy Mayor Blake continued, "Now this particular unit has two (2) balconies. But, that one also looks to be something less than six feet (6')." Mr. Travis said, "It is. You're correct." Manager McLemore asked, "That's on the side street?" Mr. Travis said, "It is." Deputy Mayor Blake said, "Well, we have our Ordinances and Codes hopefully written down someplace. Mr. Baker, do you recall, or can you cite for us what the Code states for balconies at different levels?" Mr. Baker said, "The second floor balconies have to be six feet (6') deep according to Code." Deputy Mayor Blake asked, "Can you cite the Section of Code that that is in?" Mr. Baker said, "That is Section 20-326; six foot (6~ minimum for second floor balconies." Deputy Mayor Blake asked, "What about unit BS-2? The problem is since it's in the Code, we just can't ignore it. It doesn't mean it won't necessarily change, it just means we can't just ignore it. There has to be a process that we have to comply with.,' Manager McLemore said, "We've have had extensive conversations with your Consultant and we've -been down there with Developers and we've gone over and over and over this, that the second lower level balconies was there to perform a function which was to provide some relief to the street in terms of shade or rain; and he really wasn't concerned what happened on the third, fourth, fifth floors, but on the -first floor they needed to be not less than six feet (6'). Deputy Mayor Blake said, "Right." Manager McLemore continued, "And then you could have combinations and changes as you went forward or up the building vertically, in order to create the architectural balance." Discussion. Mr. Travis said, "The only point that I wanted to make is this is actually the sidewalk in this area. And then you have the entry stoop that brings you up to the lower level unit. This is actually the four foot (4') balcony that we're talking about, the extension on the end which is adjacent to the residential home that is remaining. So, this is the piece of the building, that's where the four foot (4') balcony would occur. So, if you want to take this to six feet (6'), I think it works, the problem is it starts pushing on the tree, which as I've learned tonight, may be going away anyway. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 28, 2006 PAGE l6 OF 29 The building right now, if you look at in plan, it's not symmetrical. The reason that we had stepped this back in was to help to preserve that tree. The other balcony could also be six feet (6~. It could also go away and become some type of bay window extension to that unit. We just thought it was a nice break to the Elevation. That's why we introduced it." Mr. Maxian added, "Yes, that's the point, it created the reveal. If you go to six feet (6'), you come closer to matching that very next bump out. Structurally can we do it, yes. Architecturally, do we like it, no? That's the honest answer." Deputy Mayor Blake said, "Apparently on September 12~' 2005, almost a year ago, the Commission had an extensive discussion on balconies. And it looks like we made a decision that was never carried out in Code. So Ron (McLemore) -the discussion was to have a mix of balcony widths, depths - I don't think it says anything in that discussion about where different size balconies go. Does Section 20-326. say anything about levels above the second story or can you tell when that Code Section was amended?" Mr. Baker said, "I'm not awaze that there's any requirement on the levels above the second floor." Mr. Baker added, "I don't believe it's been amended since I've been here." Regarding Section 20-326. of the Code, Deputy Mayor Blake said to Attorney Gazganese, "It is talking about balconies, specifically the second story balcony must be six feet (6') deep. Commission Meeting, September 12~' 2005, there's a lengthy discussion on balconies, types of balconies, depths of balconies. And there were two (2) separate Motions by the Commission that were passed, talking about a mix of the balcony depths, but apaeently there's been no Code change, no text change in the Code since that time. And the discussion on September 12"', 2005, as I read it briefly, I don't believe has any text that requires anything on one (1) floor versus another floor. And we have a plan here that has a four foot (4') balcony on the second floor and a second, four foot (4') balcony on the second floor. And while I think we want to approve it, it doesn't comply with law as the Code book states." Further discussion. Deputy Mayor Blake asked, "We still come back to the question, `Where are we'?" Manager McLemore said, "I think the answer is, `Where do you want to be'?" Manager McLemore continued, "The function of the balconies is to provide, again, your relationship to the street, provide for a degree of protection from sun, and weather, rain - and obviously architectural variation as well. That was the main function and the reason why they did not have to be six feet (6') as you vertically - go up the building, vertically." CITY OF WINTER SPRINGS, FLORIDA MRVUTES CITY COMMISSION REGULAR MEETING -AUGUST 28, 2006 PAGE l 7 OF 29 Tape 3/Side A Discussion ensued on balconies. "I MAKE A MOTION THAT WE APPROVE -THAT WE APPROVE THE AESTHETIC REVIEW WITH THE EXCEPTION OF THE TWO (2) CHANGES TO EXTEND THE FOUR FOOT (4') TO SIX FOOT (6') BALCONIES ON - SECOND FLOOR." MOTION BY COMMISSIONER MILLER. DEPUTY MAYOR BLAKE NOTED, "INCLUDING THE LIGHTS, THE ISSUE OF LIGHTS AS WAS PRESENTED BY STAFF." COMMISSIONER MILLER ADDED, "THE LIGHTING ISSUE TOO." MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION "I WILL MAKE A MOTION TO AMEND -THE MOTION TO INCLUDE THE DISCUSSION REGARDING THE SEAT WALL WHERE WE WANTED IT, TO HAVE SOME TYPE OF FINISH ON IT..." MANAGER McLEMORE NOTED, "...STONE VENEER, OR..." COMMISSIONER KREBS CONTINUED, "...OKAY." FURTHERMORE, COMMISSIONER KREBS NOTED, "I WOULD LIKE TO SEE -MORE OF THE RAIL -ALUMINUM SECTIONS ON THE WALL, RATHER THAN THE BRICK, WITH HEAVY LANDSCAPING." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMM4SSION REGULAR MEETING -AUGUST 28, 2006 PAGE 18 OF 29 Deputy Mayor Blake spoke of balconies and stated, "The Motion passed, ultimately that was passed, approved everything except those balconies which means, as we stand right now, the entire project has to come before us again." Continuing, Deputy Mayor Blake remarked, "I would like to give Staff some direction to be able to go forward on this so it doesn't have to come back before us and allow them to get rolling on the project." Attorney Garganese stated, "The Commission could direct that we finalize a Development Agreement and have a variation to the Codes." Mayor Bush called a Recess at 9: Sl p:m. Mayor Bush called the Meeting back to Order at 10: 08 p. m. PUBLIC HEARINGS .... 205.2 Community Development Department -Planning Division Requests The City Commission Consider And Approve The Final Engineering/Site Plan For JDC Building Number 17, A 26 Unit Condominium Building Located On , Blumberg Boulevard In The Town Center. Mr. Stevenson presented his opening remarks and noted, "The Findings are -the site is approved by the St. Johns River Water Management District for eighty percent (80%) impervious area under the Town Center's Master permit. You will note, if you look at the impervious area noted on the plans that it says 80.2. I have confirmed with the Engineer that that is incorrect. The actual impervious surface is 79.8, so it does meet the eighty percent (80%) impervious area requirement." Attorney Garganese returned to the Meeting at 10:09 p.m. Continuing, Mr. Stevenson commented that "All site lighting and signage must be consistent with the Town Center Code Standards. We have reviewed the photometrics as we mentioned earlier. The only issue that we have is that the light pole that's being proposed, be changed from a flat black matte pole to one that matches the existing poles out there." Mr. Stevenson added, "The Wall between Building 17 site and the Kingsbury site should be considered temporary, to be removed at such time as the Kingsbury site develops." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 28, 2006 PAGE 19 OF 29 Mayor Bush opened the "Public Input "portion ojthe Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH ADDED, "WITH THE ITEMS THAT RANDY (STEVENSON) LISTED." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED AGAIN, AS NOTED. • • PUBLIC HEARINGS PUBLIC HEARINGS 205.1 Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of JDC Building Number 17, A 26 Unit Condominium Building Located On Blumberg Boulevard In The Town Center. Manager McLemore said, "The balconies would be amended to be six feet (6~; as far as the wall is concerned, as long as it is noted in the Agreement that this is temporary, that we could live with that for a while, was the compromise we struck on this and so that is what I am suggesting." Manager McLemore added, "They agreed to a stone finish on the - seat wall." ~~MOTION TO RECONSIDER" 205.1. MOTION BY COMMISSIONER KREBS. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 28, 2006 PAGE 20 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE GO WITH THE ORIGINAL PROPOSAL FOR THE THREE (3) OR FOUR (4) SECTIONS OF CONCRETE BRICK WALL, WHATEVER IT WAS THAT WAS PROPOSED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "AS PRESENTED..." COMMISSIONER MILLER CONTINUED, "...AS PRESENTED BY THE DEVELOPER FOR THAT AREA AROUND THE JACUZZI AND THE BARBEQUE AREA. THE REST OF THE WALL WOULD BE ALUMINUM AS ALSO PRESENTED BY THEM -AND TEMPORARY - NOTED IN THE DEVELOPMENT AGREEMENT AS TEMPORARY." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MR. STEVENSON INQUIRED ABOUT THE BALCONY EXTENSIONS AND ASKED, "IS THAT TO BE WORKED OUT AT STAFF LEVEL OR..." MANAGER McLEMORE STATED, "...NO. IT'S SIX FOOT (6') BALCONIES." MR. STEVENSON THEN ASKED, "DO THEY HAVE TO BRING IT BACK TO THE COMMISSION?" MANAGER McLEMORE COMMENTED, "WE DON'T HAVE TO BRING IT BACK TO THE COMMISSION." Deputy Mayor Blake returned to the Commission Chambers at approximately 10:19 p. m. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. ATTACHMENT B THIS INSTRUMENT WAS PREPARED BY AND RETURN 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 MARYRNNE NORSE, CLERK OF CIRCUIT COURT SENINOLE COUNTY BK 05981 PGS 1497-1504 CLERK'S # x'005191578 RECORDED 11/0/2003 11t~0135 AN RECORDING FEES 69. SO RECORDED BY D Thous FOR RECORDING DEPARTMENT USE ONLY BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this 25th day of October, 2005, 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 CAPITAL GREEN, LLC., a Georgia Limited Liability Company ("Developer"), whose address is 216 Seven Farms Drive, Suite 200, Charleston, S 29492. WITNESSETH: WHEREAS, Developer is the fee simple owner of certain real property generally located within the City of Winter Springs Town Center west of Tuscawilla Road, north of State Road 434, and south of Blumberg Boulevard and currently subject to a binding development agreement between JDC Calhoun, Inc. and the City, dated August 1, 2000, and on file at Winter Springs City Hall (the "Phase I Property"); and WHEREAS, Developer is currently completing Phase I of a development project on the Phase I Property; and WHEREAS, as part of Phase I, Developer desires to purchase an additional .43 acres of real property from Mr. & Mrs. Kingsbury which lies adjacent to the Phase I Property along Blumberg Boulevard as legally described in Exhibit "A" which is hereby fully incorporated herein by this reference (the "Kingsbury Property"); and WHEREAS, Developer desires to incorporate the Kingsbury Property into the phase I project site for purposes of constructing atwenty-six (26) unit residential condominium project; and WHEREAS, if Developer acquires the Kingsbury Property, Developer will aggregate that property with other adjacent property owned by Developer for purposes of creating a buildable lot under the City Code; and WHEREAS, Developer desires certain limited assurances from the City before they finalize the closing on the Kingsbury Property as more specifically set forth under this Ageement; and WHEREAS, the City and Developer desire to set forth the following special terms and conditions with respect to the development of the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agee as follows: 1. Reci 1 . The foregoing recitals are true and correct and are hereby incorporated herein by this reference. ' 2. Autbori This Ageement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Obligations and Commitments. The City and Developer hereby ages as follows: (a) Kingsbury Property Developer shall use its best efforts to purchase the Kingsbury Property. If Developer acquires the Kingsbury Property, the Kingsbury Property shall be aggegated and combined with a portion of adjacent property currently owned by the ~'-'" Developer along Blumberg Boulevard (the "Building 17 Site"). The purposes of purchasing the Kingsbury Property shall be to create a buildable lot as generally depicted on the Concept Plan. Developer agees to create the Building 17 Site in accordance with the requirements of the City Code and within sixty (60) days of closing on the Kingsbury Property. (b) Auuroval of Concept Plan. The City agees that the Developer shall have the right to design, permit and constcud a four story, twenty-six (26) unit, residential condominium project on the Building 17 Site in accordance with the concept plan attached hereto and fully incorporated herein as Eiltibit "B" (the "Concept Plan"); provided, however, Developer shall have the obligation to further submit and obtain the City's approval of a final site plan and final engineering plans. Developer shall also have the obligation to construct aesthetic enhancements to the project as may be reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic review ordinance. Developer acknowledges and agees that the Concept Plan was not prepared with specific final surveyed dimensions and that during the final sits plan and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City. As such, Developer and the City ages 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. The condominium project shall consist of four (4) three bedroom units and twenty-two (22) two bedroom units unless otherwise mutually ageed to by the parties. (c) Parking. The City hereby acknowledges and agees that a minimum of forty-one (41) parking spaces, including handicapped spaces, shall be acceptable for the twenty-six unit residential condominium project proposed in subparagraph (b) above. Developer's Agreement City of Winter Springs and Capital Green I, LLC -2- 4. lEteuresentations 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 Ageement and has taken all necessary action to authorize the execution, delivery and performance of this Ageement. This Ageement will, when duly executed and delivered by the City and Developer ,constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Ageement. 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 Ageement similarly shall be binding upon the Property and shall run with title to the same. 6. Auulicable Law. This Ageement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Amendments. This Ageement shall not be modified or amended except by written ageement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement. This Ageement supersedes any other ageement, oral or written, and contains the entire ageement between the City and Developer as to the subject matter hereof. 9. Severability. If any provision of this Ageement shall beheld to be invalid or . unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in anq respect the validity or enforceability of the remainder of this Ageement. 10. Effective Date: Termination. This Ageement shall become effective upon approval by the City Commission and execution of this Ageement by both parties hereto. However, the development rights set forth herein shall only become effective at such time that the Developer closes on the Kingsbury Property. ff Developer fails to purchase the Kingsbury Property within six (6) months of the City Commission approving this Ageement, this Ageement shall automatically terminate and the parties shall no longer have any rights hereunder. 11. Recordation. This Ageement shall be recorded in the Public Records of Seminole County, Florida. For purposes of recording this Ageement, a legal description of the Building 17 Site shall be provided by the Developer when said site is created pursuant to City Code and attached to this Ageement in order to adequately represent the real property that is subject to this Ageement. 12. Relationship of the Parties. The relationship of the parties to this Ageement 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. Developer's Agreement City of Winter Springs and Capital Green I, LLC -3- 13. Sovereign Immunity. Nothing contained in this Agreement shall be consttued as a waiver of the City's right to sovereign immutity 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. In]grpretation. The patties 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. 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 agee that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be 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. Develonmen,~ 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. V~thout 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 Ageement. [SIGNATURES FOLLOW ON NEXT PAGE] Developer's Agreement City of Winter Springs and Capital Green I, LLC -4- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS ATTEST: ~, , • :-~ r ~ ,. , ; ~~ . ,•~ . y . ., _a ,, ,i .,o, :; - ~~,; _ .:, By: ~ - J F. Bush, Mayor City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Wirrter Springs, Florida, only. ``- Dated: ~1 /~, ~~ S By: Anthony ese, City Attorney for the City of Winter Springs, Florida Developer's Agreement City of Winter Springs a~ Capital Cmaen I, LLC -5- Signed, sealed and delivered in the presence of the following witnesses: ~~ Sis~e of Witnesq Kit f !tilt ~ v- G~ ~ar'~lr+~ Y' Printed Name of Witness Si lure o W itn ,~I' l an Printed Name of Witness STATE OF.~iOG~Tf~ G~/ZOL.~7Yi~ COUNTY OF P5E7L ~1~_ Capital Green I, LLC. a Georgia Limited Liability Company .r By: E perties, nc. o .Disher, Vice President The foregoing instrument was acknowledged before me this ~~ day of b cob ~~ , 2005, by John H. Disher, Vice President of ESD Properties, Inc., managing member of Capital Green I, LLC, A Georgia Limited Liability Company on behalf of said developer. He is personally known to me or produced as identification. (NOTARY SEAL) (N Public 3igoatuoe ~"vd t~-I ~ /~ - /~ N~ ~~s a ~/ (Print Name) ~O v~ Notary Public, State of ~i 4 ~« uA Commission No.: My Commission Expires: 4201 I _, "--~ ~- ~. ".~, __. -. ;_, - ;. Developer's Agreement City of Winter Springs and Capital Green I, LLC -6- EXHIBIT ~_ LEGAL DESCRIPTION ~v rHE ~sr sw~ of .. ... COYYTA/N/NG O Ili ACAES. rre,7l5 sa~MrE fEEr~. ARE aR cESS. ATTACHMENT C Agenda Item 500 May 27, 2008 Special City Commission Meeting Public Hearing for Aesthetic Review Modification Wall between Building 17 and Kingsbury Property Winter Springs Town Center '' ~.. TI1 Randall •Paulsoa A~chi(ects. Incorporated 85~A dill Street Roswell, Georgia 30915 p. 1]0.6501558 . 110.6501559 Winter S rin s Town CenterJAMES DORAN COMPANY ~ J, fioridaflegis(rationNum6erAA-0993296 p ~ ~•~••~•~~~ ~••_ ADJA.CENi PROPERTY &RtCK COLUMN BRICK WALL f -.,~,~.~ ~~~~ li j BORAC Bfi'tCK- MEDRIM BRC7~ iO ?AA':•::N BLC 6O4AC BRICK BROJ!!HA'/rN TO MA:rLi fi; G CUMBIN vID 8CN?Al BRECK- Iv>ED~A BRO'r' TO sAATC4 BLS ~.,'- ,~r ~, .~ d SIEEC FE'vCE PAINTED SW-7069 - LRON ORE GRAY =aRpv~ApE AND A!AE'a!T!ES BV OTHERS 1'I.:~?` STF.F!. FENCE PAIN?FD Sti'y- 7064 - NZON ORf GRAY ~. ;,. Ti COk' . . r. (~iJ.{ T ELEVATION ~j1 flandall •Paulsen Architects, Incorporated 95-A Bill Sireei flasrreN. 6eargia 38015 p.1 i 0.65g155B I i 10 650.139 ~Ni n t e r S ~~ r i n ~;s Tc>w n Cc~~ n t e r ~ ~ Florida Registration Number AA•0003196 ~1 _a ~~ ; \~ `~ ,` \, -~ - ~, - \', , .mtll(j/r~~ . /° e" s ~,~ ` ~ ~ ~ • l ~: 1 ~ its i i a~~ --gill }: YO . - . .____.. ~ 3. SITE sr~E~ =ENCe fl, SYJ-7069 - gtpt BCK2al BEM:+~- htECrUh1 B?;7N id MATCH BtDc BOkAI. &`tECK B?:JO!cHa'vcN t0 MhSCN B.D( CUh1Bit•JG nNE I BOrtAI BRICK Fr~p1UM Bfl<JYJ~ _ ', IC MATCH B;.D6 16 EI.EVAi'lUN NY i/ ~ F!I:: ~a ,~ t ~ ~ ~ ~ a P1.:1N ATTACHMENT D Agenda Item 5 00 May 27, 2008 Special City Commission Meeting Public Hearing for Aesthetic Review Modification Wall between Building 17 and Kingsbury Property Winter Springs Town Center V .~ f.1 °~'w-. _ t 1 is ., r `~, R ~~ r aa ~ T ~~ c,, ." _ L :~ ~ i ~~~ ~~ ~ .^ .p+ ~ g. ~ ~ - aL - S ~ : .y ~:,. ~ ~.^ c ~ V /~ •y'raL. s ham. ~` v~.. ~ a ~y~ ~ ~; ~„ L L =:, ..._ ._ ~'` ATTACHMENT E March 13, 2008 STATEMENT OF ACKNOWLEDGEMENT & AGREEMENT This letter serves as an acknowledgement and agreement to the placement and installation of retaining walls and fencing to be located along the Western and Southern most edges adjacent to our property line. In keeping with the city installed white fencing adjacent to our property lines along both Blumberg Ave. and Tuskawilla Rd., we prefer that the continuation of a duplicate or similar white vinyl picket fence be used for the remaining fencing adjacent to our property lines. Respe tfully, ~~ ~ ~~ ~~~ ~ Mr. and Mrs. Laverne Kingsbury 150 Tuskawilla Rd. Winter Springs, FI.32708