The URL can be used to link to this page

Home My WebLink About2010 09 13 Regular 600 Proposed Charter School In Town Center Status Update COMMISSION AGENDA Consent Informational ITEM 600 Public Hearing Regular X . :6 V--- September 13, 2010 � r 6, - �y- Meeting Mgr. / Dept Authorization REQUEST: The Community Development Department requests the Commission remove from the Table and then receive a status update for the proposed charter school in the Town Center and provide direction regarding the previously tabled development agreement. SYNOPSIS: This agenda item updates the City Commission on the status of the fiscal and traffic impacts from the proposed charter school. BACKGROUND: • The proposed project is a 50,000 square -foot two -story charter school located on an 8.7- acre crescent - shaped site at the northwest corner of S.R. 434 and Central Winds Drive in the Town Center. • A concept plan for the proposed charter school was approved at the June 28, 2010 City Commission meeting, subject to conditions including approval of a Development Agreement (DA). • A special exception for a building footprint larger than 20,000 SF was approved at the July 12, 2010 City Commission meeting, conditioned upon approval of a DA. • At the August 23, 2010 Commission meeting, the Commission tabled a proposed DA for the charter school and the Commission requested additional information regarding the fiscal and traffic impacts of the project. • The purpose of the DA is to memorialize the commitments and waivers identified through and beyond the civic site designation, special exception, and conceptual site plan approvals. September 13, 2010 Regular Item 600 Page 2 CONSIDERATIONS: • At the August 23, 2010 Commission meeting, the City Commission requested additional information on the proposed charter school's fiscal and traffic impacts. These issues are discussed in detail below. • Fiscal Analysis: The fiscal analysis addresses the impact of removing the school site from the City tax rolls and the items proposed to help offset the loss of tax revenue from the school site. Development of the site as a school would remove the property from the tax rolls in an estimated amount of $17,900 per year. The $17,900 loss in tax revenue is based on a completed project having a total value of $6.93 million, consisting of $1.13 million for the property (based on the current undeveloped property assessment) plus the $5.8 million proposed construction value of the school building. The table below shows the estimated annual loss of tax revenue and the recurring items proposed to help the City offset this loss. Recurring Fiscal Analysis for Charter School (all costs are per year) Offsets Losses Loss of Tax Revenue $17,900 Offsets - Recurring: Payment in Lieu of Taxes for City Services $5,000 Joint -Use of School Facilities for City Summer Camp $2,500 Central Winds Meeting Facilities $4,800 Highland Games (parking, shelter, registration) $800 Fourth of July Celebration (parking, shelter) $400 Onsite Sign Easements (two locations) $1,900 Total: $15,400 $17,900 Attachment B provides a more detailed description of the offsetting revenue items listed above. The table above does not consider any non - recurring costs, such as the provision of public sidewalks and parallel parking along the property frontage, the economic September 13, 2010 Regular Item 600 Page 3 benefits that could accrue to the City through the procurement of local supplies and services, or the creation of new jobs in Winter Springs. As a comparison, the potential tax revenue for the property has been assessed for both a residential as well as a commercial development scenario, as shown in the table below: Annual City Tax Land Use Revenue Residential (76 Townhomes) $25,340 Commercial (20% floor area ratio) $24,722 Undeveloped (current) $5,000 Note: The residential and commercial land uses include the $5,000 in tax revenue for the vacant property. • Traffic Impact Analysis: A Traffic Impact Analysis Report was submitted by the charter school's traffic engineering consultant to the City for review on Wednesday, September 1, 2010. Staff reviewed the report and provided written comments on Friday, September 3, 2010 (see Attachment C). Staff's review identified a number of concerns summarized as follows: o The proposed east/west trip distribution was imbalanced. o The roadway segment of S.R. 434 from Winding Hollow Blvd. to Central Winds Drive is shown to decline from Level of Service (LOS) D to LOS F based on the project's traffic impact. o The Central Winds Parkway / Central Winds Drive intersection is projected to experience unacceptable delays during AM and PM school peak hours. o The traffic analysis shows several intersection approaches having back of queue lengths exceeding the available storage. o Staff's observed onsite PM car line queue lengths at the existing charter school in Longwood indicate the new school will likely need car line storage in the range of 150 -160 vehicles, which exceeds the available storage in the approved concept plan. The applicant has submitted two alternative plans to address this comment and Staff is reviewing these plans as of Tuesday, September 7, 2010. See Attachment F for the two submitted alternate plans. It is expected that by September 13, 2010 the applicant will have reviewed and responded to Staff's comments, and Staff will provide an update at the September 13, 2010 meeting. A right -turn deceleration lane on S.R. 434 westbound at Central Winds Drive is not warranted by the traffic study because the projected roadway PM peak hour right -turn volume of 100 vehicles per hour does not meet the minimum threshold value of 110 per City Code Section 9 -206. It should be noted that the charter school has minimal impact September 13, 2010 Regular Item 600 Page 4 on the roadway PM peak hour (5:00 -6:00) turning movement volume since this is not during the school's normal operating hours. The school contributes a higher right -turn volume during the school's peak hours; however, the existing right -turn volumes are much lower during these periods and the total right- turning movement volume is still well below the minimum threshold. FISCAL IMPACT: The Fiscal Impact of the proposed charter school is discussed above under "Fiscal Analysis" and in Attachment B. COMMUNICATION EFFORTS: The Commission Agenda has been posted on the bulletin board outside City Hall, on the City's electronic sign; the agenda is electronically posted according to the City Clerk's procedure. RECOMMENDATION: Staff recommends that the City Commission review the enclosed information and provide direction regarding any issues to be addressed in the Developer's Agreement to be considered at a future Special or Regular City Commission meeting. ATTACHMENTS: A Approved Concept Plan B Offsetting Cost Analysis C Traffic Impact Analysis Review Comments by City Engineer D Revised Queuing Plans (Options A and B) E Draft Development Agreement ELEMENTARY CHARTER SCHOOL ATTACHMENT A - CONCEPT PLAN ■ WINTER SPRINGS, FLORIDA �` ' PRC�IECT �ATi4 � � � � YF �. = PRIMARY HtERARCHY; ' � fi � �,; . : � Stllt➢ING BEIIG. AREA �SF) '�. R�Q'D. PARK[NG .. .PROVIDED PARKING_PARKING CALG n � ^ ` ,� ` � K. � . . � � . . ,, � ", - ' ' . _ � . ,. .. 4 ° CHARFER S3CfID4?L[F'{MO-STQRY} SQ,OQ65E Zj 57 PAVED 1 PER STAFF [65 EST.I ' �E ; R�L �I�N�� MR� :a,. `�i��3�� c �, �-- �` „ i.:� , � 34 UNPAVED PLUS i 7 F�N'�S (55U) : > � �� : s _ ' �� y : : _ ..: ! .. lO+STRE :� � � (�, G1�} ir .#� � ��-----^_",-�-�" � � ,.: i „K :: :. , . �?. . ;:. .. .F`.t"� . �._�.-1-�—` . corsae�e �. $, � ,.�., ': "�i7'�F� OFF tH+! SiTE S'Tl�l(ENG: IO VEHIGLES � ._.,��` �`:_•;° �� [��}, 4 �� • �Ra � r � = .,:. �s, . : = � --'."'��. , � r'^'-" � � � �.,�.'x � � /� .�- �—' � , , ; : M-�� W .,�..,.h.�r- ��._; �F�RM . � RIW) " � c !�� v��" �r•c �` .r� (5� � ' P �—" M. ' :, p- + �=� �' ..,, RE � �- , .. . . : . . - re -: : � .._. � , x, . 1 � �:: � �� .�--�---""��' �~-- � �� ,d" '� , . ', �: -- ,;;�.� �. . �� _ . � x e � � � :. � e ` �,:'� � _ e , ,� , , . , ' � � � �' :;� . �' . _ ', . . _ -�--- . '' � - .. _ \ � ' �,� � ; " . _ ,; .,, � =��zq�a., ;� : _- ,_ ,.. ��. ly`�' ; _✓ � ROUNO SIG � . PAR "�+. �. � . ,.. �'" �, . �� . .E '� . � : v , -�:- , .. .� � �,.. � c�I� nvEr.�NS STRE T S{DE `� . g UTFLt . 4 � ;� . ". . ��. _ .. . . -�: . y TM . ' �. , z=, : .. , , ..,'� " - . � " .. � #. '. �. � ' Y.�,—�. �-"..?��`"�,:� ..:� �.. -:.z � ..,. " � ' f � ij' : � O � � y� , . .-. . , . . ��-- � � � � �..+L�'-^ . , � �= *i; „ , Y '._'�..� , r � � . ��r. � "�. & ._. _�:', � � .' . ,� + i � --°,� �.-.: �, ,,,�:::_ � � � , z� ; � . . �, „ .., .:... .. �. � '. : . , .:,�-.. . ,.. . . . - : ,.,,<, ,- �. a, ---' , ;' , ' , t 5 �.—._,,,�—�.�.—��^'� , , ', " s�.i: :. ,�, �.._ ,;_ ...,.,:H . � ��.... . �'3 ^F � , � ' ",: �.' � ;v� , - ,r; . . . .. . . a � . . � � - �u� � - ;, ,,, . .: � :-;. �.. _ . : ' � ��' ` .. �,-.�� ". `�. � 3 . i � � : : _.�`.,t � g � � ."' � �� ~ ' � � � �""'� ..�,�. ` ' :i� , ' . _, -. .. . � BUS .. N- � . . � . ,�*�' ' ;� a � � � ` � '� ��.� �_ �,.� ,. � ��..._.� �� r . '� � � � .� ,v _ _ .. . : , �, q , . .. ------� ' . �- .: �� ... . . .� �._ � ROII�� ; � .�" - �� _ , ��; "° � �� ' _.P --" ..,�'—_..�— � � � �� E fd C E D P � � � �. � � _.�..--.�..�...- �„ ,.�, ., �. . � . �� ; �,�;.--- _�- �, � � � ._ � �� , _ �.- � �� ; F LAY � AR EA � � �.:_ � � � � � � __°__�__--=.. .: L� � � s �� _ ---r-----...�__ 34 V STA��.�`_—�— � � � " _�.: �`'"� �� r � � .� r --.. `c� R. 4 __� �—�-�- , � . � � ' -n ,, � _ � 1 -c� � �x� � ��.� ,, �. . _ .��:, ,. � _.,._.,,, _..__ - �p . � � �"" __ �rt � . : _ ��,� � ;;�� __--- �,��, , _ ti�.w . , �, .� � �k � , �� . . � �� .,, ,,,�. �I �,. �� , ,, � � a�T � �'� �-�� , , . ,- i � la� � � .... . � . . `? � - R�l �'� '�ui �� li i.��'�- PO • - ,�� _ t �_--_"' �� -+ ti -- � j �\ _ � � ,. �.. ��"``,^� ' RETfNTIQN POND �.,, '.. +4 ;.. :::;�� 1 `T` � t�➢ _" �� - ' _.�.,. � . . . A �,�� r . �, '# > � y,, ,_ � � , _ ..,. , , . �.: -,``� . . . ,.. <; t - M � � b � � . - - " ..�. , -. . � �}t I r ; , � � i � �� EIf � .** :�• � Y �� ti 4 1 �:'---`, . . . � �{, , �'� .. �: ,. -,., [1 y „" " ` " _ � t'3 . /� . i,. � fi �'_�* /' „F.-a, s ��. N T F ..� �� =' .. . ..... . . .:'� \ . . t �t � ��• �� __':-�-��-� �^".=�r �... '£:. ,_ . . �� ..�e _,s � � � _... ..___ f _ � C� ; ., .'..i `� - � r �. � � / "' . , � ,� ... . . ; p_OFF (�60 STACK ` �-``�.� ,� � '' � x , �� ' m; m � , � �: � ' k �':.a# � � '� A. � '� coarc;aE� �vae J ' ., ::. . � . , „ .` . -�" ` 1 �- , _ � . �� PARENT DR� �� . � t� � ^"�` ``^- _ . i , '�. .. . .... . �✓ . t � t � y . v � �- � �� '., � ' ti...� ..:, r--x - "�; 'A ' � , ' �� _ � "� ,..�` ``"�.. \ .,,,,,�, '.,-,. �: �- . � --a � � . ' �' ' � 1 "`— � , !< ,:. �:. �` u � \ � • +,,r�,,, , � �, � �' � `,.-w,„, t �s �_ t'. Q 4 � �a �� Y \ � � � `i- . .. . � �. �s F � � `� .,�, � ,^*. . .,�� .. �I[' w 1 ' ��.FS � � Q � � . ;; � : : �. �Ifsie,� � ... . .: �-; ( 1( i , : _ ! . .. :.:., Q � . . , r .. � � . ..� , . , ` --�°-�, � � t TfRE "• �'� ° � '„� .. � d �" a yi 4 % _ P° � ," - ^ - w �: ,�- � ,', � " ._.;� �� ; , ,,,..,.. Z `Cf 3 i o i o i � 1 . w � � � . ,� � � .., � s � s ; . �' .. . `---_ � FkOM - f # , -: ' = i� i,-�r t . > a ' � ,.p 9 � , ,, '� 1 � ry �y ,� .: -., z :.'. � ;, . ° . . -�MMyM�j —��. . . .-: S. R. q3a � -' � = � - # � { a '�% �,' � r , �� ; � � � �4 ,.. �,�� ( � ,�""'�*�..� - ' , . % �`' �� E Z '. b, �/::i V � w:.: .�. � .., ::' , ��` 45 P1�� : ;: . �^i � ...n^ _ .,, o-. � '� <1' aa ` � �. '.n I . ._,. . s_ ' ..� , M.�"w �� . ,. `_�....:... � � � E .... .�. §; r � d , ', I , .,.,.. , 1- ' -� :€ �� ` ,,^_ -�,,j-�..�,�i` " �� .. .., °,, x � . : � �� ;e' � �;' ;. , �_�€ � t .;� ` _ � � -» , , Q . � „',Y .. �" � � � S � �NP � �'. � ,.�" 1:. ° � / � p 3� : � y -� „+�- _ X .. . , . „ , .,. „ �.. �' � I-1 R � .. , „ "�-�., A _ _ 1`. �,` : ,� „ s:. �. '�"T� „ ,a �� : � � ° - _. � D ,,.-.. ,: �.�'' . 3. ..: , 4. , , � � � . � �, � �, �'_ � � � °,� , ��, � �t� : ,�� a .� � qk/(/ ��-�- G r�'� � 5,, ��`r� �" 'v°1 � ) �„,' o.k_ _ � , >, '',.� ... ;. ., � lR� '�t� :R � a�� L � .:�� ` �, � �� , � < � �_ �v '`� � ,. �'•a► ,:. . � � . � 1 ,. � h � _ � � ,� , Vq�,� C� i � , . � ° x ; � � F �; �. � , ,; - � �- � � . ... , ,: � � ��; �, .;- � :,�= OPEN PARKAREA x � � � �'� ��` : Sl d .. . .. . , . . ... , x.. . ,; , , I. . .:.�. ::, _ ° . . � � � . . ,s , , , � � � w. ,� . _ � �, ,,.,�� i � � �! k'. � - -c„ � � < � � � .. ,_. , x ^�.. ' ' . ' � ,; . !" ' �. ' � . �. �. " x .. . , . _' .� ,x 1' ' < � ,�, +� x � ,y�, r ` � � ��.�r GyE v. p� .z"� �. .^' � ,. � " �" � "� �._; .. ' 4' �,'�i4 v.� � -.� "^'�& . .1„ �` .. - � �. _ � � � .. � , . �'�`'�� , ;. .. . . a f i / \ - 5,? �� 8 �- �.� .:-y' , '>. .. .,»—.., � .. ^ ;, ,,, ', ,N� +E�: ., ,._�,... .,., _ .,bt .� � .: . '-� ' _ �'�;� ��` 1.. ��. ;'-� : . . , � ;:� ` �� .. > , � � ,ii ,: 4 , �, ; . .t � � % . . :,.,. " ... • ' :�:,. " .�� «;t . ,."' � � °� g � � _..�,: . 1 ,». . +"; � ; .: �., .,, -#,..�: _ �i \ . `�:�� . ¢ � _�; , ,.;,,, .�\ � .. ;;;, l r .' �" .'sv: �$�_. �f �, ; " <' � r^ � ,,,,<'_ : . � . � � j �' .. - .' .. c:�. . . . , `s- .�. I € � �__ .. � . �;� c .:� �� j : a. x �;; .� �" . �c��i . - . �= .�,. � ar� :; . ;: ,::, ��.: .,\` i sice (Tra> a�. '� ,?, � ,-�..' ' ., � ..� ..; . :. ..;` „ ¢ � � � t ., � 5 t: � > �. , � $ j ,� , ;�'` , ., , ^ � r �4a i ; � � ;, � , , 4 e+ ,i� '�.�. • .: .�� . ;; , ,. . .. � � % : , , , „ ' 4 . .,.,, �'�� .Y , ' D. " 'r.� � ...� [ '� 7 Y,��a`� �; '� �: � iy9 i� . � : -��: . �.� . =. ii +$ �°'^"" "": ' , � , •. '� :... � •_ .. ,_: :: . .,. �` . ' �'s ::- Mt � +T /ix 's �. � ..:: _ .. , r ;; .. ' , n� '.. , ;,:.� , , ... :�.: � � ;n� ... � _, <:, . .:. � ._� . ,.:; IF .: �_ '� �; "� : ' 3 � �y i� w¢ . � .. ��.- , ti- S-�� = `+E .'. ��. .. . . � � , .. �, � � # �; T . � .�,ys":. - '�`,�� i � �,. � .�.�.�. � „� � , , ,. .� ,; , � �3.:- ;, F 1.=:� .'�; . � �- ��- . �� m. � �, �. ,-�5, �. � ".:. E�- c C „ . s . Y � , . . � . .. � ...; . � ' � . � �^' _ , .: " , . � . .M"� � � � �wr � # S ' �", . � � . � �.,�: �. �� I�I��I f �� I �� ':� � \ _ „ . , � ,: .,-.. , : ;, ! , . , ; �. ..:� . - , . . ..o;=�:': .,' � .».,. , , �.r.'+ .' � ... . , ' .. �.` �. � � . . ' yf ... „ ,... al " �, . � . 1 - v � . �� , � ..1.� i „- E �y., + �`:� �y NO IS .k � r � '� y \ �� . �� '»; , . ,: . . _ . . .. . . :..:. ._ _,....;,,. ..r' ,� � = . . ..'��. � . ._ ,. �.;;�:-� .,..,�,;, - "'e:�"- �k�� . > a�". .,,.. .:- . .=� ,', .. �. & , ,�-_°"'""" ,„, . �' ; � :',, :.. � . , l � ', �.,_ . ,_ "; > OF TH� PAt# ' : U P = . -" ,, �.:� r ...u` � !�?. . : ��.. .�..:sw.� ..��a. ,.�-. .,: � . : .. . .. � � .��_� � � s -� ` ," �€ £°� � .. : <. ..,�... :.. :, . _ , .,,., . . . ,,. � .-� : � . . - . � - ;... .� a ` '. ",- '` , ,.,, �, � � �� .: - SE' . : ie. :,. , �� ,.. ..,' -� : " ',�� w , � ,.::. � " + ab. ,,,,. I .. . : . - r "' . � SIBLE�� f"::� ' ab. . , 1 ,;: . .o: , � '�. , • ,� ,� >..; � ; , ;. . �� . �," . . � .'�.�� . ;.. �� '";"..: • ,.. :;:; : "� .;.�, ,�. . .. -• . .,.. 3 AN � -.+:: �� , : ,. � � ,: � ; � ;�.. o- ° � , ;. � ,. -T . �.;: . � � �° ;. � ....�--� � �, �•» S. �, a,, � `''_ � � � � . �; , ;. : ;;., . _ , ,,.; �� i NTR � . AS „ . , , :. r, �, , _ „.. ,. < , '�s � R �. � �. �, � � � +� �� i?,: i:� LANDSCAPED.'� �,`$� S" � , ,S� � „ .,,,; � � �" �.,.' rfz '. � "' ,` - .' � ,: c ,-i . `� � � :� : q � �,,:-, ; : ;. . '. � , �f& �` ,:. �, ; > �. " "° � � , , '� � :G...� �!� ~• � �< • LRNi�FICSIGWIC , � 7 .. " � :�__.: .. ' � `°- .:s. .. .,F .. ,'. ,�:-::: . ��., �' , i��.�Ar �...:,, r.. ' , , '_ �- . � ,..�� .,; . ._.. .::.� POLE> , . . .E. . . . .�. � .. ., .. . .. , ':��. . .r, . � PND NQk - ' .�s�� , a <:. . � .,..- ., ..: '� s , ;. , , �,3,..:.., . ,. ,- '. , . �':�:. #:�... P� �:. . ;.; . _ .,,. _5y, , _ .,�,�: , �.,; ... � ,:. , � �. 5� I� _ . , ' �:x .,. - . .. � �: . , ,. � .. � �-� � � . .,.�„� . .:. , , � � �" �., 5L)R ° R'�" E �., � � ,- � � � . � , ;: � � . . . N �- � � � .� �. _ . . . -` ,,,�: m. .. �. ` � : _` . , ,, � -�_.,�*-. � ,� � �, ;,: � ', � . °� � - �: . �.,.,. ,; . � �. � � .h � � ;� v r � f �'. �' � L � l': ..: , . ,.. , , . � � ,s_ :.:. , ��. _ �: . , ., . . ., "�:: y , � ..� '' .:.. �:,. z4 , '� . � ' � . .. I ,�'�3��, �. .. . ; , , �::. ' ;:.. .. � ��. �, - :�' . .�.. �X'.i�''. �^ �:''' , fi-' �' , yi G 25 50 �W . ,. . ::.s =, , . , , , ; , ��., � , . : . .. . ; .. . ., s�. ,� '°- "' � f :��: . ,�. /;y < � , � . , : , '�. . - . ': � ', .. � " . . � . : :: ,-:. �'. ; . , ;, : , :.; '�: _ ; :, �. a. k. � ��,_ . . „' . � v' "� r : , z. . �-, �' .. � .:�' .. . ., , .. .� ._ .. � �: ... . . +�s , �� -- '; - '� _ .�:. ., _ �:. � H. :a*_ : . . . ,. . ....:_. . ; . �r. .s ; : � . lIG4. _f� . ,;,�; . ._ �. ..�- :, x .d' =-. .::. �:. . . . ... - „ '° ,.. � . .. . . �.��. ��w�i ;; , ,, , ,, ,,, ,,,, B��KF"°`�EM"`S'"` � MASTER SITE PLAN - D.1 11 30 BUSINE55 CEN I ER flF. t AKC MARY, Fl 31146 407 333.2(%:5 y{ �+� wwrv.hhm us com ybx'+°'a�C+'�'V`3. �.� F'i � AAC00(:�i3 zoio.oi6 os.zi.io ATTACHMENT B Choices in Learning Charter School Offsetting Cost Analysis The amount of city ad valorem taxes for the developed property, assuming a land value of $1.13 million and a building value of $5.80 million, is approximately $17,900. The following economic benefits could accrue to the City if the Charter School were built: • Sign Easements at the southeast and western corners of the property for City use or possible joint use. These sign would be a "Welcome to Winter Springs Town Center" /Central Winds Park sign located at the western end of the property and a Central Winds Park sign at the southeastern corner of the property. The area of these easements is approximately 1,900 square feet. Based upon current rates used by the Florida Department of Transportation for other sites along SR 434, the value of these easement is $1,900 /year. • Payment in lieu of taxes (pilot) for City services - $5,000 /year • Use of the school facility for the City's summer camp. This camp runs 5 days per week for 10 weeks. Based upon the rates that have been paid in the past for a church facility for this event, the estimate is $250 /week. This amount does not include utilities. The total benefit for use of the Charter School for summer camp is $2,500 /year. • Central Winds Park has no meeting/gathering facilities. Most parks over 100 acres have some kind of civic /community building. On any given weekday, there are approximately 1,000 people in Central Winds Park (4,000 on the weekend). All activities would be benefited by an indoor meeting area. Definable benefits area as follows: o Coaches meetings, WS Babe Ruth Board meetings, WS Grizzles Board meetings. There are approximately 4 meetings each month at night. The rental rate for the Civic Center for a 2 -hour night meeting is $120 for residents. The Charter School facility would provide a venue in close proximity to the park. At 4 meetings per month and a benefit of $100 per meeting, the total benefit is $400 /month or $4,800 /year. Use of the Charter School for sports camps would increase this benefit. • Highland Games — Use of the Charter School for registration, parking, and weather shelter for 2 days, based upon the daytime rate of $50/hour — total benefit is $800 /year. • 4 of July — Use of the Charter School for parking and weather shelter and a possible mobile command site for 1 day — total benefit is $400 /year. TOTAL $15,400 Attachment C A D Z 0 Engineering Review Comments Project: Charter School Submittal: Traffic Impact Analysis (1 Submittal) Date: September 3, 2010 Comments by: Brian Fields, P.E. City Engineer Comments on Traffic Impact Analysis dated August 30, 2010: 1. Page 3. In the first paragraph, please note the project driveway is on Hicks Avenue (not Central Winds Parkway). 2. Page 3. The PM peak hour for the charter school is noted as 2:00 -3:00 PM; however, if dismissal is planned to remain at 3:00 PM the peak hour should include the 15 -30 minute period after 3:00 PM when there is a concentrated release of traffic from the car line. 3. Page 3 /Figures 3 and 4. The proposed project trip distribution consisting of 90% west and 10% east appears to be too heavily weighted by the existing student population scatter plot. Over time, the scatter plot would be expected to shift eastward and the trip distribution would more closely follow the existing traffic patterns on SR 434. A more balanced west/east split would be appropriate. 4. Page 9. In paragraph 2, please refer to the City's Comprehensive Plan Transportation Element Amended January 2010 as the latest document (in place of the 2004 reference). 5. Page 9. In paragraph 3, please state that the two traffic count days were school days with normal school operating hours for the high school. 6. Table 2. Please use the latest available FDOT traffic data for SR 434, as requested in the traffic study scope. 7. Page 13/Table 4. On the SR 434 at Tuskawilla Road intersection queues, please clarify how the back of queue lengths were determined for the cases where the queue lengths far exceed the storage capacities. 8. Page 15/Table 5. For the background traffic calculation, please use the larger of: 1) the combined traffic from approved developments; or 2) a growth factor. It is not necessary to combine these two items. 9. Page 15. The AMSouth Bank is built and can be considered part of the existing traffic. 10. Page 15. The second paragraph states all roadway segments studied have acceptable operating conditions; however, Table 6 shows SR 434 from Winding Hollow Blvd to Central Winds Drive would operate at LOS F after the charter school is in place. 11. Page 15. The last paragraph states only the SR 434/Tuskawilla Road intersection operates below an acceptable level of service; however, Table 8 shows the NB left/through movement at the Central Winds Parkway /Central Winds Drive intersection with LOS F and a delay of 416 seconds. Please address the LOS deficiency on Central Winds Parkway NB. 12. Table 5. Footnote #3 refers to a 2% growth factor, but it is not clear where this has been included in the data. Traffic Study Page 1 of 2 13. Table 9. The table shows four back of queues exceeding the available storage lengths due to the project traffic. These are: SR 434 /Central Winds Drive eastbound left (7:00 -8:00 AM) and southbound left (2:00- 3:00 PM); and Central Winds Drive /Central Winds Parkway northbound left/through (7:00 -8:00 AM and 2:00 -3:00 PM). Please evaluate the operational conditions that will exist if the queues exceed the available storage, and identify corrective actions as needed. On SR 434 eastbound at Central Winds Drive, there is room to extend the existing left turn lane further west such that it can accommodate the additional demand from the school. Adjusting the east/west trip distribution as noted in comment #3 may resolve the problem on SR 434 eastbound. 14. At the Central Winds Drive / Central Winds Parkway intersection, for the northbound left/through movement, the long delay shown in Table 8 and the long queue shown in Table 9 indicates a potential conflict between exiting high school traffic and entering charter school traffic. An evaluation of the intersection delays and queues based on 15- minute increments (as opposed to full hours) would help determine if this will be a recurring problem. In order to further reduce this potential problem, the charter school may wish to consider adjusting their schedule by moving school start and dismissal times approximately 15 to 30 minutes later. 15. Page 21. The City observed afternoon queuing at the charter school on Monday, August 30, and Friday, September 3. The current queuing operation at the charter school is different from the operation described on page 21 and shown in Appendix G. On August 30, the maximum number of vehicles in line was 130, consisting of 30 in the student loading area and 100 distributed over five stacking lines at the back of the school. On September 3, the maximum number of vehicles in line was 101. The maximum queue of 82 listed on page 21 seems low but there could be other factors involved. The school staffs operation of the car line was excellent and they have made necessary adjustments in order to make the car line operate as efficient and safe as possible, while removing all portions of the queue from SR 434. For the new school, it is difficult to predict the maximum queue because there are many variables involved (geographic distribution of students, bus service efficiency /availability, car line operation, etc.). At this stage it is recommended to build in flexibility into the site plan that would allow the school to handle a car line queue in the range of 150 -160 vehicles, which is based on the maximum field count of 130 adjusted by a 10% safety factor and another 10% for the larger school size (650/594). The two submitted plans (Options A and B) appear to be on the right track although there may be other options that work better. If there are any questions, please contact Brian Fields at 407 - 327 -7597 or by e-mail at bfields Traffic Study Page 2 of 2 Attachment D Alternative Queuing Plans A and B BREEN CONSTRUCTION SERVICES INC. Ouality Building Solutions 205 West State Road 434 Suite D Winter Springs, FL 32708 Phone 407.542.3961 I Fax 407.542.3964 MEMORANDUM TO: Brian Fields, City Engineer FROM: Matt Breen DATE: September 1, 2010 RE: CIL Queuing Brian, Attached is the revised queuing plan you requested yesterday. Based on your directions, we have accounted for at least 129 cars in the queue line. Here are the major elements of the queuing plan and this is how the plan will work effectively: Supervision and Management As you witnessed during your visit to the current school location, drop off /pick up is a managed process designed to ensure the safety of people and minimize disruption to pedestrian and vehicular traffic. Daily supervision and management of the process by School Staff provides for easy transitions between public roadways and private property. This is a key ingredient that makes the current plan work very effectively and Supervision and Management will be critical elements to the queuing process during drop -off/ pick -up procedures at the new location in Winter Springs. As has been noted before, faculty and staff report to work at 7:30 am and remain at the School until at least 3:30 pm. Student Drop off begins at 8:00 am for an 8:30 school start. Dismissal is at 3:00 pm on most days and generally takes approximately 20 to 25 minutes to complete safely. This timing is important because it eliminates any interface between staff members walking through the parking lot and moving vehicles during the drop -off/ pick -up timeframes. Parking Lot Queuing Under both options, parking lot queuing space will be used initially. As vehicles enter the school campus during drop -off and pick -up time frames, cars will queue in the driveway in a single file line along the west side of the proposed building and continue in this fashion until reaching the parking area. Utilizing Option A, vehicles will continue to move from west to east in a single file fashion. Once the vehicles reach the east side of the parking lot, they will be staged by Queuing Narrative, Page 2 school staff into four parallel lines until the drop off /pick up zone in front of the school is clear and safe. Once the drop off /pick up zone is clear, school staff will allow approximately 30 vehicles to leave the east side of the parking lot in two rows and proceed west to the front of the school to drop off or pick up their children. This process will be repeated until the final car in the queue line leaves the site. With Option B, school staff will direct the queue to form two lines of vehicles, when required, moving in the same direction from the west side of the parking lot towards the east side of the parking lot in a controlled fashion. The parking lot is designed to handle two vehicles moving in opposite directions so the north -south communicating corridors have adequate space to handle drop- off /pick -up in this fashion. Once the vehicles reach the east side of the parking lot, they will be staged by school staff into four parallel lines until the drop off /pick up zone in front of the school is clear and safe. Once the drop off /pick up zone is clear, school staff will allow approximately 20 vehicles to leave the east side of the parking lot in a single file line and proceed west to the front of the school to drop off or pick up their children. This process will be repeated until the final car in the queue line leaves the site. The parking lot portion of the queue line using option A will accommodate 95 vehicles and 115 vehicles using option B. Hicks Avenue Flex Lane If required, the flex lane at Hicks Avenue will be the used by staff to queue and stage vehicles when the parking lot portion of the queue line is at capacity. The flex lane will be accessed by means of a small turn- around that will be constructed on private property. This will allow for the safe transition of traffic from westbound Hicks into the flex lane. The attached plan shows the turn- around and flex lane. Hicks Avenue can accommodate 27 cars queued in single file fashion. Summary Two minor changes were made to Master Site Plan D.1 to allow this parking lot queuing capacity to be increased: 1. The east west communicating corridor to the south of the school building was widened so that it could accommodate three cars traveling at the same time — two lanes of vehicles will be traveling through the queue from west to east and one lane of vehicles will be traveling from east to west as they make there way to the drop- off /pick up zone with Option B. With Option A, one vehicle will be moving from west to east as two vehicles move from east to west. 2. The staging area on the east side of the parking lot was added as shown on the attached drawing. This area will stage 4 rows of cars in parallel lanes prior to moving towards the drop- off /pick up zone in front of the school. ECM BREEN CONSTRUCTION SERVICES INC. Quarry Building Solutions 205 West State Road 434 Suite D Winter Springs, FL 32708 Phone 407.542.3961 1 Fax 407.542.3964 Option A, as drawn, will allow 122 cars to queue safely and effectively on site without impacting the existing Hicks Avenue travel paths. This number can easily be increased by queuing vehicles in the parking area in two rows. Option B will allow 142 cars to queue safely and effectively on site without impacting the existing Hicks Avenue travel paths. Please call me if you have any further concerns or questions regarding queuing. i ' � d �� p ! ''� �OT ' � LOT Z � i °°-°° 419) .s, S R ...r ... y�,�•J L � � 434 � N ..,. ..;;: 1 Y S R N ,� , .� �f_ �-�t::.,'��t ,�r,� g�= rr•'• ► F RME�� , R� ) .� ; � �:��,-��-� r�:::' :�. � �. _ , �.n _ _ ��.._ ' z.w zuo � �50 T � .oC! 4 _+�' v+ '� e i�`t - = � � �- �' �- - �'.ae.et� w2a Smell School Bua 9 . . � t�= �.� µ��{''�'� S-S�j > ,- ��,• -� aa.e� t ,� : s .� NO. 4 � . ,•...,s. •�..:,:r =�.�: __ _ _ _ _ — _ _ _ _ � <.s4 — � � r.� � .o0 43 4 S.R. , . :� �;s��;�;-i=: _ _ � _�;� _: _ � .3.�, _ =�.. , � ��,e��. s.�p -. . _ • _ — _ _ — — _�--- V3��.�� )��Y�� `.�� ' �ER�^�'° - R: ; ,. : ^ ..n:�-.....��Yf��:�_-�_ = '� -_ = = = r `_ - �, -- �_�'�-- . O � '�1:,�.; +•,�r�'� . �°� • �T 5/8°� `�=� � .._ . . ... .. .. . . ' ' .i� r�� • �� t1 • 4 .rs = ^ � i� ri .` . '�.*w.�, ~;o-S.... �N .�T '1c1V"�62 nn "': r '` `;. t ;`�='" "-� ..r :-.�.s S �;,, • '--"„ o. �; .,,_ � � - :�CS � ��`�. �L �_ E L�C�� ► �s == r ,�,:� ��r� ��:�=._ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ u.�_ _ _------- , ,.,. �,, r - 4�--�' ;Y •"•" :5.nds►S'r^+ ::' ::-'�i+' - • -aM' s�_.. _�_�- _ ' � NOT � ze.m � ,� � x'K:;. 6 r' • c�, . � � � .. e�a � �.a � ...m r � .tt � � .� �ts� �.� �. -- �. � .� � � •s' :` ` INCL � . n� ,. Z � �► �_ . - ' ._ .R. s.� H.0 a m.i i.ewse �e � ��as � �• �'��'�� ~� t�' y � m.ss � .� � '��.=- . .xi.n ' � -- �. . - •y�. • �„' ` s_� � .� r. : OE n.v � SET 5/8 1 cr..m�-:e.sr�..�truw�n z� r��. • • i R -.M. � �- �� ' � � � -Sacr � � r i . . - � s NO. 5782 . �ntz ��y •'�~nx ��..t 1 -s � � Toni �,."� '_!-• �pµqLTP ,� , �^`�i-'. .�a 3. `/d�.n u.as Z .� '+i:..+'.'^ 3 �;7+. �, . �, r a�i"' aa � �, ��.�- � -� �� - ' k b � ED O YYER . .u�.� �'�S•� � �� f' —` � �� , � �u � ,�-.. i �.t € � 3. `-`�+--: aa. � - . .r z � � . �w 'r :Ca-�a� t� iia �. , ze�. J � � - ^ � � � � � :ea=-�� _ r , y r .�� s r _ �.� � � N ac72 6� . . . . . _ j�„a.a � +� � �.' �- ) + � , a � �` � ^- _ � �� ., '� ' S7 .s� ' .s�s am 1 �-�" � �� a.0 �.'� ..� s t`t r.a _ � 6e N 4 W � � � � AVENUE) �—� :•., _^--� -• � a e o O 3.T4 _ ., _ � �ED KS �, � � :r:° �-�._ - .. •" ' •' 1056� ' 30�.40 � ., � � _ � �*xa m b a3 44.6 � __ . - _ '-- - ..`' • . -�x� ;_ :2:. r .,. ':�� 7 �.s w o < na n '� e._ _- _ �� ' �• - �- V , - . � r � .. �.�,.. - �( ' ,�. X % xux ''.±. ' � ' _ _ h ` .�,w. � � :�_ m � .e7 . ,� • • � � _ n. � „ � - �' � ♦ � r I , - ....e _ 4n z— . �...0 1 - k.� � ,- � �' .. • ' ' e zs° e .,.,o ' �• . . .�+� - '�irx �� . a.ro �. ' CHAIN L1NK FENCE � �� , °'rJ � • z�.io :e.n MASONRY W/LLL�� LOT ZU i � � �,�. l � t � � 7S'O -� �� • Y177HMETALWULING a � � <_.-'--^ - a � `f •, ��!'�'l s �� -ti'j�w; _ " . • t ...� ° .R. NO. 3778 r'�'N� - j x-"`" !�. r . .,� � .y T .. �s � . . ir+�r x ' ° � RETF.N7qON POND � , � ` ( � � :. � r .: r., " L�WAUC • gs.6o •:" , - � , *- �� ,, " Q �oenuwiv�a.on .a� .>. ot := � - � � � � � �' .�� - � b� b � ,� �l �t� �--�� 4 � � , � � �Z� . "'' � �' _ �: —3:'` � �� '�' I- _ � Bu�._ � � ' � , �_`__.' R+tET R 2815 00 _, r r �' �� °° � ' coHCReTecuRe � r _ L �046 88 . . �_Sf�J.--- �� . g:o • • ' . . � \ �.�; MASONRYWALL ' .Tan 529�55 � Q O ' • , \YVITH btETAL RhILJNC, e � � ., � � -- � � � � � ��; � �f 18 27 � � �� '� O � � V 'AND � C 104D 64 � �� / j O . DI , : � : . ; d.. ' � t .` ; . :- r R „ i i � - �4� L's �. '�"_,' ��,"�.� � z ?�"'� I '. -. -.,..: .,._ ...f z '=.:: , ; �r•. '> •` r ��: ; ' ^ _.-,-..*.. 4 .� .: � i " ' ' � _ '.�� '� ...�,... B �si 2 :.� � e ., �,. :_CB�N75 ��, LO 1E _ ; . � , . - ,: : : , . t : � w �, � ��: � � : � �� _...: , � . ; � '. _ r. :, � _ :T��° ,�, �� .�� .�-�.� �.�� : � . , , �' �' — — - t ' _ � �" � :-,�-�� '�'"�'`�-"�� '�'' �� & Y �� ° � � t � .. . . i - � � � _ . .� INLEf • �� • � � ... ' '� [.,.. . � I � � � , _ .,�-"Y,.s�.v+; � � `.� � , � � � -.. ..,. . �...� ,_..,._,. ..... ; .,._.` ..,., , ._._,... -,. Hq� �-w. - �,c,�-.�^�. rt^ � r ,. • . � . i �� _ � ,. . `. . T p -.• �� ' �-ct: . � . �a � . ti'vy-o^,��"� . c- � ' ��. ..,_. _ . �-_: . _ ._ ..�.. ._ .� .�. .. __.. . �...:,._ ..: . .:� � -..- _ . :��+. .�' ..,3�? �'�� . ` � �' q�'f'bFNl ss v F� . ..� "� � �' � •, X � l i __ __ �� ! � � ` _ ` qsp � ' a�10 az- � �E�' � � • as.w I � � � �. � � pA�MFryT _ � �.eo - _ � - --� �5 S�T� � � � ST "� - �� . �.- _, q � - � 1 ` ` � � (R R�qO � � `�� F .-�� o V�� ,. � ` ` � � (F �'�•T � V ��. y u+t.Er ...�o 1 �� S ECT R �;T p R/F 4 34 R=2817.OD � `� � � O �� 15MA� .,� \ Tano153'81' i i � � � �=6°15'02" ...,� � � C=307.16' � ` `�� 41.70 _ �.�,� CB=N61°37'32"W I ' � � � � I � � � ` �''� � � ATu[ ' � � $��, C�•Y°'/ � ` •s4f0 . ` � \ ' \ \ I LO'T '19 \ � � \ �� I BLOGK � �� o I � � � � D.R M�TGHELL'S SURV� � � OF THE �E� GR�N � � ON �E�ESSUP 5 � � � Mpp BOOK �. PF'C'E \\ I I I D i�c �^-� <S ��- �oT � �oT 2 � � 1 � ns.eo 419) �� Np. 434 �S.R• �' . .. . .... ...r � ,,,�. _ N •��=��'�;� �=�.-��'� �( S.R• . -�'�'�� i-a ' �" -e� - ,- .��• ER �: •f -��:t...nt.. � M � � � .o � �;.� ,�,.�.:�-- � �-• �` _..a _ ..�... FOR , . 'i� 4;�•r.^`• � 5m�� 5`h°a� � p , 419) (50 F? .t. �r;�#ss��%=`•'►� :�� r �'' . . _ �;_= � ' _ _ -- — — —.a5 a, — 46.36 1 Yldm , aDC p N y• y � Y� � V't - . .� ' '� _ _- � �' �, 4 � 8 ' 4 .94 �p.� �� w �o n ' e.00 4 3 4 S . f�' �a� r ' �'.S-' �4;!:�' - . . � �= °� .� ►. �" s� 6a � � �- � = �-- '7Mt �F � �� tE��tu�H�c��.� �� ::�o. ..n��. ,s =��= —_— __=_ .,- ------ =�=------- - - ' �, .�4�� ER �� - Ji .it�`"�}��'��.�'F'•�i'"fi �.-' , �=• S�T � 5 q /6�3�- �:' . . ' L�'r�"�-�� • arv� S.jr..H • V I _ ,� � �� .� 3/82 n • -� �\: •' �� J ^��J��..'�^'! ) � � T.t�Rtf —� � � ]T• �� • � ��5� AVIE. F�.� �� LA�E :° = i�h� � �Ya •.�\r� � ��.;} �= �.�, _ r_ _ �:,__ __ . _ _ _ _ _.� _- _ _ _ --- , . � � S'+ �^k��y.r.z:C' �rn�. ��'� � r. �.49�-� . . . . . . . m.0 �� : >i K. yY .. r .. - av� r4' � � �'hia .� �- � ,� 9 NOT � `.{rt y . y, ;yY,t:i •�" ::1� :�� = s � � - - � � � � � � �' - ^ .".•.• . u.ee ''ssin�r ./�- - -�o�' �.� ' A INCL aiwnaowc�•ew.au�i.n �.�� . {� ..d.Y !'•il��`�t� . ►, � ��- �� i_v � �� ' � SET 5/8" I.R. a...uve - ze.�r i..� vu�vo �al � ` sT � i� h�•,�n.!.n za. � � = , , . .� � • _ �� .�a�%: ..a �ya n N0.5782 m � �� i •+ y�`9 r{�; T•�ti ° ,._ _ . � — �Sasi .�y'� p �T P � . " �., y- � �. �. � `/4h.n aa.35 Z �� .'v•�; ��r��4i ' i ..w • i.N `—T ra-s"'' iaa — � � � --'Saoi _— _� _�- _�" . � .� • r .-N � _' `- `-�- '.r�3- E� Q Y1ER 7� ♦ � �...�• �" -•.M.f� � iix.'r. .�^ • zrs, � — � � � � � ian —'_�- �y h S �� Ms � � � � -� �'� �, � �' � - �' . n. v �'r _� • '�" ' � p. � � �s. N � a,a�'A o� I � � � � � :..'=_'—__ • ' a �„ �-a` � : Im N 4 .5T .s7 �„ � � � .e.,s - � VENUE � _ - -- :.. �� . p _ �_ , � �c _ .. _ .• - ----_— \ . � fTE KS A �� -nso 1056. p� �'.` ,2- o aTa � � '� � a.s, - � . - - . .• • ' �' ; . - � �. rn o a3 a o • 30.4 • " �e� �'�'�-- ' �.:..r � :. " . - V ,� � o o u.s ,: , .: — , � _ _.-, _ � - . -• X, . X • x„ \ `_ . ; • _ t � < aa.» •- • . 20.eo � � . ..r : . � �..-� `.r � 3 � • ^ m. � , 2!. b � a••� y ' •^ .� M1 .�� ' � ��. �: ' �_ m .� T , ... _ :1 ,� � x — � �, �, _ ,� � . e� • z,..o � . � � � .,� I � , _ ,� , _ � .,,o • v-�-' �o � � .�� . z�.�o � CNAINUNKFEtJCE - •� � � /•� I $ •5p'23�E � n,o ` �OT 20 � � - - � . ... „ - ° pr�oo za.m MASONRY WALL _ - � �' . ��" TS.� � �� WITH METAL RlilLING � ' ' �t a - �' 3 ' ,. -�. � �,�. .'� L '� _L�t�'�' � � _ �. , ro : ' � `..�`� ' w _ - .: � .R. NO. 3776 F'E] _' -- % 9• . n ,,,,.. /`•�•�� r � . : S . •• .. 4 ? .. q .. -_,_ ' 28.60 ` •"X RE'TLN' Ti�HP�ND_- � _ N �� , ti , i • r � - �Wnuc � � � f ' �19 - . --� •, /E�.7' � � ° ` , Qi • iowwc�m+t� .noo �. ' t m ' __� � - � : � "'� .,x /O7 _ ^= :, � ' � iP! �' b� b b a �] �_� � _—�� ` � ,� -�°� � � �Z�—_� — _ __� � �i: _ = �� , ��-- --�—I ^^ •. . _ � � '�`` w�tr r R 2815 OD, , r //'' � � CONCRETE CURB � �: ' - L 1046'-86 ,- `��__�� (�/� ` . �� , � �� - . ,. - \.° ... MASOMiY WALL .-. � � ' � � \wrrti MErat ananuc Tan 529 55 .`�' � _ --� ` � , `°'° � 2f �� _ � �� o � � e�p � c ,. r ' C�1040 84 ��, '�� \�� DI l � � , -, •_ � s '� �y'� ..��"�"�`- �� z ' 'lti➢ � LO CB N75 24'i �� - ` r : - n ,�.. f` ,�-.--= - _ _ < .�� h �'- � ,; � � 4 •� � I� � � � . . . . S� -' � - . . � - - �6'�0� �� (('� � � � ST '� � _ � _ _ - � _ _ ` ' k - L "'�e�,-�:�'1.r.t8�. .�.#K�?5r�^9`�-� .� 5 * t • ;'µ,'�^l 1� �[.]� �� '�. ` e �. � � . �i �'} � J � ,� ' . # ^ {.t� � �.L� � � 'rJ � . r �; � _ „ . , . = _.,.y .` : ' _ ��'- t • ��` . � �': � ..__ ... . �_ . _.._ �. ..... �... ..,.-. , _ .-+ . •. z . _. ; qS .-.,.�.;`� �-•'' ��' �--�. ->- . _ _ ' _.�� . �. �. ' t ' ,�� . .. _. . . A!�'�GT �INLET�,s.- avs- � w , t ._ . . . • _ `r � `�� ' � .., -� .. n = �.._ .. �_<� ..: ._:-� - � . '.. �_� _ �. : - _- pq � � � �� MEhr v� � � � � X _ __ _ , � , �, �� _ ' _ / . ± � •�s3o ` _ � � ..�� q� � � � �J ' ` ' M �'T - _�;� � �°�., ;� '�:1 � S -___ � �-�, � — S T � � _ � � � ,_ - - _ � � � � (R R�qO ,o � \ �� F ��L��ll o VEHf':i I ` 1 � 1 S�C R� Vq� c N �' 4 �i mtFr . ...,o �-...� � e T�p T OF W `S ) 4 R=2877.00' i ` � � ` \ ��-26 S�AP •.�.� \ Tano1 3181' � � � � «.s. 0 =6' 15'02° ' � � � C=307.16' `�� 41.70' � CB=N61°37'32"W � � \ � � ` � � � �� ' � � ` SImsN�P) � .s � � � � � � � LOT � � ' � � � g�OCK D � � ` � ' p R M(TGHEI-�'S SURVE'� � GRANT � I • \ OF �E L iFSSUP � ATTACHMENT E THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese, Esq. City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 (407) 425 -9566 CHOICES IN LEARNING CHARTER SCHOOL DEVELOPMENT AGREEMENT THIS CHOICES IN LEARNING CHARTER SCHOOL DEVELOPMENT • AGREEMENT (the "Development Agreement ") is made and entered into this day of August, 2010, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City "), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHOICES IN LEARNING INC., a Florida not - for -profit corporation (the "School "), whose address is 893 E. State Road 434, Longwood, Florida 32750. WITNESSETH: WHEREAS, the School represents to the City that it has the contract right to acquire approximately 8.7 acres of real property, located within the zoning district known as the Winter Springs Town Center, which real property is more particularly described in EXHIBIT "A", attached hereto and fully incorporated herein by this reference (the "Proposed Site "); and WHEREAS, the School intends to develop the Proposed Site as a charter school for grades Pre -K through 5 (the "Charter School ") in accordance with the City's Comprehensive Plan and City Code; and WHEREAS, on June 14, 2010, the City Commission of the City of Winter Springs, Florida (the "City Commission "), unanimously voted that the Proposed Site shall be designated a Civic Site within the Winter Springs Town Center, subject to conditions and provisions of the City's Town Center Code and provided that the School and the City will work in good faith to develop and memorialize in writing the mutual expectations of the City and the School regarding the development of the Proposed Site as set forth below in this Development Agreement; and • • WHEREAS, on June 28, 2010, pursuant to Section 20- 321(c)(1)(c), City Code, the City Commission, acting in its capacity as the Development Review Committee, preliminarily approved a special exception to allow a building footprint greater than 20,000 square feet as prescribed in Section 20- 324(12) of the Code (the "Special Exception "), subject to the execution of this Development Agreement; and WHEREAS, on July 12, 2010, the City Commission granted final approval of the aforesaid special exception, subject to the execution of this Development Agreement; and WHEREAS, on June 28, 2010, pursuant to Section 20- 321(b)(3) of the Code, the City Commission approved the Conceptual Development Plan, attached hereto as Exhibit "B" and incorporated by reference (the "Conceptual Development Plan "), subject to the execution of this Development Agreement; and WHEREAS, the City and the School desire to set forth the following special terms and conditions with respect to the proposed development and construction of the Charter School on the Proposed Site. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. • 2.0. Authority. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act and Section 20 -321 (d) of the Code. 3.0. Approval of Conceptual Development Plan. The School shall design, permit and construct a "school" on the Property that creates a civic site, as described in Section 20- 324(9) of the Code and Section 4.0 of this Agreement, within the City's Town Center. The Charter School development project shall consist of a 2 -story elementary school including grades Pre-K through 5, with a range between 45,000 square feet and 55,000 square feet, as well as appropriate parking, vehicle queuing area, on -site traffic operations, bus drop -off area, recreational areas, and areas for future expansion. School acknowledges that aesthetic enhancements and establishing a civic site are a paramount public concern to the City and the residents of Winter Springs; and as such, School agrees to reasonably and adequately address these concerns during the design and construction of the Project. The City hereby acknowledges and agrees that the Conceptual Development Plan is acceptable; provided, however, School shall have the obligation to further submit and obtain the City's approval of a final site plan and fmal engineering plans. School shall also have the obligation to construct aesthetic enhancements to the Project as depicted in the Conceptual Development Plan and as may be reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic review ordinance. School acknowledges and agrees that the Conceptual Development 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 in substantial compliance with the Conceptual Development Plan. Further, the elevations and roof lines depicted in the Conceptual Development Plan for the school building may have to be adjusted to • Development Agreement City of winter Springs and Choices In Learning. Inc. 2 • the City's satisfaction in order to comply with the requirements under the City's aesthetic review ordinance. As such, School and the City agree that the Conceptual Development 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 Town Center Civic Site designation. 4.0 Civic Site. In accordance with the City Commission's designation of the Proposed Site as a Civic Site, as described in Section 20- 324(9) of the City Code and pursuant to the terms and conditions of this Development Agreement, the Proposed Site shall be aesthetically designed and maintained as a place of special public importance with the architectural details shown on the Conceptual Development Plan, including a tower as a focal point, cornice expressions, stepped parapet facade and expression lines, that together create a civic presence on the Proposed Site. In consideration of the development of the Proposed Site as a Civic Site, building development may not be subject to build -to line requirements or building frontage requirements. S.R. 434 Frontage Road requirements as set forth Section 20 -325 (c) (8) of the Code of Ordinances are hereby waived by mutual consent of the parties and the Charter School building shall be fronted along Hicks Avenue as shown on the Conceptual Development Plan. 5.0 Multiple Phases. The School and the City hereby acknowledge and agree that the orderly development of the Charter School and the Proposed Site is critical to the success of the overall project; and, therefore, the City has agreed to implement an expedited permit review and approval process by agreeing to issue permits in phases to correspond to the phases of development of the major components of the Charter School as follows: 5.1 The City hereby agrees that the School can simultaneously undergo aesthetic review and seek approval of its final engineering plans for the construction of the Charter School (the "Final Engineering Plans "). Subsequent to approval of the Final Engineering Plans, the School may request a pre- construction meeting after which the School can commence the horizontal site development work. 5.2 In accordance with the School's development timeline, the School may then apply for a separate permit for the construction of the foundation of the Charter School building (the "Foundation Permit "), prior to the School's submittal of final plans and specifications for the vertical construction of the Charter School and any related vertical improvements shown on the Final Engineering Plans. The School understands and agrees that the issuance of the Foundation Permit and any subsequent construction based on that permit prior to approval and issuance of building permits for the vertical construction of the Charter School will be undertaken at the sole risk of the School. Any modifications to the foundation, whether constructed or not, that are required in order to enforce the Florida Building Code and is a condition of approval of the building permit, shall be the sole financial responsibility of the School. 5.3 The School may also seek separate approval of a building permit for the vertical construction of the Charter School and any related vertical improvements shown on the Final Engineering Plans (the `Building Permit "). • Development Agreement City of winter springs and choices In Learning, Inc . 3 • 5.4 The City will separately and promptly review and process each of the applications and submissions upon receipt of same for each of theFinal Engineering Plans, Foundation Permit, and Building Permit and in accordance with the additional expedited permitting procedures set forth in Section 11.0 hereof. Once each permit is issued, the School may commence the work permitted therein, and the City will conduct timely inspections as to the components of the Charter School project permitted by each of theFinal Engineering Plans, the Foundation Permit, and the Building Permit, as applicable, and without regard to whether all remaining permits have then been issued by the City for the remainder of the work to construct the Charter School and related improvements unless any unpermitted work or improvements constitute an integral component of the work that is the subject of the inspection and without said work or improvement a complete inspection for the purpose of enforcing the Florida Building Code would not be possible. 6.0 Town Center Street Types. The following streets adjacent to the Proposed Site are hereby designated for purposes of this Agreement and complying with the Town Center District Code: 6.1 Hicks Avenue located adjacent to the northern boundary of the Proposed Site shall be designated as an Edge Drive under the Town Center Code. Both parties acknowledge that the City's Town Center Master Plan calls for the eventual connection of Hicks Drive to the future extension of Orange Avenue west of the Proposed Site. The School shall be responsible for the improvements set forth in this Section 6.1. Particularly and in furtherance of the Edge Drive designation, the School shall improve a portion of Hicks Avenue adjacent to the northern boundary of the Proposed Site by modifying the existing right -of -way ( "ROW") and Proposed Site to include on- street parallel parking constructed within the Hicks Avenue ROW, a concrete sidewalk, and landscape buffer as required for an Edge Drive street type. The City hereby agrees that the School shall have the right to the exclusive use of the parallel parking spaces during the hours from 7:00 a.m. and 4 :00 p.m., Monday through Friday, while the School is in session. The reserved parking spaces shall be available for public use when not reserved for exclusive use by the School. In addition, the parallel parking spaces located from the western edge of the Charter School building to the western edge of the Proposed Site shall be designated a "flex lane" that can be used for vehicle queuing during school drop -off and pick -up times. The School shall install "reserved parking" signs that clearly identify the parallel parking space reserve and flex lane requirements set forth in this Agreement. Upon completion of the Hicks Avenue improvements and prior to the issuance of a certificate of occupancy for the Charter School, School agrees to grant the City an easement for any portion of the landscaping and sidewalk required along Hicks Avenue that is installed outside of the Hicks Avenue ROW. Said easement shall be in form and content reasonably acceptable to the City and the School. Furthermore, the School and City desire that the existing power poles located along Hicks Avenue be removed and the related power lines installed underground by the applicable utility provider during the construction of the Project. In furtherance of this desire, the parties agree to cooperate to accomplish the removal of said poles and undergrounding of said lines to the extent feasible. However, if the School is unable to have the power poles removed and the power lines installed underground, the parties recognize that the location of the landscaping, sidewalks, and parallel parking spaces along Hicks Avenue may need to be adjusted during final engineering in order to accommodate the existing power poles and related lines. • Development Agreement City of Winter Springs and Choices In Learning. Inc. 4 • 6.2 Central Winds Drive located adjacent to the eastern boundary of the Proposed Site shall be designated as a Town Center Street under the Town Center Code, and the School shall be responsible for the improvements set forth in this Section 6.2. In furtherance of said designation, School shall improve a portion of the Proposed Site adjacent to the western boundary of Central Winds Drive by modifying the existing right -of -way and Proposed Site to include on -street parallel parking, a concrete sidewalk, and landscape buffer as required for a Town Center Street type. However, the on- street parallel parking spaces shall not be required unless and until the School constructs a building(s) in the area identified as "Fenced Play Area" and/or "Open Park Area" on the Conceptual Development Plan. In such event, the existing street curb and adjacent landscape buffer along the western boundary of Central Winds Drive shall be removed and converted into parallel parking spaces in such a way that will allow the sidewalk to remain in place. The parallel parking spaces shall be constructed and completed in conjunction with construction of the building(s), and may be "reserved" for the School's use in the same manner as provided in Section 6.1. Upon completion of the Central Winds Drive improvements and prior to the issuance of certificate of occupancy for the Charter School, School agrees to grant the City an easement for any portion of the sidewalk and landscaping required along Central Winds Drive that is installed outside of the Central Winds Drive ROW. Said easement shall be in form and content reasonably acceptable to the City and the School. 7.0 Parking Requirements. The School agrees to design, engineer, and construct parking spaces on the Proposed Site to include a mix of paved and unpaved parking spaces, which will include the parallel on- street parking spaces within the Hicks Avenue ROW as set forth in Section 6.0 hereof and the unpaved joint use parking spaces authorized pursuant to • Section 8.1 hereof. The School and the City agree that the development of the parking spaces in accordance with the Conceptual Development Plan shall meet the development demands for the proposed Charter Elementary School regarding building sizes and occupancies based on a parking analysis conducted in accordance with the Winter Springs Town Center Code. The City and the School agree that the final number of required spaces shall be determined as part of future development reviews in accordance with the approval of the School's Final Engineering Plans. The mixture of paved and unpaved spaces satisfies the relevant provisions of the Winter Springs Town Center Code, including but not limited to the parking requirements detailed in Winter Springs Town Center Code Section 20 -324 (10) enacted to discourage the "over paving of areas" and overdevelopment of impervious space. 8.0 Joint Facility Public Use. In furtherance and consideration of the Civic Site designation approved by the City Commission, the City and School agree to enter into a joint facility use agreement reasonably acceptable to the City and the School which shall include the following minimum terms and conditions: 8.1 The City will allow the School to use the City's unpaved parking facilities adjacent to Hicks Avenue for overflow parking purposes during special events held by the School at the Proposed Site. The City will also permit the School to use the Central Winds Park practice fields and picnic pavilion area for School related recreation activities for the school children attending the Charter School. 4110 Development Agreement C ity of Winter Springs and Choices In Learning, Inc. 5 S 8.2 So long as the use by the City of any of the School facilities do not jeopardize the School's existence and status as a 501(c) (3) entity, the School will provide the City the right to reasonable use of the Proposed Site and building(s) for: (i) City special event parking; (ii) meeting space for City held community meetings /workshops and Parks and Recreation Programs (e.g., program registration, umpire clinics, coaches meetings); and (iii) the City's summer camp program in accordance with any other similar agreements between the City and other property owners. 8.3 The School and the City will agree upon scheduling guidelines and procedures for the use of each other's facilities and property. The guidelines shall follow the general principle that each party shall have priority use of their own respective facilities and property, and that either party's use of the other party's facilities and property shall not cause a conflict or interfere with the other party's use of their own property. 8.4 Neither party shall charge the other party a fee for the use of their facilities and property. However, each party reserves the right to charge for reasonable out -of- pocket expenses associated with the use of each other's facilities (e.g., electricity, supplies, extraordinary labor costs for set -up and clean -up). 8.5 The term of the joint facility use agreement shall remain in effect as long as the Proposed Site maintAins its Civic Site Designation, or until the parties mutually agree to terminate the joint facility use agreement. 8.6 The joint facility use agreement shall be approved and fully executed by the City and School prior to the issuance of a certificate of occupancy for the Proposed Site. In addition, the City and the School will attempt to negotiate the final terms and conditions of the joint facility use agreement during the architectural design phase of the Project so the School can reasonably take into consideration while designing the building the City's future use of the Proposed Site and building(s) pursuant to this Section 8.0. 9.0 Fencine. For recreational purposes, the School shall be permitted to install a four (4) foot high, vinyl coated, black chain -link fence around the perimeter of the "fenced play area" depicted on the Conceptual Concept Plan. However, as a condition of permitting said fence, the School shall install and maintain in good condition an opaque vegetative screen along the outer perimeter of the fence so the fence is eventually not visible from Hicks Avenue, Central Winds Drive, and S.R. 434. The type of plant material shall be approved by the City's arborist prior to planting. At time of planting or replacement of diseased, dead, or damaged vegetation, the plant material shall be a minimum of seven (7) gallon container size and at least thirty (30) inches in height. Moreover, the plant material shall be capable of growing of sufficient height and width to opaquely screen the fence no later than two years after planting. If the School discontinues the use of the play area for any reason, the School shall remove the chain -link fence within thirty (30) days of said discontinuance. Additional fencing will be agreed upon between the City and the School during the aesthetic review process. 10.0 Town Center and Central Winds Park Or School Entry Sien/Fcature. • Development Agreement City of Winter Springs and Choices In Learning, Inc. 6 40 10.1 The City and the School recognize that the City may desire to install in the fixture a Winter Springs Town Center entry sign/feature at the northwest comer of the Proposed Site. Within thirty days of receiving a written request from the City, the School hereby agrees to grant the City an appropriate easement to permit the City to install and maintain the aforementioned sign/features including any related utilities. Said easements shall be in form and content reasonably acceptable to the City. Any entry sign/feature shall comply with applicable City Codes and be compatible with the School's Proposed Site and building(s). The City further agrees to submit the design of the entry sign/feature to the School for written approval prior to installation, which approval shall no be unreasonably denied or delayed. 10.2 The City or School may also desire to install an entrance sign/feature for Central Winds Park or the School at the southeastern corner of the Proposed Site. At such time either party determines that it is ready to design and install said entrance sign/feature, the party first initiating the entrance sign/feature agrees to provide the other party with written notice of said determination. Upon receipt of the notice, the other party shall have fifteen (15) days in which to notify the initiating party in writing whether it desires to participate in designing and installing a joint use sign/feature. In the event the other party chooses to participate, the parties agree to cooperate in designing and installing a mutually acceptable sign/feature that complies with the City's applicable City Codes. Upon agreement, each party shall bear their proportionate share of the actual cost of the sign/feature, except that the City will be responsible for installation costs and future maintenance (excluding replacement) of the entrance sign/feature. However, if the other party chooses not to participate in a joint use sign/feature, the initiating party may proceed on its own with the design and installation of the sign/feature at their sole cost. In such case, the initiating party agrees to design the entrance sign/feature so that it is in compliance with City Code and compatible with the School's Proposed Site and building(s) and Central Winds Park. In addition, if the City initiates the entrance sign/feature without the School's participation, the City further agrees to submit said design to the School for written approval prior to the installation. On the other hand, if the School initiates the entrance/sign feature without the City's participation, the City agrees to review the request promptly in accordance with applicable City Codes. The School's approval shall not be unreasonably denied or delayed. Whether the School desires to participate or not in the entrance sign/feature, the School hereby agrees to grant the City an appropriate easement to permit the City to install and maintain the aforementioned sign/features including any related utilities prior to the City's installation of the sign/feature. Said easements shall be in form and content reasonably acceptable to the City. 11.0 Expedited Permitting. The City agrees that the Building Department b ll perform inspections on an expedited basis. The School, or its designees, will endeavor to provide the City with accurate, complete, and code compliant construction documents for review. The parties further agree to identify members of a project coordinating team including representatives from the School and the City departments reviewing the Plans and permit application, which shall meet frequently to develop and administer the Proposed Site development activity schedules and related City review and inspection schedules for purposes of resolving errors and omissions in plan documents, conflicts and disputes related to the interpretations of plan documents, and curative measures that need to be taken to expedite the project in a manner consistent with all applicable laws, codes, regulations and agreements. 410 Development Agreement • City of Winter Springs and Choices In Learning, Inc. 7 • 41110 12.0 Permit Fees and Impact Fees. Pursuant to Section 553.80 (6) (b) (1) of the F lorida Statutes, the City shall charge fees for the actual labor and administrative costs incurred for plAns review and inspections to ensure compliance with the code. These fees shall be used solely for carrying out the City's responsibilities in enforcing the Florida Building Code and shall include expenses as defined in Section 553.80 (7) (a). 13.0 Representations of the Parties. The City and the School 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 Development Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. This Development Agreement will, when duly executed and delivered by the City and the School and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Proposed Site in accordance with the terms and conditions of this Development Agreement. The School represents that it has voluntarily and willfully executed this Development Agreement for purposes of binding the Proposed Site to the terms and conditions set forth in this Development Agreement. 14.0 Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 15.0 Amendments. This Development 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. 410 16.0 Entire Agreement; Exhibits. This Development Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, regarding the Proposed Site and contains the entire agreement between the City and the School as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 17.0 Severabilit_y. If any provision of this Development Agreement shall be held to be invalid or unenforceable 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 Development Agreement. 18.0 Effective Date. This Development Agreement shall become effective upon approval by the City Commission and shall be the date on which the last party hereto executes this Development Agreement (the `Effective Date "). 19.0 Recordation. This Development Agreement shall be recorded in the Public Records of Seminole County, Florida. 20.0 Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and the School is an independent contractor and not an agent of the City. Nothing herein shall 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. Development Agreement City of Winter Springs and Choices In Learning, Inc. 8 21.0 Sovereign Immunity. Pursuant to Florida Statutes Section 1002.33, the School shall enjoy the benefit of sovereign immunity and nothing in this Agreement shall be construed as a waiver of the doctrine of sovereign immunity as it pertains to the School. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law, As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 22.0 City's Police Power. The School agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 23.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Development Agreement and no party shall be favored or disfavored regarding the interpretation of this Development Agreement in the event of a dispute between the parties. 24.0 Third - Party Rights. This Development Agreement is not a third -party S beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 25.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Development Agreement, each party shall bear their own attorney's fees and costs arising out of the arbitration or litigation. 26.0 Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term or condition of this Agreement, the non - defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than ten (10) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 27.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit 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, term or restriction shall not relieve School or the City of the necessity of complying with the law governing said permitting requirement, condition, term or 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 School is in breach of any term and condition of this Agreement. • Development Agreanent City of Winter Springs and Choices In Learning, Inc. 9 • 28.0 Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if the School fails to receive building permits and substantially commence construction of the Charter School project within three (3) years of the Effective Date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida, and School shall lose any and all rights under this Agreement . 29.0 Force Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period ") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ( "Uncontrollable Event "), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. IN WITNESS WHEREOF, the School and the City have each executed this Agreement on the date set forth below each signature. • WITNESS: SCHOOL: CHOICES IN LEARNING, INC., a Florida not - for -profit corporation By: Print Name: Name: Title: Print Name: Date: S Development Agreement City of Winter Springs and Choices In Learning. Inc. 10 i MY: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation By: Print Name: Name: Title: Date: Print Name: STATE OF COUNTY OF i going instrument was acknowledged before me this day of 2010, The by fore as of CHOICES IN LEARNING, INC., a Florida not - for -profit corporation, on behalf of the corporation. He/She is [ 1 personally known to me or F 1 has produced as identification and who did (did not) take an oath. (Notarial Seal) Notary Public, State of Print Name: My Commission Expires: Development Agreement City of Winter Springs and Choices In Learning. Inc. 11 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by , as of CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, on behalf of the corporation. He /She is ( I personally known to me or ( 1 has produced as identification and who did (did not) take an oath. (Notarial Seal) Notary Public, State of Print Name: My Commission Expires: 411 Development Agreement City of Winter Springs and Choices In Laming, Inc. 12 EXHIBIT "A" PROPOSED SITE S Exhibit A Development Agreement City of Winter Springs and Choices In Lemming, Inc. 1 EXHIBIT "B" CONCEPTUAL DEVELOPMENT PLAN Exhibit B Development Agreement City of Winter Springs and Choices In Learning, Inc 1 Date: September 13, 2010 The attached document was distributed and discussed during Regular Agenda Item "600" at the September 13, 2010 City Commission Regular Meeting. • 41. QI NO wwie ' CHOICES IN LEARNING Li E N(''.R`. ( 10,) What is a Charter School? Charter schools are public schools because they receive funding from Seminole County Public Schools. However, they are independent in that they are allowed to operate outside of the traditional public school education system in terms of curriculum and management. How much is the tuition at Choices in Learning? Choices in Learning is a free, public school. Does the School have a free and reduced lunch program? Yes, in 2009 -2010, 22% of the children that attended CIL received assistance with lunch. Thus far in 2010 -2011 school year, 28% of the children are eligible for free or reduced lunch. How many kids attend Choices in Learning? 594 How many students are Longwood residents? 110 How many students are Winter Springs residents? 71 How many students leave CIL and go back to their respective zoned schools? 07 -08 — Retained 85% of students 08 -09 — Retained 90% of students 09 -10 — Retained 92% of students How many students live in each respective city in Seminole County? See attached information. How many current teachers or staff members reside in Winter Springs? 8 How many people are employed by CIL? 50 at current location. How many permanent jobs will CIL's expansion create? 20 during the expansion. How many temporary construction jobs will CIL expansion create? Approximately 25. Is there a schedule concern with City approval? Yes. CIL was only one of two Charter Schools in the state that was approval to issue tax free bonds this year. The state approved a total of $81 million in bonds and CIL was allotted $9.5 million of this amount. What is the status of the Traffic Study? The traffic study is complete. Quantify the value of the joint use agreement. • Use of parking lot — Upfront costs for 10 events is 3% of the usage. We valued as a one time benefit of $6,480. • Street Parking and Sidewalk — Upfront costs of 75% usage. We value this as a one time benefit of $157,500. • Sign and Entry Feature Easements - $600 per month which is a re- occurring value of $7200 annually. • Daily parking fees for large events - $10 per day for 72 spaces for 10 events. This is a re- occurring value of $7200 annually. • PILOT - $5000 annually. • Joint Use — TBD. Total Re- occurring use is $19,400. Total One Time use is $163,980.