HomeMy WebLinkAbout2002 10 28 Other - Document was Handed out during the Add-On
Date: 102802
The following Document was handed out on
10/28/02 and referenced during the "Add-On"
Wendy's discussion.
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Ronald W, McLemore
City Manager
TO:
FROM:
DATE:
SUBJ:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
Mayor and Commission
Ronald W. McLemore, City Manager ~
October 28, 2002
Doran Project - Wendy's Site Plan
It is our understanding that this matter might be raised tonight.
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I believe Mr. Doran may be under the assumption that this matter -is on the agenda
tonight. - --... -..
Although we planned it for tonight, I did not receive comment from Mr. Doran in time to
include it on tonight's agenda.
However, if you choose to discuss this matter, attached are the required references.
/jp
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Page 2
FIRST MODIFICATION OF AGREEMENT
A First Modlfic:nion of Agreement made and entered into as of this _ day of July,
200 I, by and between JDe CALHOUN. INC., a Georgia corporation, (hereinafter referred to as
"JDC"), and the CITY OF WiNTER SPRINGS, a municipal corporation existing under the laws of
Ihe Slate ofFlurida (hereinafter referred to as the "City").
RECITALS
WHEREAS, JDC and the City previotlsly entered into that certain Agreement dated as of
August 1, 2000; and
WHEREAS, J DC and the City desire to modi fy the terms and provisions of such Agreement.
NOW THEREFORE, in consid~ration of the terms and conditions set forth in this Fist
Moditication of Agreemenl, and other good and valuable consideration. the receipt of which is
hereby acknowledged by the parties, the City and JDe agree to the following:
~~
1. The provisions of subparagraph HI. (e) and other provisions ot'thc Agreement
penaining to the two.stoT)' 30,240 square foot building which is contemplated to be constmcted on
the comer of Slal~ Road 434 and Main Street are hereby modified to memorialize the recent
agreement of the parties that JOe shall have a period of up to eighteen (l~) months after JOe's
c losing on thcJD_C .Erope.rt.y. wilhin,w:hi(:hJo, commence construct~on of such building on the corner
of State Road 434 and Main Stre~t. TIle City acknowledges and confirms that the pennits,
certificates of occupancy and other pennits for development of other portions of the JDe Property
wi II not be withheld or delayed during the period prior to JOe's commencement of stich construction
on the com~r orStat~ Road 434 and Main Street.
2. The provisions of the Agreement are hereby moditied to mcmorialize the
recent understanding and agreement of the parties that the City has no obj~tion conceptually to the
construction of a fast food restaurant Io<:ated internal to the site in the, vicinity or the rOWldabout.
'JDC'~k;~~l~dges thallhe precise configuration a;d other details relating to the proposed fast food
restaurant must be reflected in a site plan anu other submittals required under the City Code with
respect to which final City approval(s) must be obtained prior lO commencement or construction.
3. The provisions of this Agreemt:Ilt an.~ hereby further lllodifie<t to memonali"e
the recent agreement of the parties that the roundabout depicted on the Conceptual Site Plan will
contain a water fountain or similar water feature.
4, The provisions of the Agreement are hereby further modified and anlended
to memorialize the agreement of the parties that as of IDC's closing of the purchase of the JDC
Property, the City shall be fully obligated to construct, at ils l:U~1 ~nd ex.pellse, the Ma~1l Strc:et
Pa~e I or 4
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10/25/2002 15:54 FAX 18438496765
JAMES DORAN COMPANY
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DOVER, KOHL &: PARTNERS
town planning
Memorandum
To: Charles Carrington
City of Winter Springs
From: James Dougherty
Date: April 6, 200 I
Subject: Design requirements for a fast food restaurant
in the Winter Springs Town Center
Charles, this is an outline of some of the main criteria that should be required of a
fast food restaurant sited in the Winter Springs Town Center:
1. The building containing the fast food restaurant should be built close to the sidewalk
as outlined in the Town Center District Code.
2. The building containing the fast food restaurant should be between two and four
stories in height. Other uses may be located on floors above the fast food restaurant to
achieve the desired height.
3. The street facade of the Wendy's should contain the front door and be designed with
shopfront windows with a high degree of transparency as outlined in the Town Center
District Code. On a comer site, side facades fronting streets should also be designed
with shopfront windows.
4. Shade should be provided for pedestrians on the sidewalk in the form of awnings, .
marquees, arcades, colonnades, or second floor balconies.
5. Service areas should be located to the rear of the building out of sight from the street.
Drive-throughs should also be located behind the building and should be accessed via
the alley system to prevent disruption of pedestrian movement.
6. Building facades should meet the Architectural Guidelines contained in the Town
Center District Code including the provision of cornices, expression lines and vertically
oriented window openings.
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DOVER, KOHL & PARTNERS
town planning
Memorandum
To: Charles Carrington
City of Winter Springs
From: James Dougherty
Date: 18 June, 2002
Subject: Sketch for Wendy's area of Doran development
Charles,
The attached plan sketch shows suggestions for the Wendy's area of the Doran
development.
(The block perimeter, to be fronted by buildings, is marked with a heavy line.)
-James
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A. Size of gaps in block perimeter is
reduced by adding onto buildings.
B. On-street parking is added here.
C. Wendy's dumpster enclosure is
moved to here.
D. Wendy's drive-through is
configured here in an alley location
(as required by code).
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JAMES DORAN COMPANY
JAMES DORAN CO ATLANTA 4 JDC-CHS
407629El6411/ I' . . (\ ,I RESTAURANT SERVICES
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Jan Palladino
From:
Sent:
To:
Cc:
Subject:
Victor Dover [vdover@doverkohl.com]
Wednesday, September 18, 2002 8:29 PM
'Terry M, Zaudtke PE (E-mail)'
Kristen Thomas; Ron McLemore
RE: Wendy's- Winter Springs Town Center
Importance:
High
Irw
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IS.June-2002 memo to
Charles r,..
06-April'2001 memo to
Charles.., To: Terry Zaudtke, CPH
From: Victor Dover
RE: Wendy's in the Winter Springs Town Center
Terry:
Just received your fax. See the two attached pdfs: the first one (June 18,
2002) depicts a configuration James and I recommended for the Wendy's. The
main thing is that the drive-through facility and queue should be located in
the alley, not along streets, and that back-of-house functions (loading,
dumpster, etc) should be screened from view (as seen from streets and public
spaces) using buildings or wings of buildings.
- For further background: the second pdf is an older memo provided to Charles
Carrington in April 2001, listing items that should be included in the
design of any fast food restaurants in the Town Center.
Warmest regards,
Victor
> <<18-June-2002 memo to Charles re Doran site Wendys drive-through.pdf>>
> <<06-April-2001 memo to Charles re Doran site Wendys.pdf>>
>
>
cc: Kristen Thomas (please print for Winter Springs file)
Ron McLemore
1
*************** -COMM. JOURNAL- ******************* DATE OCT-10-2002 ***** TIME 16:11 ********
~10DE = MEI10RY TRANSMISSION
START=OCT-10 16:10
END=OCT-10 16:11
FILE ~lO.=316
STN C011M .
NO,
ONE-TOUCH/ STATION NRME/TEL NO.
ABBR NO.
PAGES DURATION
001 OK
s 818438496765
004/004 00:00:49
-CITY OF WINTER SPRINGS
************************************ -
- ***** -
407 327 4753- *********
CITY OF WINTER SPRINGS, FLORIDA
'126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone: (407) 327-'800
Fax: (407) 327.4753
E-mail: contactus@wlntersprlngsfl,org
October 10,2002
Shane Doran, Vice President
James Doran Company
216 Seven Fanns Drive, Suite 200
Charleston, SC 29492
Dear Shane:
As requested I reviewed your Wendy's site plan with both victor and Ian Lockwood.
Both arerecommending-denial-of1lre-com:ept;- I''Ueed''to' emphasize that Ian is more
strongly opposed than victor. Ian is convinced that the site plan as proposed would cause
the intersection to become dysfunctional and a detriment to the customer and the project
Additionally, Ian is strongly opposed to the angular parking just north of the circle for the
same reasons and strongly recommends that the parking lot be changed to parallel
parking, Ian has recommended the attached concepts. One of the concepts is the concept
recommended by Victor Dover.
Obviously, with two of the most renowned consultants in the Country opposing the
concept, it is going to be impossible for the staff to be in favor of the concept
My suggestion us that you choose One of the three plans,proposc:d by Ian and that you
consider changing the parking north of the circle to parallel parking as recommended by
Ian.
In regards to the special exception for the pool supplier, staff has recommended approval
provided that there is no outside storage, including the liquid cWorine tanks. I don't
anticipate any problems with the Commission on this basis, Additionally, I don't see any
need for the representatives of the pool supplies to be there.
If you have any questions, please contact me at your convenience.
Sin~
i~cLemore
City Manager
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William J. Anglin,Jr,
David L Barth
Jay H, Exum
Jack F. Glatting
Carey S, Hayo
Jay R. Hood
Timothy T. Jackson
William C. Kercher,Jr,
Walter M, Kulash
Sharon K. Lamantia
S, R.aymond Lopez
John H, Percy
John F. Rinehart
Gregory A, Ory!a
David R, Claus
Charles p, Cobble
Michael R, Cochran
Jeffrey S, Collins
Richard E, Durr,Jr,
Bruce C. Hall
David M. Kutner
Frank A. Jaskiewicz
Gail D, Lacey
William D, Lites
Edward J, McKinney
Thomas J. McMacken,Jr,
Douglas A, Metzger
John 1- Moore III
Timothy R. Palermo
Troy I~ Russ
Jodi L. Rutmann
Kelley J. Samuels
Peter C. Sechler
Nathan p, Silva
Laura K.Turner
Ronald L. Urbaniak
G. Wade Walkcr
Gary E. Warner
Community
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33 East Pine Street
Orbndo, Florida 32HO)
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GLATTING
JACKSON
KERCHER
ANGLIN
LOPEZ
RINEHART
VIA FACSIMILE 407.327.6695
Original to Follow by Mail
October 14, 2002
Mr, Kip D, Lockcuff, P,E.
Public Works/Utility Director
City of Winter Springs
1126 East S,R. 434
Winter Springs, FL 32708
Re:
Proposed Wendy's Site Plan
GJ#16645,O I
Dear Kip:
On October 7, 2002, I reviewed the site plan, as proposed for Wendy's in the City of Winter
Spring's Town Center, with you and other City staff members, Unfortunately, the proposed
driveway arrangement is problematic from a safety perspective and it needs correcting,
The safety problem has to do with intersection spacing, The proposed one-way driveway
leading to Wendy's drive-through window intersects a site entrance road immediately next to
a second intersection. The second intersection is the intersection of the site access road and a
two-way driveway that leads to surface parking, The proposed separation between the two
intersections is about twelve feet or less through the use of what appears to be a median,
Even in normal parking lot design, the typical dimension between adjacent parking aisles is
the length of two parking stalls (i,e, 36 feet), The proposed spacing of less than twelve feet is
too small. The safety concerns are due to concentrating the turning movements of both
intersections too close together, coupled with what could be confused as a median,
This problem is reminiscent of the problem in the same location that was identitled, but was
not changed by the developer, in June 2002, Concepts C and 0 that were provided to the
Glattinj,: .Jackson Kercher Anj,:lin Lopez Rinehart, Ine.
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developer in June addressed the intersection spacing problem, Furthermore, Dover Khol
provided another layout similar to Concept C to solve the spacing problem, Any of these
three options or a similar solution would be acceptable,
Sincerely,
dP~
Ian M, Lockwood, P,E,
Senior Transportation Engineer
IML/pae
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
Page 2
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" ,~" 10/25;2002 15: 53 FAX 18438496765
October 25, 2002
JAMES DORAN COMPANY
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'-'AMES DORAN COMPANY
ESTABLISHED 1 BB2
REAL ESTATE INVESTMENT BANKERS
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E: CITy RII'/GS
CLERk,
Re: Wendy's - One way drive through
Winter Springs Town Center
Winter Springs, Florida
Dear Mayor and Commissioners,
I would like to appeal to all of you directly on one minor revision to our approved site
plan. This revision involves the reversal of a traffic lane to improve trat1i.c flow and to
accommodate a drive through window. I urge you all to consider the following points:
.
During our permit process for our approved site plan, JDC was asked to
commission a traffic study to examine potential "conflict parts". JOC did
so, at a cost of$5,000, although begrudgingly as it was a puzzling request
(see attached exhibit A). It is well known that in a sense it is the point of
New Urbanism to CREATE conflict parts, at least in a sense to slow
traffic down, In any event, neither entrance to Wendy's was considered a
conflict point at the time. JOC believes this was the proper forUm if there
, was a traffic flow concern. Upon acceptance of traffic study, JDe moved
forward in good faith and constructed all approved site improvements,
.
The two-way traffic next to Wendy's was a clerical error on the part of
JOC's team, It was always our intention to provide one drive-through
service to buildings 15 and 16; this intent was clearly memorialized in the
First Modification to Developers Agreement. The spirit of Paragraph 2
was clearly intended to allow a drive-through, as tms is consistent with a
fast food use.
.
Our plan as proposed is an improvement over what is currently approved
as it eliminates a potential conflict (see attached letter and credentials from
Turget Dervish ofTPD; "Exmbit B").
.
A plan was submitted that greatly improved traffic flow, eliminated
potential conflict points, and allowed adequate stacking (See attached
exhibit C). This plan was simply rejected; we were told to consider a plan
drawn by Victor Dover (See attached Exhibit D),
.
J DC then appealed to Charles Carrington, head of planning and zoning at
the time, noting that Victor's plan would not work because (1) it only
provided stacking for 2-3 cars and (2) its requires that new buildings b'c
built that were to small to lease and were in conflict with the approvea site
2' 6 SEVEN FARMS DRIVE. SUITE 200 . CHARLESTON. SOUTH CAROLINA 29492 . IB43J 881-7550 . FAX: (8431 849-6765
OVERLOOK ONE' 2849 PACES FERRY ROAD' SUITE 310 . ATLANTA, GEORGIA 30339 . (678) 309-9502 . FAX: 16781 309-9503
\NWW...JAMESODRANCQ.CDM
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plan and several corresponding leascs that had already been signed. After
working with Charles and some hard negotiating with Wendy's, a
compromise was reached. This compromise is what will be before you on
October 28th (See attached Exh.ibit E).
Mr. Mayor and elected Commissioners, we arc on the brink of success for the town
center and we are at an impasse over reversing one lane of traffic. JDC has been very
clear about our economic need for Wendy's and now Wendy's is almost out of patience.
I appeal to all of you to continue to be reasonable and to approve tills minor change so
that we may move forward. f think it is very important that we keep up the momentum
we have created. I look forward to seeing all of you on the evening of the October 28th.
Sincerely,
Shane J.'
Senior Vice President
J ames Doran Company