HomeMy WebLinkAbout2006 11 14 Other Staff Report Memo for Special Meeting
Date: November 14, 2006
The attached documents were discussed during
the November 14, 2006 City Commission
Special Meeting, during the discussion of
Regular Agenda Item "300."
. ..,;
TO:
Mayor and Commission
George Tullos, JDC
FROM:
Ronald W. McLemore, City Manager
DATE:
November 14,2006
REFERENCE:
Staff Response to Town Center Phase II Implementation Agreement
IDC Draft of November 13, 2006.
Staff has reviewed the draft Town Center Phase II Implementation Agreement provided by JDC's attorney
last week and has the following comments:
1. Recitals - No objection
2. Authority - No objection
3. Obli2ations and Commitments
3.1 Approval of Concept Plan
JDC Request - Revised concept plan with 383,000 sq ft of retail, 465,000 sq ft office, and 935
multi- family, up to six story buildings. City "grants any and all variances" associated with Concept
Plan.
City Response - No objection to development mix or height. Add two story minimum language.
Concept Plan should follow DRC process in place (application, fee). Concept plans lack sufficient
detail to granting "any and all variances" and is not recommended.
Recommendation: Drop Phase "lIB" Revised Concept Plan from this provision and deal with it
separately.
3.2 Future Changes in Mix of Uses
JDC Request - Allows changes to the mix of uses as long as they are consistent with the trip
generation matrix.
City Response - Staff and City Commission need to have the authority to review any significant
changes to the mix of uses - recommend staff review with appeal to the Commission.
3.3 Phasing of Project - No objection
3.4 Roadways - City agrees to amend Town Center Master Plan upon final approval
3.5 Utilities
JDC Request - City to reimburse for all onsite water, sewer, and drainage improvements and for a
pro rata share of the Detention Pond costs.
City Response - No reimbursements for water and sewer. The City's contribution was to bring
utilities to the Town Center at a cost of$500K. Drainage and pond reimbursement will be limited
to the pro rata share needed for Spine Road since the detention pond serves the JDC site and Spine
Road only. There is no oversizing for other development. City will pay for oversizing if it occurs.
3.6 State Road 434 FDOT Traffic Iss~es - No objection
3.7 Approved Plans
JDC Request - City to grant any and all variances of all plans, elevations, specifications, aesthetics
and other materials for Phase IIA approved on June 12, 2006.
City Response - Variances are always stipulated. Deviations not discussed as part of the approval
process need to be brought to the Commission for consideration. Variations in detailed design from
the Concept Plan must be reviewed by DRC and the Commission. The Commission could delegate
the variances from Concept Plan to staffwith an appeal to the Commission.
3.8 Parking
3.8.1 Temporary Parking
JDC Request - Pad for temporary parking north of McDonalds available until south garage building
permit is submitted and 30 days notice provided to City.
City Response - Specify number of spaces. Specify removal to be when the Tuskawilla on-street
parking is available, completion of north garage, issuance of the south garage building permit, or at
another location nearby. Staff prefers upon completion of the North Garage.
3.8.2 Garage Parking
JDC Request - JDC to provide 62 spaces (34 initially in north garage and 28 in south garage) at
$15K each.
City Response - Agree to the purchase of 62 spaces as provided. Location and restriction language
regarding assigned, unassigned, residential, non-residential parking as addressed in 4.3 of the City
version should be retained.
3.9 Spine Road
JDC Request - City to reimburse JDC all costs of Spine Road with no cap estimated at $2.3 million.
City Response - City will construct Spine Road within 24 months of the 1 st building permit for
Phase IIA. JDC shall dedicate the Spine Road right of way to the City. The costs to oversize
drainage infrastucture within Spine Road will be prorated according to the benefit to Spine Road
versus the project. The cost assigned to the project will be deducted from the reimbursement to
JDC for the pond and associated piping as discussed in 3.5 above.
3.10 Impact Fee Freeze
JDC Request - City to freeze Police, Fire, Parks, Public Buildings, and Transportation Impact fees
until July 1, 2009. Reduce all impact fees by 15% and fix them until the last CO issued in Phase
IIA.
City Response - Freezing of impact fees cannot be made for selective projects. Any deviation
would require payment from the City. Retain language agreeing to freeze impact fees to October 1,
2007. As in Phase I, any reduction in transportation impact fees will need to be documented as
outlined in the code.
3.11 East Market Square - No objection
3.12 Phase lIA and lIB Infrastructure Conditions
3.12.1 Infrastructure Standards - No objection
3.12.2 Infrastructure Timing - No objection
3.12.3 Right of Way Conveyances - No objection except City does not install or maintain
streetlights and Progress Energy will likely not allow JDC to install wiring.
3.12.4 Water and Sewer Reimbursement
JDC Request - City shall reimburse JDC all water and sewer construction costs in the road
rights of way.
City Response - As stated in the response to 3.5, water and sewer infrastructure costs should
be borne by the Developer except any oversizing requests.
3.12.5 Stormwater Reimbursement
JDC Request - City shall reimburse JDC for the portion of stormwater improvements
benefiting all roads and parks and any Off-site development.
City Response - City shall reimburse JDC for the portion of stormwater improvements
benefiting Spine Road only. No Off-site development benefits for stormwater are
contemplated at this time. The stormwater system serves JDC and Spine road only.
3.13 Reconstruction of East Tuskawilla Sidewalks
JDC Request - City to reimburse JDC all costs for reconstruction and utility relocation on East side
of Tuskawilla Road from McDonalds to Magnolia Park and retain angled parking.
City Response - City will reimburse JDC up to$250K for reconstruction and conversion of parking
to parallel. JDC must fund the relocation of drainage and utilities. The prior owner was given
opportunity to comment on plans, but provided none.
3.14 Reimbursement Procedure; Private Undertaking - No objection provided
reimbursements are limited to costs as previously discussed
3.15 Security; Bonding
JDC Request - One year Maintenance Bond
City Response - Two year Maintenance Bond required by Code.
3.16 City Right to Complete Infrastructure Projects Upon JDC's Default - No objection
3.17 Amphitheater; Magnolia Park
JDC Request - Donate 0.25 acres adjacent to Magnolia Park to City and receive $200K in Park
Impact Fee credits and the property reverts back to JDC after five years if City does not build
amphitheater.
City Response - Impact Fee credits should be linked to fair market value according to a competent
appraisal and no reversion clause.
3.18 Small Neighborhood Parks - No objection
3.19 Expedited Permitting - No objection
3.20 Phase IIA Town Center Code Waivers
3.20(A) - Building Depth and Width - No objection
3.20(B) - Build-to-lines - No objection
3.20(C) - Exterior Access - No objection
3.20(D) - Balconies
..
JDC Request - 6 foot balcony rule shall not apply except as shown on the Concept Plan and upper
floors shall be a mix 2 foot and 4 foot balconies.
City Response - Prior direction of the City Commission and Code - 6 foot balconies on 2nd floor
and a mix of 2, 4, and 6 foot balconies on upper floors. City has offered a compromise of minimum
six feet at the entranceways to buildings on Tuskawilla Road and otherwise per plans.
3.21 Specimen Tree Removal- No objection
3.22 Special Parking Conditions Relating to Restaurants - No objection if the "sit-down"
term is removed (all restaurants treated the same).
4 to 22 - No objection subject to City Attorney review
Issues and Details in City Version Not Addressed in JDC Version
· The 693 required parking spaces shall be built as approved July 10, 2006 in the final engineering
(Garaged, non-garaged, assigned, unassigned, location in the garage, building occupancy
limitations).
· City requested to purchase 108 spaces in south garage or in Phase lIB.
· Temporary valet service with not less than 60 spaces on Building 5,6, and 7.
· City to provide 30 temporary spaces in Magnolia Park.
· South garage buffer building - Propose compromise with Paragraph A and B in the City Agreement
remaining and C amended to approve South Building Concept Plan building enhancements as
proposed by developer.
Cc: Community Development Director
Utility/Public Warks Director
City Engineer