HomeMy WebLinkAbout2012 02 13 Informational 100 Current Planning Projects
COMMISSION AGENDA
Informational
X
Consent
ITEM100
Public Hearings
Regular
February 13, 2012KSRS
Regular MeetingCity ManagerDepartment
REQUEST:
Community Development Department is advising the City Commission of the status of
various current planning projects.
SYNOPSIS:
The City Commission has been asked to be kept informed of the status of all development
projects in the City.This agenda item is an update to the Commission on the status of
current planning projects and any events/changes since the last City Commission meeting.
New information is highlighted.
CONSIDERATIONS:
The projects listed below are those with some consistent activity, although not every project
has additional activity for every update report. Items listed below that have changed since
the last update are shown in bold type. Items which have not and do not appear likely to
generate any change are periodically dropped from this agenda item with prior notice to the
City Commission.
Bart Phillips/ 419 Auto & Metal
– On September 8, 2008, the Commission adopted Ord.
No. 2008-11, which provided a restricted C-2 zoning for the 2 parcels containing
approximately 9.04 acres along SR 434. A revised aesthetic review package for the
perimeter wall was received December 19, 2008 and was approved at the January 26, 2009
City Commission meeting. Vacation of the Ginger Lane and part of the Old Sanford-
Oviedo Road rights-of-waywas approvedat the February 9, 2009 City Commission
.
meetingStaff met with the applicant’s team on March 2, 2009 to discuss the wall permit.
A meeting was held with staff and the City Attorney on March 12, 2009 to discuss the
Informational 100 PAGE 1 OF 14 - February 13, 2012
Restrictive Rezoning and the Non-conforming use. Staff is processing the building permit
application for the wall for approval, subject to conditions (e.g. recordation of easements
).
and rezoning to either C-2 or restricted C-2The applicant has made application to rezone
the C-1 property along SR 419 to a non-restricted C-2 zoning in place of the restricted C-2
previously approved by the City Commission.The new rezoning request received a
recommendation for approval at the June 3, 2009 Planning and Zoning Board meeting and
Ordinance No. 2009-10had first reading at the June 22, 2009 Commission meeting. Second
and final reading for the rezoning of the property along SR 419 was approved on July 13,
2009. The Building permit for the first phase of the screen wall along the property’s eastern
boundary was issued on September 28, 2009. Staff has received a request for a waiver of
the front setback along S.R. 419, behind the screen wall. A waiver for the front setback
along SR 419, behind the 10-foot wallwas approved by the City Commission on February
8, 2010. The City Attorney and staff tookan ordinance to the Planning and Zoning Board
in February 2010 with proposed text amendments regarding permitted uses in the City’s I-1
Zoning District. The applicant indicated that, in addition to the “secondary metals
recycling” operations in the proposed text amendment, he also wanted the allowance to
do “recycling of non-hazardous materials”. This additionwas discussed during the
Planning & Zoning Board meeting in February. First reading of the text amendment for the
I-1 zoning district the City Commission was approved at the Commission’s February 22,
2010 meeting. The applicant submitted a request for relief of the fines imposed by the Code
Enforcement Board. The Code Enforcement Board recommended approval of the reduction
of fine request at a special meeting on March 30, 2010. Second reading of Ordinance 2010-
03 amending the list of permitted uses in the I-1 District and the City Commission’s
consideration of the Code Enforcement Lien Satisfaction Agreementreceived Commission
approval at the April 12, 2010 City Commission meeting. On April 28, 2010, Mr. Philips
paid $500 necessary to satisfy the lien and submitted the executed Lien Satisfaction
document. The Lien Satisfaction Agreement was recorded on May 10, 2010. City staff is
working with the County on the trail swap. No permit applications have been received for
the proposed wall. The property owner is currently in negotiations with the SJRWMD on
the 419 Auto & Metal project. Staff has attempted to involve Congressman Mica’s office in
negotiating the trail ROW swap with the CSX Railroad. The applicant has requested
information about permitting the buffer walls associated with the 419 Metals facility.An
application has been received by staff for the permitting of the buffer walls along the SR
419 right-of-way. This application is currently under review. The aesthetic review
approval for the walls has expired. An agenda item requesting the Commission consider
reinstating the aesthetic review approval is on the Commission’s September 12, 2011
agenda. (Trail information has been moved to “Cross Seminole Trail”)The re-approval for
the aesthetic review for the buffer wall along SR 419 was approved by the City Commission
at the September 12, 2011 meeting. The Building Department is reviewing the building
permit application. In light of the recent movement on the CSX Railroad crossing, staff will
be meeting with Mr. Bart Phillips to review the status of the trail right-of-way dedication
and the screen walls along SR 419 and the eastern property line of the 419 Metals site.
Cross Seminole Trail
- On March 30, 2011, Seminole County executed a design agreement
with HDR (an engineering firm that CSX uses to design railroad crossings), which
forwarded this agreement to CSX on April 5, 2011 (16 months elapsed between the design
agreement and the construction agreement for the Environmental Center crossing). David
Martin is requesting a letter of intent to issue a permit, to determine if the state Office of
Greenways and Trails will move forward with the land swap (otherwise, the permit may not
.
be issued until the construction is ready)HDR is underway with the railroad crossing
engineering design on behalf of CSX. Seminole County has requested that the City provide
Informational 100 PAGE 2 OF 14 - February 13, 2012
a signed and sealed survey of the proposed trail right of way to be acquired at Magnolia
Park. County request to the Office of Greenways and Trails to proceed with the land swap
given the design agreement with CSX is pending.The City has been tracking the progress
of the engineering agreement between CSX/HDR and Seminole County. Staff and the
Mayor spoke with Tarah Harkins who is new to the area as CSX’s safety officer. Their
leadership team discussed the County’s pending agreement last week and the 3 for 1 policy
issue was raised. It has been several years since the 3 for 1 issue was reviewed by the
County. The County is reviewing whether or not they are in a position to provide any
public or private reductions in rail crossings in Seminole County and will provide Ms.
Harkins an email or letter response after their review. Seminole County examined the
public railroad crossing maps to see if any crossing could be closed to reduce the number of
crossings. They were unable to find any crossings that could be closed in exchange for the
requested trail crossing. The following unique features of the rail line and proposed trail
crossing have been conveyed to CSX:
1.The proposed crossing is less than one-half mile, + 0.43 miles, from the termination
of the line.
2.The frequency of use is two trains per week.
3.The train speed through this section of track is extremely slow.
4.This crossing provides mutual benefits to one of your customers Mr. Bart Phillips,
419 Metal & Auto Recycling Center, Inc., the State, Seminole County, City of Winter
Springs, and CSX Transportation, Inc. Mr. Phillips has been working with the State,
County, and City on land (property) exchanges which will benefit all parties involved
and he fully supports this crossing application. This crossings approval will allow
Mr. Bart Phillips, 419 Metal & Auto Recycling Center, Inc., to consolidate two
parcels of land to improve his operation and potentially increase his business with
CSX. The State, County, and City will benefit by allowing the County to complete
the Cross Seminole Trail in which all have a vested interest. If the at grade crossing
is granted the land exchanges can be completed, as they are contingent on the
approval of this crossing.
CSX Safety Committee approval is pending and the next step will be approval by the Chief
Engineer for CSX. Mayor Lacey has sent a letter to Congressman Mica requesting his
assistance in gaining approval of a non-vehicular crossing from the CSX Railroad.
At the November 14, 2011 City Commission meeting, an Informational item was presented
by the Public Works Department which included an approval letter from CSX railroad for
the “at-grade” pedestrian crossing for the Cross Seminole Trail west of SR 419 and Wade
Street. This approval allows for the land swap to be completed with the State to allow for
the construction of the Magnolia Park Amphitheater.
Seminole County is still waiting for the executed preliminary engineering agreement from
CSX for the crossing.
The City has received a copy of the latest preliminary agreement which allows CSX’s
consultant (HDR) to proceed with the trail crossing design once the funds are received from
the County.
Separately, County staff is still waiting for a response from the Office of Greenways and
Trails as to whether the executed preliminary agreement is sufficient for the State to
proceed with the land swap that would allow Magnolia Park construction to proceed.
Informational 100 PAGE 3 OF 14 - February 13, 2012
The City has received an e-mail from Seminole County to the Office of Greenways and
Trails (OGT) showing the County has executed the Preliminary Engineering
Agreement with CSX.
Family Dollar–
A site plan was submitted on August 10, detailing the construction of an
8,000 square foot freestanding Family Dollar store on a parcel located on the north side of
State Road 434 between Fairfax and Devon Avenues. The applicant must also submit an
Aesthetic Review package that requires approval by the City Commission and is considered
as a public hearing. A Development Review Committee (DRC) meeting with the applicant
will be held on August 23, 2011 at 3:00 PM. On August 23, 2011, a DRC meeting was held
with the applicant. Based on the outcome of the meeting, the applicant will be resubmitting
st
plans that address staff’s comments from the first review. On August 31, the applicant
submitted an Aesthetic Review package for review.On September 13, 2011 a DRC meeting
was held with the applicant for the Aesthetic Review package. Based on the outcome of the
meeting, the applicant will be resubmitting architectural elevations for further review.On
September 23, 2011 the applicant resubmitted the final site plan for review. If necessary, a
DRC meeting for the site plan will be held with the applicant on October 6, 2011 at a time
to be determined. The Site Plan and the Aesthetic Review will be presented to the Planning
& Zoning Board at the November 2, 2011 meeting and to the City Commission for
consideration of final approval at their November 28, 2011 meeting.At the November 2,
2011 meeting, the Planning & Zoning Board considered staff’s recommendation of approval
of the Final Engineering Plan and Aesthetic Review. The Final Engineering Plan and the
Aesthetic Review will be presented to the City Commission at the November 28, 2011
meeting.The Final Engineering Plan and Aesthetic Review were approved at the November
28, 2011 City Commission meeting contingent upon the preservation of the “de facto” on-
street parking spaces on Fairfax Avenue. The applicant has submitted plans to Staff
detailing this change.Staff has reviewed the building plan submittal for the design
professional and is awaiting a formal submittal of the building plans by the contractor.The
building plans have been formally submitted by a General Contractor and staff is currently
Staff is awaiting
reviewing the plans for consistency with all applicable building codes.
the applicant’s responses to the first plans review effort.
Grandeville at Town Center (f/k/a Villa Grande)
– Staff is working with the applicant to
finalize revisions to the permit plans and to finalize the address assignments for the units. A
pre-construction meeting and permit issuance should be forthcoming in the next few weeks.
Staff met with the applicant on September 29, 2008 to finalize the methodology for building
valuation to be used in assessing the appropriate building permit fees. The applicant reports
renegotiating materials prices (in light of recent price declines) in preparation for submitting
for a construction permit to do the site/civil construction and obtaining building permits.
The applicant met again with staff on December 23, 2008 and announced that, due to the
international financial crisis, they were suspending the project indefinitely. The applicant
has asked for contact information for another developer who approached the City with a
proposal for an “independent living” facility for seniors. Staff met with the applicant on
February 27 and again on April 16, 2009 to discuss options for modifying the proposal to
144 age-restricted apartments utilizing a site plan similar to the one previously approved.
Further discussions relative to the final design and economic development incentives for
this projectwere scheduled for June 9, 2009, butwere re-scheduled for June 16, 2009.The
applicant is currently working on financing for this project and the City is continuing
consideration of potential economic development incentives. Staff is working with the
applicant to finalize the financial package and to finish the write up to be used in marketing
Informational 100 PAGE 4 OF 14 - February 13, 2012
the project. Staff provided a letter on September 28, 2009 detailing the existing project
.
status. This letter will be used as part of the financial package for the projectStaff met
with the project representative on October 19, 2009 to discuss the schedule for
consideration/approval of the project modifications as related to the conversion of the
project to age-restricted apartments. Staff met with the applicant on January 26, 2010 once
again to address applicable City and county impact fees. Staff has also provided local
demographic and recent activity information on the Town Center to assist the developer
with their HUD application. The applicant has maintained contact with staff regarding the
project. As of May 14, 2010, the developer has stated that HUD is running 90-120 days late
with their invitations. The developer expects to hear from HUD within the next 50-75 days
and has indicated that they will need expedited services from the City once this invitation is
received. The Developer spoke to staff on July 14, 2010 and indicated that they were two
(2) weeks away from a decision by HUD relative to their financing. If the financing is
approved, they will need to finalize all approval with 120 days. Staff spoke to the developer
on August 16, 2010 and confirmed that they are still waiting to hear from HUD. Another
call from the Developer in Mid November indicated that HUD is running late with their
actions on projects and, therefore, the developer is still waiting to hear from HUD on
financing for this project. An early January update indicated that the applicant is supplying
additional information to HUD for their application package. Staff has supplied additional
information relative to the Town Center to the company working with the applicant on the
HUD financing. Staff spoke to the applicant on May 2, 2011 and was informed that the
applicant is working with an additional funding partner on this project. Staff is working
with the applicant and their financial partner to address the status of previous approvals.
Staff has been told that the applicant will be pursuing development of the property with 160
units in five (5) five story buildings with structured parking on the ground floor. Staff has
been contacted by the developer/property owner and they are working on a revised concept
Staff continues to address several requests from the developer
for this property.
relative to the building architecture and site development. Staff met with the
applicant and a potential financial partner to the review the project on February 2,
2012
Jesup’s Landing –
Mattamy Homes submitted a concept plan for 172 town house units at
the Jesup’s Landing site. This planwas addressed at staff review on February 8, 2011.
Mattamy has a number of units at Baldwin Park. Staff received a re-submittal and has
offered to meet with the development professional to make the subdivision plan compliant.
This meeting took place on March 16, 2011 andthe revised plan was briefly addressed at
staff review on March 22, 2011. Staff has sent comments on the revised plan to the
applicant. Proposed subdivision plan modifications, pursuant to staff comments were
received electronically on April 12, 2011. A meeting with the applicant to address
architecture and special exceptions was held on May 4, 2011.The concept plan for this
project is tentatively scheduled for the June 1, 2011 P&Z Board meeting, pending the
scheduling of neighborhood meetings by the applicant. On June 1, 2011, the Planning &
Zoning Board recommended unanimously to approve the Conceptual Plan for 171
townhome units, and a Special Exception to Section 20-324(5) of the Town Center Code to
permit a deviation that would allow a finished first floor height of less than the required
minimum of two (2) feet above sidewalk grade. This item will be on the June 27, 2011 City
Commission agenda. The Conceptual Plan and Special Exception to Section 20-324(5) of
the Town Center Code to permit a deviation to allow a finished first floor height of less than
the required minimum of two (2) feet above sidewalk grade item was approved by the City
Commission at the June 27, 2011 meeting.The applicant is working to finalize the final
engineering and aesthetic review submittals. A meeting regarding a stockpile agreement
Informational 100 PAGE 5 OF 14 - February 13, 2012
was held with the applicant on September 16,2011.At the September 26, 2011 City
Commission meeting, the stockpile agreement was approved. A final engineering plan was
submitted on September 15, 2011. A DRC meeting will be held with the applicant on
October 4, 2011 at 10:00 AM. On October 4, 2011 a DRC meeting was held with the
applicant. Based on the outcome of the meeting, the applicant will be resubmitting plans
that address staff’s comments from the first review.On November 17, 2011, staff met with
representatives of Mattamy Homes to discuss the Aesthetic Review process. Staff
anticipates a submittal for the aesthetic review sometime in December 2011. Placement of
the surcharge fill material has started. On December 5, 2011, the applicant submitted their
response to staff’s comments on the final engineering plans. This submittal is currently
under review by staff. On December 20, 2011, a DRC meeting was held with the applicant.
Based on the outcome of the meeting, the applicant will be resubmitting plans that address
staff’s comments from the second review. Placement of the surcharge material is complete.
The Final Engineering Plans are scheduled to be presented to the Planning & Zoning Board
on February 1, 2012 and to the City Commission on February 27, 2012 for final approval.
On February 1, 2012 the Planning & Zoning Board unanimously recommended
approval of the Final Engineering Plan.
Jesup’s Reserve
– DR Horton submitted revised aesthetic review documents for a portion of
the remaining 63 lots. This revision received a recommendation of approval at the April 6,
2011 Planning and Zoning Board meeting and was approved at the City Commission
meeting on April 25, 2011. DR Horton has submitted building permit plans for another
building in the development. These plans are currently under review. Staff is awaiting a
response from the applicant from comments generated from the first review. The permit for
the latest submittal is ready for issuance. DR Horton submitted an application for a building
permit for a 6-unit building on McLeod’s Way. The application is in the process of being
reviewed. Construction continues on one previously approved building and one additional
building has been completed. DR Horton has submitted an application for building permits
for 12 more units and construction has commenced on a new 6 unit building. The first
building constructed has received a Certificate of Occupancy (CO) and the second building
is scheduled to receive a CO on September 19, 2011.A permit for another 6-unit townhome
building is ready for issuance. Three (3) building permits were issued the week of January 2-
6, 2012.
LYNX Bus Stop Shelters
- Lynx bus stop shelters are currently being installed along SR
434 within the City. Plans include nine (9) of these shelters within the City. Lynx has
contacted the City with plans to place an additional eleven (11) shelters along SR 434
within the City. Timing for the construction of these shelters has not been finalized. Lynx
has been coordinating with the City to locate 9 or 10 new shelters.After discussions with
staff, the bus shelter count has been revised to nine (9) locations. The addresses have been
issued for these locations and the permits are under review. Slab inspections have been
Staff is
performed and passed on the new shelters. Vertical construction is in progress.
awaiting the applicant’s request for final inspections.
Magnolia Park –
Staff met with the design team on April 14, 2009 to provide initial
comments on the trail land swap, site, and building design, for the amphitheater with its
changing rooms and rest rooms, in preparation for formal submittals. Staff met with the
consultants on May 14, 2009 to discuss the landscaping, lighting, and sound components of
the design. Additional discussions were held on May 29, 2009 regarding the lighting and
sound designs. Staff has received the 60% plans on July 31, 2009 and addressed these plans
Informational 100 PAGE 6 OF 14 - February 13, 2012
at the September 1, 2009 staff review. Aesthetic Review of this project was conducted as
part of the October 6, 2009 staff review meeting. Staff is awaiting the resubmittal of the
aesthetic review documents in response to the October 6, 2009 review. Final staff reviews
of the aesthetics and final engineering were held on December 8, 2009. Staff awaits the
final engineering and aesthetic plan re-submittal for the City Commission. Also, the trail
swap is being delayed because the State wants to bundle the Magnolia Park Trailhead and
the Bart Phillips trail right-of-way dedication along SR 419 together. Staff is working to
resolve these items. The final engineering/site plan and aesthetic review received
Commission approval at the March 22, 2010 Commission. The Lien Satisfaction
Agreement has been executed by the both Bart Phillips and the City and will be forwarded
to the City Attorney for recordation and processing for the purpose of moving forward on
the various dedications for right-of-way and the swapping of trail right-of-way with the
Magnolia Park Amphitheater site. Discussions are underway between Mr. Phillips, the CSX
railroad, Seminole County, and the State Office of Greenways and Trails regarding the CSX
railroad crossing and the trail property swap. Seminole County is working with CSX
Railroad on the swap and City Staff is meeting with the County on their request for some
survey work. Seminole County is making application for an easement to cross the CSX
railroad with the Cross Seminole Trial. The County submitted the application for the trail to
cross in the industrial park to CSX on 7/23/10. They expect a response within 60 days. The
land swap application is on hold at the Office of Greeneways and Trails pending receipt of
.
the railroad crossing permit from CSXSeminole County notified staff on October 13, 2010
that they had received a verbal confirmation that the permit application had cleared the CSX
safety group (an important hurdle). The permit is currently in the CSX engineering group,
which focuses on technical issues. Staff is attempting to involve Congressman Mica’s
office in the negotiations with CSX. Contact has been made with CSX to facilitate approval
of the pedestrian crossing. Staff spoke with David Martin and the agreement will need to go
the County Commission. Their agenda deadline is Friday March 4 for the April 12 County
Commission meeting and March 18 for the April 26 meeting. Scheduling assumes the
agreement is generally acceptable to legal which David expects it to be since they did the
same process for the rail/trail crossing at Soldier Creek Park. A one year site plan and
aesthetic review extension was granted at the March 14, 2011 City Commission meeting.
On March 30, 2011, Seminole County executed a design agreement with HDR (an
engineering firm that CSX uses to design crossings), which forwarded this agreement to
CSX on April 5, 2011 (16 months elapsed between the design agreement and the
construction agreement for the Environmental Center crossing). David Martin is requesting
a letter of intent to issue a permit, to determine if the state Office of Greenways and Trails
will move forward with the land swap (otherwise, the permit may not be issued until the
construction is ready). Kip Lockcuff up-dated the Commission on the project at the April
.
25, 2011 City Commission meetingSeminole County has requested that the City provide a
signed and sealed survey of the proposed trail right of way to be acquired at Magnolia
Park. County request to the Office of Greenways and Trails to proceed with the land swap
(See update under “Cross Seminole
given the design agreement with CSX is pending.
Trail”).
At the November 14, 2011 City Commission meeting, an Informational item was
presented by the Public Works Department which included an approval letter from CSX
railroad for the “at-grade” pedestrian crossing for the Cross Seminole Trail west of SR 419
and Wade Street. This approval allows for the land swap to be completed with the State to
The City has received an e-
allow for the construction of the Magnolia Park Amphitheater.
mail from Seminole County to the Office of Greenways and Trails (OGT) showing the
County has executed the Preliminary Engineering Agreement with CSX.
Informational 100 PAGE 7 OF 14 - February 13, 2012
Park Manor Academy (Excelsior Rd) –
The City Commission extended the existing site
plan approval for the Excelsior Parkway site at its February 28, 2011 meeting. Ms.
Hamilton inquired of the process to convert a former residence-turned-office along SR 434
(located on the north side, between Wade Street and Charles Street) to a daycare facility as
an interim measure. The applicant has requested a cursory review of the architectural plans
and is working with the architect to finalize the building plans.The conditional use permit
and waiver approval expired after two years, in 2010, as stipulated in the Code. Staff is
working with the applicant to expedite consideration of a new conditional use permit and
waiver approval. These are going forward to Planning and Zoning Board on June 1, 2011
and will come before the City Commission on June 13, 2011. On June 1, 2011 the Planning
& Zoning Board voted 3-1 to approve the new Conditional Use to permit the use in the R-3
(Multi-family residential) zoning district, a waiver to permit a 15-foot front setback, and a
waiver to permit a 6-foot high vinyl fence on the portion of the property that abuts R-3
zoned property. This item is on the June 13 City Commission agenda. The City Commission
approved this item on the June 13 agenda.The applicant has submitted building plans to the
Building Official for review. Staff is awaiting a response from the applicant from
comments generated during the first review. The building permit is ready for issuance.The
applicant has not obtained the building permit, which is ready for issuance pending the
applicant addressing a compliance issue with the aesthetic review. Compliance with the
approved aesthetic review may necessitate revisions to the building plans as submitted. A
letter has been issued by the Building Official advising the applicant of the pending
expiration of the permit and the possibility of having to comply with the newly revised
building code which becomes effective in March 2012.
Pinch-a-Penny (formerly Wagner’s Curve) –
A concept plan submittal has been reviewed
by staff andwas addressed at aspecial P&Z meeting on February 10, 2011(4-1 voted for
denial). At its February 28, 2011 meeting, the Commission voted to postpone the concept
plan indefinitely, for staff and the City Attorney to work together with the applicant and put
together a workshop to discuss the boundary of the UCBD, possible modifications to the
Town Center regulations, a revisit of the financial aspects of the Town Center, possible
creation of a “Tier 2” segment of Town Center development at the edges of the current
Town Center district, and small irregularly shaped lots. Staff met with the applicant for
Pinch-A-Penny and the Toppers Ice Cream Shop on June 20, 2011 to discuss the upcoming
Town Center Workshop and how it might affect the subject site. The applicant is working
on a concept site plan and revised building aesthetic concepts in anticipation of potential
upcoming code changes that may affect the subject parcel in the Town Center. Staff spoke
to the applicant’s representative on November 21, 2011 and the representative was going to
check on the status of the conceptual site plan. Staff had a meeting with the applicants and
their representative on December 5, 2011 to review a concept for the site layout on this
parcel that includes the Pinch-A-Penny as well as the ice cream shop. Staff is reviewing a
sketch site plan and is looking at options to place the ice cream shop on the site with the
Pinch-A-Penny building.
Town Center Phase I (previously referred to as JDC Calhoun I).
City staff has compiled
an ownership map for Phase I of the Town Center. This map has been made available
electronically for reference purposes. Staff arranged a meeting with the new management
company to discuss landscape and hardscape maintenance, irrigation system repair and
maintenance as well as overall site maintenance. Staff met with two of the
management/leasing companies on December 8, 2009 to discuss the current status of the
Town center/lease amounts/recent tenant losses, and plans for moving the Town Center
forward. Staff received an e-mail list from the tenant meeting and has updated the tenants
Informational 100 PAGE 8 OF 14 - February 13, 2012
on all relevant information regarding the management and final ownership of the various
sections of the Town Center. Staff was working with Transwestern (management-
company) to locate Verizon Wireless Services at the western end of Building 11, but
Verizon withdrew. Staff had a meeting on January 19, 2010 with a representative of
Business Capital Solutions Group regarding marketing of the Town Center. This
representative is also contacting the management companies for the Town Center
properties. Staff understands that the transfer occurred on March 16, 2010. Mosaic
Restaurant has opened in the former Beef O’Brady’s location. The Hidden Harbor Seafood
and Lobster Feast is open in the former Gian Carlo’s location. Staff had a meeting with
representatives of Kee Wee Entertainment on July 2, 2010 to discuss initial plans for a
family entertainment complex and restaurant in Building #1 of the Town Center. After
much “back and forth”, Kee Wee Entertainment appears to have settled on the old Eckerd’s
building at the intersection of SR 434 and SR 419 for their entertainment complex and
restaurant. Senor Tequila Mexican Grill has opened in the previous Beef O’Brady’s
location. The request by ISIS for the City to vacate approximately 6 square feet of the
Tuskawilla Road right-of-way was approved at the November 15, 2010 City Commission
meeting. Transwestern is working with the SJRWMD to finalize permits for the demolition
of the old Washington Mutual drive-thru and the construction of additional parking in the
drive-thru area. A fitness club has submitted permits to build-out the eastern-most bay of
building 16.Hollywood Bistro and Senor Tequilas have left the Town Center. A permit
has been issued for improvements for the Tutti-Frutti restaurant between Tijuana Flats and
Huey Magoos, leaving a residual space abutting the parking lot. The owner has requested a
permit for a slab (w. plumbing “stub-outs”) in the 693.5 SF residual space that fronts only
onto the parking lot. This space is the result of the Huey Magoos build out taking 1 ½
bays. The remaining ½ bay referenced above will not be a part of the new Tutti Fruitti
Yogurt shop. In discussions with the City’s Town Center consultant, this small remainder
was not seen as a significant problem as long as these areas are not allowed to proliferate in
the Town Center. Staff has determined that this space will need to be joined with an
adjacent full bay when and if either of the two bays is leased to another business entity. In
the future, Staff will not allow the splitting of a bay without a written legal agreement from
the management company stating that they understand that the residual portion of the bay
must be included in any lease of the adjacent bay. Zoo Health Care has met with staff on
February 8 and 15, 2001 to discuss moving into the corner space in Building 1, at the NW
corner of SR 434 and Tuskawilla Road. Staff met with the proprietor of Tutti Frutti, the
sign contractor, and the management company representative on March 29, 2011 to address
proper signage. Inflicting Fitness (Bldg 16) received their Certificate of Completion. The
Zoo Health Club plans to locate in the corner space of Building 1 adjacent to Market
Square, and is planning to advertise the opening with a banner sign. On June 30, 2011,
Tutti Frutti yogurt shop received a Certificate of Occupancy. The Zoo Health Club has
applied for a building permit for an interior buildout in the corner space of Building 1
adjacent to Market Square. Permits have been issued for the demolition of the bank drive-
thru facility and the addition of parking spaces in the area currently occupied by this
facility. On August 1 at 6 p.m., a City Commission workshop was held regarding the future
direction of the Town Center.On August 25, 2011, several trees were relocated from
Market Square to other locations in the City to help businesses which front Market Square
have greater visibility from SR 434. Construction on the interior build-out at the Zoo
Health Club is underway. On November 30, 2011 the Certificate of Occupancy was issued.
On December 1, 2011, the official ribbon cutting ceremony was held.
Informational 100 PAGE 9 OF 14 - February 13, 2012
th rd
Town Center Phase II -
Staff met with IBEW and 5/ 3 Bank representatives on August
28, 2008 to discuss a possible lot split and the location of a branch bank on a parcel located
along the north side of SR 434, just east of the McDonald’s. Staff met Atwell-Hicks
Development Consultants representatives on September 24, 2008 to discuss lot split,
infrastructure, and site design issues associated with the proposed bank. A lay-out sketch
was provided to staff on October 3, 2008. This sketch and cursory staff comments have
been forwarded to Dover Kohl and Partners for further review. Staff met again with
thrd
representatives of 5/3 Bank and the IBEW to look at proposals for the site
design. Another proposal was sent via e-mail to staff and has been reviewed by staff.
Comments were sent to the applicant on December 30, 2008. The FDOT has denied the
thrd
turn lane request of the 5/3 Bank team. City staff met with the development team on
February 2, 2009 to discuss the left turn lane issue. Additional discussions with FDOT will
be scheduled regarding the turn lane and possible access from Tuskawilla Road, behind the
McDonald’s site. Staff met with representatives of Lochrane Engineering and the IBEW’s
attorney on March 12, 2009 to discuss details of the Phase II Implementation Agreement.
Staff and the City Attorney met with representatives of the IBEW on December 7, 2009
about possible modifications to the Implementation Agreement. Agenda Item 601 on the
January 25, 2010 City Commission meeting addressed the proposed changes to the Phase 2
Implementation Agreement. The Commission voted to table the item and take it to a special
meeting which on February 11, 2010 at 6 PM. At the Special Commission meeting on
February 11, 2010, the Commission voted to negotiate a new implementation agreement
with the IBEW, preserving certain items contained in the current agreement and allowing
the IBEW more flexibility to market the property for new development. Any new proposals
must adhere to the Town Center Code and will be subject to review and approval of the City
Commission. Staff met in April with developer representatives interested in placing three
businesses on the northeast corner of SR 434 and Tuskawilla Road.Staff had another
meeting with this developer in May 2010 to attempt to modify the site plan to meet the
Town Center Code requirements.
Staff has not met with the developer on the northeast corner
We will continue to monitor. No word from the IBEW on the
property since May 2010.
remainder of the Phase II property. The representative for the developer that had proposed
a site plan for the northeast corner of SR 434 and Tuskawilla Road has requested a meeting
to discuss certain design criteria for the Town Center. At its September 27, 2010 meeting,
the Commission authorized payment to Winter Springs Holdings in the amount of
$247,561.80 for Michael Blake Boulevard. Staff met with representatives of the IBEW on
January 18, 2011 to discuss future plans for the property. Discussions are on-going with a
local development group regarding the northeastern corner of Tuskawilla Road and SR 434
from the McDonalds site eastward for approximately 1,200 feet.On August 1 at 6 p.m., a
City Commission workshop was held regarding the future direction of the Town Center.
Town Center Code Re-write –
On August 1, 2011 workshop was held with the City
Commission regarding the future direction of the Town Center. During this workshop, staff
and the Town Center consultant, Dover-Kohl, presented ideas involving a concept known as
the “transect” that could be incorporated into a re-write of the Town Center Code. A
consensus was reached amongst the Commission to direct staff to re-write the Town Center
Code based upon the principles of the transect. Staff is currently studying various transect
codes, and is in communication with the Town Center Consultant, Dover-Kohl, regarding
various approaches to writing a transect based code for the Town Center. Staff has also
worked to identify sections of the Comprehensive Plan that will need to be modified to
facilitate the Transect-based Town Center Code. Staff efforts continue not only on the
Town Center Code but also on the Comprehensive Plan modifications. Staff will be
Informational 100 PAGE 10 OF 14 - February 13, 2012
meeting with the City’s consultant within the next 30-45 days to “proof” the code
proposals. Staff with then finalize an approval schedule for the proposed text amendments.
A conference call with the Town Center consultant was held on September 19, 2011 to
review efforts to date.Staff is in the process of preparing a rough draft to the Town Center
Code based on the concepts of the transect-based codes. The different segments of the
transect will carry different development standards and regulations to make the Town
Center District able to address the transitional areas as well as accommodate various levels
of Traditional Neighborhood Development standards.On December 19, 2011 Staff met with
the City’s Town Center Consultant, Dover-Kohl to discuss progress on the draft of the
transect-based code Staff has prepared. The draft will be presented to the Planning &
Zoning Board on February 1, 2012 and to the City Commission on February 27, 2012 and
On February 1, 2012 the Planning &
March 12, 2012 for first and second readings.
Zoning Board unanimously recommended approval of the draft of the re-write of the
Town Center Code along with revisions to the Town Center and GID section of the
Future Land Use Element of the City’s Comprehensive Plan to insure compliance with
the Code re-write.
Tuskawilla Greens -
Staff is working with the new owners of the Tuskawilla Greens parcel
to finalize an update to the Development Agreement (DA) to accommodate 60 townhouse
units on the same layout as the approved condominium plan. Staff will bring forward the
new concept plan for the townhouses once they have reviewed the proposed changes to the
plan and the DA. On July 6, the new owners submitted a combined Preliminary/Final
Engineering Plan to modify the approved condominium plan. Staff review has been
scheduled for August 2 at 9:30 a.m. The applicant requested the staff review meeting be re-
scheduled for August 9, at 9:30 a.m.A Development Review Committee (DRC) meeting
was held with the applicant on August 9, 2011. At this meeting, the applicant had an
opportunity to review and ask questions of staff related to comments on the project. The
applicant indicated he will be re-submitting plans based on staff’s comments in the near
future.A DRC meeting was held with the applicant on August 30, 2011 to address several
minor issues related to the previous submittal. Based on the outcome of the meeting, the
Preliminary/Final Engineering Plan and Aesthetic Review will be presented to the Planning
& Zoning Board on September 7, 2011 and to the City Commission on September 26, 2011.
The Planning & Zoning Board approved this item at the September 7, 2011
meeting. Consideration of the Final Engineering plans and the Aesthetic Review documents
is scheduled for the September 26, 2011 City Commission meeting. The City Commission
continued this item until the October 10, 2011 meeting to allow more time to understand the
terms of the Fifth Settlement Agreement. On September 8, 2011 the applicant submitted a
plat for the 60 townhome units. On September 27, 2011 a DRC meeting was held between
the applicant and staff related to staff comments on the plat.The Fifth Settlement
Agreement, the Final Engineering Plans, Development Agreement, and the Aesthetic
Review were approved at the October 10, 2011 City Commission meeting. The plat will be
presented to the City Commission for approval at the October 24, 2011 City Commission
meeting. The plat was approved by the City Commission at the October 24, 2011 meeting.
Building permits for a sales trailer and townhome units are currently under review. A
building permit has been issued for the sales trailer. Permit applications have been received
for two buildings (8 units) in this development and have proceeded through the first review.
Comments have been issued and the applicant delivered their response to comments on
On January 25, 2012, the plat was recorded in the public records of
January 17, 2012.
Seminole County.
Informational 100 PAGE 11 OF 14 - February 13, 2012
Villagio Retail Center–
Senor Tequila opened on February 16, 2011, at the former Yen-Yen
location. The Story-Book Moments daycare center has opened at the east end of the main
building. Permits have been issued for work on Billy’s Café in the unoccupied out-
structure. Senor Tequila has applied for a special event permit for their Cinco de Mayo
celebration.On June 30, 2011, Billy’s Café received a Certificate of Occupancy.
Winter Springs Village (previously known as Sonesta Pointe
)– Preliminary plans for
approximately 436 town-homes on 40 acres within the Town Center were received from
Engle Homes on July 2, 2004, and were approved as a concept plan at its August 9, 2004,
meeting and refined it at its September 27, 2004 meeting. The City Attorney noted that the
concept plan, as proposed, would require a development agreement or special exception or
both. The 40 acres had been acquired without platting. The applicant has hired a new
design team and met with staff on May 31 and July 8, 2005 to summarize outstanding
issues. On August 29, 2005, staff received an aesthetic review package. The state required
a letter from the City’s Local Planning Agency, stating that crossing the Cross-Seminole
Trail with underground utility lines is consistent with the City’s Comprehensive Plan
(approved at the December 6, 2005 LPA/P&Z meeting). The aesthetic review was
approved at the August 28, 2006 Commission meeting. A final engineering plan was
resubmitted on September 20, 2006 and was reviewed at the October 3, 2006 staff review.
A request for an early work permit was heard at the September 25, 2006 meeting, but a
decision was deferred until more information is provided regarding specimen tree
w
preservation. The applicant withdrew the early ork permit request. The applicant
resubmitted for an early work permit and provided the additional information requested by
the Commission. This permit was approved by the Commission at the November13, 2006
City Commission meeting. The final engineering plans and the Development Agreement
were approved at the December 11, 2006, Commission meeting, but the development
agreement was not executed or recorded. A revised concept plan featuring 289 total units,
incorporating 114 single family detached units with 72 duplex units, 103 townhomes, 2-car
garages, and 260 on-street parking spaces ( the 260 is excluding the Tuskawilla Road on-
street parking) was approved at the May 14, 2007 Commission meeting. The Sonesta team
met with staff on June 27, 2007, addressing lowering the overall site elevation and lowering
some units to less than the prescribed 2’ minimum elevation above the adjacent sidewalk.
A revised aesthetic review package was approved atthe August 13, 2007 Commission
.
meeting Final engineering plans were received on August 20, 2007 and were addressed at
a special September 11, 2007 staff review. Staff reviewed an electronic revision to the
plans and advised the applicant of the necessary procedures to finalize the plan
changes. Staff and Dover Kohl & Partners reviewed and provided preliminary comments to
the applicant’s informal concept plan for the site that includes various single-family
detached units, including front-loaded garages. At its April 28, 2008 meeting, the
Commission approved a site development permit for limited clearing on the property in
those areas permitted for wetland mitigationThe concept planwas addressedat the May
18, 2010 staff reviewmeeting and received conditional approval at the June 14, 2010
Commission meeting. Renewal of the early work permit was approved at the May 24, 2010
City Commission meeting and staff is awaiting an executed copy of the agreement.
Meetings were conducted on June 22, 2010 and June 25, 2010 to discuss the early work
permit, modifications of the concept plan to eliminate the existing deviations, and the
landscape plan details.The 4-lot plat and a final engineering plans packagewere submitted
and were discussedat the August 17, 2010 staff review. Early work has commenced.On
October 19, 2010, final engineering and aesthetic review materials were resubmitted to staff
and were reviewed at the November 2, 2010 staff review meeting. On November 3, 2010,
Commissioner Brown, the City Manager, and the Community Development Director met
Informational 100 PAGE 12 OF 14 - February 13, 2012
with the St. Johns Landing HOA regarding Sonesta Pointe. Engineering met with the
Sonesta team again on November 4, 2010. The applicant met with the Tuskawilla Trace
HOA on November 3, 2010 and will be setting up a meeting with the St. John’s Landing
HOA as soon as possible. Staff and the applicant remain in negotiations on review items.
The City Manager continues his extensive efforts to set up a meeting with the St. John’s
Landing HOA to discuss the wall issue, the buffer area, and other items referenced by the
HOA in their correspondence to the City. The P&Z Board reviewed the development at its
January 10, 2011 meeting. FWC Officer McDaniel met with staff on January 19, 2011 to
address the eagle situation. Numerous on-going negotiation sessions as well as on-site
meetings between the applicant and several residents of St. John’s Landing have taken place
since the last City Commission meeting. The City has been at the table for these meetings.
The final engineering plans, aesthetic review, special exceptions, DA, and 4-parcel plat
were scheduled to be considered by the City Commission at their regular meeting on
February 28, 2011.The City and the applicant have met with the neighboring residents to
try to address their concerns. Plan modifications continue to be discussed. At the February
28, 2011 Commission meeting, it was announced that the project would not be heard that
night. After additional negotiations with the residents of St. John’s Landing, the project
was
scheduled for a Special P&Z meeting on March 9, 2011 (P&Z recommended approval)
and was approved by the City Commission on March 28, 2011 (final engineering,
deviations, aesthetic review and the development agreement). Final engineering has been
reviewed and comments issued on April 14, 2011 relative to the final adjustments on the
plans. The Development Agreement is also being finalized pursuant to the direction of the
City Commission given at the March 28, 2011 meeting. A pre-construction meeting was
held on May 10, 2011. This meeting was mostly a progress meeting to talk about work
proceeding into the next phase as staff and the applicant finalize the details of the final
engineering plans. See Informational Agenda Item 106 (May 23, 2011) which includes an
update on the status of the Final Engineering.The DA has been signed and returned to the
Attorney’s office for recordation. The Phase I final engineering has been approved and
work should begin on June 6, 2011. The four part plat will be recorded the week of June 6,
2011.The four part plat was recorded on June 7, 2011. It is in the public records of
Seminole County under Plat Book 76, Pages 18-21. The applicant is working on the plat for
the Winter Springs Village tract and will be submitting same to the City in the near future.
This will enable the City to begin the process of clearing the street names through the E911
System. Staff is working with the applicant on the timing of building permits for this
project.On July 28, the applicant submitted a final plat for 99 units. A staff review meeting
with the applicant has been scheduled for August 16, 2011. On August 19, 2011, the
applicant submitted for a second review of the plat for Phase One of the project. This plat
will be presented to the City Commission on September 12, 2011 for their consideration.
The plat was approved by the City Commission at the September 12, 2011 meeting and staff
is scheduling the recordation of the plat. Efforts are underway to assign addresses for the
project and building plans are under review at the request of the architect. No plans have
been submitted for permitting by the contractor.The plat is ready for recording. At a
mutually agreeable time, staff will meet the applicant at the County Clerk’s office to
officially record the plat in the public records of Seminole County.The plat has been
officially recorded in the public records of Seminole County. On October 12, 2011,
Meritage Homes submitted 11 single-family residential building permits for review. The
building plans should be ready for issuance by October 21, 2011.The building plans are
ready for issuance contingent upon issues regarding addressing being resolved. The
applicant has submitted 11 building permits which are currently under review. All permits
applications have been resubmitted with responses to staff comments. Four (4) permits are
ready for issuance, three (3) permits have been sent for additional revisions, and four (4)
Informational 100 PAGE 13 OF 14 - February 13, 2012
permits are still being re-reviewed.Four (4) permits have been issued and vertical
construction has commenced.Several building permits per week continue to be
Staff conducted an open meeting with the applicants on January 17, 2012.
issued.
This meeting was the first of what will probably become a recurring meeting to discuss
project progress, process improvement, assess priorities, and to work out any concerns
with the project before they can cause schedule delays or increased review time
necessitated by a lack of data or a misunderstanding of application requirements. The
applicant has submitted a total of 32 permit packages. These submittals are in various
stages ranging from construction to review, comment response, and ready to issue.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and
the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City’s Website, LaserFiche, and the City’s
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff requests the City Commission receive and review the information provided in this
Agenda Item.
ATTACHMENTS:
None
Informational 100 PAGE 14 OF 14 - February 13, 2012