HomeMy WebLinkAbout2005 02 28 Regular 500 Final Engineering/Site Plan for the Tuscawilla Town Square
COMMISSION AGENDA
ITEM 500
Consent
Information
Public Hearin
Re ular
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February 15.2005
Meeting
MGR. /t- /Dept.
REQUEST: The Community Development Department- Planning Division requests the City
Commission approve the Final Engineering/Site Plan for the 1.4112 acre Tuscawilla Town Square
(which includes Tuscany Restaurant) located at 1301 Winter Springs Blvd. at Northern Way and Gary
Hillery Drive.
PURPOSE: The purpose of this Agenda Item is to request approval of the final engineering/site plan
for the Tuscawilla Town Square commercial project, which retains Tuscany's Restaurant and includes
three additional buildings for retail space. The site is has a Commercial Future Land Use designation, is
within the Tuscawilla Planned Unit Development zoning district, and is subject to an existing
development agreement (please see attached).
APPLICABLE LAW:
Chapter 5, City Code.
Chapter 9, City Code.
Chapter 16, City Code.
Chapter 20, City Code.
Development Agreement.
CHRONOLOGY:
Nov. 22, 2004- Concept Plan Approved by the City Commission
Dec. 13,2004- Development Agreement approved by the City Commission
Feb. 15,2005- At a special meeting, the P&Z heard the request and recommended approval
CONSIDERATIONS:
1. The proposed development is located within the Tuscawilla PUD in the City of Winter Springs.
2. The current site is partly developed with Tuscany's Restaurant. The remainder of the site is wooded
and vacant. There are no wetland, floodplain, specimen tree, or listed species issues associated with
this site.
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February 28, 2005
City Commission Regular Item 500
3. The developer is expanding the developed portion of the site to include two (2) additional buildings
(one 6,735 SF building at the northern end of the site and a 3,956 SF building at the east end of the
site) with retail and office space.
4. The site plan also includes plans for re-constructing Gary Hillery Drive, providing for off-site
drainage for both the site and the roadway, and providing 22 parallel spaces in the right-of-way (17
adjacent to the site).
5. The buildings will all be single-story and will face Winter Springs Boulevard. The site will reflect
Key West style architecture with site amenities, which include a courtyard fountain feature aligned
with the brick entrance drive and flanked by planters. Also included will be gardens, benches and
bike parking.
6. Although the proposed commercial uses are permitted within the Tuscawilla PUD Settlement
Agreement, the property owner/developer has further restricted the neighborhood friendly
commercial uses allowed on the property to those listed in "Exhibit C" of the Development
Agreement.
7. The Development Agreement was adopted prior to the final engineering / site plan approval to
expedite the necessary funding to make the project happen. Highlights of the Development
Agreement include:
· The Developer is voluntarily and forever forgoing certain rights and previously granted uses
under the Tuscawilla PUD Settlement Agreement;
· Commitment by the Developer to respect, safeguard and preserve the residential character of the
Tuscawilla PUD;
· Inclusion of significant aesthetic enhancements;
· Redesign and reconstruction of Gary Hillery Dr. (in accordance with the Concept Plan) to be
reimbursed by the City to the Developer;
· Supplementing on-site parking with street parking along Gary Hillery Dr.
· Winter Springs ingress and egress defined;
· Building Setbacks clarified; and
· Three identified Specimen Trees to be removed.
8. The applicant is proposing to save 79 ofthe 169 existing trees on the site. Seventeen (17) specimen
trees are to be preserved.
9. The Applicant has worked diligently with Staff to resolve any final engineering/site development
plan issues.
FINDINGS:
1. The proposed final engineering/site plan is consistent with the City's Comprehensive Plan.
2. The final engineering/site plan is consistent with the City's Code of Ordinance, except as
specified in the Development Agreement
3. The disposition of the 6,735 SF building to the adjacent Gary Hillery Drive must be
adequately addressed during the aesthetic review.
4. The applicant states that the restaurant building will not be expanded, although a deck may be
constructed around the existing building- as depicted on the site plan.
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February 28, 2005
City Commission Regular Item 500
PLANNING & ZONING BOARD RECOMMENDATION: At a Special Meeting of the
Planning & Zoning Board on February 15, 2005, the Board recommended approval of the final
engineering/site plan subject to the findings above.
RECOMMENDATION: Staff recommends that the City Commission approve the following:
1) The attached Final Engineering/Site Development Plan, subject to the conditions set forth in
the "Findings" section, above; and
2) Authorize funding for construction of Gary Hillery Drive (estimated to be $150, 000) from
the One-Cent Sales Tax. The City's portion of the funding amount for Gary Hillery Drive
will be brought back to the City Commission when final costs are available.
ATTACHMENTS:
A Development Agreement with Exhibits
B Commission Minutes of Dec. 13,2004 approving the Development Agreement and Concept Plan
C Unapproved Draft Minutes of the Planning & Zoning Board, Feb. 15,2005
D Final Engineering/Site Plan
COMMISSION ACTION:
3
ATTACHMENT A
I
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 S1., Suite 660
Orlando, FL 32801
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (the "Agreement") is made and
executed this day of , 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.
WIT N E SSE T H:
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 Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the parties acknowledge that the Property is currently subject to a Court
Settlement Agreement which is recorded in Official Record Book 2277, Page 0464 in the
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 ofthe 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. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Oblieations 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 construct
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 final site plan and final engineering
plans. Developer shall also have the obligation to construct aesthetic enhancements to
the Project as depicted in the Concept Plan 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.
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have to be adiusted to the Citv's satisfaction in order to satisfv the reollirements llnner the
'"' wi .; ---- .----lH----~-~-.--- --______ ____
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) Garv HiIlarv 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, hardscape, 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 clearly 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.
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purpose of this paragraph to fully replace Exhibit "B" of the Settlement Agreement with
Exhibit "C" of this Agreement.
(f) Winter Sprines Boulevard Ineress and Eeress. 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) Buildine 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 (~?~hern VLay) - 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.
G)
length.
On-Site Parkine. On-site parking shall be a minimum of 18 feet in
(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 Assiens. 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 III
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 Aereement. 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. Sovereien Immunity. Nothing contained in this Agreement shall be construed as
a waiver ofthe 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.
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16. Third-Partv Riehts. This Agreement is not a third-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 may be obtained by a suit in equity.
18. Attornev'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 Qr
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 acknowledge 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 have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
'7~
. Bush, Mayor
/-
."'....-
enzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
CITY SEAL
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 ofthe following witnesses:
BRYCE FOSTER CORPORATION, a Florida
Corporation ____~
Signature of Witness
AINDr!
Printed Name of Witness
By:
A ec String
Its President
'1Yf'9 010/..)1 k..,
Signature of Witness
fVl'1!~" .fJI1I/ J U ;..
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF ~
The foregoing instrument was acknowledged before me this ~ day of
~~~ ,2004, by Alec String, as President of BRYCE FOSTER CORPORATION, a
Florida Corporation, on behalf of said corporation. He is ~rsonally know9)to me or produced
as identification.
~
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(NOTARY SEAL)
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Notary Public, State of
Commission No.:
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Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
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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/W); 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 41 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"
Location:
L3ndSize:
Current Use:
Proposed Use:
Arel1iteet:
uare
Concept Plan Summary
Tuscany's Restaurant
Expansion of Tuscany~s Restaurant
and additional retail space
Starmer Ranaldi
Landscape Arehitect: Dobson's
Owner:
Bryce Foster Corporation
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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, sales 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 and recordings, 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 offices, 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.
February 28, 2005
City Commission Regular Item 500
ATTACHMENT B
CITY OF WINTER SPRINGS
MllilJTES
CITY COMl\IISSIOl\
REGULARMEETING-DECEMBER 13. 2004
PAGE 17 OF 30
REGt'LAR
502.1 Office Of The City Manager
Providing An Update Of The 2002-2011 One Cent Sales Tax Program Including
Funding For Gary Hillery Drive.
Manager McLemore presented opening remarks on this Agenda Item.
.Mr. Alec String, 215 Rolling Wood Trail, Altall/onte Springs, Florida. addressed the City
C0l111nission and spoke on the proposed time line for this project.
Discussion.
Commissioner Blake said. "So lUltil we sit down and have this Workshop and reevaluate
our flUldillg sources that are available in what we are going to commit those to, I don't
think we should be spending another dime from this pot. "
With discussion. the City Commission agreed to meet for a Workshop, and as Mayor
Bush sUlnmarized, [Monday], "6:30 [p.m.] FebrualY the 7th" [2005].
4
February 28,2005
City Commission Regular Item 500
ATTACHMENT B
CITY OF \\iThlER SPRINGS
MINutES
CITY COM1USSION
REGULARz...1EETING DECEMBER 13. 2004
PAGE 18 OF 30
REGULAR
502.2 Community Development Department - Phmning Division
Requests The City Commission Consider A Development Agreement For Tuscav.1l1a
T own Square (Which Includes The Current Tuscany Restaurant) Located At
~Y~~~~E~P!il!g~~~~!"~~::lr(!'l"'~E~~!E~~Y:lY~~~!9:l~:y!!~"I!~YPE~Y~~ .................................................................................... ..... . .....
NIr. Baker opened the discussion on this Agenda Item.
Discussion.
Tape 3/Side A
Commissioner Krebs suggested "If maybe we could put some fencing and possible
landscaping or something up during this project so that it is visually appealing on that
part of Winter Springs Boulevard." Commissioner Krebs suggested this would help the
view of "The 7-11 parking lot and gas station - I think you are going to end up seeing it a
lot more with - the improvements that you're going to make to that retention pond, and I
am sure there is something that we can do to lessen that offensive look."
Fmihennore, CommiSSIoner Krebs said, "\Vhatever we can do in that area, whether it be
through some fencing and some landscaping - whatever to minimize that. That is what I
would like to see." Mr. String stated, "Absolutely. And you will see that on our
Landscaping Plans and the Final Engineering."
Commissioner Gilmore commented, "I am wondering why we have to have meandering
sidewalks - the only place in Tuscawil1a that you have meandering sidewalks. And I
think we should do evelytlling we can to encourage people to \v31k on the sidewalk and
even jog on the sidewalk, rather than in the street."
Afr. Gmy Hillel)', 1220 fVinler Springs Boulevard, fVinter Springs, Florida: addressed
the City Commission on this issue.
With discussion on the dmnpster and its proximity to his propeliy, :NIr. HillelY stated, "I
would like to see it down here. and I believe we have agreed that that would be taken into
consideration." Deputy Mayor Miller said, "Sounds like a good idea."
Mr. String mentioned, "I think we've agreed that that new location would probably be
better. The second consideration we're making is we're actually having the dumpster
pulled and dumped three (3) times a week, with the new project where it's now CtUTently
being dumped once a \veek. So, I think that alone will make a tremendous diflerence,
and it will be on a concrete slab, up to all the cunent Winter Springs' requirements for a
dumpster, as well as we are going to have maintenance crews there on site daily to make
sure the lids are closed: so I think the dmnpster being moved and more properly
maintained will resolve that problem."
5
February 28, 2005
City Commission Regular Item 500
ATTACHMENTB
CITY OF WINTIR SPRINGS
MINUTES
CITY COMMISSION'
REGULAR MEETING - DECEMBER 13. 2004
PAGE 19 OF 30
"I NL<\.KE A NIOTION THA T "W'E APPROVE - THE DEVELOPIVIENT
AGRE El\'IE NT, WITH THE C01\Il\tlENTS l\fADE REGARDING THE
DUMPSTER." lVIOTION BY DEPUTY :\'IAYOR :\ULLER. SECONDED BY
COl\tlNIISSIO~'ER GILNI0RE. DISCUSSION.
CONINIISSIONER BLAKE RE:MARKED, "I HAVE S01\1E TEXT ISSUES IN
THE DEVELOPER'S AGREE1\fENT, SPECIFICALLY UNDER SECTION 3. 'c' -
THIS AGAIN GOES BACK TO THE COST SHARING ARRANGE:\'IENT FOR
THE RECONSTRUCTION OF GARY HILLERY DRIVE, A1~D I UNDERSTAND
AND HAVE READ \VHAT \VAS PLACED - THE NE\V PARAGRAPH - ON
PAGE 4, UNDER THE SA1\1E SECTION, BUT IN THE v'ERY FIRST
PARAGRAPH, NIY CONCERN IS THE USE OF \VORD 'SHALL' IN SEVERAL
PLACES THAT DISCUSSES 'THE CITY SHALL REIl\tIBURSE DEVELOPER IN
THE ANIOUNT OF THE ROADWAY EXPENSES WITHIN NINETY (90) DAYS
AFTER THE RECONSTRUCTION OF GARY HILLERY DRIVE HAS BEEN
CO:\'IPLETED'. I DON'T SEE A1~YPLACE 'WERE THAT IS BACKED OUT."
ATTORNEY GARGA1~SE SUGGESTED, "HOW ABOUT WE ADD SONIE
LANGUAGE - ACTUALLY SUBJECT TO THE LAST PARAGRAPH, IN
SUBPARAGRAPH '(c)' SUBJECT TO THE CITY APPROVING THE FUNDING,
THE DEVELOPER AGREES TO DESIGN A~1) RECONSTRUCT GARY
HILLERY DRIVE IN ACCORDANCE \VITH THE STREETSCAPEPLAN, AND
THEN THE CITY \VILL REINIBURSE." l\IANAGER l\tIcLEl\tl0RE ADDED,
"THAT IS ONLY IN THE CASE - WE DO THE ADVANCE FUNDING."
ATTORNEY GARGANESE THEN SAID, "I CAN JUST RE\VORK THAT
SUBPARAGRAPH '(c)' A LITTLE BIT, TO 1\1AKE SURE IT IS CLEAR THAT
IT IS SUBJECT TO THE CITY APPROVING THE FUNDING." :\.IR.
LOCKCUFF NOTED, "IF THEY GO AHEAD WITH CONSTRUCTION, 'VE
NEED TO 1\fAKE SURE THAT THE STORi\:lWATER POND IS DESIGNED
AND CONSTRUCTED TO ACC01\fNIODATE GARY HILLERY DRIVE."
CONIMISSIONER BLAKE ADDED, "WE JUST NEED TO 1\IAKE SURE THAT
PARAGRAPH '(c)' SAYS EXACTLY \VHAT \VE INTEND IT TO SAY AND
THERE IS NO CONFUSION BETWEEN THE DEVELOPER AND THE CITY AS
TO WHO IS EA"PECTING WHO TO DO WHAT AND WHO IS GOING TO PAY
FOR IT."
6
February 28,2005
City Commission Regular Item 500
ATTACHMENT B
CITY OF WThlER SPRINGS
Mlli'D'TES
CITI' COl\IMLSSIOl'
REGULAR MEETL.'\"G DECE.tviBER 13, 2004
PAGE 20 OF 30
WITH FURTHER DISCUSSION, IVIR. STRING SAID, "IF YOU AGREE TO
REIlUBURSE :ME FOR DEVELOPING THE STREET, \VE'LL BUILD IT. IF
NOT, THAT'S FINE TOO. I THINK THAT'S - \VHERE \VE LANDED \VITH
THIS LAST PARAGRA.PH THAT ANTHO~ry [GARGANESE] CREATED, SO
THAT'S THE INTENT OF US l\IOVING FOR\VARD."
COl\I:MISSIONER BLAKE THEN STATED, "I JUST \VANT TO l\lAKE SURE
THAT IS CLEAR, ~"JD ALSO, I THINK WE \VANT TO :MAKE SURE THE
STREET GETS DONE AT THE IDGH QUALITY THAT \VE ARE TALKING
ABOUT, ALSO - IT IS A QUESTION OF FUNDING, \VHO IS PAYING FOR
IT..." l\lR. STRING SAID, "...ABSOLUTELY - AND, I DON'T THINK ANY OF
US l\USUNDERSTANDS IT."
"I \VOULD LIKE TO l\IAKE AN AlVIENDl\lENT TO THE l\IOTION TO
INCLUDE THE A TTOR.~EY'S ADDITIONAL LANGUAGE." Al\IENDl\IENT
TO THE l\IOTION BY COlVL'HSSIONER BLAKE. SECONDED BY
COMl\IISSIONER l\'lcGINNIS. DISCUSSION.
VOTE: (ON THE A:MENDl\'IENT)
COl\Il\USSIONER l\lcGINNIS: AYE
COlVIlVIISSIONER KREBS: AYE
COl\llVIISSIONER GILMORE: AYE
DEPUTY l\lA YOR l\IILLER: A '\"E
COl\Il\HSSIONER BLAKE: AYE
l\IOTION CARRIED.
VOTE: (ON THE l\lAIN lVIOTION, AS ~"IENDED)
COlVIl\HSSIONER KREBS: AYE
COlVll\HSSIONER BLAKE: AYE
DEPUTY IVIAYOR l\ULLER: AYE
COl\iIlVIISSIONER l\lcGINNIS: AYE
COMl\HSSIONER GILMORE: AYE
l\'IOTION CARRIED.
7
February 28, 2005
City Commission Regular Item 500
ATTACHMENT C
Unapproved Draft Minutes of the Planning & Zoning Board, Feb. 15,2005
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
SPECIAL MEETING
FEBRUARY 15,2005
REGULAR AGENDA
REGULAR
500. Community Development Department - Planning Division
Requests That The Planning And Zoning (P&Z) Board Consider And Approve A Final
Engineering/Site Plan For A Tuscawilla Town Square (Which Includes The Existing Tuscany
Restaurant) Located At Winter Springs Boulevard, Northern Way And Gary Hillery Drive.
Ms. Sahlstrom discussed this Agenda Item and stated, "Staff has reviewed this Plan extensively." Ms.
Sahlstrom added, "Staff does recommend approval of the Final Engineering and Site Development Plan
subject to the 'Conditions' under the 'Findings'."
With discussion on the development of the property, Ms. Sahlstrom said, "He [Applicant] is saving some
of the trees on site as well as putting in quite a few additional trees."
Discussion.
Mr. Alec String, 215 Rollingwood Trail, Altamonte Springs, Florida: as the owner of the property, Mr.
String addressed the Board.
"I'D LIKE TO MAKE A MOTION THAT THE PLANNING AND ZONING BOARD
RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE ATTACHED FINAL
ENGINEERING SITE DEVELOPMENT SUBJECT TO THE CONDITIONS SET FORTH IN
THE 'FINDINGS' AND IN OTHER 'FINDINGS' THAT WOULD WORK OUT IN THE
DEVELOPMENT AGREEMENT THAT IS STILL UNDER NEGOTIATION." MOTION BY
BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION.
VOTE:
BOARD MEMBER TILLIS: AYE
BOARDMEMBERBROWN: AYE
BOARD MEMBER VOSKA: AYE
CHAIRMANPOE: AYE
VICE CHAIRPERSON KARR: AYE
MOTION CARRIED.
8
February 28, 2005
City Commission Regular Item 500
ATTACHMENTD
Final Engineering/Site Plan
9
CONSTRUCTION PLANS
TUSCAWILLA SQUARE & GARY HILLERY IMPROVEMENTS
SHEET 1
NOTES & SPECIFICATIONS SHEET 2
SITE PLAN
SHEET 3
DEMOLITION PLAN
3A
GRADING & DRAINAGE PLAN
SHEET 4
UTILITY PLAN SHEET 5
OFFSITE DRAINAGE CONNECTION
SHEET 5A
PLAN & PROFILE SHEET 6
DETAILS
SHEET 7
DETAILS
SHEET 8
DETAILS
SHEET 9
DETAILS
SHEET 10
LANDSCAPE PLAN
SHEET L1
LANDSCAPE DETAIL PLAN
SHEET L2
IRRIGATION PLAN
SHEET I1
IRRIGATION DETAIL PLAN
SHEET 12
BOUNDARY & TOPOGRAPHIC SURVEY
SITE LIGHTING PLAN
SITE LIGHTING PLAN