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HomeMy WebLinkAbout2003 01 13 Regular P Wendy's Site Plan -. -., , COMMISSION AGENDA January 13. 2003 Meeting Consent Information Public Hearin2 Regular X ITEM P MGR. ~. /Dept. /Y REQUEST: Community Development Department requests that the City Commission reconsider the dumpster location and access on the modified Wendy's site plan. PURPOSE: The purpose of this Agenda Item is to reconsider the location of and access to the dumpster at the Wendy's at the JDC Calhoun Town Center project. This site is located on the north side of Tree Swallow Drive, just west of the traffic circle and fountain. There appears to have been confusion about where the dumpster was depicted and how it would be accessed and serviced on the revised plan that the . City Commission approved on October 28, 2002. CONSIDERATION: The dumpster pad enclosure is depicted as a part of the Wendy's building. Access to service the dumpster would occur through the striped pavement area between the V-shaped drive-thru lane and the adjacent internal [to the JDC Calhoun Town Center site] roadway, in the area that the City staff and the City's Town Center consultant wanted closed from thru-traffic. There is concern that the striped area will be used by the general public, to either cut into the drive-thru line or simply as a short-cut, in-effect fostering and maintaining the negative traffic situation that the City is trying to avoid at that location. In an attempt to allow the drive-thru design, but eliminate the conflict point, there was a suggestion to consider moving the dumpster location to the north side of the drive-thru and service it via the drive-thru. Staff requested both the design engineering firm, Avid, and the City's traffic engineering consultant, CPH, determine ifthe drive-thru were or could be designed with adequate turning radii January 13,2003 Regular Item P Page 2 of3 to accommodate an appropriately sized garbage truck. There may be vertical elements to a standard Wendy's drive-thru which would complicate such movement and therefore might need to be modified, ifthis alternative were chosen. Another possibility would be an aesthetic gate to block unauthorized access and visibility to the drive-thru aisle. If garbage and recyclable collection occurred at night or otherwise during the "off' hours, this would not necessarily disrupt traffic. Still another alternative would be to remove and stripe the 3 parking spaces immediately north of the drive-thru, for access from the north (from the parking lot drive aisle, instead of from the internal roadway, Cliffrose Drive. Any of these alternatives requires the dumpster to be serviced when no vehicles would be using the drive-thru. APPLICABLE CODE: Section 9-153. General layout; connections with existing streets. Section 9-155. Intersections. Section 9-276. Definitions. Section 17-29. Access control. FINDINGS: 1) The preliminary and final engineering/site plans did not depict a drive-thru for building No.15, the site of what is now proposed for a Wendy's fast food restaurant. 2) The approved plans, in their various iterations, depict a fast food restaurant on the east side ofthe traffic circle and fountain (building No. 16). 3) City staff and the City's Town Center consultant opposed both a drive-thru aisle at building No. 15 and access from Cliffrose Drive. 4) On October 25,2002, Shane Doran, of the James Doran Company, developer of the project, provided an 18 page facsimile transmittal to all 5 City Commissioners, outlining alternative proposals (exhibits "C", "D", and "E") for the Wendy's restaurant. 5) On October 28, 2002, the City Commission approved a basic geometric design depicted on Exhibit "C" of Shane Doran's October 25,2002, transmittal to the City Commission. The design was to have a raised pedestrian crossing across the , January 13,2003 Regular Item P Page 3 of3 drive-thru aisle, on the east side of the building. Further technical details were to be worked out with staff. 6) Avid engineering submitted the modified final engineering plans, consistent with approval of Exhibit "C" and the verbal directives from the City Commission at that October 28, 2002, meeting. ATTACHMENTS: A - Copy of Shane Doran's October 25,2002, facsimile transmittal and the City Manager's October 28,2002, cover memo to the City Commission B - Minutes of the October 28,2002, City Commission meeting C - Cover page of First Modification of Agreement (allows fast-food restaurant) RECOMMENDATION: Staff recommends the City Commission choose an acceptable and aesthetic alternative that will eliminate the potential for cut-thru traffic into the drive-thru aisle. CITY COMMISSION ACTION: ATTACHMENT A ":"":":;;"'~~:~7{~r:'.1 i;.:!l.~.-"'-""'-'-""".""':""- \. . CITY OF WINTER SPRiNGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 -----_._--_..-.~_.. MEMORANDUM TO:' Mayor and Commission Ronald W. McLemore, City Manager ~ FROM: DATE: October 28, 2002 SUBJ: Doran Pr-oject -Wendy's Site Plan It is our understanding that this matter might be n,iised tonight. I believe Mr. Doran may be under the assumption that this matter'is on the agenda tonight. ........... _'__m,_ ___ '_h___ _ _ ___ Although we planned it for tonight; I did not receive comment from Mr. Doran in tinie to 'include it on tonight's agenda. , However, if you choose to discuss this matter, attached are the required refe~ences. I , ~ r: ljp .. . 10/25/2002 15:53 F~X 18438496765 . JAMES DORAN COMPANY !g] 001 wAMES DORAN ESTA8LISHED COMPANY 1882 ~'=ClE'" DC r 2 'Y eo ( 200' Clry ~ OFFIC~~ WINrER n Frf.{co . SR'" -.",^J,. .. Ctry"tf'llJs . 1, ;1/ 'Ie. . CI.IJf?1( 849 _ 6765 (e, e.'t(C\t,/CYiiJ Real Estate Investment Bankers 216 Seven Farms Drive Suite 200 Charleston, SC 29492 Phone (843)881-7550 Fax (843) FACSIMILE TRANS MITT AL SHEET -TO: Commissioner Michael Blake COMPANY TOTAL NO. OF PAGES INCLUDING COVER 18 FAX NUMBER: 407-327-4753 FAX NUMBER: FROM: DATE: Shane Doran 10-25-:02 COMPANY TO: Commissioner Robert Miller Commissioner Edward Martinez Deputy Mayor/Commissioner Cindy Gennelll Commissioner David McLeod RE: Wendys One vvaydrive through Winter Springs Town Center Winter Springs, Florida o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY NOTES/COMMENTS: Please see attached. - 10/25/2002 15:53 FAX 18438496765 JAMES DORAN COMPANY @002 . ; .JAMES DORAN COMPANY ESTABLISHED 1882 REAL ESTATE INVESTMENT 8ANKERS October 25, 20.0.2 I'tE:CE:'\/'E:a DC T 2 ~ I 2002 Clry Or:r:IC~~;;VIN rER IH{2 C/gR1IVGS Cl.ERK 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 traffic 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, JOC was asked to commission a traffic study to examine potential "conflict parts". JDC did so, at a cost of $5,00.0, 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. JDC believes this was the proper forUm if there . was a traffic flow concern. Upon acceptance of traffic study, JDC 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 JDC'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 this 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; "Exhibit B"). . A plan was submitted that greatly improved traffic flow, eliminated potential conflict points, and aliowed 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). . JDC then appealed to Charles Carrington, head of plarming 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 be built that were to small to lease and were in conflict with the approvea site 216 S,EVEN F"ARMS DRIVE. SUITE 200 . CHARI-ESTON. SOUTH CAROI-INA 29492 . (8431 881-7550 · F"AX: (843) 849-6765 OVERI-OOK ONE. 2849 PACES FERRY ROAD. SUITE 310 . ATl..ANTA, GEORGIA 30339 . (6781 309-9502 . F"AX: (678) 309-9503 WWW..JAMESOORANCO.CCM _ ,_10/2~/2002 15: 53 FAX 18438496765 JAMES DORAN COMPANY plan and several corresponding leases 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 Exhibit E). Mr. Mayor and elected Commissioners, we are 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 this minor change so that we may move forward. I 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 @003 . , " S~p.14. 2001 2:08PM r' JAMES DORAN COMPANY .t ~~,bi ~ ~" @004 _)O~~5/2002 15:53 FAX 18438496765 r--- No.431B p. 1/3 Fax CPH EnginufS, II1e. 1117 East Robinson Streel Suite C Orlando. Rorlda 32801 Phone: 401-425~452 , Fax: 407-648-1036 www cphengineef3.com rO:/Ztr'/lef Pdt/i~A Or9anl:zatJon~ . - fax No. 'f 0 7 - le 2.. <B .- 0 fJ SO No. of Pages Faxed; 3 From: Terry M Zaudlke, P,E . DEE Re: CPH Job No.: uJcJ ifl/)1) Date: Message: oi.;\> FVJ Give /-0 TUrye-f ffS))P Ooc~m. nt2 :>ep.'{4. LUUI CU~/"M r ICIV\7, r,4X ~ l( ~ -/0 'J~ JAMES DORAN COMPANY 1'&A\bi ~ ~.. ~~__c.r--' (' @005 No.4:JIH p. 'LI'J 10/25/2002 15:54 FAX 18438496765 Potential traffic conflict points ,. Intersection of the N/S connector roadway, SR 434, and the parallel frontage road. Please address volumes. turning movements, potential conflicts with pedestrian movements. and Blacking, as well as other pertinent topics. 2. Intersection of the curb.-cut (or the project rrom the N/S oonn~ctor roadway I given the proximity to the Intersectlon and issues In /tem #1 Please also discus8 the pfOposed angle parking depIcted In the preliminary site plan on these traffic movements. 3. Curb-cut from SR 434 onto the project site and its intersection with the parallel frontage road (as in #1. above). 4. Point of egress from the drive-thru bank and the internal corridor from the curb- cut in #3. above, and the the traffic round-about. TOTAL P.lil2 10/25/2002 15:54 FAX 18438496765 JAMES DORAN COMPANY II " b)(l;b;~ A ' ~. ;,,~y.,,'t, LVUI l..vorm . r l4J 006 No,4318 p. 3/3 (' --~_._---::? .. ....=!i!';~ . I 3 runlJl: l\J P llVMMlT AT YfII"'rEIUI'IUI"CS TOWN Cn"I'tI~ ~ ~ ..--CIN . OlOILOTTE lSIr ASfOCl41D L Ttl. .....,...,.,.,......, ....- ...........~---. - .......,....... .. ........ .~~..... ................-..- ........... IoU -......- -,,---- ...,..."...... ~ .... JIlIW IfICII' """'...... ........~,. --- -.. - ..... tI ...,.... .. -.. .. m ~ no .... U'f H ~ , SPE<:W. EXta'TlON A SE-4 REfUlI:'tG DIt4..WIC1 A201 c: 10/25/2002 15:54 FAX 18438496765 JAMES DORAN COMPANY ~007 . r----.It I G~;b;~ A'I {'. Traffic Planning and Design, Inc. 535 Versailles Drive, Suite 200 · Maitland, FL 32751-7305 (407) 628-9955 · FAX (407) 628-8850 · E-mail: tpdtrafflc@Bol.com MEMORANDUM " To: CharleSL~~~ From: Turgut~~.~ .......... Date: October 9, 2001 Re: Potential Traffic Conflict Points Winter Springs Town Center TPD N!! 1963.2 The purpose ofthis memorandum is to address the potential traffic conflict point locations identified by the City. The comment made about each potential traffic conflict is listed first in bold followed by our response. 1. Intersection of the N/S connector roadway, SR 434, and the parallel frontage road. Please address volumes, turning movements, potential conflicts with pedestrian movements, and stacking, as well as other pertinent topics. , The P.M. peak hour traffic volumes at this location as well as other access locations are shown in Figure 4b (revised), copy attached. The frontage road is designed as one-way tenninating at the N/S connector roadway. Located along the southern boundary of the site, this frontage road will be a low volume low speed internal road also accommodating angle parking. A STO P sign along with a right turn only sign would control traffic on this roadway. Vehicles from the frontage road will yield to entering and exiting vehicles at all times. In addition to the STOP sign, DO NOT ENTER signs should be installed facing the N/S connector roadway. If right turns will be pennitted from the frontage road, the turning radius should be increased to a minimum of 25 feet. On the N/S roadway over 100 of stacking (unrestricted) is provided for exiting vehicles. To determine the adequacy of this stacking' distance, the required queue length calculation was made based upon the procedures of the Green Book as follows: = 2 x 25/60 x # of turning vehicles per hour 2 x 25/60 x 90 = 75 feet Storage Length in Feet (L) = .J SR 434 50 + (62) =0 112 j 1.836 + (62) '" 1.898 --+- TraffIc Planning and Design. Inc. 515 "._iIJu Dr..I:tOO . ....1lIelld, f1 3275'-7305 T...plIo.., ~O'-Sll-9tS5 FA" ~1l,-,:z.a-M50 o In ~ + on ..., z ~ o o ;) :> ~ g :0 Q. \.. 30 + (35)- 65 _ 1.026 + (80) -1,106 .J 26 + (31) .. ~7 j I ,810 + (31) '" 1 .641 -+- N - II :0 II ....... 0- ......8- ." ...... + + <D " - .J. o 7 + (6) '" 13 J 118 ... (188) = 306 .... -l C '" <D ~ ~ a ~t ..., co CD 0 n n ...... ....... o 0 ..., ....... ::. + + co o ..., - ..., .... c .. ,.. o ~ a XI 0.. (000) I .... 0 ....... N en ...... N 0 0 N .... en .. en ""' ;;: ,.. >< .... e>> ""' c.> e>> ""' <.0 en ) -...J en en ::: ~ ~ ~ CIl 0 0 SR 434 ~ ::: (") 0 l:l:: ." ~ ) :: 000 L- TOTAL PROJECT BACKGROUND PROJECTED P.M. PEAK HOUR TRAFFIC VOLUME (WITHOUT RIGHT IN - RIGHT OUT DRIVEWAY 0' e ~ " 3 2- ~ + o ..., '- 30 + (41) - 71 _ 1,026 + (35) - 1.061 LEGEND: 000 + I FIGURE 4b [REVISED] ~ o o oe _ 1Q/~~002 15:55 FAX 18438496765 f" JAMES DORAN COMPANY " [; '!(~, b: \- f\" ('. ~009 Mr. Charles Carrington October 9, 2001 page 3 No pedestrian conflicts will occur at this location since the sidewalk is along the north side frontage road and on the east site of the N/S roadway with no crossing of the N/S roadway.' 2. Intersection ofthe curb-cut for the project from the N/S connector roadway, given the proximity to the Intersection and issues in item #1. Please also discuss the proposed angle parking depicted in the preliminary site plan on these traffic movements. The intersection is approximately 150 feet from the SR 434 intersection with parking on both sides. The curb-cut of the project will be under STOP control and will not interfere with the north-south major movements. Any pedestrian activity will occur along the east side of the N/S connector roadway which has pedestrian linkages (sidewalks) internal to the site. 3. Curb-cut from SR 434 onto the project site and its intersection with the parallel frontage road (as in #1, above). -, The parallel frontage road is one-way westbound under STOP control. Therefore, traffic on the frontage road will yield to entering vehicles at all times. The sidewalk is on the north side of the frontage road with pedestrians crossing only the internal roadway approaching the frontage road. Crosswalk and pedestrian crossing sign and/or STOP sign will be provided at this location. The internal roadway has stacking le~gth of 11 5 feet from the bank's drive- up windows to the STOP bar at SR 434. The required length as per the Green Book is as . follows: L = 2 x 25/60 x # of turning vehicles per hour = 2 x 25/60 x 110 = 92 feet 4. Point of egress from the drive-thru bank and the internal corridor from the curb-cut in #3, above, and the traffic roundabout. The point of egress from the drive-thru bank will be controlled by STOP signs on both sides along with the STOP bar. The high emphasis crosswalk provided will further draw the attention of the motorists and encourage exiting with caution. An alternative to the proposed sidewalk/crosswalk. system along the internal road would be to place the pedestrian corridor on the west side of the internal roadway. This would eliminate vehicle/pedestrian conflicts at the bank's drive-thr:u intersection. As for the roundabout, it has been properly designed with traffic/pedestrian: controls. Additional one-way signage on the traffic circle may be considered to indicate the flow of traffic around the circle. f' JAMES DORAN COMPANY II SA.~ b; ~ f\" (" ~010 10/25/2002 1~:~5 FAX 18438496765 Mr. Charles Carrington October 9, 2001 page 4 The Final Site Plan submitted to the City shows in detail the internal traffic circulation, pedestrian walkway system, parking layout and traffic/pedestrian control devices. Please call us if you have further comments or questions. cc: Terry Zaudtke Shane Doran Rick Alcala Herb Green .10/.~5/2002 15: 55 FAX 18438496765 JAMES DORAN COMPANY I' ~;b;~ ~" ~Ol1 .,. J Traffic Planning and Design, Inc. 535 Versailles Drive. Suite 200,. Maitland, Fl32751-7305 (407) 628-9955 · FAX (407) 628-8850 0 E-mail: tpdtraffic@aol.com October 4,2001 INVOICE #1963.2-3579 If/~JJ Mr. Shane J. Doran James Doran Company 1051-H Johnnie Dodds Boulevard Mt. Pleasant, South Carolina 29464' Re: JDC Calhoun Winter Springs Town Center STA TEMENT 1.; For professional services rendered in the preparation of a Traffic lnipact Analysis for the above- referenced project. Fee As Per Agreement ................................................................................ $ 4,500.00 (Study completed/report submitted) , AMOUNT DUE THIS INVOICE $ 4.500.00 ! Jj 10/25/2002 15~55 FAX 18438496765 II JAMES DORAN COMPANY I( ~\ bl ~ ~.. llJ012 . ,1/ Traffic Planning and Design, Inc. 535 Versailles Drive, Suite 200 · Maitland, FL 32751-7305 (407) 628-9955 . FAX (407) 628-8850 · E-mail: tpdtraffic@aol.com June l, 200l INVOICE #1963.1-3487 1J1~] Mr. Kip Lockcuff, P.E. Public W orksltItility Director City of Winter Springs 1126 East SR 434 Winter Springs, Florida 32708-2799 Re: Town Center Main Street Traffic Operations and On-Street Parking 1; STATEMENT For professional services rendered in attending meetings and the ,preparing of a technical memorandum on traffic operations and on-street parking. 3.0 Hours Principal Engineer @ $1 25/Hr Intersection Traffic Counts = $ 375.00 80.00 $ 455.00 AMOUNT DUE THIS INVOICE $ 455.00 Jj 10/25/2002 15:55 FAX 18438496765 JAMES DORAN COMPANY OCT 23 2001 3:43PM HP LASERJET 3200 4', .~ I. G<.~~b~t 6" ~013 p. 1 Traffic Planning and Design, Inc. 535 Versaines Drive, Suite 200 . Maitland. FL 32751-7305 (407) 628-9955 . FAX (407) 628-8850 . www.tpdtrafflC.Com FAX MEMORANDUM FROM: Shane Doran (843) 849-6765 ~ Turgut Dervish, P.E. TO: DATE: October 23, 2002 RE: Winter Springs Town CenterlJDC Calhoun Site TPDN21963.2 We have reviewed the proposed change to the approved master plan in conjunction with the proposed development of the Wendy's Restaurant. The change is for converting a short internal roadway opposite Wendy'!; to a one-way operation. No geometric or ,parking configuration changes are proposed to the as-built roadway section. The proposed change in conjunction with Wendy's will result in improved traffic operations at both ends of this short roadway. In addition to the less conflicting movements at each end, the overall efficiency and safety of traffic operations in the area will be improved. Nease call if you need further assistance on this matter. TD:jm 10/25/2002 15:55 FAX 18438496765 JAMES DORAN COMPANY OCT 23 ,2001 4: DOPM HP LASERJET 3200 " . II btl, \J~ ~6 I4J014 p.2 Traffic Planning and Design, Inc. 535 Versailles Drive, Suite 200. Maitland, FL 32751-7305 (407) 628-9955 . FAX (407) 628-8850 . '.W/W.tpdtraffic.com TURGUT DERVISH, P.E. QUALIFICA TrONS: 'B.S.C.E., Istanbul Technical University, 1962 M.S.C.E. (Transportation), Georgia Institute of Technology, 1966 Registered Professional Engineer: Florida Professional Memberships: Institute of Transportation Engineers (lTE) American Society of Civil Engineers (ASeE) PROFESSIONAL EXPERIENCE: 1983 to Present - President, Traffic Planning and Design, Inc. Maitland, Florida ~ In June 1983, Mr. Dervish founded the firm of Traffic Planning and Design, Inc. for the purpose of providing professional consultant services to governmental agencies, private professional organizations and developers in the field of traffic/transportation planning and engineering. He is in responsible charge of all projects including traffic operations studies and design, traffic impactlconcurrencystudies. traffic circulation and parking plans. transportation planning/engineering studies and corridor studies. 1976 to 1983 - Director of Trafficrrransportation Engineering Tipton Associates, Inc.. Orlando, Florida - In this capacity, responsible for the direction of transportation and traffic projects including transportation planning, public transportation, route location/geometric design, traffic operations/roadway design, environmental assessment and traffic safety studies. Responsibilities included staff assignment to projects and monitoring the progress of projects to ensure quality work and timely completion. 1973 to 1975 - Project Manager, Transportation and Traffic Engineering, VTN, Inc., Orlando, Florida - In this capacity, responsible for the direction of transportation and traffic projects, including multi-modal transportation planning, urban and regional transportation systems, public transportation studies, traffic studies and related functions. 10:25/2002 15:56 FAX 18438~9~7~5_ JAMES DORAN COMPANY ------.-- -- - - - -- OC~ 23.2001 4:01PM HP LASERJET 3200 II .. b.M'o\~ ~ ~015 p.3 1971 to 1973 - Senior Engineer/Assistant Regional Manager, Alan M. Voorhees & Associates. St. Louis, Missowi - In this capacity, supervised the direction of traffic impact, traffic safety and traffic operational studies as well as comprehensive transportation planning studies for urban areas. 1966 to 1971 - Traffic Engineerrrransportation Planner, Traffic Planning Associates, Inc., Atlanta., Georgia - As traffic engineer/transportation planner, worked on a variety of traffic engineering and transportation planning projects with various governmental agencies in the development of plans of major traffic improvements. 1965 to 1966 - Graduate Research Assistant, Georgia Institute of Technology, Atlanta, Georgia AWARDS: Fulbright Scholar, 1964-66, Georgia Tech Transportation Engineer of 1981, Florida Section ITE COMMITTEES: Technical Projects Committee Chairman, Florida Section,ITE, 1980-81 Planning Guidelines Review Committee, Seminole County, 1982 Impact Fee Advisory Board, Orange County, 198,4-86 ' Citizen Advisory Committee, Transportation Mgmt Program, Seminole County, 1985 DRl Transportation Policy Work Group> Department of Community Affairs, 1985-86 Growth Management Subcommittee, Florida Section 1'rE, 1986-89 Trip Generation Subcommittee, Florida Section ITE, 1986-87 Technical Advisory Committee, City of Orlando Impact Fees, 1986-88 _ '_ 1~<:5!:0~2 _1~.2.~6.!~ .!8_43_8t9~65 10/~4/2002 .15:43 FAX 6783099503 07/24/2002 14:53 06/28/20B2 14:3~ JAMES DORAN COMPANY JAMES DORAN CO ATLANTA ~ JDC-CHS 407629El641" /' . . f' II RESTAURANT SERVICES t::.~\\. \ '0\ ~ \....... . 4~724B0~- AVIU ~IHEERING ld.1 016 ~Ul PAGE 03 PAGE 02 ..... . \ t\~ H' "\2' ~ ... ) $-15 z a - -( C7' .. p..,~ to (f) :T N ~ It) ,.,1., m "-./: ~ \ ~\ \~ \ ,\'\\'- \ ~\ '>(~\\ \ #-~sef1~". 10/25/2002 15:56 FAX 18438496765 JAMES DORAN COMPANY "f:~h\O\~ b \\ ~017 6 Ie. ~ ~ ./ ./ / /' ./ G / /' / . UJ /" .. >. /" \B "0 e:: ~ c:: / / /' /' / c; ~ /' ( t........ .. " \ . .', ....... ..,. ( ". f . ... ! " / . ! ..- .. . ~ TOTAL P. 04 .... .. '" /' / ./ ~018 No.6514 p, 0/02 .... - - PAGE e2 . st WENDrS ~ ,~ +1 + 'F. .. .. rFAl' 1m ~ l 1'11111111111 5 IR '" -i R10' f ACK. REf. . 0( . .... OWGS. ~---A - ~ CONC, -e.- ~~ - - ." N :c; , , ,. ATTACHMENT B CITYOFWINTER~~~~ CITY COMMISSION REGULAR MEETING - OCTOBER 28. 2002 PAGE 9 OF 24 PUBLIC HEARINGS C. Community Development Department - Land Development Division 'Requests The City Commission Conduct A Public Hearing For The Second Reading Of Ordinance 2002-32 To Amend The Official Zoning Map Of The City Of Winter Springs By Changing The Current Designation Of The Approximately 1.0 Acre (1.37 On Tax Map And Associated Information) Subject Property, Located At 240 Old Sanford-Oviedo Road From Tine C-2 District To The 1-1 District Attorney Oarganese read the Ordinance by "Title" only. Mr. Baker spoke briefly regarding Minutes from the Planning and Zoning BoardlLocal Planning Agency. Mayor Partyka opened the' "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed "MOTION TO APPROVE ORDINANCE 2002-32." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOlLLOWING ISSUE WAS DISCUSSED NEXT AS AN ADD-ON REGULAR AGENDA ITEM, BASED ON THE DOCUMENT INCLUDED WITH THESE MINUTES, NOTED AS ATTACHMENT "A." .:. .:. VI. REGULAR ADD-ON REGULAR Office Of The City Manager Requesting The City Commission Discuss Issues Related To The Town Center And Specifically The Proposed Wendy's. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 10 OF 24 Manager McLemore and Mr. Baker presented their introductory comments to the City Commission. Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: explained to the City Commission what he was requesting. Commissioner Blake stated, "What satisfaction does the developer have that the final plan they think: they have hammered out is the real plan if it didn't come back before us?" Manager McLemore said, "I think what we could do is just document in writing that we reviewed everything and if we are all in agreement, we will just document it in writing and file that with you at the next Commission Meeting as an Informational Item." Further discussion ensued. Commissioner Blake then stated, "All the changes on the updated site plan e~cept for Wendy's, we give to Staff to hammer out - you bring us back what you completed, put it on our Informational Agenda for two (2) weeks - from tonight and we either approve it on an Informational Agenda - you don't have to be here - or we do not disapprove it; then we go two (2) weeks later and say we have got a problem - the Commission has a problem with these issues and see if we can hammer that out." Mr. Doran stated, "That's perfectly acceptable to me." Mayor Partyka stated, "Two (2) Commissioners are saying take a look at that." Mayor Partyka then asked the rest of the City Commission for their input. Commissioner Martinez stated, "My recollection of what transpired the last time we were here were some issues - clock, elevation, and a few others and our direction was for Staff to sit down with them between the last Meeting and this one and resolve those issues. Have they been resolved?" Mr. Doran responded,' "Those were minor comments to the elevations we presented and I understand it is going well. I don't have my Architect here today to address them, but I understand that we have made those revisions and Staff is happy with them." Commissioner Martinez added, "The same with the Commissioners, if you think. you can work these things out between yourself and Staff to your satisfaction - the Contract Agreement within Code." Mayor Partyka then stated, "Commissioner Gennell? Same Way?" Commissioner David W. McLeod inquired of Mr. Doran, "We are only talking about site plan issues correct?" Mr. Doran stated, "That's correct." Commissioner McLeod then asked, "No elevations, changes of buildings or changes of - the clock tower or what happens to the corner next to it?" In response to Commissioner McLeod remarks about the building next to the clock tower, Mr. Doran stated, "That corner - you are correct." Furthermore, Commissioner McLeod said, "Would you mind going down the list of the items that you are looking to discuss with Staff - for the site plan." CITY OF WINTER SPRINGS MINUTES CrrY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 11 OF 24 Mr. Kevin Collins, Avid Engineering, 7208 West Sandlalee Road, Orlando, Florida: spoke on the record about thirty-seven (37) "Drawing Revisions." Commissioner McLeod stated, "Basically, you and Staff are going to discuss 1 to 23 with the exception of item 3 which will be discussed this evening which is the fast food restaurant." Mr. Collins responded, "That's correct." Commissioner McLeod then said, "I would agree to that." Mayor Partyka summarized the preference of the Commission as "We have all agreed to that." Mr. Collins pointed out, "The revisions go up to 37, numbered consecutively for the revisions to paving" grading and drainage." Mayor Partyka remarked, "We will assume that in the record - it is those 37 items that are already on the plan and Mr. Baker will review those, along with Staff." Mr. Baker then commented, "Where they are moving some dumpsters - especially around buildings 1 and 2, they are putting them out into the parking lot and I think that maybe a policy item - where they are going." Mr. Baker added, "The location of those dumpsters could be something you need to look at, whether or not you like them where they are proposing them, because they are moving." Mayor Partyka stated, "City Manager, can't you handle this as we discussed earlier?" Manager McLemore responded, "I think so. You have a new Code requirement that all these need to be closed - and we'll work on it." Mr~ Doran added, "We are not simply moving them. Our earlier plan was conceptual. Some are created, we don't know how many restaurants we have, our plan is evolving and there is really nowhere else to put them." ISSUES RELATED TO A WENDY'S REST AURANT WAS DISCUSSED NEXT. Regarding certain drive-thru plans, Manager McLemore first stated, "You have been put on notice in writing by Ian [Lockwood, Civil Engineer, Glatting Jackson] that this configuration that has been presented is a safety problem. Discussion. Mr. Ron Donley, 2699 Lee Road, Winter Park, Florida: as a representative of the Wendy's Corporation, Mr. Donley spoke of his concern with various drive-thru plans and stated that regarding the proposed preferred design, "We've worked the dumpster into the building so you don't even look like you have a dumpster behind the building - it totally looks like a courtyard, instead of a dumpster." Mr. Doran read a portion of a letter into the record from Turgut Dervish, P.E., of Traffic Planning and Design, Inc.. Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 12 OF 24 Discussion followed on the plans and proposed drive-thru's. Commissioner McLeod stated, "I do remember this bottleneck instance that we have showing on this plan, that actually showed two (2) roads coming to a point, that you - went back and did some work - we agreed to change that. Is that not this location? Mr. Doran responded, "Yes - everything is the same as we have here - turnaround arrow - we changed it, separated it; it's two-way - we are literally talking about turning an arrow around and re-striping is the only site plan change we are asking for. To be honest about it, it was a clerical error on my staff that 'Fast food' wasn't written on that." Further discussion related to the "Order point" and a varied landscape plan were covered . next. Discussion. , Tape 2/Side B Deputy Mayor Gennell suggested, "If we have even potentially good pedestrian traffic there, why don't we put a little walk light - right there on the right side of the crosswalk to the Wendy's from the park area." Deputy Mayor Gennell added, "I would encourage you to look at - a push-button - for safety's sake." Commissioner McLeod suggested that we use something like a "Sign that says 'Yield to pedestrians, pedestrians have the right-of-way.'" Additionally, Commissioner Blake recommended "This walkway as it goes across, make it a raised brick crosswalk - like a speed hump, except it is brick or pavers, and cars go up - it is four feet (4') and then they go back down." Furthermore, Deputy Mayor Gennell pointed out that in "Downtown Sanford, and it has that crosswalk right on First Street and it has stop signs on both ways and it says, 'Stop when pedestrians are in the crosswalk." Manager McLemore stated, "You are agreeing to this configuration of that intersection which gets rid of a real conflict point at least in this intersection?" Mr. Doran stated, "I am." Mayor Partyka noted that "The exhibit we are looking at Mr. McLemore is Exhibit 'c' in our handouts of the packet that is dated 10/25." Manager McLemore added, "The u-shaped drive." . "FOR THE WENDY'S SITE IN THE TOWN CENTER, THAT WE APPROVE THE DRIVE-THRU CONFIGURATION NOTED AS EXHIBIT 'C,' WHICH INCLUDES THE U-SHAPED DRIVE-THRU ACCESS AND IT WOULD HAVE A PEDESTRIAN CROSSING THAT IS A RAISED FOUR FEET PAVER TYPE APPARATUS THAT IS SIGNED WITH WARNING SIGNS THAT THE,RE ARE PEDESTRIANS AND THAT YOU MUST STOP FOR A PEDESTRIAN OR WHATEVER STAFF FEELS IS APPROPRIATE IN NORMAL TRAFFIC CONTROL GUIDELINES FOR THAT AREA." ,MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "THAT DOES INCORPORATE THE RECONFIGURATION OF THE OLD DUAL ACCESS INTERSECTION- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 13 OF 24 IT WOULD BE DIRECTLY ON THE NORTH SIDE OF THE PARCEL." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION AND THAT WOULD BE THAT THAT PORTION OF THE U-SHAPED BE MOVED OUT ON THE EASTRL Y SIDE OF THE BUILDING TO GIVE A LITTLE MORE GREEN - AT LEAST FIFTEEN FEET (15') BETWEEN THE BUILDING AND THE DRIVE- THRU FOR LANDSCAPING PURPOSES, WITH THE WESTERLY SIDE, AS YOU ARE EXITING THAT TO HAVE IN THAT AREA THAT SOLID LINE THAT IS COMING DOWN THROUGH THE CENTER BETWEEN THE TWO (2) ARROWS - HOW CAN WE ADDRESS THAT SO THAT EITHER WITH A PAVER OR A LINE OR A SEPARATION - AND THE LANDSCAPING IS NOT THE ANSWER - SOMETHING THAT INDICATES THAT YOU DO HAVE A SECONDARY TRAFFIC FLOW." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER McLEOD NOTED, "IN THE EASTERLY LANE COMING BY YOUR BUILDING, WHEN I GET TO THE STREET I ACTUALLY WANT TO TURN RIGHT. I HAVE GOT TWO (2) CARS THERE - I SEE IT IS ONE-WAY - BUT THE STREET I AM ENTERING INTO IS A TWO-WAY, I WANT TO TURN FROM THAT LANE, AND I WANT TO GO TO MY RIGHT COMING OUT OF THERE - THE CAR ON MY RIGHT, WANTS TO TURN LEFT. WOULD THE ENGINEERS ADRESS THAT PLEASE." FURTHER, COMMISSIONER McLEOD STATED THE MOTION WAS "ON THE EASTERLY SIDE, TO MOVE OUT THAT U-DRIVE AT LEAST FIFTEEN FEET (15'), ON THE WESTERLY SIDE, ADDRESS THE FLOW OF TRAFFIC COMING OUT OF THAT WENDY'S." VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. ~y: 8ROWN,WARD,SALZMAN&WEISS,P~A.j 407 425 9596j Aug-8-01 4:10PMj Page 2 .' I ATTACHMENT C FIRST MODIFICATION OF AGREEMENT , A First Modification of Agreement made and entered into as of this _ day of July, 200 I, by and between JOe CALHOUN, INC., a Georgia corporation. (hereinafter refelTed to as "JDC"), and the CITY OF WINTER SPRINGS, a municipatcorporation existing under the laws of lhe Slate of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, JDC and the City previously entered into that certain Agreement dated as of August 1, 2000; and WHEREAS, JDC and the City desire to modi fy the terms and provisions of such Agreement NOW THEREFORE, in consideration of:the terms and conditions set forth in this Fist Modification of Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the City and JOe agree to the following: 1. The provisions of subparclgraph m. (e) and other provisions ofthc Agreement pertaining to the two. story 30,240 square foot building which is contemplated to' becon!>tnlcted 011 the corner of Slat~ 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 (18) months after JUe's closing on the JDC Property within which to commence construction of such building on the corner of State Road 434 and Main Street. The City acknowledges and confinns that the pennits. certificates of occupancy and other permits for development of other ponions of the IDC Property will not be withheld or delayed during the period prior to JOe's commencement of such construction on the comer of Stale Road 434 and Maiu Street. 2. The provisions of the Agreement are hereby modified to memorialize the recent understanding and agreement of the panies that the City has no objection conceptually to thc ~onstruction of a fast foodrestauranrlex(lted internal to the site ,itlth~vi'cinity ofthe'roundabout. JDe acknowledges tha.l the precise configuration and other,details relating to the proposed fast food restaurant must be reflected,:in a site!pHm aild other submittals required under the City Code wilh respect to which final City approval(s) must be obtained prior to commencement of construction, 3. The provisions of this Agreement are hereby furthel' modified to memonahle 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 amended to memorialize the agreement of the parties that as of roc's closing of the purchase of the JDC Property, the City shall be fully obljgated to construct, at ils cost ~nd ex.pense, the Main Street Page lor 4