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HomeMy WebLinkAbout2003 05 27 Regular A JDC Calhoun Proposal 052703 Regular "A" JDC Calhoun Proposal Page 1 of 1 COMMISSION AGENDA ITEM A Consent Informational Public Hearing Regular X May 27, 2003 Meeting Mgr. ~ Authorization Dept. REQUEST: J.D.C. Calhoun requesting the City Commission to consider removing the May 12, 2003 Regular Agenda Item "G" from the table for consideration. PURPOSE: This agenda item is needed to hear a proposal from lD.C. Calhoun relative to resolving the second floor issue of Building One. CONSIDERA TIONS: On May 12, 2003 the City Manager presented a proposal to amend the development agreement between the City and J.D.C. to allow for restaurants and common areas to be constructed without floors between the first and second floor of the building, thus utilizing the entire two story height of the building for one floor. J.D.C. Calhoun was not supportive of the City Manager's proposal and after a lengthy debate asked for the item to be tabled. J.D.C. Calhoun has requested that this matter be placed on the May 27, 2003 Agenda for discussion. FUNDING: N/ A RECOMMENDATIONS: It is recommended that the May 12, 2003 Regular Agenda Item "G" be removed from the table for consideration. ATTACHMENTS: N/A COMMISSION ACTION: . . . 051203 Commission Meeting Regular uG" Building One Town Center Phased Construction Page I of4 COMMISSION AGENDA ITEM G Cons.ent Informational Public Hearing Regular X May 12, 2003 Meeting Mgr. tv-- / Deot. Authorization REQUEST: City Manager requesting the City Commission to approve an amendment to the Development Agreement between J.D.C. Calhoun and the City providing for the phased construction of Building One of the Doran Development based upon the conditions provided herein. PURPOSE: This agenda item is needed to authorize the phased construction of Building One of the- Doran Development. .. CONSIDERATIONS: On August 8, 2000, the City entered into an agreement with Doran which as amended provides in Section ill f: "the drug store anchor (or other use as contemplated herein) on the corner of Main Street and State Road 434 and the building located along main Street shall be a minimum of two (2) stories, but the second and higher stories may consist of a shell story consisting of finished. exterior walls, roof, windows, and other surfaces and an unfinished exterior. All shell stories shall be designed and engineered so as to accommodate occupancy at a later date." As stated, the original plan was for Building One to include a Walgreen's anchor store. Subsequent to the agreement the planned Walgreen's or other major pharmacy anchors has failed to materialize. As a result, Doran desires to utilize Building One principally for restaurant tenancy. . . . 051203 Commission Meeting Regular "G" Building OneTown Center Phased Construction Page 2 of 4 Restaurants often have very specialized requirements and specifications which could result in the need for a two story open ceiling rather than flooring for a second floor. Although, negotiations are on-going with several interested tenants, final design requirements are as yet unknown. However, Doran desires to go ahead with construction of the building shell to help intensify tenant interest in the building. In order to do this the building shell needs to be built as a speculative type building with final deign of interior spaces being permitted on a tenant by tenant basis. Speculative buildings with phased construction are common. Staff does not have any problems with this approach subject to the special conditions listed below. However, staff does not believe that this type development is consistent with Section ill f of the development agreement for two reasons as follows: 1. The development agreement provides for a major pharmacy anchor. As stated that has not materialized, and 2. In staffs opinion the development agreement envisioned second story occupancy with flooring between the first and second floor. Staff believes that quality restaurants would have a better development impact on the Town Center than a major pharmacy. Additionally, staff does not have any problems with phased construction provided the following conditions are met. a) A Certificate of Completion of the building shall be required signifying completion of the building shell in accordance with plans and codes. b) Certificates of Occupancy will be issued only to tenant spaces which are constructed in accordance with the provisions of this agreement and all applicable codes. Each tenant building permit and certificate of occupancy shall stand on its own. c) For restaurant and common areas only, Building One flooring for the second story may . be fully or partially eliminated to accommodate the design needs of the restaurant tenant, and the Developer. d) Where modifications of the original approved building plans are required to meet the provisions of this agreement, these modifications shall be made to the satisfaction of the Building Official, Fire Marshall, and other pertinent City Staff, but shall not require Commission approval. e) All temporary and permanent walls shall be two-hour fire rated walls. . . . 051203 Commission Meeting Regular "G" Building OneTown Center Phased Construction Page 3 of 4 f) The sprinkler system of the shell building shall be constructed to meet the maximum potential build-out of the building as determined by the fire Marshall. g) The walls and foundation of the shell building shall be certified by a registered professional structural engineer to meet the maximum potential build-out load of the building. h) The shell building shall be fully air conditioned to accommodate the maximum potential build-out of the building. FUNDING: N/A RECOMMENDATIONS: It is recommended that the Commission approve the phased construction of Building One of the Doran Development in the Town Center as follows: 1. A pharmacy anchor may, but shall not be required to be part of the occupancy of Building One. 2. Building One may be, but shall not be required to be built as a speculative phased construction type building. 3. If Building One is built as a speculative phased construction type building the following conditions shall be required. a) A Certificate of Completion of the building shall be required signifying completion of the building shell in accordance with plans and codes. b) Certificates of Occupancy will be issued only to tenant spaces which are constructed in accordance with the provisions of this agreement and all applicable codes. Each tenant building permit and certificate of occupancy shall stand on its own. c) For restaurant and common areas only, Building One flooring for the second story may be fully or partially eliminated to accommodate the design needs of the restaurant tenant, and the Developer. d) Where modifications of the original approved building plans are required to meet the provisions of this agreement, these modifications shall be made to the satisfaction of the Building Official, Fire Marshall, and other pertinent City Staff, but shall not require Commission approval. . . . 051203 Commission Meeting Regular uG" Building OneTown Center , .A. a.... ., n. - - On - -. (\(L, Phased Construction vv-~ ~ ~ Page4of4 e) All temporary and permanent walls shall be two-hour fire rated walls. f) The sprinkler system of the shell building shall be constructed to meet the maximum potential build-out of the building as determined by the fire Marshall. g) The walls and foundation of the shell building shall be certified by a registered professional structural engineer to meet the maximum potential build-out load of the building. h) The shell building shall be fully air conditioned to accommodate the maximum potential build-out of the building. ATTACHMENTS: Development Agreement Section III f. COMMISSION ACTION: ~ l'1. ~ <q: ",,) f I 01 I . . . " l\o' In consideration of the mutual promises and consideration set forth in this Agreement, IDC intends to permit and develop a three phase Town Center development project on IDC Property located within the Town Center. IDC agrees to permit and develop the project under the terms and conditions of this Agreement and the Town Center District Code. The final site plan approved for the three phase project shall be in substantial conformity with the Conceptual Site Plan unless otherwise approved by the City during the City's Town Center development permit process. The City acknowledges that the layout of the Conceptual Site Plan is generally in accordance with the Town Center District Code. Unless otherwise approved by the. City, the final site plan shall be designed and implemented as follows: a) The development of the final site plan shall be in three phases as depicted on the Conceptual Site Plan. Phase I is required to be constructed and shall be constructed in its entirety. and Phases n and In shall be. constructed if IDC determines that market conditions permit such construction. At IDC's discretion, IDC may develop the final site plan in less than three phases if market conditions permit a more expedited development of the IDC Property. In addition, IDC may, at its discretion, develop Phases II and III in portions. b) In accordance with Phase I of the Conceptual Site Plan, the City agrees and acknowledges that upon IDC complying with the permitting requirements of the Town Center District Code, Phase I shall consist of: (i) ~rgt(jcery . Store anchor building consisting of.,: apprljximately 44,000 retail square feet;~.cii) not less than 63,840 square feet of additional retail development at the corner of Main Street and State Road 434 and along Main Street inclusive of unfinished shell space pursuant to paragraph I1I(f) of this Agreement; and (iii) a parking ratio of up to five (5) spaces per i,oOO retail square feet. c) The drug store anchor which is contemplated to be constructed on the corner of State Road 434 and Main Street may, at IDC's discretion, be permitted and constructed at another location along State Road 434. If so permitted and constructed, the drug store anchor will be included as part of Phase I and another retail use shall be permitted and constructed at the aforementioned comer in Phase I or Phase II. The City and IDC acknowledge that a restaurant and/or bank/office use would also be suitable at the aforementioned comer. - d) All phases of retail development on the IDC Property, in addition to the grocery store anchor, may be up to 272,000 retail square feet, unless otherwise agreed to by the parties. Provided, however, the City encourages development in excess of316,000 retail square feet. e) IDC shall not permit or construct more than 45,000 square feet of buildings beyond ~ Phase I of the Conceptual Site Plan unless the next building permitted and constructed is the 7?f northern most retail building on IDC Property along Main Street as depicted on Phase II of the Conceptual Site Plan ("Final Main Street Building"). The Final Main Street Building may be permitted and constructed simultaneously with another Phase II building above the aforementioned 45,000 square fo<;>t threshold. Notwithstanding IDC may permit and construct the Final Main Street Building sooner than required by this paragraph. The City strongly encourages IDC to permit and construct the Final Main Street Building during Phase I. f) The City prefers that all buildings constructed on the IDC Property be two (2) to four;, (4) stories in height and that each story be suitable for occupancy. To that end, IDC and City Page 3 of _ "'7 J ~ . J:~ . ,. I . . . . .. ..., agree the drugstore anchor (or other use as contemplated herein) on the corner of Main Street and State Road 434 and the buildings located along Main S.treet shall be a minimum of two (2) stories -: but the second and higher stories may consist of a shell story consistin offinished exterior walls, roof, windows, an 0 er surfaces an an u ms e mtenor. Ap shell stories shall be designed and engineered so as to accommodate occul?ancy at a later dat~. The City agrees that all other buildings on the IDC Property may be one (1) story occupancy buildings provided that IDC constructs the buildings to a height of at least two (2) stories in order to achieve the vertical character and scale required by the ToWn Center Oistrict Code. IDC agrees that such one story occupancy buildings will incorporate a parapet wall, which the City hereby deems acceptable, or other architectural feature suitable to the City that visually make the buildings appear to be at least tWo 2) story build~gs on all sides.. However, nothing contained in this paragraph shall prohibit om cons ructmg occupancy buildings of two (2) to four (4) stories, where not otherwise required by this Agreement, if IDC detennines that market conditions would allow such construction. ~ I~~ f'-~ G'Il g) The City prefers parallel parking along Main Street but agrees .to construct diagonal parking as depicted on the Conc~ptual Site Plan to the extent market conditions, in the sole discretion of IDC, require the additional parking spaces afforded by such diagonal parking. If said diagonal parking is constructed instead of parallel parking, IDC agrees. to donate to the City the additional right of way which may be needed to construct the diagonal parking. Nothing contained in this Paragraph In (g) shall prohibit the City from constructing diagonal parking .along Main Street at its sole choosing and discretion. h) IDC, at its discretion, shall be allowed to delete the buildings depicted on .the Phase II Conceptual Site Plan which are west of the grocery store anchor, provided JJX'. ~llhmits a site I acce table to the Cit that substitutes the buildin s with: (i) parking; (ii) a pocket park or not greater t an 1200 square feet (unless a larger pocket par is agreed to by IDC) which shall incorporate a kiosk, gazebo, pergola, water fountain or similar architectural feature; and (ill) a landscape buffer for facilities along the rear of the grocery store anchor. The City agrees not to unreasonably withhold such acceptance provided the site plan complies with the City Code. IV. IDe's Initial Oblieations and Conditions. Upon the Effective Date of this Agreemen( IDC agrees to perform the following: a) Promptly use all reasonable and best efforts to complete the acquisition of the IDC Property pursuant to its existing contract rights and provide written notice of the acquisition to the City. However, in the event that IDC does not acquire fee simple ownership of the IDC Property by the closing date set forth under the terms of the existing purchase contract, then this Agreement shall be automatically terminated and nullified, in which event the parties obligations under this Agreement shall be and become null and void and of no further effect. IDC shall promptly provide the City written notice if IDC fails to close on the IDC Property. b) Promptly use all reasonable and best efforts to secure a grocery store anchor and a drug store anchor as contemplated under Phase I of the Conceptual Site Plan. lD.....the event JDC is not successful.in securing both the roce store anchor and dll.l store anchor IDC shall have die right to termma e IS greement by providing prompt written notice to the City. IDC shall ....... ~ _....:a.-... . Page 4 of _