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HomeMy WebLinkAbout2005 04 25 Public Hearing 400, Aesthetic review of Tuscawill Town Square COMMISSION AGENDA ITEM 400 Consent Informational Public Hearing X Regular April 25, 2005 Meeting MGR. IDEPT Authorizatio REQUEST: The Community Development Department- Planning Division requests the City Commission hold a Public Hearing for the aesthetic review of Tuscawilla Town Square (which includes Tuscany Restaurant) located at 1301 Winter Springs Blvd. at Northern Way and Gary Hillery Drive. PURPOSE: 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 LAW AND PUBLIC POLICY: Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs Section 9-601. Approval prerequisite for permits. Section 9-605. Submittal requirements. City of Winter Springs Code of Ordinances Section 16-78. Same- On-premises signs. CHRONOLOGY: Jan. 26,2004- City Commission adopted Ordinance 2003-43, establishing minimum community appearance and aesthetic review. Nov. 22,2004- Concept Plan Approved by the City Commission Dec. 13,2004- Development Agreement approved by the City Commission Feb. 28, 2005- City Commission approved the Tuscawilla Square Final Engineering plans. CONSIDERATIONS: The submittal requirements for aesthetic review are set forth in Section 9-605 and include the ~ April 25, 2005 PUBLIC HEARING ITEM 400 Page 2 of14 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 project is located within the Tuscawilla PUD on Winter Springs Blvd at Northern Way and Gary Hillery Dr. The buildings will all be single-story and will face inward to the courtyard with the rear of the buildings facing Winter Springs Boulevard and Gary Hillery Drive. The building setbacks were determined by Developer's Agreement and are: Front Setback along Winter Springs Blvd. 10-feet Rear setback along Gary Hillery Dr. 5-feet Side yard setback 20-feet Because the setbacks were reduced from what Section 6-86 of the Code stipulates, the architecture and the detailing of the buildings become prominent features along the adjacent roads. This prominence is an asset to retail buildings. It can also be an asset to the community if the buildings are well designed and detailed; However, if the buildings are not carefully detailed, screening is more difficult since there is less setback. Tuscawilla Town Square has been consistently presented throughout the review process as an upscale commercial center for the Tuscawilla community. The Concept Plans approved November 22,2004 and the Development Agreement approved on December 13, 2005 included graphics and text indicating an enhanced landscape package (including a courtyard fountain feature aligned with the brick entrance drive flanked by planters and gardens, benches and bike parking) and a community of buildings with a Key West style architecture. The new buildings will be coordinated in a harmonious manner with similar styling and architecture. The Key West architectural style as approved included features such as standing seam metal roofs, roof cupolas, covered porches with railings wrapping around the building, and bahama shutters. The concept plan elevation also included doors and windows with mullions (slender dividing strips that divide a window into panels as opposed to undivided plate glass), window transom over doors, and the building foundation faced with stone. Although the residences and commercial buildings surrounding the project, do not portray a Key West styling, this theme was approved as a graphic attachment to the Development Agreement. Although the theme of the new development will be carried into the new construction, the Applicant has not addressed how the existing Tuscany's Restaurant will be converted to fit this theme. Tuscany's Restaurant currently has a green asphalt roof, with stucco and wood siding. It is very much in contrast to the proposed April 25, 2005 PUBLIC HEARING ITEM 400 Page 3 of 14 development and it is a concern as to how this existina buildina will be phased into the thematic Key West architectural style. (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. No additional development has been proposed within the surrounding area. (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. Although the Key West styling is dissimilar to the surrounding residential and commercial buildings, the use of stucco is not. Stucco is heavily used as a material in the surrounding buildings which are painted in warm neutral colors with highlights of stone facing. The predominant roofing material is tan asphalt shingles. Tuscany's restaurant is the only building with a green roof. The contrast of the tan asphalt roofs with the Key west style standing seam roofs will not be so great as to be a detriment to the community. The introduction of a new material will enliven the corner and enhance the neighborhood. The proposed buildings are one-story with cupolas. This scale fits well into the neighborhood. In addition, the final engineering plans include saving many of the trees on the site. This helps tie the development to the existing community which is known for its tree canopy. (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 new construction and enhanced detailing is expected to be an asset to the community. (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. Towne Center guidelines, SR 434 design specifications) and other applicable federal state or local laws. The project as originally submitted is extremely attractive. The more recent elevations are a substantial deviation from the original submittal. (See (6) below.) The Development Agreement states, "Developer shall have the obligation to construct aesthetic April 25, 2005 PUBLIC HEARING ITEM 400 Page 4 of 14 enhancements to the Project as depicted on 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... Further, the elevations and roof lines depicted in the Concept Plan for the commercial building will have to be adjusted to the city's satisfaction in order to satisfy the requirements under the City's aesthetic review ordinance." (see "3(a) Approval of Site Plan" on page 2 & 3 of Developer's Agreement). (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. A four (4) foot decorative brick wall will be built along the parking area abutting Northern Way as stipulated in the Development Agreement. The screen wall has a 2-foot cultured stone veneer base and is very attractive. A masonry block decorative wall will enclose the garbage dumpsters. During Final Engineering approval, the Applicant agreed to buffer the kitchen operations at Tuscany's restaurant. No elevations were included of this wall. The buildina elevations submitted for the Aesthetic Review do NOT include the same detailina as presented on the Concept Plan Elevations. · Windows, doors and transoms are plate glass with no mullions (dividers). · Porches are limited to the entrances and do not wrap around the building. · Side shutters are added but are not sized adequately for the size of the windows. (No side shutters are included on the Concept Plan elevation). · Bahama shutters are included on both elevations, but there are fewer included on the recent elevations. · Stone flanks the base of the columns but the foundation no longer is faced in stone and is painted stucco or concrete. The proposed color theme of the buildings are grey and white as noted on the drawings. Although the drawings are rendered in a color more similar to the Concept Plan and to the surrounding buildings, many Key West buildings are grey and white. The addition of the other aforementioned detailing provides enough warmth and character to the building should the applicant wish to proceed with the grey and white color theme. No elevation of the fountain or the mail kiosk is included nor the decorative concrete screening walls for the condenser units along Gary Hillery Dr. These items also need Commission Aesthetic Review approval. No upgrades to the existing Tuscany's Restaurant Building are proposed, except for the addition of some decking. The applicant needs to address how this existina buildina will be phased into the thematic stylina of the rest of the development. The Development Agreement does not address signage. Therefore, the Applicant must abide by Section 16-78, unless the Development Agreement is amended. Section 16-78 allows for the following: · An on-premise building sign with a total copy area of one (1) square foot for each lineal foot of store frontage. For Building One this equates to 166 square feet; for Building Two this equates to 102 square feet. The applicant is proposing eiaht projecting tenant signs (Building One) with 15 square feet of copy area (each), totaling 120 SQuare feet rather than the allowed 102 square feet. The applicant is proposing twelve projecting tenant signs (Building Two) with 15 square feet of copy April 25, 2005 PUBLIC HEARING ITEM 400 Page 5 of 11 area (each), totaling 180 SQuare feet rather than the allowed 166 square feet. · An on premise (monument) sign with a total copy area of 32 square feet for each side. The code does not address (in Section 16-78) multiple tenants or multiple signs. The applicant is proposing two entry signs with a copy area of 16 square feet for each single faced sign. In addition, the Tuscany Restaurant sign is proposed to remain. Although the development is surrounded by streets on all sides, the Applicant is seeking to have monument signage only at the Winter Springs Blvd. entrance to the development. FINDINGS: · The proposed building elevations are inconsistent with the Development Agreement because they do not reflect the level of detailing included in the Concept elevation. · The development will be an asset to the community and particularly to the Tuscawilla area with the addition of new commercial buildings, IF the detailing of the buildings is enhanced to be in compliance with the Development Agreement. · The new buildings utilize colors and materials that fit in with the adjacent existing and proposed structures. . The proposed signage does not comply with Code (Section 16-78). Ifthe Commission supports the Applicant's request, the Development Agreement will need to be amended to address the waiver from Code. STAFF RECOMMENDATION: Staff Review found the Applicant's request for aesthetic review, NOT in compliance; However, the Applicant wanted to proceed with the Public Hearing before the Commission. Staff recommends DENIAL of the Applicant's request for Aesthetic Review Approval, based on the submitted materials. ATTACHMENTS: A Minutes from City Commission meeting of February 28,2005. B. Development Agreement with Approved Concept Elevation C. Site Plan & Building Elevations with Signage Monument Sign, Dumpster Enclosure and Screen Wall COMMISSION ACTION: April 25, 2005 PUBLIC HEARING ITEM 400 Page 6 of 11 ATTACHMENT A Minutes from City Commission meeting of February 28, 2005 CITY OF \V:c\TER SPR:c\GS.. FLORIDA IvHNUTES CITY CO'II\HSSION REGCLAR ~/[EETTh-G FEBRUARY 28. 2005 REGrLAR AGE:\"DA REG1'L\R 500. Community Development Department - PI,mning Diyislon Requests Tbe City Commission Approve Tbe Final Engiuf'eringiSite Plan For The 1.4112 Acre Tuscawilla Town Square ("'hidl Includes Tuscany Restaurant) Located At 1301 "'inter Springs Bouleyard At Xorthern ,,- ay And Gary Hillery D rlye. :\:1s. Sahlstrom spoke on this Agenda Item and noted. '-TIllS is to approve two C~) additional buildings - actually it three (3)" \Vith discussion, ]Vis. Sahlstrom noted that re,garding the four foot (4') decoratrve \Van - --That \vall does obscure the parking area - it does not go around the entire lot." lvIf'. Gary Hillel)',. 1220 Winter Springs Boulel'Ol'd., iVi.l1rer Springs, Florida: noted his comments reQardinQ the four foot fA') wall. ,,-.,' ,-," .. - Deputy rvlayor Blake said....On Gary Hillery Dri,'e.. putting in parking all along both edges or one edge?" l\/lanager 1\'1cLemore smeL''! thought it was both sides Next. Deputy :-..:1ayor Blake then smd to 1\11'. Lockcuff ..\\re have two things we have to talk about on that - first off is \vhether or not it is legal to park there. I kno\y the Town Center we have - and some language in the Code \vhereby it actually supersedes our other Code if it is not silent. but over here.. I tlunk 12-65. \vould prohibit parking on the roachvay - on the right-of-way in that area 50 we would have to do somethl1lg about that. Just as a housekeeping Issue g0l1lg forward. Deputy :-..:1ayor Blake then said. '1\Iy concern over and above that hO\vever 1S \yhat contribution the City would be making to pro'vide parking for a pnvate business venture'?" Deputy 1\'1<:\)'01' BLake further asked, "This hundred and tlfry,r thousand dollars ($150.000.00) includes pm'king') Or is it just the 1'Oa(1\\'a1' improvements and parking is bemg pIcked up by the De'i'eloperY April 25, 2005 PUBLIC HEARING ITEM 400 Page 7 of 11 erTY OF WL'ITER SPRI:JGS. FLOPJDA ~,fI:\;lJTE S ern' cmllIISSIO:X REGlJLAR MEETL'\TG - FEBREARY 2S, 2C'C5 PAGE 13 OF n ?.lanager McLemore re5ponded. "1 believe that that IS for the full con5truction of the road Deputy r-.Iayor Blake then asked."lncIudmg the parkmg'Y' r.ilanager tVlcLemore Stud. "lncIudmg the parkmg nght - mcluding a portion of the roachvay surface. Deputy ?.hyor Blake smd'HO'Iv mnch extra is it with the park1l1g on it. as opposed to not placmg the parking on it - do you have a cost differential:" ?vIanager McLemore noted. "I am sure we could get to it." A1r, Alec SiTIng, :} 15 Rolling lVood Trail, Ahamon!e Springs, Florida: addressed the CIty Comlll1Ssion and stated. 'We w11l be QettmQ three en finn bids on the roadway and It will '-.' 1_.: .. " J be broken down mto sections 1l1clucling the parkmg the outt~1ll - and if s probably gomg to be pushin,g 150 to do the \"hole thing MI'. Stnng added. ..It \"ill potentially be more than 150 to do the road, the parkmg. the retention and the outfalL Regard1l1g the v,alL Mr String remarked. "There \"ere two things that the COmmUll1ty askecl for - one was to move the dumpster to the 7-11 '\vluch we did - moved it ,n-vay tl'om the residential house, from the resldenhal area and also buIld a four foot (4') wan to slueld the 11ghts. 'We did that. That is the extent of the walL Don t forget. 'lye are going to be doing an bnck - there IS no asphalt on this property all the dri\"1ng surfaces IS bnck - the roofs are made out of metal. \Ve re domg a lot of other things that are gomg to elevate the look of tlus.. rather than walhng it in So. we can't do evt'ryt1ung but I think the wall was a reasonable fIX to MI'. [Gary] H11lery's concern. ?.'layor Bush saId to Mr. String. "You are saying the wall that you proposed actually slue Ids the 11ghts from MI'. [Garv] Hillerv's home"-- ?.Ir StnnQ stated, Absolutelv and ... .' -' ....., ..< that was done based on a concem thatMr. [Clary] Hillery brought up 1ll front of the CommISSIon Deputy I\.layor Blake said. "1 don't tlunk that was here MI'. String said, "Okay. He certalllly brought It up to me that there was nvo concerns and thats the onlv two concems I've heard fi'om the residents of Tnscawilla One ,vas the dumpster. and fWO was the four foot (4') wall. And they're both on the plan.-- DI',cussion. COllul11ssioner Krebs referenced Attachment "B' - there was a conversation that we had had regardmg planting 01' Improvements along the retention pOllCL again on the 7-11 and if )'ou look In the next paragraph. 'Mr String stated.. Absolutely And you WIll see that on - Landscaping Plans and the final Engineering'. Ms. Sah15t1'Om explamed. '-The City ,vould be preparing those documents" Mr Lockcuff added, "\Ve hoped to bnng it back to the TLBD [Tuscawilla L1ght1llg and Beautification D1stnct] since it IS contiguous to theIr llnp1'O\'ements-- DIscussion. Ms Sahlstrom said."If vou 1ll fact do \vant the wall to extend arouncl. it wIll have a SIgnifIcant impact on the eXisting trees that currently ~vlI'. String is intending to save' April 25, 2005 PUBLIC HEARING ITEM 400 Page 8 of 11 CITY OF WI:-.T1::R SPRr-.JGS.FLORIDA Mr-.JUTES Cln" COJ\f.\llSSIO:\' P..EGUl..\R :\lEETL'\lG - FEBRU.;J,RY 28. 2005 PAGE 14 OF n ComInlSsiol1E'l' IVkGl1lll1S sfud.""I am qUItE' comfortable '.nth the \.vall that IS only ill place \'."here it would impact the residents"" "I ~IOYE THAT THE WALL O~L Y BE AS PRESE~TED TO US TONIGHT, IN THOSE AREAS ""HERE IT "'OVLD ONLY IMPACT THE NEIGHBORS AND NOT BE A~ E~TIREL Y 'VALLED PROJECT." MOTIO~ BY CO:\IMISSIONER McGI~NIS. DEPUTY MAYOR BLAKE SAID, "SO THERE 'VOrLD BE NINETY FEET (90') OF "VALL TOTAL - NI~ETY FEET (90') OF FOCR FEET (4') HIGH 'VALL; IT 'YOrLD BE LOCATED AS IT IS SHO'Y~ ON THE PLA~ ALO~G THE WESTERLY BOCNDARY I~ FRONT OF THOSE NI~E (9) PARKI~G SPACES, ONL Y - NO"THERE ELSE." CO:\I~IISSIONER :M(GIN~IS ADDED, "ONLY AS PRESENTED TO VS ON OUR PLASS." THEN, DEPUTY :\IA YOR BLAKE SAID, "IT WOULD HA YE THAT NINETY FEET (90') OF 'VALL RIGHT THERE, THAT I AM SHO'VING 'YHICH IS 0:-"- THE "-ESTERN EDGE, IN FRONT OF THE PARKING SPACES THAT FACE NORTHERN 'VA Y ONLY. THERE WOrLD BE ~o 'VALL CONSTRUCTED ANY PLACE ELSE O~ THE PROPERTY EXCEPT FOR SCRROUNDI:.\'G THE DUMPSTER AS REQUIRED BY CODE, THERE \VOULD BE NO OTHER ""ALL OF ANY HEIGHT." SECONDED BY DEPUTY :\IA YOR BLAKE. DISCTSSION, Tape 2 Side B FURTHER DISCeSSION. DEPrTY :\IAYOR BLAKE SAID TO :\IR. STRI:.\'G, "IS THERE ANY POSSIBILITY OF HAVING SOME KI:.\'D OF A WALL EXTENDED DOW:.\' THIS 'VAY TO KEEP SOME OF THOSE BACK-DOOR KITCHEN ACTIVITIES A LITTLE CLOSER TO THE OPERATION?" ~IR. STRING SAID, "WE COeLD POSSIBLY PUT A :\IASONRY \VALL THERE, INSTEAD OF A FENCED 'VALL." DEPUTYI\IA YOR BLAKE THEN ADDED, "IF THERE IS SO~lE ""AY TO TRY AND BUFFER THE OPERATIONS - OF THE KITCHEN 'VHICH 'VE ALL 'VILL PROBABLY AGREE IS NOT THE PRL\IEST OF REAL ESTATE, THEN I THINK THAT 'YOCLD PROBABLY REDUCE SOME OF THE BIPACT FOR HIM." MR. STRI:.\'G, "I WOULD AGREE TO THAT IF YOU HAYE A SUGGESTION O~ HO'V 'YE coeLD DO THA T." April 25, 2005 PUBLIC HEARING ITEM 400 Page 9 of 11 CITY OF WTh'TER SPRr.\fGS. FLORIDA MDIUTES CIn' COMl\lISSION P..EGu'L."R t.,IEETI'{G - FEBRCARY 28. 2005 PAGE 15 OF 17 "I \VOCLD LIKE TO l\IAKE AN Al\IENDl\IENT TO THE l\IOTION TO INCLVDE ADDITIONAL BCFFERING 01\- THE ""EST SIDE OF THE TVSCANY'S RESTACRANT OPERATION AS WAS DISCTSSED." DEPVTY l\IAYOR BLAKE ADDED, "AN ATTEMPT TO DO SOl\IETHING TO PROVIDE l\IORE OF A BVFFER FROl\I THE OPERATIONS FOR THE ADJOINING RESIDENCES THAN CTRRENTL Y EXIST," Al\IENDl\IENT TO THE l\IOTION BY DEPCTY l\IA YOR BLAKE. SECONDED BY COl\Il\IISSIONER KREBS. DISCVSSION, VOTE: (Ol\'" THE AMEl\'"Dl\IE;\H) DEPVTY l\IAYOR BLAKE: AYE COl\Il\IISSIONER GILl\IORE : AYE COl\Il\IlSSIONER KREBS: AYE COl\Il\IISSIONER l\IcGIl\'":\'IS: AYE l\IOTION CARRIED. VOTE: (Ol\'" THE l\IAIl\'" l\IOTIO:\', AS Al\IE:\'DED) COl\Il\IISSIO:\'ER GILl\IORE : AYE COl\Il\IISSIOl\'"ER l\IcGI1\:\'IS: AYE DEPVTY l\IAYOR BLAKE: AYE COl\Il\IISSI01\ER KREBS: AYE l\IOTION CARRIED. April 25, 2005 PUBLIC HEARING ITEM 400 Page 10 of 11 ATTACHMENT B Development Agreement with Approved Concept Elevation . , TillS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 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 of the Tuskawilla PUD; and , ' WHEREAS, Developer strongly desires to develop a "residential friendly" project on the Property that is keeping in the character of the residential character of the Tuskawilla PUD; and WHEREAS, in order to commit to this "residential friendly" Project, the Developer is willing to voluntarily and forever forego certain rights under the Settlement Agreement by reducing the list of permitted commercial uses and thereby protecting the residential character of the Tuskawilla PUD; and WHEREAS, the City is willing to permit a "residential friendly" project on the Property under the special terms and conditions set forth herein including, but not limited to, Developer's commitment to forego certain rights under the Settlement Agreement and Developer's commitment to respect, safeguard and preserve the residential character of the Tuskawilla PUD; and WHEREAS, the City and Developer desire to set forth the following special terms and conditions with respect to the development and redevelopment of the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2, Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Oblif!ations 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. - 2 - have to be adjusted to the City's satisfaction in order to satisfy the requirements under the City's aesthetic review ordinance. As such, Developer and the City agree that the Concept Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase in order to bring the Project into compliance with the City Code and the needs of the Tuscawilla POD. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Concept Plan, Developer acknowledges and agrees that offsite improvements may be necessary, at Developer's cost, to provide water and sewer service to the Property including, but not limited to, force main, lift station and pump upgrades. Further, all water and sewer improvements required on-site to service the Property shall be at Developer's expense. (c) Gary Hillary Drive. In order to facilitate the safe, efficient and orderly flow of traffic to and from the Project and to create a sense of place, the City desires that Gary Hillary Drive be redesigned and reconstructed in accordance with the streetscape plan which is attached hereto and fully incorporated herein as Exhibit "C." ("Streetscape Plan). Developer agrees to design and reconstruct Gary Hillary Drive in accordance with the Streetscape Plan; provided, however, the City shall reimburse Developer for the reasonable costs thereof. However, the Developer's obligation to reconstruct Gary Hillary Drive is subject to the funding condition provided in the last paragraph of this subsection (c). For purposes of this Agreement, (i) the design costs shall include the costs and expenses of land surveying, civil engineering, landscape architecture, irrigation design, electrical engineering and lighting design, and (ii) the construction costs shall include the costs and expenses for clearing, grubbing and earth excavation, and for the constructioll 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. - 3 - , ' properly and reasonably documented in writing. The City shall not unreasonably withhold any approvals required under this paragraph. Although it is initially contemplated by the parties that the reconstruction of Gary Hillary Drive will occur within the existing city right-of-way, Developer agrees to convey to the City any additional land that may be necessary to reconstruct Gary Hillary Drive in accordance with the Streetscape Plan. All such land conveyances shall be by warranty deed and free and clear of all encumbrances. Conveyance of roadway and streetscape improvements shall be by bill of sale and free and clear of all liens, The warranty deed and bill of sale shall be in a form acceptable to the City Attorney, The City and Developer acknowledge and agree that the reconstruction of Gary Hillary Drive will likely coincide with a hazardous waste remediation project that will be performed by Seminole County. The hazardous waste project is the result of a gasoline spill at the 7-11 convenience store several years ago. The gasoline spill affected the area surrounding the 7-11 store, including Gary Hillary Drive. The parties shall continue cooperation with each other and Seminole County to facilitate the implementation of the hazardous waste remediation project. In the event the City is not in a position to approve the funding of Gary Hillary Drive within thirty (30) days from the effective date of this Agreement, the Developer may proceed with the project as outlined in this Development Agreement and Developer shall still have the use of Gary Hillary Drive for parallel parking and said parking shall be applicable to the parking required for Tuskawilla Town Square. In said event, Developer shall fund the cost necessary to create said parking and only design the improvements to Gary Hillary Drive as provided herein. If at a later date the City approves the improvements and funding for the construction of Gary Hillary Drive, Developer agrees that it shall undertake the construction of Gary Hillary Drive as provided herein so long as construction of Tuscawilla Town Square is still ongoing. (d) Construction of Stormwater Improvements. Developer shall design the Project to accommodate the stormwater requirements for the Property, including the roadway improvements to Gary Hillary Drive. The City shall permit Developer to use existing City property located at the corner of Gary Hillary Drive and Winter Springs Boulevard to accommodate stormwater generated from Gary Hillary Drive and the Property, provided said use is deemed acceptable and feasible by the City. Developer shall provide any additional property that is necessary to accommodate stormwater generated from the Property. (e) Permitted Commercial Uses. In consideration of the significant and substantial development rights received by the Developer from the City under this Agreement, Developer hereby agrees to voluntarily and forever forego the right to use the Property for any of the commercial uses listed on Exhibit B of the Settlement Agreement. However, at such time this Agreement is recorded in the public records of Seminole County, Florida, Developer shall be permitted to use the Property for any of the neighborhood friendly commercial uses specifically listed on Exhibit "C" which is attached hereto and fully incorporated herein by this reference, It is the intent and Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 4 - purpose of this paragraph to fully replace Exhibit "B" of the Settlement Agreement with Exhibit "C" of this Agreement. (f) Winter Sprin2s Boulevard In2ress and E2ress. 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) Buildin2 Setbacks. The following Building Setbacks shall apply to the Property: (1) Front (Winter Springs Boulevard) - 10 Feet (2) Rear (Gary Hillary Drive) - 5 Feet (3) Side (Northern Way) - 20 Feet (h) Development Permit Fees. Developer agrees to pay all ordinary and customary development permit fees imposed by the City including, but not limited to, application, building, and impact fees. Within thirty (30) days of the effective date of this Agreement, the Developer and City agree to meet to calculate an estimated schedule of fees based on Developer's proposed Project at the time of the meeting. (i) Tree Replacement. Developer shall comply with the City's Arbor Ordinance set forth in Chapter 5 of the City Code. The Developer acknowledges and agrees that to the extent that the City's arborist determines that the Property can not adequately sustain the number of replacement trees that are required on the Property under the City Code, Developer shall provide the trees to the City and the City will plant the trees off-site at its discretion. In accordance with Section 5-8 of the Winter Springs Code, the City Commission agrees that no more than three (3) Specimen Trees may be removed from the Property due to Developer's representation that such trees must be removed in order to complete the Project. An inch for inch tree replacement shall be required for the removal of said Specimen Trees. The Specimen Trees may be removed at such time the City issues the appropriate permit, but not prior to such time that the termination rights set forth in paragraph 20 have expired. G) length, On-Site Parkin2. 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 of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law, 14. City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15, Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 6 - 16. Third-Partv Rif!hts. 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 WINTE~SPRINGS j~ . 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 A/JVDrt Printed Name of Witness By: '~QAI.j, k~, Signature of Witness fYlltf~ J .PI fI/ J t{ ;~ Printed Name of Witness STATE OF FLORIDA COUNTY OF ~ The foregoing instrument was acknowledged before me this ~ day of ~t....blr , 2004, by Alec String, as President of BRYCE FOSTER CORPORATION, a Florida Corporation, on behalf of said corporation, He is €rsonally knoWiI:Jto me or produced as identification. (NOTARY SEAL) 90011'911 ^ lnr WI'iOO Art ~~oa )> ~ ~ ~ 0 1~?l1nc;o:n /~, f'; 1V3S A\N.LON'lvr.JI:HO. . d ^U Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 9 - LEGAL DESCRIPTION FOR TUSCAWILLA SQUARE (North East Corner of Winter Springs Blvd & Northern Way) as prepared by "Southeastern Surveying & Mapping Corp." LEGAL DESCRIPTION: From the centerline ot 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 RIW); thence run South 86 degrees 23 minutes 05 seconds West along said North right-at-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 RIW); 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" 1'. iUS......~... >.... B. '. w.'~........I..~...ll....... a..iS.................I. .,..'..1........ a. re . .. . .J,. .... " .JI .... ..... . c',, . '.' Concept Plan Summary Location: ] 301 Winter Springs Blvd Winter Sprlngs,FI. 32708 Land Siu: 1.4112 Acres Current Use: Tuscany's Restaurant Proposed Use: Expansion of Tuscany's Restaurant and additional retail space Design:Features: Key West Ulspired Design in a residential scale, FrontPorches, Metal Roofs, Brick drives, Fountain, Gardens, Benches, and Bike Racks, lmproveltlents to Add sidewalks, address storm water Gary Hillary Drive: Drainage, Lighting, L!lndscaping and Remediation of groundwater contamination Architect: Starmer Ranaldi Landscape Arcbitect: Dobson's Owner: Bryce Foster Corporation EXHIBIT I (( 6 II .~'- f"'-' j, \'" <' .' f .' L; \ G,I~ " ~. ... ,.... (Gi t:;:;;;" ~:\? f/-"''''~ rl \ \ ;~..J ~) g ~ ... ;:!~ ilIt ~~ (,)0 !CI> J.; /"-.., ""... '..., .....) '", / .M:\ , I / J ,/ I / I _ _ -- /.!/'-................/I --- ---- --- ).. ~ m ; ....wlil d::il ~i:ES: ttQi ~ ~ ,... -- _-I ---- \ \ \ \ 0,... \ ';' . \ ...... . \ \ \ \ \ \ \ \ \ \ \ \ - - \ \ \ \ \ \ \ \ \ " o 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. April 25, 2005 PUBLIC HEARING ITEM 400 Page 11 of 11 ATTACHMENT C Site Plan & Building Elevations with Signage Monument Sign, Dumpster Enclosure and Screen Wall Date: April 25, 2005 The following was distributed by Mr. Bill Starmer on April 25, 2005 during "Public Hearings 400". Tuscawilla Square Aesthetic review Staff Comment Response 1. Comment: A concern was raised about the stability of a center post for the dumpster enclosure gates. Response: Have agreed to change gate to double gate hinged on cmu walls and not on vulnerable center metal post. 2. Comment: A concern was raised about the restaurants use ofthe dumpster and associated odors. Response: This is a common use of a dumpster and the owner will enforce keeping the cover closed. 3. Comment: A concern was raised that the street side of the buildings looks like the back of a building. Response: Street side elevations have been re-designed with similar roof height variation, roof gable framing, additional railings, additional stone, entryway doors, and "bahama" type shutters to simulate the front elevation of the buildings. 4. Comment: The original renderings showing a warmer exterior color of the buildings is preferred over this cooler gray color. Response: The exterior color scheme has been re-designed to match the original rendering's colors. 5, Comment: A desire to see more "bahama" shutters was expressed. Response: The exterior has been re-designed to include more "bahama" shutters. 6, Comment: A desire was expressed to add mullions to the windows to match the original rendering. Response: Window sizes have been revised but mullions where not added to allow better merchandising visibility. 7. Comment: A desire was raised to make side shutters equal to the width of the windows. Response: Side window shutters where removed in their entirety to stick closer to the original rendering and to add additional "bahama" shutters. 8. Comment: A desire was expressed to change all small building signage to one color vs, several colors. Response: All small building signage has been revised to be one color. 9. Comment: Need to add wall to hide mops from restaurant wall. Response: This will be addressed with restaurant owner and mops will be removed public view. 10. Comment: A desire was expressed to see more stone on street side of building. Response: The street side of the buildings has stone where decorative cmu was used and stone columns have been added to corner columns. 11. Comment: A concern was raised about the masonry wall foundation affecting existing tree roots. Response: We will address this in the construction drawings with a tree root protection detail drawing and specification. 12. Comment: A concern was raised about the monument sign foundation affecting existing tree roots. Response: We will address this in the construction drawings with a tree root protection detail drawing and specification. 13. Comment: A concern was raised about the existing hawks nest and whether construction would interfere with its mating season, Response: We do not anticipate construction starting for another 6 weeks which should put construction activity well past the hawks mating / nesting season, 14. Comment: We were asked about mailbox locations. Response: This will be coordinated with the Post Master and we will advise the City,