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HomeMy WebLinkAbout2013 12 09 Public Hearing 501 Primrose Academy PILOT Agreement; Final Engineering; Aesthetic Review COMMISSION AGENDA Informational Consent ITEM 501 Public Hearings X Regular December 09, 2013 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department - Planning Division requests that the City Commission consider three requests for a proposed Primrose Academy. The first request is for a proposed PILOT Program as presented; the second request is to consider both the Preliminary and Final Engineering Plans for the project; and the last request, to consider the Aesthetic Review Package for the project. SYNOPSIS: The City of Winter Springs and Primrose Academy, Inc. desire to enter into a Payment In Lieu Of Taxes (PILOT) Agreement in order to pay the fair share of the cost of services and as an inducement to undertake the development, construction and operation of the school facility within the City (see Attachment A - Payment In Lieu Of Taxes Agreement). The applicant, Primrose School Franchising Company (C/O Ted Tillman), is requesting approval of the Preliminary and Final Engineering Plans and Aesthetic Review for the Primrose School which is to be located on the southwest corner of Heritage Park Street and State Road 434. The Preliminary and Final Engineering Plans detail the construction of the infrastructure in the development (see Attachment B - Primrose School - Preliminary and Final Engineering Plans). The purpose of the Aesthetic Review is to encourage creative, effective, and flexible architectural standards and cohesive community development consistent with the intent and purpose of Article XI - Minimum Community Appearance and Aesthetic Review Standards (see Attachment C - Primrose School - Aesthetic Review Package). CONSIDERATIONS: Public Hearings 501 PAGE 1 OF 9- December 09,2013 FUTURE LAND USE AND ZONING DESIGNATION FLU: Mixed Use Zoning: Neighborhood Commercial (C-1) APPLICABLE LAW&, PUBLIC POLICY Home Rule Powers Florida Statutes City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs Section 9-601. Approval prerequisite for permits Section 9-605. Submittal requirements Developer's Agreement between the City of Winter Springs and Springs Land Investments, LTD and Jessup Shores Limited Partnership and Centex Homes Applicant Name and Address: Primrose School Franchising Company 3660 Cedarcrest Road Acworth, GA 3 0101 Property Owner: HSP 1001 LLC 1250 Highway 17-92 #210 Longwood, Fl 32750 Property Address: None Property Parcel ID'S: 36-20-30-503-0000-0020 Future Land Use Designation: Mixed Use Zoning Designation: Neighborhood Commercial (C-1) Approved Development Permits: Developer's Agreement Pending Code Enforcement Actions: None Cit. Lam: None CHRONOLOGY The subject property's development history is defined below: March 22, 2002—A Developer's Agreement between the City of Winter Springs and Public Hearings 501 PAGE 2 OF 9- December 09,2013 Springs Land Investments, LTD and Jessup Shores Limited Partnership and Centex Homes was made and executed in reference to a multifamily townhome residential community and proposed commercial development. The parties agreed that the Commercial Property would be developed in accordance with the Commercial Development Standards attached as 'Exhibit D' (see below). 'Exhibit D' - Commercial Development Standards Total Land Area: 1.6 Acres Land Use: All uses permitted in the C-1 zoning district and Professional Office. Town Center District Design Standards: Town Center District Code including but not limited to the: 1. All buildings shall be constructed to the "build-to-line", as defined in the Town Center District Code. 2. All buildings shall be at least two stories in height. 3. The architecture of all buildings and structures shall be generally in keeping with neo- traditional architecture and other design standards reflected in the Town Center District Code. DISCUSSION: A. Payment In Lieu Of Taxes (PILOT) The City, pursuant to Chapter 200, Florida Statutes and other applicable law, has the authority to impose ad valorem taxes upon real property within the City in order to promote the general and economic welfare of the City, to encourage private development in order to enhance the local tax base and create employment opportunities, and to enter into contractual agreements with landowners and private parities to achieve these purposes. Primrose desires to operate a school facility on the subject property and, in conjunction therewith, receive the benefit of general municipal services from the City, such as police and general City administrative services, that are typically funded by the City through the payment and receipt of ad valorem taxes. Primrose is a non profit corporation currently exempt from the payment of City ad valorem taxes. Not withstanding this exemption from ad valorem taxes, Primrose desires to enter into this agreement in order to pay their fair share of the cost of these services and as an inducement to undertake the development, construction and operation of the school facility within the City. The purpose of this agreement is limited to the understandings and agreements of the parties with respect to the PILOT payment which Primrose has voluntarily agreed to pay the City on an annual basis. The initial payment shall be Five Thousand Three Hundred Eighty-Five and No/100 Dollars ($5,385.00). Subsequent payments shall be increased annually by three percent (3%) or the percentage change in the Consumer Price Index (CPI) for all urban consumers. The initial payment shall commence on November 1st immediately following the date that the City issues the certificate of occupancy for the school facility to be constructed on the property. B. Preliminary and Final Engineering Plans The proposed Preliminary and Final Engineering Plans propose a 12,324 square foot daycare facility at the southwest corner of Heritage Park Street and State Road 434. The proposed development will have a maximum 206 students with an anticipated buildout in 2015. General data for the Preliminary and Final Engineering Plans include the following: Public Hearings 501 PAGE 3 OF 9- December 09,2013 Land Use: Mixed Use Existing Zoning: Neighborhood Commercial (C-1) Total Number of Acres: 1.6 Gross Acres Building Setbacks: North(Side): 13.4' South (Side): 787 East(Rear): 8' West(Front): 139.4' Floor Area Ratio: 12,324 sq. ft. /69,886 = 0.18 Maximum Building Height: 24' - 10" Parking Required: Schools: 1 space per 1,000 sq. ft. of floor space plus sufficient parking for safe loading and unloading Total Parking Required: 13 Spaces Total Parking Provided: 40 Spaces (38 regular; 2 handicap) The proposed building incorporates neo-traditional architecture, is designed to be constructed as close to the "build-to-line" as possible and will be two stories in height. Primrose School Traffic Notes: City Staff has reviewed and approved a Traffic Impact Analysis for the proposed Primrose School At full capacity, the Primrose School is estimated to generate 902 daily trips, including 164 AM peak hour trips and 167 PM peak hour trips, based on industry standard demand rates from the ITE Trip Generation Manual. The Traffic Study determined (after addressing all Staff review comments) that the roadway segments and intersections impacted by the project will operate at an acceptable level of service at project buildout. A day care has a significant portion of"pass-by" trips, meaning the trips are generated from the existing traffic stream on the adjacent roadway (SR 434) and are not creating new traffic on the arterial. For a day care, the pass-by rate is estimated to be 50% based on ITE standards. When this pass-by rate is applied, the total number of new daily trips is reduced from 902 to 451. Based on a SR 434 current traffic volume of 32,000 vehicles per day (VPD), using FDOT standards, the 451 new trips represents a 1.4% increase in the daily traffic on SR 434. SR 434 has a capacity of 39,800 VPD at the minimum level of service (E). A "trip" is a single traffic movement to or from the site. For example, if a vehicle enters the day care site, drops off a child, and then leaves the site, this would count as two trips. The project does generate a relatively significant traffic increase during the AM and PM peak hours on Heritage Park Street and at the SR 434/Heritage Park Street intersection; however, the roadway and intersection are projected to operate at an acceptable level of service at project buildout. A signal timing adjustment will likely be needed to provide additional green time for the Heritage Park Street traffic movements during the AM and PM peak hours. Public Hearings 501 PAGE 4 OF 9- December 09,2013 Seminole County (who is responsible for signal timing) has been cooperative with the City in making necessary timing adjustments at this and other signalized intersections in the City of Winter Springs in response to new development. The Traffic Impact Analysis is a report prepared by a professional engineer that analyzes the roadway and intersection capacities for the transportation facilities impacted by the project. The study evaluates the existing conditions and then determines if there is adequate available capacity to handle the additional traffic demand from the project while maintaining acceptable levels of service. For Primrose School, the roadway segments evaluated consisted SR 434 and Heritage Park Street. Roadway segments were analyzed for their daily and AM/PM peak hour capacities. In both cases, there is adequate roadway capacity on these segments. The intersections evaluated consisted of SR 434 at Heritage Park Street SR 434 at Doran Drive SR 434 at Winding Hollow/Parkstone SR 434 at SR 419 SR 434 at Tuskawilla Road All intersections were determined to operate at an acceptable level of service at project buildout. Heritage Park Street has an estimated daily capacity of 9,000 vehicles per day. The 158 townhome units generate an estimated 1,000 daily trips (using ITE trip generation rates; the actual current demand appears to be much lower). Between the existing townhome daily traffic (1,000 VPD) and the projected new day care traffic (902 VPD), the combined daily traffic volume is well within the available capacity of Heritage Park Street. In December 2008, the City Commission approved the Final Engineering plans for a 24,000 square foot office complex at this site. The table below shows the comparative traffic generation between the previous office complex and the proposed day care. Net New Trip Daily Trip Generation after AM Peak Hour PM Peak Hour Generation Pass-by Trips Trips Reduction 24,000 SF Office 445 445 60 106 Primrose Day 902 451 164 167 Care Public Hearings 501 PAGE 5 OF 9- December 09,2013 In addition, the entrance driveway is shown at the recommended location that minimizes the sight distance problem with vehicles approaching the driveway on southbound Heritage Park Street. In order to have the driveway at this location, the Heritage Park Homeowner's Association will need to grant the Primrose School an extension to the existing ingress/egress easement that currently ends at the existing driveway turnout. This easement will need to be recorded before site construction begins. C. Aesthetic Review Package The attached Aesthetic Review package is for a proposed 12,324 square foot daycare facility located on the southwest corner of Heritage Park Street and State Road 434 (see Attachment C - Primrose School Aesthetic Review Package). The submittal requirements for aesthetic review are set forth in Section 9-600 through 9-607 and include the following: (a) a site plan; (b) elevations illustrating all sides of structures facing public streets or spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other constructed elements other than habitable space, if any; (e) illustrations of materials, texture, and colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural and engineering data as may be required. The procedures for review and approval are set forth in Section 9-603. The City Commission may approve, approve with conditions, or disapprove the application only after consideration of whether the following criteria have been satisfied: (1) The plans and specifications of the proposed project indicate that the setting, landscaping, proportions, materials, colors, textures, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. The Aesthetic Review is specifically for a proposed 12,324 square foot daycare facility located on the southwest corner of Heritage Park Street and State Road 434. The proposed daycare facility will be two (2) stories in height and shall be generally in keeping with neo-traditional architecture. The roofline has been raised and is detailed with the use of dormers, second story windows, and square cupolas above the entryways. (2) The plans for the proposed project are in harmony with any future development which has been formally approved by the City within the surrounding area. The proposed daycare elevations enhance the architecture exhibited within the surrounding area along the SR 434 corridor. (3) The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: A. Front or side elevations, B. Size and arrangement of elevation facing the street, including reverse arrangement, C. Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Public Hearings 501 PAGE 6 OF 9- December 09,2013 The proposed daycare facility and associated fencing and monument signage elevations enhance but don't appear excessively similar or dissimilar to the other structures in the immediate area. (4) The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. The proposed aesthetic review package includes a proposed daycare facility, fencing and monument signage that truly enhances the character and aesthetics of the surrounding area. The local community is composed of existing townhomes, commercial, and public/semi-public facilities. While this style of neo-traditional architecture is slightly different than the majority of the existing Town Center, it adds a unique style of neo-traditional architecture that is complementary to the mixture of the Town Center. (5) The proposed project is consistent and compatible with the intent and purpose of this Article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Town Center guidelines, SR 434 design specifications) and other applicable federal state or local laws. The proposed project is consistent and compatible with the Comprehensive Plan and other applicable design guidelines. The final architectural plans will be reviewed for compliance with all building code criteria. (6) The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. The proposed aesthetic review package details a daycare facility that truly enhances the character and overall aesthetics of the surrounding area. The local community is composed of existing townhomes, commercial, and public/semi-public facilities. The proposed aesthetic review package includes following: The Primrose School of Winter Springs has been designed with the City of Winter Springs Town Center guidelines in mind. It utilizes the Primrose standard floor plan and basic elevation. Elements of design that are important to consider in early childhood environments are softness, variety of texture, color, and lighting. When planned carefully, these elements can help to establish an aesthetically pleasing, homelike environment. Modifications such as additional dormers and faux front entrance have been incorporated to provide a two story feeling to the building without overburdening the project cost with unusable space and still maintaining the desired homelike appeal. The color palate has been elected with the specific intent of blending in with the existing town homes to our north. A three foot high tan split face masonry wall with a black three foot tall faux wrought iron fence on top abuts the town home fence and traverses the front of the property to the near corner of the building. Here it make a transition to a black six foot tall faux wrought iron fence across the entire building. The %" pickets spaced 3 V2" apart provide the required security for the Public Hearings 501 PAGE 7 OF 9- December 09,2013 children while allowing the "Autumn" colored stacked stone with buff grout and beige stucco building with colonial green shutters to be seen clearly from the street. The gated faux front entrance facing E. State Road 434 has the stacked stone the full height with a dark bronze standing seem awning across the entry. The monument sign is constructed of the same stacked stone and is illuminated by an external ground mounted light fixture. FINDINGS: 1. The proposed daycare facility elevations are consistent with the Aesthetic Review requirements prescribed in the City Code of Ordinances. 2. The daycare facility elevations include detailing and attention adding to their appearance and the quality of the development. 3. The proposed daycare facility elevations utilizes colors and materials that complement the adjacent multi-family, commercial, and public/semi-public development in the surrounding area. 4. The proposed development is located within the City of Winter Springs having a Mixed Use Future Land Use and Neighborhood Commercial (C-1) zoning designation. 5. The proposed development adheres to the requirements set forth in the Binding Development Agreement between the City of Winter Springs and Springs Land Investments, LTD and Jessup Shores Limited Partnership and Centex Homes dated March 11, 2002 relative to the development of the commercial parcel. FISCAL IMPACT: The City of Winter Springs and Primrose Academy, Inc. desire to enter into a Payment In Lieu Of Taxes (PILOT) Agreement in order to pay the fair share of the cost of services and as an inducement to undertake the development, construction and operation of the school facility within the City. Primrose has voluntarily agreed to pay the City on an annual basis. The initial payment shall be shall be Five Thousand Three Hundred Eighty-Five and No/100 Dollars ($5,385.00). Subsequent payments shall be increased annually by three percent(3%) or the percentage change in the Consumer Price Index (CPI) for all urban consumers. The initial payment shall commence on November 1st immediately following the date that the City issues the certificate of occupancy for the school facility to be constructed on the property. 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. Public Hearings 501 PAGE 8 OF 9- December 09,2013 RECOMMENDATION: The Community Development Department - Planning Division requests that the City Commission approve three requests for the proposed Primrose Academy. 1. Approve the PILOT Program as detailed in the staff report 2. Approve the Preliminary and Final Engineering Plans for the proposed Primrose Academy 3. Approve the Aesthetic Review Package for the Primrose Academy ATTACHMENTS: A. Payment In Lieu Of Taxes (PILOT) Agreement B. Preliminary and Final Engineering Plans C. Aesthetic Review Package D. Minutes -November 6, 2013 Planning& Zoning Board Meeting Public Hearings 501 PAGE 9 OF 9- December 09,2013 Attachment 'A' Prepared by and return to: DRAFT 11/22/2013 Anthony Garganese,Esquire Brown, Garganese,Weiss&D'Agresta,P.A. 111 N. Orange Avenue, Suite 2000 Orlando,FL 32801 (407)425-9566 PAYMENT IN LIEU OF TAXES AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND PRIMROSE ACADEMY, INC. THIS PAYMENT IN LIEU OF TAXES (PILOT) AGREEMENT ("Agreement") is made and entered into this day of , 20 (the "Effective Date") by and between the City of Winter Springs, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City") whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and Primrose _[NEED EXACT NAME OF ENTITY TO HOLD TITLE TO PROPERTY] a non profit corporation (hereinafter referred to as "Primrose") whose address is and shall be fully enforceable in accordance with the terms hereof. WITNESSETH: WHEREAS, the City, pursuant to Chapter 200, Florida Statutes and other applicable law, has the authority to impose ad valorem taxes upon real property within the City in order to promote the general and economic welfare of the City, to encourage private development in order to enhance the local tax base and create employment opportunities, and to enter into contractual agreements with landowners and private parties to achieve these purposes; and WHEREAS, Primrose is the owner of certain real property located within the City of Winter Springs, Florida, which real property is more particularly described in EXHIBIT "A" (attached hereto and incorporated herein by reference; said property hereinafter being referred to as the "Property"); and WHEREAS, Primrose is a non profit corporation currently exempt from the payment of City ad valorem property taxes; and WHEREAS, Primrose desires to operate a school facility on the Property and in conjunction therewith, receive the benefit of general municipal services from the City, such as police and general City administration services, that are typically funded by the City through the payment and receipt of ad valorem taxes; and WHEREAS, notwithstanding this exemption from ad valorem taxes, Primrose desires to enter into this Agreement in order to pay their fair share of the cost of these services and as an 1 inducement to undertake the development, construction and operation of the school facility within the City; and WHEREAS, the purpose of this Agreement is limited to the understandings and agreements of the parties with respect to the PILOT payment which Primrose has voluntarily agreed to pay the City on an annual basis for the reasons expressed herein. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration each to the other has provided, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated into this Agreement by reference, and are a material part of this Agreement upon which the parties have relied, including but not limited to the assertions that Primrose has voluntarily agreed to offer and make the annual payment in lieu of taxes (PILOT) payment to the City in accordance with the terms and conditions of this Agreement. 2. Payment in Lieu of Taxes. (a) Notwithstanding the laws of Florida which currently exempt Primrose and the school facility to be located on the Property from ad valorem taxation, Primrose agrees to voluntarily make a PILOT for each City fiscal year. The initial payment shall be Five Thousand Three Hundred Eighty-Five and No/100 Dollars ($5,385.00). Subsequent payments shall be increased annually by three percent (3%) or the percentage change in the Consumer Price Index (CPI) for all urban consumers, U.S. city average, all items 1967=100 or successor reports for the preceding calendar year as initially reported by the U.S. Department of Labor, Bureau of Labor Statistics, whichever is less. The City may direct such payments to any general City fund or such specific funds or funds as may be established by the City from time-to-time, and the City shall be under no obligation to distribute such payments in the same manner as taxes are distributed. (b) The initial payment shall commence on November 1st immediately following the date that the City issues the certificate of occupancy for the school facility to be constructed on the Property and subsequent annual payments shall be made every November 1st thereafter. (c) All payments shall be by check, made payable to the City of Winter Springs, and remitted to the Finance Director of the City of Winter Springs at the address provided for Notices in Section 20 of this Agreement. (d) In the event that the Property becomes fully subject to City ad valorem taxes like any other commercial parcel of land in the City, future PILOT payments required by this section shall cease. 3. Priority Lien Upon the Property. Primrose agrees that the financial obligation to make the annual PILOT payment to the City shall be considered a priority lien on the Property on parity with ad valorem taxes and assessments. In order to secure this prioritization, Primrose 2 shall be required to obtain joinder agreements from any and all lenders that may have a mortgage against the Property evidencing that the lender has unconditionally consented to priority lien status of the PILOT payment. The joinder agreements shall be in a form deemed acceptable to the City Attorney and shall be executed and delivered to the City in conjunction with Primrose's execution and delivery of this Agreement to the City. 4. Non-Payment. Non-payment of any portion of the PILOT shall constitute a default. Notice of non-payment by Primrose shall be provided to Primrose (and to any of Primrose's lenders having a mortgage against the Property) by the City in the manner and at the address provided for notices in Section 20 of this Agreement. Primrose shall have thirty (30) days to cure the default after receiving such notice. In the event the condition causing the default is not cured within thirty (30) days, the City may commence an action in a court of competent jurisdiction to collect any non-payment including seeking foreclosure of the Property. The City shall be entitled to interest, at the maximum rate established by law for judgments or past due ad valorem taxes, whichever is greater, for the period of time the payment is past due. In addition, the City shall be entitled to reimbursement of reasonable attorney's fees and costs in any action or claim filed by the City for purposes of compelling payment of the PILOT required hereunder. 5. General Services Provided by the City. In consideration of receipt of the PILOT, the City agrees to provide the same general municipal services, such as police and general administration services, to Primrose and the Property that the City provides other property owners and properties located within the City. Further, said services shall be provided in the City's ordinary and customary manner without affording any special privileges or benefits to Primrose or the Property. Under no circumstances shall this Agreement be construed or interpreted as establishing any specific level of service. Any services provided by the City shall remain subject to the City's sole lawful discretion. Furthermore, the provisions of this Agreement shall not be construed or interpreted in any way whatsoever as exempting Primrose or the Property from the payment for any other municipal services provided by the City in which special charges and fees are imposed for receiving such services including, but not limited to, service charges and fees for water, sewer, stormwater, garbage, licenses, and permits. 6. Term and Termination. This Agreement shall remain in full force and effect so long as the Property is fully exempt from City ad valorem taxes regardless of use. 7. Lender's Right to Cure for Non-Payment. The City shall send a copy of any notice of default related to non-payment of the PILOT to Primrose and any Primrose lender with a mortgage recorded against the Property. Said Lender(s) shall have the same time and rights to cure the default as Primrose, and the City shall accept a cure by any such Lender as if such cure had been made by Primrose. Primrose shall provide and maintain on file with the City's Finance Director a current list of all such lenders for such notice purposes. 8. Other Taxes Not Covered. This Agreement only covers the PILOT. Nothing contained in this Agreement shall be construed as exempting Primrose from any local, state or federal taxes, assessments or fees. 9. Disclaimer Of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties to this Agreement and no right or cause of action shall accrue by 3 reason hereof to or for the benefit of any third party not a formal party hereto; except, however, Primrose's lender(s) shall have the right to cure defaults for non-payment pursuant to section 7 of this Agreement. 10. Successors and Assigns. This Agreement and the terms and conditions hereof shall be binding upon and inure only to the benefit of the City and Primrose and their respective successors and assigns in interest in writing, by duly recorded and lawful instrument. 11. Applicable Law. This Agreement and the provisions herein shall be construed, controlled and interpreted according to the laws of Florida. 12. Binding Effect. Each party represents to the other it has undertaken all necessary actions to execute this Agreement and has the legal authority to enter this Agreement and to undertake all obligations imposed on it. 13. Recording. Upon full execution of this Agreement by the parties, the City shall, at its sole cost and expense record a fully executed copy of this Agreement in the Public Records of Seminole County, Florida. Following the recordation of this Agreement, the benefits and burdens of this Agreement will become a covenant running with the title to the Property and all parts and parcels thereof, and this Agreement shall be binding upon and will inure to the benefit of both the City and Primrose, and the assigns and successors in interest to the Property and all parts and parcels thereof. 14. Venue. Any and all actions or proceedings arising out of or related to this Agreement or brought to enforce or interpret this Agreement, shall be brought exclusively and solely in the court of appropriate jurisdiction in Seminole County, Florida. 15. Construction Or Interpretation Of the Agreement. This Agreement is the result of bona fide arm's length negotiations between the parties and all parties have contributed substantially and materially to the preparation of the Agreement and were represented by counsel. Accordingly, this Agreement shall not be construed or interpreted more strictly against one party as against the other party. 16. City Code; Development Permits. Nothing herein shall be construed as exempting Primrose from applicable City Codes and ordinances. Further, this Agreement shall not limit the City's authority to grant or properly 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 Primrose 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 Primrose is in default for non-payment of the PILOT required by this Agreement. 17. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, in the event of a dispute regarding this Agreement, the parties shall bear their own attorneys' fees and legal costs and neither shall be responsible to pay the other's legal fees. 4 18. Caption/Exhibits. (a) The headings or captions of the sections and subsections contained in this Agreement are for convenience and reference only, and do not, in themselves, have any legal significance and shall not be afforded any. (b) Any exhibits to this Agreement are hereby incorporated into this Agreement and are an integral part of this Agreement. 19. Severability. If any provision of this Agreement is held to be unlawful by a court of competent jurisdiction and the PILOT required hereunder is deemed unlawful or invalid, the parties shall be required to promptly renegotiate, in good faith, the terms and conditions of this Agreement in a manner that ensures that the City is reasonably compensated, on an annual basis, for the general municipal services provided to Primrose and the Property. 20. Notices. Any notice delivered shall be in writing and shall be deemed to be delivered (whether or not actually received) when it is hand delivered to the official hereinafter designated; upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail return receipt requested; or upon receipt of such notice when deposited with Federal Express or other nationally recognized overnight or next day courier, addressed to the parties as follows: To Primrose: With a copy to: To City: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5957 Fax: (407) 327-4753 With a copy to: Anthony A. Garganese Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407) 425-9566 Fax: (407) 425-9596 5 21. Entire Agreement. This Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter hereof and it supercedes all prior agreements, arrangements or understandings, whether oral or written. 22. Modification. This Agreement may not be amended, changed or modified nor may any material provisions hereunder be waived, except by a written document of equal dignity signed and recorded by the Primrose and the City after approval by the City's City Commission at a public meeting. WHEREFORE, the parties hereto have caused these presents to be signed all as of the date and year first above written. WITNESSES: PRIMROSE: [insert corporate name] Printed Name of Witness By: Its President Printed Name of Witness ATTEST (Seal): CITY OF WINTER SPRINGS, a Florida Municipal Corporation, By: ANDREA LORENZO-LUACES By: City Clerk CHARLES LACEY Mayor APPROVED AS TO FORM AND LEGALITY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A. GARGANESE, CITY ATTORNEY 6 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2013, by , as of who is personally known to me or who has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Georgia Commission No.: My Commission Expires: 7 Exhibit "A" The Property Parcel 2, WAGNER'S CURVE REPLAT, according to the map or plat thereof as recorded in Plat Book 63, Page 13, Public Records of Seminole County, Florida. 8 — A Q' 0 z c z � � 3 N A O m I- z O O = O > 0 0 3 D z O� A m m o C m Ul Cz A D m ooAJ T1 — _ vi L/) z 0 70 m M Z� 7� m L/) po C/1 � � � � om — 0 z D � O n� m D mK r - O Z r A o m z REVISION DATE REVISION DATE SCHOOL iZDEVELOPMENT L111-1 D­1 I n HERITAGE PARK ST. & SR 434 o C CA 29354 ° WINTER SPRINGS, FLORIDA ve,Leeo 708 E.COLONIAL DR„STE 100 PH:(407)271-8910 ORLANDO,HL 32803 FAX:(407)442-0604 3 n O _ — z = O n c. z = = z = O - z FT- m Z - - O Z Z - 2- 2 m Z7 _ D �H - - - - -- --_ - - - - Z F = — PI — — — — — — — — F — — — FE— — — — A — _ _ 2S7 - Fx O Fx IT FF rF MV m n m - - - --- _ - - — - - (l - - - r - - - mr - Fn - Zo N N Z Z o A OT m(1_ - _ - -- _ - C) -_- - - - - - - - - U) O - Z O - Z - _ = O N ul r C cn - _ _ _ _ - _ m m m � _ n D m - 9 x nD L PRIMROSE S C H 00 L 0 REVISION DATE REVISION DATE Ei C„COMMENTS i Z DEVELOPMENT C) HERITAGE PARK ST. & SR 434 Q CA 29354 WINTER SPRINGS, FLORIDA ve,1111 Al 708 E.COLONIAL DR„STE 100 PH:(407)271-8910 ORLANDO,R 32803 FAX:(407)442-0604 D I a D I - ° - Z N25.24 N > ❑ F! �~ x� �r D• z m 31 "C ° � D ��o — IIIIIIIIIII=1111111111 � o 'I 70 �l I o 0 n + � ,' IIm �O� 0 Fm 3 a m 99F a r ® > D 4 „ TW:. 5 22 M of (L-1 APED MET - - - 00000000000000000000 0000000000000000000000000 ON PRIMROSE SCHOOL REVISION DATE REVISION DATE LCITY COMMENTS DEVELOPMENT L— o n HERITAGE PARK ST. & SR 434 ZS e � � e 5 CA 29354 D WINTER SPRINGS, FLORIDA PI L111 708 E. RH(407,271-890 IL Tu 11-11 ORLANDO,FL 12111 FAX:(407)442-0604 Aga � 0 I rn 1 0000 ° 26,1® 26��° I 1 0 0 0 0 I � ➢ = , � o It m� a = +, aw OD �� M� o _a I 0 n N 0 m D 0 0 � I =O m 0� I 0 v i I \r iST s LaN A > [ aveo me �ereia:Paveres� i I L PRIMROSE SCHOOL REVISION DATE REVISION DATE n o,v aMMFN,= i Z DEVELOPMENT !� w HERITAGE PARK ST. & SR 434 CA 29354 WINTERSPRINGS FLORIDA 108 E.COLONIAL DR„STE 100 PH:(407)271-8910 D vE,EEO ORLANDO,FL 32803 FAX:(407)442-0604 llu > _4 -V� 9' N2�24 20 c R 2 T i7IIII 2 -L2il ----------- 7- ia 3 A m + 4 2 T TV M Mg. im ® ,,3f _= w ,— — ei - i m 3 m n U ................ 0 7-7 --H 9 M --d qo T Pei REVISION DATE REVISION DATE > PRIMROSE SCHOOL LCIII COMMEN11 ZS A,—COMMENIS S e r v I c e s 0 HERITAGE PARK ST. & SR 434 CA 29354 108 1.C.LONIIL DR STE 100 PH:(407)271-8910 WINTER SPRINGS, FLORIDA -1.1 1116INIIII PI L111�l ORLANDO,FIL 32803 `AX:(407)442-0604 IL llu�-12 ni G£rQ� �� Fs F - -- �� I ► " di, � ► s, s � V '�`�, A� � s 1 r s t S3 �s W m . ► A � - --i -T ^ r-n �, m - l4 1� S ►� � 's �; ��� _ o � x°111 �_ �� Vie, e ° n a" , C w �W v % - ® mA o.k A — a .mss ° q - EF , m h s ° �9 m , i 2 © o ® 0 0 0 0 0000000000 00 00 0� � ��� � Z Asm Z L PRIMROSE SCHOOL REVISION DATE REVISION DATE Z DEVELOPMENT - HERITAGE PARK ST. & SR 434 (� CA 29354 D WINTER SPRINGS, FLORIDA 1.ECOLONIALDR STE100 PH(407,271-890 ORLANDO,FL 32803 FAX:(407)442-0604 IL llu -12 G) 8 8 G G U) m m m C-) > 0 z L 0 0 m F L F—ti N fi r c z _0 > z m cl)cf) c') ;um om z �p 4- -0 M* NALL MINI I—M mm m< Ln > 7 ---i 06 Oz m z >0 In* -i m c') ti m m 0 0 O II IIII II z z O > 11 ry uEN RE 10 IIIIII L > lR 11 IIN�l DERNER NR-LINE MIN RE(RE III ,I IIII II III II \T 9f, TT �11 o _Y LONE III FF- V,5� f6 MIN E� END OF WALL (n U) m m 0 0 i z z m 11 M 1�,Dl m 1 RE El -A �6 LYE A E rE IH REVISION DATE REVISION DATE o > III PRIMROSE SCHOOL LCIII COMMEN" ZDEVELOPMENT s e r v i c e s HERITAGE PARK ST. & SR 434 CA 29354 IM 1.COLONIAL DR STE 100 WINTER SPRINGS, FLORIDA -1.1 111GIN1111 PI L111�l EPH(4 2'1-'1' 4 IL RIG�-12 ORLANDO,FL 32803 AX:(40 42-0604_ m N gs I A 2 MIN IS o C) 0 LA I xa�T o i TI m r A •� "s _ � O ao4 g m. , o r m a FD k , FE O� r� .fir Tr E \� R r r - I a� �I vas m _ - y+o -TTa = o _ o � A m = o 3 _ o u a _ _ F n A m -_M" D z � y od _= - - z O - zA o PRIMROSE M ROS E SC H 00 L REVISION DATE REVISION DATE iZDEVELOPMENT n " HERITAGE PARK ST. & SR 434 o � CA 29354 WINTER SPRINGS, FLORIDA 11 Leeo Al 708 E.COLONIAL DR„STE 100 PH(407) ORLANDO,HL 32803 FAX:(40 7)442-0604 o o G D� Z _ « O O �O D p� �z =n 8 - O = !� D m F >> A 4'D Z \ Z gv j In m D O O igol v " = - gA 0 Ain n O O - __ - ��'��°�➢ > n m z - f� o m A D m _A e m m ., m m -- A m m m o mn r \ n 0 0 o 1 e O A➢�. om m x cn A c _ A o� ° _ > o naA m �?o >° III — - _ - D r, z n O O O D _ Z - goN o _o z o o o 0 0e =1111 D Af ii NEW N2 r o o dill D - � ollml m " o OP _- _-- - - _m Tull m m m Z Z m -gin Am _ m =� D a A O al�Iml zI' _ z (A o f CD F s^ >. o O HMMT—><K D 'D — Z �> m � ° O oo D O - Z D =D � N a 6 as ..r_. �< ° D IIII m / 1 1� n 'NS :. yz m �'� �` te^ 9�s. 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A o u A ° — o e o o� > v 0 n � zg 0 A y REVISION DATE REVISION DATE m x z o PRIMROSE SCHOOL Llll<I—EN" iZDEVELOPMENT HERITAGE PARK ST. & SR 434 CA 29354 WINTER SPRINGS, FLORIDA ve,Leeo 708 E.COLONIAL DR.,STE 100 PH:(407)271-8910 ORLANDO,HL 32803 FAX:(407)442-0604 O 0 ; .._ O O IF S t m r-r c-r-r TI p r-1•Prerazr p — Dm O =00 O # no m A's oho a �C D mO - Z - u S -��� 00 cC o - m m `L IUm �m - _ ri -- <v z z me m An It q wolf d pth var z _�-_� N x m 9 ° C1 � - r o i ry D - �Ir - D - O8n �x ® j q i - 1 N ti m o� n - - 6 m mA T T ° n o f m .gym �p _ 0 m ° _ M ti V 9 n Z O s D m L J m _- s_°A r- D - m s8� 3d t— oo _ m mm / s �lz` R 8RC M 2 oA D _ v s a PF w --t MaN O CD ° > A m m -- > < m= 9N 1 - _ aaorv�rvaa o o - m zA PRIMROSE SCHOOL 00 L REVISION DATE REVISION DATE iZDEVELOPMENT rn �" HERITAGE PARK ST. & SR 434 CA 29354 WINTER SPRINGS, FLORIDA ve,�eeo 708 E.COLONIAL DR.,STE 100 PH(407) ORLANDO,FL 32803 FAX:(407)442-0604 0 0 =4 m om o _ - �d'M z - D Mw 0 m. - - m o 0 A r A o E ^�^ D F3 n D m V V' r ISE _ s -a � m 9N D NA T zF 3�a * MIN n O _ O I O - FF m z xI= - --_— - ° a I n Z zz R�a m saa saa O v O n A - m < - xittxi O m A p Z r '_° m o ttxi 60-1 M < - D zF I £ C> f m n y n y A -0m o A m n OVA x n — a < �m z z m xi M A I o n \ ttxixitttt g _ g M IN, o ttttttttxi O O m v C U D mg IF O = D 2 T - IF CA Z O III--- N - Om / n g A m O z m A n a F 0 A z a x D z m A 0 0 \l s I s z v O m 4 4 i ti n i A m s m 2 2 A Z 0 0 \l a I a °3 m m n REVISION DATE REVISION DATE z PRIMROSE SCHOOL o<,<aMMEN,= i DEVELOPMENT HERITAGE PARK ST. & SR 434 ° ""`' Z5 e � � e s CA 29354 D WINTER SPRINGS, FLORIDA ve,Leeo 108 E.COLONIAL DR.,STE 100 PH:(407)271-8910 ORLANDO,HL 32803 FAX:(407)442-0604 1 N oil, I > gi o n si > iN rn i1b rm�d I lw� Wov I ttl�i' p rn 4 y(D t: LL i ;2 ���! 1 �l REVISION DATE REVISION DATE E PRIMROSE SCHOOL ZDEVELOPMENT oho r c e 5 HERITAGE PARK ST. & SR 434 CA 29354 1.E.COLONIAL IR STE 100 PH:(407)271-8910 WINTER SPRINGS, FLORIDA 1116-111 P1 L111 Al ORLANDO,HL 32803 FAX:(407)442-0604 A%cmm£C . \ /l , < � a. G « \ .1i,31 Alli M i� ; E - \ - � } } = f§JE Q �}{Q)!\ Ge@o«m- TO THE NORTHEAST e f y � y \ }e ! 9j \ \0 \ mN6rELEVATIONS ' p y. Iyni le IN I® p °;, CJ, I!: WI IIIh 111 IIII i Ud EXTERIOR VIEW WITH FENCE b BUS STOP Site: Children's Design Group 411d�$QS PRIMROSE SCHOOL OF Mark D.Pavey,A.I.A.-Architect Q �1 1114 Eagles Greek Way WINTER SPRINGS Acworth,GA 30101 110-485-8496 206-350-0593 Fax WINTER 5PRIN65,FLORIDA child.design®mindspring.com Scli00'<.9 Date: 10/2l/2013 ® _ IR 1■P iniw# ■ r", 119 ■■■ EXTERIOR VIEW Site: Children's Design Groop 41MR� PRIMROSE SGHOOL OF Mark D.Pavey,A.I.A.-Architect 4� 1114 Eagles Greek Kay WINTER SPRINGS Acworth,GA 30101 110-485-8496 206-350-0593 Fax WINTER SPRINGS,FLORIDA child.design®mindspring.cam S�,HOO�-9 Date: 10/-7/2013 yti 0 r 1 J Q 3 AW ri mp", ° duo agm < b q.g Q -�s�o®O c >m pmrn EXTERIOR VIEW-TO THE NORTHEAST U y Ca 6 F LL ff J p wa ? 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O WnLI MaMt®�L 516aM �n NEST ELEVATION w.iw ..■.•" €�3 CONSTRUCTION NOTES: 8 4. -) o x : o 0 EAST ELEVATION e.rv •:ms a .IA1tp� Tz ❑s �� °'oNOO�s ss -01 4pa Affin a oa _ v tea` DSOUTH ELEVATION.-.— re.KUns OU IEMI IBM x N —© _-Fl QQ NORTH ELEVATION-WITHOUT HALL ire.iw R-zoi}� ■ mo.^5 na. E%T6UOR d�A-4. 0 NORTH ELEVATION-WITH WALL im°�� om mom I --jZW- ......................... 0. E 00000ROOOODS 00❑ 000C 0 ELI .0 1 u4414xp - 0 = ❑ ❑ ❑ ❑❑ oto 0. E� ILL SCREEN HALL DETAIL aW, V- _ A� T FLAG POLE DETAIL TAIL _D cones M31" L CHAIN LINK FENCE (DNMF-,TER PLAN 4 ELEVATION rvu MRF-7� B4 of PRIMROSE SCH 0 ............ A——1 MONUMENT 516H SECTION XmP5TER 5ECTION MONUMENT sirN ELEVATION DUMP5TER 6ATE5(POST B HINGES) #BM HG 112 TATE OLIVE (INDUSTRIAL ENAMEL, EXTERIOR APPLIGATION) EXTERIOR WD.TRIM,EXTERIOR TO MATCH HARDIE TRIM DOOR5,FRAMES,LOUVERS, SANDSTONE BEIGE JH30-20 CUPOLA WALL5,GUTTERS AND (BM HG-82 or 511 5W(9151) AND DOWN5POUT5,SOFFITS. EXTERIOR HARDIE TRIM, SANDSTONE BEIGE JH30-20 FASCIA,FRIEZE (BM HG-82 or 5W SW 6151) WINDOW5 BEIGE ALUMINUM STUCCO MATCH HARDIE SAIL CLOTH,JH 2O-10 ASPHALT SHINGLES: MANUF.:GAF STYLE:TIMBERLINE SERIES,T-30 WITH"SHADOW ACCENT" COLOR:WEATHERED WOOD SHINGLES: NOTE:ALL ROOF MOUNTED EQUIPMENT SHALL BE PAINTED TO MATGH ROOF COLOR VINYL SHUTTERS ARCHITECTURALDEPOT.COM-14" JOINED SHUTTERSVVIN5TALL 51-REW5 WIDE STANDARD 51ZE FOUR BOARD PPEFIN15HED#282 COLONIAL GREEN STANDING SEAM ROOFING: KYNAR 500-"DARK BRONZE" BUILDIN6 STONE: LONE5TAR STONE-LIBERTY CLASSIC COLOR=AUTUMN WITH BUFF GROUT SANDSTONE BEIGE - TRIM e,X'77 STUGGO WINDOW-SHUTTERS a ' BUILDING STONE STANDING SEAM ROOFING PAINT - TATE OLIVE Site: Children'5 Design Group ¢1I�RO Mork 0. Povey,A.I.A. - Architect 4 mp� PRIMROSE SCHOOL of 1114 Eagles Greek way WINTER SPRINGS Acworth,GA 30101 X10-485-8496 WINTER SPRINGS,FL 206-350-0593 Fox child.design®mindspring.com S 5 Date: 8/22/2013 cH00� Attachment 'D' CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING t� NOVEMBER 6, 2013 � CALL TO ORDER The Regular Meeting of Wednesday, November 6, 2013 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Chairperson William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson William H. Poe, present Vice-Chairperson Bob Henderson, present Board Member Howard Casman, present Board Member Bart Phillips, arrived at 5:37 p.m. Board Member Suzanne Walker, present Deputy City Clerk Sarah Hart, present Board Member Suzanne Walker led the Pledge of Allegiance after a silent invocation. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT No one spoke at this time. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-NOVEMBER 6,2013 PAGE 2 OF 8 CONSENT AGENDA w CONSENT 300. Office Of The City Clerk Requesting Approval Of The October 2, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Chairperson Poe stated, "The Chair will entertain a Motion with regard to those Minutes (October 2, 2013)." "MOTION TO APPROVE". MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE MOTION CARRIED. CONSENT 301. Office Of The City Clerk Requesting Approval Of The October 15, 2013 Planning And Zoning Board/Local Planning Agency Special Meeting Minutes. Chairperson Poe said, "The Chair will entertain a motion with regard to those minutes (October 15, 2013)." "MOTION TO APPROVE". MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. 400. REPORTS No Reports were given. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-NOVEMBER 6,2013 PAGE 3 OF 8 rm;-J PUBLIC HEARINGS AGENDA ;=am PUBLIC HEARINGS 500. Community Development Department—Planning Division Requests That The Planning And Zoning Board Consider Both The Preliminary And Final Engineering Plans For The Primrose School, A Proposed 12,324 Square weenci Foot Daycare Facility Located On The Southwest Corner Of Heritage Park Street And State Road 434. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. Board Member Bart Phillips arrived at 5:3 7 p.m. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the Board with regards to the Traffic Study and stated, "The Traffic Study was acceptable and has been reviewed and approved by Staff." Mr. Fields added, "At some point they will need to make a timing adjustment at the signal. There is going to be quite a bit more traffic on Heritage Park Street. There's no doubt about that. However, it has capacity to handle that traffic." Discussion ensued. Mr. Ted Tillman, Corporate Primrose Schools, 83 Virginia Ridge, Dallas, Georgia: explained that the corporate offices of Primrose Schools had conducted an extensive demographic study and determined the location in Winter Springs to be suitable. Chairperson Poe opened "Public Input". Mr. Peter Schwoerer, 449 Tradition Lane, Winter Springs, Florida: provided a "Petition Against Primrose Daycare at Heritage Park" to the Members of the Board and expressed his concern with increased traffic as a result of the Primrose School being built. Ms. Edith Walsh, 313 Freedoms Ring Drive, Winter Springs, Florida: remarked about the size of the Primrose School development; the affect it could have on traffic; the safety of the neighborhood children; and that Primrose School has not held a meeting with the residents of Heritage Park to address any concerns. Ms. Barbara Crosswell, 472 Tradition Lane, Winter Springs, Florida: shared her concern with the safety of the children in Heritage Park as they will have to cross the driveway which leads into Primrose School. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-NOVEMBER 6,2013 PAGE 4 OF 8 Mr. Bob Ziegenfuss, Civil Engineer, 708 East Colonial Drive, 4100, Orlando, Florida: said that he had been working with Staff since January 2013; based on an analysis of Primrose Schools across the country it was proposed to have forty (40) parking spaces; that existing overgrowth will be removed with the development which will increase visibility; that he met with members of Heritage Park's Homeowner's Association Board in April and referenced the Primrose facility in Longwood and that they would bring �- information about the development to the Homeowners Association; and addressed traffic concerns. Further discussion. Ms. Miranda Elsis, 20813 Peabody Street, Orlando, Florida: as an owner of the proposed Primrose School and an owner of the Primrose School in Waterford Lakes, Ms. Elsis explained that at the Primrose School in Waterford Lakes, they have 180 students enrolled from 150 families and that parking has never been a problem as the range of drop-off and pick-up times vary. Mr. Ted Tillman, Corporate Primrose Schools, 83 Virginia Ridge, Dallas, Georgia: shared that their studies show that it takes about seven to eight (7-8) minutes to drop off a child and sign them in; thus, with the allotted parking spaces, it would allow for up to a 160 children to feasibly be dropped off in one (1) hour. Mr. Curtis Elsis, 20813 Peabody Street, Orlando, Florida: as an owner of the proposed Primrose School and an owner of the Primrose School in Waterford Lakes, Mr. Elsis commented on the proportionate amount of teachers that park at the school in relation to the number of students that come to the school; and that not every teacher that works at Primrose School is there at 6:30 a.m. Chairperson Poe closed "Public Input". Chairperson Poe recognized and welcomed Commissioner Pam Carroll who was in attendance at this meeting. Regarding a Vote, Chairperson Poe said, "The Chair will entertain a Motion with regard to `Item 500'." "MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-NOVEMBER 6,2013 PAGE 5 OF 8 VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division Requests The Planning And Zoning Board Consider The Aesthetic Review For Primrose School, A Proposed 12,324 Square Foot Daycare Facility Located On The Southwest Corner Of Heritage Park Street And State Road 434. Related to this Agenda Item, Mr. Woodruff presented opening remarks on this Agenda Item as provided to the Members of the Board. Mr. Randy Stevenson, AICP, Director, Community Development Department explained to the Board Members that the Developers have worked with City Staff to bring the architecture of the building in line with the restrictions taken from the Town Center Code. Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". "I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER WALKER. SECONDED BY VICE-CHAIRPERSON HENDERSON. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-NOVEMBER 6,2013 PAGE 6 OF 8 r=� PUBLIC HEARINGS 502. Community Development Department—Planning Division Requests The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance 2013-18, Proposing To Annex The Vacated Portion Of The Florida Avenue Right-Of-Way, Which Is Approximately 0.712 Acres In Size, And Is Generally Located West Of DeLeon Street And North Of State Road 434. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item. Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". Chairperson Poe stated, "The Chair will entertain a Motion with regard to `Item 502'." "MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department—Planning Division Requests The Planning And Zoning Board Hold A Public Hearing To Consider The Aesthetic Review For The Starlight Baptist Church Sanctuary Building, Located At The Northwest Corner Of The Intersection Of Hayes Road And East Bahama Road. Mr. Howell introduced this Agenda Item. Chairperson Poe opened "Public Input". No one addressed the Board. Chairperson Poe closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-NOVEMBER 6,2013 PAGE 7 OF 8 Chairperson Poe said, "The Chair will entertain a Motion." "I MAKE A MOTION FOR APPROVAL." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Poe opened "Public Input". No one spoke. Chairperson Poe closed "Public Input". In other City business, Mr. Stevenson advised the Planning and Zoning/Local Planning Agency Board Members regarding an addition to a property in the Glen Eagle subdivision, and that the City Commission had approved the proposed project. Additionally, Mr. Stevenson noted that the next meeting of this Board will be December 4, 2013; that the City Commission recently held a Workshop on Lot Splits and the City Commission had asked for a map that showed what the area in the Ranchlands would look like with its maximum density of one (1) acre lots; the Ordinance on billboards has been put on hold until January at the request of the City Manager; and the Developers for the "Grandeville at Town Center" Project were hoping to begin construction soon. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—NOVEMBER 6,2013 PAGE 8 OF 8 ADJOURNMENT Chairperson Poe adjourned the Regular Meeting at 6:29 p.m. RESPECTFULLY SUBMITTED: SARAH HART DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting.