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HomeMy WebLinkAbout2002 11 11 Informational B Dumpster Locations at Tuskawilla Office Park COMMISSION AGENDA ITEM B CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR November 11,2002 Meeting ~ MGR. I /DEPT Authorization /~ REQUEST: Community Development Department is advising the City Commission of its previous action regarding dumpsters locations at Tuskawilla Office Park (TOP) . PURPOSE: This agenda item is in response to a City Commission directive to explain where the dumpsters would be located at the Tuskawilla Office Park (TOP), as a response to a citizen complaint during "public participation" at the October 28, 2002, City Commission meeting. CONSIDERATION: At the February 11, 2002, Commission meeting, at which the final engineering/site plan, final subdivision plan, and development agreement were on the agenda, residents from the adjacent Oak Forest Unit 7 spoke of concerns about the dumpster that was proposed near the southern site boundary. The City Commission required this dumpster to be relocated near lot 4, far away from the residential lots. No concern was expressed and no directive was given regarding the dumpster proposed near the northwest of lot 11, between that lot and the storm-water pond. The development agreement was modified to include language requiring that the dumpster near the southern site boundary be located near lot 4. The development agreement was executed and has been recorded in the public documents of Seminole County. In March, the site dimension plan was modified to reflect the amended dumpster location (northeast of building 4). On May 13, 2002, the City Commission adopted Ordinance No. 2002-13, which set forth minimum standards for screening both existing and new dumpsters from the public view. The ordinance required both sides and the rear to be screened by an opaque wall, constructed of brick, stone, or other similar durable material, provided the material used is compatible with the architectural design of the principal structure. The wall must be at least 6 feet in height or the height of the dumpster, whichever is greater. The possibility of an Oak Forest resident looking out from a rear yard at a dumpster in the nearby Tuskawilla Office Park appears to be adequately addressed by the development agreement, the revised site plan, and Ordinance No. 2002-13. November 11,2002 Informational Agenda Item B Page 2 of2 RECOMMENDATION: None required ATTACHMENTS: Attachment A - February 11,2002, City Commission minutes Attachment B - T. O. P. Development Agreement Attachment C - Ordinance No. 2002-13 Attachment D - Site plan COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 3 OF 36 Mr. and Mrs. David Bohnstadt, 1170 Talmo Street, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated, "They are "Opposed," regarding the Nursery Road issue. Mr. Kevin Lathrop, 1230 George Street, Winter Springs, Florida: did not address the Commission, and Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Ms. Cheryl Lathrop, 1230 George Street, Winter Springs, Florida: did not address the Commission. Ms. Lathrop's "Public Input" form noted that she was "Opposed," regarding the Nursery Road issue. Mr. Ed and Deanna Lathrop, 1230 George Street, Winter Springs, Florida: did not address the Commission and their "Public Input" form noted that they were "Opposed," regarding the Nursery Road issue." Mr. Andrew Chipchak, 1221 George Street, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Mr. Tom Gekas, 1115 Oak Lane, Winter Springs, Florida: did not address the Commission. Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Mr. Harold Spangler, 1162 Talmo Street, Winter Springs, Florida: also did not address the Commission. Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. Ms. Lilian Spangler, 1162 Talmo Street, Winter Springs, Florida: did not address the - . Commission and Mayor Partyka stated, "Opposed," regarding the Nursery Road issue. ................ .... . . . . . . . . . . . . . . . . . . . . :::: :: :: :: :.:: Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: spoke about her ::.:.:.:.:.' . .,:.: concerns with the Avery Park project such as a request for a ten foot (10') buffer, and that : . : . :. : . : . : . : . : . : . : . the dumpster be moved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Michael Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: also spoke of his concern with the Avery Park project and noted how fast this project seemed to be -: ::-:-: -: -:'.' -:. moving. ................ . . . . . . . . . . : i: i: i: i: '* :~ Mr. Brian ?liver, 630 Cheoy Lee. Circle, Winter ~prings, Florida: identified some of his : :. :. :. :. :.:.: .: .:. concerns wIth the A very Park project such as the lights and the dumpster. ::: :: :: :::::::::::: Ms. Lisa Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: Mayor Partyka stated "Let the record show she is opposed." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 23 OF 36 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED AND VOTED ON AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR G. Community Development Department Presents To The City Commission, In Its Capacity As The Development Review Committee (DRC), The Final Engineering And Site Plan For The Tuskawilla Office Park. Mr. Carrington and Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item. Tape 3/Side B Discussion ensued with Ms. Sandy Bierly of CRC Development and Mayor Partyka. Mayor Partyka reviewed the earlier concerns mentioned under "Public Input" and said to Ms. Bierly: "On the brick wall, that they liked it, but to make sure it is on the plans." With confirmation by Mr. Baker, Mayor Partyka said, "So that is in the plans then." Commissioner Blake stated, "I would like the brick wall to be depicted in the Developer's Agreement, as well." Mayor Partyka then said, "Even though theoretically or technically that's not residential, that strip, that this Commission or the developer consider that residential adjacent to this." Mayor PaItyka added, "They purchased that piece of property, it's going to be annexed into the City and the whole idea was it's just an extension of their residential property, so - I just want to make sure that's the consideration by this Commission." Mayor Partyka then said, "So from the developer's standpoint, I am assuming you are considering this piece that is adjacent to them as residential?" Ms. Bierly stated, "I let the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11.2002 PAGE 24 OF 36 piece go, didn't include it with my site plan, to give further distance from my piece to there." Next, Mayor Partyka stated, "Ten foot (10') buffer, north of the brick wall - they had a concern about the road being too close to the wall." Ms. Bierly stated, "There is not another inch to spare on this piece. I am not able to accommodate that." Ms. Bierly then said, "IfI could plant trees in there, that's exactly what I want to do - that's exactly what I will do." Regarding the dumpster, Mayor Partyka commented, "They had a concern about that it may be too close to the homes, and they had - requested to be able to move it to the north end." Ms. Bierly said, "IfI can relocate it to the area where the emergency exit is, then I might try to do that. But at this point, this is fully engineered, this site, way over budget - I'd rather not go back - if we can do it as an as-built, take a look at it as the site gets developed and the City will allow that, I would like to accommodate." Mayor Partyka then asked, "Where is the sewer easement? They had a question on the easement?" Ms. Bierly responded, "Yes, it's coming from Oak Forest." Parking concerns were discussed next and Mayor Partyk'a inquired of Ms. Bierly, "Parking slots - are there enough? Too much - parking spots. They had a concern on whether it was planned for a one-story, two-story?" Ms. Bierly explained, "I believe we have justified our parking to Staffs satisfaction and I had asked and the Commission approved in the preliminary, that we didn't have to do two-story's on 5 through 11 and that was approved previously so it opens the door for us to do one or two-story. 1 don't believe we will do two-story's there, but 1 didn't want to be - ifI could get an exception to do one story's, that is what 1 wanted." Mayor Partyka then asked, "Who is going to take care of the retention pond?" Ms. Bierly answered, "The Association." Commissioner Blake inquired, "Can we have the wall built prior to the..." Ms. Bierly stated, "...I can't answer that question, because typically we would not do it until we had most of that large equipment out of there." Ms. Bierly added, "I would rather have the separation as soon as possible, for my own sanity sake - if 1 can do it 1 will." Further, Commissioner Blake said, "Is there a way we can agree to have the wall done and accepted and approved prior to the - second pad being put down?" Ms. Bierly stated, "The wall will definitely be finished, I will be out of there right - before these buildings are built. Absolutely. - In seventy-five (75) days the infrastructure will be in and the wall will be up - the landscaping will be in and there will be no buildings up yet." Commissioner Blake then said, "Can we have that representation as part of the Developer's Agreement?" Commissioner Blake further explained that "I am looking to have the wall up and completed, prior to the majority, if not all of the elevation work - the vertical - the point is that the folks - that live there in their houses, are looking to be . . . . . .. . . . :.:..-....:.:.:.:. . ."0........ . . :.~: ':::~ !i!<!<!:;:/ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11.2002 PAGE 25 OF 36 shielded from the construction activities, to the greatest extent possible." Ms. Bierly responded, "I understand, I absolutely understand." Commissioner Blake then said, "I am just asking for that to be made part of the Agreement that the wall will be completed prior to some point - however we define that. And that point for me is before the first building is built - that is what you just said, so I am just asking if we can put that as part of the Agreement?" Ms. Bierly said "Fine with me." Manager McLemore said, "Prior to vertical." Ms. Bierly stated, "Fine - as long as the City cooperates with - building of the wall, with the permitting." Ms. Bierly then said, "I would like to be able to build on lot 4, as soon as possible, and it's the furthest distance from them." Regarding the landscape plan, Commissioner Blake spoke of the Oak trees "That are predominately on the northern side of buildings 9, 10, 11, and then some that go all the way to the very western edge of the property, over here on the other side of the retention pond and then a few more that go around the circle - I think the circle is important to maintain, but I am looking to have somehow, some additional trees placed along the southern boundary - even if they are on the other side of the wall, on the south side of the wall, if it's possible for us to find a way to do that, in those areas where it's really wide open." Commissioner Martinez departed the Meeting at 10:52 p.m. Discussion. Ms. Bierly explained to the Commission, "The landscaping plan is subject to change - I am sure it will change when we get on site, and the areas that don't need..." Ms. Bierly added, "I want the flexibility when I am on site to make those decisions and I will commit that I will shield those folks and put as many trees on my property and any place where there is a deficit, that I would make a commitment to put something there on their property. 1 don't know how enforceable that could be." Commissioner Blake suggested that "Perhaps - the City could even be involved in that, because we are trying to facilitate a win-win here also 1 think, and if that gets us closer to having an optimal development, that's neighbor friendly as welL.." Ms. Bierly stated, ".. .I'm fine with that. Absolutely." Commissioner Blake asked about the dumpster situation. Ms. Bierly stated, "I don't think that based on the way that we have changed the entrance that you know, it has to work engineering wise, and I can't say at this moment in time, but if 1 can change it, I will." Ms. Bierly added, "If I can move it, 1 will." Furthermore, Commissioner Blake said, "1 have a real serious problem with it being where it is currently depicted, and there is - I am sure that we could come up with at least a couple of other alternatives here..." Ms. Bierly then said, "As long as it doesn't hold up my site permit, I will change this. But to go back, and if it is something we can do in the field, we will change it." Commissioner Blake said, "I would have to have an agreement that it's not going to be along this residential line." Ms. Bierly remarked, "That's fine." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 26 OF 36 "MOTION TO EXTEND FOR ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner Blake said to Ms. Bierly, "The easement that was vacated, this drawing includes the fifteen feet (15') of it or the half of it - the northern half?" Ms. Bierly stated, "Yes. 1 hope so." Commissioner Blake then said, "How will we know? 1 mean you are sure." Ms. Bierly stated, "Yes." Discussion ensued on buffers. Commissioner McLeod suggested that in the future regarding Developer's Agreements, that "There ought to be - here's the Code Commissioners, here is what we are asking for in the Developer's Agreement, rather than we Commissioner's have to dig through this." Further, Commissioner McLeod said, "What you are putting in the Development Agreement and what Code portion we are giving up, I think the Commission ought to be aware of what they are giving up, and what they are getting." Buffers and the distance from the buildings was further discussed. Deputy Mayor Gennell departed the Meeting at 11 :07 p.m. Commissioner McLeod stated, "I think that we really need to be very sensitive to what is going along that wall - I wish there was a way to get some plantings in there." Commissioner McLeod added, "The six (6) homes between - buildings 8 and 10 - that's one of the areas that I think definitely - you are talking about a six foot (6') wall and that's all you have got, and other than that you are looking right at the building, and you are also looking at the street lights - you are going to have street lighting here at night?" Ms. Bierly stated, "Yes." Commissioner McLeod then said, "So it is going to light those back yards also?" Ms. Bierly explained, "Not from what the Florida Power tells me- no, there is lighting that I can put in there that will - not affect neighboring properties." Further discussion followed on lighting. Ms. Bierly stated, "I intend to bury the lines from in front of the whole property." Ms. Bierly added, "And we have done the same thing in Avery Park." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 27 OF 36 Issues dealing with trees and the dumpster were further discussed. Commissioner Blake stated, "As far as how many trees, I would rather define it, in terms of the type of benefit that is provided." Manager McLemore suggested that "We could sit down with Mike Mingea [ArboristlEnvironmental Inspector, Code Enforcement Division, Community Development Department] and work through some of these things." Commissioner Blake was in agreement with this. Ms. Bierly suggested, "What if move forward with this, with the idea that the next Commission Meeting - allow construction to begin and the site plan, or the landscaping plan is going to be amended anyway - I know that right now, because there are things I'll change when we are on site and come back to you at the next Commission - and say, this is how many trees it took - and work it out with the neighbors?" Discussion. Commissioner Blake suggested, "My best recommendation would be to have a spacing formula, and it looks like these trees that are in here are currently about thirty feet (30') on center, and - I would think that if you went to, in the areas were there aren't trees along the southern boundary, if you put additional trees in there at forty-five feet (45') on center, that that would give each homeowner, on the other side, at least one (1) tree and in most cases, two (2) trees if there wasn't a tree - in terms of what they see when they look out back." Ms. Bierly said, "That's fine." Tape 4/Side A Commissioner Blake added, "It would be in the Developer's Agreement - we would want to draw on here, Charles (Carrington) - and make this part of the Developer's Agreement understanding that - I know that the landscape plan is going to be amended as we get there, but that will be one portion of it that we will have already settled on." Ms. Bierly stated, "Fine." Commissioner McLeod added, "So you are really talking putting these trees to the south of the wall, is that correct?" Ms. Bierly stated, "Correct." Commissioner McLeod then suggested, "I would say that based upon that the owner would have to agree with a tree being put on their property." Ms. Bierly agreed and said, "Right." Discussion followed on the size of trees with Commissioner McLeod asking, "What size is this tree?" Ms. Bierly responded to Commissioner McLeod's question and stated, "I would say six (6) to seven feet (7')." Ms. Bierly added, "I would like to put the kind of trees that they would like in their back yard, it's going to be their back yard, but if you want to dictate something that could be flexible t,o what they want, that's fine." Commissioner Blake said, "I think our discussion was based on the trees that are already being placed along the southern border to continue with those, which according to this would be the Oaks that are fourteen (14) to sixteen feet (16') by sixty-seven feet (67') tall, three and one-half (3 Y2) to four inch (4") caliper, sixty-five (65) gallon..." Ms. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11.2002 PAGE 28 OF 36 Bierly interjected, " . . . So that becomes part of my tree replacement, total tree replacement? All right. Fine." Commissioner McLeod suggested that "You would have to get this arrangement and put the trees in - I would suggest, before the wall goes in." Furthermore, Commissioner McLeod stated, "You should have it in writing, so that they sign something that says they do not want anymore trees in their yard." Manager McLemore stated, "That won't be a problem." Landscape care was next discussed. Ms. Bierly offered, "What if 1 make a monetary donation to each one of those people, write them a check." Commissioner McLeod suggested ways to resolve the problems associated with maintaining the trees and suggested that a ninety (90) day warranty might be best. Commissioner Miller proposed, "Could we table this until the next Meeting, and have Staff bring back some proposals." Commissioner McLeod suggested that the City Manager and the City Attorney figure out the best solution to this problem. Commissioner McLeod then said, "I would also try to - Ron, I'd look at least at some kind of ninety (90) day agreement, that if they put trees there, they make sure that they are handled." Manager McLemore said, "I think you can get your standard warranty, as long as they know the tree has been planted correctly, and they are being watered correctly. We'll look at it." Attorney Garganese stated, "With respect to the approval of the engineering plans there were going to be certain conditions that need to be added to the Development Agreement." Attorney Garganese added, "Make sure that you make the Final Engineering Plans contingent upon all of those additional conditions being added to the Development Agreement." REGULAR H. Community Development Department Requests The City Commission Approve A Binding Development Agreement Between CUC Development And The City Of Winter Springs For The Development Of Tuskawilla Office Park. Ms. Bierly added, "That is incorrect - it is between Tuskawilla Office Park, LLC and the City of Winter Springs." Commissioner Blake asked Ms. Bierly, "The text in the agreement is correct?" Ms. Bierly stated, "Yes, it is." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 29 OF 36 "THIS IS ITEM 'H' WHICH IS A DEVELOPERS AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND TUSKAWILLA OFFICE PARK, LLC, I MOVE APPROVAL OF THE AGREEMENT WITH ALL OF THE ADDITIONS AND CHANGES THAT WERE DISCUSSED THIS EVENING, FEBRUARY 11, 2002, INCLUDING THE REPRESENTATIONS MADE BY THE DEVELOPER AND COMMENTS OF STAFF." COMMISSIONER BLAKE ADDED, "AND THE CHANGES IN THE ENGINEERING PLAN AS WELL." . . . . . . . . . .' ATTORNEY GARGANESE SUGGESTED THAT THE FOLLOWING BE .:-:.::::::::::::::: INCLUDED: ADDRESSING THE BRICK WALL IN THE DEVELOPMENT ::~:i:i:i:i*:: AGREEMENT - "THE WALL HAS TO BE BUILT PRIOR TO VERTICAL - -: . ...... . ....:- WITH THE EXCEPTION OF - 4. THE DUMP PAD HAS TO BE MOVED..." ::::::-:-::::::::::: COMMISSIONER BLAKE ADDED, "...THE DUMP PAD ON THE SOUTH ::::::::::':':':':':PROPERTY LINE." ATTORNEY GARGANESE CONTINUED, "LIGHTING, NO GLARE ON OAK FOREST. WE ARE GOING TO PUT A PROVISION IN FOR THAT. THERE WAS A REFERENCE TO ATTACHING THE LANDSCAPE PLAN..." COMMISSIONER BLAKE ADDED, "...ATTACH A LANDSCAPE PLAN WITH THE ADDITIONAL TREES BEING PLACED AT FORTY-FIVE FEET (45') ON CENTER; THOSE BEING THE SAME TYPE OF OAK TEES THA T ALREADY ARE LISTED ON THE DEVELOPER'S - LANDSCAPE PLAN - THOSE TREES COULD OCCUR SOUTH OF THE PROPERTY LINE THROUGH AN AGREEMENT THAT THE CITY WOULD ASSIST WITH, WITH THE INDIVIDUAL PROPERTY OWNERS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR G. Community Development Department Presents To The City Commission, In Its Capacity As The Development Review Committee (DRC), The Final Engineering And Site Plan For The Tuskawilla Office Park. "ITEM 'G' - THIS IS THE DRC, THE CITY COMMISSION SITTING AS THE DRC, REVIEWING THE FINAL ENGINEERING AND SITE PLAN FOR THE TUSKA WILLA OFFICE PARK, I MOVE APPROVAL CONTINGENT UPON - ALL OF THE DISCUSSIONS THAT WE HAD TONIGHT - THE PLAN BEING AMENDED TO REPRESENT AND REFLECT ALL THOSE AGREEMENTS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 30 OF 36 MADE TONIGHT AND SUBJECT TO ALL THE CHANGES AND ADDITIONS MADE TO THE DEVELOPER'S AGREEMENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR I. Community Development Department Requests The City Commission As The Development Review Committee Approve The Final Development/Engineering Plans For The Proposed Tuskawilla Office Park Subdivision. Brief discussion. "I MAKE THE MOTION TO APPROVE THE FINAL SUBDIVISION PLAN SUBJECT AGAIN TO ALL THE CHANGE AND DISCUSSIONS, MODIFICATIONS, ALTERATIONS THAT WERE AGREED UPON TONIGHT AND THAT OCCUR IN THE DEVELOPER'S AGREEMENT AS AMENDED THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. With discussion, Ms. Bierly said, "If a dumpster is going to hold me up, then I'll say I will eliminate it and come back at another time to adjust my site plan." Mayor Partyka summarized, "So basically she is saying, "Approve it - they will approve it without the dumpster which is fine. Okay, then it is up to her to come back at another time to request of this Commission the siting of those dumpsters." Commissioner CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 11,2002 PAGE 31 OF 36 McLeod stated, "I would be opposed to that. 1 would prefer to see that we know right where it is going." Commissioner McLeod then suggested, "Let them have it - within two (2) weeks from now if you don't have the information you just get a 'Stop Work Order.' Can you follow that through, Ron?" Manager McLemore stated, "Yes, indeed." But it sure should be on the plans." REGULAR J. Community Development Department Requests That The Commission Approve The Recordation Of The Plat And Supplemental Covenants For Avery Park. "I MAKE A MOTION TO APPROVE THE RECORDATION OF THE PLAT AND SUPPLEMlENT AL COVENANTS FOR A VERY PARK." MOTION BY COMMISSIONEIR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE STATED THAT BEFORE DEPUTY MAYOR GENNELL HAD LEFT SHE HAD ASKED THA T THE FOLLOWING INFORMATION BE DOCUMENTED IN THE RECORD: "DEPUTY MAYOR GENNELL HAS REQUESTED THAT A REQUIREMENT BE ADDED TO THE DOCUMENTS FOR A RESERVE FUND FOR REPAIR AND REPLACEMENT." MS. BIERLY STATED, "YES. JOHN (BAKER) I BELIEVE WILL GIVE ME A FORMAT THAT YOU ALL HAVE ACCEPTED MAYBE WITH PARKSTONE, AND WE WILL HAVE THAT PAGE CHANGED IN THE COVENANTS." FURTHER, ATTORNEY GARGANESE STATED, "A COUPLE OF ADDITIONS THAT I WOULD LIKE TO SEE ADDED - WE PUT A CONFLICT PROVISION IN THE DOCUMENTS TO ENSURE THAT LOCAL, STATE AND FEDERAL LAW PREVAIL IN THE EVENT OF ANY CONFLICTS WITH YOUR PRIVATE DEED RESTRICTIONS." ATTORNEY GARGANESE ADDED, "I WOULD RECOMMEND BECAUSE THERE ARE CERTAIN PARK AND RECREATION AREAS DEDICATED FOR RECREATIONAL USES, WE WOULD WANT AN ABILITY TO ENFORCE ANY DEPRIVATION OF THAT RECREATIONAL SPACE, SO - THE CITY WOULD BE THIRD PARTY BENEFICIARY IN THE DOCUMENTS TO ENSURE THAT THAT LAND STAYS PERPETUALLY AS RECREATIONAL AREA - AND I CAN GET WITH THE DEVELOPER ON THE LANGUAGE WITH THOSE PROVISIONS." ATTORNEY GARGANESE ADDED, "IN ADDITION, IT GOES IN THE DECLARATIONS AND COVENANTS." ..nd Return to: ". Gargane-:le. cay Attorney .,,'-Ward. Salzman Ilo Weiss, P.A. J5 E. Robinson Street. Suile 660 P.O. Bo~ 2673 '- Orland<l. FL 32802-2873 \,WARD,SALZI.1AN)ATTACHMENT B I~ 11:'~~Ar~;. .1IM ... QOK IP' CltlWIT autT lIIUfIU aum 8K 0~3~7 PO 1670 CLERK.S . 2002844030 ~ UlUnlOO! OhU,SJ m --- ... &1.00 .... rt L MaNilIS" rctye ~ r:\RCp.t.I.D. NO. ()1-21-JU-~Ul.U()(JO-O~5U BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this d~~ay of ~2002. by and between the CITY OF WINTER SPRINGS, .a Florida municipal corporation ("City") whose address is 1126 East State Road 434, Winter Springs, FL 32708, and TIJSKA WlLLA OFFICE PARK, L.L.C., a Florida corporation ("TOP"), whose address is 800 Westwood Squnre, Suite E, Oviedo, FL 32765. WIT N E SSE T H: WHEREAS, TOP is constructing an office park development on real property located within the City of Winter Springs. Florida; and WHEREAS, the real properly is currenlly located within the City of Winter Springs and is currently part of the Winter Spllngs Town Center; and WHEREAS, the parties desire to memorialize their mutual understanding that the real :"\ propcny will be developed as TUSKA WILLA OFFICE PARK DEVELOPMENT project in accordance with the Town Center Zoning District requirements adopted by the City, (the "Project"); and WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with TOP for the development of the Project; and Sent By: tlHO':/N, WAHU I ~AL LiM,r,c''''~ ~ 0~, r'. 1\. ; llUI .qr.J ~::1:)~O; i.'ci Y - t) - U~ 1 I : ...1UJ\r,l; r'i1lJC J FILE ~ 200R640\030 OR 8OOt< ~.)47 PA9E 1671 WHEREAS, in addition to TOP's compliance with nil City Codes, permitting and constructiun nut in conflict herein, the City and TOP dcgirc to set forth the following special terms and conditiong NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, th~ parties mutually agree as follows: Section 1. Recitals The foregoing recitals !lre hereby incorporated herein by this reference. Section 2. Authority. This Agreement. is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subiect Property. The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit" A" attached hereto and made a part hereof hy reterence. Section 4 Representations of TOP. TOP hereby represents and warrantg to City that TOP 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 execution, delivery and performance of this Agreement. This Agreement wiH, when duly executed and delivered by TOP and r~orded in the public records of Seminole County. Florida, constitute a legal, valid and binding obligation cnforccable against TOP and the Property in accordance with the term~ nnd conditions of this Agreement TOP represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. -2- ~enl oy: OnU~N.nAnU,~ALLMAN~WC1~~,~.A.; qUI q~~ ~~~b; May.tJ.U~ 11 ::3UAM; Page 4 FILE ~ 2002844030 OR D(')O< 04347 PASE 1672 Section 5. TOP's Obligationg and Commitments. In t:onsit.leratiun ufth~ City ent~ring intu this Agreement with TOP, TOP voluntarily agrees as follows: (a) Office Structures. All oHiee structurcslocatcd on and fronting the Tuskawilla Road (Lots I -4) shall be two (2) stories in height. All other office structures may be either one (I) or two (2) stories in height, however, TOP understands the City prefers two (2) stories pursuant to the Town Center District Code. (b) Fencing. Vinyl picket fencing four (4) feet in heiglll shall he in~taJ\ed fifteen feet (15') from the nOM property line behind Lots 4- I I and in compliance with all City Code requirements The design of said fence shall be acceptable to the City. (<.:) Wetland Buffer. In consideration of the peculiar site constraints, the property will be developed with a tifteen-toot (15') wetland vegetative buller provided said butler is permitted by the St. Johns River Water Management District and approved by the City Commission in accordance with the City's Comprehensive Plan (d) Wall Buffer. A six (6') foot high hrick wall shall be constructed along the south prupt:rty lille (Oak Furr~st Subdivisioll) [rom Tuskawilla Road to the wesl end orthtl detention pond. Said wall shall be fully,constructed prior to the first building permit being issued for the officc structurcs except a building permit may be issued for, and an office structure constructed on, Lot 4 simultaneously with the construction of the wall. -3- ::.elll oy: OnUWN,V\'AMU,;)ALLr~Ar;6Wt:l:;:;,t"'.A.; 4UI 4<'~ ~:J~ti; May-e-02 11 :30A~i FILE N..m ~8440.lO ~ It()(>>( O~J.4 7 PAGE 167 J (e) Dumpster Pad. No Dumpster Pad shaU be located along the south (Oak Forrest Subdivision) or State Road 434 property Jines. A Dumpster Pad shall be located near Lot 4. (f) Lightin~. All exterior lighting on the Property will be directed inward towards the Property, so as to minjmize or eliminate the effects of glare on the adjacent residential property, particularly the Oak Forrest Subdivision. (g) Additional Tree R\1fl'er. TOP acknowledges that due to site restrictions on the Property, there are several landscape gaps depicted on the Landscape Plan along the south boundary where no oak trees can be planted on the Property ("Landscape Gap"). In order to fill in the Landscape Gaps with oak trees, TOP agrees to offer the Oak .Forrest Subdivision Jot owners located adjacent to the south side of the wall and a Landscape Gap, an opponunity to have instalkd, on their lot, at TOP's expense, a 3-4" caliper oak [ree(s) with a height of at least 6-8 feet. Said oak trees shall be installed in addition to the landscaping required on the Landscape Plan and prior to the completion of the wall at a spacing distance of 45 feel. unless a lot owner slales in writing that they do not desire a tree('s) in which case the spacing distance may be greater to accommodate thut lot owner's desire not to have 11 tree. Any tn:e planted pursuant to this subparagraph (g) shall be counted for purposes of sat is tying TOP's Tree Replacement requirements. TOP shall also require the nursery providing the oak trees to provide each lot owner with the nursery's standard Iree warranty. -4- Pag e 5 . . . 00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~.................., . ., ..... . " ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . '. . . . . . . . . . ". . . . . . . . '.' Sent By: BROWN,WARO,SALZMAN&WElSS,~.A. i 4Uf 4~::> ~::>~tjj May.tl.u~ 11 :JUAMj r-age D/1~ F Il.€ HUM eooaa440JO Oft BOOt< ~~7 ~ 1674 (h) Parks. A land area west of Lots] -3 shall b~ tkvdup~d as a passiv~ park induding paved walkways, park benches, street lighting, and landscaping material suitable to the City and consistent with the Town Center design theme of the Project. Final details shall be subject to the City Manager's approval. (i) Arbor Ordinance Requirement. (A) Tn consideration of trees which shall be cut, removed or destroyed from the property by TOP or its agent. TOP shall replac.e trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tre~ Replacement Assessment established by the City. TOP may deduct from their Tree Replacement Assessment, Tree Replacement credits based on the number of replacement credits as provided in the Preferred Plant List. provided that: (i) All plant materials are Florida Grades and Standard One (1) or better; and (ii) All plant materials are properly installed; maintained and replaced as deemed necessary under the City' 5 Arbor Ordinance. (iii) Tree removal inspection fee to be capped at $200.00 for all trees to be removed on th<: Property. '\ (iv) The landscape plan for the proposed development to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida. (B) For purposes of this Seelion 5, the [ollowing words shall have the meaning ascribed below unless the context clearly indicates otherwise: -)- Sent By: BROWN,WAHlJ,SALLMAN&WtlSS,r.A.; <lUI 4~~ ~~~H:i; :~a y . l:J . U;,> 1 1 : ~j 1 AI.1 ; Page J/1;e FILE NUH ~,)() OA BOQ( 0.:141 ~ 16 n5 (i) "City Arbor Ordinan(,;~." City Arbor Ordinance shall mean Chapter 5 of the City Code of Ordinanceg otherwise known as the city Arbor Ordinance. (ii) "Preferred Plant List." Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit "B" of this Agr~ement. (iii) "Tree Replacement Assessment" Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the: City of Winter Springs as provided in the Arbor Ordinance for the replacement of trees cut, destroyed, or removed from 8 property in the City as a result of development or redevelopment. (iv) Tree Replacement Credit. Tree Replacement Credit shall be equal to One Hundred Dollars ($100.00) and no cents in tree replacement value Additionally, TOP agrees to in~1all and maintain in a first class condition landscaping on the Property in accordance with the Landscape Plan attached ht:rt:tu a:i Exhibit "C," which is hereby fully incorporated herein by this reference. TOP shall promptly replace dead trees and shrubs to a condition equal to or better than required by the Landscape Plan. (j) Setbacks. Building front set back shall be 0-10 feet, side set back shall be 0-10 feet and rear set back shaH be o-} 0 feet. Section 7. Successors and AssilPls This Agreement shall aUlomlltically be binding \lpon and shall inure 10 the henefit of the successors and assigns of each of the parties -6. Sent By: BROWN, '/!AHlJ I SAL LUJ\i';~',':i:!;:;::; It'. A. ; 4Uf 4<:~ ~~~lj; May-e-U~ 11 :J1AM; Page 8/12 FILE NlI1 &tOOae.. 4030 Oft II()(>>( o-\M 7 PA8lE 1676 SecliUII 8. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 9. Amendments. This Agreement shall not be modi tied or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 10 Entire ~reement This Agreement supersedes any other agreement) oral or written, and contains the entire agreement between the City lInd TOP as to the subject matter hereof Section 11 Severability If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect lhe validity or enforceability oflhe remainder Oflhi!! Agreement. Section 12. Et1'eclive Dale. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties Section 13. Recordation, This Agreement shall be recorded in the public records of Seminole County, Florida. and shall run with the land. S~cljoIl14. Relationship of tile Panies. The relationship or(h~ pi:lrLil.:s tu thi~ Agrt:ement is contractual and TOP is an independent contractor and not an agent of the City. Nothing herein shaJI be deemed (0 create a joint venture or principal..agcnt 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. Section 15. Sovereign lmmunity Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida St(ft7lte.\', or any other limitation on the City's potential liability under :state and kderallaw. -7- Sent By:,3ROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Uay.8-02 11 :31AM; Page 9/12 F I Ui NU4 2O().U.44()30 M BCD< 04:147 PA8€ 1677 Section. 16. City's Police Power. TOP 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. Section 17. Internretation. The parties herehy 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 Ii dispute between the parties. Section 18_ Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve TOP or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Section 19. Third Party Ri~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. Section 20. SoecificPerformance. Strict compliance shall be required with each and every provision of Ihis Agreement. The parties agree that failure to perform the obligations provided by this Agre~ment shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity_ .'. Section 21. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and CO$ts through all appeals to the extent pennilted hy law. Section 22. Future Rezonings/Development rennits. Nothing herein shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests -8- serlt ~y: ~HUWI~J~Q~UJ~ALLMAN~~Cl~~,t~.A.; aUI u~~ ~~~D; M<iy-tJ-U;; 11 :;jlAM; P<lge 10/12 FILE NlJM eooBM<\030 ~ 1(0)( O~M7 PAeE 1678 sunsequelll lO the ellective dale or t his Agreement. In addition, nothing herein shall bt: WTlstrUl;:U as granting or creating a vested property right or interest in TOP or on the Property. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signcd, sealed and delivered in thc presence oj' TUSKA WILLA OFFICE PARK, L.L.C a Florida Corporation -~~ By: (Print Nom. ot'Witneu) By: NOTARIAL ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged hefore me this Z <1 day of FiJv.1J., 11.2002, by SANRDA BIERL Y, as Attorney in Fact for William Barrett, as the President b~WILLA OFFICE PARK.., 1...L. C '" a Florida corporation, Ll who is personally known to me, or L':fwho has produced FL 'Vt; ~ WJ Lu".., as identification. IH 'O-7CfY-')1.-H1-0 S~ SANDRtOGE c~. CCSn.1C19 f)(PlReS OCT 08. 2003 eONOm~ 1<l1V1>Mf~ MCfAr( (SEAL) -9- Sent By: BROWN,WARO,SALD.IAN&WEISS,P.A.; 407 425 9596; May.8.02 11 :32AM; Page 11/12 FlU NUM eo<wl344()JO Oft ~ 04347 PASE 1679 EXHmlT "A" The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agr~ement is legally des<.:ribeu on Exhibit" A" attached hereto and made a part hereof by reference. Legal description: TTIA T PORTION OF I.OTS 53,54,55,5&,59,62,63 AND TriOSE UNIMPROVED RIOl.IT-OF-WA YS LYiNG BETWEEN LOTS 55 ANJ>5X, I .<rl's.W ANI>62 AND THE NORTH 1/10FTHAT:W' VACATEORIGHTOFWA YL YING SOUTHERLY OF LOTS 55, 5&,59, fi2 ANDtl3, n.R. MITCHELL'S SURVEY OFTHE LEVY Ul0\NT, ACCORnlNG 1 (J THE PUI. T THEREOF AS RECORDED IN PLAT BOOK 1, PAvE 5 Of' "Hi.!:: !'Ul:H.IC /{ECOIU>~ OF SEMINOLE COUNTY, FI.ORJl)A; flf.TNG MORE PARTICUr .AItI.Y I>ESCIUlIJ(J) AS FOI...WWS: COMMJ:NCLAl TI u, SUUTIIWl!STCOI(NJ';J{OFTIII; AHmEMENTlONEn I.OT 63; lllliNCE RUN SOUfH 87002 '40" EAST, AI.ON<1 nm SOnTI! J,INE OF LI..1T 63, A DISTANCE Of 62.14 FiET TO THE PUINT UF IjEUlNNIl'iO; TIII,NCE DEP ARTING SAID SOUTIlLINE RUN SOt..ml 02057'20"WEST, A DJST ANCE OF) 5.00 FEETTOTHE CENTERLINE OF A 30' IJNIMPROVEORIGHTOFWA Y VACATED IN OFFICIAL RECORDS BOOK 4) 12, PAGE 0597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORlDA; THENCE RUN SOl.JTII 87002'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE WESTERL Y I<KlllT-OI'-WA Y OF TU$KAWILLA ROAD AS DESCRIBED IN omclAL RECORDS BOOK 3603, f'AOE t 095 OF THE rUBUC RECORDS OF SEMINOLE COUNTY, FWR.J.I)A; SAID POINT LYING ON A CURVE CONCAVE NOHTllWESTERI.Y IIA VlNG TI n.: mr.LOWTNG ELEMENTS: A RADIUS OF 5677.58 FEET, A CENTRAL ANOI.!'. OF 03042'36", A CHORD LENGlli OF 367.57 FEF.T AND A CHORD RF,ARIN(r OF NOlnll 12013 '06" EAST; THENCE F1WM A TANOI;.NTUl~AK)NO()FN<'>RTH 14004 '24"EASI, RtlNNORTHEASIERL Y ALONG SAID RIGHT OF WA Y ANI) TIlE ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO TIlE POINT OF lUivEJ{SE ClJ~VATlIIU;; m A CtTRyt; CONCA VESOUTHEASTERL Y HA VlNU Hilil'ULLUWINU hl.l-:MENTS: A RAJ)IUS or: 57& I ,58 FEET. A CfNffiALANOLE OF 01 0 12'46", A CHORD I.ENOlll OJ.. 122.3& )'I..:LT ANVACIIOKD UEAR!NO OF NORTH 10058'1 I "EAST: THENCE RUN NORTHEASTERLY ALONG THEMe OF SAID CURVE A DISTANCE OF 122.3R FEET; fllI':NCIi.l)J!.I'AI{TlNGSAID CIJl{VEAND RICHIT OJ." WA Y I.INEIUJNSO\JHI20020'33''wl:-:sr.^ I)ISrANCJ:: OF 64.52 FEET; 11!ENCE RUN SOUTI I 45038 '29"WEST,A DlSTANCEOF 59.63 FEET; 11!ENCE RUN SOUTH 71 030 '38 " WI-:''iT, A mSTAt-/Cl:.OF 41l.60FEET; THENCE RUN NORTIl75028'56" WEST, A l)1STANCE Or 27.98 FEET; THENCE RUN NORTH 54016'32" WEST, A mST ANCE OF 44.3 I FEr::!; THENCE RUN SO\JTH 44013' ) 2" WEST, A Olsr ANCJ;; OF 18. ~2 FEET; THENCE RUN SOUTH 5101 R'33" WF~"T, A OISTANCEOF 345.75 FEET; THENCE RUN SOtJTH 86031 '22" WEST, A DISTANCE OF 82.36 FEET; THENCE RIJNNORTH 62037' 17" WhST, ADISTANCf. OI'63.47I'EET; THENCT:.IWNSOlITl176"27' 47" WI.';ST, A lJ1STANCE OF62.3111'EET; TllENCE RllNNORIH 84U34' 12''\VESLADISTANCE OF 83.22 FEET; THENCE RUN sourn 76044 '49" WEST A DlSTANCE OF45.06 FEET; THENCE RUN NORTH &)01ll'2K" WEST, A IJISTANCI.: OF 49.25 FEET: THENCE RUN SOU"flI 850UI '56"WEST, ^ OlSTANCE OF 411.02 FEET, THF.NCF. RITN SOUTH 52042 '01 "wr!Sl',A DISTANCEOfo7.3J rr::.GT, THENCE RUN sounr 80" 17'21 "WEST. A DISTANCE OF 52.69FEET; THENCE RUN SOUTH 03027'55" WEST, A DISTANCE OF 23.12 IT.ET; THENCE RUN SOIJl'l1 0\)"34 '23" WI~ST, A DISTANCE OF 1)5.27 I.VEl; TUENCE lWN NOUTlI ~2016'34" WEST, A DISTANCE OF 77.56 FEET; THENCE RUN SOUTH 84055'50" WEST, ^ DISTANCE OF 75.60 FEET TO THE POINT OF BEGINNINO. CONTAlNING: J 99,036 SQUARE FEET (4.569 ACRES) +/- K ;rr~WiJ I!LF...A1. f)f.~CRIPnON.f)OC H.lOV ~IGIOI Jt:l\I -1- Sent By: B~OWN,WARD,SALn.\AN&WEISS,P.A.; 407 425 9596; May.8-02 11 :32AM; Page 12/12 FILE HUM ~~O.)O OR lOOt< O~3~7 PABE 16&0 EXIIIDIT UD" JV;-2e-2<"il' ,7:7/ C"'; &f:\iElllPI'F..,T -1:7 ~.:: :,.2:\ P . 0Il-'Oll clleon IIVPAOf CaUlrT NET ntll! Oft LAM:IlllHllUD HMl i IRE IIA TlO con " AUJI( CAIN Y..pqn l1ou, ~Nn~ :loS-aQfIIII.,1l' 1-1 . 10.00 , ZOO.OO . 110.00 Il~ IWl'J*' :l~~ o....t' 2.' J 110.00 . moo , 110,00 PJ'OlllY~ P..C1111. 10 e-l, 4' .., . 12:5.00 , JOO.Oll . ,'Uo \l<lu..Ptr!l;IID Pelm 30 goL, , Sol . l00,J)Q S 300.00 . HI.DO !vlopnn ,. 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WHEREAS, the General Design Standards for the State Road 434 Redevelopment and New Development Areas currently provide that dumpsters shall be screened from public view (Sec. 20- 473(c) and Sec. 20-489(c), Winter Springs Code); and WHEREAS, the City Commission desires to supplement the State Road 434 Development Standards and also adopt City-wide minimum guidelines for the screening of dumpsters located within the City of Winter Springs; and WHEREAS, the City Commission finds that the screening of dumpsters from public view enhances the aesthetic beauty and attractiveness of the community; and . WHEREAS, the City Commission also finds that screening dumpsters will assist III controlling litter and wind-blown debris which are generated by overflowing dumpsters; and WHEREAS, the City Commission hereby finds that requiring the screening of dumpsters is a proper exercise of the police power and has a reasonable relation to the health, welfare, and safety of the community. See Section 24.248, Mcquillin's on Municipal Corporations; and Page'l of 6 WHEREAS, the City Commission finds that dumpsters used by restaurants for discarding food products and other businesses that discard materials that decay, produce offensive odors or liquids, -and/or attract infectious diseases pose a substantial health risk to the community and attract rodents, if not frequently cleaned; and WHEREAS, the City Commission finds that this ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. New Code Section. The City of Winter Springs Code, Chapter 20, Article IV, Required Improvements is hereby amended to add the following new Division (underlined type indicates additions and strikeout type indicates deletions): DIVISION 6. DUMPSTERS. Sec. 9-280. Definitions. As used in this Division the word "Dumpster" shall mean any container which is used for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials or other kinds of waste, and which may be of the open or enclosed variety. and is typically hoisted onto or mechanically emptied into a specifically equipped truck for transporting said waste to a designated facility. Dumpsters are typically used for multi-family, commercial. and industrial land uses. Sec. 9-281. Minimum Screening Requirements. All Dumpsters shall be screened on all four (4) sides from public view and situated under the following minimum screening, design, and locational requirements: City of Winter Springs Ordinance No. 2002-13 Page 2 of 6 ill Both sides and the rear of the Dumpster shall be screened by an opaque wall made of concrete. brick. stone. or other similar durable material. provided the material used is compatible with the architectural design of the principal structure. The wall shall be at least six (6) feet in height or the height of the Dumpster. whichever is greater. The wall shall be designed to permit adequate and reasonable truck pick-up by the solid waste hauler. (b) The front of the Dumpster shall be screened by an opaque gate which shall remain closed at all times. except for trash disposal and pick-up. ill Dumpsters shall be placed in an area that is least visible from the public right- of-way and shall be situated so as to provide for adequate and reasonable truck pick-up by the solid waste hauler. @ Dumpsters shall be placed on a concrete pad or other impervious surface deemed suitable by the City. ~ Restaurants or other commercial businesses that discard significant amounts of food or other materials that decay. produce offensive odors or liquids. and/or attract infectious diseases shall be required to equip the dumpster site with a sewer drain and water. The sewer drain and water source shall be subiect to approval bv the City. These dumpster sites shall be cleaned with water and appropriate cleaning products frequently and as often as necessary to keep the dumpster in a sanitary condition. ill Landscaping around the Dumpster may be required if deemed necessary by the City in order to make the Dumpster compatible with the surrounding neighborhood and the site development. City of Winter Springs Ordinance No. 2002-13 Pageo3 of 6 {g} All new Dumpsters shall comply with the minimum requirements set forth herein upon the effective date of this Division. All Dumpsters existing on the effective date of this Division shall comply with the minimum requirements set forth herein by October 1, 2003. au Dumosters located within an enclosed building are exempt from this Section. Section 2. Winter Springs Code, Sections 20-473(c) and 20-489(c) Repealed. Sections 20-473(c) and 20-489(c) of the Winter Springs Code set forth below are hereby repealed as follows: (Strikeout means deletion.). A. Sec. 20-473 Building and screening design guidelines. (c) DUlilpstels and similar facilities shall be screened on all fOUI (4) sides from public view. Dotll sides and the real of such facilities shall be SCI eened by an opaque concrete wall, 01 siluilai matel ial. Dunlpstcl s shall be placed in an ai ea that is least visible fi om a public right-of- way:- Conforming Amendments: Subsections ( d), (e), and (t) of this Section shall be restated as subsections ( c), (d), and ( e) respectively. B. Sec. 20-489 Building and screening design guidelines. (c) DUltlpstels and similal faGilities shall be screened on all four (4) sides fronl pablic view. Doth sides alid the 1 c.ar of such facilities sltall be SCI eened by an opaque concrete wall, 01 similar matelial. Dumpsters shall be placed in all area that is least visible flOl11 a public liglit-of- way:- City of Winter Springs Ordinance No. 2002-13 Pagl!'4 of 6 Conforming Amendments: Subsections (d), (e), (t), (g), (h), (i), (j), (k), (I), and (m) of this Section shall be restated as subsections ( c), (d), ( e), (t), (g), (h), (i), (j), (k) and (I) respectively. Section 3. Repeal of Prior Conflicting Ordinances. All prior conflicting ordinances adopted by the City Commission, or parts of prior ordinances in conflict herewith, are hereby repealed in their entirety. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of Ma PAUL P. PARTYKA' Mayor City of Winter Springs Ordinance No. 2002-13 Paga 5 of 6 ATTEST: Approved as to legal form and sufficiency for the . y 0 Winter Springs only: ANTHONY .GARGANESE City Attorney First Reading: April 22. 2002 Second Reading: May 13, 2002 Effective Date: May] 1, 2002 City of Winter Springs Ordinance No. 2002-13 Page-6 of 6 Map Output .... OOOG .360 .... 0131. 0"", 073J '731 '7'" 073G a73( 13lJO 7>.. 1370 13.. 7... 13'0 T130 .... ..,. 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