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HomeMy WebLinkAbout2005 05 09 Public Hearing 401, Aesthetic Review of Tuscawilla Town Square COMMISSION AGENDA May 9, 2005 Meeting Consent Informational Public Hearing Regular 1.-/ MGR. IDEPT Authorizatio x ITEM 401 REQUEST: The Community Development Departmtlnt- Planning Division requests the City Commission hold a Public Hearing for the Aesthetic Review ofTuscawilla Town Square (which includes Tuscany Restaurant) located at 1301 Winter Springs Hlvd. at Northern Way and Gary IIillery Drive. PURPOSE: To encourage creative, effective, and flexible architectural slandards and cohesive community development consistent with the intent and purpose of Article XI - Minimum Community Appearance and Aesthetic Review Standards. APPLICABLE I,A W AND PUBLIC POLICY: Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs Section 9-601. Approval prerequisite for pennits. Section 9-605. Submittal requirements. City of Winter Springs Cude of Ordinances Section 16-78. Same- On-premises signs. CHRONOLOGY: Jan. 26. 2004- City Commission adopted Ordinance 2003-43, cstablishing minimum community appearance and aesthdic review. Nov. 22. 2004- Concept Plan Approved by the City Commiflflion Dec. 13.2004- Development Af,'Tccment approved by the City Commission Feb. 28. 200.5.- City Conunission approved the Tuscawilla Square Final Engineering plans. Aoril25.2005- City Commission postponed any action until May 9, 2005 CONSIDERA nONS: The submiltal requirements for aesthetic review are set forth in Section 9-605 and include the spaces; (c) illustrations of all walls, fences, and other accessory StructUH:S and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other @) Mlly9,2005 PUBJJC HEARING ITEM 401 Page 2 of 11 constructed elements other than habitable space, ifany; (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, propOltions, 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. Tuscawilia 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, 2004 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 in the Developer's Agreement and attached concept plan 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 cultured stone. The proposed building elevations have been revised to reflect the detailing included in the Concept elevation. The onlv noted differences are: . Windows, doors and transoms are plate glass with no mullions (dividers). . The buildings are at grade rather than elevated. The Applicant indicates that the raised floor elevation was too difficult to make handicap accessible, for a commercial use. The front of the building has a wide roof overhang with columns and some railings, to resemble a porch. . Cultured Stone flanks the base of the columns, but the foundation itself is stucco. -""~-l---' ----- May 9, 2005 PUBLIC HEARING ITEM 40] Page 3 ofll 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, Tuscany's Restaurant currently has a green asphalt roof, with stucco and wood siding and it is very much in contrast to the proposed development. 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 existing building will be phased Into the thematic styling of the rest of the development. (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 whieh 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 exlerior design and appearance: (A) Front or side elevations, (H) 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 improvement'!, 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 tor 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. - ------r----- -- May 9, 2005 PUBLIC HEARING ITEM 401 Page4ofl1 The project is extremely attractive. The applicant agreed in the Developer's Agreement to "construct aesthetic 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". (6) 'l'he proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, tennite-resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planling areas, display windows, and other distinctive design detailing and promoting the character of the community. The project has incorporated many site and architectural enhancements. These include specialized paving material in the parking lot, a fountain to terminate the entrance drive off of Winter Springs Blvd., decorative screening walls (to screen the parking area from Northern Way and to screen the dumpster, and to screen the condenser units on the rear ofthe buildings), roof line variations with cupolas, vertical windows with bahama shutters, building entrances off of Winter Springs Blvd., and Gary Hillery Dr. and enhanced landscaping. During Final Engineering approval, the Applicant agreed to buffer the kitchen operations at Tuscany's restaurant (see meeting minutes). This wall detail was not Included In the submittal, although it could generally follow the same design as the 4' wall, with beefed up engineering to accomodate a 6-foot height. The Applicant wishes to address this issue with the Commission. Signaae: The Development Agreement does not address signage. Section 16-78 allows for the following: . On-premise building signs are allowed 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 twelve projecting (hanging) tenant signs for Building One and eight projecting tenant signs for Building Two. The copy area is sized so that these projecting signs conform to Code. The projecting signs will be uniform is size and copy area. . On premise (monument) signs with a total copy area of 32 square feet for each side. 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. At this time, the Tuscany Restaurant sign is proposed to remain. The applicant Is proposing one double-sided entry sign with a copy area of 16 square feet for each side for the new development. FINDINGS: . The proposed building elevations have been revised to reflect similar detailing to the Concept elevation included in the Development Agreement. . The development will be an asset to thc community and particularly to the Tuscawilla area with thc addition of new commercial buildings that include the amenities and details being proposed. . The new buildings utilize colors and materials that fit in with the adjacent existing and proposed structures. . The proposed signage complies with Code (Section 16-78). ------r-- May 9, 2005 PUBLIC HEARING ITEM40! PageS of!! STAFF RECOMMENDATION: Staff Review found the Applicant's request for Aesthetic Review, in compliance and rcconunends Approval. ATTACHMENTS: A Minutes from City Commission meeting of February 28, 2005. B. Development Agreement with Approved Concept Elevation C. Site Plan (revised to reflect the new entrances at the rear of the buildings, Landscaping Plan with addition of plantings at retention area, Building Elevations with details of the Projecting Signage, Monument Signage, Dumpster Enclosure and Screen Wall details. COMMISSION ACTION: May 9, 2005 punuc HEARTNG ITEM 401 Pllgc60f II ATTACHMENT A Minutes from City Commission meeting of February 28, 2005 CITY OF WmTER SPRP.-l'GS, FLORIDA MINUTES CITY CO:\lMISSION REGULAR MEETlKG FEBRUARY 28, 2005 REGULAR AGENDA REGCL\R 500. Community DE"Ye-lopmE'ot DE'partmtut - Planning Diyjsion Re-qu("sts Tht City Commission ApprovE" The Final Engineering/Site Plan For The 1.4112 Acn Tuscanilla Town Square- (\Vhich Includes Tuscany Restaurant) Located At 1301 'Vinter Springs BouleYard At :"orthel'll '''a)' And Gal'Y Hillery Driye. Ms Sahlstrom spoke on this Ageuda Item and uoted, 'TIll!'. IS to approve two (2) additional buildings - actually it says three (3)." Wlth dlSCUSSlOIl, M':.>. Sahlstrollllloted that regardmg the fom foot (4') decorative wa11- "That wall does obscure the parking area - it does not gt) around the entire lot" All'. Gw)' Hille!}', 1220 Winter ~pri/lgs Boulevard, Winter Springs, Florida: noted Ill') comments regarding the fonf foot (4') walL Deputy Mayor Blake said., 'COn Gat}' H1llery Dnv€', putting ill parking all along both edges or one edgeT Manager McLemore s.fud, "I thought it was both sides. ,- Xext, Deputy Mayor Blake then said to Mr. Lockeuff "We have two things we have to talk about on that - first off i-. whether or not it is legal to park there. I know the TO\Vll Center we have - and some language in the Code whereby 1t actually supersedes our other Code If it is not silent" but over here, I think 12-65. would prohibIt parklllg on the roadway ~ 011 the right-of-way in that area 50 we would have to do ':.>ometh1llg about that. just as a housekeevIDg 1S5ue gOl1lg forward. ,. Df'pury Mayor Blake then said. "My cOllcem over and above that however is \'\that contriblltlOll the C1ty \I,'ould b", makIng to provide parking for a private business venture?" D€'puty Mayor Blake fmiher asked, "TIm: hundred and f1fty thousand dollars ($150.000.00) includes padung? Or IS it Just ih€' IWldway improvements. and parking is beulg p1cked up by the Developer"-- ,-- May 9,2005 PUBLIC HEARING HEM 401 Page? of II CITY OF \1,'NI'ER SPRINGS_ FLORIDA MINUTES (rr\' COMMISSIOI'i REGULII,R 1>.fEETING-FEBRUARY18. 2005 PAGE nOf27 Manager McLemore responded. "1 believe that that is for the full construction of the road.'- Deputy Mayor Blake then a~ked, "Includmg the parking?" Manager McLemore said, "Induding the parking right - including a portion ofth€' road,vay s.urface.'-- Deputy Mayor Blab> 'i-31d, --CHow much extra is it with the parking on it, as oppo"ed to not placing the pal'kmg 011 it - do you have a cost differential')" Manager McLemore noted, "I am sure we could get to it." Mr. Alec Stl1ng, 215 Rolling Wood Trail, Altlllllonte Springs, Florida: ;ukh"essed the City Conll11i5sio11 and stated. "We will be getting three (3) finn bids 011 the roadway and it will be broken down lllto sectiom, IlH'lnding the- parkmg, lhe outfall - and it'o:; probably gomg to be }lushmg 150 to do the whole thmg" Me Stl'lllg added, CCIt will pott>lltially bt" tllon~ Iha1l150 to do the road, the parkmg, the retention and the outfall" Regardmg the wall" Mr Smug remarked, "There were two thmgs that Ihe commumty asked for - one was to mo"e the dumpster to the- 7-11 1\'111ch we did - moved it away from the reSidential house, from the residential area and a1<;0 build a fom toot (4') WAll to shteld the lights, \Ve did that. That 15 the extent of the \vall. Don't forget we Ere gOlllg fO be domg all all bnck - there I~ no a'>phalt on tlm property" all the dnvmg snrfaces is bnck - the roofs are made out ofllle-taL We're domg a lot of olher tlungs that are gomg to e1e\-att:' the look ufdu',:, rather than wallmg lllll. So, we can't do everytlllng but I think the wall \\'a::. a re,lsonable fix to Mr [Gary] Hillery'::. COlH'E'l1L" Mayor Bmh ,>ald to Mr Stnng; 'YOll are "<lying the wall that YOll proposed actually Sllle1d., the lights from Mr [Gary] Hillery's home"'" Me Stnng s.tated, "Absolutely, and tlUlt was done based on a COllcem that Mr. [Gary] Hll1ery brought up In front of the COtllnm<;lOtl" Deputy Mayor Blake s31d, "1 don't think that was here." MI'. Stnng sald. "Ok:1y He cE'rtamly brougbt 1t np to me thai there was 1'\..-0 (2) concems and that's tbe only two (2) concerno:; rve heard ti'om the residents of Tu<;c.rwilla_ One was the dumpsteL and two (2) was the- four foot (4') wall And they're both on the plan_" DisCUS'.>10lL Comnmsl0ner Krebs referenced ATtaclunenr'B' - there was a COllversatton that we had had regardmg plantrng or Improvements along the retention l)ond, again on the 7-11, and dyou look III the next paragraph, 'Mr. String stated, Absoh.ltely. And you ,viti see that on - Landscaping Plans and the Final Engineering .' Ms. SahlstrOIll expla11led, "The City would be prepflnng tho"e documents_" Mr Lockcuff added, "We hoped to brl11g it hack to the TLBD [Tu,>cawil1a L1ghtlllg and Beautification District] '5111Ce 1t IS contlgu01.ls to their improvements. D1SCU..si0l1_ Ms. Sahlstrom ,;,aid, "'If you in fact do want the wall to extend around_ it \'iill have a sigllificant impact on the eXisting trees that rUlTently Mr Shing IS mtemhl1g to save_" ------r------ May 9, 2005 PUBLIC HEARING ITEM 401 Page 80f11 CITY Of Wl.'lTER SI'R1NGS, flORIDA lvnNUTES CITY COMMISSION REGUlA.R ~IEEI1.\'U - FEBRUARY 18, 100:5 PAGE 140F17 C'OITUIl1<;<;tnner McGimns "aut "I am quite comfortable ,"'"tth the \"a11 that is only 1Il place where it would nnpact the- resldl"llts_ "I '\lOVE THAT THE WALL O:\'L Y BE AS PRESENTED TO US TONIGHT, LN THOSE AREAS WHERE IT WOULD ONLY IMPACT THE NEIGHBORS AND :\'OT BE AN E:\'TIRELY WALLED PROJECT," MOTION BY CO~IMISSIONER McGI:\'NIS, DEPl:TY ,\lAYOR BLAKE SAID, "SO THERE WOULD BE NINETY FEET (90') OF WALL TOTAL - NINETY FEET (90') OF ForR FEET (4') HIGH WALL; IT worLD BE LOCATED AS IT IS SHOWN ON THE PLAN ALO:\'G THE WESTERLY BOl'NDARY IN FRONT OF THOSE NI:\'E (9) PARKING SPACES, ONLY - XO\VEHERE ELSE." co),n\USSIO:'liER )'1cGI~NIS ADDED, "O:-lLY AS PRESENTED TO rs ON OrR PLA:\'S," THEN, DEPl'TY MAYOR BLAKE SAID, "IT WOl'LD HAVE THAT "HNETY FEET (90') OF WALL RIGHT THERE, THAT I AM SHOWING WHICH IS ON THE WESTERN EDGE, IN FRONT OF THE PARKING SPACES THAT FACE ~ORTHER.:"", '"\'AY O:\"LY. THERE WOliLD BE NO WALI~ CO~STRUCTED ANY PLACE ELSE O:\' THE PROPERTY EXCEPT FOR Sl'RROVNDING THE DDIPSTER AS REQrIRED BY CODE. THERE WOULD BE NO OTHER WALL OF ANY HEIGHT," SECONDED BY DEPUTY NL"YOR BLAKE. DISCeSSIOl', Ta~~/Sidi'B FURTHER DISCT'SSION. DEPUTY "fAYOR BLAKE SAID TO :MR. STRING, "IS THERE ANY POSSIBILITY OF IIAVIl'G SOME KIND OF A WALL EXTEl'DED DOWl' THIS WAY TO KEEP SONIE OF THOSE BACK-DOOR KITCHEN ACTIVITIES A LITTLE CLOSER TO THE OPER.<\TION?" MR STRING SAID, "WE COULD POSSIBLY PUT A MASONRY WALL THERE, LNSTEAD OF A FE::\'CED'VALL." DEPUTY MAYOR BLAKE THEN ADDED, '"IF THERE IS SOME 'YAY TO TRY AND BUFFER THE OPERATIONS - OF THE KITCHE~ WHICH \VE ALL WILL PROBABLY AGREE IS NOT THE PRIMEST OF REAL ESTATE, THEN I THINK THAT '''OULD PROBABLY REDUCE SOl\IE OF THE DJPACT FOR HIl\I." ::\IR. STRING, "'I ''''OULD AGREE TO THAT IF YOU H....\VE A SUGGESTION 0:'>' HOW WE COULD DO THA T," ,-- Muy 9, 2005 PUBLIC HEARING HEM 401 pageY of 11 em' OF 'J.1NTER SPRNGS, FLORIDA 1-1rWTES em. CO\P.fI.'iSION REGUL;Rl>.IEEm1G -FEBRUARY 28, 2005 PAGE 15 Of 27 "I "'O'LLD LIKE TO MAKE A:"O A.\IE::\'D:\iENT TO THE MOTION TO INCLUDE ADDITIONAL BCFFERI:'\G ON THE 'VEST SIDE OF THE n'SCAXY'S RESTAURAXT OPERATIOX AS WAS DISCUSSED." DEPUTY ~IAYOR BLAKE ADDED, "AN ATTDIPT TO DO SO~IETHIXG TO PROVIDE "lORE OF A BUFFER FROM THE OPERATIOXS FOR THE ADJOIXING RESIDE~CES THAN CrRRENTLY EXIST." Ai\1El\"Dl\IENT TO THE MOTION BY DEPUTY l\IAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (OX THE A~IEXD)IENT) DEPUTY ~IAYOR BLAKE: AYE CO~IMISSIONER GILMORE: AYE CmnnSSIONER KREBS: AYE COl\BIISSIONER )'lcGIN:'o\IS: AYE ~IOTIOX CARRIED. VOTE: (ON THE MAIN ~IOTION, AS A~IENDED) C01UMISSIONER GILMORE: AYE CO:\I:\HSSIONER l\IcGINNIS: AYE DEPUTY ~IAYOR BLAKE: AYE COMI\HSSIONER l\.~EBS: AYE ~IOTION CARRIED. r May 9, 2005 PUTIUC HEARING ITEM401 Page 10 of11 ATTACHMENT B Development Agreement with Approved Concept Elevation ~ -.._.I-~- THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown Garganese, Weiss & D' Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32ROl (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, Horida 32708, and BRYCE FOSTER CORPORA nON" a Florida Corporation ("Developer"), whose address is 215 Rollingwood Trail, Altamonte Springs, Florida 327] 4. WI TNE SSET 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 pennitted 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 Pl--,T>; 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, hut 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 pun; 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. Oblie: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 hercby agree as follows: (a) Approval of Concept Plan. Developer shall design, permit and construct a "residential friendly" commercial devdopment on the Property that creates a sense of place within the Tuscawilla POO. 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 PLn; 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 PUD. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Concept Plan. Developer acknowledges and agrees that offsite improvements may be necessary, at Developer's cost, to provide water and sewer service to the Property including, but not limited to, force main, lift station and pump upgrades. Further, all water and sewer improvements required on.site to service the Property shall be at Developer's expense. (c) Gary HiIlarv Drive. In order to facilitate the safe, efficient and orderly flow of traffic to and from the Project and to create a sense of place, the City desires that Gary Hillary Drive be redesigned and reconstructed in accordance with the streetscape plan which is attached hereto and fully incorporated herein as Exhibit "e. " ("Strcetscape 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 reconstnlct 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 constmction costs shall include the costs and expenses for clearing, gmbbing 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 he Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -3- properly and reasonahly documented in writing_ The City shall not \lnre<l~on<lhly 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 thiliy (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 comer of G.uy Hillary Drive and Winter Springs Boulevard to accommodate stonnwater 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 th1s 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 pennitted 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 Sprin2's Boulevard In2ress and Eeress. The Developer acknowledges and agrees that during the site plan and final engineering phase of the Project, the City may require that the ingress and egress to the Property from Winter Springs Boulevard to be one way in or out. The minimum driveway width for ingress and egress shall be twenty-two (22) feet. (g) Property; Buildiue Setbacks, The following Building Setbacks shall apply to thc (I) Front (Winter Springs Boulevard) - 10 Fect (2) Rcar (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 Rcnlacement. 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. Tn 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. (j) length. On-Site Parkine. On-site parking shall be a IDmlITItun 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 perfomlance of this Agreement. This Ae:n~ement 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 tenns and conditions of this Agreement. 5, Successors and AssieDs. 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 tenns 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 111 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 Al!reement. 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. Severabilitv. Tf any provision of this Agreement shall beheld to be invalid or unenforceahle 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. ]2 Relationshio 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 shaH 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. Sovereie:n Immunitv. 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 Citys 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 Fosler Corporation. - 6- 16. Tbird~Partv Rh!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. Soecific 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 Of 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 pennit 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, tem1 or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term ('Ir 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 Devcloper is in breach of any tern1 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 thc 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 telminate 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 PAGEl Developer's Agreement City of Winter Springs and Btyce Foster Corporation. -7 - IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date firfit ahove written. CITY OF WINTER SPRINGS ATT ST: enzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of thc 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 BIYce Foster Corporation. -8- Signed, sealed and delivered in the presence of the following witnesses: BRYCE FOSTER CORPORATION, a Florida Corporation ---, Printed Name ofWitncs, By: <, c String Its President 7Yf'f)onl'il ,-- Sir:natureofWimess P . {Yl,1,>c]. ~Ndih Printed Name of Wi mess STATEOFFLO~ COUNTY OF The foregoing instrument was acknowledged before me this ~L- day of ~---bif ,2004, by Alec String, as President .[BRYCE FOSTER CORPORATION, a Florida Corporation, on behalf of said corporation. He is~sonally knowi1)to me or produced as identification. - ~- (NOTARY SEAL) L~ oUlryPublicSignalur.!L, Le>L1' c.. ' tr (lNc.h (PriJltName) Notary Public, State of Commission No.: My Commission Expires 900~9ZA'nr .....100 '> 0 IlON'MI?;ns3l----~~... "W3S"'YW.LON~o___ - Developer's Agreement City of Winter Springs and Bryce Fosler Corporation. -9- LEGAL DESCRIPTION FOR TUSCAWILLA SQUARE (North East Corner of Winter Springs Bivd & Northern Way) as prepared by "Southeastern Surveying & Mapping Corp." LEGAL DESCRIPTION: From the centerline of intersection of Winter Springs Boulevard and Northern Way, as shown in Plat of WINTER SPRINGS UNIT FOUR as recorded in Plat Book 18. Pages 6, 7 and 8, Public Records of Seminole County, Florida; run North 86 degrees 23 minutes 05 seconds East along the centerline of Winter Springs Boulevard 282.85 feet; thence North 03 degrees 36 minutes 55 seconds West 60.00 feet to the POINT OF BEGINNING on the North right-of-way line of Winter Springs Boulevard (120 foot RfW); thence run South 86 degrees 23 minutes 05 seconds West along said North right-of-way line 217.85 feet to the point of curvature of a curve concave Northeasterly, and having a radius of 25.00 feet; thence n.m Northwesterly along the arc of said curve 39.27 feet through a central angle at 90 degrees 00 minutes 00 seconds to the point of tangency on the East right-of-way line of Northern Way (80 foot RJW); thence run North 03 degrees 36 minutes 55 seconds West, along said East right-at-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-at-way llne 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" Tus~aw~Ua Situ are .,'::'. ill.,,""" ","".., .1, ','.. I t, I..,.",,', Concept Plan Summary Location: 1301 Winter Springs Blvd Winter Springs, FI. 32708 Land SU.e: 1.4112 Acres Current Use: Tuscany's Restaurant Proposed Use: ExpanSion ofTuscany's Restaurant and additional retail space Design l1'eatllres: Key Westin spited Design ina residential scale, FrontPorches, Metal Roofs, Brick drives, Fountain, Gardens, Benches, and Bike Racks, Improvements to Gary IDDary Drive: Add sidew!tlkS, address stonnwater Drainage, Ughtipg, Landscaping and Remediation of groundwater contamination Architect: Starmer Ranaldi Land.pe Arebiteet: Dobson's Owner: Bryce Foster Corporation EXHIBIT I (, 13 l\ (\.1 'n :.^:.l CY l..n .1: CO V V~ )^," 0#0"'1"] ,~~..:..:.< . o a ~ ,"' o , ~~ ~ :".' c, ;.~ fQ , >. 'w (!) to CL -, .-~, ~o ".' 00 , v Gli ~: ;;;; * , , y t .~ f. , , \ I:; I "'iIl ~o: ..~ 00 !gC/) .... ~~ rr~ ~~~ " " ,.,CO 0: ~ ~ i! ; .-..- .' ~~- ----- --"',, I---:r: , .. . ... 'I ~ i ill I "00 -j (,) I , i ! IL~~ I " . , i 'Iii, . . "-<. -',' '--.,', '" , ", / l'~ V -" / ___ _~ r'\ - ____~ --- \ , , , ~--l\ l: \ .:.. \ , ------ \ \ \ \ \ , \ I , \ I \ / / / , , \ \ I \ \ I \ , \ , \ , , \ \ , \ , \ \ , c Q ., . l' , ~" -- ":r--'- -.0;.;; ._\ . , .' , _,-_l-:~-;::-~:::-::-:-:- \ ','; - ~.;.;-- ----- , ~-- ,~~j-' I \ , 'J ) . (" '-....._'- ':,>"",,\ ,;\ / i , ,0 ',ct. <. .; IlL.! -' :::). '0' im" I , \n " '2 liE" 1(1.' Ice' ;;' , , /"'- " , >" ~ ~-- -. \ .I \ \ Il,~ '.. I, Iii '.j J't! .,' i! "lr...."W:xI' " i " " : - {JeT I ,~.. . - )++ ~<:.;_..; ""'._..:'..._>;\ .__.......__--.. '.. /..--_-::-_--.., /::--=__,._----,2:] /'s, _..._<~h ........::::::::::::>"- -~------l c ,0: .~ '.r-- :z ~_::3 :1 ,----u .' \ ' , I' -', I "j ,:.J ^ \lM-i--1'1:l3f-IL801~ . .~ ,', ..-.-------.-- ._~- -~, EXHIBIT "C" Nl<:IGHBORHOOD FRIENDLY PERMITTED COMMERCIAL USES The following No:ighborhood Friendly commercial uses shall be permitted on the Property: A. PecmittedUses: Administrative puhlic buildings Adveliising agencies Alcuholic beverage sales (wine & beer and specialty package) Alcoholic beverage, un-premises consumption, in conjunction with restaurant Alterations and tailoring, shops and service> Antique and gift shops Appliances, sales and service Artists' studios Automotive accessories sales Bahry,relail Bicycles, sales and servil.:o:s Bookstores, stationary, newsstands Butcher shop, retail only Camera shops, photographic stores and developers Cleaners, clothing Coin dealers; Comput<:rs, hardware and software sales and services Confectionary and ico: cream store Dance and music Mudio Day nurseries, kindergartens, and day carc Drug and sundry stores Employment agencies Excrciso: such as gym, spa and karate Financial institutions, banks, savings and loans (no drive-through) Flooring, retail only (carpet, lile, wood, ctc.) Florist Fumiture, retail Grocers and delicatessens, specialty and retail Hairstylist and harhcr shops Hardwaro:stores Health food products and services Hobby and craft shops Home Improvement shops, retail and consultation scrvicl,;s ----,--~-~--- Insurance agency Interior Decoratillg uml draperit:s Jewclrystore Kitchen and other cabinet stores, retail Libraries Loan companies, excluding pawn~hops and title loan companies Locksmith Luggage and travel shop Medicalclinicsandancillarysmalllahoratories Musical instruments and recordings, sales and services Nursery products and supplies, plants, and trees (retail only) Ouldoor advertising and signs, sales office Outdoor neighhorhood markets on weekends and holidays Optical services and sales Party supplies and services Painlstore Pet .~hops and grooming Photography studios Physiealfilnl:ss and hl:alth clubs J'ostomcc Printers, quick print ser....ices only Professional services offices, such as acr.:ounlan(s, archiler.:ts, altorneys, bookkeepers, dr.:lllisls, doctors, engineers, insurance and other agents, and surveyors. Radio, TV, Stereo, and Video Rental shops Restaurants, including indoor allll uutdour dining Retail sales ofa residential character Schools, public, privFlte and parochial, vocational (such ilS cosmetology, medical and dental assistant training) requiring no mechanical equipmellt Shocrepairshops Sporting goods, retail Swimming pool sales and services Telephone Business offices and exchanges Tobacco shops Toystorl:s Travel agencies Wearing apparel stores B. Other Uses: Upon fonnal written petition by the Developcr, tht: Developer may petition the City Commission for additional pennitted uses. The City Commission may consider the Developer's petition, on a case-by-case basis, and approve, at its discretion, additional neighborhood commercial Ilses that are keeping with the residential character of the Tuskawilla PUD, The Cily Commission shall have the right to impose reasonable conditions on any approvals granted under this Agreement. May 9, 2005 PUTIUC HEARING ITEM 401 Page II ofl\ ATTACHMENT C Site Plan & Building Elevations with Signage Monument Sign, Dumpster Enclosure and Screen Wall